Full question:
My neighbors have 4 wheel gas powered ATV's for adults and kids. One kid riding is 8 years old, plus they are riding close to my residence. Is it not correct that it is unlawful for a child less than 10 years old to ride an ATV? Plus is it right that they cannot ride within 150 feet of a residence (mine) without the permission of that resident (me)? They are being extremely inconsiderate and I need to know if I have my facts correct, or indeed if I am missing something else?
- Category: Automobiles
- Date:
- State: Massachusetts
Answer:
I suggest contacting city hall, as there may be local ordinances which may impose additional restrictions other than those imposed by state law. However, I was unable to find such an ordinance at the following link:
http://www.townofpalmer.com/Pages/PalmerMa_Manager/ordinances/Policy%20Handbook%20D2%20%20%2007-17-07.pdf
Please see the following MA statute to determine applicability:
G.L.c. 90B, § 26. Dangerous and prohibited operation; restrictions;
operators license requirement
Section 26.
No one shall operate a snow vehicle or recreation vehicle
with a percentage, by weight, of alcohol in their blood of eight
one-hundredths or greater, or so as to endanger any person or property.
No one shall operate a snow vehicle or a recreation vehicle in a
reforested or planted area in a manner to cause damage to growing
stock.
No one under the age of sixteen and one half years of age shall operate
a snow vehicle or a recreation vehicle across a public highway. No one
under fourteen years of age shall operate a snow vehicle or a recreation
vehicle unless directly supervised by an adult.
Every person operating or riding in or on a recreation vehicle or a
snow vehicle or on a sled attached thereto shall wear protective
headgear conforming with such minimum standards for construction
and performance as the registrar of motor vehicles may prescribe.
No person shall operate a snow vehicle on privately owned property,
except in cases of emergency, unless:
(a) the operator is the owner or
lessee or immediate family member of the owner or lessee of such
property;
(b) the operator has in his possession either a document, signed
by the owner or lessee of such property or his agent, authorizing the
operation of a snow vehicle on such property by the operator or valid
proof of current membership in a club, association or other organization
to which express authorization for the operation of snow vehicles on such
property has been granted; provided, however, that such operation shall be
consistent with the express authorization so granted and any restrictions
imposed therewith; or
(c) the owner or lessee of such property has
designated the area for use by such snow vehicles by posting reasonable
notice of such designation in a manner approved by the director.
No one shall operate a snow vehicle or recreation vehicle in a
manner to harass deer or other wildlife.
No one shall operate a snow vehicle or recreation vehicle while
under the influence of intoxicating liquor or narcotic drugs.
No one shall carry a firearm, rifle or shotgun in or on a snow
vehicle or a recreation vehicle or on a trailer or sled attached thereto
unless such firearm, rifle or shotgun is unloaded and in an enclosed
case, unless he is a law enforcement officer or other person authorized
to carry arms as specifically described in section thirty-two, or a
paraplegic as provided in section sixty-five of chapter one hundred
and thirty-one.
A motor vehicle operator's license or learner's permit shall not be
required for the operation of a snow vehicle or a recreation vehicle.
[Amended by 2003, 28, Sec. 33 effective June 30, 2003.]
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
