Moving Forward
While many are aware of the new limits on youth ATV riding in Massachusetts, there are numerous other changes to be aware of that affect several Mass General Laws.
The laws have mandated the establishment of a State Off Highway Vehicle Advisory Committee and an Off Highway Vehicle Program Fund. These two provisions are potentially beneficial to the riding community. They also carry the potential for abuse.
Not every state program gets to keep their user generated funds separate from the state's General Fund. Our new OHV program fund is theoretically safe from legislative raids. (NY state had millions of dollars in an OHV fund. When they scrapped the program, the money disappeared into the big piggy-bank.) The new law specifies allowable uses for this money that includes good things like trails acquisition and maintenance, as well as rider education and safety programs. However, it also permits expenditure of these funds for OHV related law enforcement and administration. With so many agencies and departments under the Executive Office of Energy and Environmental Affairs facing budget cuts it seems unlikely there will be any unspent money to roll over to the next fiscal year as the law provides.
It will be an important role of the OHV advisory committee to advise on the appropriateness of any expenditures and ensure that the law-abiding user generated funds are allocated to the "goods and services" for which they paid.
In order to ensure that the core function of the OHV fund would be preserved, that function being the development and maintenance of safe, environmentally sustainable and socially responsible OHV trails, An amendment was adopted at the last minute so that:
Not less than twenty-five percent of the monies deposited in the fund shall be expended on a fiscal year basis for the activities identified in subsection (b) (ii) or for grants made pursuant to subsection (b) (iii) to fund the activities identified in sub-SECTION (b) (ii).
(b) (ii) = the acquisition of land for use as commonwealth-approved trails and facilities for off-highway vehicles or for the development, maintenance, repair or restoration of commonwealth-approved trails and facilities
(b) (iii) grants made by the department of conservation and recreation to municipalities and other public entities for the purposes of clauses (i) and (ii)
(b) (i) the enforcement of statutes, regulations and policies applicable to off-highway vehicles.
It is hoped that a sincere commitment by the OHV committee members towards the goals of safer, sustainable motorized recreation, will be enough to contain any fiscal leakage.
The advisory committee will also deliberate on OHV enforcement and education issues. Specifically mentioned is:
"The director of law enforcement in the executive office of energy and environmental affairs may, after consultation with the off highway vehicle advisory committee and a public hearing, promulgate regulations consistent with this act including, but not limited to, increasing the age at which persons may operate all terrain vehicles or regulating the engine size and speed capabilities of such vehicles, based on the age of the operator."
There are still those that would have the minimum riding age raised to 16. With one member of the committee representing the Dept of Public Health and another a representative of child safety related to OHV use, we're sure to have an opportunity to examine the data and statistics used to bolster their claims of danger and risk. This opportunity was not afforded us by the legislature. We've seen too many distortions of US govt. published data. It seems incredulous that so many professionals are accidently misreading the raw data. There are interpretations that show the death, injury and risk rates have actually decreased in relation to the 300% increase of the number of ATVs in use over the past decade. It's important to resolve the conflicting interpretations.
Then, if anyone is sincerely interested in rider safety, there is the chance to determine the injury rate for designated, supervised riding areas in contrast to riding in places not designed or permitted for riding and without safety gear or supervision. Such a study would surely seal the case for establishing safe legal trails and possibly highlight OHV injury and violation rates that climbed as a result of trail closures.
Ski areas have bunny slopes. Is there a case to be made for OHV "bunny trails"? Other state's OHV management programs are doing just that, assigning difficulty ratings for each trail. It seems to be working out well. Successful OHV programs around the country are finding out that, given the proper machine, protective gear, venue, and supervision, youngsters can safely learn and enjoy motorized activities.
Another provision of the new law states:
No person under the age of 18 shall operate a recreation vehicle unless he has successfully completed a recreation vehicle safety and responsibility course...
Yet another element says:
No person under 14 years of age shall operate an all terrain vehicle or recreation utility vehicle. This section shall not apply to a person operating a recreation vehicle or snow vehicle in preparation for, or while a participant in, a sanctioned race, rally or organized event which is supervised by a person aged 18 or older and which has been authorized or approved by a municipal permitting authority. It shall be an affirmative defense in a delinquency proceeding for a violation of this section that a juvenile was supervised by a person aged 18 or older while operating such a vehicle within 21 days before such sanctioned race, rally or organized event or while a participant in such a sanctioned race, rally or organized event.
So there is an opportunity for younger children to learn and ride. It just has to be done right. OHVs were never intended to be motorized babysitters anyway. If the safety and responsibility courses and training sessions are scheduled and permitted as events then it's a truly beneficial achievement for the young riding community.
The town of Westfield has taken a lead in this effort. The Dept of Conservation and Recreation published the Recreational Trail Program grants for 2010 and the following is one of the projects:
Grant Awarded $9,340 Match $41,071The Boys & Girls Club of Greater Westfield and the Police Athletic/Activities League are working together to develop an ATV facility park for youth and their families. Through the donation of 40 acres of land from the City of Westfield, the facility will consist of a variety of riding trails, will facilitate youth ATV program curriculum for the disadvantaged youth population in Westfield and surrounding areas, and will offer training programs on the legal use of ATV's on private and public property. The main goal of the facility is to provide a designated ATV riding facility to keep riders from damaging trails intended for other recreational activities and on private property.
With so many municipalities and land managers reaching out for guidance in dealing with OHV trespass issues, and the need to establish the OHV safety and responsibility course, this may go a long way towards establishing credibility for law abiding riders that respect the land they're visiting and the landowners/land managers that extend the privilege.
The biggest problem with the new law remains the restriction of 14 and 15 year old riders to an ATV with an engine of no more than 90cc displacement (the law says capacity but displacement seems to be more correct). These ATVs are not a "one size fits all" design. Too many teens in the 14 to 16 age bracket are simply too large to fit and safely ride a 90cc ATV. (INSERT PICTURE OF CLOWN CAR HERE) A large body of work on the subject was published by the Human Factors Division of the US Consumer Product Safety Commission.
CPSC Staff Briefing Package on Notice of Proposed Rulemaking Part I Part II
In and amongst the hundreds of pages of parts 1 and 2 of the briefing package, it's explains the how and why restricting ATV use by engine size is wrong and actually introduces a greater risk of injury. These pages also explain their selection of age brackets and the median physical, cognitive, and emotional characteristics for each age bracket. The CPSC put together a very thorough proposal for youth ATV characteristics to include frame measurements, speed limitations, control features and safety elements such as not having lights and recommending tall whip mounted flags etc. The CPSC did this for each age bracket. Many legislators were given this information and yet the 90cc limitation remained.
We were never opposed to enhancing youth riding safety. We fully endorse the CPSC's proposed standards for youth ATVs limited by speed. We vehemently condemn the 90cc limitation for 15 year old riders because it poses a direct physical threat to many of the riders.
There are many other new provisions to the OHV laws. The penalties for violations of existing laws has been given some real teeth. Law enforcement felt that a $50 ticket wasn't having an adequate impact on compliance. The option for a judge to continue a case without a finding, has been curtailed for many of the offences. Penalties for operating a recreation vehicle under the influence is as bad as OUI in a regular street registered vehicle. Vehicular trespass merits a $500 fine. The legal ability to cross a road is more clearly defined and the process for getting a formal permit and marking a crossing is established. All OHVs must be registered but certain uses are exempt from the fee. The adult responsibilities for youth riding is spelled out in no uncertain terms. Recreational Utility Vehicles (side-by-sides up to 6 wheels & 1500 cc, 1800 lbs) have been added to the definitions. Dirt bikes must now be registered. One funny snafu, that probably wasn't intended, has become law.
No person shall operate a snow vehicle or a recreation vehicle unless the vehicle has been registered in accordance with this chapter and a registration number assigned by the director is displayed on the vehicle. The registration number shall be painted or by means of a decal or sticker which is firmly attached to both sides of the cowling of the vehicle and located so that both are clearly visible and not obstructed. The registration number displayed shall be not less than three inches in height and not less than one half inch in width and shall be in a color that is in marked and distinct contrast to the background to which the number is applied.
Dirt bikes and most ATVs don't have cowlings! This was intended for snowmobiles. ATVs have perfectly suitable license plates and dirt-bikes will have to find a way to display registration numbers now also.
The Director of Environmental Law Enforcement will undoubtedly be required to get the official version of all this out to the community. There's little else for us to comment on in this legislation. Damaging property you don't own, causing injury to people and living things by deliberate neglect or callous disregard can't be condoned. The cliché, "Don't do the crime if you can't do the time", comes to mind.
last updated 8/18/2010