Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 3.00 - The Use Of Recreation Vehicles And Snow Vehicles › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
All-terrain Vehicle
means a motorized
				recreation vehicle designed or modified for travel on four low pressure tires
				and having a seat designed to be straddled by the operator and handlebars for
				steering control.
Clearly Visible
for the purposes of
				M.G.L. c. 90B, § 22 and
				323 CMR
				3.05(1), means that the
				registration number can be viewed and read from either side of the snow machine
				or recreation vehicle and is not obstructed by the operator or vehicle
				equipment.
Cowling
for the purposes of M.G.L. c.
				90B, § 22 and
				323 CMR
				3.05(1), means the forward
				portion of a snow machine or recreation vehicle, usually of fiberglass or
				similar material, surrounding the motor.
Dealer
means any person, firm,
				corporation or entity engaged in the business of buying, selling or exchanging
				recreation vehicles, snow vehicles, or both at an established or permanent
				place of business in the Commonwealth, with each such place maintaining a sign
				conspicuously displayed showing the name of the dealership and indicating that
				recreation vehicles or snow vehicles may be purchased at such place, so that it
				may be located and identified as a recreation vehicle or snow vehicle dealer by
				the public.
Directly Supervised
means the
				supervising adult, 18 years of age or older, shall be sufficiently close to the
				operator at all times that the operator's vehicle is in operation, such that a
				reasonable person acting as supervisor under the totality of the circumstances
				including, but not limited to, vehicle and ambient noise, the landscape,
				topography and geography of the location, and the operator's wearing of
				protective headgear, would reasonably believe that he or she is maintaining
				visual contact and verbal communication with the operator.
Director
means the Director of the
				Office of Law Enforcement or his designee.
Dirt Bike
means a recreation vehicle
				that is a lightweight motorcycle, equipped with two in-line wheels, designed
				for operation on unpaved surfaces, dirt roads, and trails.
Express or Implied Consent of Said Manufacturer or
				Dealer
for the purpose of M.G.L. c. 90B, § 22, means that the
				recreation vehicle or snow vehicle is operated solely for the purpose of
				testing or demonstration directly related to the sale of such particular
				vehicle or a substantially similar vehicle; that a representative of the
				manufacturer or dealer other than the prospective purchaser(s) is present
				throughout such testing or demonstration, or that such consent is stated in
				writing and is carried on the person and shall include without limitation the
				name of the manufacturer or dealer, the name of the recipient of the consent,
				the registration numbers of the vehicle and the date of the consent provided
				that no such consent may be granted for a period of greater than 24
				hours.
Law Enforcement Officer
means the
				director, a deputy director of enforcement, a chief of enforcement, a deputy
				chief of enforcement, an environmental police officer and a deputy
				environmental police officer of the office of environmental law enforcement,
				the registrar or an authorized agent thereof, a police officer, a member of the
				state police, a city or town police officer or an employee of the commonwealth
				having police powers on public lands.
Municipal Permitting Authority
means
				the chief of a municipal police department or their designee or the municipal
				official responsible for public safety.
Nighttime
means that period of time
				from sunset to sunrise as determined by the chart in
				323 CMR
				2.02 under the definition of nighttime in
				323 CMR
				2.00:
The Use of Vessels
affecting
				motorboats and boating.
Office
means the Office of Law
				Enforcement, also known as the Massachusetts Environmental Police.
Operate
means to ride in or on and
				control the operation of, or to maintain, suffer, supervise or permit the
				operation of, or to push a snow vehicle or a recreation vehicle.
Recreation Utility Vehicle
or
Utility Vehicle
means a motorized flotation tire
				vehicle with not less than four and not more than six low pressure tires that
				is limited in engine displacement to less than 1,500 cubic centimeters and in
				total dry weight to not more than 1,800 pounds and that has a seat that is of
				bench design, not intended to be straddled by the operator, and a steering
				wheel for control.
Recreation Vehicle
or
Off-highway Vehicle
means any motor vehicle designed
				or modified for use over unimproved terrain for recreation or pleasure while
				not being operated on a public way as defined in M.G.L. c. 90 including, but
				not limited to, all-terrain vehicles, off-highway motorcycles, dirt bikes,
				recreation utility vehicles and all registered motor vehicles while not being
				operated on a public way as defined in M.G.L. c. 90; provided, however, that
				recreation vehicles and off-highway vehicles operated exclusively for
				agricultural, forestry, lumbering or construction purposes shall not be subject
				to M.G.L. c. 90B and it shall be an affirmative defense that such vehicle was
				being operated for such purposes at the time of an alleged violation of M.G.L.
				c. 90B.
Snow Vehicle
means a motor vehicle
				designed to travel over ice or snow, having a curb weight of not more than 453
				kilograms or 1,000 pounds, driven by track or tracks in contact with the snow
				or ice and steered by a ski or skis in contact with the snow or ice.
Unsafe Condition
for the purposes of
				323 CMR 3.06
				means:
(a) the recreation or snow vehicle is not displaying lights at
				nighttime;
(b) the recreation or snow vehicle has a fuel leakage;
(c) the person operating the recreation or snow vehicle or each
				person aboard such vehicle is not wearing the protective headgear required by
				M.G.L. c. 90B, § 26;
(d) the operator is operating underage in violation of
				323 CMR
				3.03(1).
(e) the operator is operating under the influence of
				intoxicating liquor or narcotic drugs, barbiturate or marijuana;
(f) the recreation or snow vehicle is being used in a manner
				which presents a substantial risk of injury or loss of life;
(g) the recreation vehicle is not equipped with a spark
				arrestor;
(h) the recreation vehicle or snow vehicle is being operated on
				a way as defined in M.G.L. c. 90, § 1.