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MA OHV Laws - 2017 Edition

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    Lifer typeone's Avatar
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    MA OHV Laws - 2017 Edition


    do we want this thread? i removed my posts from the 'let's get dirty' thread with the intent to put them somewhere more appropriate.

    over the past few days i've been reaching out to each race org (NETRA, The Wick, JDay, 508Intl ... NESC and NEMX next) to hear their thoughts on MA OHV laws as they pertain to 'closed-course' competition events. the responses have been interesting. two of four have come back at the moment.

    not many MX'ers here, and not everyone is MA based so ... maybe it's not really a discussion for NESR (?)

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    Super Moderator TheIglu's Avatar
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    Re: MA OHV Laws - 2017 Edition

    I can't see why this thread wouldn't be relevant in this area.

    What were some of the responses if you don't mind sharing?


    FYI, my personal interaction with our local DEP officer has been negative. Last time I'll check to make sure he's alright half off a dirt road in the middle of the night out in the woods. What a fucking dick.

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    BMW track whore e30addict's Avatar
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    Re: MA OHV Laws - 2017 Edition

    Quote Originally Posted by TheIglu View Post


    FYI, my personal interaction with our local DEP officer has been negative. Last time I'll check to make sure he's alright half off a dirt road in the middle of the night out in the woods. What a fucking dick.
    Yeah, my experience with DEP wasn't great either. They make the MA staties look like saints.

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    Backwoods lobster boy number9's Avatar
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    Re: MA OHV Laws - 2017 Edition

    The Mass DEP have a flyer about off-highway vehicles (OHVs) here:

    Quote Originally Posted by DEP
    Recreation vehicles operated on public or private property must be registered through the Commonwealth of Massachusetts. Recreation vehicles used exclusively for agricultural, forestry, lumbering, or construction purposes are exempt from the registration fee requirement.

    Registration must be in operator’s possession, and assigned registration number shall be displayed on the vehicle and not obstructed. Out of state registrations are not valid in Massachusetts.
    Just so I'm clear, we're talking about off-road registration right? Which leads me to the Boat, OHV & Snowmobile Registration Bureau.

    So it's not "registration" as in "go to the RMV and get a plate", it's "registration" as in "go and pay sales tax on the thing to get your little sticker".

    Right?

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    Lifer typeone's Avatar
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    Re: MA OHV Laws - 2017 Edition

    Quote Originally Posted by TheIglu View Post
    What were some of the responses if you don't mind sharing?
    yes, i will share... deadline today so only quick visits to the site...

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    Development Rider scottieducati's Avatar
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    Re: MA OHV Laws - 2017 Edition

    Correct.

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    Lifer typeone's Avatar
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    Re: MA OHV Laws - 2017 Edition

    Quote Originally Posted by number9 View Post
    The Mass DEP have a flyer about off-highway vehicles (OHVs) here:

    Just so I'm clear, we're talking about off-road registration right? Which leads me to the Boat, OHV & Snowmobile Registration Bureau.

    So it's not "registration" as in "go to the RMV and get a plate", it's "registration" as in "go and pay sales tax on the thing to get your little sticker".

    Right?
    correct. sales tax + 2-year reg fee then 2-year renewal after that.

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    Lifer Chippertheripper's Avatar
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    Re: MA OHV Laws - 2017 Edition

    As in, provide proof you paid your sales tax, pay the registration fee, THEN get your sticker.

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    Lifer typeone's Avatar
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    Re: MA OHV Laws - 2017 Edition

    ^ BOOM, clarified.

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    Lifer loudbeard's Avatar
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    Re: MA OHV Laws - 2017 Edition

    Hmm. Sounds like I fucked up paying taxes and OHV reg. "No officer, this is my construction bike."

    Maybe for me a "lumbering" bike would be more appropriate.

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    Lifer typeone's Avatar
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    Re: MA OHV Laws - 2017 Edition

    good point. i mostly use mine for 'forestry' duties. hmmmmmmmmmmmm, indeed

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    Lifer
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    Re: MA OHV Laws - 2017 Edition

    I think the big disconnect with this issue is that the sticker is not only required for riding legal riding areas. It is required for your backyard, or at a private track.

    I've yet to personally interact with the MA EP, but I think some of the anger their way is a little misdirected. An awareness campaign through warnings isn't the worst. The real issue is with whoever made the change to the rules. Is there any reason to believe the Environmental Police (EP) were behind that?

    I'm not aware of the history, but it kinda seems like forcing everyone to register even if they don't ride outside their backyard would be the way forward to expansion of more legal spots. But are there plans to expand riding areas? Do places like Hodges even get money from the state? 1000 bikes at $44/each is $40k for two years. I have no idea what the numbers are. I'd assume you need at least one person to oversee the management and administration of these riding areas. Then you have costs associated with collecting the fee, and enforcing it.

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    Super Moderator TheIglu's Avatar
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    Re: MA OHV Laws - 2017 Edition

    Quote Originally Posted by typeone View Post
    good point. i mostly use mine for 'forestry' duties. hmmmmmmmmmmmm, indeed
    I tend to debark trees and dig holes with my handlebars. Clearly not recreational, no fun in that at all if I show the bruises.

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    Lifer typeone's Avatar
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    Re: MA OHV Laws - 2017 Edition

    Quote Originally Posted by aldend123 View Post
    I think the big disconnect with this issue is that the sticker is not only required for riding legal riding areas. It is required for your backyard, or at a private track.

    I've yet to personally interact with the MA EP, but I think some of the anger their way is a little misdirected. An awareness campaign through warnings isn't the worst. The real issue is with whoever made the change to the rules. Is there any reason to believe the Environmental Police (EP) were behind that?

    I'm not aware of the history, but it kinda seems like forcing everyone to register even if they don't ride outside their backyard would be the way forward to expansion of more legal spots. But are there plans to expand riding areas? Do places like Hodges even get money from the state? 1000 bikes at $44/each is $40k for two years. I have no idea what the numbers are. I'd assume you need at least one person to oversee the management and administration of these riding areas. Then you have costs associated with collecting the fee, and enforcing it.
    i wish i could type more but cant yet ... look up "Sean's Law" to get started

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    Development Rider scottieducati's Avatar
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    Re: MA OHV Laws - 2017 Edition

    From an article about "Sean's Law": "The bill also establishes an advisory group to increase communication among ATV riders, landowners, law enforcement agencies and other interested parties."

    So who is this Advisory group, how do we get involved and contact them? Seems like riders, and owners of properties to support off-road vehicles are being woefully underrepresented.

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    Lifer typeone's Avatar
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    Re: MA OHV Laws - 2017 Edition

    scottie, i'm not sure yet but this was posted on FB 3hrs ago...

    The OHV Advisory Committee has agreed to put on the table an exemption for "closed course competition motorcycles" It appears that while the off-road community has been well represented they were unaware of the designation as motocross bikes are designed and manufactured as such. -Dave Hanscom
    this was in Robby Marshall's thread on FB (for the record, i think his post is BS as a prominent track owner), i'll drop Dave a line if no one else does.

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    Last edited by typeone; 05-04-17 at 03:58 PM.
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    Lifer Chippertheripper's Avatar
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    Re: MA OHV Laws - 2017 Edition

    Ahhh, Sean's law.
    That old gem.
    The law should have been about lying to friends' parents and parental control and supervision of children on such atvs, and I guess by default, off-road motorsickles.

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    Lifer
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    Re: MA OHV Laws - 2017 Edition

    I was familiar with that law at one point, but I guess I never made the connection that it related to the registration change. The whole thing seemed primarily aimed at child laws. And kinda knee-jerk/irrational. I wouldn't be surprised if someone involved ever said the phrase 'if we can save just one...'. So is little Bobby gonna have to drown for us to have some age restrictions on letting the kids play in the pool?

    I wonder if anyone has ever gotten the financial records for how the registration money gets applied? I'd bet this is available through FOIA. Would it be win-win if the state approved a few new riding spots to be available in the next few years, and then said 'but part of the deal is you all better get stickers and we'll actually start enforcing it'. I don't think most people would mind paying if they felt like there was an effort to use that money to represent their riding interests.

    Day dream - somehow link riding to exercise and the obesity problem. That's great PR right now as most people want attractive ways to achieve health and riding is great exercise.

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    Re: MA OHV Laws - 2017 Edition

    ""The bill, “An Act Regulating the Use of Off-Highway and Recreation Vehicles,” prohibits any use of an Off-Highway Vehicle or ATV by children under age 14. Until now, children as young as 12 could operate an ATV if supervised by an adult, and as young as 10 if they were riding on the supervising adult’s private property This new age restriction does not apply to the use of dirt bikes or snowmobiles.""

    I'm wondering how Sean's law is relevant to all this, after reading that last sentence??

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    Senior Member bstnsboy's Avatar
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    Re: MA OHV Laws - 2017 Edition

    From what I've seen there was a crew of enviro-dicks at the crowhill m.x. race's over last weekend busting riders for not being registered while riding the track. Hence the private property thing. It's getting out of hand here in mass..... You cant ride m.x. on a closed course because they want the money.....Fucking crooks!

    "Robby Marshall feeling pissed off with Scott W. Keller.
    May 2 at 6:35am ∑
    The disgust I have with the EPA and the state of Massachusetts is insane right now. How ever to resolve this issue us riders and racers are about to face with this greedy state needs to be addressed. The best thing everyone can do is call there state representative non stop until you have answers, explain the harassment and unnecessary attitude received at this past Sunday's race from the EPA. Also explain that it's unfair to enforce a registration law when the state offers NOTHING in return, no legal place to ride, no aide to private facility's like ours for a legal place to ride. Unfortunately this is going to get worse before it gets better unless EVERYONE calls and calls and calls there state representative until there blue in the face! This is wrong on so many levels and so unfair to us all. We can make a change but not without everyone working together!! Research who your state rep is and CALL CALL CALL CALL CALL THERE OFFICE UNTIL WE HAVE ANSWERS! #sticktogether #crowhillmx #corruptionNEEDStoend"

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    Last edited by bstnsboy; 05-04-17 at 07:40 PM.

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    Lifer
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    Re: MA OHV Laws - 2017 Edition

    Quote Originally Posted by b0xmonkey View Post
    ""The bill, ďAn Act Regulating the Use of Off-Highway and Recreation Vehicles,Ē prohibits any use of an Off-Highway Vehicle or ATV by children under age 14. Until now, children as young as 12 could operate an ATV if supervised by an adult, and as young as 10 if they were riding on the supervising adultís private property This new age restriction does not apply to the use of dirt bikes or snowmobiles.""

    I'm wondering how Sean's law is relevant to all this, after reading that last sentence??
    I don't think it really is, except that a bunch of legislation seems to have been passed in his honor. Instead of just having a simple rule about age restrictions, it was expanded. Let's get the actual law. Most of it applies to boating, so scroll down to Section 20 through 35. Definitions in 90B Section 20 defines: ''Recreation vehicle'' or ''off-highway vehicle'', 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 chapter 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 (..) with exemptions for vehicles used for "exclusively for agricultural, forestry, lumbering or construction purposes"

    And then Section 22 says : "No person shall operate a snow vehicle or 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; provided, however, that the director may exempt a participant of a sanctioned race, rally or event who is not a resident of the commonwealth from the requirements of this section. (..)"

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    Lifer
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    Re: MA OHV Laws - 2017 Edition

    Quote Originally Posted by bstnsboy View Post
    From what I've seen there was a crew of enviro-dicks at the crowhill m.x. race's over last weekend busting riders for not being registered while riding the track. Hence the private property thing. It's getting out of hand here in mass..... You cant ride m.x. on a closed course because they want the money.....Fucking crooks!

    "Robby Marshall feeling pissed off with Scott W. Keller.
    May 2 at 6:35am ∑
    The disgust I have with the EPA and the state of Massachusetts is insane right now. How ever to resolve this issue us riders and racers are about to face with this greedy state needs to be addressed. The best thing everyone can do is call there state representative non stop until you have answers, explain the harassment and unnecessary attitude received at this past Sunday's race from the EPA. Also explain that it's unfair to enforce a registration law when the state offers NOTHING in return, no legal place to ride, no aide to private facility's like ours for a legal place to ride. Unfortunately this is going to get worse before it gets better unless EVERYONE calls and calls and calls there state representative until there blue in the face! This is wrong on so many levels and so unfair to us all. We can make a change but not without everyone working together!! Research who your state rep is and CALL CALL CALL CALL CALL THERE OFFICE UNTIL WE HAVE ANSWERS! #sticktogether #crowhillmx #corruptionNEEDStoend"
    It's really unfortunate that the call to action names the wrong organization. Unless there is something I'm missing? By EPA, I believe he meant the Massachusetts Environmental Police. They weren't busting people as far as I've read. They were issuing warnings. It's inaccurate to say there's 'no legal place'. Limited and disappearing maybe. Was there ever an expectation that 'aide' would be spent at a private facility? We all need to do our best to keep the information as accurate and rational as possible.

    75% of fines go to the Off-Highway Vehicle Program Fund. And if I understand the text correctly, that is also where the registration money goes. "(b) The secretary of energy and environmental affairs, as trustee, shall administer the fund. All amounts credited to the fund may be expended, without further appropriation, for use (..)" and it describes that money can go to enforcement, acquisition or maintenance of commonwealth-approved land/trails/facilities, safety programs, grants related to those things, and a catch-all "other off-highway program activities, including all direct and indirect costs of personnel or contractors of " the various MA environmental agencies.

    25% minimum of the year's deposits must be spent that year on acquisition, development, maintenance, repair or restoration of commonwealth-approved land/trails/facilities. Unspent money rolls over to the next year. The spending must be reported yearly, so it's probably available.

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    Last edited by aldend123; 05-04-17 at 09:18 PM.
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    Backwoods lobster boy number9's Avatar
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    Re: MA OHV Laws - 2017 Edition

    I might be the sole contrarian on this, but it's hard to get upset at DEP officers for enforcing a valid law. Yeah, the law sucks, and we don't like it, but the long-term solution is going to be getting the law changed. Calling DEP officers names doesn't help us, it only hurts us.

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    Re: MA OHV Laws - 2017 Edition

    Quote Originally Posted by number9 View Post
    I might be the sole contrarian on this, but it's hard to get upset at DEP officers for enforcing a valid law. Yeah, the law sucks, and we don't like it, but the long-term solution is going to be getting the law changed. Calling DEP officers names doesn't help us, it only hurts us.
    Agreed. Maybe it's because I've never been harassed by the ep, or maybe because I live 10 minutes from freetown, but I don't see what the uproar is about.

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    Your Father csmutty's Avatar
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    Re: MA OHV Laws - 2017 Edition

    Quote Originally Posted by number9 View Post
    I might be the sole contrarian on this, but it's hard to get upset at DEP officers for enforcing a valid law. Yeah, the law sucks, and we don't like it, but the long-term solution is going to be getting the law changed. Calling DEP officers names doesn't help us, it only hurts us.
    Fuck that.

    If any kind of "cops" showed up to the local track here and tried to pull that bs I'd be livid.

    - - - Updated - - -

    Quote Originally Posted by number9 View Post
    I might be the sole contrarian on this, but it's hard to get upset at DEP officers for enforcing a valid law. Yeah, the law sucks, and we don't like it, but the long-term solution is going to be getting the law changed. Calling DEP officers names doesn't help us, it only hurts us.
    Define "valid".

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