What Massachusetts law says about riding an electric dirt bike, question by question. 6 of 6 answered from official text.
Published
Reviewed . Sources: M.G.L. c. 90B, § 20; M.G.L. c. 90B, §§ 20, 22, 26(a)(1), (e), 30; M.G.L. c. 90B, §§ 20, 26(a)(1), (d); M.G.L. c. 90B, §§ 20, 21, 25, 26(a), (b); M.G.L. c. 90B, § 25; M.G.L. c. 90, § 1; c. 85, § 11B3/4(a).
The answers
Is an electric dirt bike an off-highway vehicle?
Massachusetts defines a "recreation vehicle" or "off-highway vehicle" as 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 such a public way. The definition's own words for the machine are "any motor vehicle". Recreation vehicles and off-highway vehicles operated exclusively for agricultural, forestry, lumbering or construction purposes are not subject to chapter 90B.
No person may operate a recreation vehicle (a term that includes off-highway motorcycles and dirt bikes) unless it has been registered under chapter 90B and a registration number assigned by the director is displayed on it, painted on or shown by a decal or sticker firmly attached to both sides of the cowling; the director may exempt a participant of a sanctioned race, rally or event who is not a resident of the commonwealth. Registration is valid for a period ending two years from the date of issuance, and every operator must have the certificate of registration on his person or in the vehicle. On publicly-owned property, no person may operate a recreation vehicle except on trails marked and designated for use by such vehicles, or without the express permission of the owner. Section 26 states that it does not apply to a person operating a recreation vehicle in preparation for, or while a participant in, a sanctioned race, rally or organized event that is supervised by a person aged 18 or older and authorized or approved by a municipal permitting authority. A recreational vehicle owned by a resident of another state may be deemed registered in Massachusetts if it is registered under the laws of the owner's home state, but only to the extent that state grants a similar exemption or privilege to recreational vehicles registered in Massachusetts, and only for states the commissioner designates.
No person may operate or ride in or on a recreation vehicle (a term that includes off-highway motorcycles and dirt bikes), or ride in or on a sled, inflated tube or similar article attached to and pulled by such a vehicle, without wearing protective headgear. The headgear must conform to the minimum standards for construction and performance that the registrar of motor vehicles may prescribe. Section 26 states that it does not apply to a person operating a recreation vehicle in preparation for, or while a participant in, a sanctioned race, rally or organized event that is supervised by a person aged 18 or older and authorized or approved by a municipal permitting authority.
No person under 18 years of age may operate a recreation vehicle (a term that includes off-highway motorcycles and dirt bikes) unless he has successfully completed a recreation vehicle safety and responsibility course approved by the director of environmental law enforcement; proof of completion must be carried while operating, proof of another state's equivalent course, as determined by the director, is valid, a parent or legal guardian of an operator under 16 must participate in at least 1 session of the course or as required by the director, and the director may exempt a participant of a sanctioned race, rally or event who is not a resident of the commonwealth. No person under 16 and one-half years of age may operate a recreation vehicle across or on a public way unless the operator holds a valid license or right to operate a motor vehicle or is directly supervised by a person 18 years of age or older. The minimum operating age of 14, and the 90 cubic centimeter limit with direct supervision for ages 14 to 16, are written only for an "all terrain vehicle" (defined as designed or modified for travel on 4 low pressure tires) or a "recreation utility vehicle". No person 18 or older may knowingly permit a person under 18 to operate a recreation vehicle in his custody or under his control in violation of chapter 90B. Section 26 states that it does not apply to a person operating a recreation vehicle in preparation for, or while a participant in, a sanctioned race, rally or organized event that is supervised by a person aged 18 or older and authorized or approved by a municipal permitting authority.
Except as the section provides, no person may operate a recreation vehicle upon any state, county, city or town way, any other public way, or the right-of-way limits of a controlled access highway. No person under 16 and one-half years of age may operate one across or on a public way unless the operator holds a valid license or right to operate a motor vehicle or is directly supervised by a person 18 years of age or older. A crossing must be made after a full stop, as directly as possible, safely, yielding the right of way to all other vehicular traffic, and only where the public way and the crossing are marked and approved for recreation vehicles by the applicable state or local authorities as part of an authorized recreation vehicle trail system; an operator may not cross a controlled access highway. Operation adjacent and parallel to the travelled portion, or on its extreme right, is limited to gaining access to an area of operation when immediate access is impracticable (between the point of unloading from a motorized conveyance and that area), and to a portion of a public way, not exceeding 4 miles, designated by the governmental entity with jurisdiction with the approval of the municipality's chief of police for travel between authorized operating areas or access to essential services. The other listed exceptions are temporary emergency regulations of the registrar of motor vehicles, ways not maintained or used for the operation of conventional motor vehicles, and pushing a vehicle registered under chapter 90B across any way, or adjacent to it provided the vehicle at no time interferes with the normal flow of traffic.
Massachusetts defines an electric bicycle as a bicycle or tricycle equipped with fully operable pedals and an electric motor of 750 watts or less that meets the requirements of a class 1 or class 2 electric bicycle. A class 1 electric bicycle has a motor that provides assistance only when the rider is pedaling and ceases to provide assistance at 20 miles per hour; a class 2 electric bicycle has a motor that may be used exclusively to propel the bicycle and is not capable of providing assistance at 20 miles per hour. The definition of motor vehicles does not include electric bicycles or motorized bicycles, and the electric bicycle section of chapter 85 takes its meaning of the term from this definition.
This page restates state law in plain words and links the text it came from. It is not legal advice. Cities, counties and the agencies that manage federal land (the Bureau of Land Management and the Forest Service) add rules of their own, so check with whoever manages the ground you plan to ride.
