302 Mass. Reg. 12.14

Current through Register Vol. 1431; November 27, 2020
Section 12.14 - Rules of Conduct on DCR Properties - Recreational Vehicles
(1) No person shall operate a snow vehicle or recreation vehicle on DCR property except on forest ways, forest trails, or other areas specifically designated and marked by the Department for snow vehicle or recreation vehicle use, or as otherwise authorized in writing by DCR.
(2) No person shall operate a snow vehicle upon DCR property unless the designated trail or use area is completely covered with a minimum of four inches of hard packed snow on land or five inches of ice on water bodies. An operator of a snow vehicle entering onto DCR frozen waters shall assume all responsibility in undertaking such activity on DCR property. In areas which are open to use by snow vehicles, driving of such vehicles on unmaintained DCR roads will be allowed, unless:
(a) DCR posts specific areas as restricted access areas; or
(b) Such access to unplowed areas is prohibited by other law or regulation.
(3) No person shall operate a snow vehicle or recreation vehicle in or upon the unfrozen waters or wetlands of DCR property except if crossing a stream over a bridge, a culvert or a similar structure, or by operating the vehicle at the minimum speed required to maintain controlled forward movement to cross in the most direct manner in order to minimize the potential for erosion of the stream bed or banks while on DCR property.
(4) No person may operate a snow vehicle upon the frozen waters of a DCR property when such waters are posted as prohibiting such access.
(5) No person shall operate a recreation vehicle on designated recreation vehicle forest trails or ways except during times and seasons determined by the Department for such use. Licensed hunters possessing a valid handicap plate or placard issued by the Massachusetts Registry of Motor Vehicles may use a snow vehicle or recreation vehicle on DCR trails designated for such motorized uses for the purpose of hunting access during established hunting seasons.
(6) No person may operate a recreation vehicle on designated recreation vehicle trails or ways:
(a) When such trails have been posted or noticed as closed due to unsafe or detrimental conditions;
(b) Except during daylight hours.
(7) No person may operate any snow vehicle or recreation vehicle upon or over any DCR property unless that vehicle is registered in accordance with the laws and regulations of M.G.L. c. 90A or M.G.L. c. 90B.
(8) No person may operate any recreation vehicle with a manufacturer's listed dry weight in excess of 900 pounds or width greater than 50 inches on any forest way or forest trail except where the way or trail is specifically posted for such use. 302 CMR 12.14(8) shall not prohibit the use of:
(a) Any vehicle legally registered under the provisions of M.G.L. c. 90 on a forest road or forest way when the road or way is open to the use of the general public for motor vehicle travel;
(b) Tractors, groomers, or other equipment used to maintain trail conditions or safety when permitted by the Department.
(9) No person younger than 12 years old shall operate any snow vehicle or recreation vehicle on DCR property.
(10) No person may operate a snow vehicle or recreation vehicle upon any DCR property except in accordance with 302 CMR 12.00, M.G.L. c. 90B, §§ 21 through 35, and regulations promulgated thereunder.
(11) No person shall operate any snow vehicle or recreation vehicle upon any DCR property in a reckless manner or in such a manner as may cause or tend to cause fear, discomfort or injury to any person, wildlife, pet, horse, property or vegetation of the DCR or neighboring private property, or at a speed which may be considered unreasonable or improper for existing conditions.
(12) When approaching a non-motorized user including a pedestrian, skier, snowshoer, or bicyclist, the operator of a snow vehicle or recreation vehicle shall immediately slow his or her vehicle to a minimum safe operating speed, shall give the right of way to the non-motorized user, shall not pass until passing can be accomplished with complete safety, and shall not accelerate the vehicle until there is a reasonable distance, no less than 50 feet, from such non-motorized user.
(13) When approaching a horse being led, ridden or driven, the operator of a snow vehicle or recreation vehicle shall bring the vehicle to a stop and turn off the motor if such animal appears to be frightened or if the person in charge of the animal so signals. The operator of a snow vehicle or recreation vehicle shall give the right of way to the horseback rider and shall not pass until passing can be accomplished with complete safety, and shall not accelerate the vehicle until there is a reasonable distance, no less than 50 feet, from the horse.
(14) No person shall operate any moped, scooter or any power-assisted bicycle or other motorized wheeled vehicle, other than a wheelchair, on DCR property unless the operator holds a valid motor vehicle license and the vehicle is equipped for legal operation on Massachusetts public ways.

302 CMR 12.14

Adopted by Mass Register Issue 1272, eff. 10/24/2014.