Senate President Therese Murray (D-Plymouth) announced recently that the Senate has passed legislation improving safety regulations for operators of all-terrain vehicles (ATVs) in Massachusetts. The bill requires ATVs, off-road motorcycles and snowmobiles to be registered and all operators to wear helmets. It also establishes a minimum age of use for ATVs.

“We have to consider the safety of people, especially children, who use these vehicles,” Murray said. “This bill will hold negligent users or owners accountable and help reduce the bad practices that harm individuals and children.”

Since the tragic ATV-related death of their eight-year-old son Sean in 2006, Mark and Katie Kearney of Plymouth have tirelessly advocated for increased ATV regulations and have worked with Senate President Murray’s office to put together this safety legislation.

“These are needless accidents, and I am so pleased that the Senate understood this and passed regulations that will hopefully prevent this kind of tragedy from ever happening again,” Katie Kearney said. “The passage of this bill shows that if you see a problem, you can go to your legislator and do something. Senate President Murray has been caring advocate for this legislation and has been by our side throughout the process.”

According to the National Trauma Data Bank, more than 77 percent of ATV injuries and deaths involved children under the age of 14. The U.S. Consumer Product Safety Commission found a 33 percent increase in all ATV-related injuries since 2001. In 2006 alone, at least 111 children under 16 were killed in ATV accidents.

“This legislation passed by the Senate would undoubtedly save the lives of many children and stem the tide of the preventable and costly pediatric brain injuries that are treated in the trauma centers of this Commonwealth,” said Dr. Peter T. Masiakos, a trauma surgeon at Massachusetts General Hospital.

The bill prohibits anyone under 14 from operating an ATV, unless it is for a sanctioned race supervised by adults over 18. It also establishes penalties and fines for reckless and negligent use, leaving the scene of an accident, and unauthorized use and false registration.

In order to cross a public way, public safety provisions in the bill require that crossings are marked and approved as part of an authorized recreation vehicle trail system. The bill also prohibits ATV use that does millions of dollars of damage every year to public and private property, wildlife and crops.

In 2007, the Massachusetts Department of Conservation and Recreation created an Off-Highway Vehicle Working Group to identify strategies and solutions to address the growing concerns regarding the illegal and unsafe use of snowmobiles and recreation vehicles. Much of this bill, which also creates a new state off-highway vehicle advisory committee to address ongoing concerns, stems from their work.

Further provisions of the bill include:

•    Prohibits possession of a loaded firearm, rifle or shotgun while riding on a recreation or snow vehicle;

•    Requires that a person between 14 and 16 years of age may only operate an ATV with an engine capacity up to 90 cubic centimeters, and such use must be directly supervised by someone over 18;

•    Provides that operators of recreation vehicles born after January 1, 1991 must complete a vehicle safety and responsibility course;

•    Mandates that recreation and snow vehicle owners who knowingly allow persons to use their vehicles are liable with the operator for any damage or injuries;

•    Establishes an Off-Highway Vehicle Program Fund that collects registration fees and revenues from fines and forfeitures to pay for law enforcement activities, land acquisition, trail maintenance and development, and the development of safety and training programs.

This bill now goes to the House of Representatives.

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