Amendment #1 to H3030

Floor Amendment

Mr. Speliotis of Danvers moves to amend the bill by striking out all after the enacting clause and inserting in place thereof the following new text:-

“Section 9 of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following 13 sentences:- A tractor, trailer, truck or all-terrain vehicle may be operated without such registration upon any way for a distance not exceeding 1/2  mile, if said tractor, trailer, truck or all-terrain vehicle is used exclusively for agricultural purposes, or between 1/2  mile and 10 miles if said tractor, trailer, truck or all-terrain vehicle is used exclusively for agricultural purposes and the owner thereof maintains in full force a policy of liability insurance which conforms to the provisions of section 113A of chapter 175 or for a distance not exceeding 300 yards, if such tractor, trailer or truck is used for industrial purposes other than agricultural purposes, for the purpose of going from property owned or occupied by the owner of such tractor, trailer or truck to other property so owned or occupied. Persons operating all-terrain vehicles under these provisions shall annually notify the police department in the municipalities in which they are to operate of the public way and sections of public way on which they operate in the course of agricultural purposes. For the purposes of this section the term “all-terrain vehicle” means a motorized recreational vehicle designed or modified for travel on 4 low pressure tires and having a seat designed to be straddled by the operator and handlebars for steering control in conformance with section 20 of chapter 90B. All-terrain vehicles operating under this section shall be equipped with at least 1 stop light or a flashing red light to the rear and shall display a safety flag of not less than 36 square inches in area which shall be elevated to no less than 6 feet from the ground. If the all-terrain vehicle is designed to operate at 25 miles an hour or less, it shall also comply with section 7 and display the required slow-moving vehicle emblem. If an all-terrain vehicle is towing a sled, trailer or other vehicle, the vehicle being towed shall display the safety flag and said slow moving vehicle emblem. The operation of such all-terrain vehicles exclusively for agricultural purposes, for the limited distances authorized on a public way herein, shall be further limited to operation on public ways during the period from 1/2 hour before sunrise to 1/2 hour after sunset. Any person who operates an all-terrain vehicle on a public way for agricultural purposes as authorized by this section but who fails to notify the police department in any municipality, in advance, of his or her intended route on a particular way or ways in that municipality, may be subject to a fine for his or her failure to provide advance notice to police if found operating therein or thereon  Any person who operates an all-terrain vehicle exclusively for agricultural purposes who violates any of the above provisions shall be subject to a fine under section 20. No person shall operate an unregistered tractor, trailer, truck or all-terrain vehicle on a public way, as authorized by this section, without having in his or her possession a valid driver license for the vehicle being operated and the operator of an all-terrain vehicle shall have at least a Class D license. Such person shall be subject to all traffic laws and regulations of the commonwealth while operating such vehicle on a public way. No person may operate an all-terrain vehicle on a public way for recreational or other purposes, even if in possession of a valid driver license, except as authorized by this section and section 25 of chapter 90B. Whoever operates an all-terrain vehicle on a public way without being authorized to do so, other than for failure to notify police of the intended route while using the vehicle exclusively for agricultural purposes as required above, may be cited for operating an unregistered vehicle under this section and if not in possession of a valid driver license for the vehicle being operated, may also be cited under section 10.”