Chapter 90B

Section 1. In this chapter, unless the context otherwise requires, the following words shall have the following meanings: ''Amphibious landing vehicle'',—a motor vehicle that can travel on land and water. ''Boating accident'',—an occurrence in which a waterborne vessel subject to…

Section 10. In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the division whether the same be a matter of public record or information specified by this chapter as not to be relea…

Section 11. The director shall administer and enforce the provisions of this chapter, and, for such purposes, is authorized to make rules and regulations not contrary to the laws of the commonwealth or of the United States. He shall (1) submit to the secretary for his approval a …

Section 12. The provisions of this chapter and all rules and regulations made under the authority thereof shall be enforced by the director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmenta…

Section 12A. Any officer authorized to enforce the provisions of this chapter who observes a motorboat or vessel being used without personal flotation devices required under this chapter or which is in an overloaded or other unsafe condition and which, in his judgment, presents a…

Section 13. Any officer empowered to enforce this chapter may arrest without a warrant any person who the officer has probable cause to believe has violated or is violating any provision of this chapter or any rule or regulation made under authority hereof. All officers empowered…

Section 13A. Every scuba diver or group of scuba divers while swimming on or under the surface of the waters of the commonwealth shall display for each diver or group of divers as a warning device to boat operators, a diver's flag, so called, constructed of rigidly supported mate…

Section 13B. (a) A person holding themself as a kayak instructor for hire shall obtain and maintain: (i) first aid training certification approved by the department of public health; (ii) cardiopulmonary resuscitation training approved by the department of public health; and (iii…

Section 14. (a) Whoever violates any provision of section two, three, four, six or nine A or of any rule or regulation pertaining thereto shall be punished by a fine of not more than fifty dollars, except as hereinafter provided. Any person against whom a complaint has been issue…

Section 15. (a) The provisions of this chapter shall govern the numbering, operation, equipment and all other matters relating thereto of any vessel subject to the provisions of this chapter or of any rule or regulation made under authority hereof, whenever any such vessel shall …

Section 17. Every officer authorized to enforce the provisions of this chapter or any rule, regulation, ordinance or by-law made under authority hereof shall report to the director, on forms provided by him and in such manner as he may prescribe, every violation of such chapter, …

Section 18. The provisions of chapter thirty A shall be applicable to this chapter in so far as not inconsistent therewith.

Section 19. If any provisions of sections one through eighteen, inclusive, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of said sections, or the application of such provision to persons or circumstances other than those …

Section 2. Every motorboat on the waters of the commonwealth shall be numbered in accordance with this chapter, except:— (1) A motorboat owned in a country other than the United States temporarily using the waters of the commonwealth. (2) A motorboat owned by an agency of the Uni…

Section 20. In sections twenty-one to thirty-five, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:— ''All-terrain vehicle'', a motorized recreational vehicle designed or modified for travel on 4 low pressure tires and havi…

Section 21. No person under 18 years of age shall operate a recreation vehicle unless he has successfully completed a recreation vehicle safety and responsibility course approved by the director of environmental law enforcement. The director may exempt a participant of a sanction…

Section 22. 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 partic…

Section 22A. A state resident or non-resident who owns a vintage snow vehicle may register the snow vehicle pursuant to section 22 as a vintage snow vehicle upon making proper application and paying the registration fee to the director. A snow vehicle shall, at the time of regist…

Section 23. Within two days after transfer of ownership of a snow vehicle or a recreation vehicle, written notice shall be forwarded to the director by the previous owner along with his registration certificate, the back of which shall be signed by the new owner giving his addres…

Section 24. Each snow vehicle and each recreation vehicle shall be equipped with one or more headlights, a red rear light, a red rear reflector, and adequate muffler, and such safety equipment as may be required by the director. Each such vehicle shall be capable of decelerating …

Section 25. Except as hereinafter provided, no person shall operate a snow vehicle or a recreation vehicle upon any state, county, city or town way in the commonwealth, nor on the plowed snowbanks of such ways, nor upon any other public way, nor upon the right-of-way limits of a …

Section 26. (a)(1) No person under 14 years of age shall operate an all terrain vehicle or recreation utility vehicle. This section shall not apply to a person operating a recreation vehicle or snow vehicle in preparation for, or while a participant in, a sanctioned race, rally o…

Section 26A. (a) Whoever being 21 years of age or older operates a snow vehicle or recreation vehicle: (1) with a percentage, by weight, of alcohol in his blood of.08 or greater, as determined by a chemical test or analysis of his blood or as indicated by a chemical test or analy…

Section 26B. (a) Whoever operates a snow vehicle or recreation vehicle recklessly or operates a snow vehicle or a recreation vehicle negligently so that the lives or safety of the public might be endangered shall be punished by a fine of not less than $250 nor more than $1,000. (…

Section 26C. (a) Upon a conviction or adjudication by reason of a violation of subsections (c) to (e), inclusive, of section 26B or upon a second or subsequent conviction or adjudication of delinquency for violation of section 26, or any combination thereof, a snow vehicle or rec…

Section 26D. A summons may be issued instead of a warrant for arrest upon a complaint for a violation of section 26A or 26B if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. Nothing in this…

Section 26E. (a) Any person age 18 or older with custody or control of a snow vehicle or recreation vehicle, who knowingly permits another, who is under the age of 18, to operate such vehicle shall be held liable, jointly and severally with the operator, for any damage or injurie…

Section 27. The operator or owner of a snow vehicle or a recreation vehicle involved in a collision, accident or other such casualty resulting in death or injury to a person or damage to property in excess of fifty dollars shall notify a law enforcement officer immediately and fi…

Section 28. The director may suspend or revoke the registration of a snow vehicle or a recreation vehicle, after a hearing, for good cause which shall include, but not be limited to:— (1) nonownership by the applicant; (2) the failure of said vehicle to meet equipment standards a…

Section 28A. Notwithstanding section 28, upon conviction of, or adjudication of delinquency by reason of a violation of subsections (c) to (e), inclusive, of section 26B the registrar shall immediately suspend the operator's license or right to operate a motor vehicle and the dir…

Section 28B. Notwithstanding section 28, upon conviction of, or adjudication of delinquency by reason of a violation of section 26A, the registrar shall immediately suspend the operator's license or right to operate a motor vehicle and the director shall revoke the registration o…

Section 29. The director shall, after a public hearing make, alter, amend or rescind rules and regulations governing the use and operation of snow vehicles and recreation vehicles.

Section 3. (a) Subject to the exceptions listed in section two, the owner of any motorboat principally used in the commonwealth shall file an application for number with the director on a form approved by him. The application shall be signed by the owner of the motorboat, and sha…

Section 30. A recreational vehicle owned by a resident in another state may be deemed to be registered in the commonwealth if it is registered in accordance with the laws of the state in which the owner of such vehicle resides, but only to the extent that a similar registration e…

Section 31. Snow vehicles and recreation vehicles shall be considered as personal property for purposes of assessment by municipalities.

Section 32. Sections 21 to 34, inclusive, and the rules and regulations promulgated thereunder shall be enforced by law enforcement officers; provided, however, that any investigation, arrest or decision to seek application for complaint relative to a violation of subsections (c)…

Section 33. Nothing contained in sections twenty-one to thirty-two, inclusive, shall be construed to supersede the powers of any department of the commonwealth, nor of any city, town, commission or body having authority to regulate the use of lands, waters or ways within their re…

Section 34. Whoever violates any provision of sections 21 to 24, inclusive, or any rule or regulation made thereunder, shall be punished by a fine of not less than $250 nor more than $500. Whoever violates subsections (e) to (h), inclusive, of section 26 shall be punished by a fi…

Section 35. Notwithstanding the provisions relative to the distribution of fines, penalties and forfeitures in section 10G of chapter 21A to the contrary, of the fines collected by the commonwealth pursuant to a violation of the fourth paragraph of section 10H of chapter 21A and …

Section 36. (a) For purposes of this section the following terms shall have the following meanings: ''Titled motorboat'', any vessel of fourteen feet or greater in length propelled or designed to be propelled by machinery, whether or not such machinery is permanently or temporari…

Section 37. Upon conviction of any violation of the provisions of this chapter, the defendant shall be provided a statement in writing, in easy to understand language, of the statutory provisions that apply to any subsequent violations of like offenses.

Section 38. Any person who, while operating or in charge of a vessel shall refuse, when requested by any officer empowered to enforce this chapter, to give his name and address or the name and address of the owner of such vessel or who shall give a false name or address, or who s…

Section 39. (a) There shall be a 10 per cent administrative surcharge on all registration, title and permit fees collected by the division of law enforcement under this chapter. The surcharge shall be deposited into the Massachusetts Environmental Police Trust Fund established by…

Section 4. If a certificate of number is lost, destroyed, or so mutilated as to be illegible, the owner shall, within fifteen days, notify the division in writing, describing the circumstances of the loss or destruction and certifying to its loss, together with a complete applica…

Section 4A. Whoever falsely makes, alters, forges, or counterfeits, or procures or assists another to falsely make, alter, forge or counterfeit, a certificate of number of a motorboat, or whoever forges, or without authority uses the signature, facsimile of the signature, or vali…

Section 4B. Whoever removes, defaces, alters, changes, destroys, obliterates or mutilates, or causes to be removed or destroyed or in any way defaced, altered, changed, obliterated or mutilated, the identifying number or numbers of the manufacturer of a motorboat or the identific…

Section 5. (a) Motorboats subject to the provisions of this chapter shall be divided into four classes as follows:— Class A. Less than sixteen feet in length. Class 1. Sixteen feet or over and less than twenty-six feet in length. Class 2. Twenty-six feet or over and less than for…

Section 5A. Every vessel not subject to section 5, including, but not limited to, unpowered vessels such as canoes, kayaks and stand–up–paddleboards, shall carry at least 1 United States Coast Guard approved wearable personal flotation device of appropriate size and type for each…

Section 5B. Each pump or other dispensing device used to provide motor fuel for motorboats shall be equipped with an automatic shut-off nozzle which shall not be capable of being locked into an open position. Any violation of this section shall be punished by a fine of not more t…

Section 5C. Any person that discharges sewage, whether treated or not, from a marine sanitation device into any waters of the commonwealth designated by the secretary of environmental affairs as a no discharge area pursuant to 33 U.S.C. 1322 shall be punished by a fine not to exc…