The Wareham Police Department is stepping up its enforcement of laws pertaining to ATVs and dirt bikes. Our goal is to emphasize safety and respect for other people's property.

Currently there are NO areas in the Town of Wareham where these vehicles can operate legally with two exceptions:

• They can be operated legally on your own private property;
• They can be operated on someone else's private property with written permission from the owner. The written document must be in the rider's possession and must be dated, signed, and notarized by the property owner.

It should be noted that the Wareham Police are not aware of any owners of privately owned tracts of land in Wareham (including cranberry bogs) that have given permission to ATV or dirt bike riders to use their property. It is unlikely that they would allow riders on their property due to liability if someone were to get hurt or, in the case of cranberry bogs, because of the damage that the vehicles could cause to their crop.

Motorized scooters and small "pocket bikes" are regulated by Section 11 of the Town By-laws. They are not to be confused with motorcycles or motorized bicycles (mopeds) which are regulated by Chapter 90 of the Massachusetts General laws.

Just in the past five weeks alone, the Wareham Police have received over 25 dirt bike and/or ATV complaints from private citizens. For the entire year 2009, there were 107 complaints. The complaints range from dirt bikes racing up and down neighborhood streets, causing property damage, operating recklessly, loud and objectionable noise, and fleeing from police.

In one area of town, police discovered a privately owned wooded area where illegal riders had bulldozed trees and vegetation with landscaping machinery and constructed an elaborate series of trails and jumps.

The following is a brief description of the laws pertaining to these vehicles:

Motorized Scooters / Pocket Bikes (town by-law)

• Operators must be 16 years of age or older
• Operators must have a valid driver's license or a learner's permit
• Vehicles cannot exceed 25 miles per hour
• Cannot be operated on any sidewalk, public property, off-street bike paths, school property, playgrounds, parks or beaches. The owner or person in control of the motorized scooter cannot allow another person to violate this section.
• Operators must wear a D.O.T. approved helmet
• No passengers are allowed
• Vehicles cannot operate on any public way or where the public has right of access between one half-hour after sunset and one half-hour before sunrise
• Can be fined $100 for each offense

ATV'S AND DIRT BIKES

• Cannot be operated on any public way or any way that the public has access as invitees or licensees unless properly registered and insured in accordance with Chapter 90 motor vehicle laws.
• Cannot be operated on any private property without written permission from the owner. This includes property owned by utility companies such as power line access roads. Operator can be charged with trespassing with a motor vehicle which carries a $250 fine, and the vehicle can be towed and impounded at the owner's expense. Vehicle won't be released until the court case is decided.
• Cannot be operated on any Town owned property.

It should be noted that any time an ATV or dirt bike is operated on a public way, all Massachusetts laws pertaining to motor vehicles apply, i.e. must be a licensed operator, vehicle must be registered, insured, have turn signals, obey speed limits, stop signs, etc.

It should also be emphasized that operators of these vehicles who operate illegally in protected wooded areas are subject to state environmental laws.

The Wareham police are reaching out to the parents who purchase these vehicles for their children to be aware of the laws and to teach them to have respect for other people's property. Unfortunately, the only legal areas to ride these vehicles are located in the western part of Massachusetts.

We urge you to visit the many Mass State web sites such as:

http://www.mass.gov/dfwele/dle/atvsafety.htm that address the rules, regulations and riding areas for ATV's and dirt bikes.