The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act to prohibit the sale of recreational vehicles containing two stroke engines. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 90B of the General Laws is hereby amended by inserting after section 24 the following section:-
Section 24A. (a) After June 1, 2007, a person shall not sell, in Massachusetts, a recreational vehicle containing a two stroke engine, including, but not limited to, a snow craft, an all-terrain vehicle, a personal watercraft, or a motorboat.
(b) A person may resell a recreational vehicle containing a two stroke engine if the vehicle was manufactured prior to the enactment of this section, and the seller purchased the vehicle for use in a personal or employment capacity, and not for the purpose of reselling the vehicle.
(c) For purposes of this section the following words shall have the following meanings:
(1) “Motorboat”, a vehicle propelled or designed to be propelled by machinery, whether or not the machinery is permanently affixed or is the principle source of propulsion.
(2) “Recreational vehicle”, a motor vehicle designed or modified for use over unimproved terrain if used for recreation or pleasure off a public way, as defined by chapter 90, and all legally registered motor vehicles when used off a public way. A vehicle used for agriculture, forestry, lumbering or construction is excluded from this definition when used for that purpose; however in a complaint brought under this section, the defendant shall bear the burden of proving the excluded use.
(3) “Snow vehicle”, a motor vehicle designed to travel over ice or snow, driven by a track or tracks in contact with the ice or snow and steered by a ski or skis in contact with the ice or snow.
(4) “Personal watercraft”, a vessel propelled by a water jet pump or other machinery as its primary source of motor propulsion, designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in the conventional manner by a person sitting or standing inside the vessel. A personal watercraft includes, but is not limited to, a jet ski, wet bike, or surf jet, each as defined in section 1 of this chapter.