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Unread 07-10-2012, 08:53 PM   #31
Technohead
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Think about it this way. If they do start ticketing people then maybe we will wake up and start fighting for a fair share of our land.

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Unread 07-11-2012, 10:28 AM   #32
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Originally Posted by Technohead View Post
Strictly speaking you are supposed to have sticker since it is not a public way.
I thought it was a public way? Access for the Mass Bell telephone/electric lines that ran through it?
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Unread 07-11-2012, 12:07 PM   #33
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Originally Posted by squashman702 View Post
I thought it was a public way? Access for the Mass Bell telephone/electric lines that ran through it?
Generally speaking, a public way is a highway or road that is designated by statute. I don't believe Ma Bell was ever designated a public way by statute.

Having said that, the definition of "way" in Chapter 90 also includes the language "way dedicated to public use" without any indication that statutory designation is required. In as much that the town has dedicated this area for public use there would seem to be some gray area. Call the town and/or the local DCR officer and see what they say. I have a pretty good idea what DCR is going to say.
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Unread 07-11-2012, 05:56 PM   #34
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The DCR deals with state forest lands so no need to call them you will only get the run around. LOl

mabell is mix bag, town land,private land and a 99 year lease of a old telephone line.plus there is a section that was part of a dirt road.
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Unread 07-12-2012, 12:20 PM   #35
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But the owner of the private land parallel to Ma Bell and at the top of the hill has never given permission to wheel on his property. Right?

The DCR may be reponsible for managing state forest but they are also responsible for enforcing OHV laws everywhere. Otherwise, why would the law be written such that they can issue citations for wheeling without an OHV sticker on private property?

I don't disagree that the likely result from calling DCR would be the run around. . .
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Unread 07-12-2012, 12:37 PM   #36
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I have the sticker

The Law is a mess and is in dispute. Jeep was simply added to ATV law. So silly **** like helmets are required, the money disappears into the MA general fund instead of a proper account for land management like a fishing license or boat registration. Which is another point we are the only user group required to have two registrations, a violation of MA law. It’s a mess and last I heard there is a do not enforce order in place until they fix the mess this law is.
I don’t know anyone who has been fined for this but I know of several occasions where local PD would stop to say “no you can’t” see the sticker and go “ok I guess you can”. There is misinformation and lack of understanding all over this law.
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Unread 07-14-2012, 11:05 AM   #37
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I would pay for a sticker if the money was going to help our user group.
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Unread 07-14-2012, 08:23 PM   #38
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Generally people don't mind paying for something. It's the paying for nothing that bugs folks. Although that is a dam sexy sticker for $20.
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Unread 07-15-2012, 10:30 AM   #39
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this state will not work with us. The DCR is made up of greenies.
They are unwilling to talk to us. They pass that BS law and don't even ask our input. I think we should come up with our own green sticker fund.
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Unread 07-15-2012, 08:31 PM   #40
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Originally Posted by BlueRubiconrich View Post
this state will not work with us. The DCR is made up of greenies.
They are unwilling to talk to us. They pass that BS law and don't even ask our input. I think we should come up with our own green sticker fund.
You just gave me the horrific idea of having custom OHV stickers made. Put a nice big number and a Massachusetts Jeep Members' text line on the bottom. "But officer, I paid $40 for this at the DMV!"

Might actually work if the LEOs are are clueless about this as they're made out to be.

Edit: Just for fun...

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Unread 07-21-2012, 06:50 PM   #41
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Problem free run today. 5 of our own rigs from NSJ, and 3 other Jeeps we ran into. I was monitoring the Northhampton Police dispatch channel just to get a heads up if any calls came in, but we really didn't have any issues. Turned around at the top following NEA rulings on what's legal. Had a great time.


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