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Appeals court weighs whether out‑of‑state registration shields off‑road vehicle from Massachusetts ban
Summary
The panel questioned whether a recreation vehicle registered in another state may be driven on Massachusetts public ways under Chapter 90’s reciprocity provisions and whether statutory or regulatory language excludes certain off‑road‑designed vehicles from reciprocity.
The Appeals Court considered Athol Police Department v. Hart (No. 24648), a challenge to a civil infraction for operating a recreation vehicle on a Massachusetts public way. Central to argument were statutory interpretation and the interplay of (1) Massachusetts motor‑vehicle reciprocity principles, (2) the statutory definitions for recreational vehicles, and (3) regulatory guidance in 540 CMR 2.05.
Counsel for the appellant, arguing for reversal, said the district court erred in applying state regulations against an out‑of‑state registration and that Chapter 90’s reciprocity provisions protect the vehicle’s registration. Appellant counsel emphasized lack of evidence the defendant had continuous possession in Massachusetts beyond the charged occasion and disputed that a business nexus or residential domicile in the Commonwealth had been established.
Town counsel John Barrett, representing the Athol Police Department, argued the vehicle at issue was specifically designed for off‑road use and therefore excluded from on‑road operation under Massachusetts law. He pointed to the statutory definitions for recreational vehicles in Chapter 90B and to 540 CMR 2.05, which the town said amplifies the statutory prohibition. Barrett also argued evidence in the record supported the inference that the vehicle was being used in connection with a local business and that officer testimony and documentary VIN decoding supported the enforcement action.
The justices questioned whether the statutory text should be read so that the qualifying phrase “while not being operated on a public way” modifies the vehicle’s design (a vehicle designed for off‑road use) or the vehicle’s use at a specific time; they also asked whether a state that permits on‑road operation of such a vehicle could allow it to pass through Massachusetts under reciprocity. Counsel acknowledged novel policy and sovereignty issues and differing consequences if Massachusetts were required to accept registrations for vehicle classes it declines to authorize for on‑road use. The case was submitted after argument.
