# ATV crash prompts police to patrol off-road



## DeputyFife (Jun 28, 2005)

Published: 02/07/2007
ATV crash prompts police to patrol off-road








In light of an accident involving a 9-year-old rider on Sunday, the Middleton Police Department's ATV will be coming out of storage to patrol a power and gas line right-of-way popular with ATV enthusiasts. 
*By Ethan Forman*
*Staff writer*

MIDDLETON - A fiery collision this week between a minivan and an all-terrain vehicle driven by a 9-year-old boy has prompted police to patrol a power and gas line right-of-way popular with off-road enthusiasts. 
And police will use the department's own blue Polaris Sportsman 600 Twin ATV, decked out with blue lights and originally purchased to patrol a major gas pipeline in town in the aftermath of Sept. 11.

The four-wheeler had sat mostly idle until Sunday's 3:30 p.m. wake-up call to the perennial problem of ATVs trespassing on private land. In addition to the dangers of improper use, the off-road trespassers have bugged neighbors for years, mostly in the spring and summer. 
"Since there hasn't been any snow, they are not out on their snowmobiles, they are out on ATVs," said Middleton's new police Chief James DiGianvittorio, who vowed, "We'll be out there." Seven of his officers have been trained to ride the department's ATV. 
The 9-year-old boy in Sunday's accident was mostly unhurt, said police, who refused again yesterday to name him or his family because he is younger than 17. 
Police said the boy had been riding down a hill by River Street, along the underground natural gas pipeline right-of-way toward West Peabody, when the accident happened. 
The boy was accompanied by the father of an 8-year-old boy, and all three were driving ATVs. The area is marked with signs warning against trespassing. The boy attempted to cross River Street after the adult and his son had already done so, police said. 
That's when the 9-year-old collided with a minivan. The boy was thrown from the ATV, which then exploded in a ball of flames. The Middleton driver of the minivan was not charged, but the father of the 8-year-old boy, Ronnie G. Ouellette, 47, of Middleton, faces charges including trespassing, allowing the unsafe operation of a recreation vehicle, allowing two kids under age 161/2 to cross a public road and operating an unregistered recreation vehicle. Ouellette refused to comment when reached yesterday.
According to the state Environmental Police, state law prohibits anyone under 14 from operating a recreation vehicle, while children 12 and 13 can ride with direct supervision of an adult. 
Children 10 and 11 can operate with an adult present on land at their home. Teens younger than 161/2 are not allowed to cross any public road.

State law bars anyone under 10 from riding ATVs.
'All hours of the night'
Riders aren't only running afoul of the law, they're incurring the wrath of residents. 
Neighbors who live in the vicinity of the right-of-way are simply fed up with the ATVs and dirt bikes.
"I've been trying to keep them out because my house is next to the power line," said Charlie Randazzo of 124 River St., who heard the "boom" of Sunday's crash.
He often sees dirt bikes and ATVs driving over the pipeline and power line path. 
"They are becoming a problem," Randazzo said. "Some of them like to run them without mufflers, and they do deteriorate the land pretty bad."
Yesterday, ATV tracks were clearly visible in the snow and on the ground on the right-of-way. The tracks ran alongside a wooden fence down a hill to an unmarked crossing adjacent to 127 River St., the property where the accident occurred.
The ATV drivers use a 20-foot gap between a wooden fence and a utility pole that was charred when the boy's ATV went up in flames.
The pole carries a sign that reads: "Warning: Gas pipeline nearby."
A spokeswoman for the Maritimes and Northeast Pipeline said the company will also look into the matter.
"We worked hand-in-hand with the town municipal officials to try and mitigate all these ATV issues," said Marylee Hanley, manager of government and public affairs for the pipeline company, who had not heard of Sunday's incident. 
"It's very concerning to us as well to have (the land) damaged by these ATVs," she said, saying the company spent a lot of money to restore the land after the pipeline went through. 
However, she said the fire from the burning ATV was no threat to the pipeline since it is buried 3 feet underground.
But the threat to neighbors' quality of life is another matter.
Doris Mitchell, who lives at 127 River St., said ATVs are using the edge of her land to gain access to the right-of-way. 
"It goes on until all hours of the night," Mitchell said. "It's quite a pain in the neck."

The ABCs of ATVs
All-terrain vehicles have four large tires and are used for off-roading, or traversing what state law defines as "unimproved terrain" for the purpose of recreation. A rider sits atop them, like riding a motorcycle or snowmobile.

And, like those other devices, they can be expensive toys. 
At Cycles! 128 on Brimbal Avenue in Beverly, a 2006 Y-12 youth model for children 12 and older retails for $2,599. 
The store sells new ATVs that range in price from $1,699 for a Kymco ATV for young riders to $9,099 for a Yamaha Grizzly 700 Fl 4x4 Auto Ducks Unlimited Edition, which comes complete with camouflage colors and a gun boot mount for hunting.
The vehicles also come with safety warnings. Large ATVs carry this warning: "Operating this ATV if you are under the age of 16 increases your chance of severe injury or death."


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## dh18 (Mar 4, 2003)

It's an increasing problem across the state but still the powers that be won't resolve the Ch 90 book issue with the Env. Police.


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