Is liability insurance required in MA to drive on private property?

[kehyler]

Hi all,

I have a question. Is liability insurance legally required in MA to drive on private property?

Here is what I have found so far, but I'm uncertain.

The pertinent MA statute appears to be:
https://malegislature.gov/laws/generall ... section34j

Which states: "Whoever operates or permits to be operated or permits to remain on a public or private way a motor vehicle which is subject to the provisions of section one A during such time as the motor vehicle liability policy or bond or deposit required by the provisions of this chapter has not been provided and maintained in accordance therewith shall be punished"

My non-lawyer regular citizen reading of that law would be no, but I'm a bit uncertain because I don't know what a "private way" is. That said, someone's private property with a pile of rocks seems unlikely to be a private way. So as long as you trailered the rig onto someone's private property, it would seem unlikely to violate chapter 90 section 34j.

Does anyone else know the answer more fully?

Thanks,

-kehyler

[beaker]

Chap 90, section 1 -

''Way'', any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.

[kehyler]

^ so that would read (to me) to not include someone’s private property. Would you concur?

[Hoodoo Man]

I believe the bylaws state you need to be registered and insured to be on club rides. If I was DOT or trail leader I would not allow someone on a trail ride especially on private property without proof of coverage.

In the unlikely event, YOU (the uninsured) hurt someone, the property owner would end up being sued personally by the attorney for the injured person in addition to yourself causing legal fees for the person kind enough to allow us access.

[kehyler]

I believe the bylaws state you need to be registered and insured to be on club rides. If I was DOT or trail leader I would not allow someone on a trail ride especially on private property without proof of coverage.

In the unlikely event, YOU (the uninsured) hurt someone, the property owner would end up being sued personally by the attorney for the injured person in addition to yourself causing legal fees for the person kind enough to allow us access.

Sure, but I would like to point that whether or not its prudent to have liability insurance is a separate issue. At the moment, I am interested in discussing its legality.

[Frank]

Well Im not a lawyer so I couldnt be sure. There are sites like legal zoom and maybe a million more that could better answer your question . What I can tell you is BSJ requires insurance to run your vehicle on any club run. FjR68

[Frank]

Im not a lawyer so I couldnt answer that and be correct . There are a million web sites like Legal Zoom or stuff like that that can help . What I do know is BSJ requires insurance to be on a club run period ! That I do know. FjR68

[kehyler]

Sure, no problem; I'm just trying to understand the laws myself by reading them. Surprisingly difficult.

[ImNotCassie]

I believe the bylaws state you need to be registered and insured to be on club rides. If I was DOT or trail leader I would not allow someone on a trail ride especially on private property without proof of coverage.

In the unlikely event, YOU (the uninsured) hurt someone, the property owner would end up being sued personally by the attorney for the injured person in addition to yourself causing legal fees for the person kind enough to allow us access.

If you were DOT you would not allow someone run without proof of coverage? hahaha Massachusetts does not even require a driver to carry proof so good luck with that. Have you asked Kurt or Dave for proof? I am 99% sure neither has insurance and they drive ONLY on private property.

[Hoodoo Man]

I believe the bylaws state you need to be registered and insured to be on club rides. If I was DOT or trail leader I would not allow someone on a trail ride especially on private property without proof of coverage.

In the unlikely event, YOU (the uninsured) hurt someone, the property owner would end up being sued personally by the attorney for the injured person in addition to yourself causing legal fees for the person kind enough to allow us access.

If you were DOT you would not allow someone run without proof of coverage? hahaha Massachusetts does not even require a driver to carry proof so good luck with that. Have you asked Kurt or Dave for proof? I am 99% sure neither has insurance and they drive ONLY on private property.

Well with the bylaw changes I would make sure I did my job. Also, Dave Coye is plated and I think Kurt may still be plated but not inspected. Perhaps less smugness and acting like a BOD member would be advisable rather than flaunting bias? My insurance company sends me a card to keep in my glove box. It may not be a MA state law to carry proof of insurance but its good policy to follow club policy... Liability would fall on the person in charge of the run and YOU would likely be named in a lawsuit if someone gets hurt or damages property. Facts matter.

[ImNotCassie]

Thanks for the advice Jeffery.

[BlackNBlue-ISH]

We’ve recently gone over the insurance issues. Please reference that thread.

BSJ per bylaw 2.1 requires members jeeps to be “ duly registered and insured 4WD”. Similarly, drivers need to be duly licensed.

[kehyler]

We’ve recently gone over the insurance issues. Please reference that thread.

BSJ per bylaw 2.1 requires members jeeps to be “ duly registered and insured 4WD”. Similarly, drivers need to be duly licensed.

I understand that BSJ has its own requirements. I'm trying to just understand the legal issue itself.