12. No off-highway vehicle may be operated within such distance as is fixed by municipal by-law or, if no distance is fixed, within 30 m from a dwelling, a facility operated by a healthcare institution or an area reserved for cultural, educational, recreational or sports activities, except
(1) with the express authorization of the owner or lessee of the dwelling or reserved area;
(2) on a public highway or a highway in the domain of the State, on the conditions set out in this Act;
(3) on a private road open to public vehicular traffic;
(4) on a trail laid out on an abandoned railroad right-of-way and indicated on a land use and development plan or a metropolitan land use and development plan; or
(5) in any other place determined by government regulation.
The distance of 30 m provided for in the first paragraph increases to 100 m for any new trail laid out after 31 December 2011. A trail whose course is changed slightly, following the loss of a right of way, for example, does not constitute a new trail.
A change in the course of a trail, as described in the second paragraph, must not bring off-highway vehicles closer than the distance before the change with regard to the places described in the first paragraph, unless the distance is at least 100 m.
1996, c. 60, s. 12; 2000, c. 56, s. 209; 2002, c. 68, s. 52; 2009, c. 18, s. 4; 2010, c. 10, s. 150; 2010, c. 33, s. 3.