Massachusetts General Laws
Chapter 90b - Motorboats, Other Vessels and Recreational Vehicles
Section 26c - Forfeiture of Snow or Recreation Vehicle Due to Violation of Sec. 26b or Subsequent Violation of Sec. 26; Petition; Hearing; Dispensation of Proceeds From Sale of Vehicle Upon Forfeiture

Section 26C. (a) Upon a conviction or adjudication by reason of a violation of subsections (c) to (e), inclusive, of section 26B or upon a second or subsequent conviction or adjudication of delinquency for violation of section 26, or any combination thereof, a snow vehicle or recreation vehicle used in the commission of such violation or violations shall be subject to forfeiture.
(b) A district attorney or the attorney general may petition the superior or district court in the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of such snow vehicle or recreation vehicle. The petition shall be filed in the court having jurisdiction over the criminal proceeding brought under this section. The proceeding shall be deemed a civil suit in equity. In all such actions in which the snow vehicle or recreation vehicle is jointly owned before the date of the violation committed by the defendant by either a parent, spouse, child, grandparent, brother, sister or parent of the spouse living in the defendant's household, the commonwealth shall have the burden of proving to the court the existence of probable cause to institute the action.
(c) The court shall order the commonwealth to give notice by certified or registered mail to the owners of the snow vehicle or recreation vehicle and to such other persons or entities who appear to have an interest therein, and the court shall promptly, but not less than 2 weeks after notice, hold a hearing on the petition. Upon the motion of an owner of the snow vehicle or recreation vehicle, the court may continue the hearing on the petition pending the outcome of a criminal trial related to the violation. During the pendency of the proceedings, the court may issue at the request of the commonwealth ex-parte any preliminary order or process as is necessary to seize or secure the property for which forfeiture is sought and to provide for its custody. Process for seizure of the property shall issue only upon a showing of probable cause, and the application therefor and the issuance, execution and return thereof shall be subject to chapter 276, as applicable.
(d) At a hearing under this section, the court shall hear evidence and make findings of fact and conclusions of law and shall issue a final order from which the parties shall have such right of appeal as from a decree in equity. No forfeiture under this section shall extinguish a perfected security interest held by a creditor in the property at the time of the filing of the forfeiture action. In all actions where a final order results in forfeiture, the final order shall provide for disposition of the property by the commonwealth or any subdivision thereof in any manner not prohibited by law, including official use by an authorized law enforcement or other agency, or at sale at public auction or by competitive bidding, with the sale being conducted by the office of the district attorney or the attorney general that obtained the final order of forfeiture.
(e) The final order of the court shall provide that the proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice, and 75 per cent of the balance of any proceeds shall be deposited into the Off–Highway Vehicle Program Fund, established in section 35OO of chapter 10 and the remaining 25 per cent shall be distributed equally by the court among the division, departments or offices involved in the seizure or to the division, department or office if a single law enforcement agency was involved.
(f) Any moneys and proceeds received by a division, department or office pursuant to this section may be expended without further appropriation to defray the costs of investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants or to accomplish such other law enforcement, environmental or public recreational purposes as the head of such division, department or office deems appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of such division, department or office.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XIV - Public Ways and Works

Chapter 90b - Motorboats, Other Vessels and Recreational Vehicles

Section 1 - Definitions

Section 2 - Numbering; Exceptions

Section 3 - Application for Certificate of Number; Display

Section 4 - Lost, Destroyed or Mutilated Certificates of Number; Replacement

Section 4a - Altering, Forging or Counterfeiting Certificates of Number of Motorboat; Penalty

Section 4b - Removal, Defacing, Etc. of Identification Number of Motorboat, Motor or Engine; Penalties

Section 5 - Classes of Motorboats; Required Lighting, Signaling and Fire Extinguishing and Control Devices

Section 5a - Personal Floatation Devices

Section 5b - Automatic Shut–off Nozzle for Motorboat Fuel Dispensing Devices; Fine

Section 5c - Discharge of Sewage Into Waters Designated as a No Discharge Area; Fine

Section 5d - Violations of Sec. 37b of Chapter 21; Penalties

Section 6 - Exhaust; Use of Cutouts

Section 7 - Compliance With Sec. 5; Pre-Requisite to Departure From Boat Livery

Section 8 - Operation While Under Influence of Intoxicating Liquor or Narcotics, etc.; Breath or Blood Testing; Water Skiing; Professional Exhibitions

Section 8a - Operation of a Vessel While Under the Influence of Controlled Substances Causing Serious Bodily Injury; Penalties; Parole, Probation or Furlough; License Revocation

Section 8b - Operation of a Vessel Under the Influence of a Controlled Substance Causing Death; Penalties; Probation, Parole or Furlough; License Revocation

Section 9 - Accidents; Duty of Operator; Reports

Section 9a - Jet Ski, Surf Jet or Wetbike Operation

Section 9b - Educational Safety Program; Jet Skis, Surf Jets and Wetbikes

Section 10 - Requests for Information or Records From Federal Agencies

Section 11 - Powers and Duties of Director

Section 12 - Enforcement of Chapter

Section 12a - Operation Without Personal Flotation Devices or in Overloaded or Unsafe Condition

Section 13 - Arrest Without Warrant; Entry Upon Private Lands

Section 13a - Scuba Divers; Display of Diver's Flag Required

Section 14 - Penalties; Proceedings

Section 15 - Scope of Chapter; Local Regulations; Approval of Ordinances and By-Laws

Section 17 - Enforcing Officers; Reports to Director

Section 18 - Laws Applicable

Section 19 - Severability

Section 20 - Definitions Applicable to Secs. 21 to 35

Section 21 - Recreation Vehicle Safety and Responsibility Course

Section 22 - Registration; Application; Period; Certificate; Name and Address; Transferability; Fees

Section 22a - Vintage Snow Vehicle; Registration; Operation Restrictions

Section 23 - Transfer of Ownership

Section 24 - Lights; Reflectors; Excessive Noise; Noxious Fumes

Section 25 - Operation on Public Ways; Emergencies; Regulations

Section 26 - Prohibited or Limited Operation by Underage Persons; Restrictions

Section 26a - Operation of Snow or Recreation Vehicle While Under Influence of Alcohol or Other Intoxicants; Punishment

Section 26b - Negligent or Reckless Operation of Snow or Recreation Vehicle; Leaving the Scene of an Accident; Negligent or Reckless Operation of Snow or Recreation Vehicle Resulting in Serious Bodily Injury or Death; Punishment

Section 26c - Forfeiture of Snow or Recreation Vehicle Due to Violation of Sec. 26b or Subsequent Violation of Sec. 26; Petition; Hearing; Dispensation of Proceeds From Sale of Vehicle Upon Forfeiture

Section 26d - Summons for Violation of Secs. 26a or 26b

Section 26e - Permitting Underage Operation of Snow or Recreation Vehicle; Joint and Several Liability for Resulting Damages

Section 27 - Accident Reports

Section 28 - Suspension or Revocation of Registration; Hearing

Section 28a - Suspension of License and Revocation of Registration of Snow or Recreation Vehicle Due to Violation of Sec. 26b; Underage Violations

Section 28b - Suspension of License and Revocation of Registration of Snow or Recreation Vehicle Due to Violation of Sec. 26a; Underage Violations

Section 29 - Rules and Regulations

Section 30 - Nonresident Recreational Vehicles

Section 31 - Municipal Assessments

Section 32 - Regulations; Enforcement; Reports of Violations

Section 33 - Local or Departmental Regulation; Trespassing

Section 34 - Violations; Punishment

Section 35 - Disposition of Fines

Section 36 - Titled Motorboats; Certificates of Title

Section 37 - Statement to Be Provided to Defendant

Section 38 - Failure to Disclose Name and Address, to Stop When Signaled, or to Produce Certificate of Number

Section 39 - Surcharge on Registration, Title and Permit Fees; Surcharge on Fines for Violations of Chapter 90b