Amendment #20 to H.4324

Mass DOT reform - RMV CDL Corrections

Mr. Straus of Mattapoisett move that the bill be amended Chapter 89 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 4C the following section:-

Section 4D. Notwithstanding the provisions of section 4A of this chapter, when any way has been divided into lanes, the driver of a commercial motor vehicle as defined in section 1 of chapter 90F, shall so drive that the vehicle shall be entirely within a single lane and he shall not move from the lane in which he is driving until he has first ascertained if such movement can be made with safety. A violation of this section shall be deemed an ‘improper or erratic lane change’ as included within the definition of “serious traffic violation” in section 1 of chapter 90F.

Chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 2I the following section:-

SECTION 2J. The registrar may refuse to register, and may suspend or revoke if already registered, a commercial motor vehicle if he has received notice, in any form which the registrar deems appropriate, including electronic transmissions, that the commercial motor carrier attempting to register a commercial motor vehicle has been prohibited from operating in interstate commerce by a Federal agency with authority to do so under Federal law.

Section 7D of said chapter 90, as so appearing, is hereby amended by striking out, in line 2, the following “(13), and (16)” and inserting in place thereof the following figures:- (13), (16), and (17).

Said chapter 90, as so appearing, is hereby further amended by striking out section 15 and inserting in place thereof the following section:-

SECTION 15. (a) Except as hereinafter otherwise provided, every person operating a motor vehicle, upon approaching a railroad crossing at grade, shall reduce the speed of the vehicle to a reasonable and proper rate before proceeding over the crossing, and shall proceed over the crossing at a rate of speed and with such care as is reasonable and proper under the circumstances. Every person operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo, or part of a cargo, upon approaching a railroad crossing at grade, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad, and shall not proceed to cross until it is safe to do so. The operator of a school bus, in addition to bringing his vehicle to a full stop, as aforesaid, shall open the service door, ascertain if he may cross safely and thereupon close said door before proceeding. Every person operating any motor vehicle, upon approaching at grade a railroad crossing protected by red lights which flash as a warning, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until said lights stop flashing. Every person operating any motor vehicle, upon approaching at grade a railroad crossing protected by a lowered automatic gate, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until said automatic gate is raised. Every person operating any motor vehicle, upon approaching at grade a railroad crossing protected by a railroad employee waving a red flag or white lantern, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until said railroad employee signals that it is safe to do so. A railroad train approaching within approximately one thousand five 663 hundred feet of a highway crossing shall emit a warning signal audible from such distance. (b) In addition to the above, an operator of a commercial motor vehicle who has a commercial driver license or who is required to have a commercial driver license, including the operator of a school bus, who fails to take the appropriate action as provided in subparts (1) through (6) of this subsection when approaching a railroad grade crossing shall be subject to the penalties contained in this section and the periods of disqualification contained in Section 9(I) of chapter 90F. The violations are:

(1) the operator is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train;

(2) the operator is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear;

(3) the operator is always required to stop, but fails to stop before driving onto the crossing;

(4) the operator fails to have sufficient space to drive completely through the crossing without stopping;

(5) the operator fails to obey a traffic control device or the directions of an enforcement official at the crossing; or

(6) the operator fails to negotiate a crossing because of insufficient undercarriage clearance.

Whoever violates any provisions of this section and is operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, shall be punished by a fine of not less than $500 or by being required to perform a total of 100 hours of community service which may include service in the operation lifesaver program. All other persons violating the provisions of this section not operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, shall be punished by a fine of not less than $100 nor more than $200 or by being required to perform a total of 50 hours of community service which may include service in the operation lifesaver program.

Said chapter 90, as so appearing, is hereby further amended by inserting after section 22 the following section:-

SECTION 22½. The registrar may, after due hearing, suspend or revoke the certificate of registration of any commercial motor vehicle issued under this chapter if the registrar receives notice in any form which the registrar deems appropriate, including electronic transmissions, that the commercial motor carrier responsible for its safety has been prohibited from operating in interstate commerce by a Federal agency with authority to do so under Federal law. Notice to the registrant shall be as provided in subsection (d) of section 22 of chapter 90.

Section 1 of chapter 90F of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the definition of “Commerce” the following definition:-

“Commercial Driver’s License” (CDL), means a license issued in accordance with the standards contained in Federal regulations at 49 C.F.R. Part 383 to an individual which authorizes the individual to operate a class of a commercial motor vehicle.

Said section 1 of said chapter 90F, as so appearing, is hereby further amended by inserting, in line 18, after the words “’Commercial motor vehicle’,” the following:- (CMV).

Said section 1 of said chapter 90F, as so appearing, is hereby further amended by inserting after the word “probated”, in line 39, the following:- ; dispositions under section 24D of chapter 90; dispositions under section 24E of chapter 90; an admission to sufficient facts; a continuance without a finding; assignment to an alcohol or controlled substance education, treatment or rehabilitation program; refusing to submit to a chemical test or analysis of one’s breath or blood; an alcohol concentration in one’s breath or blood of 0.04 or more.

Section 4 of said chapter 90F, as so appearing, is hereby amended by striking out, in line 16, the figure “$11,000” and inserting in place thereof the following figure:- $25,000.

Section 6 of said chapter 90F, as so appearing, is hereby amended by striking out the third paragraph.

Said section 6 of said chapter 90F, as so appearing, is hereby further amended by inserting after the last paragraph the following paragraph:-

In addition to the above, no person shall be issued a special license or permit, or a provisional, temporary or hardship license or permit to drive a commercial motor vehicle during a period in which the person is disqualified from operating a commercial motor vehicle or after the person’s noncommercial driving privilege has been revoked, suspended or cancelled, or when any type of driver’s license held by such person is suspended, revoked or cancelled by the State in which the driver is licensed for any State or local law related to motor vehicle traffic control (other than parking violations). A person shall not be issued a commercial driver license or learner’s permit to operate a commercial motor vehicle on a limited basis on the grounds of hardship.

Section 7 of said chapter 90F, as so appearing, is hereby amended by striking out, in lines 6-7, the words “weight, and eye and hair color” and inserting in place thereof the follow words:- and weight.

Said section 7 of said chapter 90F, as so appearing, is hereby further amended by striking out subsections (6), (7), (8) and (9) and inserting in place thereof the following subsections:-

(6) certifications, including those required by 49 C.F.R. 383.71(a);

(7) consent of the applicant to release driving record information; and

(8) any other information required by the registrar.