Bill H.3062

HOUSE DOCKET, NO. 3430 FILED ON: 1/18/2013

HOUSE . . . . . . . . . . . . . . . No. 3062

By Mr. Garballey of Arlington (by request), a petition (accompanied by bill, House, No. 3062) of Mark Kaepplein relative to the rules of the road, so-called, for motor vehicle operators, motorcyclists and bicyclists. Transportation.

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act regarding rules of the road.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Resolved, that, notwithstanding any general law, or special law to the contrary, the following amendments shall be made to Massachusetts General Law:

Section 11B Bicycles; operation and equipment; regulations; federal product safety standards, effect; races; violations; penalties

1.Add to the last sentence of the first paragraph: “and shall not exceed the running speed of a pedestrian.”

2.In part 11, fourth paragraph, “twenty dollars” is replaced with “eighty dollars”.

Section 11ETraffic law violations by bicyclist

1.In the second sentence, “$20” is replaced by “$50” and “$50” is replaced by “$500”. (Ch. 159, Sec. 101).

2.In the second sentence, “but no person shall be arrested without a warrant for any other traffic law violation committed while operating a bicycle” is stricken.

3.In the third sentence, “the violation shall not affect the status of the bicyclist’s license to operate a motor vehicle nor shall it” is replaced by “it shall not”.

4.In the third paragraph, “All” is replaced by “Five percent of”.

5.A fourth paragraph is added as follows:

“Nonpayment of fines for bicycle violations are subject to suspension or non-renewal of a driving license as set forth for motor vehicle infractions. If the records of the registrar indicate that the violator has no current information on file and the violator is under 17 years of age, the record shall be retained until such time as the violator is eligible for a license to operate a motor vehicle under chapter 90. The violator shall pay the fine before being issued said license. If the records of the registrar indicate that the violator has no current information on file and the violator is 17 years of age or older and the violator fails to pay the fine or request a hearing, a surcharge of $100 shall be assessed to each violation.” [See Ch. 151, Sec. 101, part (e)]

Section 17Penalty for violation of Sec. 15 or 16

1.In the first sentence, “five” is replaced by “fifty”.

MGL Chapter 89

Section 4ADriving vehicles in a single lane; motorcycles, riding and passing

1.In the second sentence, three instances of “motorcycle” are replaced with “two and three wheeled vehicle”.

2.In the second sentence, the word “motor” is stricken.

Section 11Marked crosswalks; yielding right of way to pedestrians; penalty

1.All instances of the word “motor” are stricken.

CHAPTER 90MOTOR VEHICLES AND AIRCRAFT

Section 8MUse of mobile telephone, hands-free mobile telephone or mobile electronic device by person under 18 years of age while operating motor vehicle prohibited; penalties;affirmative defenses

1.Instances of “motor” are stricken.

Section 13BComposing, sending or reading of electronic messages while operating a motor vehicle prohibited; penalties

1.Instances of “motor” are stricken.

Section 14Precautions for safety of other travelers

1.Instances of “motor” are stricken.

2.Instances of “metropolitan district commission” are replaced by “department of conservation and recreation”.

Section 14BUniform stopping and turning signals on ways

1.Instances of “motor” are stricken.

Section 15Precautions at railroad crossings

1.Instances of “motor” are stricken.

Section 17Speed limits

1.Instances of “motor” are stricken.

Section 21Arrest without warrant

1.In the second paragraph, the last two instances of “motor” are stricken, with the word “vehicle” following the second instance, replaced by “vehicular”.

2.In the fourth paragraph, the first instance of “motor” is stricken.

Section 22ASuspension of operator’s license or registration certificates, unsatisfied judgment; reinstatement of license

1.The instance of the word “motor” is stricken.

Section 22CAbandoned motor vehicles; removal and disposal

1.“Motor” is stricken from the section title.

2.Instances of “motor” are stricken.

Section 22EAbandoned vehicles; removal of parts; penalty

1.The instance of the word “motor” is stricken.

Section 24FCivil liability to owner for unauthorized use of motor vehicle

1.“Motor” is stricken from the section title.

2.Instances of “motor” are stricken.

Section 24GHomicide by motor vehicle; punishment

1.“Motor” is stricken from the section title.

2.Instances of “motor” are stricken.

Section 24LSerious bodily injury by motor vehicle while under influence of intoxicating substance; penalties

1.“Motor” is stricken from the section title.

2.Instances of “motor” are stricken.

Section 27Court records; motor vehicle violations

1.The section title shall have “and bicycle” inserted after “vehicle”.

2.In the first paragraph, “and bicycle” shall be inserted after instances of “motor vehicle”.

3.In the second paragraph, “and bicycles” is inserted after “motor vehicles”.

Section 30Records of registrar; certified copies; destruction

1.“motor” is stricken from the third sentence.

Section 30BInterstate compact; motor vehicle convictions

1.“motor” is stricken from part (I)(c), (III)(1)

Section 31Use and operation of motor vehicles or trailers; conduct of operators and chauffeurs; rules and regulations

1.“Motor” is stricken from the section title.

2.Instances of “motor” are stricken.

CHAPTER 90CPROCEDURE FOR MOTOR VEHICLE OFFENSES

1.“Motor” is stricken from the title of Chapter 90C.

Section 1Definitions

1.Under “Automobile law violation”, the second sentence shall have “bicycle,” inserted before “motorized bicycle” and “all” shall replace “both”. This gives bicyclists due process under subsequent sections.

Section 7Reciprocal and mutual agreements with other states

1.Instances of “motor” are stricken.

Name:	District/Address:	Date Added:
Mark Kaepplein	11 Palmer St Arlington, MA 02474