SENATE DOCKET, NO. 273        FILED ON: 1/14/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1807

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

William N. Brownsberger

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to protect vulnerable road users.

_______________

PETITION OF:

 

Name:

District/Address:

William N. Brownsberger

Second Suffolk and Middlesex

Kenneth J. Donnelly

Fourth Middlesex

Jason M. Lewis

Fifth Middlesex

Jay D. Livingstone

8th Suffolk

Timothy R. Madden

Barnstable, Dukes and Nantucket

Carolyn C. Dykema

8th Middlesex

Sean Garballey

23rd Middlesex

Michael J. Barrett

Third Middlesex

Sonia Chang-Diaz

Second Suffolk

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

Brian A. Joyce

Norfolk, Bristol and Plymouth

Joan B.  Lovely

Second Essex

Sal N. DiDomenico

Middlesex and Suffolk


SENATE DOCKET, NO. 273        FILED ON: 1/14/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1807

By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1807) of William N. Brownsberger, Kenneth J. Donnelly, Jason M. Lewis, Jay D. Livingstone and other members of the General Court for legislation to protect vulnerable road users.  Transportation.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act to protect vulnerable road users.

 

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: Section 1 of Chapter 90 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “Transporter” the following sentence:-

“Vulnerable user” means (a) a pedestrian, including those persons actually engaged in work upon a way, or in work upon utility facilities along a way, or engaged in the provision of emergency services within the way; or (b) a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates, non-motorized scooter, wheelchair, electric personal assistive mobility device, horse-drawn carriage, motorized bicycle, motorized scooter, farm tractor or similar vehicle designed primarily for farm use, or motorcycle; or (c) a person riding an animal.

SECTION 2: Said section 14 of Chapter 90 of the General Laws, as so appearing, is hereby amended by striking, in line 9, the sentence beginning with the words :- “In approaching…” and inserting in place thereof the following sentence:-

In approaching or passing a vulnerable user (as defined in Section 1 of Chapter 90 of the General Laws), the operator of a motor vehicle shall slow down and pass at a safe distance and at a reasonable and proper speed, where a safe distance is defined as at least three feet when the motor vehicle is traveling at thirty miles per hour or less, and one additional foot of clearance is required for every ten miles per hour above thirty miles per hour.

SECTION 3: Section 2 of Chapter 89 of the General Laws, as so appearing, is hereby amended by striking, in line 6, the sentence beginning with the words:-  “If it is not possible ….” and inserting in place thereof the following sentence:-

“If it is not possible to overtake a vulnerable user (as defined in Section 1 of Chapter 90 of the General Laws) or other vehicle at a safe distance (as defined in Section 14 of Chapter 90 of the General Laws) in the same lane, the overtaking vehicle shall use all or part of an adjacent lane, crossing the centerline if necessary, if it is safe to do so or wait for a safe opportunity to overtake.”