SECTION 1.  Section 1 of chapter 90 is hereby amended by inserting the following definition:-

“Waste or Recycling Collection Vehicle,” a garbage, waste, or recycling collection vehicle which provides curbside collection and is not fully automated.

SECTION 2.  Chapter 90 is hereby amended by inserting after section 17B the following section:-

Section 17C.  (a) No person shall operate a motor vehicle, nor shall any owner of a vehicle permit to be operated, in a manner where the owner or operator accelerates at a rate of speed in excess of fifteen miles per hour when passing on either side of a stopped or stationary waste or recycling collection vehicle on a public way. 

(b) This section shall only apply when (1) the waste or recycling collection vehicle is identifiable as a waste or recycling collection vehicle based on the vehicle configuration or makings on the vehicle; (2) the waste or recycling collection vehicle operator gives visual notice by means of a stationary sign or flashing lights notifying the owner or operator of an approaching vehicle of the presence of workers; and (3) the waste or recycling collection vehicle is not located on a private way, controlled access highway, interstate highway, turnpike or road or highway with a center line and more than two lanes. 

(c) Whoever violates this section shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $500. A subsequent violation, or one resulting in serious bodily injury of a waste or recycling collection worker, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years and by a fine of not more than $1,000 and the registrar shall suspend such violator's license for a period of not less than 180 days.