SENATE DOCKET, NO. 1545        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1905

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 reduce traffic fatalities.

_______________

PETITION OF:

SENATE DOCKET, NO. 1545        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1905

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

An Act to reduce traffic fatalities.

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. The department of elementary and secondary education shall develop and make available to public schools and public charter schools in the Commonwealth an educational curriculum for children in the first through fifth grades regarding the safe use of public streets and premises open to the public by pedestrians and bicyclists. At a minimum, the curriculum shall address: (1) the safe use of bicycles; (2) traffic laws, regulations and best practices, including but not limited to the use of the far hand reach when exiting a motor vehicle; (3) the use of bicycle lanes and trails; and (4) safe pedestrian practices.

SECTION 2. Section 1 of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following definitions: -

“Convex mirror”, door-mounted, wide-angle mirrors that enable the operator to see objects along the left and right sides of the truck. 

“Cross over mirrors”, fender- or hood-mounted mirrors that enable the operator to see objects in the area immediately in front of a conventional cab hood

“Lateral protective device”, an apparatus installed on large vehicles between the front and rear wheels to help prevent injuries to vulnerable road users, particularly from falling underneath the vehicle.

SECTION 3.  Section 7 of said chapter 90, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-

Except in the case of an ambulance, fire apparatus, low-speed vehicle, or agricultural tractor, the following vehicles purchased or leased by the Commonwealth after January 1, 2019 or such vehicles operated pursuant to a contract with the Commonwealth after January 1, 2022, shall be equipped with a lateral protective device, convex mirror, and crossover mirrors as defined by section 1 of chapter 90 of the General Laws: any Class 3 or above motor vehicle, trailer, semi-trailer or semi-trailer unit, with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds.  The registrar shall adopt standards, consistent with US Department of Transportation Volpe Side Guard Standard (DOT-VNTSC-OSTR-16-05) and specifications for the size, design, and mounting of lateral protective devices, convex mirrors, and crossover mirrors. The registrar may provide alternative means of compliance with the convex mirror and crossover mirror requirement, including use of cameras and sensors.

SECTION 4. No later than December 1, 2018, the department of transportation, in consultation with the regional planning agencies, advocates for non-motorized transportation, and other appropriate experts, shall issue specifications for one or more suites of signage suitable for placement on local and state road and off-road facilities to identify regional bicycle, pedestrian, greenway, and multi-use non-motorized routes and provide information and wayfinding help for both the route and nearby destinations, with the designs of the styles not limited to currently approved Manual on Uniform Traffic Control Devices sizes, colors, or other specifications.

SECTION 5. Chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 15XXXXX the following 2 sections:-

Section 15YYYYY. The governor shall annually issue a proclamation setting apart the second week of March as Massachusetts Sleep Awareness Week and the Sunday at the beginning of daylight saving time as Massachusetts Sleep Awareness Day and recommending that the week be properly observed as a period of special attention to the problems of sleep deprivation and fatigue including, but not limited to: impaired reaction time, judgment and vision; problems with information processing and short-term memory; decreased performance, vigilance and motivation; increased moodiness and aggressive behaviors; and, especially, the dangers of driving under the influence of sleep deprivation or fatigue. To this end, the agencies of the commonwealth and private organizations, especially those interested in education, transportation, public health and public safety, shall adopt policies and programs consistent with the goals of: (i) increasing public awareness about sleep, sleep disorders and the consequences of sleep deprivation; (ii) promoting science-based public policies that improve the sleep health of the nation; (iii) advancing basic, clinical, applied and population-based research; and (iv) promoting recognition of and access to care for all individuals with sleep disorders.

Section 15ZZZZZ. The governor shall annually issue a proclamation setting apart the second week of November as Massachusetts Drowsy Driving Prevention Week and recommending that the week be properly observed as a period of special attention to the need for public awareness and action relative to the problems of drowsy driving and driver fatigue. For the purposes of this section, “drowsy driving” or “driver fatigue” shall mean driving while being sleepy, tired, drowsy or exhausted.

SECTION 6.  Section 1 of said chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Hands-free mobile telephone” the following definition:-

                “Hands-free mode”, operation of a mobile electronic device that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently a part of the mobile electronic device, by which a user engages in a voice communication without the use of either hand; provided, however, that it may be necessary to press a single button to activate, deactivate or initiate the hands-free feature.

SECTION 7.  Section 7B of said chapter 90, as so appearing, is hereby amended by striking out, in line 172, the word “telephone” and inserting in place thereof the following words:- electronic device

SECTION 8. Said section 7B of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 177 and 178, the words "is necessary for the personal safety of a passenger or to otherwise ensure the safety of the passengers; and (d)" and inserting in place thereof the following words:- , fire department or other emergency service is necessary for the personal safety of a passenger or to otherwise ensure the safety of the passengers; (d) that police intervention, fire department or other emergency service is necessary for the personal safety of a pedestrian in or near the roadway; (e) that police intervention is necessary due to a motor vehicle being operated erratically so as to pose a threat to the safety of travelers on the roadway or to pedestrians; or (f).

SECTION 9.  Section 12A of said chapter 90, as so appearing, is hereby amended by striking out, in line 23, the word “not”.

SECTION 10. Section 13 of said chapter 90, as so appearing, is hereby amended by striking out, in line 6,  the word “telephone” and inserting in place thereof the following words:-  electronic device

SECTION 11. Said chapter 90 is hereby amended by striking out section 13B and inserting in place thereof the following section:-

Section 13B. (a) No operator of a motor vehicle shall use a mobile electronic device, unless the person is using the device in a hands-free mode, and shall not touch or hold in either hand the mobile electronic device while operating a motor vehicle except if it is necessary to press a single button to activate, deactivate or initiate a voice communication. No operator of a motor vehicle shall use a mobile electronic device or other device capable of accessing the internet to compose, send or read an electronic message, to access social media, to review or input any information on a mobile electronic device or to manually input information into a global positioning system or navigation device while operating a vehicle, except if it is necessary to press a single button to activate, deactivate or initiate a voice command to the global positioning system or navigation device. An operator of a motor vehicle who holds a mobile electronic device to or in the immediate proximity of the operator’s head while operating a motor vehicle shall be presumed to be in violation of this section.  For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in any part of a roadway intended for travel by a motor vehicle or bicycle.

(b) Whoever violates this section shall be punished by a fine of $100 for a first offense, by a fine of $250 for a second offense and by a fine of $500 for a third or subsequent offense; provided, however, that the fine for a second, third or subsequent offense of an operator who completes a program selected by the registrar of motor vehicles encouraging a change in driver behavior and attitude about distracted driving shall be reduced in an amount equal to the cost to the operator to enroll in that program. A third or subsequent violation of this section shall be considered a moving violation for purposes of the safe driver insurance plan under section 113B of chapter 175. In addition to the fine, an operator who commits a second, third or subsequent offense shall also be required to complete a program selected by the registrar of motor vehicles that encourages a change in driver behavior and attitude about distracted driving. This subsection shall not be construed as authorizing the seizure or forfeiture of a hand-held mobile telephone or a mobile electronic device.

(c) It shall be an affirmative defense for an operator to produce documentary or other evidence that the use of a mobile electronic device that is the basis of the alleged violation was made for emergency purposes. For the purpose of this section, “emergency purposes” shall mean that the operator used the mobile electronic device to communicate with another person to report: (i) that the motor vehicle was disabled; (ii) that medical attention or assistance was required; (iii) that police intervention, fire department or other emergency service was necessary for the personal safety of the operator or a passenger; (iv) that a disabled vehicle or an accident was present in the roadway; (v) that police intervention, fire department or other emergency service was necessary for the personal safety of a pedestrian in or near the roadway; or (vi) that police intervention was necessary due to a motor vehicle being operated erratically so as to pose a threat to the safety of travelers on the roadway or to pedestrians.

(d) This section shall not apply to public safety personnel or emergency first responders using a mobile electronic device in the course of their official duty.

SECTION 12.  Chapter 155 of the acts of 2010, is hereby amended by striking out section 14 and inserting in place thereof the following section:-

Section 14.  The registrar of motor vehicles, in cooperation with the highway safety division, shall develop and implement an annual public awareness campaign for both junior and adult operators which shall include, but not be limited to, the dangers and consequences of distracted driving, information on the restrictions of mobile telephone and mobile electronic device use while operating a motor vehicle under sections 8M, 12A, 13 and 13B of chapter 90 of the General Laws and information on the fines and punishments which may be imposed for violations of said chapter 90. The registrar of motor vehicles shall include information on the hazards of distracted driving in each revised publication of the driver's manual.

SECTION 13. Notwithstanding any general or special law to the contrary, the division of insurance shall conduct a study on the feasibility of reducing the amount of time unsafe driver points remain on a driver’s record. The report along with recommendations shall be submitted to the clerks of the house of representatives and senate, the joint committee on transportation and the house and senate committees on ways and means by not later than December 31, 2018.

SECTION 14. The registry of motor vehicles may promulgate regulations to implement section 13B of chapter 90 of the General Laws and to further define “mobile electronic device” under section 1 of said chapter 90.

SECTION 15. Section 11B of chapter 85 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended in the first paragraph by inserting the following words at the end thereof:-

(4) A bicyclist may cross at an intersection, including one where a leading pedestrian interval is used, while following the pedestrian traffic control signal for the bicyclist’s direction of travel unless otherwise directed by traffic signs or traffic control devices.  (5) A bicyclist must come to a stop at a red light signal but may turn left or proceed straight with caution if there is no way to the right, provided, however, that they must yield to pedestrians. A bicyclist may also proceed with caution if a signal proves unresponsive after two minutes.

SECTION 16. Said section 11B of said chapter 85, as so appearing, is hereby amended in line 8 by striking the word “moving” and replacing it with the following words:-

being operated

SECTION 17. Section 17 of said chapter 90, as so appearing,  is hereby amended in line 13 by inserting after the word “mile,” the following words:-

on a state highway or parkway inside a thickly settled or business district at a rate of speed exceeding twenty five miles per hour for a distance of one-eighth of a mile,

SECTION 18. Said section 1 of said chapter 90, as so appearing, 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 (c) a person riding an animal.

SECTION 19. Section 14 of said chapter 90, as so appearing, is hereby amended by striking, in line 9, the sentence beginning with the words  “In approaching…” and inserting the following sentence in place thereof:-

In approaching or passing a vulnerable user the operator of a motor vehicle shall pass at a safe distance of at least three feet when the motor vehicle is traveling at thirty miles per hour or less, with one additional foot of clearance for every ten miles per hour above thirty miles per hour.

SECTION 20. Section 2 of chapter 89 of the General Laws, as appearing in the 2014 Official Edition, 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 or other vehicle at a safe distance in the same lane, the overtaking vehicle shall use all or part of an adjacent lane, crossing the centerline if necessary, when it is safe to do so.

SECTION 21. Said section 1 of said chapter 90,, as so appearing, is hereby amended by adding the following definition:-

"Automated Road Safety Camera System", shall mean an automated motor vehicle sensor device installed which produces two or more digital photographs and or records the speed of each motor vehicle at the time it is used or operated in a manner that is in violation of traffic laws and regulations where the automated road camera safety system is located.

SECTION 22. Said chapter 90,, as so appearing, is hereby amended by adding the following new section:-

Section 33C.

(1)(a) Any city or town may, upon the acceptance of this section by its legislative body, employ an automated road safety camera system as a means of promoting traffic safety, which may be fixed along any portion of any ways within its control, or within the control of the commonwealth with written permission from the department of transportation or the department of conservation and recreation, or attached to the rotating stop sign of a school bus, and may impose a penalty on the owner of a motor vehicle for failure by the operator thereof to comply with traffic laws and regulations, limited to violations of five miles per hour above the posted maximum speed, failure to stop at a red light or a stop sign attached to a school bus, or an illegal turn on red in said city or town at which an automated safety camera violation monitoring system is located. For a school bus serving a regional school district to be equipped with an automated road safety camera, every city or town member of such regional school district shall accept this section. A city or town that accepts this section may employ no more than one fixed camera per 2500 residents as measured by the most recent census.  If a camera is deployed at an intersection listed by the department as one of the 200 most dangerous intersections in the commonwealth, that camera shall not count against that city or town’s 2,500 residents per camera limit.  A city or town that accepts this section may employ no more than one school bus road safety camera per school bus serving its school district.

(b) For a red light violation, the photographs, must, at a minimum, record the rear of the motor vehicle, with at least one of the images clearly recording the motor vehicle prior to the violation and at least one image recording the motor vehicle during the violation.  Additionally, at least one of the images must clearly identify the registration plate of the motor vehicle.   In the case of a red light violation, a notice of violation shall not be issued if any part of the automobile was in the intersection when the light was yellow, regardless of whether or not the light turned red while the automobile was in the intersection.

(c) No automated road safety camera system shall be utilized in such a manner as to take a frontal view photograph of a motor vehicle.

(d) The city or town shall install a sign notifying the public that a road safety camera is in use at each location of a road safety camera. Such signage must specifically include notification of camera enforcement of violations for right turns at that intersection if so enforced. Each school bus with a road safety camera shall have a sign notifying the public that a camera is in use on the bus.  

(e) The city or town shall make a public announcement and conduct a public awareness campaign of use of road safety cameras beginning at least 30 days before the enforcement program is in use.

(2)(a) The maximum penalty that may be imposed pursuant to this section by a city or town in acceptance of this section shall be fifty dollars for each violation, notwithstanding any general or special law to the contrary. For each violation pursuant to this section, the owner or owners of a vehicle shall be liable for the penalty; provided, however, that no owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of such vehicle has been convicted of the underlying violation pursuant to a citation issued in accordance with section 2 of chapter 90C of the General Laws.

(b) A certificate, or a facsimile thereof, based upon inspection of photographs and data produced by an automated road safety camera system, and sworn to or affirmed by a law enforcement employee authorized to issue citations for violations of traffic laws and regulations, shall be prima facie evidence of the facts contained therein. No photographs taken in conformance with this section shall be discoverable in any judicial or administrative proceeding other than a proceeding held pursuant to this section or during the resolution of a crime; and no photograph taken in conformance with this section shall be admissible in any judicial or administrative proceeding other than in a proceeding to adjudicate liability for such violation of this section.

(c) A penalty imposed by a city or town for a violation pursuant to this section shall not be deemed a criminal conviction and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall such violation be considered a conviction of a moving violation of the motor vehicle laws for the purpose of determining a surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.

(d) The police department shall supervise and coordinate the administration of violations issued pursuant to Section 1. The police department shall have the authority to hire and designate such personnel as may be necessary or contract for such services to implement the provisions of this section.

(e) It shall be the duty of the police department of the city or town or designee employing an automated road safety camera system to cause the notice of violation to the registered owner or owners of any motor vehicle identified in any photographs produced by such device as evidence of a violation pursuant to this section. Such notice shall contain, but not be limited to, the following information: a copy of the aforementioned recorded images and other evidence showing the vehicle in violation of traffic laws and regulations, the registration number and state of issuance of said registration number of the vehicle; the date, time and location of the violation; the specific violation charged; instructions for the return of the notice; and text as follows: "This notice may be returned personally, by mail, or by an agent authorized in writing. A hearing may be obtained upon the written request of the registered owner in writing. Failure to obey this notice within 60 days of issuance of this notice may result in the non-renewal of the certificate of registration of the registered owner."

(f) In the case of a violation involving a motor vehicle registered under the laws of the Commonwealth, such notice of violation shall be mailed within 14 days of the violation, to the address of the registered owner or owners as listed in the records of the registrar of motor vehicles. In the case of any motor vehicle registered under the laws of another state or country, such notice of violation shall be mailed within 21 days of the violation to the address of the registered owner or owners as listed in the records of the official in such state or country having charge of the registration of such motor vehicle. If said address is unavailable, it shall be sufficient for the police department or designee to mail notice of violation to the official in such state or country having charge of the registration of such motor vehicle.

(g) Notice of violation shall be sent by first class mail in accordance with subsection (f) and shall include an affidavit form approved by the police department for the purpose of complying with subsection (b). A manual or automatic record of mailing processed by or on behalf of the police department in the ordinary course of business shall be prima facie evidence thereof, and shall be admitted as evidence in any judicial or administrative proceeding, as to the facts contained therein.

(h) Any motor vehicle owner to whom notice of violation has been issued pursuant to this section may admit responsibility for such violation and pay the fine provided therein. Payment shall be made either personally or through a duly authorized agent, by appearing before the police department’s designee during normal office hours, or by mailing both payment and notice of the violation to the police department’s designee. Payment by mail shall be made by cash, money order, credit card or check made out to the police department or city or town. Payment of the established fine and any applicable penalties shall operate as a final disposition of the case. Payment of the fine by one motor vehicle owner shall be satisfaction of the fine as to all other motor vehicle owners of the same motor vehicle for the same violation.

(i) Any owner to whom a notice of violation has been issued may, within 60 days of the mailing of said notice by the police department, request a hearing to contest the liability alleged in said notice. A hearing request shall be made either personally, via the internet or through a duly authorized agent by appearing before the police department during regular business hours or by mailing a request in writing to the police department. Upon receipt of a hearing request, the police department shall forthwith schedule the matter before a person hereafter referred to as a hearing officer, said hearing officer to be the police department of the city or town wherein the violation occurred or such other person or persons as the police department may designate. Written notice of the date, time and place of said hearing shall be sent by first class mail to each registered owner. The decision of the hearing officer shall be final subject to judicial review as outlined by section 14 of Chapter 30A of the General Laws. Within twenty-one days of the hearing, the police department or the hearing officer should send by first class mail to the registered owner or owners the decision of the hearing officer, including the reasons for the outcome.

(j) Any owner to whom a notice of violation has been issued shall not be liable for a violation under the provisions of this section (1) if the violation was necessary to allow the passage of an emergency vehicle; (2) if the violation was incurred while participating in a funeral procession; (3) if the violation was incurred during a period of time in which the motor vehicle was reported to the police department of any state, city or town as having been stolen and had not been recovered prior to the time the violation occurred; (4) if the operator of the motor vehicle was operating the motor vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing company and has complied with the provisions of section 20E of chapter 90 of the General Laws; (6) if the operator of the motor vehicle was convicted of the underlying violation pursuant to a citation issued in accordance with section 2 of chapter 90C of the General Laws; or (7) if the violation was necessary to comply with any other law or regulation governing the operation of a motor vehicle. An owner disputing a violation under this section shall, within 30 days, provide the police department with a signed affidavit in a form approved by the police department, as provided for in subsection (d), stating (1) the reason for disputing the violation; (2) the full legal name and address of the owner of the motor vehicle; (3) the full legal name and address of the operator of the motor vehicle at the time the violation occurred; (4) the names and addresses of all witnesses supporting the owner's defense and the specifics of their knowledge; and where applicable (5) the signed statements from witnesses.

(k) If an owner to whom notice of violation has been issued either fails to pay the fine if provided for in said notice in accordance with subsection (i), or fails to receive a favorable adjudication of said notice from a hearing officer in accordance with subsection (j), the police department shall notify the registrar of motor vehicles who shall place the matter on record. Upon notification to the registrar of two or more notices under this section from the police department of either city or town or state authorities or agencies, the registrar shall not issue or renew such owner's motor vehicle registration until after notification from the police department of each city or town, agency or authority, from whom the registrar received notification, that all fines, taxes and penalties owed by such owner pursuant to either this section, have been disposed of in accordance with law.  It shall be the duty of the police department to notify the registrar forthwith that such case has been so disposed; provided, however, that certified receipt of full and final payment from the police department of the city or town or state agency or authority issuing such violation shall also serve as legal notice to the registrar that said violation has been disposed of in accordance with law. The certified receipt shall be printed in such form as the registrar of motor vehicles may approve.

(3) The compensation paid to the manufacturer or vendor of the automated road safety camera system as authorized herein shall be based on the value of the equipment or services provided and may not be based on the number of traffic citations issued or the revenue generated by the systems.

(4)(a) Photographs and other recorded evidence shall only be captured when a violation occurs. Photographic and other recorded evidence obtained through the use of automated road safety camera systems deployed as a means of promoting traffic safety authorized herein shall be destroyed within 48 hours of final disposition of any recorded event and shall not be used or shared for any other purpose.

(b) No photographs taken in conformance with this section shall be discoverable in any judicial or administrative proceeding other than a proceeding held pursuant to this section without a court order; and no photograph taken in conformance with this section shall be admissible in any judicial or administrative proceeding other than in a proceeding to adjudicate liability for such violation of this section without a court order. Other than for purposes of enforcement of a violation of this section or for purposes of an owner defending a violation of this section, no private entity or individual may obtain photographs or records taken pursuant to this section.

(c) Before an automated road safety camera system may be in use to monitor red light violations, the traffic control signal installation must comply with the standards set forth in the Manual on Uniform Traffic Control Devices. If it is determined that the automated road safety camera system is not in compliance with these standards, it shall be the responsibility of the city or town installing the system to bring it into compliance. Verification that the traffic control signal meets these standards shall be made by a professional engineer registered in the commonwealth.

(5) (a) The administrator of the automated road safety camera system within the municipality shall submit a report regarding the use, operation and efficacy of the automated road safety camera system to the department of transportation and the executive office of public safety and security no more than one year following the commencement of the automated road safety camera system.

(b) The department of transportation and the department of public safety shall promulgate regulations upon passage of this section, including, but not limited to, signage, public awareness campaigns, record keeping and privacy.

(6) No less than eighty percent of revenues collected pursuant to this section shall be used to supplement so called chapter 90 funds, for the purposes of road safety improvements, in the same manner as funds provided to cities and towns under clause (b) of the second paragraph of section 4 of chapter 6C of the General Laws.

SECTION 23.  The executive office of public safety and security, in consultation with the department of public health and the department of transportation, shall develop, no later than one year from the effective date of this act, a standardized analysis tool to be used to report crashes and incidents involving a cyclist or a pedestrian. In developing the standardized analysis tool, the executive office and departments shall consider best practices in reporting cyclist and pedestrian crashes, including the Pedestrian and Bicycle Crash Analysis Tool system

The standardized analysis tool shall be used by any first responder, defined for the purposes of this section as a municipal, county, or state law enforcement official or emergency medical services provider, called to the scene of a crash or incident involving a cyclist or pedestrian. The corresponding report for each crash shall be transmitted to the executive office. The executive office shall maintain a publicly accessible database of the standardized analysis tool reports.

SECTION 24.  Section 11B of said chapter 85, as so appearing, is hereby amended by striking in line 71 the word “either”

SECTION 25.  Said section 11B of said chapter 85, as so appearing, is hereby amended by striking in line 72 the word “or” and replacing it with the following word:-

and

SECTION 26. Section 11 of said chapter 89, as so appearing, is hereby amended by inserting after the second paragraph the following paragraphs:-

When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a bicyclist crossing a roadway or intersection at a bicycle crossing marked, signed, or otherwise designated in accordance with standards established by the department, including but not limited to road crossings of bicycle or shared-use paths and intersection crossings of bicycle lanes, if the bicyclist is on that half of the traveled part of the way on which the vehicle is traveling or if the bicyclist approaches from the opposite half of the traveled part of the way to within 10 feet of that half of the traveled part of the way on which said vehicle is traveling.  Nothing in this statute shall relieve a bicyclist from the responsibility to yield the right-of-way to a pedestrian in a crosswalk.

No driver of a vehicle shall pass any other vehicle which has stopped at a bicycle crossing to permit a bicyclist to cross, nor shall any such operator enter a marked bicycle crossing while a bicyclist is crossing or until there is a sufficient space beyond the bicycle crossing to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.