HOUSE DOCKET, NO. 1787        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3584

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Harold P. Naughton, Jr.

_________________

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 relative to the move over law.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Harold P. Naughton, Jr.

12th Worcester

1/17/2019


HOUSE DOCKET, NO. 1787        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3584

By Mr. Naughton of Clinton, a petition (accompanied by bill, House, No. 3584) of Harold P. Naughton, Jr., relative to the safety or emergency vehicle “move over law”, so-called.  Transportation.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4100 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to the move over law.

 

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

Chapter 89 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking section 7C in its entirety and inserting in place thereof the following section:-

Section 7C. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Emergency response vehicle", a fire apparatus, police vehicle, ambulance, or disaster vehicle.

"Highway maintenance vehicle", a vehicle used for the maintenance of highways and roadways: (1) that is owned or operated by the executive office of transportation and public works, a county, a municipality or any political subdivision thereof; or (2) that is owned or operated by a person under contract with the executive office of transportation and public works, a county, a municipality or any political subdivision thereof.

"Operator", any person who operates a motor vehicle as defined in section 1 of chapter 90.

"Person", a natural person, corporation, association, partnership or other legal entity.

"Recovery vehicle", a vehicle that is specifically designed to assist a disabled vehicle or to tow a disabled vehicle.

"Utility Vehicle," a vehicle being used to install, maintain, repair, operate, or restore communications service, electric or gas distribution or transmission service in an emergency and that is operated by an employee of or a person under contract with a company incorporated for the transmission of intelligence by electricity or by telephone, or an electric distribution, transmission, or natural gas distribution company as defined by section 1 of chapter 164.

(b) Upon approaching a stationary emergency vehicle, highway maintenance vehicle, utility vehicle or recovery vehicle with flashing lights an operator shall:

(1) proceed with due caution, reduce the speed of the vehicle to that of a reasonable and safe speed for road conditions, and, if practicable and on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the operator's vehicle, yield the right-of-way by making a lane change into a lane not adjacent to that of the emergency response vehicle, highway maintenance vehicle or recovery vehicle; or

(2) if changing lanes is impracticable, proceed with due caution and reduce the speed of the vehicle to that of a reasonable and safe speed for road conditions.

(c) Violation of this section shall be punished by a fine of not more than $100.