SENATE DOCKET, NO. 1986        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2047

The Commonwealth of Massachusetts

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PRESENTED BY:

Nick Collins

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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 motorized scooter operating requirements.

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PETITION OF:

SENATE DOCKET, NO. 1986        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2047

The Commonwealth of Massachusetts

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

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An Act relative to motorized scooter operating requirements.

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 2016 General Edition, is hereby amended by:-

In line 1 of the definition of “motorized scooter”, adding the words “weighing less than 100 pounds”.

In line 2 of the definition of “motorized scooter”, deleting the words “or gas powered”.

In line 4 of the definition of “motorized scooter”, adding the words “, with a maximum speed of no more than 20 miles per hour”.

"Motorized scooter'', any 2 wheeled tandem or 3 wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion, with a maximum speed of no more than 20 miles per hour. The definition of "motorized scooter'' shall not include a motorcycle or motorized bicycle or a 3 wheeled motorized wheelchair.

In line 14 of the definition of “motor vehicles”, adding the words “or motorized scooters” following “bicycles”.

"Motor vehicles'', all vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle, except railroad and railway cars, vehicles operated by the system known as trolley motor or trackless trolley under chapter one hundred and sixty-three or section

ten of chapter five hundred and forty-four of the acts of nineteen hundred and forty-seven, vehicles running only upon rails or tracks, vehicles used for other purposes than the transportation of property and incapable of being driven at a speed exceeding twelve miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the traveled part of ways, wheelchairs owned and operated by invalids and vehicles which are operated or guided by a person on foot; provided, however, that the exception for trackless trolleys provided herein shall not apply to sections seventeen, twenty-one, twenty-four, twenty-four I, twenty-five and twenty-six. The definition of "Motor vehicles'' shall not include motorized bicycles or motorized scooters. In doubtful cases, the registrar may determine whether or not any particular vehicle is a motor vehicle as herein defined. If he determines that it should be so classified, he may require that it be registered under this chapter, but such determination shall not be admissible as evidence in any action at law arising out of the use or operation of such vehicle previous to such determination.

SECTION 2. Section 1E of Chapter 90 of the General Laws, as appearing in the 2016 General Edition, is hereby amended by:-

In line 1, deleting the words “by a person not possessing a valid driver's license or learner's permit, nor”.

In lines 9 and 10 deleting the words “shall be equipped with operational stop and turn signals so that the” and replacing the word “can” in line 10 with “shall”.

In line 12, deleting the sentence “No person shall operate a motor scooter upon any way at any time after sunset or before sunrise.”

In line 12, adding to the conclusion of the paragraph the sentences “Motorized scooters may be operated on bicycle lanes adjacent to the various ways. A motorized scooter may be parked on a sidewalk in a manner not impeding the normal or reasonable movement of pedestrian or other traffic.”

In line 13 adding the words “under age sixteen” following “scooter.”

Section 1E. A motorized scooter shall not be operated on any way at a speed in excess of 20 miles per hour. A person operating a motorized scooter upon a way shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting scooters or bicycles have been posted, and shall be subject to all traffic laws and regulations of the commonwealth and the regulations contained in this section, except that: (1) a scooter operator shall keep to the right side of the road at all times, including when passing a motor vehicle which is moving in the travel lane of the way; and (2) the scooter operator shall keep both hands on the handlebars at all times. Motorized scooters may be operated on bicycle lanes adjacent to the various ways. A motorized scooter may be parked on a sidewalk in a manner not impeding the normal or reasonable movement of pedestrian or other traffic.

A person operating a motorized scooter under age sixteen shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe. No person operating a motorized scooter shall permit any other person to ride as a passenger on the scooter.