SENATE DOCKET, NO. 1075        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2069

The Commonwealth of Massachusetts

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PRESENTED BY:

Sal N. DiDomenico

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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 mobile carrying devices.

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PETITION OF:

SENATE DOCKET, NO. 1075        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2069

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 mobile carrying devices.

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. Chapter 90 of the General Laws is hereby amended by inserting in Section 1 after the words “in electric-assisted bicycle” the following: mobile carrying devices, as defined in XXX.

SECTION 2. Said Section 1 of Chapter 90 is hereby amended by inserting after the words “drawn on a highway, except” the following: “mobile-carrying devices:”

SECTION 3. Said Chapter 90 is hereby amended by adding a new Section1J entitled “mobile carrying devices:”

(1)  MOBILE CARRYING DEVICE.—An electrically powered device that:.

(a)Is operated on sidewalks and crosswalks and intended primarily for transporting personal property;

(b)Weighs less than 90 pounds, excluding cargo;

(c)Has a maximum speed of 12.5 miles per hour; and

(d)Is equipped with a technology to transport personal property with the active monitoring of a property owner; and

(e)Is primarily designed to remain within twenty-five feet of the personal property owner.

(2) A mobile carrying device is not considered a vehicle unless expressly defined by law as a vehicle.

(3) A mobile carrying device may be operated on a sidewalk or crosswalk so long as all of the following requirements are met:

(a) the mobile carrying device is operated in accordance with the local ordinances, if any, established by the local highway authority governing where the mobile carrying device is operated;

(b) a personal property owner is actively monitoring the navigation and operation of the mobile carrying device;

(c) the mobile carrying device is equipped with a braking system that enables the mobile carrying device to come to a controlled stop.

(3) A personal property owner monitoring the mobile carrying device may not allow a mobile carrying device to do any of the following:

(a) fail to comply with traffic or pedestrian control devices and signals;

(b) unreasonably interfere with pedestrians or traffic;

(c) transport hazardous material; or

(d) operate on a street or highway, except when crossing the street or highway within a crosswalk.

(4) A mobile carrying device has the rights and obligations applicable to a pedestrian under the same circumstances, except that a mobile carrying device shall yield the right-of-way to a pedestrian on a sidewalk or crosswalk.

(5) A personal property owner may not operate a mobile carrying device unless the person complies with this section.

(6) A violation of this section is an infraction.