SENATE DOCKET, NO. 1268        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 982

The Commonwealth of Massachusetts

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PRESENTED BY:

Joan B. Lovely

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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 speed limitations near waste or recycling collection vehicles.

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PETITION OF:

SENATE DOCKET, NO. 1268        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 982

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4463 OF 2017-2018.]

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 speed limitations near waste or recycling collection vehicles.

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 is hereby amended by inserting the following definition:-

“Waste or recycling collection vehicle,” a garbage, waste, or recycling collection vehicle that provides curbside collection and is not fully automated.

SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after section 17C the following section:-

Section 17D. (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, road or highway with a center line and more than two lanes.

(c) Whoever violates this section shall be punished by a fine of not more than $500. A subsequent violation shall be punished by a fine of not more than $1,000.