SENATE DOCKET, NO. 93        FILED ON: 1/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2316

The Commonwealth of Massachusetts

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PRESENTED BY:

Diana DiZoglio, (BY REQUEST)

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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 the registration and insurance of motorized scooters in the Commonwealth.

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PETITION OF:

SENATE DOCKET, NO. 93        FILED ON: 1/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2316

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2072 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to the registration and insurance of motorized scooters in the Commonwealth.

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 striking out Section 1E and inserting in place thereof the following section:–

Section 1E. In addition to the types of vehicles that are authorized to be registered under this chapter, the registrar of motor vehicles shall issue a registration for a motorized scooter, designed by the manufacturer to be operated on public ways at a maximum speed up to 20 miles per hour and may adopt reasonable rules and regulations concerning requirements for registration, equipment, inspections and insurance.  Every person operating such a vehicle as so authorized and registered upon a way shall not operate the motorized scooter in excess of the maximum design speed, and shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles or mopeds or low speed vehicles have been posted. Such limitations as to maximum design speed and limited use of public ways shall be conspicuously printed on the registration certificate of the motorized scooter vehicle by the registrar. 

A motorized scooter shall not be operated on any way by a person not possessing a valid driver's license or learner's permit, nor 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 motorized 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 motorized 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 motorized scooter shall be equipped with operational stop and turn signals so that the operator can keep both hands on the handlebars at all times. No person shall operate a motorized scooter upon any way at any time after sunset or before sunrise.

A person operating a motorized scooter 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.

A person convicted of a violation of this section shall be punished by a fine of not more than $500 for the first violation, not less than $500 nor more than $1000 for a second violation and not less than $1000 nor more than $2000 for a third or subsequent violation.

SECTION 2. Section 34A of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the definition of “motor vehicle” and inserting in place thereof the following definition:-

“Motor vehicle”, shall, in addition to the meaning prescribed in section 1, included a trailer, as defined by section 1 or a motorized scooter as defined in section 1.

SECTION 3. The registrar of motor vehicles shall issue a passenger plate of suitable design for motorized scooters as defined in chapter 90 of the General Laws. The fee for the registration of a motorized scooter shall be as set in clause 2 of section 33 of chapter 90 of the General Laws.

SECTION 4. The registrar of motor vehicles shall establish rules and regulations to govern the annual safety and emissions inspections of motor scooters which shall ensure that the safety standards established by 49 C.F.R. 571.500 are being complied with, that all required equipment is in good working order, that motorized scooter emblem is properly displayed, and that the motorized scooter meets the required emissions standards, as applicable, under state law. The registrar may adopt additional standards pursuant to Section 7 of Chapter 90 of the General Laws to ensure that other parts or components of the motorized scooter, as equipped, are in good working order and that the motorized scooter is safe to operate.