HOUSE DOCKET, NO. 1649        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3329

The Commonwealth of Massachusetts

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PRESENTED BY:

Kenneth I. Gordon

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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 move over law.

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PETITION OF:

HOUSE DOCKET, NO. 1649        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3329

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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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:
 

SECTION 1. Section 7C of chapter 89 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (2)(c) and inserting in place thereof the following:-

(c) Violation of this section may be punished by a fine of $250 for a first offense, by a fine of $1000 for a second offense, and by a fine of $2,500 for a third or subsequent offense; provided that any violation that results in injury to another person may be punished by a fine of $5,000 or up to one year in a jail or house of correction.

And further, by adding the following sections:

(d) In addition to any fines pursuant to subsection c, an operator who commits a second offense shall be required to complete a program selected by the registrar of motor vehicles that encourages a change in driver behavior and attitude about the “Move Over Law”.

(e) A first or second offense under this Section shall not be a surchargeable incident under section 113B of chapter 175 or under a motor vehicle liability policy as defined in section 34A that is issued pursuant to said chapter 175; provided, however, that a third or subsequent offense shall be a surchargeable incident under said section 113B of said chapter 175 or under a motor vehicle liability policy as defined in said section 34A that is issued pursuant to said chapter 175.

(f) The registrar of motor vehicles, in cooperation with the highway safety division, the department of elementary and secondary education, the department of higher education, the department of state police and municipal law enforcement, shall develop and implement an annual public awareness campaign for junior and adult operators. The campaign shall include, but not be limited to, the dangers and consequences of distracted driving, information on the restrictions of mobile telephone and mobile electronic device use while operating a motor vehicle under sections 8M, 12A, 13, and 13B of chapter 90 of the General Laws, information on the fines and punishments that may be imposed for violations of said chapter 90 and bicycle safety. The registrar of motor vehicles shall include information on the hazards of distracted driving in each revised publication of the driver’s manual.