SENATE DOCKET, NO. 72        FILED ON: 1/10/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2240

The Commonwealth of Massachusetts

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PRESENTED BY:

Anne M. Gobi

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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 updating the state "Move Over" law.

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PETITION OF:

SENATE DOCKET, NO. 72        FILED ON: 1/10/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2240

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 updating the state "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. Chapter 89 of the General Laws is hereby amended in section 7C (a) by adding the following definition:

“Disabled vehicle”, a motor vehicle that has been abandoned or rendered inoperable by mechanical failure or accident.

And further, by striking out subsection (2) © in its entirety and inserting in place thereof the following:-

(c) Violation of this section may be punishable by a fine of $250 for a first offense, by a fine of $500 for a second offense, and by a fine of $1,000 for a third or subsequent offense; provided that any violation that results in bodily injury may be punishable by a fine of $2500 or up to one year in a jail or house of correction.

And further, at the end after (c) by adding the following section:

(d) In addition to any fines pursuant to subsection c, an operator who commits a second or third 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” to be paid by the violator.

(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 or a violation that results in bodily injury 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 chapter 175.