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.