Amendment #892 to H4200

Protecting Vulnerable Road Users

Representatives Rogers of Cambridge, Ashe of Longmeadow, Barber of Somerville, Gordon of Bedford, Hecht of Watertown, Roy of Franklin, Toomey of Cambridge and Walsh of Framingham move to amend the bill by adding the following section:

“SECTION XXXX. SECTION 1: Section 1 of Chapter 90 of the General Laws is hereby amended by inserting the following sentence:

“Vulnerable user” means (a) a pedestrian, including those persons actually engaged in work upon a way, or in work upon utility facilities along a way, or engaged in the provision of emergency services within the way; or (b) a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates, non-motorized scooter, wheelchair, electric personal assistive mobility device, horse-drawn carriage, motorized bicycle, motorized scooter, farm tractor or similar vehicle designed primarily for farm use; or (c) a person riding an animal.

SECTION 2: Section 14 of Chapter 90 of the General Laws is hereby amended by replacing the sentence:

In approaching or passing a person on a bicycle the operator of a motor vehicle shall slow down and pass at a safe distance and at a reasonable and proper speed.

with the sentence:

In approaching or passing a vulnerable user (as defined in Section 1 of Chapter 90 of the General Laws), the operator of a motor vehicle shall slow down and pass at a safe distance and at a reasonable and proper speed, where a safe distance is defined as at least three feet when the motor vehicle is traveling at thirty miles per hour or less, and one additional foot of clearance is required for every ten miles per hour above thirty miles per hour.

SECTION 3: Section 2 of Chapter 89 of the General Laws is hereby amended by replacing the sentence:

If it is not possible to overtake a bicycle or other vehicle at a safe distance in the same lane, the overtaking vehicle shall use all or part of an adjacent lane if it is safe to do so or wait for a safe opportunity to overtake.

with the sentence:

If it is not possible to overtake a vulnerable user (as defined in Section 1 of Chapter 90 of the General Laws) or other vehicle at a safe distance (as defined in Section 14 of Chapter 90 of the General Laws) in the same lane, the overtaking vehicle shall use all or part of an adjacent lane, crossing the centerline if necessary, if it is safe to do so or wait for a safe opportunity to overtake”.

Additional co-sponsor(s) added to Amendment #892 to H4200

Protecting Vulnerable Road Users