Amendment #1 to H.3549

HOUSE . . . . . . . No. 5103

The Commonwealth of Massachusetts
______________________________________

HOUSE OF REPRESENTATIVES, July 28, 2022.

The committee on Ways and Means, to whom was referred the Bill to reduce traffic fatalities (House, No. 3549), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 5103).

For the committee,

AARON MICHLEWITZ.

FILED ON: 7/27/2022

HOUSE . . . . . . . . . . . . . . . No. 5103

The Commonwealth of Massachusetts

_______________

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

_______________

An Act to reduce traffic fatalities.

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. The first paragraph of section 2 of chapter 89 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- If it is not possible to overtake a vulnerable user, as defined in section 1 of chapter 90, or other vehicle at a safe distance in the same lane, the overtaking vehicle shall use all or part of an adjacent lane, crossing the centerline if necessary, when it is safe to do so.

SECTION 2. Section 1 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Automobile transporter” the following definition:-

“Back-up camera”, a device that provides a visual image of the area directly behind a vehicle to the vehicle operator when the vehicle is in reverse gear, meeting the requirements of Federal Motor Vehicle Safety Standard No. 111, 49 CFR 571.111.

SECTION 3. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Bus or motor bus” the following 2 definitions:-

“Convex mirror”, a door-mounted, wide-angle mirror that enables an operator to see objects along the left and right sides of a motor vehicle, trailer, semi-trailer or semi-trailer unit.

“Cross-over mirror”, a mirror mounted on a hood or fender that enables the operator to see objects in the area immediately in front of a conventional cab hood; provided, that a vehicle that has a cross-over mirror installed shall have a label visible to the seated driver in accordance with Federal Motor Vehicle Safety Standard No. 111, 49 CFR 571.111.

SECTION 4. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Killed in action” the following definition:-

“Lateral protective device”, an apparatus installed on a motor vehicle, trailer, semi-trailer or semi-trailer unit between the front and rear wheels to help prevent injuries to a vulnerable user, particularly from falling underneath the vehicle.

SECTION 5. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Transporter” the following definition:-

“Vulnerable user”, (i) a pedestrian, including a person engaged in work upon a way or upon utility facilities along a way or engaged in the provision of emergency services within the way; (ii) a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates, non-motorized scooter, wheelchair, electric personal assistive mobility device, horse, horse-drawn carriage, motorized bicycle, motorized scooter, or other micromobility device, or a farm tractor or similar vehicle designed primarily for farm use; or (iii) other such categories that the registrar may designate by regulation.

SECTION 6. Section 7 of said chapter 90, as so appearing, is hereby amended by inserting after the fourth paragraph the following 2 paragraphs:-

The registrar shall prohibit: (i) visual obstructions due to aftermarket modifications and accessories that reduce the ability of the vehicle operator to directly see vulnerable users in the vicinity of the vehicle, including, but not limited to, bug deflectors and chrome visors; and (ii) aftermarket modifications and accessories that increase fatality and serious injury risk to vulnerable users in a collision with the vehicle, including, but not limited to, bull bars. The registrar shall promulgate regulations enforcing this paragraph.

SECTION 7. Said section 7 of said chapter 90 is hereby further amended by striking out the fifth and sixth paragraphs, inserted by section 6, and inserting in place thereof the following 2 paragraphs:-

A motor vehicle, trailer, semi-trailer or semi-trailer unit classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more, that is leased or purchased by the commonwealth on or before January 1, 2025, or operated under a contract with the commonwealth on or before January 1, 2025, shall be equipped with a lateral protective device, convex mirrors, crossover mirrors and backup cameras. This paragraph shall not apply to an ambulance, firefighting apparatus, low-speed vehicle, agricultural tractor or any other class or type of vehicle as determined by the registrar. The registrar shall adopt regulations establishing standards, consistent with the United States Department of Transportation John A. Volpe National Transportation Systems Center’s side guard standard DOT-VNTSC-OSTR-16-05, and specifications for the size, design and mounting of lateral protective devices, convex mirrors and crossover mirrors. The registrar may provide alternative means of compliance with the convex mirror, crossover mirror and lateral protective device requirements. A contractor’s failure to comply with this paragraph may be grounds for termination of the contract and may be punishable by a fine of not more than $500 for the first offense and not more than $1,000 for a second or subsequent offense.

The registrar shall prohibit: (i) visual obstructions due to aftermarket modifications and accessories that reduce the ability of the vehicle operator to directly see vulnerable users in the vicinity of the vehicle, including, but not limited to, bug deflectors and chrome visors; and (ii) aftermarket modifications and accessories, including, but not limited to, bull bars, that increase fatality and serious injury risk to vulnerable users in a collision with the vehicle. The registrar shall promulgate regulations implementing this paragraph.

SECTION 8. The first paragraph of section 14 of said chapter 90, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- In passing a vulnerable user, the operator of a motor vehicle shall pass at a safe distance of not less than 3 feet when the motor vehicle is traveling at 30 miles per hour or less, with 1 additional foot of clearance for every 10 miles per hour that the vehicle is traveling above 30 miles per hour.

SECTION 9. Said section 14 of said chapter 90, as so appearing, is hereby further amended by inserting after the second paragraph the following paragraph:-

The Massachusetts Department of Transportation shall erect and maintain signage along public ways necessary to notify operators of motor vehicles of the requirements for passing a vulnerable user from a safe distance as required by this section.

SECTION 10. Said chapter 90 of the General Laws is hereby further amended by inserting after section 17 the following section:-

Section 171/2. (a) For the purposes of this section, “active construction zone” shall mean an area on a public highway or on the adjacent right of way where construction, repair, maintenance or survey work is being performed by the department, a utility company or a private contractor under contract with the department.

(b)(1) Notwithstanding section 18, the department may establish a speed limit in an active construction zone without conducting an engineering study. A rate of speed in excess of a speed limit posted under this section shall be prima facie evidence that the motor vehicle’s speed was not reasonable and proper. A violation of this section shall be punishable by a fine of double the amount that would be imposed for such a violation in that area if the area were not designated as a construction zone.

(2) A construction zone speed limit shall be effective when signs giving notice of that speed limit are prominently displayed and construction, repair, maintenance or survey work is being performed. The signs may carry either a fixed speed limit or an electronic message that displays adjusted speed limits when work is being performed. The signs shall notify motorists that the fine for a violation of the posted speed limit is doubled in the construction zone.

SECTION 11. Section 17C of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-

(c) On a state highway, other than a limited access highway, inside a thickly settled or business district located in a city or town that has accepted this section, the department shall establish and post a speed limit of 25 miles per hour. On a parkway inside a thickly settled or business district located in a city or town that has accepted this section, the department of conservation and recreation shall establish and post a speed limit of 25 miles per hour.

SECTION 12. Not later than 1 year after the effective date of this act, the Massachusetts Department of Transportation, in consultation with the department of public health and the executive office of public safety and security, shall develop a standardized form to report crashes and incidents involving a motor vehicle and a vulnerable user, as defined in section 1 of chapter 90 of the General Laws. In developing the standardized form, the department shall consider best practices in reporting crashes and incidents involving vulnerable users, including the Federal Highway Administration’s Pedestrian and Bicycle Crash Analysis Tool.

The standardized form shall be used by any municipal, county or state law enforcement official or emergency medical services provider who responds to a crash or incident involving a motor vehicle and a vulnerable user. The corresponding report for each crash or incident shall be transmitted to the registrar of motor vehicles. The department shall maintain a publicly accessible database of the standardized form reports; provided, however, that no personally identifying information shall be published in the database.

SECTION 13. Not later than 6 months after the effective date of this act, the Massachusetts Department of Transportation shall initiate with the United States Department of Transportation John A. Volpe National Transportation Systems Center a study of the direct vision performance of the vehicles subject to the fifth and sixth paragraphs of section 7 of chapter 90 of the General Laws, as inserted by sections 6 and 7; provided, that the study shall be completed not later than 18 months after the effective date of this act. The study shall identify the range of direct vision afforded to drivers in this population of vehicles and produce evidence-based safety recommendations stipulating a minimum acceptable level of direct vision to be met by future applicable vehicles purchased and leased by the commonwealth. The study shall be completed submitted in a report to the clerks of the house of representatives and senate and the joint committee on transportation not later than 18 months after the effective date of this act.

SECTION 14. Section 6 shall take effect on January 1, 2023.

SECTION 15. Section 7 shall take effect on January 1, 2025.