Amendment #7 to H5103

Amendment

Mr. Straus of Mattapoisett moves to amend the bill in section 8 by striking out the words “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” and inserting in place thereof the following words: “4 feet and at a reasonable and proper speed”;

And by adding the following section:

“SECTION 18. Said chapter 90, as so appearing, is hereby further amended by striking out section 18 and inserting in place thereof the following section:-

Section 18. The city council, the transportation commission of the city of Boston, the board of selectmen or select board, park commissioners, a traffic commission or traffic director or the department, on ways within their control, may make, amend or rescind special regulations as to the speed of motor vehicles and may prohibit the use of such vehicles altogether on such ways; provided, however, that except in the case of a speed regulation no such special regulation shall be effective unless it shall have been published in 1 or more newspapers, if there be any, published in the town in which the way is situated, otherwise in 1 or more newspapers published in the county in which the town is situated; nor until after the department shall have certified in writing that such regulation, amendment or rescission is consistent with the public interests; provided further, however, that nothing herein contained shall be construed as affecting the right of the department of conservation and recreation to make rules and regulations governing the use and operation of motor vehicles on lands, roadways and parkways under its care and control. No such rule or regulation shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than 5,000 pounds and that are registered for commercial use on ways where noncommercial passenger type motor vehicles are permitted to operate. No such regulation, amendment or rescission shall be effective until there shall have been erected, upon the ways affected thereby and at such points as the department may designate, signs, conforming to standards adopted by the department, setting forth the speed or other restrictions established by the regulation, and then only during the time such signs are in place. Any sign, purporting to establish a speed limit, which has not been erected in accordance with the foregoing provisions may be removed by or under the direction of the department.

Upon rescission of the speed regulation, or a portion thereof, and removal of the signs, sections 17 and 17C shall govern.

Any person, corporation, firm or trust owning a private parking area or owning land on or abutting a private way, or any person, corporation, firm or trust controlling such land or parking area, with the written consent of the owner, may apply in writing to the city council, the traffic commission of a city or town having a traffic commission, the transportation commission of the city of Boston or the board of selectmen or select board in any town in which the private way or parking area lies, to make special regulations as to the speed of motor vehicles and as to the use of such vehicles upon the particular private way or parking area, and the city council with the approval of the mayor, the traffic commission of a city or town, the transportation commission of the city of Boston or the board of selectmen or select board, as the case may be, may make such special regulations with respect to said private way or parking area to the same extent as to ways within their control and such special regulations shall not be subject to approval by the department or the registrar; provided, however, that any traffic signs, signals, markings or devices used to implement such special regulations shall conform in size, shape and color to the most current manual on uniform traffic control devices.”.