Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith comply with the provisions of the Federal Surface Transportation Assistance Act of nineteen hundred and eighty-two allowing tandem and forty-eight foot semi-trailers to operate on a designated network of highways in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety and convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 2B of chapter 85 of the General Laws is hereby amended by adding the following sentence:- The department for the purpose of promoting public safety and convenience during periods of commuter and holiday traffic, inclement weather conditions or construction activity, or for other good cause, may promulgate rules and regulations limiting the time and hours of travel of vehicles one hundred and two inches in width, semi-trailers of forty-eight feet in length when operating in semi-trailer unit and tandem units, as defined in section one of chapter ninety, on the National Network, as defined in section nineteen F of chapter ninety, and routes of reasonable access, as designated by the department under provisions of section nineteen G of chapter ninety, or any parts thereof, and such rules and regulations may provide penalties for the violation thereof not exceeding five hundred dollars for each offense.
The state police, may, during declared weather emergencies order all trucks off of the roads.
SECTION 2. Section 1 of chapter 90 of the General Laws is hereby amended by inserting after the definition of "Auto home", inserted by chapter 711 of the acts of 1967, the following definition:-
"Automobile transporter", a unit in which a tractor power unit and semi-trailer are engaged in the transportation of automobiles and in which the tractor power unit, and the semi-trailer, carries a cargo of automobiles.
SECTION 3. Said section 1 of said chapter 90 is hereby further amended by inserting after the definition of "Student", inserted by chapter 705 of the acts of 1969, the following two definitions:-
"Tandem unit", a motor vehicle composed of a tractor, semi-trailer and trailer.
"Terminal", a facility designed and used for the purpose of wholesale commercial transportation of cargo or freight by motor vehicle, which facility consists of at least one building structure used for administrative or office purposes, and its associated yards, parking areas, roadways, and installed equipment, and which facility is devoted exclusively to the reception, retention, transfer and forwarding of cargo or freight from multiple points of origin to multiple destinations.
SECTION 4. Said section 1 of said chapter 90 is hereby further amended by inserting after the definition of "Right to operate", as most recently amended by chapter 294 of the acts of 1968, the following definition:-
"Routes of reasonable access", routes of access between (1) the National Network as defined in section nineteen F and (2) terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers.
SECTION 5. Section 19 of said chapter 90, as most recently amended by section 41 of chapter 572 of the acts of 1980, is hereby further amended by striking out the first sentence and inserting in place thereof the following four sentences:-
Except as otherwise provided in sections nineteen F and nineteen G, the following provisions shall apply:
No motor vehicle or trailer, the outside width of which is more than one hundred and two inches or the extreme overall length of which is more than thirty-three feet, or in the case of a truck, thirty-five feet, or in the case of a motor bus, forty feet, shall be operated on any way without a special permit so to operate from the board or officer having charge of such way or, in the case of a state highway of a way determined by the department of public works to be a through route, from said department. The one hundred and two inch width provided in this section shall be exclusive of load-induced tire bulge, rearview mirrors, turn signal lamps hand-holds for cab entry/egress and splash and spray suppressant devices, provided such mirrors and other devices are so mounted as not to constitute a hazard to pedestrians on or adjacent to any public way. Other safety devices which the department determines are necessary for the safe and efficient operation of motor vehicles shall not be included in the calculation of the one hundred and two inch width specified in this section; provided, however, that such other safety devices may be so mounted and so extend beyond the permitted width only in such manner and to such extent as may be determined by the department, but in no event shall such safety devices extend more than three inches beyond the maximum vehicle width on each side.
SECTION 6. Section 19A of said chapter 90, as most recently amended by section 1 of chapter 755 of the acts of 1981, is hereby further amended by inserting, in each instance, after the words "semi-trailer unit" wherever they appear the following words:- or tandem unit.
SECTION 7. The third paragraph of said section 19A of said chapter 90 is hereby amended by adding the following two sentences:- Upon the finding by an officer authorized to enforce the provisions of this chapter that a motor vehicle, trailer, semi-trailer or semi-trailer unit exceeds the said one hundred and five per cent of the maximum gross weight provided in said permit, or otherwise violates the conditions of any permit issued under sections thirty and thirty A of chapter eighty-five or section nineteen of this chapter, said officer may exercise reasonable discretion to prevent the continued transport of a load that is the principle cause of the violation. Neither the finding of such violation, nor the exercise of such reasonable discretion, however, shall be construed as nullifying or revoking any such permit, or as having any effect, beyond the actual citation of the violation, on the assessment of any penalties provided under section twenty of this chapter.
SECTION 8. Section 19D of said chapter 90 is hereby amended by inserting in each sentence, after the word "semi-trailer unit" wherever it appears the following words:- or tandem unit.
SECTION 9. Said chapter 90 is hereby amended by inserting after section 19E the following two sections:-
Section 19F. Notwithstanding the provisions of section nineteen C or any other provision of law to the contrary, semi-trailers of forty-eight feet in length when operating in semi-trailer units, and tandem units, whose semi-trailers or trailers shall not exceed twenty-eight feet in length as provided herein, may operate on the National Network as hereinafter defined. The National Network shall consist of the following highways; provided, however, that on such highways as are designated "National Network-Restricted Travel Hours" the said semi-trailers of forty-eight feet in length and the said tandem units may operate only between the hours of seven o'clock P.M. to seven o'clock A.M.:
National Network-Unrestricted Travel Hours
`ts `tcol(*)=3,T;c1=1,10,tu;c2=21,45,tu;c3=55,88,tf `tc1 Route*From*To `t+1 `tc1 I-86*Connecticut State Line*I-90 `tc1 * * `tc1 I-90*New York State Line*Cambridge Street
`tc3=55,88,tf;temp Boston (Allston) `t+1 `tc1 I-91*Connecticut State Line*Vermont State Line `tc1 I-93*I-95 in Reading*New Hampshire State Line `tc1 I-95*Rhode Island State Line*I-95 in Canton `tc1 I-95*Route 1 in West Peabody*New Hampshire State Line `tc1 I-190*I-290 in Worcester*Route 2 in Leominster `tc1 I-195*Rhode Island State Line*I-495 in Wareham `tc1 I-290*I-90 in Auburn*I-495 in Marlborough `tc1 I-291*I-91 in Springfield*I-90 in Chicopee `tc1 I-295*Rhode Island State Line*I-95 in Attleboro `tc1 I-395*Connecticut State Line*I-90 in Auburn `tc1 I-495*I-195 in Wareham*I-95 in Salisbury `tc1 Route 2*I-190 in Leominster*I-495 in Littleton `tc1 Route 3*I-95 in Burlington*New Hampshire State Line `tc1 Route 24*I-195 in Fall River*I-93 in Randolph `tc1 Route 140*I-195 in New Bedford*State Route 24 Taunton
National Network-Restricted Travel Hours `tc1 Route*From*To `tc1 I-93*I-95 in Canton*Route 24 in Randolph `tc1 I-95*I-93 in Canton*Route 1 in South Lynnfield `tc1 Route 1*I-95 in South Lynnfield*I-95 in West Peabody `tcol;end
No semi-trailer or trailer operating in a tandem unit as authorized under this section shall exceed twenty-eight feet in length, including load and load-holding devices, when operating on the National Network and routes of reasonable access designated by the department as provided in section nineteen C. No overall length limitations shall apply to motor vehicles comprised of semi-trailers or trailers of lengths specified above operating in a semi-trailer unit or tandem unit on the National Network and routes of reasonable access designated by the department.
No automobile transporter may exceed sixty-five feet in length including front and rear bumpers, but not including a load overhang not to exceed three feet beyond the foremost part of the front transporting vehicle or more than four feet beyond the rear or bed of the body of the rear vehicle, when operating on the National Network and routes of reasonable access designated by the department as provided in section nineteen G. On the National Network and on routes of reasonable access designated by the department, a number of vehicles may be transported in combination by means of saddlemount or full mount mechanisms, utilizing the motive power of one of the vehicles in combination; provided, however, that such combination of vehicles does not exceed sixty-five feet in length; and, provided further, that the equipment used in such combination shall comply with the safety regulations issued by the Bureau of Motor Carrier Safety of the United States Department of Transportation. Notwithstanding any other provision of this section to the contrary, tandem units whose semi-trailers or trailers do not exceed twenty-eight and one-half feet in length, which trailers or semi-trailers were actually and lawfully operating on December first, nineteen hundred and eighty-two as tandem units within a sixty-five foot overall length limit in any state, shall be authorized to operate on the National Network and on routes of reasonable access designated by the department. The department may issue permits to allow other specialized equipment to operate on the National Network and routes of reasonable access as designated by the department.
The length limitations described in this section shall be inclusive of loads and load-holding devices, but shall be exclusive of safety and energy conservation devices, such as refrigeration and air compressors, heating units, wind deflectors, flexible fender extensions, mudflaps and splash and spray suppressant devices, and other devices which the department may determine are necessary for safe and efficient operation of commercial motor vehicles, provided, however, that no device excluded under this section shall have by its design or use the capability to carry cargo. Any other safety or conservation devices shall be allowed only in such manner and to such extent as may be determined by the department.
Section 19G. A motor vehicle authorized to operate on the National Network under the provisions of section nineteen F of this chapter may also operate on routes of reasonable access as determined by the department as provided herein, between (1) the said specified segments of the National Network, and (2) terminals, facilities for food, fuel, repairs and rest and points of loading and unloading for household goods carriers.
The operator of any terminal may apply to the department for, and the department may issue, a special permit designating a route of reasonable access for use by motor vehicles authorized to operate on the National Network under said section nineteen F of this chapter, between the National Network and such terminal, and such permit may be subject to such conditions as the department may determine are necessary for promoting public safety and convenience. The department may, from time to time, revoke such special permit. In determining whether or not a proposed route of reasonable access to a terminal should be so designated, the department shall consider the proximity of the terminal to the National Network; the physical dimensions and safety characteristics of ways included in the proposed route, the physical dimensions and safety characteristics of the forty-eight foot semi-trailers and tandem units as each relates to the ways included in the proposed route, the current and projected traffic volumes and capacities of such ways, whether the terminal was established and operating prior to January first, nineteen hundred and eighty-four, and such other criteria as the department may determine necessary for promoting the public safety and convenience.
The department may, from time to time, determine routes of reasonable access to facilities for food, fuel, repairs and rest, and may, from time to time, revoke any or all such determinations or routes of reasonable access. The department may, from time to time, make such determinations or promulgate such regulations or issue such permits as may be necessary to provide reasonable access for a household goods carrier from the National Network to a point of loading or unloading, and may, from time to time, revoke or amend such determinations, regulations, or permits.
The department may promulgate rules and regulations in accordance with the provisions of chapter thirty A to carry out the provisions of this section.
SECTION 10. Section 20 of said chapter 90 is hereby amended by inserting, in each instance, after the words "semi-trailer unit" wherever they appear, the following words:- or tandem units.
SECTION 11. Said section 20 of said chapter 90, as appearing in section 60 of chapter 233 of the acts of 1983, is hereby amended by striking out, in line 31, the word, "greater" and inserting in place the following words:- the greater of such weights.
SECTION 12. Nothing in this act shall prohibit the use of trailers or semi-trailers of such dimensions authorized by applicable law in the commonwealth and in actual and lawful use on December first, nineteen hundred and eighty-two.
SECTION 13. Within one year after the effective date of this act, the department of public works shall hold public informational hearings in the Springfield, Worcester and Lowell areas and at such other locations that said department shall determine. Said department shall submit to the clerk of the house of representatives and the committee on transportation a detailed report on the operations of tandem trailers, as defined in this act, on the roads of the commonwealth. Said report shall contain, but not be limited to, public input, safety data, permit requests for reasonable access and rejection of same with reasons for rejection, and locations and details of accidents involving tandem trailer operation.
SECTION 14. Said department shall study the operation of vehicles authorized under this act on state highway routes 2 and 3 and shall determine the need and feasibility of adding an additional lane to said routes.