Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after section 35F the following section:-
Section 35G. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Motorcycle Safety Fund for motorcycle safety related activities. Said fund shall consist of all revenue received by the commonwealth under section thirty-four of chapter ninety and which is specifically designated therein for said Motorcycle Safety Fund.
All revenues credited under this section shall remain in said Motorcycle Safety Fund, subject to appropriation, to establish motorcycle safety related activities which shall include, but not be limited to, funding approved rider safety courses for improved rider safety, instructor training promotion, public awareness and licensing equipment. Said fund shall be expended only for the purposes stated above and in accordance with the provisions of section fifteen of chapter twenty-two. The state treasurer shall not deposit said revenues in or transfer said revenues to the General Fund or any other fund other than the Motorcycle Safety Fund.
SECTION 2. Chapter 22 of the General Laws is hereby amended by adding the following section:-
Section 15. The director of the highway safety bureau, hereinafter referred to as the bureau, in consultation with the secretary of the executive office of public safety shall administer the motorcycle safety program.
The bureau, in consultation with the secretary of the executive office of public safety, shall appoint a training specialist whose duties shall include but not be limited to overseeing the training courses, establishing programs and funding guidelines and supervising instructors. Said training specialist shall be a certified instructor and hold a valid license to operate a motorcycle.
The bureau shall promulgate rules and regulations to establish minimum requirements for the qualifications for a motorcycle rider education instructor. The minimum requirements shall include, but not be limited to, the following: (a) the instructor shall be at least eighteen years of age and shall hold a valid motorcycle license or endorsement; (b) the instructor shall have at least two years of motorcycle riding experience; (c) the instructor's motorcycle driver's license shall not have been suspended or revoked any time during the immediately preceding two years; (d) the instructor shall have no convictions for driving under the influence of alcohol or drugs during the immediately preceding five years and (e) the instructor shall have a motorcycle safety instructor training certification approved by the bureau.
Said bureau in its rules and regulations shall establish an application procedure and guidelines to be followed by organizations applying for grants to establish motorcycle rider training courses. In its review of a proposal the bureau shall consider the comprehensiveness and probable effectiveness of such proposals and their compatibility with existing rider education programs. Each grant recipient shall be subject to periodic reporting requirements as established by the bureau outlining the administration and effectiveness of their programs. The bureau may also provide grants for technical assistance.
The bureau shall annually file a report on expenditures from the Motorcycle Safety Fund, established pursuant to section thirty-five G of chapter ten, with the clerk of the house of representatives who shall forward said report to the house and senate committees on ways and means and the commissioner of administration. Such report shall include the name of each grant recipient and the amount of funds received by each recipient and shall provide an evaluation of the overall effectiveness of the funded programs including the number of motorcycle accidents, the number of motorcycle fatalities and injuries and any recommendations for programmatic changes.
SECTION 3. The first paragraph of section 8B of chapter 90 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by inserting after the fourth sentence the following sentence:- If such applicant fails the driving test twice he shall be required to successfully complete a course of study at an approved rider training school as provided for in section fifteen of chapter twenty-two, prior to scheduling a subsequent driving test.
SECTION 4. Section 34 of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-
Notwithstanding the aforesaid provisions two dollars from each motorcycle registration fee shall be paid by the registrar or by the person collecting the same into the treasury of the commonwealth and shall be credited on the books of the commonwealth to the Motorcycle Safety Fund established pursuant to the provisions of section thirty-five G of chapter ten.
SECTION 5. Section 113B of chapter 175 of the General Laws, as most recently amended by chapter 484 of the acts of 1986, is hereby further amended by inserting after the second paragraph the following paragraph:-
In fixing and establishing classifications of risks, the commissioner shall establish rates for graduates of motorcycle rider training programs administered pursuant to the provisions of section fifteen of chapter twenty-two which shall be ten per cent less than the applicable rate for such classification.
SECTION 6. The registrar of motor vehicles shall establish rules and regulations for approved motorcycle rider training schools and shall also establish a motorcycle rider training advisory committee, to assist in the promulgation of said rules and regulations. The committee shall consist of seven members including the secretary of the executive office of public safety or his designee, the registrar of motor vehicles or his designee, and the director of the governor's highway safety bureau or his designee and four members to be appointed by the governor as follows: one of whom shall be a motorcycle dealer, one of whom shall be an instructor at a motorcycle riding school, and two of whom shall be motorcycle riders. Members of the committee shall serve without compensation for their services in said capacity. The committee shall submit to the registrar its recommendations no later than June thirtieth, nineteen hundred and eighty-seven at which time the committee shall terminate.