HOUSE DOCKET, NO. 4200 FILED ON: 4/26/2021
HOUSE . . . . . . . . . . . . . . . No. 3706
The Commonwealth of Massachusetts
_________________
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE · BOSTON, MA 02133
(617) 725-4000
CHARLES D. BAKER KARYN POLITO
GOVERNOR LIEUTENANT GOVERNOR
April 26, 2021
To the Honorable Senate and House of Representatives,
During the last legislative session, our partnership and mutual goal of improving roadway
safety delivered significant enhancements to the Commonwealth’s driving laws, including new
hands-free requirements to prevent and enforce distracted driving. But promoting safety, and
ultimately saving lives, is a never-ending task. For this reason, I am filing for your consideration
a bill entitled, “An Act Relative to Improving Safety on the Roads of the Commonwealth.”
Over the past year, even as the global pandemic dramatically decreased driving,
Massachusetts saw 334 roadway deaths, nearly matching the 336 deaths in 2019. Given the drop
in both total crashes and overall miles driven, this steady number of road fatalities is likely due to
generally increased speeds on near-empty highways during the pandemic. Faster drivers mean
more fatal crashes, and when coupled with Massachusetts’ poor rate of seatbelt usage, it is
clearer than ever that a primary seatbelt law is a necessary enhancement for roadway safety. I
am grateful for and applaud the Legislature’s action to update our distracted driving statutes in
2019, and am now imploring us to join the thirty-four other states who use primary enforcement
of seatbelt laws to encourage this life-saving habit. While I believe this is essential to road safety,
I am aware of concerns that such a law could be misused or misapplied and look forward to
working together to address those concerns.
As more drivers return to the road, it is also important to ensure that adequate deterrents
are in place to ensure that the rules of the road are followed. For this reason, I have included this
year the provisions of the proposed second “Haley’s Law” as championed by Marc Cremer,
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whose 20 year old daughter, Haley, was killed by a driver operating on a suspended license. The
initial Haley’s Law provided that the RMV notify local law enforcement when a driver in their
community had their license suspended for certain serious offenses, and Haley’s father, Marc
Cremer has worked tirelessly to ensure full implementation, which now includes near real-time
and electronic communication to local police departments when a driver in their community is
suspended for a serious offense. This proposal takes the next step, providing for enhanced
penalties for drivers who drive after their license has already been suspended for non-
administrative serious driving offenses, and who cause harm. These enhanced penalties match
the seriousness with which we must respond to suspended drivers who purposefully disregard the
safety of others.
As another deterrent, this legislation also includes a local option for municipalities to use
cameras for enforcement of red lights, allowing communities to fine the registered owner of a
vehicle that runs a red light. These fines would be based on vehicle registration and would not
be used in calculating surcharges or taking action against individual licenses. Studies have
shown that red light cameras, in use in over 300 communities across the nation, produce
impressive reductions in dangerous accidents and fatalities.
To ensure that only safe and qualified drivers are authorized to operate the largest
vehicles on the road, I am once again filing language presented in 2019 to address the statutory
deficiencies found during a review of the commercial driver’s license statutes and practices.
Most of these items were advanced last session by the Transportation Committee, but time ran
out to address the legislation. We look forward to working with the Legislature to ensure the
timely adoption of these important changes.
I am also refiling several provisions from last year’s safety bill, including new provisions
of law requiring state-owned heavy trucks, and state and municipally-contracted vehicles to be
equipped with convex and cross-over mirrors and sideguards to protect pedestrians, bicyclists,
and motorcyclists from being caught under a truck and run over by its rear wheels. These
provisions mirror requirements already in place in Boston, Cambridge, and in other jurisdictions
across the country.
While the pandemic slowed the growth of scooter sharing programs that were gaining in
popularity, we expect the reopening of the Commonwealth to reignite interest in these kinds of
micro-mobility options. Absent an existing statutory framework at the state level covering these
new devices – especially electric scooters – cities and towns have been unable to move forward
with allowing their use. To better understand how these new options fit into our transportation
system, we are proposing to establish an advisory group to review the use of electric scooters and
other micro-mobility devices and recommend policies to help shape the creation of a statutory
and regulatory framework.
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 The roads must be safe for all users – motorists, bicyclists, pedestrians – and this
legislation recommends additional provisions to increase the safety of all users of the right-of-
way, first by specifying in law, as do thirty-six other states, a safe passing distance of three feet
which must be observed by motor vehicle operators when passing bicyclists, pedestrians, scooter
riders, or other users of the roads. To better understand where and why crashes are happening,
this legislation also updates the requirement for crash reports to include not only crashes with
significant damage or bodily injury, but also to include any crash involving a pedestrian, cyclist,
or other “vulnerable user” in an effort to gather data to address engineering and other
deficiencies.
I know that we share the same commitment to making our roadways and streets safer for
all users. The attached proposal will move Massachusetts forward in several important areas of
road safety, with the goal of reducing roadway fatalities and injuries across the Commonwealth.
I urge your prompt enactment of these important recommendations.
Sincerely
Charles D. Baker,
Governor
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 HOUSE . . . . . . . . . . . . . . . No. 3706
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act relative to improving safety on the roads of the Commonwealth.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2018
2 Official Edition, is hereby amended by adding after subclause (u) of clause 26 the following
3 subclause:-
4 (v) Photographs and other personally identifying information collected by cities and
5 towns under chapter 90J.
6 SECTION 2. Section 4A of chapter 89, as so appearing, is hereby amended by adding the
7 following sentence:- A violation of this section while operating a commercial motor vehicle shall
8 be deemed an “improper or erratic lane change” as included within the definition of “serious
9 traffic violation” in section 1 of chapter 90F.
10 SECTION 3. Section 1 of chapter 90 of the General Laws, as amended by section 33 of
11 chapter 154 of the acts of 2018, is hereby further amended by inserting after the definition of
12 “Bus or motor bus” the following 2 definitions:-
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13 “Convex mirrors”, door-mounted, wide-angle mirrors that enable an operator to see
14 objects along the left and right sides of a motor vehicle, trailer, semi-trailer or semi-trailer unit.
15 “Cross-over mirrors”, mirrors mounted on a hood or fender that enable the operator to see
16 objects in the area immediately in front of a conventional cab hood.
17 SECTION 4. Said section 1 of said chapter 90, as so amended, is hereby further amended
18 by inserting after the definition of “Killed in action” the following definition:-
19 “Lateral protective device”, an apparatus installed on a motor vehicle, trailer, semi-trailer
20 or semi-trailer unit between the front and rear wheels to help prevent injuries to a vulnerable
21 user, particularly from falling underneath the vehicle.
22 SECTION 5. Said section 1 of said chapter 90, as so amended, is hereby further amended
23 by striking out in the definition of “School bus”, in line 379, the word “eight” and inserting in
24 place thereof the following figure:- 9.
25 SECTION 6. Said section 1 of said chapter 90, as so amended, is hereby further amended
26 by inserting after the definition of “Transporter” the following definition:-
27 “Vulnerable user”, (i) a pedestrian, including a person actually engaged in work upon a
28 way or upon utility facilities along a way or engaged in the provision of emergency services
29 within the way; or (ii) a person operating a bicycle, handcycle, tricycle, skateboard, roller skates,
30 in-line skates, non-motorized scooter, wheelchair, electric personal assistive mobility device,
31 horse, horse-drawn carriage, motorized bicycle, motorized scooter or farm tractor or similar
32 vehicle designed primarily for farm use.
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33 SECTION 7. Chapter 90 of the General Laws is hereby amended by inserting after
34 section 2I the following section:-
35 Section 2J. The registrar shall refuse to register, and shall suspend or revoke if already
36 registered, a commercial motor vehicle if the registrar has received notice, in any form which the
37 registrar deems appropriate, including electronic transmissions, that the commercial motor
38 carrier attempting to register a commercial motor vehicle has been prohibited from operating in
39 interstate commerce by a federal agency with authority to do so under federal law.
40 SECTION 8. Section 7 of said chapter 90 of the General Laws, as appearing in the 2018
41 Official Edition, is hereby amended by inserting after the third paragraph the following
42 paragraph:-
43 A class 3 or above motor vehicle, trailer, semi-trailer or semi-trailer unit, as classified by
44 the Federal Highway Administration, with a gross vehicle weight rating of more than 10,000
45 pounds, shall be equipped with a lateral protective device, convex mirrors and cross-over mirrors
46 if it is purchased or leased by the commonwealth. This paragraph shall not apply to an
47 ambulance, fire apparatus, low-speed vehicle, agricultural tractor, vehicles used exclusively for
48 snow and ice removal or any other class or type of vehicle as determined by the registrar. The
49 registrar shall adopt regulations establishing standards, consistent with the United States
50 Department of Transportation’s Volpe side guard standard DOT-VNTSC-OSTR38 16-05, and
51 specifications for the size, design and mounting of lateral protective devices, convex mirrors and
52 cross-over mirrors. The registrar may provide for exemptions consistent with this provision and
53 alternative means of compliance with the convex mirror and cross-over mirror requirement,
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54 including use of cameras and sensors, and said regulations may provide alternative means of
55 compliance for the lateral protective devices requirement.
56 SECTION 9. The fourth paragraph of said section 7 of said chapter 90, as inserted by
57 section 8 of this act, is hereby amended by adding at the end of the first sentence the following
58 words:- or operated under a contract or subcontract with the commonwealth or municipality.
59 SECTION 10. The fourth paragraph of said section 7 of said chapter 90, as inserted by
60 said section 8 of this act, is hereby further amended by adding the following sentence:- A
61 contractor’s or subcontractor’s failure to comply with this paragraph may be grounds for
62 termination of the contract and may be punished by a fine of not more than $500 for the first
63 offense and not more than $1,000 for a second or subsequent offense.
64 SECTION 11. Section 7D of said chapter 90 of the General Laws, as appearing in the
65 2018 Official Edition, is hereby amended by striking out the first sentence and inserting in place
66 thereof the following 2 sentences:- The requirements of clauses (1), (2), (3), (5), (7), (8), (9),
67 (10), (13), (16) and (17) of section 7B shall apply to any motor vehicle having permanent seating
68 accommodations for and carrying not more than 9 passengers in addition to the operator, used in
69 the business of transporting school pupils for hire under terms of contract or otherwise, while so
70 used, but not including any motor vehicle used for not more than five days in case of emergency;
71 provided, however, that the 8 lamp system, so-called, required on certain motor vehicles in
72 clause (7) of said section 7B shall not apply to vehicles specified in this section. Only anchorages
73 and seats installed as original equipment at time of manufacture of the vehicle, or retrofitted by
74 the original manufacturer of said vehicle shall be used.
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75 SECTION 12. Section 8M of said chapter 90, as so appearing, is hereby amended by
76 striking out the second paragraph and inserting in place thereof the following paragraph:-
77 A junior operator who violates the preceding paragraph shall be punished by a fine of
78 $100 and shall have his license or right to operate suspended for 60 days for a first offense; for a
79 second offense by a fine of $250 and shall have his license or right to operate suspended for 180
80 days; and for a third or subsequent offense by a fine of $500 and shall have his license or right to
81 operate suspended for 1 year. For each offense under this section, the registrar shall not reinstate
82 said license or right to operate until the operator successfully completes a program selected by
83 the registrar that encourages attitudinal changes in young drivers.
84 SECTION 13. Section 13A of said chapter 90, as so appearing, is hereby amended by
85 striking out, in lines 33 through 36, inclusive, the following sentence:-
86 The provisions of this section shall be enforced by law enforcement agencies only when
87 an operator of a motor vehicle has been stopped for a violation of the motor vehicle laws or some
88 other offense.
89 SECTION 14. Subsection (b) of section 13B of said chapter 90, as so appearing, is
90 hereby amended by adding the following sentence:- An operator who commits a second or
91 subsequent offense under this section shall not be eligible to renew his license or right to operate
92 unless, within 90 days of committing the second or subsequent offense, he completes a program
93 selected by the registrar that encourages a change in driver behavior and attitude about distracted
94 driving.
95 SECTION 15. Section 14 of said chapter 90, as so appearing, is hereby amended by
96 striking out the second sentence and inserting in place thereof the following sentence:- In passing
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 97 a vulnerable user the operator of a motor vehicle shall pass at a safe distance of not less than 3
98 feet and at a reasonable and proper speed.
99 SECTION 16. Section 15 of said chapter 90, as so appearing, is hereby amended by
100 striking out, in line 1, the word “Except”, and inserting in place thereof, the following words:- (a)
101 Except.
102 SECTION 17. Said section 15 of said chapter 90, as so appearing, is hereby further
103 amended by adding the following subsection:-
104 (b) In addition to the above, an operator of a commercial motor vehicle who has a
105 commercial driver license as defined in section 1 of chapter 90F or who is required to have a
106 commercial driver license, including the operator of a school bus, and who fails to take the
107 appropriate action as provided in clauses (1) through (6) of this subsection when approaching a
108 railroad grade crossing shall be subject to the penalties contained in this section and the periods
109 of disqualification contained in subparagraph (4) of paragraph E½ of section 9 of chapter 90F.
110 The violations are: (1) the operator is not required to always stop, but fails to slow down and
111 check that tracks are clear of an approaching train; (2) the operator is not required to always stop,
112 but fails to stop before reaching the crossing, if the tracks are not clear; (3) the operator is always
113 required to stop, but fails to stop before driving onto the crossing; (4) the operator fails to have
114 sufficient space to drive completely through the crossing without stopping; (5) the operator fails
115 to obey a traffic control device or the directions of an enforcement official at the crossing; or (6)
116 the operator fails to negotiate a crossing because of insufficient und