Governor Baker’s first proposed legislation for his second term in office focuses on various road safety measures
Now officially into his second term, Governor Baker’s Administration has announced a new road safety bill entitled “An Act Relative to Improving Safety on the Roads of the Commonwealth” as its first significant piece of legislation for 2019.
“Keeping the Commonwealth’s networks of roads as safe as possible for everyone using them is one of our administration’s top public safety priorities,” said Governor Charlie Baker. “This bill includes common-sense proposals to substantially reduce distracted driving, stiffen penalties associated with operating under the influence, improve safety requirements for certain trucks and to begin establishing a regulatory framework for new forms of transportation. We look forward to working with our colleagues in the Legislature to pass this comprehensive road safety bill into law.”
According to an official announcement from the Governor’s office, the proposal makes several important changes to the existing Strategic Highway Safety Plan. Most notably, it would require hands-free use of electronic devices while driving, which would align the Commonwealth with sixteen other states who already have enacted similar legislation, including the rest of New England. The new bill also would allow drivers to be stopped and fined for not wearing seatbelts.
Also, the proposed Bill looks to correct certain inconsistencies for those convicted of an OUI or Operating Under the Influence. Specifically, it would require first-time offenders applying for hardship licenses to be part of the Commonwealth’s ignition interlock program. A clarification of the Registry of Motor Vehicle’s powers to penalize those drivers who attempt to drive under the influence, even when part of the ignition interlock device program is also included in the legislation.
The tweaks proposed in “An Act Relative to Improving Safety on the Roads of the Commonwealth”
The following is a specific list of the major changes advocated by the Governor in his proposed legislation:
- Hands-free: Requires electronic devices to be used in “hands-free” mode and would not allow anyone operating a motor vehicle to touch or hold a mobile electronic device, “except to perform a single tap or swipe to activate, deactivate, or initiate hands-free mode.” The bill would permit talking, texting and other tasks to be completed by voice commands and would allow law enforcement officers to enforce distraction laws better.
- Primary seatbelt: Law enforcement would be permitted to stop motorists seen driving without their seatbelts buckled.
- Work zone safety: Allows MassDOT to establish mandatory temporary lower speed limits in construction zones that would double fines when workers are present.
- Ignition interlock, hardship licenses: Proposal would require the use of ignition interlock devices for first offenders who apply for hardship licenses, requiring an interlock device for a minimum of six months as a condition of obtaining a hardship license.
- Ignition interlock, penalties for violating terms of interlock program: Clarifies the ability of the Registry to penalize those who attempt to drive after drinking alcohol, (even with an interlock device), or who tampers with an interlock device.
- Side guards and additional mirrors: The proposal would require all Commonwealth-owned and operated vehicles over 10,000 pounds to have side guards, convex mirrors, and cross-over mirrors after January 1, 2020. This law would require all Commonwealth and municipal contractors to have these devices by January 1, 2022. Specific vehicle classifications would be exempt, and the proposed law would give the Registrar of Motor Vehicles authority to grant additional exemptions, in keeping with U.S. DOT standards.
- New technology: Electric scooters and other low-speed mobility devices, such as electric bicycles, currently lack a specific vehicle classification. The proposal treats these new technology items the same as bicycles according to existing Mass General Law. For example, these operators, like bicyclists would need to wear a helmet if under the age of 16, would be required to yield to people walking and provide an audible signal when passing, and could not block vehicular or pedestrian traffic when parked. Also, the law would require MassDOT to establish a micro-mobility advisory working group to propose future changes for safe adoption of emerging and undefined low-speed mobility devices.
The statistics cited in support of this bill
In arguing for the need of the above changes, the Governor noted that between 2012 and 2016, approximately 15,662 people were seriously injured and 1,820 people lost their lives on the various roadways within the Commonwealth. Also, 14 road workers lost their lives between 2009 and 2016.
To combat these statistics, the legislation gives the Massachusetts Department of Transportation (MassDOT) permission to set up temporary mandatory speed limits in construction zones. State-owned heavy trucks and state and municipally-contracted vehicles also will be required to have convex, and cross-over mirrors and “…require the installation of side guards between the front and rear wheels of these vehicles to protect people from being caught under a truck and run over by its rear wheels.”
