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| 2 | 2 | | HOUSE DOCKET, NO. 1292 FILED ON: 1/18/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3474 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Thomas P. Walsh |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to roadway safety. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Thomas P. Walsh12th Essex1/18/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1292 FILED ON: 1/18/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3474 |
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| 18 | 18 | | By Representative Walsh of Peabody, a petition (accompanied by bill, House, No. 3474) of |
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| 19 | 19 | | Thomas P. Walsh relative to the removal of ice and snow from motor vehicles. Transportation. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Third General Court |
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| 23 | 23 | | (2023-2024) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to roadway safety. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 Section 1: |
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| 29 | 29 | | 2 Section 36 of chapter 85 of the MGL as appearing in the 2020 edition, his hereby |
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| 30 | 30 | | 3amended by inserting at the end thereof the following: |
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| 31 | 31 | | 4 Section 36A |
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| 32 | 32 | | 5 1. Except as otherwise provided in this section, a driver of a motor vehicle or motor |
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| 33 | 33 | | 6carrier vehicle being operated on a public roadway of this Commonwealth shall make reasonable |
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| 34 | 34 | | 7efforts to remove accumulated ice or snow from the motor vehicle or motor carrier vehicle, |
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| 35 | 35 | | 8including the hood, trunk and roof of the motor vehicle or motor carrier vehicle, within 24 hours |
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| 36 | 36 | | 9after the cessation of the falling snow or ice. |
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| 37 | 37 | | 10 Paragraph (1) shall not apply if: 2 of 2 |
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| 38 | 38 | | 11 (i) the driver of the motor carrier vehicle, mass transit vehicle, bus or school bus is en |
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| 39 | 39 | | 12route to a facility to remove accumulated ice or snow at the time of the stop under paragraph (3); |
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| 40 | 40 | | 13or |
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| 41 | 41 | | 14 (ii) compliance with this section would cause the driver of the motor carrier vehicle, mass |
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| 42 | 42 | | 15transit vehicle, bus or school bus to violate any other Federal or State law or regulation regarding |
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| 43 | 43 | | 16workplace safety or would be a threat to the health and safety of the driver. |
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| 44 | 44 | | 17 (iii) A driver of a motor vehicle or motor carrier vehicle who violates this subsection may |
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| 45 | 45 | | 18be stopped on a public roadway by a police officer if the police officer believes the accumulated |
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| 46 | 46 | | 19ice or snow may pose a threat to persons or property. |
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| 47 | 47 | | 20 |
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| 48 | 48 | | 21 2. A violation of this section shall be subject to a penalty as promulgated in chapter 85, |
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| 49 | 49 | | 22section 36 of the Massachusetts General Laws. |
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