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2 | 2 | | SENATE DOCKET, NO. 1403 FILED ON: 1/19/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2203 |
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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 | | Nick Collins |
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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 autocycles. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Nick CollinsFirst Suffolk 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 1403 FILED ON: 1/19/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2203 |
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18 | 18 | | By Mr. Collins, a petition (accompanied by bill, Senate, No. 2203) of Nick Collins for legislation |
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19 | 19 | | relative to autocycles. Transportation. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 2278 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to autocycles. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 1 of chapter 90 of the General Laws, as most recently amended by |
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31 | 31 | | 2section 33 of chapter 122 of the acts of 2019, is hereby amended by inserting after the definition |
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32 | 32 | | 3of “auto home” the following definition:- |
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33 | 33 | | 4 “Autocycle,” a motor vehicle with three wheels on the ground that has a steering wheel |
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34 | 34 | | 5and seating that does not require the operator or passenger to straddle or sit astride it and which |
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35 | 35 | | 6vehicle has been certified to the National Highway Traffic Safety Administration (NHTSA) by |
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36 | 36 | | 7its manufacturer as meeting Federal Motor Vehicle Safety Standards (FMVSS) for a motorcycle |
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37 | 37 | | 8and is designed by its manufacturer to be operated on public ways. |
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38 | 38 | | 9 SECTION 2. Said chapter 90 is hereby further amended by inserting after section 1I the |
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39 | 39 | | 10following section:- 2 of 3 |
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40 | 40 | | 11 Section 1J. Autocycles. |
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41 | 41 | | 12 (a) Registration. Notwithstanding the definition of ‘Motorcycle’ in section 1 and the |
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42 | 42 | | 13provisions of Section 1I, the registrar shall register a three-wheeled motor vehicle as an |
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43 | 43 | | 14autocycle if it meets the definition of autocycle in section 1 and other criteria listed herein. The |
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44 | 44 | | 15registrar shall issue an ‘Autocycle’ registration plate in a size determined by the registrar to be |
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45 | 45 | | 16appropriate. Any vehicle previously registered as a motorcycle that fits the definition of |
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46 | 46 | | 17‘Autocycle’ shall be registered as an ‘Autocycle’ upon the expiration of any existing motorcycle |
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47 | 47 | | 18registration. |
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48 | 48 | | 19 (b) Safety Requirements. |
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49 | 49 | | 20 (1) Helmets. Every person operating an autocycle or riding as a passenger in an autocycle |
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50 | 50 | | 21shall wear protective head gear conforming with the standards of construction and performance |
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51 | 51 | | 22set forth for motorcycle operators or passengers. |
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52 | 52 | | 23 (2) Safety Belts. Every autocycle shall be equipped by the vehicle’s manufacturer with a |
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53 | 53 | | 24safety belt properly anchored to the vehicle or a safety belt approved by the registrar during the |
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54 | 54 | | 25inspection process. Every person operating an autocycle or riding as a passenger in an autocycle |
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55 | 55 | | 26shall be properly secured by a safety belt while the autocycle is in motion. |
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56 | 56 | | 27 (3) Additional Restriction Concerning Child Passengers in Autocycles. No person under |
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57 | 57 | | 28the age of 8 that measures less than 57 inches in height shall be a passenger in an autocycle. |
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58 | 58 | | 29 (c) Operating License Requirements. An autocycle may be operated by any person |
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59 | 59 | | 30possessing a valid license to operate a motor vehicle. An autocycle shall not be operated by a |
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60 | 60 | | 31person holding only a motorcycle license (Class M). 3 of 3 |
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61 | 61 | | 32 An autocycle shall not be operated by a person holding only a learner’s permit, and the |
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62 | 62 | | 33holder of any class of learner’s permit may not be tested for any license in an autocycle. |
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63 | 63 | | 34 (d) Slow-Moving Autocycles. If the autocycle is a low-speed motor vehicle as described |
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64 | 64 | | 35in section 1L of chapter 90, it shall be subject to the provisions said section 1I of said chapter 90 |
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65 | 65 | | 36applicable to low-speed three-wheeled motor vehicles, and the registrar, in exercising its |
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66 | 66 | | 37discretion to determine whether an autocycle is a low-speed vehicle, may issue a distinctive |
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67 | 67 | | 38registration plate for such autocycle indicating its speed restrictions. |
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68 | 68 | | 39 (e) Regulations. Autocycles shall be considered motorcycles for purposes of inspections |
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69 | 69 | | 40and the registrar may amend its regulations for the inspection of motorcycles under 540 C.M.R. |
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70 | 70 | | 414.06, where necessary, to apply to autocycles. The registrar shall have the authority to |
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71 | 71 | | 42promulgate additional regulations relative to titling, registration and equipment standards for |
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72 | 72 | | 43autocycles in accordance with this section. |
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73 | 73 | | 44 (f) Additional Penalties. Any person who operates an autocycle on a way without wearing |
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74 | 74 | | 45protective head gear or safety belts as required herein shall be subject to a fine of not less than |
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75 | 75 | | 46$25. A person who operates an autocycle on a way without a valid license for operation of an |
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76 | 76 | | 47autocycle or who operates an autocycle with a motorcycle license shall be deemed to be |
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77 | 77 | | 48operating a motor vehicle without a license in violation of section 10. |
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