Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2210 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 464 FILED ON: 1/16/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2210
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brendan P. Crighton
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to increasing operational safety for keyless ignition technology in motor
13	13	vehicles.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird EssexVanna Howard17th Middlesex2/8/2023 1 of 6
17	17	SENATE DOCKET, NO. 464 FILED ON: 1/16/2023
18	18	SENATE . . . . . . . . . . . . . . No. 2210
19	19	By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2210) of Brendan P. Crighton and
20	20	Vanna Howard for legislation to increase operational safety for keyless ignition technology in
21	21	motor vehicles. Transportation.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 2298 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to increasing operational safety for keyless ignition technology in motor
30	30	vehicles.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 90 of the General Laws is hereby amended by adding the following
34	34	2section:-
35	35	3 Section 63. (a) For the purposes of this section, the following terms shall have the
36	36	4following meanings:-
37	37	5 “Dealer,” as defined in section 1.
38	38	6 “Key,” as defined in 49 C.F.R. section 571.114. 2 of 6
39	39	7 “Key code carrying device,” a physical device which is capable of electronically
40	40	8transmitting a key code to the vehicle starting system without physical connection, other than its
41	41	9presence in the vehicle, between the device and the vehicle.
42	42	10 “Keyless ignition device,” a physical device which is capable of electronically
43	43	11transmitting a key code to the vehicle starting system without physical connection, other than its
44	44	12presence in the vehicle, between the device and the vehicle.
45	45	13 “Manufacturer,” as defined in section 1.
46	46	14 “Motor vehicle,” as defined in section 1, provided that “motor vehicle” shall not include:
47	47	15(i) motorcycles, as defined in said section 1; (ii) trailers, as defined in said section 1; or (iii) any
48	48	16motor vehicle that is rated at more than 10,000 of gross vehicular weight.
49	49	17 “Registrar,” the registrar of motor vehicles.
50	50	18 “Rental company,” as defined in section 32E1/2.
51	51	19 “Secretary,” the secretary of the department of transportation.
52	52	20 (b) Any manufacturer distributing motor vehicles intended for sale in the commonwealth
53	53	21shall: (i) install technology in each motor vehicle equipped with a keyless ignition device and an
54	54	22internal combustion engine to automatically shut off the motor vehicle after the motor vehicle
55	55	23has idled for a designated period determined by the registrar in consultation with the secretary
56	56	24pursuant to subsection (e); and (ii) install external warning technology that warns the operator if
57	57	25the key or key code carrying device has been taken outside of the motor vehicle while the engine
58	58	26is still running. 3 of 6
59	59	27 (c) Any dealer selling or leasing motor vehicles in the commonwealth shall not sell or
60	60	28lease a new or used motor vehicle equipped with a keyless ignition device and an internal
61	61	29combustion engine if the motor vehicle is not equipped with technology to automatically shut off
62	62	30the motor vehicle after the motor vehicle has idled for a designated period determined by the
63	63	31registrar in consultation with the secretary pursuant to subsection (e), or external warning
64	64	32technology that warns the operator if the key or key code carrying device has been taken outside
65	65	33of the motor vehicle while the engine is still running. Any dealer that intends to sell or lease a
66	66	34new or used motor vehicle equipped with a keyless ignition device and an internal combustion
67	67	35engine that is not equipped with said technology shall install said technology in the motor
68	68	36vehicle to automatically shut off the motor vehicle after the motor vehicle has idled for a
69	69	37designated period to be determine by the registrar in consultation with secretary pursuant to
70	70	38subsection (e) and shall install said external warning technology that warns the operator if the
71	71	39key or key code carrying device has been taken outside of the motor vehicle while the engine is
72	72	40still running prior to making the motor vehicle available for sale or lease.
73	73	41 (d) Any rental company renting motor vehicles in the commonwealth shall not rent to an
74	74	42individual a motor vehicle equipped with a keyless ignition device and an internal combustion
75	75	43engine if the motor vehicle is not equipped with technology to automatically shut off the motor
76	76	44vehicle after the motor vehicle has idled for a designated period determined by the registrar in
77	77	45consultation with secretary pursuant to subsection (e) and external warning technology that
78	78	46warns the operator if the key or key code carrying device has been taken outside of the motor
79	79	47vehicle while the engine is still running. Rental companies shall notify individuals that the motor
80	80	48vehicle they are seeking to rent is equipped with a keyless ignition device and shall explicitly
81	81	49instruct the individual on the operation of the keyless ignition device which shall include, but not 4 of 6
82	82	50be limited to: (i) operation of technology to automatically shut off the motor vehicle after the
83	83	51motor vehicle has idled; and (ii) technology installed in the vehicle to warn the operator that the
84	84	52engine is on after departing the vehicle.
85	85	53 (e) The registrar in consultation with the secretary shall establish a designated period
86	86	54after which a motor vehicle shall automatically shut off pursuant to this section, which shall
87	87	55include, but shall not be limited to, a period of time as necessary to prevent carbon monoxide
88	88	56poisoning. The registrar may designate different periods for different types of motor vehicles,
89	89	57depending on the rate at which the motor vehicle emits carbon dioxide, and if requiring a
90	90	58different period for a type of motor vehicle is consistent with the prevention of carbon monoxide
91	91	59poisoning.
92	92	60 (f) Individuals who purchase a motor vehicle found to be in violation of subsections (b),
93	93	61(c), and (d) shall receive protections and shall be eligible to seek remedies established under
94	94	62section 7N through section 7N1/2, inclusive.
95	95	63 (g) Failure to comply with subsections (b), (c) or (d) shall constitute an unfair or
96	96	64deceptive act under chapter 93A, and the attorney general may promulgate regulations detailing
97	97	65unfair or deceptive methods, acts or practices that constitute violations of said subsections (b),
98	98	66(c) or (d). The undersecretary of consumer affairs and business regulation shall notify the office
99	99	67of the attorney general of any method, act, or practice that the undersecretary determines to be a
100	100	68violation of this section.
101	101	69 SECTION 2. Section 7A of said chapter 90, as appearing in the 2018 Official Edition, is
102	102	70hereby amended by inserting after the fifth paragraph the following paragraph:- 5 of 6
103	103	71 The registrar shall establish rules and regulations providing for the inclusion of keyless
104	104	72ignition devices as part of the initial and annual motor vehicle inspection for motor vehicles
105	105	73manufactured after January 1, 2021, pursuant to this section, provided that the rules and
106	106	74regulations shall include, but shall not be limited to: (i) the identification of if the motor vehicle
107	107	75has a keyless ignition device; (ii) the identification of if the motor vehicle with a keyless ignition
108	108	76device is equipped with automatic shut off technology required pursuant to section 63; (iii) the
109	109	77identification of if the motor vehicle with a keyless ignition device is equipped with external
110	110	78warning technology that warns the operator if the key or key code carrying device has been taken
111	111	79outside of the motor vehicle while the engine is still running required pursuant to said section 63;
112	112	80and (iv) safety inspection requirements for the functionality of the keyless ignition device,
113	113	81automatic shut off technology, and external warning technology.
114	114	82 SECTION 3. Clause (b) of the first paragraph of section 7V of said chapter 90, as so
115	115	83appearing, is hereby amended by striking out, in line 15, the word “and”.
116	116	84 SECTION 4. Said first paragraph of said section 7V of said chapter 90, as so appearing,
117	117	85is hereby further amended by striking out, in line 20, the word “fee.” and inserting in place
118	118	86thereof the following words:- fee; and
119	119	87 (d) The requirement that all motor vehicles failing to comply with the provisions of
120	120	88section 63 or vehicles with present safety issues of concern related to the keyless ignition device,
121	121	89automatic shut off technology, or external warning technology as established by the registrar
122	122	90pursuant to section 7A shall be issued a certificate of rejection indicating that the motor vehicle
123	123	91has failed the safety inspection as required by said section 7A. 6 of 6
124	124	92 SECTION 5. Sections 1 through 4, inclusive, of this act shall take effect 2 years
125	125	93following the date of its passage.