Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2210 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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