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| 2 | 2 | | SENATE DOCKET, NO. 72 FILED ON: 1/10/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2240 |
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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 | | Anne M. Gobi |
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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 updating the state "Move Over" law. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and Hampshire 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 72 FILED ON: 1/10/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2240 |
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| 18 | 18 | | By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2240) of Anne M. Gobi for legislation |
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| 19 | 19 | | relative to updating the state "Move Over" law. 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 updating the state "Move Over" law. |
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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. Chapter 89 of the General Laws is hereby amended in section 7C (a) by |
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| 29 | 29 | | 2adding the following definition: |
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| 30 | 30 | | 3 “Disabled vehicle”, a motor vehicle that has been abandoned or rendered inoperable by |
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| 31 | 31 | | 4mechanical failure or accident. |
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| 32 | 32 | | 5 And further, by striking out subsection (2) © in its entirety and inserting in place thereof |
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| 33 | 33 | | 6the following:- |
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| 34 | 34 | | 7 (c) Violation of this section may be punishable by a fine of $250 for a first offense, by a |
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| 35 | 35 | | 8fine of $500 for a second offense, and by a fine of $1,000 for a third or subsequent offense; |
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| 36 | 36 | | 9provided that any violation that results in bodily injury may be punishable by a fine of $2500 or |
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| 37 | 37 | | 10up to one year in a jail or house of correction. |
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| 38 | 38 | | 11 And further, at the end after (c) by adding the following section: 2 of 2 |
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| 39 | 39 | | 12 (d) In addition to any fines pursuant to subsection c, an operator who commits a second |
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| 40 | 40 | | 13or third offense shall be required to complete a program selected by the registrar of motor |
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| 41 | 41 | | 14vehicles that encourages a change in driver behavior and attitude about the “Move Over Law” to |
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| 42 | 42 | | 15be paid by the violator. |
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| 43 | 43 | | 16 (e) A first or second offense under this section shall not be a surchargeable incident under |
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| 44 | 44 | | 17section 113B of chapter 175 or under a motor vehicle liability policy as defined in section 34A |
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| 45 | 45 | | 18that is issued pursuant to said chapter 175; provided, however, that a third or subsequent offense |
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| 46 | 46 | | 19or a violation that results in bodily injury shall be a surchargeable incident under said section |
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| 47 | 47 | | 20113B of said chapter 175 or under a motor vehicle liability policy as defined in said section 34A |
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| 48 | 48 | | 21that is issued pursuant to chapter 175. |
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