SENATE . . . . . . . . . . . . . . No. 2639 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ SENATE, March 7, 2024. The committee on Transportation, to whom was referred the petitions (accompanied by bill, Senate, No. 2212) of Brendan P. Crighton for legislation relative to the Move Over Law; (accompanied by bill, Senate, No. 2240) of Anne M. Gobi for legislation relative to updating the state "Move Over" law; (accompanied by bill, House, No. 3329) of Kenneth I. Gordon relative to the move over law; and (accompanied by bill, House, No. 3479) of Steven George Xiarhos and Jessica Ann Giannino relative to the move over law, so-called, report the accompanying bill (Senate, No. 2639). For the committee, Brendan P. Crighton 1 of 3 FILED ON: 2/5/2024 SENATE . . . . . . . . . . . . . . No. 2639 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act relative to the Move Over Law. 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. Section 7C of chapter 89 of the General Laws, as appearing in the 2020 2Official Edition, is hereby amended by inserting after the definition of “Recovery vehicle” the 3following definition:- 4 "Utility vehicle," a vehicle being used to install, maintain, repair, operate or restore 5communications service, electric or gas distribution or transmission service in an emergency and 6that is operated by an employee of or a person under contract with a company incorporated for 7the transmission of intelligence by electricity or by telephone or an electric distribution, 8transmission or distribution company as defined by section 1 of chapter 164. 9 SECTION 2. Subsection (b) of said section 7C of said chapter 89, as so appearing, is 10hereby amended by inserting after the words “maintenance vehicle”, the following words:- “, 11utility vehicle”. 2 of 3 12 SECTION 3. Paragraph (1) of said subsection (b) of said section 7C of said chapter 89, as 13so appearing, is hereby amended by inserting after the words “maintenance vehicle”, the 14following words:- “, utility vehicle”. 15 SECTION 4. Section 7C of chapter 89 of the General Laws, as so appearing, is hereby 16amended by striking out subsection (c) and inserting in place thereof the following:- 17 (c) Violation of this section may be punished by a fine of $250 for a first offense, by a 18fine of $1000 for a second offense, and by a fine of $2,500 for a third or subsequent offense; 19provided that any violation that results in injury to another person may be punished by a fine of 20$5,000 or up to one year in a jail or house of correction. 21 SECTION 5. Said section 7C of said chapter 89, as so appearing is further amended, by 22adding the following subsections:- 23 (d) In addition to any fines pursuant to subsection (c), an operator who commits a second 24offense shall be required to complete a program selected by the registrar of motor vehicles that 25encourages a change in driver behavior and attitude about the “Move Over Law”. 26 (e) A first or second offense under this Section shall not be a surchargeable incident 27under section 113B of chapter 175 or under a motor vehicle liability policy as defined in section 2834A that is issued pursuant to said chapter 175; provided, however, that a third or subsequent 29offense shall be a surchargeable incident under said section 113B of said chapter 175 or under a 30motor vehicle liability policy as defined in said section 34A that is issued pursuant to said 31chapter 175. 3 of 3 32 (f) The registrar of motor vehicles, in cooperation with the highway safety division, the 33department of elementary and secondary education, the department of higher education, the 34department of state police and municipal law enforcement, shall develop and implement an 35annual public awareness campaign for junior and adult operators. The campaign shall include, 36but not be limited to, the dangers and consequences of distracted driving, information on the 37restrictions of mobile telephone and mobile electronic device use while operating a motor 38vehicle under sections 8M, 12A, 13, and 13B of chapter 90 of the General Laws, information on 39the fines and punishments that may be imposed for violations of said chapter 90 and bicycle 40safety. The registrar of motor vehicles shall include information on the hazards of distracted 41driving in each revised publication of the driver’s manual.