Legislative Update continued from page 13
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Senate Passes Traffic Safety Legislation; Construction Zone Safety Initiative Included
he final full week of April saw the Massachusetts Senate pass Senate Bill 2214, An Act to Reduce Traffic Fatalities, a bill designed to further enhance the state’s best-in-nation status for lowest rate of accident fatalities. The legislation, which provides a variety of initiatives aimed at the safety of vulnerable road users such as bicyclists, pedestrians and other road users, was passed by the Senate last session as well. The legislation is notable to the construction industry for two reasons: the mandate to install sideguards or lateral protective devices for those contractors with state contracts and the inclusion of construction safety zone improvements. With respect to the issue of mandated equipment, the legislation specifically provides that: “A motor vehicle, trailer, semi-trailer or semitrailer unit classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,000 pounds or more, that is leased or purchased by the Commonwealth or operated under a contract with the Commonwealth shall be equipped with a lateral protective device, convex mirrors and crossover mirrors. This paragraph shall not apply to ambulances, firefighting apparatus, low-speed vehicles, agricultural tractors or any other classes or types of vehicles as determined by the registrar. The registrar shall adopt regulations establishing standards, consistent with the United States Department of Transportation Volpe Center’s side guard standard DOT-VNTSCOSTR-16-05, and specifications for the size, design, and mounting of lateral protective devices, convex mirrors and crossover mirrors. The registrar may provide alternative means of compliance with the convex mirror, crossover mirror and lateral protective device requirements. A contractor’s failure to comply with this paragraph may be grounds for termination of the contract and may be punished by a fine of not more than $500 for the first offense and not more than $1,000 for a second or subsequent offense.” The mandated equipment requirement shall not apply to a motor vehicle, trailer, semi-trailer or semitrailer unit that is operated under a contract with the Commonwealth that was entered into before JanuMAY, 2019
ary 1, 2024, but will apply to all qualifying vehicles after that date. In passing the traffic safety legislation, Senate Minority Leader Bruce Tarr successfully attached an amendment to improve safety in areas designated as construction zones, so-defined as places along public highways or adjacent rights of way where construction, repair, maintenance, or survey work is being performed. The language grants MassDOT the authority to implement reduced speed limits and increased construction zone fines. Existing law does not currently allow for applicable fines to be doubled in the work zone. This legislation, having passed the Senate, moved to the Massachusetts House of Representatives where it was assigned to the House Committee on Ways and Means. continued on page 17
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