Text of an amendment offered by Mr. DeLeo of Winthrop to the Senate Bill relative to operating a motor vehicle when approaching stationary emergency vehicles (Senate, No. 2103, amended).
December 11, 2008.
The Commonwealth of Massachusetts
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In the Year Two Thousand and Eight.
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Striking out all after the enacting clause and inserting in place thereof the following:—
“SECTION 1. Chapter 89 of the General Laws is hereby amended by inserting after section 7B the
following section:-
Section 7C. (a) As used in this section the following words shall, unless the context clearly requires
otherwise, have the following meanings:
„Emergency response vehicle‟, a fire apparatus, police vehicle, ambulance, or disaster vehicle.
„Highway maintenance vehicle‟, a vehicle used for the maintenance of highways and roadways: (1)
that is owned or operated by the executive office of transportation and public works, a county, a
municipality or any political subdivision thereof; or (2) that is owned or operated by a person under
contract with the executive office of transportation and public works, a county, a municipality or any
political subdivision thereof.
„Operator‟, any person who operates a motor vehicle as defined in section 1 of chapter 90.
„Person‟, a natural person, corporation, association, partnership or other legal entity.
„Recovery vehicle‟ a vehicle that is specifically designed to assist a disabled vehicle or to tow a
disabled vehicle.
(b) Upon approaching a stationary emergency vehicle, highway maintenance vehicle or recovery vehicle with flashing lights an operator shall:
(1) proceed with due caution, reduce the speed of the vehicle to that of a reasonable and safe speed for road conditions, and, if practicable and on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the operator‟s vehicle, yield the right-of-way by making a lane change into a lane not adjacent to that of the emergency response vehicle, highway maintenance vehicle or recovery vehicle; or
(2) if changing lanes is impracticable, proceed with due caution and reduce the speed of the vehicle to that of a reasonable and safe speed for road conditions.
(c) Violation of this section shall be punished by a fine of not more than $100.”.