PETITION OF:

SECTION 1. The 12th paragraph of section 113B of chapter 175, as appearing in the 2004 Official Edition, is hereby amended by inserting after the second sentence, the following nine sentences:— The plan shall provide that said premium adjustment shall be reduced to reflect the approximate dollar amount of an increase attributable to one unsafe driver point for each year an individual driver has no surchargeable incidents within the 3 years immediately preceding the applicable rate year. The commissioner shall promulgate new regulations to reflect changes in the Schedule of Surcharge Points, as defined in 211 CMR 134:15. At fault accidents as deemed surchargeable by the safe driver insurance plan, as defined in 211 CMR 134.15, shall be classified by three categories. Accidents resulting in a collision, limited collision, or property damage liability claim payment of more than $800 but not exceeding $2500, shall be deemed “minor” accidents and shall be assigned three surchargeable points under the plan. Accidents resulting in $2500 but not exceeding $5000 in said liability claim payments shall be deemed “moderate” accidents and shall be assigned four points. Accidents resulting in said liability claim payments greater than $5000 shall be deemed “major” accidents and shall be assigned five points. The commissioner shall be authorized to create an additional surchargeable classification for drivers who commit two or more major traffic law violations as defined in 211 CMR 134.10(4)(c). Said major violation, if committed more than once in the policy experience period as established by the plan, shall be deemed a “major repeat” traffic law violation and shall be assigned six surchargeable points under said plan. In addition, the commissioner shall be authorized to waive the loss of the credit point to any insured’s first minor traffic law violation during the policy experience period as defined in 211 CMR 134.10(4)(d), provided that said violation is non-criminal as defined by chapter 90C.

SECTION 2. The 13th paragraph of said section 113B of said chapter 175, as so appearing, is hereby amended by striking out the word “five” in line 224 and inserting the word “three.”

SECTION 3. Said 13th paragraph of said section 113B of said chapter 175 is further amended by inserting after the fourth sentence the following sentence:— The Commissioner shall promulgate regulations relative to abolishing the three year Clean Slate Rule and providing that said premium adjustment shall be reduced to reflect the approximate dollar amount of an increase attributable to one unsafe driver point for each year an individual driver has no surchargeable incidents within the three years immediately preceding the applicable rate year. For the purposes of this act, the Clean Slate Rule is defined by 211 CMR 134:11.

SECTION 4. In accordance with sections 1 and 2 of this act, with respect to the plan made effective on January 1, 2002, the premium adjustment for and class of driver attributable in whole or in part to surchargeable incidents with surcharge dates prior to the effective date of the act shall be reduced pursuant to said section 1, provided however, that said driver has no surchargeable incidents in the three preceding rate years from the effective date of this act.