PETITION OF:

SECTION 1. Section 2E of chapter 85 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding to end thereof the following paragraph:—
In addition to the prohibitions contained in section 1F of chapter 90, the department may, by regulation, prohibit the operation of low speed vehicles on ways within its jurisdiction if it determines that a way or a particular portion of the way is so heavily traveled by trucks or other large vehicles as to represent an unreasonable risk of death or serious injury to occupants of low speed vehicles. The department shall post signs where necessary to provide notice to the public of such prohibited access.

SECTION 2. Section 1 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Low-boy boat transporter” the following definition:—
“Low-speed motor vehicle”, any four wheeled motor vehicle, other than a truck, whose top speed on a paved level surface is greater than 20 miles per hour but not greater than 25 miles per hour, including neighborhood electric vehicles. All low-speed motor vehicles must comply with the Federal Motor Vehicle Safety Standards in 49 C.F.R. 571.500. Low speed vehicles, manufactured on or before December 31, 2003, in addition to meeting said federal standards, must meet any additional equipment or performance standards adopted by the commonwealth which are not inconsistent with or preempted by such federal standards. Where applicable, low-speed motor vehicles will be recognized as “alternative fuel vehicles”, “electric vehicles” or “zero emission vehicles”.

Section 3. Chapter 90 of the General Laws, as so appearing, is hereby further amended by adding the following section:—

Section 1F. Every person lawfully operating a low speed motor vehicle shall have the right to use all public ways in the commonwealth except limited access or express state highways or any other public way with a posted speed limit of more than 35 miles per hour, and shall be subject to the traffic laws and regulations of the commonwealth and the regulations contained in this section. This shall not prohibit a low-speed motor vehicle from crossing a road or street at an intersection where the road or street to be crossed has a posted speed limit of more than 35 miles per hour, but not more than 45 miles per hour, provided said intersection begins and ends on a road or street with a speed limit no higher than 35 miles per hour and is controlled by traffic signals or stop signs. The local department of public works, in consultation with the local chief of police, or any local authority may, subject to the approval of the town council, city council or board of selectmen, by regulation, prohibit the operation of low speed vehicles on any ways within its jurisdiction if it determines for any reason that a way or a particular portion of the way represents an unreasonable risk of death or serious injury or is otherwise inappropriate for use by low speed vehicles.

A low speed vehicle shall not be operated by any person under 16 years of age nor by any person not possessing a valid driver's license, except that a person who is at least 16 years of age who possesses a valid learner's permit issued to him by the registrar may operate a low speed vehicle on those ways, or portions of ways, where such operation is lawful when accompanied by an operator duly licensed by his state of residence who is 21 years of age or over, who has had at least one year of driving experience and who is occupying a seat beside the driver. The holder of a junior operator's license shall be subject to the same license restrictions applicable to that license holder in the operation of a low speed vehicle as if said license holder were operating any other motor vehicle.

A low-speed vehicle as defined in section 1 of this chapter shall not be operated upon any public way unless such vehicle is registered in accordance with the provisions of this chapter and displays the registration number as provided in section 6, is equipped as provided by Federal Motor Vehicle Safety Standards for Low Speed Vehicles and as may be provided in equipment or performance standards adopted by the commonwealth which are not inconsistent with or preempted by the federal standards, and meets the insurance certificate requirements of section 34 A. Low speed vehicles shall be subject to annual inspection as required by section 7A, for compliance with the Federal Motor Vehicle Safety Standards in 49 C.F.R. 571.500 and such other standards adopted by the commonwealth which are not inconsistent with or preempted by such federal standards. The registrar may issue registration plates displaying the International Symbol of Access for a low speed vehicle upon the same terms and conditions applicable to registrants of other motor vehicles and may issue a special parking identification placard bearing the same designation upon the same terms and conditions applicable to persons seeking a placard for a motor vehicle.

Section 4. This act shall take effect upon its passage.