By Representative Provost of Somerville and Senator Jehlen, joint petition (accompanied by bill, 3602) of Denise Provost and others for legislation to require yielding the right-of-way to public transit buses reentering traffic. Transportation

 

The Commonwealth of Massachusetts

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PETITION OF:

 

Denise Provost

David B. Sullivan

Carl M. Sciortino, Jr.

Jennifer M. Callahan

 

 

 

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In the Year Two Thousand and Seven.

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 An Act relative to buses.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 

 

                In chapter 89 of the General Laws, insert after section 11 a new section:—

            Section 12. Right-of-Way: Yielding to Buses

            (a) The driver of a vehicle overtaking a transit bus shall yield the right-of-way to the bus if all of the following conditions are present:

                        (1) The transit bus has entirely exited an active traffic lane to board or deboard passengers at a designated bus stop, and is attempting to reenter the lane from which it exited.

                        (2) Directional signals on the transit bus are flashing to indicate that the bus is preparing to merge with traffic.

                        (3) The transit bus is equipped with a yield right-of-way sign on the left rear of the bus. The sign shall be both of the following:

                        (A) Designed to warn a person operating a vehicle approaching the rear of the bus that the person is required to yield the right-of-way to the bus when the bus is entering traffic.

                        (B) Illuminated by a flashing light when the bus is signaling in preparation for entering a traffic lane after having stopped to receive or discharge passengers.

             

            (b) Nothing in this section requires a transit agency to install the yield right-of-way sign described in paragraph (3) of subdivision (a).

             

            (c) This section does not relieve the driver of a transit bus from the duty to drive the bus with due regard for the safety of all persons and property.

             

            (d) As used in this section, the term “transit bus” means a motor bus or trackless trolley operated by the Massachusetts Bay Transportation Authority or by a regional transit authority, as defined in Chapter 161B.