PETITION OF:

Denise Provost

Matthew C. Patrick

David Paul Linsky

Kathi-Anne Reinstein

Martha M. Walz

Kay Khan

David B. Sullivan

Bruce E. Tarr

Pamela P. Resor

Patricia D. Jehlen

Michael E. Festa

Elizabeth A. Malia

SECTION l. The first paragraph of section eighteen of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking said paragraph and inserting in place thereof the following:—
Section 18. For the purposes of this section the words “functionally classified local street” as defined by the Metropolitan Planning Organization shall mean a public way in a residential area and a public way between a residential and a minor commercial area. The city council, the transportation commission of the city of Boston, the board of selectmen, park commissioners, a traffic commission or traffic director, or the department, on way within their control, may make special regulations as to the speed of motor vehicles and may prohibit the use of such vehicles altogether on such ways; provided, however, that except in the case of speed regulation no such special regulation shall be effective unless it shall have been published in one or more newspapers, if there be any, published in the town in which the way is situated, otherwise in one or more newspapers published in the county in which the town is situated; nor until after the department and the registrar, acting jointly, shall have certified in writing that such regulation is consistent with the public interests; provided, however, that no posted speed limit on a functionally classified local street, shall be raised to a higher speed without the concurrence of said city or town; provided, further, that nothing herein contained shall be construed as affecting the right of the metropolitan district commission or of the department of environmental management to make rules and regulations, governing the use and operation of motor vehicles on lands, roadways and parkways under its care and control. No such rule or regulation shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than five thousand pounds and which are registered for commercial use on ways where noncommercial, passenger type motor vehicles are permitted to operate. No such regulation shall be effective until there shall have been erected, upon the ways affected thereby and at such points as the department and the registrar, acting jointly, may designate, signs, conforming to standards adopted by the department, setting forth the speed or other restrictions established by the regulation, and then only during the time such signs are in place. Any sign, purporting to establish a speed limit, which has not been erected in accordance with the foregoing provisions may be removed by or under the direction of the department.

SECTION 2. Section 18 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting between the first and second paragraph thereof the following paragraph:—
Notwithstanding the foregoing, any city or town which accepts the provisions of this paragraph may establish a speed limit of not less than 25 m.p.h. for a way which is a functionally classified local street and no state approval shall be required; provided, however that prior to establishing such speed limit such city or town shall determine the location and length of each thickly settled or business districts on functionally classified local streets, as determined by the department of highways, within such city or town and state and shall keep a map of such districts available to the public in the office of the city or town clerk; provided further, that any city or town establishing a speed limit under this paragraph, shall inform the Department of Highways of its location within thirty days after establishing such speed limit.