PETITION OF:

SECTION 1. Section 1 of chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word “rest”, in line 122, 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. 2003 and later model year low speed vehicles, 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 2. Chapter 90 of the General Laws as so appearing is hereby further amended by adding the following section:- Section 1E. 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 30 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 30 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 30 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 sixteen years of age nor by any person not possessing a valid driver's license, except that a person who is at least sixteen 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 twenty-one 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 one 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 six, is equipped as provided by Federal Motor Vehicle Safety Standards for Low Speed Vehicles and as my 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 thirty-four A. Low speed vehicles shall be subject to annual inspection as required by section 7A, except that electrically powered low speed vehicles shall not be subject to the test for emissions. 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.

Every Massachusetts dealer engaged in the business of buying, selling, leasing or renting low speed vehicles shall, upon the sale, lease or rental of such low speed vehicle to a retail customer provide a notice printed in at least 10 point type. Such notice shall be signed by the purchaser, leaser or renter with a copy given to him and a copy retained by said dealer. [The contents of such notice shall be determined by the Registrar] or Said notice shall contain the following:

Operation of Low Speed Vehicle In Massachusetts

License/Permit required: This is a low speed vehicle under Massachusetts law and it is required to be registered and insured before it can be operated on a public way. You must have a valid driver's license or learner's permit to operate this motor vehicle. The holder of a learner's permit or Junior Operator's license is subject to the restrictions applicable to his/her license/permit.

Speed Limits Maximum Operating Speed: This vehicle cannot travel more than 25 MPH.

Operation Prohibited on Limited Access or Express State Highways: This vehicle may not be operated legally on or across limited access or express state highways and ways where signs specifically prohibiting low speed vehicles have been posted.

Operation May be Prohibited Elsewhere: You may not operate This vehicle may not be operated legally anywhere where signs have been posted specifically prohibiting their use.No Operation Where Speed Limit Exceeds 30 Miles Per Hour: You may not operate This vehicle may not be operated legally on any portion of a street or highway if the speed limit on that portion of the street or highway is greater than 30 miles per hour. If the speed limit increases above 30 miles per hour on the portion of the street or road immediately ahead, you must get off the street or road, if it is safe to do so, after making the appropriate turn signal. If it is not safe to do so, you must move the vehicle as far as possible off of the road surface and wait until a police officer or other public safety officer can direct the safe movement of the vehicle.

Crossing Roads with a speed limit greater than 30 Miles Per Hour: You may cross a road or street at an intersection where the road or street has a posted speed limit of more than 30 miles per hour if the crossing begins and ends on a roadway with a speed limit of 30 miles per hour or less, except that you shall not cross an intersection on a state highway unless the intersection is controlled by signal lights or other traffic control devices that cause traffic on state highways to slow or stop to permit vehicles to cross, or unless the highway department has erected signs indicating that crossing of the highway by low speed vehicles is permitted.

Subject to All Traffic Laws: You are subject to all traffic laws and regulations of Massachusetts.

Out-of State Operation: It may be illegal to operate this vehicle in other states so check with each state before you do.

The registrar may make and enforce reasonable rules and regulations to carry out the provisions of this section.

A person convicted of a violation of this section shall be punished by a fine of not more than Seventy-five dollars for the first offense, not less than Seventy-five nor more than One hundred-fifty dollars for a second and each subsequent offense.

Whoever being licensed as a dealer in the State of Massachusetts and engaged in the business of buying, selling, leasing or renting low speed vehicles, fails to provide a retail customer with the notice required by this section upon the sale, lease or rental of a low speed vehicle, shall be fined twenty-five dollars for each such occurrence. A person convicted of a violation of this section, the penalty for which is not otherwise provided, shall be fined pursuant to the provisions of section 20.

Section 3. Section 2E of Chapter 85 of the General Laws, as appearing in the 2000 Official edition, is hereby amended by inserting a second paragraph:-
In addition to the prohibitions contained in Section 1E 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 4. This act shall take effect upon its passage.