MMA "Right-of-Way Bill" for the
2013-2014 Legislative Session
House Bill Number 3040 filed by Representative Geoff Diehl on behalf of the MMA is supported by 12 Formal Co-Sponsors and seeks accountability for motorists who injure and\or cause the death of motorcyclists as a result of Right-of-Way violations.
Formal Co-Sponsors, Christine E. Canavan, Carolyn C. Dykema, Michael R. Knapik, Sarah K. Peake, Elizabeth A. Poirier, Todd M. Smola, Bruce E. Tarr, David T. Vieira, James R. Miceli, Bradford Hill, Randy Hunt, Marc T. Lombardo, Massachusetts Motorcycle Association, Rick Gleason - Legislative Director
Currently, if a motorist violates the motorcyclists' Right of Way (RoW) and injures or kills the rider(s), they likely would receive nothing more than a $35.00 moving violation citation. On the flip side, the rider may receive a LIFE SENTENCE at the Cemetery!
This bill would also apply to bicycle riders and pedestrians.
A graduated penalty system is included in this bill's text depending upon the severity of the injuries.
FORMAL TEXT FOR HOUSE BILL 3040-An Act to ensure the safety of pedestrians, cyclists, motorcyclists and other motorists
SECTION 1. Section 8 of chapter 89, as appearing in the 2008 Official Edition, is hereby amended by striking out in the last sentence the words “thirty-five” and replacing it with “two hundred.”
SECTION 2. Section 8 of Chapter 89 of the General Laws, as so appearing, is hereby amended by adding at the end of said section the following new paragraph:
Any person who is found guilty of or pleads guilty or nolo contendere to a violation of the provisions of this Section shall be subject to the following penalties:
(a) If the violation results in the injury of another person, the offender shall, in addition to any other penalties, be fined two hundred dollars and have their driver's or commercial driver's license or permit or nonresident operating privilege suspended for a period of not less than thirty days, or both.
(b) If the violation results in the serious bodily injury of another person, the offender shall, in addition to any other penalties, be fined five hundred dollars and have their driver's or commercial driver's license or permit or nonresident operating privilege suspended for a period of not less than ninety days, or both.
(c) If the violation results in the death of another person, the offender shall, in addition to any other penalties, be fined one thousand dollars and have their driver's or commercial driver's license or permit or nonresident operating privilege suspended for a period of not less than one hundred eighty days, or both.
(d) For purposes of this Section, "serious bodily injury" shall mean a bodily injury which involves unconsciousness, extreme physical pain, or protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
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