Massachusetts governor hits pause button on bill that includes rule for side underride guards

The Massachusetts governor has sent back to legislators a transportation safety bill that includes a mandate for side underride guards for certain trucks.

Since 2015, the city of Boston requires side guards on all city-contracted vehicles over 10,000 pounds, or tractor-trailer with a combined weight over 26,000 pounds. The ordinance also mandates affected vehicles have convex mirrors, cross-over mirrors, and blind-spot awareness decals.

Other cities to adopt mandates for city trucks include Chicago, New York City, Philadelphia, San Francisco and Seattle, according to the U.S. Department of Transportation Volpe Center.

Governor voices concerns about multiple provisions

Massachusetts state lawmakers sent a bill to Gov. Charlie Baker that would apply the side underride guard rule, or lateral protective device, to trucks owned or leased by the state.

Also included in the road safety bill, H5103, are provisions to increase passing distance and lower speed limits.

The version sent to the governor would establish a minimum distance for motor vehicles when passing vulnerable road users. Affected road users include motorcyclists, bicyclists, and pedestrians.

Specifically, the bill would require a 3-foot “safe passing distance” between vehicles and vulnerable road users. The rule would add 1 foot to the safe passing distance for every 10 miles per hour over 30 mph.

Baker said he supports the policy, but he is concerned the passing distance formula would be confusing for motorists and difficult to enforce for local police.

Instead, the governor proposes a consistent 3-foot distance requirement.

“Clarification is also needed to ensure motorists do not mistake this provision as requiring them to cross the center line to overtake other vehicles,” Baker wrote in his message to legislators.

Additionally, he voiced concern about allowing municipalities to set a 25 mph speed limit along certain stretches of state roads.

Baker is calling for lawmakers to strike the provision from the bill. He cites concern about the rule jeopardizing federal funds that support roads and construction in the state.

Governor supports underride guard rule

One provision endorsed by the governor covers underride guards for state-owned or -leased trucks.

The underride guard rule would take effect in 2023. Trucks contracted with the state must include the devices by 2025.

Affected trucks would be required to use backup cameras, convex mirrors, and cross-over mirrors.

H5103 defines affected state-owned or -contracted vehicles as a motor vehicle, trailer, semi-trailer or semi-trailer unit classified as a Class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating exceeding 10,000 pounds.

Advocates say the mandate is intended to prevent vulnerable users of the road from being run over in side collisions. They add that applying to rule to state-owned or -contracted vehicles is a good place to begin. LL

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