‘Vulnerable Road Users’ in Massachusetts Win New Protections

A new class of people has won protections under Massachusetts state law. The so-called "vulnerable road user" has arrived.

In the waning hours of his administration, Governor Charlie Baker signed a stack of bills into law, chief among them (H 5013) mandating new passing rules to protect the lives of vulnerable road users.

What or who is a vulnerable road user?

According to State House News Service (SHNS), vulnerable road users are "bicyclists, pedestrians, skateboarders, and anyone else who is not in a vehicle."

The law defines a vulnerable road user as "a pedestrian, including a person engaged in work upon a way or upon utility facilities along a way or engaged in the provision of emergency services within the way" or "a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates, non-motorized scooter, wheelchair, electric personal assistive mobility device, or a farm tractor or similar vehicle designed primarily for farm use."

The registrar of motor vehicles is authorized under the law to designate "other categories."

The law states "the operator of a motor vehicle shall pass at a safe distance of not less than 4 feet and at a reasonable and proper speed."

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SHNS reported the Massachusetts Department of Transportation (MassDOT) must "erect and maintain signage along public ways necessary to notify operators of motor vehicles of the requirements for passing a vulnerable user from a safe distance."

The law requires "larger vehicles to be equipped with lateral protective devices, additional mirrors, and backup cameras."

The League of American Bicyclists has drafted a model Vulnerable Road User law that has been used as the basis for legislation in several states.

Baker originally returned the legislation with recommendations for changes.