Tag: legislation

Testimony against Sidewalk Robot Bills (H3331, H3417, S2228)

Testimony against Sidewalk Robot Bills (H3331, H3417, S2228)

October 27, 2023 

Joint Committee on Transportation
Brendan Crighton, Senate Chair
Room 109-C
Boston, MA 02133

William Straus, House Chair
Room 134
Boston, MA 02133

RE: Testimony against Sidewalk Robot Bills (H3331, H3417, S2228)

Dear Chairman Crighton and Chairman Straus,

WalkMassachusetts is a non-profit organization that works to make walking safer and easier in Massachusetts to encourage better health, a cleaner environment and more vibrant communities. Founded in 1990 as WalkBoston, we changed our name in April 2023 to better reflect the work we’re doing across the Commonwealth alongside community partners. LivableStreets advocates for practical, people-centered transportation systems in Metro Boston that can dismantle invisible barriers that divide neighborhoods, communities, and people.

We are concerned about legislation that would give robots the same rights to public sidewalks and walkways as pedestrians (H3331, H3417, S2228). Sidewalks, crosswalks, and other walkways across the Commonwealth currently fall short of meeting the needs of people of all ages and abilities, as evidenced by the increasing number of pedestrians killed every year.

Using MassDOT data, WalkMassachusetts released a crash report earlier this year which found that in 2022, 435 people died in traffic crashes in Massachusetts, including 101 people walking. Of the 351 cities and towns in Massachusetts, 60 communities had a fatal pedestrian crash in 2022, and older adults were hit and killed at a higher rate than those in other age groups. 71% of fatal pedestrian crashes took place in Environmental Justice Census Block Groups. The report can be found at https://walkmass.org/fatal22 

Two sessions ago (March 2019), we testified against a ‘mobile carry device’ bill similar to H3417/S2228. We are broadly concerned that regulations allowing these devices could open the door to privatization of the public way. More specifically, we are troubled about the impacts these vehicles can have on the safety and comfort of pedestrians, young and old, and of people using mobility devices.  A 90-lb device that can carry up to 45-lbs of goods traveling at 12.5 miles per hour should not operate on the sidewalk; instead, it belongs in the street. Even more concerning is H3331, which would allow a 550lb ‘personal delivery device’ to operate at 10 miles per hour on sidewalks. It is unclear what the total weight of this much larger device would be, since the bill notes that this weight excludes cargo. At this weight and speed, the likelihood of a pedestrian injury is high–and likely higher for people who don’t move as fast or cannot see or hear these devices coming down the sidewalk.

We applaud efforts from the private sector for looking to offer deliveries using smaller vehicles. Oversized vehicles are a danger to people walking, biking, and driving. However, if delivery companies are concerned about the risk of their 550 pound vehicles getting struck while traveling on local streets, the answer cannot be to move them to the sidewalks.

Our shared vision for safe streets points to a longstanding need to increase funding for Chapter 90 and MassDOT’s competitive funding programs, including Safe Routes to School, Complete Streets, and the Shared Streets and Spaces program. Additionally, there needs to be a strong emphasis to encourage the use of these funds for traffic-calming, sidewalk construction, and other similarly walk-friendly infrastructure. Every reconstruction project should be a Complete Streets project, not just projects that receive money through the Complete Streets funding program. These oversubscribed programs allow communities to implement traffic calming measures and street designs that accommodate a wider range of smaller vehicles for deliveries and transportation.

We appreciate the opportunity to comment, and would be happy to work with any proponent to offer feedback.

Sincerely,

Brendan Kearney
Co-Executive Director, WalkMassachusetts

Catherine Gleason
Public Policy Manager, LivableStreets Alliance

Speak Up for Traffic Safety Legislation (Wednesday hearings)

Speak Up for Traffic Safety Legislation (Wednesday hearings)

Wednesday, October 13th at 11am, the Massachusetts Legislature is holding a hearing on multiple traffic safety bills. WalkBoston alongside our partners in the Massachusetts Vision Zero Coalition will be testifying in support of and in opposition to various bills—and we need your help emphasizing to lawmakers which bills will positively impact street safety, and which could do unintended harm. (WalkBoston’s testimony as prepared can be found here.)

Read more below about the bills we support/oppose. Then send your comments to the Committee on Public Safety and Homeland Security, which is holding the hearing, using our simple script below.

Can we count on you to contact the committee and speak up for safe streets?

Bills we support:

The MA Vision Zero Coalition has long been a supporter of using automated cameras to enforce speed and red-light violations. It’s a win-win tool to reduce dangerous driving and reducing direct police interactions. The following are the specific bills we support, as they have key equity provisions necessary to properly regulate this technology, including capped fines and data protections:

  1. An Act relative to automated enforcement |S1545, Brownsberger, William N. (SEN)
  2. An Act relative to automated enforcement | H2426, Ciccolo, Michelle L. (HOU)

Bills we oppose:

The MA Vision Zero Coalition supports wearing seatbelts. However, we do not support changing the seat belt law from a secondary to primary offense. With the additional legislation, not wearing a seat belt could be the sole reason for a police officer to initiate a traffic stop. This law has been shown to contribute to pretextual stops and racial profiling in other states. Instead, we propose education and awareness campaigns to encourage greater seatbelt usage. These are the following bills we oppose:

  1. An Act establishing a primary seat belt law | H2515, Roy, Jeffrey N. (HOU)
  2. An act relative to primary enforcement of seatbelt violations | H2543, Whelan, Timothy R. (HOU)
  3. An Act establishing a primary seat belt law | S1591, Feeney, Paul R. (SEN)

Traffic safety is immensely important, and it’s equally important that it’s done right. The MA Vision Zero Coalition feels strongly about our approach and recommendations to the MA Legislature. Please speak up for legislation done right, and use our sample comment letter below to share your thoughts with the committee. 

Thank you for your support!

SAMPLE COMMENT LETTER

To submit written testimony, please email it to Dave McNeill (david.mcneill@mahouse.gov) and Cara Libman (cara.libman@masenate.gov). Consider adding your elected officials as well.

To: Dave McNeill (david.mcneill@mahouse.gov); Cara Libman (cara.libman@masenate.gov)

CC: info@visionzerocoalition.org

Recommended email subject: Written Testimony on Traffic Safety Legislation

Sample script:

Dear Chairman González, Chairman Timilty, and members of the committee,

Thank you for the opportunity to provide written testimony regarding the bills being heard in this Committee. I am writing to express support for two bills the MA Vision Zero Coalition is advocating for that would make our roads safer and prevent traffic deaths, as well as to express my opposition to Primary Seat Belt legislation.

An Act relative to automated enforcement (S1545/H2426), which the Senate came very close to passing last session, would allow municipalities to opt in to installing cameras that would issue tickets for violations for speeding, failure to stop at a red light, failure to stop at a school bus stop arm, blocking the box, and parking or driving in a dedicated bus lane. When enacted in other states, automated enforcement has reduced speeding and serious crashes. More than 400 communities in the U.S. use red light cameras, and more than 130 use cameras to enforce speed laws.

This legislation is key for managing speeding, while removing direct policing and traffic stops from the equation. I ask that the committee report out favorably on this legislation.

In addition to supporting the above Automated Enforcement legislation, I request that this Committee not move forward any primary seat belt legislation, including H2515, H2543, and S1591. While wearing seat belts saves lives in car crashes, the legislation as written relies on police officer-initiated enforcement on our roads, which increases the potential for profiling, harassment, and abuse of Black people and other marginalized groups. In Florida, Black drivers were twice as likely to be pulled over and ticketed for failure to wear a seat belt, according to a 2016 ACLU report.

In Massachusetts, we’re already seeing a racial disparity in how the state enforces a new law against distracted driving. In traffic stops for using a phone while driving between April and December last year, Black, Hispanic, and Asian people were more likely to be issued citations than white people for the same infraction.

I support the MA Vision Zero Coalition’s prioritization of a “safe systems” approach to traffic safety rooted in prevention, not punitive measures. Instead of direct policing, education and awareness campaigns around seat belt usage should be the primary focus for increasing safety.

[Talk about why this issue matters to you: how you get around the city, how you or someone you know has been impacted by a crash, etc]

Traffic safety is immensely important, and it’s equally important that it’s done right. I encourage you to take this into consideration as you consider all the bills before you.

Thank you,

[full name

street address

city/town, state, zip

phone:

email: ]

WBZ NewsRadio: “Vigil Held At Mass. State House For Victims Of Traffic Accidents”

WBZ NewsRadio: “Vigil Held At Mass. State House For Victims Of Traffic Accidents”

WBZ NewsRadio: “Vigil Held At Mass. State House For Victims Of Traffic Accidents”

Legislation was a focus this year for the group. On Friday, a committee of lawmakers reached an agreement on the distracted driving bill, which has been in the works for years.

“This is the first time that we feel really excited to say we’re looking at a hands-free bill that is almost about to pass,” Stein said.

The bill is set to be filed on Monday morning.

Walk Boston Executive Director Stacey Beuttell said the end goal is to save lives.

“This is a day for both promoting legislation and a rallying cry to make sure that our state legislators and all of us are still working toward safe streets, but it’s also a day to remember those who have fallen that didn’t have to,” Beuttell said. “These are crashes, not accidents. And we need to change that.”

However, according to Beuttell, there is still a lot advocates want to see get done.

“Until we have safe crosswalks, until we have protected bike lanes, and networks that allow people to move throughout the city, we won’t consider our job finished,” Beuttell said.

Posted November 17, 2019

Support for S.1376 ‘An Act relative to automated enforcement’

Support for S.1376 ‘An Act relative to automated enforcement’

October 22, 2019
Joint Committee on Public Safety and Homeland Security
Michael O. Moore, Senate Chair
State House, Room 109-B
Boston, MA 02133
Joint Committee on Public Safety and Homeland Security
Harold P. Naughton, Jr., House Chair
State House, Room 167
Boston, MA 02133

Re: Support for S.1376 ‘An Act relative to automated enforcement’

Dear Chair Moore, Chair Naughton, and members of the Joint Committee on Public Safety and Homeland Security:

Thank you for holding a hearing on legislation that promotes road safety in Massachusetts. We are asking you to favorably report out S.1376 An Act relative to automated enforcement. Let’s prevent fatalities, crashes, and injuries on Massachusetts streets.

When employed properly, automated enforcement has been shown to effectively reduce unsafe driving behavior, the number of crashes, and the severity of crash-related injuries. This approach also de-emphasizes officer-initiated traffic stops that can cause concern about racial profiling. Automated enforcement is used in 29 other states.

This bill protects the privacy of drivers and other vehicle occupants, since it requires that only photographs of the rear license plate are recorded. Addressing concerns around equity, it requires cameras be placed in locations with a nexus to safety, has fines limited to $25, and would require a statewide study of any racial and socioeconomic disparities three years after enacted. Cities and towns would only be able to receive revenue that accounts for the costs of the program, and any additional revenue received would go to the Massachusetts Transportation Trust Fund.

Serious injury and death from traffic crashes continue with troubling frequency on our streets. S.1376 An Act relative to automated enforcement is a comprehensive piece of legislation which aims to create safer streets for all users.

We encourage you to report this legislation out favorably.

Please find the testimony shared this morning at the Joint Committee on Public Safety and Homeland Security hearing attached (as prepared).

Sincerely,
Massachusetts Vision Zero Coalition

Testimony at hearing:

Brendan Kearney, WalkBoston:
Good Morning Chairs and members of the committee. My name is Brendan Kearney, Deputy Director at WalkBoston. Thank you for the opportunity for myself and two of my colleagues from the Vision Zero Coalition to testify in support of Senate Bill 1376, An Act relative to automated enforcement.

The Vision Zero Coalition was formed in fall 2015 to advocate for the implementation of Vision Zero in Boston, and for the reduction of traffic injuries and deaths across Massachusetts. Our coalition includes community-based organizations, nonprofits, businesses, civic groups, and individuals.

Speeding is a huge public safety issue: the Governor’s Highway Safety Association Report “Speeding Away from Zero” released earlier this year shared that 28% of fatal crashes in 2017 in MA were speeding-related. Higher speed, regardless of limit, is a factor in every traffic fatality or serious crash: there is less reaction time for a person driving to brake or avoid a crash, and a fast moving vehicle inflicts higher blunt force trauma on crash victims. Lower speeds have been found to be safer on our roads.

We are thankful that the Municipal Modernization Act of 2016 gave cities and towns the ability to opt-in to lower the prevailing speed limit to 25 miles per hour and create 20 mph safety zones. Similarly, this bill would allow municipalities to opt-in to a safety camera program, within parameters and limits.

Enforcement is one of the tools that we have to reduce traffic speeds on our roadways. Yet, according to EOPSS statistics, motor vehicle citations have declined close to 25% over the past 5 years. Several factors have contributed to this decline – and we think automated enforcement could help address some of these factors.

Traffic enforcement is an important measure for safety — but it must be done equitably. Equitable automated enforcement could allow enforcement within limited budgets and help to remove police bias in traffic stops, if implemented well.

This bill has several measures to design an equitable program. Local municipalities would approve the locations after a public process, with a limit of one fixed camera per 2,500 residents. This bill calls for an annual report to be sent to MassDOT with locations; and after 3 years, requires a statewide study of racial or socioeconomic enforcement disparities from this act. We are happy to engage with committee and stakeholders on any of the language.

Louisa Gag, LivableStreets Alliance:
Good Morning, my name is Louisa Gag and I’m the Public Policy and Operations Manager at LivableStreets Alliance.

The 2018 Massachusetts Strategic Highway Safety Plan recommended automated enforcement legislation be developed to give municipalities “opt in” authority to issue citations through the use of cameras and radar technology.

And there’s a reason for that. It works – some sort of automated enforcement is used in 29 other states and 130 countries. In Maryland, a study showed that the proportion of drivers traveling more than 10 mph above the speed limit declined by about 70% for locations with warning signs and speed camera enforcement. A National Transportation Safety Board review of 28 automated speed enforcement studies found that cameras reduced crashes between 8-49%. And a UNC study found that for red-light cameras, while sometimes there is a slight increase in rear-end crashes, there is almost always a significant reduction in side-impact crashes, which are typically more severe.

One common concern with automated enforcement is privacy. We believe that these concerns are addressed very well in this bill, but we’d be happy to engage with the committee and other stakeholders to improve it even further. Only photographs of the rear license plate are recorded, so that means no faces are photographed. Photos are only captured when a camera-enforceable violation occurs. 48 hours after final disposition of a violation, images are permanently deleted. Any use of a photograph before that would require a court-approved warrant.
Thank you.

Charlie Ticotsky, Transportation for Massachusetts:
Thank you, my name is Charlie Ticotsky and I’m the Policy Director at the Transportation for Massachusetts Coalition.

This bill, which if passed would likely create most thoughtful automated enforcement regulatory structure in the country, clearly presents automated enforcement in the context of safety. It is NOT a money grab for cities and towns. In fact, cities and towns would only be able to receive revenue that accounts for the costs of the program, and any additional revenue would go to the Massachusetts Transportation Trust Fund. The idea is that drivers would not be tricked into violations–the cameras must be clearly marked and obvious and a public awareness campaign prior to them going live would be required. The bill also allows a grace period where motorists would receive only warnings. This bill sets up a system meant to be a deterrent to dangerous driving, not a revenue scheme.

Fines would be limited to 25 dollars, and would not escalate for multiple offenses. It would not lead to increased insurance points. And while it could put your car registration status in jeopardy after serial nonpayment to force repayment, it cannot lead to license suspensions. The fine is on the car owner because there will be no photos of anything but the license plate. There is a provision for emergencies and other exemptions, and an appeals and hearing process.

Finally, and perhaps most importantly, unlike in other jurisdictions, private vendors of these cameras would only be allowed to be paid based on the value of equipment and service provided–not on the number of citations issued or revenue generated–so that there will not be pressure from the private companies to increase the number of citations issued or revenue generated.

Thank you very much.

Great Day of Action for Road Safety on Beacon Hill

Great Day of Action for Road Safety on Beacon Hill

Thank you so much to everyone who joined us at the Statehouse for the Massachusetts Vision Zero Coalition’s Road Safety Day of Action! Thank you to Governor Baker & Lt. Governor Polito for also filing legislation focused on road safety and getting the conversation started.

A packed room heard from Governor Baker, Text Less Live More, Children’s Hospital, AAA, SADD, and co-sponsors of three important bills:

  1. The Hands-Free Bill(s)

    • Chairman Wagner & Representative Donato are sponsoring HD1534
    • Chairman Straus is sponsoring HD1420
    • Representative Provost is sponsoring HD1346
    • Senator Montigny is sponsoring SD1383
    • Senators Creem & Brownsberger are sponsoring SD897

  2. Automated Enforcement Bill

    • Senator William Brownsberger is sponsoring SD1461

  3. An Act to Reduce Traffic Fatalities

    • Senator William Brownsberger is sponsoring SD847
    • Representative Hecht and Representative Rogers are sponsoring HD1653
WalkBoston Executive Director Wendy Landman explains an aspect of the bill.

The morning was organized by the Massachusetts Vision Zero Coalition (WalkBoston, Safe Roads Alliance, MassBike, LivableStreets Alliance, Boston Cyclists Union, Transportation for Massachusetts & more) & Text Less Live More. After info packets were distributed, people were off to meet with their legislators and talk about why these efforts would make MA roads safer in their own communities. Thank you to everyone who came together today to work towards safer streets, and thank you to all of the legislators and staff that attended and listened throughout the day!

Were you unable to make it to Beacon Hill, but want to get involved with WalkBoston’s efforts?