Mass. first responders push for stricter Move Over Law, better disability benefits

In front of the steps of the Massachusetts State House, a group of first responders voiced their support for the urgent passage of a number of bills that would improve their safety and wellbeing.

Among them was former police officer and current Massachusetts State Representative for Barnstable District 5 Steven Xiarhos.

“Government should work faster, especially when it comes to people’s lives,” said Xiarhos.

One of the proposals discussed in committee was the increase disability benefits for those who are forced to retire due to a serious injury from 72% of their base pay to 100%.

Retired Somerville police detective Mario Olivera was shot six times when serving a warrant 10 years ago.

“I died three times in the hospital at night,” said Olivera. “I would later return to work [for] five months. I lasted all the eight months out in the street, I suffered a major heart attack, and then I was forced to retire.”

In a separate bill, first responders and emergency crews, are demanding legislators to update the ‘move over’ law, which currently fines a driver $100 if that person fails to move over to another lane and slow down while emergency personnel is stopped on the road.

The State Police Association of Massachusetts is asking for the fine to increase to $250 for the first offense and a criminal misdemeanor for an injury to a first responder.

“We need to be coming home safe to our families. We need people to slow down and move over. Give us that space. If you have a car going by about 80 miles an hour and you’re within a couple of inches, that is an unsafe that is unsafe for our troopers. Our first responders are EMS personnel and even our tow truck drivers,” said union president Patrick McNamara.

The fine for an initial "move over" offense would increase to $250 under proposals from Xiarhos and former Sen. Anne Gobi (H 3479 / S 2240), followed by a $500 fine for a second offense and a $1,000 fine for a third or subsequent offense.

The proposals, which were endorsed by Middlesex District Attorney Marian Ryan during a legislative hearing Tuesday afternoon, call for a $2,500 fine or up to one year in prison for any violation that results in a person getting injured.

"What we really want, and what I hope as a district attorney, is never to enforce this bill, but actually to have it be the basis for an education campaign, where we're really talking about the danger that we ask people to undergo and put themselves in front of every day -- and the simple fact of looking ahead, seeing that there's something going on in the breakdown lane, slowing down and moving left will save so many lives," Ryan told the Joint Committee on Transportation. "This affects every one of us."

People who commit a second or third offense would also be required to complete a program through the Registry of Motor Vehicles that "encourages a change in driver behavior and attitude about the 'Move Over Law,'" according to the bills.

Patrick McNamara, president of SPAM, said the legislation is recognized as the Trooper Thomas Devlin bill, in honor of the 58-year-old trooper who died from injuries two years after he was struck by a car during a traffic stop in Billerica. All collisions involving first responders on roadways are preventable, McNamara told lawmakers.

"Each time I receive a call that one of our troopers has been struck on the side of the roadway, my reaction is first anger and disbelief because it's happening again, and again, and again," McNamara said. "It is disheartening that something as basic as slowing down and changing lanes to provide space for those who tirelessly serve and safeguard our commonwealth escapes the grasp of so many."

Fines would rise higher under a similar bill from Rep. Kenneth Gordon (H 3329) before the committee Tuesday, including a $5,000 fine or up to one year in jail for motorists who injure another person.

Devlin's widow, Nancy Devlin, said at the hearing that she and her four children have experienced "immeasurable losses." Nancy Devlin said the motorist who struck her husband had veered into the breakdown lane while traveling at highway speed without hitting the brakes.

She called the $100 civil infraction "awful," as she pleaded with lawmakers to approve tougher penalties to "help ensure that no other family has to endure what we have."

"Please help to protect the police, fire, ambulance and tow truck drivers -- help them to go home to their families," said Nancy Devlin, joined by her two sons, at the State House. "I would never want another family to have the ending that we had."

Committee co-chair Rep. William Straus offered his appreciation for Devlin's testimony.

"It is beyond our ability to fully understand what has happened to you and your family and for years to come," Straus said. "Your help today brings tons of attention to what is our responsibility to take and hopefully a message to the driving public because distracted driving has not disappeared. And it's something that's always been on the forefront of the committee's attention, and I can't thank you enough."

First responders who spoke to NBC 10 Boston said their biggest hurdle for these bills is the legislative process. On average there are 7,000 bills introduced in any given session and only a fraction get a vote, Xiarhos noted.

They’re hoping that by speaking up they can communicate the urgency of the matter and get these voted on and passed.