Mass. Lawmakers Try to Repeal Headlight Law One Day After Going into Effect

A pair of Republican lawmakers are seeking to repeal a recent law requiring motorists to use their headlights when their windshield wipers are in use. Violators could face a fine and an insurance surcharge. iStock

One day after a law went into effect requiring Massachusetts drivers to switch on their headlights when windshield wipers are in use, a pair of state lawmakers filed a bill to overturn it.

In a statement issued Wednesday, Representatives James Lyons Jr. (R-Andover) and Shaunna O’Connell (R-Taunton) called the requirement “burdensome,’’ “completely ridiculous,’’ and “another Beacon Hill money grab.’’ The pair has co-sponsored a bill seeking to repeal the requirement.

“The drivers of the Commonwealth of Massachusetts can be relied upon to use common sense when deciding if headlights are needed,’’ Lyons said in statement. “And that’s what my bill does.’’

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The current law requires drivers to turn on their headlights and taillights when their windshield wipers are on, when poor weather conditions prevent them from seeing at least 500 feet ahead, and 30 minutes after sunset or before sunrise.

Failing to comply with the law is considered a surchargeable minor motor vehicle offense that can result in a surcharge from insurance companies and a $5 fine. In other words, the violation could mean motorists face higher insurance premiums for about six years.

“This would potentially lead to hundreds of dollars a year in extra insurance costs,’’ Lyons told Boston.com in an email. “We believe this punishment would be far out of proportion to the scope of the alleged violation, and would disproportionally harm working class commuters.’’

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Lyons also said he has heard from “many constituents’’ on the headlight requirement, many of whom were surprised to learn it was going into effect this week.

Former Governor Deval Patrick signed the legislation late last year during an informal session after it cleared both the House and the Senate. In a press release, Lyons voiced his disapproval with the previous administration’s passage of the law.

“This was passed under the cover of darkness with no transparency or open debate,’’ he said. “It is completely contrary to the spirit of informal legislative sessions.’’

O’Connell, the new bill’s co-sponsor, echoed Lyons sentiment.

“Passing a bill like this during an informal session is why Massachusetts gets an F in transparency,’’ said O’Connell in the statement. “This surchargeable offense is a gift to the insurance companies and a burden on the taxpayers.’’

In a phone call with Boston.com, David Linsky (D-Natick), the Commonwealth law’s original sponsor, said his Republican colleagues were “dead wrong on the facts’’ about how the headlight law was passed.

“It was filed for several consecutive years and had an open public hearing before the transportation committee,’’ Linsky told Boston.com. “It was passed not in the dead of night, but in daylight in December.’’

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However, Linsky also said he never intended for motorists to face higher insurance premiums for violating the law and intends to file an amendment that would remove that portion of the law during the state budget debate later this month.

“We don’t want to punish people,’’ said Linsky. “We want them to use headlights in rain and snow and take the safer course of action… this amendment should achieve the same goal.’’

A spokesperson for the Massachusetts State Police declined to comment directly on the challenge to the “light law.’’

“We enforce the law, we don’t get into legislative aspects of passing the laws,’’ State Trooper Matthew Guarino told Boston.com in a phone call.

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