Peabody has taken another step forward in dealing with unsafe traffic conditions on Route 114 and Route 1 in Peabody.
The City Council’s Municipal Safety Committee voted unanimously Thursday night to refer a proposed car carrier ordinance to City Solicitor Donald Conn for review. Later in the night, the council as a whole unanimously approved it as well.
The proposed ordinance, drafted by State Rep. Tom Walsh (D-Peabody), would prohibit car carriers, car carrier trailers, and auto transport trailers from parking “in clearly defined marked lanes known as breakdown lanes and/or center lanes for the purpose of loading or offloading motor vehicles.”
Committee Chair and Councilor-at-Large Anne Manning-Martin began the meeting by asking Ward 5 Councilor David Gamache to give a brief summary of the history and nature of the problem.
Gamache noted that while the state has “taken its due diligence” regarding improving unsafe conditions on Route 114, including the use of the middle “crossover” lane by car carriers to load and unload vehicles, Route 1 also poses several safety issues similar to those on Route 114 with car carriers parking in the breakdown lanes.
“This is not only happening during the day but at night,” Gamache said. “This is not unique to Peabody; this is happening at other car dealers on state highways.”
Gamache said he contacted Conn, who advised that the council can enact an ordinance prohibiting the practice and include monetary fines against the carriers. Gamache said he is in favor of a $1,000 fine per violation.
“Fines will put some teeth into stopping them from doing this,” Gamache said. “A $300 fine like most fines in the city isn’t going to do it.”
Gamache also acknowledged the efforts of Walsh, who he said has taken the lead at the state level.
Walsh said it is frustrating to see the frequency with which car carriers are parked in the middle of the street.
“If I or you parked in the middle of the street we’d be towed in a matter of seconds,” Walsh said. “They get lots of leeway and that needs to be corrected.”
Walsh said a bill has been filed in the state legislature that would prohibit unloading on any state highway, and that he is happy to work with the city in the months ahead as the bill proceeds to hearings.
State Rep. Sally Kerans (D-Danvers) said she saw a car carrier lining up on Route 114 just a few days ago.
“I am keenly aware of the problem and think the legislature will be a helpful tool,” she said. “This requires constant vigilance so they know they can’t park their carriers in the middle of the road.”
Kerans noted that Walsh was recently named chair of the Third Reading Committee, which will be “helpful” as the bill moves forward. Like Walsh, she suggested the city continue working on the problem, as that would be beneficial to state legislators.
Ward 6 Councilor Mark O’Neill called efforts to tackle the problem commendable, but questioned whether existing state law already addresses the same issue and, if so, why that law is not being enforced.
In response to a question from Gamache as to whether state law or city ordinance would be applied in case of a violation, Conn said in the case of a direct conflict state law would take priority.
“If the state fine is $300, then state law prevails over your $1,000 fine,” Conn said.
He also suggested that the committee should perhaps hold back on passing an ordinance until a final version of the state law is approved.
Gamache disagreed, saying it might be easier for the state to act if it knows that cities and towns are doing so on their own.
Councilor-at-Large Tom Rossignol agreed with Gamache, calling this a major safety issue.
“The breakdown lane is for broken-down cars, but what if they can’t access the breakdown lane because someone is unloading vehicles?” he asked.
In response to a comment from Gamache suggesting the ordinance could be written to apply to all roads within city limits, Ward 3 Councilor Stephanie Peach noted that there are dealerships in the city with loading and unloading procedures located on city roads or city-maintained roads, and that they should not be included in the ordinance.
Manning-Martin thanked Walsh and Kerans for their comments at the meeting.
“This is something that is needed not just in Peabody, but across the state,” Manning-Martin said. “I don’t see any downside as it will strengthen the efforts of the state reps, especially with Rep. Walsh in 3rd Reading. Being able to show them what we are doing here is important and if we have to reduce the fine (to line up with the state), we can jump off that bridge then.”
Walsh reminded the committee that Kerans is a member of the Transportation Committee.
“That gives up a one-two-punch here in Peabody,” Manning-Martin said.
