Look, we’ve all been there. It’s freezing outside, your fingers are numb and you’ve already shoveled the driveway. Getting that last bit of snow off your car is the cold-weather version of returning the shopping cart: small effort, obvious benefits, and somehow something people don’t do. But it turns out that leaving that “snow hawk” on your car is much more than a sign of laziness. In many states it is even illegal.
Realistically, clearing your car of snow – one of the unbreakable rules of winter driving – is not just about self-preservation, but also about good manners. Like many things, a few bad apples screwed things up and the law had to intervene. And a handful of states—New Hampshire, Connecticut, New Jersey, Rhode Island, and Pennsylvania—have enacted “positive duty” laws. These laws state that it must be ensured that the cars are cleaned before they ever hit the streets. It is a preventive approach, meaning no damage needs to be done and no one needs to be affected; just driving down the road with a snow-covered car is enough to get you a fine.
Just because these select few states specifically mention this doesn’t mean others don’t care. In some states, police may rely on laws regarding unsecured cargo or obstructed vision to punish people who look like they are driving around in an igloo. So before you convince yourself that ‘the highway will take care of it’, consider whether saving five minutes is worth a hefty fine – or worse, causing an accident.
The hard no
If you live in the Northeast Corridor, the laws are particularly strict, often due to tragic events. New Hampshire was one of the first states to have a law on the books: Jessica’s Law, which came about after an 8-foot piece of ice flew off a tractor trailer and hit a box truck that then crashed into another vehicle, killing Jessica Smith. Violations carry more than just a minimum fine of $250. If you report negligent driving, you can also receive points on your driver’s license.
Pennsylvania followed suit with Christine’s Law, closing a loophole that previously only allowed police to cite drivers after snow or ice had already flown and hurt someone. Now, drivers in Pennsylvania have a clear mandate to empty their vehicles within 24 hours of the end of a storm. The intention is solid, but the 24-hour rule assumes that snow behaves on a schedule. In the real world, it freezes, hardens and becomes more dangerous the longer it sits still. This means that the law technically allows the very condition it is trying to prevent, as long as it lasts less than 24 hours.
New Jersey, Connecticut and Rhode Island are equally strict. New Jersey statute covers all exposed surfaces and fines can be as high as $1,500 for commercial vehicles if flying debris causes damage. So if you’re planning a winter road trip, make sure you have a sturdy scraper and the right winter tires, because “I didn’t know” isn’t going to fly in court.
Still not, but not as strict
Just because you’re not in the Northeast doesn’t mean you’re immune. Several states may use catch-all laws to help control the issue. Ohio pulls out the “unsafe vehicle” card. Illinois, Alaska, Georgia, Wisconsin, Massachusetts and Kansas, on the other hand, use an obstruction statute to warn drivers when snow slides from their roof into view of the windshield, usually while braking – an absolute rookie mistake. Michigan has similar obstruction laws, but also adds something about “depositing” snow, ice or slush on a roadway. Tennessee will charge you with a reckless driving ticket for snow or ice covering the driver’s vision.
Oddly enough, Maine exempts any vehicle over 10,000 pounds, citing the dangers of truck drivers climbing onto their rigs – I imagine Jessica Smith’s family would have something to say about that. However, that brings with it the huge headache for truck drivers. There is a conflict between laws telling them to take the roof off, while the Occupational Safety and Health Administration tells them not to fall off a 14-foot trailer. New Jersey does provide a defense if a truck driver drives to a place with snow and ice removal equipment, as long as he has not already passed such a place.
The end result? Snow on your car isn’t just weather debris, it’s your responsibility. Do us all a favor: get a good snow brush and remove the snow before you leave home.
#states #fine #driving #snow #car #Jalopnik