Bills in five states cover vehicle snow and ice removal

January 20, 2022

Keith Goble

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In the early stages of legislative chambers across the nation getting back to work, legislation in multiple statehouses address concerns about snow and ice removal from cars and trucks.

Rules covering concerns about accumulations on top of vehicles are already in place in states that include Alabama, Connecticut, Georgia, Iowa, Michigan, New Hampshire, New Jersey, Pennsylvania, Rhode Island and Wisconsin.

Supporters say a snow and ice rule makes enforcement easier. Others say it provides significant motivation to clean off a vehicle following a snow or ice storm.

Delaware

A bill nearing passage in the Delaware Legislature would require drivers to remove accumulated ice or snow before driving.

The House Public Safety and Homeland Security Committee voted 5-2 on Tuesday, Jan. 18, to advance a bill to allow law enforcement to pull over vehicles for failure to remove ice or snow. Fines would be set from $25 to $75. Incidents that cause property damage or physical injury would result in penalties of $200 to $1,000 for motorists. Truck drivers would face fines of $500 to $1,500.

The bill, SB64, would limit citations to affected vehicles to once per 24-hour period. Drivers would be exempt when accumulations occur while the vehicle is in operation.

The bill can next be considered on the House floor. The Senate voted 18-2 last week to advance a nearly identical version of the bill.

Sen. Bryan Townsend, D-Newark, told senators before the floor vote that people need to take the issue seriously.

“I would like this to be a proactive law. I would like people to take this seriously and clean off their ice or snow from their vehicles before moving,” Townsend said.

He added that drivers should not leave it up to enforcement to make sure vehicles are cleared of accumulations.

“We are trying to strike the right balance.”

Pennsylvania

In neighboring Pennsylvania, one bill would revise the state’s rule on the issue.

State law allows police to ticket car and truck drivers for fines of $200 to $1,000 if the wintry precipitation causes serious injury or death.

Sponsored by Sen. Lisa Boscola, D-Northampton, the bill is intended to be proactive on the issue of ice removal from vehicles.

Specifically, SB114 would authorize law enforcement to issue tickets for failure to clear their vehicles of snow and ice. In addition to trucks, mass transit vehicles, buses and school buses would be covered by the rule.

Enforcement would be limited to highways.

Drivers would be required to make “reasonable efforts” to remove snow or ice from all parts of their vehicles within 24 hours of a weather event.

Offenders would face a maximum fine of $1,500 if the snow or ice causes serious injury or death. The bill includes an additional protection allowing police to ticket drivers $50 for failure to clear snow or ice before driving.

Truck operators would be excused if they are on their way to a facility to remove accumulated snow or ice. In addition, violations would not be issued if compliance would cause the trucker to violate any federal or state law or regulation regarding workplace safety, or if it would be a health or safety threat.

Senators approved the bill last spring. SB114 awaits further consideration in the House.

OOIDA raises concern

The Owner-Operator Independent Drivers Association has concern about rules that let police pull over drivers whose vehicles were not cleared of snow or ice. They point out that facilities are not readily available to accommodate clearance mandates on trucks. Another problem is the practicality of rules that appear to require people to climb atop large vehicles, and do so in less-than desirable conditions.

“The accumulation of snow and ice on any vehicle has the potential to negatively impact highway safety,” OOIDA Manager of Government Affairs Mike Matousek has said. “However, when it comes to commercial motor vehicles, there’s really no practical or safe way of removing it from the top of a trailer, especially during winter weather conditions.”

Speaking specifically about SB114, Matousek has said “it’s far from a great bill,” but the legislation does “appear to address some of the safety issues that OOIDA and others have raised through the years.”

Massachusetts

A Massachusetts House bill singles out trucks for removal of snow or ice from vehicles.

H3518 would prohibit commercial vehicles from operating on roadways with any accumulation of snow or ice on the vehicle roof.

Violators would face fines starting at $500. Offenses that result in injury or property damage could result in fines starting at $1,000.

The bill is in the Joint Committee on Transportation.

Vermont

In Vermont, one House bill introduced this week would create fines for driving before clearing any snow or ice accumulation.

H674 specifies clearance from “any trailer or semi-trailer, to the extent needed to avoid a threat to persons or property caused by the dislodging of accumulated ice or snow or by obstruction of the operator’s view.”

Violators operating large trucks would face minimum $100 fines. Subsequent offenses could result in fines of at least $500. Motorists would face fines between $25 and $75.

Operators would not be liable for snow or ice that accumulates on a vehicle while out on the road.

The bill is in the House Transportation Committee.

Virginia

Another bill in Virginia would require the removal of accumulated snow or ice.

Delegate Mike Mullin, D-Newport News, introduced a bill to let police pull over motorists and truck drivers for failing to clear their vehicles of snow and ice before hitting the road.

Violators could face $100 fines.

Drivers would be exempt from the requirement if precipitation accumulates while the vehicle is out on the road.

HB1183 awaits assignment to committee in the House. LL

More state trends

Keith Goble, state legislative editor for Land Line Media, keeps track of many trends among statehouses across the U.S. Here are some recent articles by him.