Pursuit continues at statehouses to mandate vehicle snow and ice removal
As spring approaches, legislation in multiple statehouses address the winter driving concern of snow and ice removal from the top of cars and trucks.
Rules covering snow or ice accumulations atop 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 creates a significant deterrent for not cleaning off a vehicle following a snow or ice storm.
Delaware
The state of Delaware is the closest to passing legislation requiring drivers to remove accumulated ice or snow before driving on roadways.
A flurry of activity early this year at the statehouse cleared the path for the bill to advance to the House floor.
In one week’s time, Senate lawmakers voted to permit law enforcement to pull over vehicles simply for failure to remove ice or snow from atop vehicles. Fines would be set from $25 to $75. Incidents that cause property damage or physical injury could result in penalties from $200 to $1,000 for motorists. Truck drivers could face fines from $500 to $1,500.
The House Public Safety and Homeland Security Committee voted 5-2 shortly thereafter to move the bill to the full House. The bill, SB64, since has not come up for additional consideration.
Sponsored by Sen. Bryan Townsend, D-Newark, the bill 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.
Townsend says 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 during Senate floor discussion.
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
Across the state line in Pennsylvania, multiple bills 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.
Rep. Jeanne McNeill, D-Lehigh, introduced a bill on Wednesday intended to be proactive on the issue of ice removal from vehicles.
Her bill, HB2418, is modeled after Senate legislation to authorize law enforcement to issue tickets solely 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.
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 wintry precipitation causes serious injury or death. The bill includes additional protection allowing police to ticket drivers $50 for failure to clear snow or ice before they take to the roads.
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.
Enforcement would be limited to highways.
McNeill says every driver in the state needs to do their part to ensure roadways are safe.
“It is critical for drivers to clear the snow and ice accumulation from their vehicle prior to driving,” McNeill wrote in a memo attached to the bill. “When snow and ice fly off of a moving vehicle, whether that be a small passenger car or a large tractor-trailer, serious injuries can occur for the motorist, other drivers, and pedestrians.”
The Senate version, SB114, passed the Senate about one year ago. Sponsored by Sen. Lisa Boscola, D-Northampton, the bill later advanced from the House Transportation Committee but has not received additional consideration.
One provision in McNeill’s bill that is not included in Boscola’s bill covers truck inspections. Specifically, a police officer or a qualified Pennsylvania Department of Transportation employee would be authorized to require a truck driver to stop and submit to be weighed and checked for snow and ice accumulation.
Weighing could be done by using either portable or stationary scales.
HB2418 is in the House Transportation Committee.
OOIDA concern
The Owner-Operator Independent Drivers Association has concerns about rules that allow police to 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.”
Elsewhere
Similar pursuits previously undertaken in other eastern U.S. statehouses have met their demise.
A Massachusetts House bill singled out trucks for removal of snow or ice from vehicles.
H3518 called for prohibiting commercial vehicles from operating on roadways with any accumulation of snow or ice on the vehicle roof.
One Vermont bill sought to create fines for driving before clearing any snow or ice accumulations.
H674 specified 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.”
Operators would not be liable for snow or ice that accumulates on a vehicle while out on the road.
In Virginia, a bill required removal of accumulations of snow or ice.
HB1183 permitted police to pull over motorists and truck drivers for failing to clear their vehicles of snow and ice before hitting the road.
Drivers would be exempt from the requirement if precipitation accumulates while the vehicle is out on the road. 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.
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