I saw a special feature this week on the Today Show and I had really never thought about it. Now I find that many have been injured and Jessica Smith was killed in New Hampshire as a result of not clearing the ice and snow off a vehicle and then flinging it as a ‘Snow Missile’ into oncoming traffic or a pedestrian. New Hampshire’s Law is even named after Jessica.
I did some research to find existing state laws by state and below is the simplified and updated list as much as I could report from the American Trucker Association report from 2014. States not listed had no existing law according to the report. I followed up on the states with pending legislation and updated accordingly. Once we know that we are putting others at risk; lets all fix this by simply taking the time to clean our vehicles and protecting everyone.
Alaska
No person may drive a motor vehicle with a sign, poster or other nontransparent material on the front windshield or window of the vehicle which obstructs, obscures, or impairs the driver’s view; nor may a person drive a motor vehicle when there is an accumulation of snow, ice or frost on the windshield or windows which obstructs, obscures or impairs the driver’s view.
Colorado
No specific laws. Excess snow may produce a high alert, which would preclude a truck entering Eisenhower Tunnel.
Connecticut****
Any operator who fails to remove accumulated ice or snow that poses such a threat shall be fined. If the operator of a non commercial motor vehicle violates the provisions of this section and snow or ice is dislodged from such vehicle and causes personal injury or property damage, the operator shall be fined not less than two hundred dollars but not more than one thousand dollars for each offense. If the operator of a commercial motor vehicle violates the provisions of this section and
snow or ice is dislodged from such vehicle and causes personal injury or property damage, the operator shall be fined not less than five hundred dollars but not more than twelve hundred fifty dollars for each offense.
District of Columbia
Will stop tucks that have large amounts of snow/ice accumulation.
Georgia****
If the snow/ice accumulation on any vehicle presents a “danger” to other drivers, then the CVM driver could be cited under Georgia Code 40-8-7. A traffic citation would be at the officer’s discretion. If a vehicle has snow/ice acclamation that weight
would be included, with the vehicle’s owner potentially cited for overweight.
Indiana
No specific laws. Indiana Turnpike will deny use unless snow is removed.
New Hampshire *****Jessica Law
Under New Hampshire State law, a driver can be cited for driving a vehicle in a manner that “endangers” or “is likely to endanger any person or property.” Large amounts of snow accumulating on a vehicle or trailer often melts and refreezes over time causing build-up of ice that can often damage vehicles when falling from a vehicle. Early removal of the snow after a snowstorm is the best way to prevent such ice from accumulating. It is also very important for drivers of all vehicles to leave sufficient space when following large trucks to give themselves enough time to react and be able to avoid any snow/ice in the event that it does fall from a large truck or trailer. 265:79-b Negligent Driving. – Whoever upon any way drives a vehicle negligently or causes a vehicle to be driven negligently, as defined in RSA 626:2, I(d), or in a manner that endangers or is likely to endanger any person or property. Guilty of a violation and shall be fined not less than $250 nor more than $500 for a first offense and not less than $500 nor more than $1,000 for a second or subsequent offense.
New Jersey *****
Jersey has the following law that applies to all motor vehicles: Title 39:4-77.1 states that when snow or ice is dislodged from a moving vehicle and strikes another vehicle or pedestrian causing injury or property damage. Any vehicle with a “dangerous accumulation” of snow must have it removed before entering a public road. The operator of a non-commercial motor vehicle
shall be subject to a fine of not less than $200 or more than $1,000 for each offense. The operator, owner, lessee, bailee or any one of the aforesaid of a commercial motor vehicle shall be subject to a fine of not less than $500 or more than $1,500 for each offense. No motor vehicle points or automobile insurance eligibility points shall be assessed for this offense, however, any violation of this law requires an appearance in Court. Fines for not removing “dangerous accumulations” of snow will be from $25 to $75.
Ohio
Ohio Turnpike will deny use until snow is removed.
Pennsylvania*****
3720 (motor vehicle code Title 75) : When snow or ice is dislodged or falls from a moving vehicle and strikes an other vehicle or pedestrian causing death or serious bodily injury as defined in section 3742 (relating to accidents involving death or serious
bodily injury), the operator of the vehicle from which the snow or ice is dislodged or falls shall be subject to a fine of not less than $ 200.00 and not more than $1,000.00 for each offense.
South Carolina**
If ice or snow falls off a driver’s unit and cause damage to another vehicle then we could be sited for improper load securement.
West Virginia*
A motorist striking another vehicle with falling snow/ice is considered a road hazard in 99%of cases. In the remaining 1% of cases that reach the court level, they have been ruled as unsecured equipment.
Wisconsin**
If snow and/or ice were to fall from the vehicle and create a hazard, it could be cited under s. 348.10(2). More
specifically, the statute reads: (2) No person shall operate a vehicle on a highway unless such vehicle is so constructed and loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping there from. Citation for a violation of this nature is rare but, can be fined at $181.
