Snow and Ice traffic offense

Get ready for winter and make sure your ice scrapers are ready. The governor of New Jersey recently signed into law yet another new traffic offense. N.J.S.A. 39-77.1 was amended to include a series of new provisions, including making it a motor vehicle offense to operate a car with accumulates ice on the the vehicle. This includes the entire vehicle, trunk, windshield, hood, etc.

The police are authorized to stop motor vehicles that they feel are posing a threat to person or property as a result of the accumulated snow and ice. The new offense is a non-point violation and and for a first offense a fine of up to $75. But take a look at the statute that follows, the penalties could be much more severe in some circumstances.

C.39:4-77.1) is amended to

read as follows:

1. a. (1) Each driver of a motor vehicle operated on a street or

highway in this State shall have an affirmative duty to make all

reasonable efforts to remove accumulated ice or snow from

exposed surfaces of3 the motor vehicle prior to operation [; this] ,

which surfaces3 shall include, but not be limited to,the hood,

trunk, windshield, windows, and roof of the motor vehicle, the

cab of a truck, the top of a trailer or semitrailer being drawn by a

motor vehicle, and the top of an intermodal freight container being

carried by an intermodal chassis . A person who violates the

provisions of this subsection may be stopped on a street or highway

by a law enforcement officer who believes the accumulated ice or

snow may pose a threat to persons or property and shall be subject

to a fine of not less than $25 or more than $75 for each offense

regardless of whether any snow or ice is dislodged from the motor

vehicle. No motor vehicle points or automobile insurance

eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-

14) shall be assessed for[this offense] a violation of this

paragraph. Every day upon which a violation occurs shall be

considered a separate violation, but no person shall be subject to

more than one fine for a violation of this paragraph in a period of 24

consecutive hours .

(2) This subsection shall not apply to any driver of a motor

vehicle operated during a snow or ice storm that began and

continued for the duration of the motor vehicle’s operation or to any

operator of a motor vehicle while it is parked.

(3) No fine shall be imposed pursuant to paragraph (1) of this

subsection on the driver of a commercial motor vehicle, as the term

is defined in R.S.39:1-1, that is traveling to a location where

equipment or technology that is used to remove snow and ice from

commercial motor vehicles is available, provided that the driver has

not already passed a location with snow and ice removal equipment

 

or technology after snow or ice shall 1 have accumulated on the

exposed surfaces of the commercial motor vehicle. In determining

whether the vehicle has already passed a location with equipment or

technology that is used to remove snow and ice from commercial

motor vehicles, a law enforcement officer shall have the authority

to inspect any documentation relating to the route traveled by the

driver of the commercial motor vehicle prior to being stopped,

including, but not limited to, a log book or map depicting the route

traveled by the vehicle.

(4) Notwithstanding the provisions of paragraph (1) of this

subsection:

(a) the person who is in physical possession of a motor vehicle

at the time snow or ice accumulates on the exposed surfaces of the

motor vehicle shall be responsible for removing the accumulated

snow or ice from the exposed surfaces of the motor vehicle and

shall be liable for a violation of the duty to remove accumulated

snow or ice prior to operation of the motor vehicle pursuant to

paragraph (1) of this subsection. If the driver of the motor vehicle

was not in physical possession of the motor vehicle at the time the

snow or ice accumulated, then such driver shall not be liable for a

violation of paragraph (1) of this subsection.

(b) in the case of any trailer or semitrailer being drawn by a

motor vehicle or of any vehicle or combination of vehicles carrying

an intermodal freight container, the person, including, but not

limited to a shipper or consignee, who is in physical possession of

the trailer, semitrailer, or container at the time snow or ice

accumulates on such trailer, semitrailer, or container shall be

responsible for removing the accumulated snow or ice from the

trailer, semitrailer, or container and shall be liable for a violation of

the duty to remove accumulated snow or ice prior to operation of a

motor vehicle pursuant to paragraph (1) of this subsection. If the

driver of the motor vehicle was not in physical possession of the

trailer, semitrailer, or container at the time the snow or ice

accumulated, then such driver shall not be liable for a violation of

paragraph (1) of this subsection.4 35

b. When snow or ice is dislodged from a moving vehicle and

strikes another vehicle or pedestrian causing injury or property

damage, the following penalties shall apply:

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 pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall

be assessed for[this offense] a violation of this subsection446 .