STATE OF NEW JERSEY
213th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION
Sponsored by:
Senator NICHOLAS J. SACCO
District 32 (Bergen and Hudson)
Co-Sponsored by:
Senator Buono
SYNOPSIS
Requires drivers to make all reasonable efforts to remove ice or snow from vehicle; creates fine.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning ice and snow on motor vehicles and amending P.L.1997, c.124.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1997, c.124 (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 the motor vehicle prior to operation; this shall include the hood, trunk and roof of the motor vehicle. 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.
(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.
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.
(cf: P.L.1997, c.124, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill makes failure to remove accumulated ice or snow from a motor vehicle prior to operation, a motor vehicle offense. Under the provision of this bill, each driver of a motor vehicle, whether a non-commercial or commercial vehicle, has an affirmative duty to make all reasonable efforts to remove accumulated ice or snow from the motor vehicle, including the hood, trunk and roof prior to operation. Anyone who violates this provision may be stopped by a law enforcement officer who believes the accumulated ice or snow may pose a threat to persons or property. The driver would be subject to a fine of not less than $25 or more than $75, 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) would be assessed for this offense.
The bill specifically provides that the duty to remove the accumulated snow or ice does not apply to snow or ice that accumulates on a vehicle during a storm that began and continued for the duration of the motor vehicle's operation or to a parked motor vehicle.