Wednesday - January 12, 2011

2011 Freedom Update: Legislating Common Courtesy

Yes, I can’t stand those lazy bastards either. Getting behind a driver who has barely cleared a porthole in the snow on his windshield can be both frustrating and dangerous. Frustrating, because all the crap blows off his SUV - it’s usually a minivan or a damn Jeep Cherokee - leaving a wake of blown off snow on everyone else as they blast down the highway. And dangerous, especially with the bigger SUVs and trucks, when a great chunk of ice comes flying off the roof and heads right at you at 75mph. So now NJ has passed a law. For your own good. Another one of those laws, like their “move over” law, that legislates common sense and common courtesy. I hate laws like that, and I think they are unconstitutional. But this one twists my soul, because it makes sense, and it really is necessary. I hate that in an unconstitutional law, don’t you?

Judging from the last snowfall, I guess not everyone got the memo — the one from Trenton after years of debate.

That would be the law making New Jersey the first state to impose fines on drivers who don’t clear snow or ice from their vehicles before it flies off and inflicts damage or injury.

Statute 39:4-77.1 finally took effect just in time for the post-Christmas blizzard as well as Friday’s snowfall, but that didn’t stop drivers from carrying several inches of snow on roofs and hoods. As you can see from reader photos taken in such places as Fair Lawn and Woodland Park, drivers and their employers must think this new law is only advisory.

It isn’t. The fine is $25 for the first offense. Subsequent offenses can cost $75 each. They’re higher if your snow causes injury or damage — $200 to $1,500.

Commercial big rig trucks are NOT exempt. Somebody better get up on top of the trailer and brush it off:

… other New Jersey drivers favor the snow ban by a 2-1 ratio, according to a AAA poll. But if truckers, or anyone else, can’t bear to clean up, here’s the best motivation:

“We don’t issue warnings for this violation,” said state police Capt. Frank Davis. “Drivers are expected to comply.”

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

9 1. Section 1 of P.L.1997, c.124 (C.39:4-77.1) is amended to read as follows:

11 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 surfaces 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.

Did you get that? You don’t even have to be driving around such that any snow is falling off your vehicle. If a cop thinks your vehicle is a danger, you get fined. No ifs, ands, or buts. But at least you can only be fined once per day, and they can’t nail you until it stops snowing:

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 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 have accumulated on the exposed surfaces of the commercial motor vehicle.

blah blah blah. This law went into effect in the fall, and it looks like commercial vehicles will have one year to comply. So all the truck stops and weigh stations are going to be getting roof scrubbers I guess. And part of the fine money will go towards grants to provide such things to the truck stops. Read the whole thing if you have the inclination.

Now I think I’ll start pushing Trenton to pass my Mud Flap bill. It would require all vehicles, SUVs and tractor trailer trucks included, to have fenders that extend at least 1.5” out further than the sidewall of their tires (that part already is law, although I think it’s limited to the tread groove area) and mudflaps in the back that are at least 2” wider than the tires AND hang down at least 3” below the center of the wheel, or to within 4” of the pavement, whichever is closer. And they have to be stiff enough or heavy enough to stay in place at 90mph on dry pavement. I utterly HATE getting behind some assmunch oblivion bastard driving his fatpig SUV down the highway, with such aggressive off road tires on it that you can hear them screaming from half a mile away, blasting up thousands of gallons of spew on rainy days.  Get some street tires numbnuts, and cover your damn treads. Jeep drivers are the worst offenders, especially those dimwits in Cherokees (which NEVER go off-road even as far as a gravel driveway in NJ). Every single car in this state has chips in the hood and in the windshield from gravel kicked up by your inconsideration, and I for one am sick of being blinded by the fog you jerk offs leave behind you when you cut me off in wet weather. Cut the spew, or we’ll cut you. Legally that is, via nasty fines and points on your license. And I’ll get the law written like this snow law, so that all a cop has to do is put a ruler up against your car in the parking lot. It won’t even have to be raining. And you’ll get a $200 fine in the mail.

PS - next time you’re out on the highway during a rain storm, pay attention to the trailers on the UPS trucks. They all have this brush arrangement above the wheels, and it does a better job of catching the water and stopping the spew than anything I’ve ever seen. I’m not sure how it works, but it does work quite well. As far as I’ve seen, they are the only ones using this design.

Posted by Drew458     on 01/12/2011 at 10:34 PM   
Filed Under: • Climate-Weather • FREEDOM • Judges-Courts-Lawyers •  
• Comments (3) • Trackbacks(0)  Permalink •  

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