Article IX: Snow and Ice on Commercial Vehicles

§ 818-62 Legislative intent.

This Legislature hereby finds and determines that winter weather often creates dangerous driving conditions on local roads and highways. This Legislature also finds and determines that these conditions are exacerbated when motorists fail to remove snow and ice which has accumulated on their vehicles. This Legislature determines that freezing precipitation can add 10 pounds to 20 pounds per foot to the weight of a vehicle, which becomes increasingly significant and dangerous on large vehicles. This Legislature further finds and determines that large pieces of snow or ice dislodged from moving vehicles creates a serious public safety hazard for nearby pedestrians and vehicles. This Legislature finds that, in the interest of maintaining public safety, accumulated snow and ice from should be cleaned from commercial vehicles prior to their operation on roadways.

Therefore, the purpose of this article is to require that snow and ice accumulations on commercial motor vehicles in Suffolk County be removed from prior to driving.

§ 818-63 Removal required.

Any registered owner of a commercial motor vehicle shall be responsible for and have an affirmative duty to make all reasonable efforts to remove as much snow and ice accumulation as possible from his/her vehicle prior to its operation on a street or highway in Suffolk County. This shall include removal of accumulation from the hood, windows, roof and trunk of the vehicle.

§ 818-64 Exemptions.

These requirements shall not apply to any motor vehicle that is operated during a snow or ice storm which began and continued for the duration of the motor vehicle's operation or to any motor vehicle while it is parked.

These requirements shall not apply to school buses, transit buses or paratransit buses.

§ 818-65 Penalties for offenses; liability for and disposition of fines.

Failure to remove snow or ice accumulation from a commercial motor vehicle prior to operation shall constitute a violation and the owner of such vehicle shall be subject to a fine not to exceed $150.

When a commercial motor vehicle is in violation of this article and snow or ice is dislodged from the vehicle, resulting in personal injury or property damage to another, the owner of the commercial motor vehicle shall be guilty of a violation and subject to a fine no less than $500 or greater than $1,500 per offense.

Any penalties assessed under this article shall be paid by the owner of the commercial vehicle, and said owner shall be prohibited from requiring the vehicle operator to pay such penalties or any additional fines in association with the violation of this article.

All penalties collected pursuant to this article shall go the County of Suffolk and be deposited into the general fund.

§ 818-66 Applicability.

This article shall apply to all actions occurring on or after the effective date of this article.

§ 818-67 Reverse preemption.

This article shall be null and void on the day that statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation or pertinent preempting state or federal regulations have been enacted for the purpose of triggering the provisions of this section.

§ 818-68 When effective.

This article shall take effect on the 60th day immediately following its filing in the office of the Secretary of State.