Remove Snow and Ice From Your Car in New York City or Face Big Fines

Remove Snow and Ice From Your Car in New York City or Face Big Fines

Remove Snow and Ice From Your Car in New York City or Face Big Fines

After years of trying, New York State passed a bill in December 2018 creating new fines for failure to properly clear snow from your vehicle when it is in operation. Article 33 of the New York Vehicle and Traffic Law (NYVTL) has a new section, S. 1229-e, which describes the circumstances under which drivers must remove snow, ice, and hail from a vehicle before operating. The law applies statewide, including New York City, and becomes officially effective December 2019.

What is The Law for Removing Snow and Ice from Your Car in New York City?

Under the new law, any person operating a motor vehicle on a public street or highway:

  • Must remove any accumulation of snow, sleet, or hail in excess of three (3) inches of the vehicle surface.

  •  Clear surfaces that include the roof and any cargo bed and includes the occupant compartment, any trailer equipment, or any other cargo compartment

The law does not apply:

  • When snow, sleet, or hail is currently falling

  • Within three hours after precipitation has stopped

  • While a vehicle is parked and not being operated

  • To emergency and public safety vehicles

What is the Fine for Failure To Remove Snow, Sleet, or Ice from a Vehicle in New York City?

The fine can range from $150 - $850 per violation. The actual amount of the fine will be determined by the circumstances of the violation brought before the court, but will be at least $150 if a violator is found guilty. Paying the fine is an admission of guilt with no recourse.

However, no points will go against your license.

Why is a Law Needed for Vehicle Snow Removal?

When excess snow accumulates on vehicles, wind and speed can blow the snow, ice, and sleet off the vehicle and into traffic causing hazardous situations. The material can land on windshields, for instance, causing blinding conditions for other drivers. When snow and ice lands in the roadway, it can cause additional slippery conditions as well as obstacles on the road. The intent of the law is to prevent accidents and potentially serious injuries to drivers, their passengers, and pedestrians.

What Will Money from the Fines Be Used For?

The money raised from these fines will help fund aid and assistance programs as follows:

  • 10% for the Department of Motor Vehicles (DMV) for data collection and reporting

  • 50% for creation of snow and ice removal sites for common carriers, i.e., delivery-type vehicles. Half will go to Department of Transportation (DOT) rest areas and service areas and half will go to the New York State Thruway Authority for these sites.

  • 30% to provide matching funds to common carriers who install their own ice and snow removal equipment as well as to create public awareness campaigns.

How to Avoid a Fine for Failure to Remove Snow from Your Car?

The best way to avoid the fine, of course, is to properly remove snow, sleet, or ice before operating your vehicle. Under the law, the removal should include the entire surface. You can be fined, for example, for clearing only a small space on your windshield to see out of and leaving the rest, or not completely removing snow from the entire roof.

If you do receive a fine, document the situation, with photographs if possible, and include the time (note: the enforcing officer should include the time on the ticket citation). As noted, you do not have to remove the accumulation until it reaches three (3) inches or within three (3) hours after the precipitation stops. A New York City traffic lawyer will want to know the details of the incident in the event you want to contest the ticket.

As with any situation involving interaction with traffic and police officers, you should avoid escalating the situation. Officers can—and will in their own discretion—ticket for additional violations such as snow covering headlights and tail-lights or obscuring a license plate. These violations are separate than the failure to remove snow citation and will involve additional fines.

What Should You Do If Ticketed for Failure to Remove Snow, Sleet, and Ice?

If you do not dispute the ticket and pay the fine, the court views this as an admission of guilt. Case closed. However, the fine can be significant in some cases, so you may want to consult with a New York City traffic attorney before paying the fine. A traffic lawyer understands the nuance of the law and can give you advice on whether your particular situation can be—or should be—contested. Many traffic attorneys in the New York City provide an initial consultation for no fee.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Michael Beer