Kenneth from Denver writes, “What’s driving you crazy? Hello Mr Jayson, I watch you and the channel 7 news every morning because I trust you and your reporting. Could you please confirm if driving with snow stacked on top of your car and covering the front and back windows is legal? I find it to be so dangerous for others and the driver. I don’t want the snow to fly off and hit my car or any other car and that might cause me to react in a way that would cause an accident. Shouldn't the police be giving those drivers a ticket? Can you tell them that they should remove the snow and that the consequences of their lack of action and lack of consideration for others is dangerous!”
As much as we would like drivers to do the courteous thing Kenneth, clearing snow from the entirety of their car is one of those things many people tend to ignore.
As you stated, driving with snow still on the hood or roof, definitely on the windows is a major risk, not just to you behind one of these drivers but to the snow-covered vehicle driver as well. The snow on the roof could slide during a braking and cover the windshield, blocking a clear view of the roadway but the major danger comes from flying snow and ice coming off a vehicle. Blowing snow can be annoying, distracting and can sometime limit the visibility of the driver behind that snowy car but if an ice chunk comes loose, that could break a windshield, cause a wreck or even worse.
It was Christmas Day, 2005 when Pennsylvanian Christine Lambert was driving after a snow storm and was killed by a chunk of ice that came off a trash truck, crashing through the windshield of her car. The law is called “Christine’s Law” and states drivers must make “reasonable efforts to remove accumulated ice or snow from the motor vehicle or motor carrier vehicle, including the hood, trunk and roof of the motor vehicle or motor carrier vehicle, within 24 hours after the cessation of the falling snow or ice.”
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It might take a situation like what happened years ago in Pennsylvania to change the law here in Colorado. Even though clearing snow from a vehicle is required by law in several US states and in Canada, cleaning snow off your vehicle is not mandated by Colorado state law. The only statute that would apply is Colorado Revised Statute 42-4-201, which covers obstruction of view. Part 4 says, “No vehicle shall be operated upon any highway unless the driver's vision through any required glass equipment is normal and unobstructed.”
That includes an unobstructed view through the front windshield and all other windows in the car.
The Colorado State Patrol says another law that could be applicable would be Colorado Revised Statute 42-4-1407 (1), which states you cannot drive a vehicle with the load blowing, dropping, sifting, leaking, or otherwise escaping. Under this law, snow could be considered a load and could easily blow, drop, leak or escape from the vehicle while driving.
According to the Burg Simpson law firm, if you are injured in an accident as a result of another driver’s failure to remove the ice or snow from his or her vehicle, then you might have a claim against that other driver for negligence.
“The other driver’s failure would be judged by the standard of whether a reasonable person would remove all of the snow or ice from his or her car in the event you filed a personal injury lawsuit against the other driver," the firm said. "Therefore, there can be consequences to not cleaning off your car of ice and snow in Colorado aside from simply a ticket or a fine. You could find yourself facing liability for damages if your failure to clean off your car causes an accident.”
The fine for Obstructed View is $35 plus surcharges and does not assess points to your license.
Denver7 Traffic Expert Jayson Luber says he has been covering Denver-metro traffic since Ben-Hur was driving a chariot. (We believe the actual number is over 25 years.) He's obsessed with letting viewers know what's happening on their drive and the best way to avoid the problems that spring up. Follow him on Facebook, Twitter or Instagram or listen to his award winning Driving You Crazy podcast on any podcast app including iTunes, iHeartRadio, Spotify, Podbean, or YouTube.
