As winter grips the region and drivers face snowy conditions, a common question often arises for travelers on Maryland roadways. Are motorists legally obligated to clear snow and ice off their cars before driving? According to state law, the answer is no.
State Laws and Regulations
In Maryland, unlike some states, there is no specific legal requirement mandating drivers to remove snow and ice from their vehicles before hitting the roads. The only relevant law on the books is found in Transportation Code §21-1104. It states that:
A person may not drive a vehicle if it is so loaded or there is in the front seat so many passengers as to (1) obstruct the view of the driver to the front or sides of the vehicle; or (2) interfere with the control of the driver over the driving mechanism of the vehicle.
In addition, snow and ice removal isn’t legally required in Virginia or D.C.
However, several other nearby states, including New Hampshire, Pennsylvania, New Jersey, and Connecticut, have enacted laws to combat the dangers of flying ice and snow from moving vehicles. These laws not only mandate the removal of snow and ice but also impose fines and penalties for non-compliance, especially when negligence leads to accidents or injuries.
Consequences of Neglect
Tragically, some motorists have lost their life because of a driver's failure to clean off their vehicle before traveling. In one incident, a 20-year-old woman was killed when a chunk of ice from a tractor-trailer hit a box truck and that truck hit her car.
Maryland lawmakers introduced such a bill in 2016, but it didn’t go anywhere. The legislative measure would have required fines for both non-commercial and commercial drivers who neglected to clear their vehicles of snow and ice.
Recommendations from Maryland MVA
While the law doesn’t specifically require that drivers clear the snow and ice from vehicles, the Maryland Motor Vehicle Administration (MVA) strongly recommends it. In its official motorists’ guide, the MVA advises drivers to clear all windows, mirrors, lights, and the car roof before setting forth in wintry conditions. This guideline aims to minimize risks but lacks the enforcement found in the laws of states like New Jersey and Pennsylvania, where fines are imposed for non-compliance.
Legal Implications of Not Clearing Your Vehicle
Although no direct law compels snow and ice removal, you could still face liability in a personal injury case if your failure to remove snow from your car injures others. You must exercise reasonable care to avoid liability in a negligence lawsuit. If a chunk of ice dislodges from your car and causes a crash or leads to injury, you could be sued. The plaintiff could argue to the court that a reasonable person removes potentially hazardous obstructions such as snow and ice from their vehicle before travel.
Winter Driving Tips
Here are some tips for winter driving.
- Always clear your vehicle: Take a few extra minutes to thoroughly remove snow and ice from all windows, lights, and the roof of your car.
- Maintain visibility: Ensure your windshield and rear window are completely clear to maintain visibility.
- Check your vehicle's condition: Regularly inspect your tires, brakes, and windshield wipers to ensure they are winter-ready.
- Drive cautiously: Adjust your speed according to road conditions and maintain a safe distance from other vehicles.
- Prepare for emergencies: Keep an emergency kit in your car that includes items like a shovel, sand or kitty litter for gaining traction on snowy or icy spots such as parking lots, ice scraper, and warm clothing.
Taking these steps can protect your safety and the safety of others.
Need Legal Help Because of an Auto Accident?
If you’ve been involved in a car accident, an auto accident lawyer can help. The attorneys at Maronick Law LLC have experience with Annapolis, Baltimore, Bel Air, Essex, Ocean City, Towson, and White Marsh personal injury and auto accident matters. Consultations are free.
Maronick Law LLC can meet with you remotely if you have access to Zoom. You can contact the law office at 443-551-2747 or use our convenient online contact form.