What would the charge be...

[Darin]

What (if any) charges could be filed against a big semi whose trailer is loosing huge chucks of ice? I watched a tractor and trailer throwing huge chicks of ice onto interstate 81 yesterday. Some pieces were so big that they could have easily busted a windshield and cause a major crash.

What if it's a car and they didnt clean all the snow and ice off the top and it comes flying off? This is a pet peeve of mine. I always clear ALL the snow off my vehicle before driving. It buggs me to no end to see someone driving with a teeny tiny "peep hole" in the windshield.

What's the law in your state?

[Darin]

Good I'm glad you do that DC. But what about the trailer deal?

[realpolice]

I'm sure there's a State charge for it somewhere.

[Darin]

I asked that question to an instructor at the academy when I went for the pre academy workout and they were kinda stumped. They said there's probably a law somewhere but said to ask a state trooper. LOL

[Scruit]

Unsafe load?

Basically the same charge as if he dropped his muffler?

[Darin]

Yeah I'm waiting for mcsap. He'll know..he knows everything! ;)

[Darin]

Thanks for the article DC.

[mcsap]

There is NO criminal ( traffic cite) penalty for ice/snow coming off of ANY vehicle and causing damage. It would be an unintentional act, leaning towards an act of God and a hazard of living where it snows. You would have to sue them civally.

Just like if a vehicle in front of you kicks up a stone and cracks your windshield, no criminal violation. Poss exception for a truck would be if it didn't have the proper mudflaps and that type of law varies by state.

An unsecure load violation has to do with either the load itself or a piece of the equipment from the truck. A 2 X 4 used to secure a load that falls off would be a good violation. I check trucks out at our interstate truck stop all of the time for unsecure loads. I have had a company hauling flagstone down to Maryland twice that had the stones wrapped in "chicken coop fencing". In two cases, the weight of the rocks travelling 100 miles was starting to poke a hole through the wire mesh. You can only imagine what would have happened if 10 pound rocks would started coming off.

The penalty for an unsecure load here is $100-$300 if it is loose or falls off but doesn't cause any damage. If it causes any damage, $300-$1,000 and up to 90 days.

I was coming up through North Carolina on I-95 about 4 years ago in my full sized Chevy van pulling my 27 ft travel trailer. The 18 wheeler in front of me zigged and I was a fair distance back but was doing 65 mph. When I saw the COMPLETE recap sitting in the middle of my lane, it was too late to do anything but run over it. My van had scuff marks on my heavy duty steel mudflaps and the propane lines on my trailer got bent up. Imagine if I would have been in a car?!!

We had a 18 wheeler lose the complete tandem ( 2 wheels) at the axle 4 position on the driver side come off on the Interstate last fall. The 2 interconnected wheels bounced over the median ( 55 mph zone) , hit a car in the windshield going the other direction and KILLED the driver. The wheels gept going another 250 feet striking another car causing damage before coming to a stop. The truck driver didn't stop and was located that night about 90 miles north. The traffic citations were inconsequential to the civil suit. He was on his way to BWI airport to pick up his wife. Somebody had to call the airport and advise her her husband had died on his way to get her. WHat a way to end a trip.

[Darin]

Thanks for the reply mcsap!

[ousoonerfan3]

We had a 18 wheeler lose the complete tandem ( 2 wheels) at the axle 4 position on the driver side come off on the Interstate last fall.

Had a case just like this in Oklahoma City a year or so ago. A high school student was killed. Luckily a citizen followed the truck and reported to the Hwy Patrol where it was, and the driver was arrested. Damn, I hate following trucks. I just sit there waiting for something to come flying off and then pass the first chance I get.

[P01IC3M4N]

depending on where they're falling from, i could, and most certainly have, write a number of things.

fail to remove loose material from load carrying parts.
fail to remove loose material from non-load carrying parts.
inadequate rear/side panels.
fail to tarp load.

[mcsap]

I don't disagree with your logic P01IC3M4N, but accumulated snow isn't part of a load, vehicle equipment, and not being part of a load doesn't require tarping under FMCSA guideleines. On the otherhand, state laws obviously vary so I can't disagree if your state covers this scenario.

[P01IC3M4N]

now that you mention it, i think operate vehicle in unsafe condition would more appropriately apply.

sorry, we don't have ice in texas so i've yet to run into that one.

[mcsap]

Hold on there ! I saw the worst ice storm of my life while stationed at Sheppard AFB in North TX, And I got stuck overnight at DFW while coming back from leave. Nasty ice storms, just NO snow !!!

[Metrum]

From Illinois

(625 ILCS 5/15‑109) (from Ch. 95 1/2, par. 15‑109)
Sec. 15‑109. Spilling loads on highways prohibited. (a) No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
(b) No person shall operate on any highway any vehicle with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
(c) The Department shall adopt such rules and regulations it deems appropriate which require the securing of steel rolls and other objects on flatbed trucks so as to prevent injury to users of highways and damage to property. Any person who operates a flatbed truck on any highway in violation of the rules and regulations promulgated by the Department under this subsection shall be guilty of a Class A misdemeanor.
(Source: P.A. 82‑231.)