Dear Brothers and Sisters,

   Several questions have been raised on the subject of snow & ice accumulations on the tops of trailers. The State of New Jersey passed a law in 1997 concerning snow and ice falling from the tops of tractor trailers. The law reads as follows:

  R.S. 39:4-97 b.

   b. The driver of a vehicle shall be guilty of careless driving if accumulated ice or snow is dislodged from the vehicle and strikes another vehicle or pedestrian causing injury or property damage.

   1. When snow or ice is dislodged from a moving vehicle and strikes another vehicle or pedestrian causing injury or property damage, the following penaties shall apply:

      The operator of a non-commercial motor vehicle shall be subject to a fine of not less than $200.00 or more than $1000.00 for ach offense.

The operator, owner, lesse, bailee, or any one of the aforesaid of a commercial motor vehicle shall be subject to a fine of not less than $500.00 or more than $1500.00 for each offense.

    It is the Local's position that this Staute, combined with the language set forth in Article 18, section 1, paragraph 3 of the National Master Agreement, permits a driver of a vehicle that has a reasonable amount of snow or ice accumulation on top of it to refuse to drive the vehicle for safety and legal reasons. It is the Company's responsibility to remove this snow and ice accumulation from the top of the trailer before the vehicle departs the property.

  We hope this information sufficiently answers any questions you may have on this subject. If you have any additional questions on this subject please see your Shop Steward or contact the Hall.