Public Safety Message: Winter Driving

It is that time of season again, yes snow and ice! I wanted to take the opportunity to remind the motoring public of the following. In 1999 a young girl, Jessica Smith who was twenty years old had her life cut short and was killed on Route 202 in Peterborough, N.H when a large piece of snow/ice came off a vehicle and struck her vehicle as she was traveling in the opposite direction. This preventable tragedy resulted in the parents bringing forth a bill to the State Legislature known as the Jessica Smith Law. After several hearings and testimony from many a law was passed prohibiting snow and ice being left upon vehicles. This law was effective on January 1, 2002. Although this would seem to be common sense, many drivers either don’t know the law or don’t pay attention. Again, common sense!

The law, Negligent Driving under RSA 265:79-b is outlined below and the penalties. The intent of the law (the testimony can be read outline under the State Legislature minutes) was to prohibit snow and ice on a vehicle “in a manner that endangers or is “LIKELY TO ENDANGER A PERSON OR PROPERTY” or engaging in other activities that would support the elements of the motor vehicle violation.

2015 New Hampshire Revised Statutes
Title XXI - MOTOR VEHICLES
Chapter 265 - RULES OF THE ROAD
Section 265:79-b - Negligent Driving.
Universal Citation: NH Rev Stat § 265:79-b (2015)

265:79-b Negligent Driving. – Whoever upon any way drives a vehicle negligently or causes a vehicle to be driven negligently, as defined in RSA 626:2, II(d), or in a manner that endangers or is likely to endanger any person or property shall be guilty of a violation and shall be fined not less than $250 nor more than $500 for a first offense and not less than $500 nor more than $1,000 for a second or subsequent offense.

The Francestown Police Department has had many operators violating this law in recent years. We ask that you please remove the snow and ice from your vehicles. The failure to do so may result in a high monetary fine (see above fine), civil liability and possible injuring or causing another preventable tragedy. The life you save may be your own.

Respectfully submitted,

Fred Douglas
Chief of Police