Although it is not technically illegal to pass a snow plow in New York, it is often unsafe to do so. For this reason, many drivers who give in to the temptation to pass these slow-moving vehicles often find themselves receiving a traffic ticket. Standing up for your rights and fighting the ticket will require having a law firm that understands the state’s traffic laws.

Turn to The New York Traffic Ticket Lawyers. We are experienced with all manner of traffic tickets, including those related to unsafe passing and snow plows. We can advise you on your legal rights and options today.

Snow Plows and Limited Visibility

It is not illegal, on its own, to drive past a snow plow. But New York traffic and safety officials strongly discourage drivers from doing so. One of the main reasons is that both snow plows and drivers have limited visibility.

Snow plows have a limited field of vision, which often prevents their drivers from accurately seeing ahead and safely passing. They also create massive clouds of snow that limit visibility for themselves and other drivers.

As for other drivers, they should know that the plow extends several feet ahead of the truck and can be difficult to spot during poor weather. Drivers who do not take this into consideration when passing can inadvertently cause a wreck.

How to Safely Pass a Snow Plow

The above and other risks make it generally unsafe, but not illegal, to pass snow plows on highways and roads. Officials caution that drivers should exercise reasonable safety when in the proximity of these large vehicles. For instance:

• If you are behind a snow plow, you should remain well behind it. The New York State Department of Transportation recommends up to 8 car lengths of space and to avoid passing the plow if possible.
• If you pass a snow plow on the left, do not return to your original lane too quickly since the plow extends for several feet in the front. There’s a good chance you will not be able to see the plow, and you could collide with it and cause a serious accident.
• Snow plows may travel more slowly than surrounding traffic due to visibility issues and their large sizes, so account for possible delays in your driving plans.

All New York drivers should remember that snow plow operators are simply trying to do their job to keep the state’s roads safe. By exercising caution and respect for the rights of others, everyone can drive safely and avoid unnecessary traffic tickets.

Unsafe Lane Changes and Snow Plows

The issue that many drivers run into when passing a snow plow isn’t the passing itself, but driving behaviors which are often associated with doing so. Driving unsafely, especially considering the prevailing conditions, can lead to a ticket.

Passing a snow plow can result in a traffic ticket if you make an unsafe lane change or improper passing maneuver. New York Vehicle and Traffic Law (VTL) § 1128(a) prohibits changing lanes until the driver determines they can safely do so. Meanwhile, VTL § 1163 requires drivers to use their turn signal for certain lane changes and movements.

When passing a snow plow, conditions such as blowing snow, poor visibility, and obstructed lane markings may make it difficult to determine the safety of a lane change. Cutting in front of a plow before there is enough clearance could result in a ticket for unsafe lane change, improper passing or, in some cases, reckless driving.

Also, some drivers speed up when attempting to pass these vehicles. You could end up with a speeding ticket if you drive above the posted limit. Driving too fast for the conditions may result in a separate speeding violation, and particularly dangerous conduct could land you with a reckless driving ticket.

Points and Fines for Snow Plow Passing Tickets

Passing a snow plow itself doesn’t give you a ticket; rather, it’s the violation that is charged. For example, a ticket for improper passing, unsafe lane changes, and driving left of center can result in 3 points added to your driving record. Speeding over the posted limit can mean 3-11 points, depending on speed. Reckless driving can result in 5 points.

Fines vary based on the ticket. Speeding over the posted limit can land you with a fine of anywhere from $45 to $600. As for passing and lane violations, you could have to pay up to $150 for a first conviction, up to $300 for a second conviction, and up to $450 for a third.

Potential Weather-Related Defenses

Although bad weather itself doesn’t automatically excuse bad driving, it can help demonstrate whether the driver’s actions were reasonable. It may also help you challenge the law enforcement officer’s observations. Here are some weather-related defenses to consider:

• Poor visibility: Blowing snow and falling snow can easily obscure other vehicles in the area, which could affect what the driver saw and, in turn, their judgment in making the driving maneuver in question.
• Sudden change in conditions: A rapid deterioration in either the weather or road conditions may help explain why the driver engaged in a certain maneuver. It may even be possible that the driver acted for the sake of trying to stay safe.
• Snow or ice: The driver’s vehicle may have unexpectedly slid or drifted because of slippery conditions, rather than driver error or misconduct, which could be relevant to an alleged unsafe lane movement or reckless driving.
• Officer’s visibility: If blowing or falling snow substantially reduced the officer’s ability to correctly observe the driver’s maneuvers, the driver could challenge the accuracy or completeness of the officer’s observations.
• Conflicting evidence: Dashcam footage, photographs, weather records, and even witness testimony could demonstrate substantially different conditions that contradict the officer’s allegations and undermine their credibility.

What To Do After Receiving a Ticket

If you have received a ticket for unsafe passing or some other driving behavior associated with driving near a snow plow, you should first review the ticket to determine what exactly you were cited for. Determine how long you have to respond to it and make a note of the deadline.

Preserve any relevant evidence you may have such as dashcam footage. Make a note of where the traffic stop occurred since there may be surveillance cameras in the area. Try to reconstruct the details of the conditions and your driving, and write down what you can remember.

Finally, connect with The New York Traffic Ticket Lawyers. We can explore your options for handling a ticket related to passing a snow plow and seek an outcome that could save you points and fines. Reach out to us now to get started.