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Considerations for Snow Plow Season

(January 2025) - Winter is upon us and for some of us, that means snow days are here!  As kids, waking up and watching the scrolling list on the bottom of the news screen to find out if you could go back to bed was almost as great as Christmas morning.  But as adults, snow days just mean figuring out childcare, digging out our cars, and navigating the roads.  “Don’t be in such a hurry to grow up” they all said…and now we understand.

Snow on the roads means snow plows of all shapes and sizes will be on the roads.  In rural areas of the country you will see snow plows attached to pickup trucks, tractors, and even ATVs for use on private property.  States’ rules vary as to whether individuals can attach plows to their vehicles in the winter.  In Pennsylvania, there is no law specifically stating that you cannot attach a plow to your personal vehicle, but you are required to ensure your vehicle is clear of all built up snow and ice that could dislodge while driving and cause a hazard, and this would extend to a snow plow vehicle as well.  In Ohio, you can operate a snow plow on a truck, but the vehicle must meet specific safety standards regarding lights and overall condition, and the operator may need to comply with local ordinances regarding snow removal depending on the municipality.  Minnesota law restricts the size of snow plows allowed on public roadways to less than eight feet, six inches.

As with most things, the laws in the states that experience snow vary greatly.  However, the majority of snow plows utilized by state and local municipalities are commercial tri-axle vehicles.  There are many single unit commercial vehicles, including tri-axles, which are subject to the Federal Motor Carrier Safety Administration’s regulations. (49 CFR 390.5)  However, there are both exemptions from the rules for various types of drivers and vehicles, as well as exceptions, which are granted for specific circumstances. 

Drivers of snow plows who work directly for state or local governments are exempt from most of the Federal Motor Carrier Safety Regulations, including the hours-of-service rules, because of the exemption provide in 390.3(f)(2), related to “[t]ransportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States.”  However, snow plow drivers are subject to the CDL rules in Part 383 (see 49 CFR 390.3(b)) and the drug/alcohol testing rules in Part 382. However, there is an exception carved out related to the CDL requirements for snow removal if either the properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle; or the employing governmental entity determines that a snow or ice emergency exists that requires additional assistance. (49 CFR 393.3(d)) 

So stay safe on the roads this winter and allow the snow plow drivers room to clear a path for intrastate and interstate travelers alike, so we can move forward to warmer weather safely.

Author:

Ashley N. Rodgers, Partner and Vice-Chair of Transportation Practice

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