Jessica's Law in New Hampshire: Fines and Liability for Driving with Snow or Ice on Your Roof

Understanding the Scope of the Snow and Ice Law

Winter weather brings significant challenges to drivers in the Granite State. One of the most critical responsibilities for any motorist is clearing their vehicle before hitting the road. In New Hampshire, this is not just a polite courtesy; it is a strict legal requirement. The legislation, widely known as Jessica's Law, was enacted to prevent tragic accidents caused by heavy sheets of ice flying off moving vehicles and crashing into the windshields of trailing cars. The formal statute governing this is N.H. Rev. Stat. Ann. § 265:79-b.

Law enforcement officers actively patrol highways and local roads during and after winter storms to enforce this rule. The law specifically mandates that drivers must remove all accumulations of snow and ice from their hoods, windows, and roofs. Whether you are driving down Interstate 93 near Manchester or navigating the local streets of Nashua, failing to comply can lead to an immediate traffic stop.

How the Law Applies to Specific Micro-Niches

The requirement to clear your vehicle applies uniformly, but certain groups of drivers often face unique challenges when trying to comply with N.H. Rev. Stat. Ann. § 265:79-b.

Drivers of Commercial Box Trucks

Operating a large commercial vehicle or box truck makes clearing the roof extremely difficult due to the height of the trailer. However, the law provides no exemptions for commercial drivers. Fleet operators and independent truckers must use specialized snow-clearing tools, roof rakes, or drive-through snow removal systems before entering public roads. If a sheet of ice dislodges from a commercial truck, the resulting damage can be catastrophic, often leading to complex negligence per se claims, similar to the principles discussed in Moulton v. Groveton Papers Co., 112 N.H. 50 (NH Supreme Court 1972).

Out-of-State Winter Tourists

Every winter, thousands of tourists visit cities like Concord and Portsmouth for skiing and winter sports. Many come from southern states and are completely unaware of this specific local requirement. Unfortunately, ignorance of the law is not a valid defense in traffic court. Out-of-state drivers cited for a violation must still respond to the ticket, either by paying the fine or contesting it through the appropriate local court, such as the 6th Circuit Court, District Division, Concord.

Rental Car Operators

If you rent a car at the airport, who is responsible for the snow on the roof? Under state law, the liability falls entirely on the individual operating the vehicle on the public roadway, not the rental agency. Before driving off the lot, renters must ensure the vehicle is fully cleared. If you receive a citation, it goes on your driving record, and any property damage caused by flying ice from your rental will likely trigger a claim against your personal auto insurance policy.

Step-by-Step Guide to Handling a Citation

If you are pulled over and cited for driving with snow or ice on your roof, it is essential to understand the procedural steps required to resolve the issue.

Step 1: Review the Citation Thoroughly

Check the ticket to verify the exact statute cited, usually N.H. Rev. Stat. Ann. § 265:79-b. Note the court date and the specific district division where the ticket was filed, such as the 9th Circuit Court, District Division, Manchester or the 9th Circuit Court, District Division, Nashua.

Step 2: Report Any Associated Accidents

If the flying ice caused a collision, you must report the crash to the state. Generally, you will need to file a formal report. Ensure you accurately fill out Form DSMV 400, New Hampshire, Division of Motor Vehicles, Operator's Report of a Crash within the legally required timeframe.

Step 3: Decide Your Plea

You generally have the option to plead guilty and pay the fine by mail or online, or plead not guilty and request a trial. If you feel the stop was unjustified, you may want to consult with a local attorney from our directory who handles traffic defense.

Step 4: Attend the Court Hearing

If you contest the ticket, you must appear at the designated court on your scheduled date. Arrive early, dress professionally, and be prepared to present your case. The judge will listen to the officer's testimony and your defense before rendering a verdict.

How Much Are the Fines in New Hampshire?

The financial penalties for violating the snow and ice removal law are significant and scale up for repeat offenses. In addition to the base fines, the state may attach a penalty assessment, which increases the total amount due.

Civil Liability for Property Damage

Beyond the traffic ticket, the most severe consequence of failing to clear your car is civil liability. If a chunk of ice flies off your vehicle and smashes the windshield of another car, causing injury or property damage, you can be sued in civil court. Under general negligence principles found in N.H. Rev. Stat. Ann. § 507:7-e, the injured party may seek compensation for medical bills, vehicle repairs, and lost wages. In these situations, retaining a personal injury defense lawyer is highly recommended.

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