As Coloradoans there is nothing more frustrating than heading over I-70 in the winter and hearing the words “snow storm” and “Interstate closure” in the same sentence.
Colorado has a policy of keeping I-70 open, even during the most treacherous of winter storms. The reason is because of economic injury due to freight delays. According to economic assessment reports from the Department of Transportation and the Motor Carriers Association, disruption of national freight transportation systems stemming from closures of I-70 in Colorado alone is nearly $100 million per year.
The “chain law” for commercial carriers traversing Colorado is very simple. At all times, from September until May, commercial carriers must carry sufficient snow chains or traction devices or face a $50 penalty.
When the Colorado Department of Transportation declares the chain law in effect, all vehicles with a gross combined weight 26,001 lbs or more are required to have 4 or more drive wheels covered with an appropriate traction device. Vehicles with less than 4 drive wheels must have all drive wheels covered with an appropriate traction device.
The penalty for non-compliance is $500 when the chain law is in effect. If the vehicle causes blockage of a travelable portion of the roadway, then a $1,000 enhanced fine is assessed on the commercial driver.
Colorado’s current non-commercial vehicle snow-tire law is divided into two categories: (1) chains or adequate snow-tires and (2) chains only. The Colorado Department of Transportation has the duty of invoking the “chain law,” which, depending on road conditions, maybe for commercial vehicles only, or all vehicles, including cars, trucks, and SUVs.
Currently, HB-1173, sponsored by Reps. Bob Rankin, R-Carbondale, and Diane Mitsch Bush, D-Steamboat Springs, which passed the Senate Transportation Committee unanimously last week, would require all motor vehicles traveling I-70 from Dotsero to Morrison to have sufficient traction in the form of a four-wheel or all-wheel drive vehicle with regular tires with at least one-eighth of an inch of tread depth, snow-tires with a tread depth of one-eighth of an inch, or carry tire-chains or adequate traction devices.
Drivers found in non-compliance would face a $100 fine. An enhanced penalty of $500 would be added if the non-commercial vehicle causes closure of any portion of the I-70.
The non-commercial version of the commercial “chain law” was designed to mirror the commercial version; however the Rankin-Mitsch Bush version doubles the fee for non-compliance and proceeds to solve no problems.
Under the proposed legislation, the most significant change would be to require non-commercial vehicles to have snow-tires or chains at all times from November 1 to May 15, rather than just when the “chain law” has been declared.
The bill is “nanny government” at its finest and presumes that citizens lack necessary common sense to function in society. Colorado already has a non-commercial snow tire law which is clear and goes into effect when CDOT deems the roads particularly hazardous.
The Rankin-Mitsch Bush bill is a “boy scout” measure of mandating being prepared. While the bill’s authors are at it, they should mandate that Coloradoan’s know how to put on chains, perform CPR, and to always carry a medical kit, blanket, and avalanche shovel just in case accidents happen.
Moving beyond the argument that government is trying to mandate common sense, the Colorado State Patrol would have standing probably cause to search any vehicle for compliance. Fourth Amendment gurus out there should be shivering at the unprecedented power being granted to law enforcement.
It may be easy to determine speeding from a radar gun, but how hard is it to tell if a sedan is carrying chains on a beautiful, sunny, dry road day in January?
Unlike the commercial counterpart or current law concerning non-commercial vehicles, the proposed legislation would allow the state patrol to pick and choose when to enforce the law and on which vehicles. This means even when snow-flakes aren’t flying the state patrol could use this legislation to stop a vehicle in pursuit of other offences or mere revenue generation.
The Rankin-Mitsch Bush bill undermines due process, as cars are categorically not typically equipped with four-wheel or all-wheel drive; thus, creating a strong presumption that these cars may be in violation of traversing I-70 without chains, or at least one-eighth tread, regardless of the chain law being in effect.
This author conducted a analysis of all reported closures of I-70 from February 20 to March 30, 2015 and found of the six times the interstate was closed due to automobile accidents at least four were as a result of a truck or SUV. A conclusion here is that certain drivers, even with presumed adequate tires, operate their vehicle in such a way that reflects a belief of immunity from the effects of icy roads.
Before the Senate sends this bill to the Governor, perhaps a little more tread could be added to eliminate the high risk of abuse and the discriminatory aspects of this legislation.
Colorado has a policy of keeping I-70 open, even during the most treacherous of winter storms. The reason is because of economic injury due to freight delays. According to economic assessment reports from the Department of Transportation and the Motor Carriers Association, disruption of national freight transportation systems stemming from closures of I-70 in Colorado alone is nearly $100 million per year.
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| I-70 near Loveland Pass / Eisenhower tunnel Photo credit: thedenverchannel.com 2015 |
When the Colorado Department of Transportation declares the chain law in effect, all vehicles with a gross combined weight 26,001 lbs or more are required to have 4 or more drive wheels covered with an appropriate traction device. Vehicles with less than 4 drive wheels must have all drive wheels covered with an appropriate traction device.
The penalty for non-compliance is $500 when the chain law is in effect. If the vehicle causes blockage of a travelable portion of the roadway, then a $1,000 enhanced fine is assessed on the commercial driver.
Colorado’s current non-commercial vehicle snow-tire law is divided into two categories: (1) chains or adequate snow-tires and (2) chains only. The Colorado Department of Transportation has the duty of invoking the “chain law,” which, depending on road conditions, maybe for commercial vehicles only, or all vehicles, including cars, trucks, and SUVs.
Currently, HB-1173, sponsored by Reps. Bob Rankin, R-Carbondale, and Diane Mitsch Bush, D-Steamboat Springs, which passed the Senate Transportation Committee unanimously last week, would require all motor vehicles traveling I-70 from Dotsero to Morrison to have sufficient traction in the form of a four-wheel or all-wheel drive vehicle with regular tires with at least one-eighth of an inch of tread depth, snow-tires with a tread depth of one-eighth of an inch, or carry tire-chains or adequate traction devices.
Drivers found in non-compliance would face a $100 fine. An enhanced penalty of $500 would be added if the non-commercial vehicle causes closure of any portion of the I-70.
The non-commercial version of the commercial “chain law” was designed to mirror the commercial version; however the Rankin-Mitsch Bush version doubles the fee for non-compliance and proceeds to solve no problems.
Under the proposed legislation, the most significant change would be to require non-commercial vehicles to have snow-tires or chains at all times from November 1 to May 15, rather than just when the “chain law” has been declared.
The bill is “nanny government” at its finest and presumes that citizens lack necessary common sense to function in society. Colorado already has a non-commercial snow tire law which is clear and goes into effect when CDOT deems the roads particularly hazardous.
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| Colo Reps Bob Rankin & Yuelin Willett visit on House floor. |
Moving beyond the argument that government is trying to mandate common sense, the Colorado State Patrol would have standing probably cause to search any vehicle for compliance. Fourth Amendment gurus out there should be shivering at the unprecedented power being granted to law enforcement.
It may be easy to determine speeding from a radar gun, but how hard is it to tell if a sedan is carrying chains on a beautiful, sunny, dry road day in January?
Unlike the commercial counterpart or current law concerning non-commercial vehicles, the proposed legislation would allow the state patrol to pick and choose when to enforce the law and on which vehicles. This means even when snow-flakes aren’t flying the state patrol could use this legislation to stop a vehicle in pursuit of other offences or mere revenue generation.
The Rankin-Mitsch Bush bill undermines due process, as cars are categorically not typically equipped with four-wheel or all-wheel drive; thus, creating a strong presumption that these cars may be in violation of traversing I-70 without chains, or at least one-eighth tread, regardless of the chain law being in effect.
This author conducted a analysis of all reported closures of I-70 from February 20 to March 30, 2015 and found of the six times the interstate was closed due to automobile accidents at least four were as a result of a truck or SUV. A conclusion here is that certain drivers, even with presumed adequate tires, operate their vehicle in such a way that reflects a belief of immunity from the effects of icy roads.
Before the Senate sends this bill to the Governor, perhaps a little more tread could be added to eliminate the high risk of abuse and the discriminatory aspects of this legislation.
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M Soper, "Mandatory Snowtire legislation needs re-treading"The Daily Sentinel (Grand Junction, Colo.) 5 April 2015 pg B5 http://www.gjsentinel.com/opinion/articles/mandatory-snowtire-legislation-needs-retreading# (accessed 5 April 2015)
M Soper, "Mandatory Snowtire legislation needs re-treading"The Daily Sentinel (Grand Junction, Colo.) 5 April 2015 pg B5 http://www.gjsentinel.com/opinion/articles/mandatory-snowtire-legislation-needs-retreading# (accessed 5 April 2015)
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