Town Of Pinckney
 Laws 

NY State Law Section 319

April 14, 2015
April 14, 2015
Overview:

 

Now that winter is fully upon us, it is important to be reminded of a few things in regards to snow removal and

winter driving:

 

1. Highway agencies spend a considerable amount of tax money to ensure the roads are cleared in an

efficient manner after snow and ice events. Snow removal efforts do not guarantee bare or dry roads.

The cost to provide these conditions would far outstrip what most tax payers would be willing to pay.

Even when bare roads can be obtained, weather conditions such as wind and rapidly dropping

temperatures can alter highway conditions dramatically from one area to the next. The best course of

action for anyone traveling during the winter months is to adjust your driving to meet the conditions

present.

 

2. "Slick Roads Cause Accidents" is often a frequent newspaper headline during the winter months. The

truth is that slick roads may contribute to an accident but they are not the sole cause of accidents.

Accidents are generally caused by drivers who fail to drive appropriately for winter conditions. Sections

l180(a) and 1180(e) of the Vehicle and Traffic law state that "No person shall drive a vehicle at a speed

greater than is reasonable and prudent under the conditions and having regard to the actual and potential

hazards then existing." Accepted safe winter driving practices include, but are not limited to, slower

driving, increased braking distance and increased vehicle separation. Following these guidelines will

significantly reduce your chances of being involved in an accident on slick roads.

 

3. During and after snow events, highway agencies, in the course of plowing, receive phone calls regarding

damage to mailboxes, either from snow plows directly or from the force of snow being thrown by plows.

If such damage is indeed caused by snow removal, it is not done intentionally. It is, however, an

unfortunate consequence of snow removal. As far as the particular agencies replacing damaged

mailboxes, it must be pointed out that there is no statutory or legal authority requiring them to do so. In

fact, under Section 319 of the New York State Highway Law, mailboxes are considered highway

obstructions and are only "allowed" in the right-of-way as a convenience to the owner as it is understood

they are required for mail delivery. Additionally, an opinion issued by theAttomey General on February

28, 1966 stated, "When the necessity of keeping the highway open conflicts with an individual's

reception of the mail, the later must stand aside." Highway crews do their best to avoid mailboxes, but

often times visibility, oncoming traffic and heavy snow work against them. The best method to protect

your mailbox during the winter months is to ensure it is properly attached to the post and to keep the

mailbox assembly simple to limit impact surface are for plowed snow.

 

David Becker

Lewis County Highway Superintendent

 

Don Cook Highway Superintendent

Town of Pinckney

587 County Route 194

Copenhagen, NY 13626