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Town snow plow and traffic signs
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gaiaworshipper
February 1, 2013, 3:45pm Report to Moderator
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When plowing our streets should the snow plows obey traffic signs?  For example are they required to stop at stop signs?
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Libertarian4life
February 1, 2013, 4:37pm Report to Moderator

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Quoted from gaiaworshipper
When plowing our streets should the snow plows obey traffic signs?  For example are they required to stop at stop signs?


No, snowplows have absolute right of way always.

If they hit your car, it's your fault, even if you are home in bed.

One snowplow hit a schoolbus that was not moving and the schoolbus driver was at fault.

I believe the same applies to the street sweepers.

All must yield for royal vehicles.

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Shadow
February 1, 2013, 6:50pm Report to Moderator
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BLUE, GREEN AND AMBER LIGHTS

Personal vehicles driven by volunteer fire fighters responding to alarms are allowed to display blue lights, and those driven by volunteer ambulance or rescue squad members may display green lights. Amber lights on hazard vehicles such as snow plows and tow trucks warn other drivers of possible dangers. Flashing amber lights are also used on rural mail delivery vehicles and school buses to warn approaching traffic of their presence. The vehicles displaying blue, green, or amber lights are not authorized emergency vehicles. Their drivers must obey all traffic laws. While you are not required to yield the right-of-way, you should yield as a courtesy if you can do so safely.
http://www.dmv.ny.gov/dmanual/chapter05-manual.htm
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Libertarian4life
February 1, 2013, 7:19pm Report to Moderator

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Quoted from Shadow

BLUE, GREEN AND AMBER LIGHTS

Personal vehicles driven by volunteer fire fighters responding to alarms are allowed to display blue lights, and those driven by volunteer ambulance or rescue squad members may display green lights. Amber lights on hazard vehicles such as snow plows and tow trucks warn other drivers of possible dangers. Flashing amber lights are also used on rural mail delivery vehicles and school buses to warn approaching traffic of their presence. The vehicles displaying blue, green, or amber lights are not authorized emergency vehicles. Their drivers must obey all traffic laws. While you are not required to yield the right-of-way, you should yield as a courtesy if you can do so safely.
http://www.dmv.ny.gov/dmanual/chapter05-manual.htm


S 1103. Public officers and employees to obey title; exceptions. (a)
The provisions of this title applicable to the drivers of vehicles upon
the highways shall apply to drivers of all vehicles owned or operated by
the United States, this state, or any county, city, town, district, or
any other political subdivision of the state, except as provided in this
section and subject to such specific exceptions as are set forth in this
title with reference to authorized emergency vehicles.
  (b) Unless specifically made applicable, the provisions of this title,
except the provisions of sections eleven hundred ninety-two through
eleven hundred ninety-six of this chapter, shall not apply to persons,
teams, motor vehicles, and other equipment while actually engaged in
work on a highway nor shall the provisions of subsection (a) of section
twelve hundred two apply to hazard vehicles while actually engaged in
hazardous operation on or adjacent to a highway but shall apply to such
persons and vehicles when traveling to or from such hazardous operation.
The foregoing provisions of this subdivision shall not relieve any
person, or team or any operator of a motor vehicle or other equipment
while actually engaged in work on a highway from the duty to proceed at
all times during all phases of such work with due regard for the safety
of all persons nor shall the foregoing provisions protect such persons
or teams or such operators of motor vehicles or other equipment from the
consequences of their reckless disregard for the safety of others.

Municipalities are exempt from all liabilities except in rare proven cases of reckless behavior.

Municipal snowplows on their way to or actually performing snowplowing are not liable for accidents, traffic infractions etc.

Private snowplows are altogether a different story.

Municipal vehicles don't pay if they damage your car, take down your mailbox, etc.

Municipal vehicles working on the roadway have the right of way.

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Shadow
February 1, 2013, 8:27pm Report to Moderator
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Mailbox Damage
Occasionally mailboxes or other property is damaged by snow plowing operations due to poor visibility, the mailbox being buried in a snow bank or the weight/volume of the snow being plowed.  This damage is not deliberate and in most cases is unavoidable.  At the discretion of the Highway Department, we will repair, replace or re-erect boxes that are located within the highway right-of-way.  Please contact the Highway Department at 439-4955 and select option 1 to report any damage.

Lawn Damage
The town will repair lawns and driveways damaged by town snowplows. As a rule the town does not repair private improvements (fences, sprinklers, rock gardens, etc.) installed in the highway right-of-way; the Town Code prohibits placing these items in the right-of-way
Restoration of plow damage to sod and blacktop is generally completed in May and June. If you have questions or concerns, call please contact the Highway Department at 439-4955 and select option 1.       http://www.townofbethlehem.org/pages/Highway/highwaydeptwinter.asp
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gaiaworshipper
February 2, 2013, 6:12am Report to Moderator
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Thanks for the information, I figured they could do it.  I just found it odd to watch the large red snow plow truck the town owns barrel through the intersection of Sunrise and Lawndale going 30 miles an hour.
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senders
February 2, 2013, 7:37am Report to Moderator
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I was wondering why there was even snow plowing being done. the snow was little more than a sneeze.


...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......

The replacement of morality and conscience with law produces a deadly paradox.


STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS

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gaiaworshipper
February 2, 2013, 1:58pm Report to Moderator
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Senders if you question when DPW determines when to plow you would be amused to see how long and how many people it takes the town to clear the excess snow from town hall.  What I mean is 3 people, 4 hours, 1 front end loader, and 1 dump truck.
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joebxr
February 2, 2013, 2:32pm Report to Moderator

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Quoted Text
Amber lights on hazard vehicles such as snow plows and tow trucks warn other drivers of possible dangers. Flashing amber lights are also used on rural mail delivery vehicles and school buses to warn approaching traffic of their presence. The vehicles displaying blue, green, or amber lights are not authorized emergency vehicles. Their drivers must obey all traffic laws.

Sure sounds to me like they have to stop at stop signs, traffic lights, etc.


JUST BECAUSE SISSY SAYS SO DOESN'T MAKE IT SO...BUT HE THINKS IT DOES!!!!!  
JUST BECAUSE MC1 SAYS SO DOESN'T MAKE IT SO!!!!!  
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joebxr
February 2, 2013, 2:37pm Report to Moderator

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Quoted from Libertarian4life


Municipal snowplows on their way to or actually performing snowplowing are not liable for accidents, traffic infractions etc.



Interesting....7 years ago County snow plow truck didn't stop at red light they had and t-boned my car....county paid all medical bills.
Must have been out of the goodness of their heart I guess!
NO FAULT paid for car repair.


JUST BECAUSE SISSY SAYS SO DOESN'T MAKE IT SO...BUT HE THINKS IT DOES!!!!!  
JUST BECAUSE MC1 SAYS SO DOESN'T MAKE IT SO!!!!!  
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Libertarian4life
February 2, 2013, 4:42pm Report to Moderator

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Quoted from joebxr


Interesting....7 years ago County snow plow truck didn't stop at red light they had and t-boned my car....county paid all medical bills.
Must have been out of the goodness of their heart I guess!
NO FAULT paid for car repair.


A friend of mine's car was smashed pretty good while they were stopped on the side of the road.

The municipality said they don't pay for accidents. The insurance company agreed.

They said you can make a claim against a municipality in the NYS court of claims, but it must be
proven to be reckless disregard on the part of the municipality. Not one cent was ever received.

http://vertumnus.courts.state.ny.us/claims/search/index.html

Type snow plow in the search box. There are lots of claims, it is the duty of the claimant to prove
reckless disregard, not just normal negligence while performing highway maintenance.

2009-031-046 : CONLEY v. THE STATE OF NEW YORK, 114206 M-76657
State snowplow operator was engaged in work on the highway at the time of accident and, accordingly,
the reckless disregard standard of V&T § 1103(b) applies. Viewing evidence in light most favorable to
Claimant, there is no indication that snowplow operator acted with reckless disregard for the safety of
others. Defendants motion for summary judgement is granted...

Most cases get thrown out because there are time sensitive filing and notifying requirements that claimants
fail to follow. Read a few cases, mostly all of them turn out the same.  1103b protects them from all but really
serious reckless disregard for safety.

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Libertarian4life
February 2, 2013, 4:43pm Report to Moderator

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Quoted from joebxr


Interesting....7 years ago County snow plow truck didn't stop at red light they had and t-boned my car....county paid all medical bills.
Must have been out of the goodness of their heart I guess!
NO FAULT paid for car repair.


Actually it was probably no-fault that also paid the medical bills.

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joebxr
February 2, 2013, 4:58pm Report to Moderator

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Quoted from Libertarian4life


Actually it was probably no-fault that also paid the medical bills.



NO FAULT is my insurance and they only paid car repair. Medical was paid by county.
Can't speak for others, but fact is I have paperwork that county paid....I submitted medical bills to them.
Oh, and so there is no question, payment of medical was not part of any legal settlement, either,
because there was no lawsuit or legal action.


JUST BECAUSE SISSY SAYS SO DOESN'T MAKE IT SO...BUT HE THINKS IT DOES!!!!!  
JUST BECAUSE MC1 SAYS SO DOESN'T MAKE IT SO!!!!!  
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Shadow
February 2, 2013, 5:48pm Report to Moderator
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Police, ambulance, and fire vehicles can't go thru red lights or stop signs until all other traffic has come to a stop yielding right of way to them. That's what we were taught when we had to take drivers certification course to drive those vehicles in route to an emergency. Snowplows aren't even considered to be an emergency vehicle according to NYS law as they only display an amber light when plowing.
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mantis28h
February 2, 2013, 7:58pm Report to Moderator
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Quoted from joebxr


NO FAULT is my insurance and they only paid car repair. Medical was paid by county.
Can't speak for others, but fact is I have paperwork that county paid....I submitted medical bills to them.
Oh, and so there is no question, payment of medical was not part of any legal settlement, either,
because there was no lawsuit or legal action.


I think you may be mistaken. No fault ONLY pays for medical bills. The auto repairs were likely paid through your collision policy.
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