Chief’s Corner
By Chief Steven J. Wojnar Dudley Police Department Trash and debris along the roadways are always a concern. I was recently asked a question about plastic and glass left on the roads after a vehicle crash. Who is responsible for cleaning this debris and where does liability lie if a vehicle runs over it and causes damage? This is certainly a challenging question, and these must be judged on a case by case basis. In all instances, the immediate priority to consider has two parts; Is the object is in the travel portion of the road and does it cause a hazard? Generally, when a crash takes place on a public way, if the police respond and a tow truck is utilized, the company will clean any debris and remove it along with the vehicle. However, in many instances, police may or may not respond to a crash, particularly if it is of a minor nature. Even minor crashes can result in glass, plastic, or metal on the road. Certainly, any large items should be taken away by the parties in those instances. The government’s role regarding debris removal, generally focuses on two main factors. Did they have knowledge of the debris as causing a safety hazard and was it removed within a reasonable time? Much of the debris or trash is often moved to the side of the road, out of the travel lanes. If it is not brought to anyone’s attention, it may only be picked up during the normal course of business. One of the challenges to road debris is finding the source. People may not be aware of something falling off their vehicle or they could intentionally leave something behind. One law that can be applied in some cases is Massachusetts General Laws Chapter 266 Section 35 entitled "Throwing or Dropping Objects onto Any Way." It states in part, "Whoever willfully or negligently drops, throws or otherwise releases any object, missile or other article onto any way...so that the lives or safety of the public may be endangered..." Even though this section generally applies to act of the throwing of objects such as bottles, rocks, snowballs, etc., it may be applicable when it comes to intentionally leaving debris on the roadway. It can apply if, the act in any way, endangers the lives or safety of the public. This will once again be determined on a case by case basis. People in violation of this law could be punished by a fine of up to one hundred dollars and or up to one year in prison. |
Whenever debris is deposited on the road, it can be dangerous. People may be injured by flying objects. Property, including cars, can also be damaged. Road debris is particularly dangerous for those riding motorcycles and bicycles. Always be aware of loose objects on or about your vehicle. If something does go into the street, clean it up. If you spot hazardous objects on the road, make a call to insure it can be addressed promptly. Residents may not be aware of the large amount of road miles in their community. Dudley for example has 83 miles of roads. That is a large area to cover. Public assistance is always important toward addressing problems and preventing accidents and injuries. Finally, it helps to keep our community clean.
Thanks again for your questions and comments. Please send them to me at the Dudley Police Department 71 West Main St., Dudley, Ma. 01571 or email at swojnar@dudleypolice.com. Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen. |
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