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Opinion: First winter for new Christine’s Law

When State Sen. Lisa Boscola, D-Northampton and Lehigh, first took up the cause of getting a law passed to deal with the issue of ice flying off vehicles’ roofs, she didn’t realize it would take 16 years for it to come to pass.

She, as I, considered it a no-brainer, but this is how things unfold in the legislative halls of our capitol in Harrisburg. Let’s place it in the “better late than never” category. Christine’s Law, as it became known, was signed into law by Gov. Tom Wolf this past summer, so its first big test will be this winter.

Most of us have experienced this horror: We’re driving along a busy highway after a snow or ice storm, and a huge chunk of snow or ice flies off the vehicle in front of us. We have nowhere to go and little time to react. If we are lucky, the projectile falls harmlessly to the highway, but for those who aren’t as fortunate, it could mean serious injury, even death.

Such was the case for Christine Lambert, 51, of Palmer Township, as she, her husband and son were driving along Route 209 in Nesquehoning on Christmas Day 2005 on their way to Christine’s parents in Weatherly. A large chunk of ice from a box tractor-trailer traveling in the opposite direction flew off, smashed through the windshield killing Christine and injuring her husband, Franklin, and their son, Matthew. The projectile then exited the sport utility vehicle by smashing through the rear window.

The truck driver was never found and may have been unaware of what happened. At that time, there was a law that would punish drivers if they failed to clear snow and ice from their vehicles, but Boscola argued that it didn’t go far enough and introduced more consequential legislation in early 2006.

Boscola’s tireless efforts and persistence on behalf of the Lambert family paid off, and the law was named after Christine as a tribute to her and her unintended role as a catalyst for a major change in the legislation.

The long battle to pass the legislation was held up for a number of reasons. It was bottled up in the Transportation Committee and never brought forward for a vote until earlier this year. The General Assembly sessions last for two years. Any pending legislation that is not enacted or dealt with must be re-introduced in the next session, which Boscola did faithfully time after time.

According to Boscola, the trucking industry had opposed the bill in its original form but worked with her and other lawmakers to make the bill more palatable to truckers. “This isn’t about hassling truckers,” Boscola said earlier this year. “It’s about raising awareness and preventing tragedies.”

The Lambert family had been instrumental in helping push the legislation by giving a face to the victim of this preventable tragedy. They promoted and testified on behalf of the legislation in Harrisburg.

Before the law was enacted, violators could only be punished if snow and ice actually dislodged from a moving vehicle and caused serious bodily injury or death. Vehicles couldn’t be stopped solely because police spotted one traveling with a roof covered with significant snow and ice buildup.

Boscola said her legislation strengthened the former law by deterring drivers and preventing tragedies before they happen. The previous law penalized a driver only when serious bodily harm occurred from a snow or ice projectile. Christine’s Law is more proactive, giving police officers discretion to pull over a vehicle where the buildup of ice or snow poses a potential hazard. It also requires motorists to make a “reasonable effort” to remove accumulated snow and ice from a vehicle within 24 hours of a storm.

The bill provides a $50 fine for each offense and a $200-$1,500 fine for each offense when snow or ice falls from a moving vehicle and hits another vehicle or pedestrian causing serious injury or death.

Boscola categorized Christine’s Law as one of the most significant pieces of legislation she has ever sponsored during her 28 years in the General Assembly and one for which she has fought the hardest.

As the legislation moved to Wolf’s desk, Boscola said, “It’s been a long road to get this bill to the governor’s desk, but it was a fight I had to win for Christine’s husband, Frank, and son, Matthew.”

As for the Lamberts, in a statement they said, “Senator Boscola never gave up the fight to get this bill to the governor. We cannot thank her enough for her tenacity and compassion.”

Here is another example of where important legislation had to go through many hoops before common sense prevailed over politics. Even Boscola’s original legislation had to be rolled into a Republican-sponsored bill by Chris Gebhardt, R-Dauphin, before it was considered for passage, but this is the way the game is played in Harrisburg. The minority party (in this case the Democrats) could have the best idea since sliced bread, but because it comes from a Democrat the chance of its passage is slim. The same was true when Democrats controlled both houses of the General Assembly. The name of the game is power.

In the coming legislative session, Republicans still control the Senate, but Democrats now will hold a slim margin in the state House of Representatives.

By Bruce Frassinelli | tneditor@tnonline.com