LEOs...Enforcement of Travel Restrictions?

[mkbar80]

With the recent winter storms, I've seen numerous stories about declarations of "state of emergency" and "travel restictions". I noiced one from Richmond area (see below). I thought of a couple of questions about these situations. Can the local or other government really "prohibit" travel? If so, what type of enforcment punishment can occur? On the face of it, I understand the intention - keep Joe Schmoe from driving his civic into the blizzard necessitating a rescue. Admirably, and likely to be the case with folks like Joe. But would a local, county, or state officer actually arrest me for traveling in poor conditions in my Dodge 2500? (See Level 3 Restriction from the article below) It mentions motorists, but it would seem obvoius this mode of transportation would be preferable to more "pedestrian" means...pun intended.

Very curious what our local LEO's have to say about this, how would or have they handled these situations..and for the record, I wouldn't have an issue with an officer giving me a respectful "suggestion" to not be out and about (some on here will disagree), I really do understand the frustration with saving idiots from themselves. I just don't understand how an individual can be "prohibited" from traveling by the authorities under penalty of law.

Officials consider factors in restricting area travel | pal-item.com | Palladium-Item

FTA:
Level 1 - Travel warning in which hazardous driving conditions exist, resulting in the need for extra caution. No restrictions are imposed.
Level 2 - Essential travel only because road conditions pose a significant threat to motor vehicle operation. Drivers may travel to and from work and to obtain safe shelter, essential medical care or medical supplies, and essential food or fuel.
Level 3 - Travel is prohibited because conditions place motorists at great risk of injury or even death. A declaration of this emergency classification represents an extreme emergency situation of disaster proportions

 

[Deputy527]

Most counties enforce as an ordinance violation. You COULD be ticketed.

Below are some definitions from Indiana Department Homeland Security and an associated FAQ. Also helpful, County Travel Status Map


Stages
The travel advisory stages reflected here are in no way associated with a disaster declaration signed by county commissioners and filed with the clerk’s office as outlined in Indiana Code Title 10. These travel advisory stages are strictly associated with travel. These stages can be used at anytime to advise of necessary travel advisory restrictions regardless of circumstance.

There are four travel advisory stages. Each county remains at the stated stage of caution unless changed by EMA. The terminology used on the IDHS website for each stage is listed below.

Caution-A condition may develop that limits or hinders travel in isolated areas. No travel restrictions have been placed in effect by county officials, but citizens should be alert to changing conditions.

Advisory-Routine travel or activities may be restricted in areas because of a hazardous situation. Citizens should use caution or avoid these areas. Schools and businesses may begin to implement their emergency action plans.

Watch-Conditions are threatening to the safety of the public. Only essential travel is recommended (i.e., to and from work, emergency situations, etc.). Emergency action plans have been or should now be implemented by businesses, schools, government agencies and other organizations.

Warning-Travel may be restricted to emergency personnel only. Citizens are directed to refrain from all travel, comply with necessary emergency measures, cooperate with public officials and disaster services forces in executing emergency operations plans, and comply with the directions of properly identified officers. Further and more specific restrictions may be included in the disaster declaration.

Closing
These travel advisory stages are intended to help understand when travel restrictions are needed. The stages protect the public and allow local government to better address the problems at hand. This solution has been beneficial during floods, blizzards and other emergencies.

Frequently Asked Questions (FAQ)
1. Who has the authority to change my county travel advisory stage?
a. Emergency management has the ability to change the travel advisory stage. Some counties require the county commissioners to authorize the change, while others have the sole authority to change the status. If you are not sure, please consult with your county commissioners.
2. How does this apply to my county ordinances?
a. Some counties have ordinances stating how travel restrictions shall be implemented. We recommend you follow the procedures associated with your county ordinances and use the travel advisory stage that best matches your county ordinance to communicate your desired status.
3. What if our county has different stages from those the state is using?
a. Many counties have different stages and/or snow emergency stages. To ensure consistency across the state, please choose the travel advisory stage that best correlates to your county terminology.
4. Who enforces these stages?
a. Please keep in mind the information presented from the Indiana Department of Homeland Security is only an advisory and is not associated with any state laws. County ordinances may have penalties associated with them and we suggest you consult your county commissioners, county attorney and/or county law enforcement to determine the requirements of local ordinances.

 

[ZbornacSVT]

I had a buddy that plows roads, while in his plow truck doing work, get escorted home last year.

 

[Frank_N_Stein]

I drive a 2009 Ford Crown Vic with rear-wheel drive. Do you really think I'm going to be out looking for travel restrictions violators in it? In the snow it makes a better sled than it does a car. And besides I work in Marion County so you won't see me anywhere near a rural area during a state of emergency.

Everyone is going to have to make their own decision when/if there is a restriction put in place. Do what you are big enough to do, but don't whine about the consequences if you get caught or something happens that puts your or someone else's life in danger.

 

[GlockRock]

I work in a rural county and we have at least one snow emergencies every year declared, which means emergency travel only. I've yet to write anyone a ticket for it in the years that I've been working. I usually have more important stuff to do when it's nasty out.

 

[rambone]

Forget about blizzards for a minute.

What about a State of Emergency that is declared because of an act of terrorism?

Consider that the roads will be perfectly drivable. Will police obey their boss or the Constitution?

 

[Denny347]

Forget about blizzards for a minute.

What about a State of Emergency that is declared because of an act of terrorism?

Consider that the roads will be perfectly drivable. Will police obey their boss or the Constitution?

Did NYC declare a state of emergency after 9-11? Was martial law enacted? We are playing the "what if's" with a highly unlikely scenario. But to answer the question, I would like to believe so. However, seeing that I cannot look into anyone else's head and know how they would conduct themselves...the real answer is I DO NOT KNOW. I guess I should ask, under these same conditions, will the general populace begin to riot and loot. The answer will be the same for both.

 

[Glock32j]

My guess is their boss, because the constitution doesn't sign there paycheck.

 

[phylodog]

The question seems to take for granted that operating a motor vehicle is a right. The law says otherwise and that it is a privilege granted by the state. Since it is a privilege granted by the state, the state has the legal authority to revoke that privilege as it seems fit.

Not saying I agree with it, just stating how the law is written. If you don't agree with it run for office or lobby your legislators to get it changed.

Turning every possible opportunity to steer a thread into a bash fest is childish and I'm surprised it hasn't gotten old yet.

 

[littletommy]

Last spring there was a lot of heavy rain, and Mayor Jerry Abramson of Louisville KY was on all the news channels fuming over the city having to rescue idiots who where out driving through 10 feet of water, then getting stranded. He said "go ahead and drive wherever you want, and we'll come out and get you out of the flood water, then put you in a cruiser and haul you to jail", and I have to say, I don't blame him one bit for being ticked off. Right by my house, there where people driving into 5 foot deep water one after another. I can see why the laws are in place....to try to protect stupid people from themselves, and unfortunately, sometime/everytime, non-stupid people get penalized. Unless some catastrophic disaster has happened, I can't see any cops around here citing or arresting somebody who is out with the proper equipment, and using some common sense. And I don't consider heavy snow as catastrophic

 

[pftraining_in]

There is a difference between being out during a state of emergency with a purpose and just being out because you are bored.

 

[Blue Tile Spook]

Either Delaware County or Wayne County was just in the news for helping 20+ motorists who had slid off into ditches. The news story specifically stated that none of the 20 motorists were ticketed even though the officers were allowed to ticket during the level 3 emergency.

Most were helped because they were blocking snow plows trying to clear the roads.