FOX25 Investigates: Wipers on-lights on police enforcement is low

BOSTON — FOX25 Investigates found a new law, that had been touted as something that would improve public safety, is rarely enforced.

The "Wipers on-Lights on" law took effect in April of 2015, and with it the state rolled out a massive education campaign to reinforce it.

Investigative reporter Kerry Kavanaugh found that some police departments have issued only a handful of citations since then. Others have issued none at all.

On a recent rainy day, we spotted plenty of drivers breaking the law. Police say they see it all the time

"Every other car or couple of cars didn't have their headlights on, so that's asking a lot for the police officer on the street to try to stop all those motor vehicles," said Walpole Police Chief John Carmichael.

His department issued just five citations since the law passed. He calls it a good safety law, but one that's impractical to enforce.

A widespread lack of enforcement

FOX25 Investigates reached out to more than 20 police departments and found Reading, Plymouth and Lowell each had more than 20 citations since the law took effect. On the other side of the spectrum, Norwood, Chelsea, and Medford have issued none.  Mass State Police issued just one citation.

"It's very difficult to regulate what most people consider to be common sense," said State Rep. Shaunna O'Connell.

O'Connell effectively fought against part of the law that would have made a citation an insurance surcharge.

State Rep. David Linksy sponsored the bill. He told FOX25 he's not surprised by the number of citations, adding 'fining' drivers was never the intention.

"The idea is to cut down on crashes, to cut down on fatalities, not fine people, not to cost people money," said Rep. Linsky.

The fine for offenders is just $5.00.

Other states with similar laws

A 2011 study by the Lighting Research Center found vehicle crashes during daytime rain were about 8 percent lower after states enacted wipers-on laws.

Pioneer Institute Director of Government Transparency Mary Connaughton said, the law was passed during an informal session,  when fewer lawmakers were present and with very little debate.

"It was done by a handful of people in the darkness of the legislature without sunlight on it. Without headlights on it," she said.

Rep. Linsky said he was going to ask MassDOT to once again reinforce his law, with some type of public outreach campaign.

Cox Media Group