# "Coal Rollers:" can they be charged with assault? **URL:** \ **Category:** Factual Questions\ **Created:** [July 8, 2014, 10:23pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669 "2014-07-08T22:23:02Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [July 9, 2014, 3:11am UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/21 "2014-07-09T03:11:41Z")
> [@davidm](#): > > And of course these “coal rollers” first determined that the particular Prius drivers they attacked did in fact think of themselves as superior, right? How did they determine this? Cars emit smog, Priuses (Prii?) emit smug. 😃 I’ve been coal rolled on the handcycle. It’s deliberate. I’ve had a couple of these jackasses drive within inches while the passenger tries to snag my flag. ---
**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\ **Post date:** [July 9, 2014, 3:17am UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/22 "2014-07-09T03:17:39Z")
> [@Machine\_Elf](#): > > Question: Could these drivers be charged with assault? Depends on the laws of the jurisdiction in which the act takes place. Where I live, Canada, there are a couple of Criminal Code charges that would apply: [assault](http://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Common_Assault)and [administering a noxious substance](http://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Administering_a_Noxious_Substance), quite apart from environmental regulations. ---
**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\ **Post date:** [July 9, 2014, 4:33am UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/23 "2014-07-09T04:33:09Z")
You mean there are really people out there that dumb? ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [July 9, 2014, 4:33am UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/24 "2014-07-09T04:33:43Z")
> [@Smapti](#): > > Exactly what do you find so threatening about other people’s choice of automobile that you feel the need to retaliate with anger against them? > [@Isilder](#): > > On the radio they were saying " The USA has more narcassists … " just as I was opening this article. > [@IvoryTowerDenizen](#): > > So, even if the Prius’ owners are in their cars quietly thinking superior thoughts, while inadvertently helping get cleaner air, according to you they’re more the assholes than the people who spew thick, black smoke specifically to impede their ability to drive and purposefully foul the air? > > Interesting perspective on what makes a person an asshole. > [@davidm](#): > > And of course these “coal rollers” first determined that the particular Prius drivers they attacked did in fact think of themselves as superior, right? How did they determine this? > [@Hampshire](#): > > Somebody needs to tell the Obama haters that he’s trying to ban Russian roulette. **Moderator Note** I’ve already issued **Hail Ants** a mod note for his remarks. I don’t think there’s a need to engage him in debate here. If you want to address this, please open a new thread in the Pit. Let’s get back to the question in the OP regarding the legality of the practice. Colibri General Questions Moderator ---
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [July 9, 2014, 11:53am UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/25 "2014-07-09T11:53:29Z")
> [@tracer](#): > > You’re right, normal diesel _exhaust_ is less toxic than gasoline-engine exhaust. > > Diesel _soot_, on the other hand, is another matter. [Diesel exhaust](http://en.wikipedia.org/wiki/Diesel_exhaust) inescapably contains soot and NOx; even with EPA-standard aftertreatment, diesel exhaust will contain a greater fraction of these components than gasoline-engined car exhaust. Each diesel soot particle is like a microscopic sponge, and it soaks up unburned and partially-burned fuel. When you inhale diesel exhaust, the fine size of the particles lets them reach deep into your lungs - where they get stuck, and release their toxic payload. Even absent its toxic properties, inhalation of fine dust can eventually lead to [pneumoconiosis -](http://en.wikipedia.org/wiki/Pneumoconiosis) although this generally isn’t a concern outside of occupational/chronic exposure. > [@Colibri](#): > > Let’s get back to the question in the OP regarding the legality of the practice. Thanks. I really am curious whether this - the deliberate spewing of large, dense clouds of diesel smoke directly onto unsuspecting pedestrians - fits the legal definition of assault. ---
**Author:** ![Malacandra](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Malacandra](https://boards.straightdope.com/u/Malacandra)\ **Post date:** [July 9, 2014, 12:16pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/26 "2014-07-09T12:16:41Z")
> [@running\_coach](#): > > Cars emit smog, Priuses (Prii?) Apparently - and with a flagrant disregard for Latin grammar. (_Prius_ is Latin, but not a second-declension masculine singular and so should not take the -ii plural. But it seems that’s what the public wanted.) ---
**Author:** ![Quercus](https://avatars.discourse-cdn.com/v4/letter/q/7ab992/32.png) [@Quercus](https://boards.straightdope.com/u/Quercus)\ **Post date:** [July 9, 2014, 1:26pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/27 "2014-07-09T13:26:35Z")
> [@Hail\_Ants](#): > > Diesel exhaust is not Zyklon B for Christ’s sake! Gasoline cars’ exhaust is far worse for you health-wise. Old, blue-smoke-spewing ones doubly so. I’m interested in why you think this. Can you point to any actual research or evidence for this? [I assume you’re not playing deliberately deceiving word games and pretending that the particulates/soot from diesel engines aren’t ‘exhaust’] ---
**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\ **Post date:** [July 9, 2014, 2:15pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/28 "2014-07-09T14:15:54Z")
The big catch here is that cops typically don’t enforce these kinds of visible pollution laws out of what I suspect are political motives. If they did, they’d constantly be pulling over Mexicans and black people driving smoking, busted-ass jalopies, and they’d be accused of harassment and targeting and everything else that comes from socio-economic status being coupled with ethnicity in the US. And, if they pulled over these clowns with the polluting diesels, they’d get pilloried for enforcing the laws against them, and not against the busted-ass jalopies. Personally, I think they should be draconian against all of them, race be damned; this is certainly a Tragedy of the Commons situation- some broke person’s desire to get to work doesn’t trump everyone else’s need for clean air. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [July 9, 2014, 2:24pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/29 "2014-07-09T14:24:15Z")
I recall driving cross-country in IIRC it was 1993. Denver had billboards advertising their snitch line to deal with their air pollution problem - “report any car with visible exhaust”. I assume this would cause the owner to get a letter requiring re-certification of their car. At the very least, as mentioned, these guys are violating state and federal laws about tampering with anti-pollution devices. Many states have annual or similar inspections required. I’m imagining the direct charges could be dangerous driving, reckless driving or some such at the very least if they do this in close proximity to a cyclist. Police have a pretty large latitude in assessing dangerous driving charges - doing something like spewing smoke that could cause a cyclist to lose control on a busy street, or deliberately driving very close to a cyclist (or motorcyclist), could be construed as dangerous. The same if they got too close to a car, although I suppose spewing an annoying cloud at a car is less of a hazard. Plus, flooring it to get a cloud of soot means erratic speed while driving, also piling on the dangerous-driving charges. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [July 9, 2014, 2:38pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/30 "2014-07-09T14:38:52Z")
> [@bump](#): > > The big catch here is that cops typically don’t enforce these kinds of visible pollution laws out of what I suspect are political motives. > > If they did, they’d constantly be pulling over Mexicans and black people driving smoking, busted-ass jalopies, and they’d be accused of harassment and targeting and everything else that comes from socio-economic status being coupled with ethnicity in the US. > > And, if they pulled over these clowns with the polluting diesels, they’d get pilloried for enforcing the laws against them, and not against the busted-ass jalopies. > > Personally, I think they should be draconian against all of them, race be damned; this is certainly a Tragedy of the Commons situation- some broke person’s desire to get to work doesn’t trump everyone else’s need for clean air. **Moderator Warning** I’ve already pointed out that political jabs are not permitted in General Questions, (and racial jabs are even less so). This is an official warning. Stick to the question in the OP without bloviating about your personal prejudices. Colibri General Questions Moderator ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [July 9, 2014, 2:40pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/31 "2014-07-09T14:40:32Z")
All I can think of re legality is tampering with the emissions control device. That’s illegal, but I’ve never heard of anyone being charged for doing it. ---
**Author:** ![sbunny8](https://avatars.discourse-cdn.com/v4/letter/s/c77e96/32.png) [@sbunny8](https://boards.straightdope.com/u/sbunny8)\ **Post date:** [July 9, 2014, 2:42pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/32 "2014-07-09T14:42:20Z")
Once while riding my bicycle on a country road in TN, a car passed me and the passenger opened his door and hit me with it. He was deliberately trying to knock me off balance and make me crash. That was assault with a deadly weapon (the car itself). Just FYI, I wasn’t blocking traffic; I was obeying all the laws, riding on the far right edge of the roadway, the road was almost deserted. He ran me off the road but I wasn’t injured. It seems to me that Coal Rollers are doing just about the same thing. They are deliberately causing a dangerous situation, reducing visibility, and trying to startle people. There’s a significant possibility that their actions could cause someone to lose control and crash. I say Yes, it’s assault. ---
**Author:** ![Colophon](https://avatars.discourse-cdn.com/v4/letter/c/f05b48/32.png) [@Colophon](https://boards.straightdope.com/u/Colophon)\ **Post date:** [July 9, 2014, 4:09pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/33 "2014-07-09T16:09:22Z")
> [@Hail\_Ants](#): > > And like I said, I think it’s a wickedly funny counter to enviro-wienies who think that driving a hybrid or tiny, George Jetson pod-car somehow makes them better than you. You feel threatened by people driving smaller, cheaper, cleaner cars than you? I think you might need to see somebody about that. ---
**Author:** ![dstarfire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dstarfire/32/5762_2.png) [@dstarfire](https://boards.straightdope.com/u/dstarfire)\ **Post date:** [July 9, 2014, 4:11pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/34 "2014-07-09T16:11:08Z")
To address the OP, they couldn’t be charged with assault for exposing passersby to a known carcinogen. A key requirement of assault is “imminent” harm, not merely “probable”. The same logic you applied to make this an assault would also make cigarette smoking an assault, along with any number of industrial processes that release (varying amounts of) harmful byproducts into the air. However, it could be considered assault for it’s blinding and cough-inducing effects (particularly the blinding part), especially if the driver specifically targetted a person. These vehicles are almost certainly no longer road legal for any state with emissions control laws, especially given that they (likely) haven’t had their emissions tested after the modification. ---
**Author:** ![JerrySTL](https://avatars.discourse-cdn.com/v4/letter/j/e274bd/32.png) [@JerrySTL](https://boards.straightdope.com/u/JerrySTL)\ **Post date:** [July 9, 2014, 4:15pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/35 "2014-07-09T16:15:00Z")
I’ve had a few diesel pickup trucks belch a lot of black smoke on me while riding my bicycle or out for a walk. I just figured that it could be a POS truck that needs a lot of work. It seems that the smoke might be intentional due to a lot of work on the truck! ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [July 9, 2014, 4:30pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/36 "2014-07-09T16:30:37Z")
> [@dstarfire](#): > > To address the OP, they couldn’t be charged with assault for exposing passersby to a known carcinogen. A key requirement of assault is “imminent” harm, not merely “probable”. The same logic you applied to make this an assault would also make cigarette smoking an assault… > > However, it could be considered assault for it’s blinding and cough-inducing effects (particularly the blinding part), especially if the driver specifically targetted a person… It might also fall under “de minimis non curat lex”, the idea that minor inconveniences or irregularities are too insignificant for the courts to get involved in and are just part of the cost of living in society. E.g. people don’t get charged with “hit and run” for driving over discarded fast food containers, get charged with assault for shooting someone once with a water pistol, or get charged with theft or embezzlement for taking a cheap ballpoint pen home from work. ---
**Author:** ![LinusK](https://avatars.discourse-cdn.com/v4/letter/l/258eb7/32.png) [@LinusK](https://boards.straightdope.com/u/LinusK)\ **Post date:** [July 9, 2014, 4:32pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/37 "2014-07-09T16:32:28Z")
In my state, they could be arrested for “assault by contact” which requires only that you cause physical contact with another when you know the other person would consider it offensive or provocative. Unfortunately, it’s only a class C misdemeanor - maximum $500 fine. Class A assault would require that the victim experiences pain. So if the exhaust caused physical pain, it’d be an “A” - up to one year in jail. As for diseases you may or may not get in the future, I’m not aware of anything that covers that, as far as the penal code. If there was, though, it would apply to anybody who drives a car, not just diesel trucks. ---
**Author:** ![skdo23](https://avatars.discourse-cdn.com/v4/letter/s/a5b964/32.png) [@skdo23](https://boards.straightdope.com/u/skdo23)\ **Post date:** [July 9, 2014, 4:53pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/38 "2014-07-09T16:53:03Z")
> [@Hampshire](#): > > Somebody needs to tell the Obama haters that he’s trying to ban Russian roulette. You win the internet for that, my friend. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [July 9, 2014, 5:26pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/39 "2014-07-09T17:26:41Z")
> [@Hail\_Ants](#): > > Geez, whatever happened to freedom of expression and political protest? It never extended to assault or vandalism – nor to reckless driving, or doing anything that might cause a motor vehicle accident. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [July 9, 2014, 5:28pm UTC](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669/40 "2014-07-09T17:28:39Z")
> [@Hail\_Ants](#): > > And like I said, I think it’s a wickedly funny counter to enviro-wienies who think that driving a hybrid or tiny, George Jetson pod-car somehow makes them better than you. They’re not putting you down just by driving the thing. All they’re doing to you is setting a good example. Follow it. [Previous page](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669.md?page=1) [Next page](https://boards.straightdope.com/t/coal-rollers-can-they-be-charged-with-assault/692669.md?page=3)