Along I-95 just south of Springfield, a flag decorates the fence behind a tattered memorial, reminding passersby of the tragic death of trooper Charles "Mark" Cosslett's, the final death resulting from the October sniper rampage that killed 11 and terrorized the area.
It acts as a reminder for passersby familiar with the circumstances and Cosslett. To others, who may be from out of state or not familiar with Cosslett, the memorial is seen as just a blur as they fly by at 60 miles per hour. Cosslett was responding to a call and was hit on his motorcycle while driving on the shoulder of the road.
Down in Richmond at the 2002 General Assembly, legislators passed a bill to thwart this phenomenon of impromptu memorials for roadside tragedies. Although the bill was passed, it was supposed to be enacted this January. A lack of funding has left the roadside clean-up in limbo.
VDOT spokesperson Tamara Neale, compared the law to a lame duck politician.
"It's still on the books," Neale said. "The General Assembly passed the budget that said no money can be spent on a roadside memorial program."
The Roadside Memorial Statute 33.1-206.1 is described as "Roadside memorials; installation, maintenance, and removal standards; installation of non-conforming memorial prohibited; penalty." The text of the bill includes "to govern the installation, maintenance, and removal of roadside memorials."
This would require manpower and additional funding which VDOT does not have. Instead, with the current law on the books, the state highway department will continue with its current policy, which is a liberal effort to discard "stuff that can fly out into the roadway, they become a safety hazard," Neale said.
"We really don't have a policy on it," she added.
VDOT's Steve Titunik sees both sides of the issue. In November 2001, his son Michael was involved in a fatal accident in Lorton and the accident spot immediately became a memorial and a gathering place for classmates of Michael's.
"I think they're very nice gestures, people gravitate towards that. It's understandable the first few days," he said.
But on the safety and cosmetic appeal, "they end up being garish. You can't ask the state to maintain it," he said.
Del. Dave Albo (R-42nd) wasn't on the state transportation committee, but he was aware of the bill.
"Those things get so big, they cause traffic hazards," Albo said. "People who are putting it up don't maintain it all the time."
Titunik looked at the possibility of a small plaque or something less obtrusive.
"The plaques should be something nice, just like 'adopt-a-highway.' It's a nice gesture to memorialize someone who died in a accident," he said.