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State Dump Truck Tarping Laws and Requirements:

Below are State Organizations you can call for more information about dump truck tarping requirements in your area. We’ve listed each state agency responsible for the information, their phone number, and, where applicable, any regulations they have over the federal standard.

State Law:


Alabama: Department of Public Safety, Montgomery, AL 334-242-4395.

32-5-76. Spilling Loads or Litter; Penalty

  1. Whoever willfully and knowingly operates, owns or causes to be operated on any public highway, road, street or public right-of-way a motor vehicle so loaded with gravel, rock, slag, bricks, in such manner or in such condition that the contents of the vehicle spill out and cause it to be deposited upon the highway, road, street or public right-of-way is guilty of a Class C misdemeanor and upon conviction shall be fined not more than $500, pursuant to section 13A-7-29, the criminal littering statue.

  2. No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such a roadway.

  3. Whoever willfully and knowingly operates, owns or causes to be operated on a public highway, road, street or public right-of-way, a motor vehicle in such manner or in such condition that litter is caused or allowed to be deposited upon the highway, road or street or public right-of-way, is guilty of a Class C misdemeanor and upon conviction shall be fined not more than $500, pursuant to section 13A-7-29, the criminal littering statue.  (Acts 1927, No. 347, p. 348; Code 1940, T. 36 ' 39; Acts 1949, No. 517, p. 754, ' 9; Acts 1971, No. 1419, p. 2423; Ats 1989, No. 89-661, ' 1.)

13A-7-29. Criminal littering.

  1. A person commits the crime of criminal littering if he:
    1. Knowingly deposits in any manner litter on any public or private property or in any  public or private waters, having no permission to do so; or
    2. Negligently deposits in any manner glass or other dangerously pointed or edged objects on or adjacent to water to which the public has lawful access for bathing, swimming or fishing, or on or upon a public highway, or within the right of way thereof; or
    3. Discharges sewage; oil products or litter from a watercraft vessel of more than 25 feet in length into a river, inland lake or stream within the state or within three miles of the shoreline of the state; or
    4. Drops or permits to be dropped or thrown upon any highway any destructive or injurious material and does not immediately remove the same or cause it to be removed; or b. Removes a wrecked or damaged vehicle from a highway and does not remove glass or other injurious substance dropped upon the highway from such vehicle.
  2. "Litter" means rubbish, refuse, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris or any foreign substance of whatever kind and description, and whether or not it is of value.
  3. It is no defense under subsections (a)(3) and (a)(4) of this section that the actor did not intend, or was unaware of, the act charged.
  4. Criminal littering is a Class C misdemeanor. (Acts 1977, No. 607, p.812, ' 2725.)

Alaska: Department of Public Safety, Anchorage, AK. 907-428-1333.

28.35.251.  Contained or Confined Loads

  1. A person may not drive a motor vehicle loaded with sand, gravel, rock, or similar materials on a highway unless
    1. The load is contained or confined to prevent the load from dropping, shifting, leaking, or escaping, except that sand or other substances may be dropped, sprinkled, or sprayed for the purpose of cleaning or maintaining the highway or providing traction; and
    2. The load is subjected to treatment by methods, approved by the commissioner by regulation, designed to settle the load or remove loose material before the vehicle is driven on the highway.
  2. If a cover is used to contain or confine a load being driven on a highway, the cover shall be securely fastened to prevent the cover from becoming loose or detached, or from being a hazard to other users of the highway.

Arizona: Department of Public Safety, Phoenix, AZ. 602-223-2000.

28-1098. Vehicle loads; restrictions; civil penalties

  1. A person shall not drive or move a vehicle on a highway unless the vehicle is constructed or loaded in a manner to prevent any of its load from dropping, sifting, leaking or otherwise escaping from the vehicle, except that either:
    1. Sand may be dropped for the purpose of securing traction.
    2. Water or another substance may be sprinkled on a roadway in cleaning or maintaining the roadway.

  2. A person shall not operate a vehicle on a highway with a load unless the load and any covering on the load are securely fastened in a manner to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.

  3. If a person is found in violation of this section and the violation:
    1. Does not cause any damage or injury and is the person's:
      1. First violation in a sixty month period, the person is subject to a civil penalty of up to two hundred fifty dollars.
      2. Second or subsequent violation in a sixty month period, the person is subject to a civil penalty of up to three hundred fifty dollars.
    2. Results in an accident causing serious physical injury as defined in section 13-105 to another person, the person is subject to a civil penalty of up to five hundred dollars.
    3. Results in an accident causing the death of another person, the person is subject to a civil penalty of up to one thousand dollars.

Arkansas: Arkansas State Highway and Transportation Department, Little Rock, AR. 501-569-2421.

27-35-110. Spilling loads on highways prohibited - Covers required for loads of sand, gravel, and rock - Exceptions.

  1. No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom.
  2. Sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.
  3. For a motor vehicle or a trailer with an open bed manufactured after September 30, 2001, no sand, gravel, or rock shall be transported on the paved public streets and highways of this state in a motor vehicle or trailer with an open bed unless the open bed is securely covered with a material which will prevent the load from dropping, sifting, leaking, or otherwise escaping therefrom. The cover shall be securely fastened to prevent the covering from becoming loose, detached, or in any manner a hazard to other users of the highway.
  4. For a motor vehicle or a trailer with an open bed manufactured on or before September 30, 2001, a vehicle with an open bed transporting sand, gravel, or rock is required to be covered as prescribed in subsection (c) of this section unless six inches (6") of freeboard is maintained at the perimeter of the load within the open bed of the vehicle or trailer carrying the load. Measurements are to be taken at the perimeter of the vehicle's or trailer's bed and measured from the top edge of the bed down to the sand, gravel, or rock being transported

California: California Highway Patrol, Sacramento, CA. 916-445-1865.

23114.

  1. No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle.
    1. Aggregate material shall only be carried in the cargo area of a vehicle. The cargo area shall not contain any holes, cracks, or openings through which that material may escape, regardless of the degree to which the vehicle is loaded, except as provided in paragraph (2).
    2. Every vehicle used to transport aggregate materials, regardless of the degree to which the vehicle is loaded, shall be equipped with all of the following:
      1. Properly functioning seals on any openings used to empty the load, including, but not limited to, bottom dump release gates and tailgates.
      2. Splash flaps behind every tire, or set of tires, regardless of position on the truck, truck tractor, or trailer.
      3. Center flaps at a location to the rear of each bottom dump release gate as to trucks or trailers equipped with bottom dump release gates. The center flap may be positioned directly behind the bottom dump release gate and in front of the rear axle of the vehicle, or it may be positioned to the rear of the rear axle in line with the splash flaps required behind the tires. The width of the center flap shall extend not more than one inch from one sidewall to the opposite sidewall of the inside tires and shall extend to within five inches of the pavement surface, and shall be not less than 24 inches from the bottom edge to the top edge of that center flap.
      4. Fenders starting at the splash flap with the leading edge of the fenders extending forward at least six inches beyond the center of the axle which cover the tops of tires not already covered by the truck, truck tractor, or trailer body.
      5. Complete enclosures on all vertical sides of the cargo area, including, but not limited to, tailgates.
      6. Shed boards designed to prevent aggregate materials from being deposited on the vehicle body during top loading.
  2. Vehicles comprised of full rigid enclosures are exempt only from subparagraphs (C) and (F) of paragraph (2) of subdivision (b).
  3. For purposes of this section, "aggregate material" means rock fragments, pebbles, sand, dirt, gravel, cobbles, crushed base, asphalt, and other similar materials.
    1. On and after September 1, 1990, in addition to subdivisions (a) and (b), no vehicle shall transport any aggregate material upon a highway unless the material is covered
    2. Vehicles transporting loads composed entirely of asphalt material are exempt only from the provisions of this section requiring that loads be covered.
    3. Vehicles transporting loads composed entirely of petroleum coke material shall not be required to cover their loads if they are loaded using safety procedures, specialized equipment, and a chemical surfactant designed to prevent materials from blowing, spilling, or otherwise escaping from the vehicle.
    4. Vehicles transporting loads of aggregate materials shall not be required to cover their loads if the load, where it contacts the sides, front, and back of the cargo container area, remains six inches from the upper edge of the container area, and if the load does not extend, at its peak, above any part of the upper edge of the cargo container area.
    5. The requirements of this subdivision shall become operative on September 1, 1990.

  4. Any person who provides a location for vehicles to be loaded with any aggregate material or any other material shall provide a location for vehicle operators to comply with this section before entering a highway.
    1. A person shall be exempt from the requirements of this subdivision if the location that he or she provides for vehicles to be loaded with the materials described in this subdivision has 100 yards or less between the scale houses where the trucks carrying aggregate material are weighed and the point of egress to a public road.
    2. Drivers of vehicles loaded with aggregate material leaving locations exempted from the requirements of this subdivision are authorized to operate on public roads only until they are able to safely cover the load at a site near the location's point of egress to the public road, however, an uncovered vehicle shall not be operated more than 200 yards from the point of egress to the public road.
23115.
  1. No vehicle transporting garbage, swill, used cans or bottles, waste papers, waste cardboard, ashes, refuse, trash, or rubbish, or any noisome, nauseous, or offensive matter, or anything being transported for disposal or recycling shall be driven or moved upon any highway unless the load is totally covered in a manner that will prevent the load or any part of the load from spilling or falling from the vehicle.
  2. Subdivision (a) does not prohibit a rubbish vehicle from being without cover while in the process of acquiring its load if no law, administrative regulation, or local ordinance requires that it be covered in those circumstances.
  3. Vehicles transporting wastepaper, waste cardboard, or used cans or bottles, are in compliance with subdivision (a) if appropriate binders including, but not limited to, bands, wires, straps, or netting are used to prevent the load, or any part of the load, from spilling or falling from the vehicle.
  4. This section does not apply to any vehicle engaged in transporting wet waste fruit or vegetable matter, or waste products to or from a food processing establishment.

Colorado: Department of Public Safety, Denver, Co. 303-232-5602.

42-4-1407. Spilling loads on highways prohibited - prevention of spilling of aggregate, trash, or recyclables.

Statute text:
(1) No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded or the load thereof securely covered to prevent any of its load from blowing, dropping, sifting, leaking, or otherwise escaping therefrom; except that material may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
(2) (Deleted by amendment, L. 99, p. 295, § 1, effective July 1, 1999.)
(2.4) (a) A vehicle shall not be driven or moved on a highway if the vehicle is transporting trash or recyclables unless at least one of the following conditions is met:

  1. The load is covered by a tarp or other cover in a manner that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle;
  2. The vehicle utilizes other technology that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle;
  3. The load is required to be secured under and complies with 49 CFR parts 392 and 393; or
  4. The vehicle is loaded in such a manner or the load itself has physical characteristics such that the contents will not escape from the vehicle. Such a load may include, but is not limited to, heavy scrap metal or hydraulically compressed scrap recyclables.
(b) Paragraph (a) of this subsection (2.4) shall not apply to a motor vehicle in the process of collecting trash or recyclables within a one-mile radius of the motor vehicle's last collection point.
(2.5) (a) No vehicle shall be driven or moved on any highway for a distance of more than two miles if the vehicle is transporting aggregate material with a diameter of one inch or less unless:
  1. The load is covered by a tarp or other cover in a manner that prevents the aggregate material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle; or
  2. The vehicle utilizes other technology that prevents the aggregate material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle.
(b) Nothing in this subsection (2.5) shall apply to a vehicle:
  1. Operating entirely within a marked construction zone;
  2. Involved in maintenance of public roads during snow or ice removal operations; or
  3. Involved in emergency operations when requested by a law enforcement agency or an emergency response authority designated in or pursuant to section 29-22-102, C.R.S.
(2.7) For the purposes of this section:
  1. "Aggregate material" means any rock, clay, silts, gravel, limestone, dimension stone, marble, and shale; except that "aggregate material" does not include hot asphalt, including asphalt patching material, wet concrete, or other materials not susceptible to blowing.
  2. "Recyclables" means material or objects that can be reused, reprocessed, remanufactured, reclaimed, or recycled.
  3. "Trash" means material or objects that have been or are in the process of being discarded or transported.
(3) (a) Except as otherwise provided in paragraph (b) or (c) of this subsection (3), any person who violates any provision of this section commits a class B traffic infraction.
(b) Any person who violates any provision of this section while driving or moving a car or pickup truck without causing bodily injury to another person commits a class A traffic infraction.
(c) Any person who violates any provision of this section while driving or moving a car or pickup truck and thereby proximately causes bodily injury to another person commits a class 2 misdemeanor traffic offense.

History
Source: L. 94: Entire title amended with relocations, p. 2393, § 1, effective January 1, 1995. L. 98: Entire section amended, p. 1101, § 22, effective June 1; entire section amended, p. 4252, § 2, effective June 4. L. 99: Entire section amended, p. 295, § 1, effective July 1. L. 2004: (3) amended, p. 241, § 1, effective July 1; (2.4) added and (2.7) amended, p. 412, § 1, effective August 4. L. 2005: (2.4)(a) amended, p. 104, § 1, effective April 5.

Connecticut: Department of Motor Vehicles, Whethersfield, CT. 860-263-5700

Sec. 14-271. Securing of loads

  1. No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping there from in such manner or quantity as to constitute a hazard or nuisance to other users of the highway, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
  2. No person shall operate on any highway any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.
  3. No person shall operate on any highway any vehicle having a gross weight of five thousand pounds or more which is designed and used exclusively for the collection and transportation of refuse and which has a separable container with an open top unless the contents of such container are secured by the use of a screen or other material having perforations of a size not greater than two square inches when such container is attached to such vehicle.
  4. The provisions of this section shall not apply to motor vehicles registered as farm motor vehicles or vehicles used for farming purposes.
  5. Violation of any provision of this section shall be an infraction for each offense.
Sec. 14-262. Width and length of vehicles. Exceptions. Permits.
  1. The following vehicles shall not be operated upon any highway or bridge without a special written permit from the Commissioner of Transportation, as provided in section 14-270, specifying the conditions under which they may be so operated:
    1. A vehicle, combination of vehicle and trailer or commercial vehicle combination, including each such vehicle's load, which is wider than one hundred two inches or its approximate metric equivalent of two and six-tenths meters or one hundred two and thirty-six-hundredths inches, including its load, but not including the following safety devices: Reasonably sized rear view mirrors, turn signals, steps and handholds for entry and egress, spray and splash suppressant devices, load-induced tire bulge and any other state-approved safety device which the Commissioner of Transportation determines is necessary for the safe and efficient operation of such a vehicle or combination, provided no such state-approved safety device protrudes more than three inches from each side of the vehicle or provided no such device has by its design or use the capability to carry cargo. Such permit shall not be required in the case of (A) farm equipment, (B) a vehicle or combination of vehicle and trailer loaded with hay or straw, (C) a school bus equipped with a folding stop sign or exterior mirror, as approved by the Commissioner of Motor Vehicles, which results in a combined width of bus and sign or bus and mirror in excess of that established by this subsection, or (D) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds; and
    2. A combination of truck and trailer which is longer than sixty-five feet except (A) a combination of truck and trailer or tractor and semitrailer loaded with utility poles, both trailer and semitrailer having a maximum length of forty-eight feet, utility poles having a maximum length of fifty feet and the overall length not to exceed eighty feet, (B) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds, (C) a tractor-trailer unit, (D) a commercial vehicle combination, (E) combinations of vehicles considered as specialized equipment in 23 CFR 658.13(e), as amended, or (F) a tractor equipped with a dromedary box operated in combination with a semitrailer which tractor and semitrailer do not exceed seventy-five feet in overall length.
  2. A special written permit may not be issued by the Commissioner of Transportation for a combination of vehicles consisting of a vehicle drawing a combination of three or more trailers or semitrailers, except any such combination engaged in the transportation of an indivisible load.
  3. The maximum length of a single unit vehicle shall be forty-five feet and the maximum length of the semitrailer portion of a tractor-trailer unit shall be forty-eight feet. A trailer greater than forty-eight feet and less than or equal to fifty-three feet in length, that has a distance of no more than forty-three feet between the kingpin and the center of the rearmost axle with wheels in contact with the road surface, may be operated on (1) unless posted otherwise, United States and Connecticut routes numbered from 1 to 399, inclusive, 450, 476, 508, 693 and 695 and the national system of interstate and defense highways, and (2) state and local roads for up to one mile from the routes and system specified in subdivision (1) of this subsection for access to terminals, facilities for food, fuel, repair and rest, and points of loading and unloading. The Commissioner of Transportation shall permit additional routes upon application of carriers or shippers provided the proposed additional routes meet the permit criteria of the Department of Transportation. Such length limitation shall be exclusive of safety and energy conservation devices, such as refrigeration units, air compressors or air shields and other devices, which the Secretary of the federal Department of Transportation may interpret as necessary for the safe and efficient operation of such vehicles, provided no such device has by its design or use the capability to carry cargo.
  4. Violation of any provision of this section shall be subject to a fine of five hundred dollars.

Delaware: State Police, Department of Commercial Vehicles. Camden, DE. 302-697-4454.

4371. Constructions of Vehicles to Prevent Escape of Contents; Penalty

  1. No vehicle shall be driven or moved on any highway unless it is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom.
  2. Whoever violates subsection (a) of this section shall, for the first offense be fined not less than $10, nor more than $28.75. For each subsequent like offense the person shall be fined not less than $28.75 nor more than $100.

Florida: Bureau of Motor Carrier Compliance, Tallahassee, FL 904-488-6289.

316.520. Loads on Vehicles

  1. A vehicle may not be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, blowing, or otherwise escaping therefrom, except that sand may be dropped only for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.

  2. It is the duty of every owner and driver, severally, of any vehicle hauling, upon any public road or highway open to the public, dirt, sand, lime rock, gravel, silica, or other similar aggregate or trash, garbage, any inanimate object or objects, or any similar material that could fall or blow from such vehicle, to prevent such materials from falling, blowing, or in any way escaping from such vehicle. Covering and securing the load with a close-fitting tarpaulin or other appropriate cover or a load securing device meeting the requirements of 49 C.F.R.s. 393.100 or a device designed to reasonably ensure that cargo will not shift upon or fall from the vehicle is required and shall constitute compliance with this section.
    1. Except as provided in paragraph (b), a violation of this section is a non-criminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
    2. Any person who willfully violates the provisions of this section which offense results in serious bodily injury or death to an individual and which offense occurs as a result of failing to comply with subsections (1) and (2) commits a criminal traffic offense and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

  3. The provision of subsection (2) requiring covering and securing the load with a close fitting tarpaulin or other appropriate cover does not apply to vehicles carrying agricultural products locally from a harvest site or to or from a farm on roads where the posted speed limit is 65 miles per hour or less and the distance driven on public roads is less than 20 miles.
316.525 Requirements for vehicles hauling loads.
  1. (1) It is the duty of every owner, licensee and driver, severally, of the truck, trailer, semi trailer, or pole trailer to use such stanchions, standards, stays, supports, or other equipment, appliances, or contrivances, together with one or more lock chains, when lock chains are the most suitable means of fastening the load, or together with nylon strapping, when nylon strapping is the most suitable means of securing the load, so as to fasten the load securely to the vehicle.

  2. The Department of Transportation shall promulgate rule with respect to the type and suitability of nylon strapping to be used in compliance with this section.

  3. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

    History. – 1, ch. 71-135; s. 1, 76-31; ss. 1, 2, ch. 80-229; s. 190, ch. 81-259; s. 236, ch. 99-248.

Georgia: Public Safety Commission, Hoper, GA. 404-559-6613.

Securing Loads on Vehicles No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to create a safety hazard; however, this code section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations. No person shall operate, or load for operation, on any public road any vehicle with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached or in any manner becoming a hazard to other users of the public road. Nothing in this code section nor any regulations based thereon, shall conflict with federal, or Georgia Public Service Commission, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles. The provisions of subsection (b) of this Code section and regulations based thereon shall not apply to vehicles carrying silage from field to storage and storage to feedlot or vehicles or equipment carrying unginned cotton. 40-6-254 Transport of unsecured load; penaltyNo person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of such load onto the roadway in such a manner as to create a safety hazard.? Any person who operates a vehicle in violation of this Code section shall be guilty of a misdemeanor.

Hawaii: State Department of Transportation, Honolulu, HI. 808-692-7661.

§291C-131. Spilling Loads on Highways, penalties.

  1. No vehicle shall be moved on any highway, unless the vehicle is so constructed, covered, or loaded as to prevent any of its load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a highway in cleaning or maintaining the highway.

  2. No vehicle shall be driven or moved on any highway when any load thereon is not entirely within the body of the vehicle; provided that this prohibition shall not apply if the load is securely fastened by means of clamps, ropes, straps, cargo nets, or other suitable mechanical device to prevent such load from dropping onto the highway or from shifting in any manner and, further, no vehicle shall be operated on any highway with any load thereon projecting beyond the extreme width of the vehicle.

  3. Vehicles carrying agricultural produce from fields during harvesting shall be exempt from the requirements of this section but the owner of the vehicle must provide for the reasonable removal of all such produce spilled or dropped on the highway.

  4. No vehicle shall be driven or moved on any highway with any load if the load is not entirely covered by a cargo net, tarpaulin, canopy, or other material designed to cover the load to prevent the load from escaping from the vehicle, where the load consists partially or entirely of loose paper, loose rubbish, plastics, empty cartons, dirt, sand or gravel.

  5. Vehicles transporting a granular load consisting of dirt, sand or gravel on any highway shall not be required to cover their granular load if the granular load does not extend, at its peak, above any point on a horizontal place equal in height to the top of the side, front, or rear part of the cargo container area that is the least in height.

  6. No vehicle shall be driven or moved on any highway with a load consisting of rocks, stones or boulders if the load, at its peak, extends above any point on a horizontal place equal in height to the top of the side, front, or rear part of the cargo container area that is the least in height.

  7. Violation of this section shall be considered an offense as defined in section 701-107 (5), shall not be subject to the provisions of chapter 291D, and shall subject the owner or driver of the vehicle, or both, to the following penalties without possibility if probation or suspension of sentence:
    1. For a first violation, by a fine of not less than $250 and not more than $500.

    2. For a second violation involving a vehicle or driver previously cited under this section within one year: (a) Suspension of the vehicle registration or suspension of the license of the driver, or both, for not less than five working days but not more than ten working days; and (b) A fine of not less than $500 and not more than $750.

    3. For a third or subsequent violation involving a vehicle or driver previously cited under this section within one year: (a) Suspension of the vehicle registration or suspension of the license of the driver, or both, for a period of thirty calendar days; and (b) A fine of not less than $750 and not more than $1,000.

  8. In imposing a fine under this subsection, the court, in this discretion, may apportion payment of the fine between the driver of the vehicle and the owner of the vehicle according to the court’s determination of the degree of fault for the violation.

    For the purposes of this subsection, a truck-trailer combination and tractor-semi trailer combination, as they are defined in section 286-2, shall be considered as one vehicle. [L 1976, c 137, §1; am L 1986, c 175, §1; am L 189, c 301, §1; am L 1990, c 121, §1; am L 2000, c 100, §1]

Idaho: Idaho Transportation Department, Motor Vehicles Bureau. 208-334-3272.

393.100. General Rules For Protection Against Shifting or Falling Cargo.

  1. Application and scope of the rules in this section. This section applies to trucks, truck tractors, semi-trailers, full trailers and pole trailers. Each of those motor vehicles must, when transporting cargo, be loaded and equipped to prevent the shifting or falling of cargo in the manner prescribed by the rules in paragraph (b) of this section. In addition, each cargo- carrying motor vehicle must conform to the applicable rules in '393.102, 393.104 and 393.106.

  2. Basic protection component - each cargo-carrying motor vehicle must be equipped with devices providing protection against shifting or falling cargo that meet the requirements of either paragraph (b) (1), (2), (3) or (4) of this section.
    1. Option A. The vehicle must have sides, sideboards, or stakes and rear endgate, endboard or stakes. Those devices must be strong enough and high enough to assure that cargo will not shift upon or fall from the vehicle. Those devices must have no aperture large enough to permit cargo in contact with one or more of the devices to pass through it.
    2. Option B. The vehicle must have at least one tie down assembly that meets the requirements of '393.102 for each 10 linear feet of lading or fraction thereof. (However, a pole trailer, or an expandable trailer transporting metal articles under the special rule in paragraph (c) of this section, is required only to have two or more of those tiedown assemblies at each end of the trailer.) In addition, the vehicle must have as many additional tiedown assemblies meeting the requirements of '393.102 as are necessary to secure all cargo being transported either by direct contact between the cargo and the tiedown assemblies or by dunnage which is in contact with the cargo and is secured by tiedown assemblies.
    3. Option C (for vehicles transporting metal articles only). A vehicle transporting cargo which consists of metal articles must conform to either the rules in paragraph (b) (1), (2) or (4) of this section or the special rules for transportation of metal articles set forth in paragraph (c) of this section.
    4. Option D. The vehicle must have other means of protecting against shifting or falling cargo, which is similar to, and at least as effective as, those, specified in paragraph (b) (1), (2), or (3) of this section.

  3. Special rules for metal articles - (1) Scope of the rules in this paragraph. The rules in this paragraph apply to a motor vehicle transporting cargo consisting of metal articles if that vehicle does not conform to the rules in paragraph (b) (1), (2) or (4) of this section

Illinois: Department of Transportation, Springfield, IL.217-785-1181.

15-109.1. Covers or Tarpaulins Required for Certain Loads

No person shall operate or cause to be operated, on a highway, any second division vehicle loaded with dirt, aggregate, garbage, refuse or other similar material, when any portion of the load is falling, sifting, blowing dropping or in any way escaping from the vehicle.

This section shall not apply to the operation of highway maintenance vehicles engaged in removing snow and ice from the roadway, nor to implements of husbandry or other farm vehicles while transporting agricultural products to or from the original place of production.

For the purpose of this section "aggregate" shall include all ores, minerals, sand, gravel, shale, coal, clay, limestone or any other ore or mineral which may be mined.

Notwithstanding any other penalty, whenever a police officer determines that the operator of a vehicle is in violation of this section, as evidenced by the issuance of a citation for a violation of section 15-109.1 of this code, the police officer shall require the operator to stop the vehicle in a suitable place and keep such vehicle stationary until the load has either been reduced, secured or covered with a cover or tarpaulin of sufficient size to prevent any further violation of this section.

Added by P.A. 84-226, ' 1, eff. Jan. 1, 1986.

Indiana: Indiana State Police, Motor Carrier Division, Indianapolis, IN. 317-615-7373.

IC 8-2.1-24-18
Compliance with federal motor carrier safety regulations

Sec. 18.

  1. (a) 49 CFR Parts 382 through 387, 390 through 393, and 395 through 398 is incorporated into Indiana law by reference, and, except as provided in subsections (d), (e), (f), and (g), must be complied with by an interstate and intrastate motor carrier of persons or property throughout Indiana. Intrastate motor carriers subject to compliance reviews under 49 CFR 385 shall be selected according to criteria determined by the superintendent which must include but is not limited to factors such as previous history of violations found in roadside compliance checks and other recorded violations. However, the provisions of 49 CFR 395 that regulate the hours of service of drivers, including requirements for the maintenance of logs, do not apply to a driver of a truck that is registered by the bureau of motor vehicles and used as a farm truck under IC 9-18, or a vehicle operated in intrastate construction or construction related service, or the restoration of public utility services interrupted by an emergency. Except as provided in subsection (i), intrastate motor carriers not operating under authority issued by the United States Department of Transportation shall comply with the requirements of 49 CFR 390.21(b)(3) by registering with the department of state revenue as an intrastate motor carrier and displaying the certification number issued by the department of state revenue preceded by the letters "IN". Except as provided in subsection (i), all other requirements of 49 CFR 390.21 apply equally to interstate and intrastate motor carriers.

  2. 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177 through 178, and 180, is incorporated into Indiana law by reference, and every:
    1. private carrier;
    2. common carrier;
    3. contract carrier;
    4. motor carrier of property, intrastate;
    5. hazardous material shipper; and
    6. carrier otherwise exempt under section 3 of this chapter; must comply with the federal regulations incorporated under this subsection, whether engaged in interstate or intrastate commerce.

  3. Notwithstanding subsection (b), nonspecification bulk and nonbulk packaging, including cargo tank motor vehicles, may be used only if all the following conditions exist:
    1. The maximum capacity of the vehicle is less than three thousand five hundred (3,500) gallons.

    2. The shipment of goods is limited to intrastate commerce.

    3. The vehicle is used only for the purpose of transporting fuel oil, kerosene, diesel fuel, gasoline, gasohol, or any combination of these substances. All additional federal standards for the safe transportation of hazardous materials apply until July 1, 2000. After June 30, 2000, the maintenance, inspection, and marking requirements of 49 CFR 173.8 and Part 180 are applicable. In accordance with federal hazardous materials regulations, new or additional nonspecification cargo tank motor vehicles may not be placed in service under this subsection after June 30, 1998.

  4. For the purpose of enforcing this section, only:
    1. a state police officer or state police motor carrier inspector who:
      1. has successfully completed a course of instruction approved by the Federal Highway Administration; and

      2. maintains an acceptable competency level as established by the state police department; or

    2. an employee of a law enforcement agency who:
      1. before January 1, 1991, has successfully completed a course of instruction approved by the Federal Highway Administration; and

      2. maintains an acceptable competency level as established by the state police department; on the enforcement of 49 CFR, may, upon demand, inspect the books, accounts, papers, records, memoranda, equipment, and premises of any carrier, including a carrier exempt under section 3 of this chapter.
  5. A person hired before September 1, 1985, who operates a motor vehicle intrastate incidentally to the person's normal employment duties and who is not employed as a chauffeur (as defined in IC 9-13-2-21(a)) is exempt from 49 CFR 391 as incorporated by this section.

  6. Notwithstanding any provision of 49 CFR 391 to the contrary, a person at least eighteen (18) years of age and less than twenty-one (21) years of age may be employed as a driver to operate a commercial motor vehicle intrastate. However, a person employed under this subsection is not exempt from any other provision of 49 CFR 391.

  7. Notwithstanding subsection (a) or (b), the following provisions of 49 CFR do not apply to private carriers of property operated only in intrastate commerce or any carriers of property operated only in intrastate commerce whether or not the carrier vehicle is of a class that requires a commercial driver's license:
    1. Subpart 391.41(b)(3) as it applies to physical qualifications of a driver who has been diagnosed as an insulin dependent diabetic, if the driver has applied for and been granted an intrastate medical waiver by the bureau of motor vehicles pursuant to this subsection. The same standards and the following procedures shall apply for this waiver whether or not the driver is required to hold a commercial driver's license. An application for the waiver shall be submitted by the driver and completed and signed by a certified endocrinologist or the driver's treating physician attesting that the driver:
      1. is not otherwise physically disqualified under Subpart 391.41 to operate a motor vehicle, whether or not any additional disqualifying condition results from the diabetic condition, and is not likely to suffer any diminution in driving ability due to the driver's diabetic condition;

      2. is free of severe hypoglycemia or hypoglycemia unawareness and has had less than one (1) documented, symptomatic hypoglycemic reaction per month;

      3. has demonstrated the ability and willingness to properly monitor and manage the driver's diabetic condition;

      4. has agreed to and, to the endocrinologist's or treating physician's knowledge, has carried a source of rapidly absorbable glucose at all times while driving a motor vehicle, has self monitored blood glucose levels one (1) hour before driving and at least once every four (4) hours while driving or on duty before driving using a portable glucose monitoring device equipped with a computerized memory; and

      5. has submitted the blood glucose logs from the monitoring device to the endocrinologist or treating physician at the time of the annual medical examination.

      A copy of the blood glucose logs shall be filed along with the annual statement from the endocrinologist or treating physician with the bureau of motor vehicles for review by the driver licensing medical advisory board established under IC 9-14-4. A copy of the annual statement shall also be provided to the driver's employer for retention in the driver's qualification file, and a copy shall be retained and held by the driver while driving for presentation to an authorized federal, state, or local law enforcement official. Notwithstanding the requirements of this clause, the endocrinologist, the treating physician, the advisory board of the bureau of motor vehicles, or the bureau of motor vehicles may, where medical indications warrant, establish a short period for the medical examinations required under this clause.
    2. Subpart 396.9 as it applies to inspection of vehicles carrying or loaded with a perishable product. However, this exemption does not prohibit a law enforcement officer from stopping these vehicles for an obvious violation that poses an imminent threat of an accident or incident. The exemption is not intended to include refrigerated vehicles loaded with perishables when the refrigeration unit is working.
    3. Subpart 396.11 as it applies to driver vehicle inspection reports.
    4. Subpart 396.13 as it applies to driver inspection.
  8. For purposes of 49 CFR 395.1(l), "planting and harvesting season" refers to the period between January 1 and December 31 of each year. The intrastate commerce exception set forth in 49 CFR 395.1(l), as it applies to the transportation of agricultural commodities and farm supplies, is restricted to single vehicles and cargo tank motor vehicles with a capacity of not more than five thousand four hundred (5,400) gallons.

  9. The requirements of 49 CFR 390.21 do not apply to an intrastate carrier or a guest operator not engaged in interstate commerce and operating a motor vehicle as a farm vehicle in connection with agricultural pursuits usual and normal to the user's farming operation or for personal purposes unless the vehicle is operated either part time or incidentally in the conduct of a commercial enterprise.

  10. The superintendent of state police may adopt rules under IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by reference under this section.

  11. As added by P.L.110-1995, SEC.29. Amended by P.L.61-1996, SEC.10; P.L.84-1997, SEC.1; P.L.85-1997, SEC.1; P.L.98-1999, SEC.1; P.L.92-2000, SEC.1; P.L.75-2003, SEC.1; P.L.219-2003, SEC.1; P.L.208-2003, SEC.2; P.L.210-2005, SEC.4.
IC 9-21-8-48
Vehicles with contents escaping; prohibition from operation; exceptions
Sec. 48. A vehicle, except:
  1. a vehicle containing poultry or livestock being transported to market; or

  2. a highway maintenance vehicle engaged in spreading sand or deicing chemicals; may not be driven or moved on a highway if the vehicle's contents are dripping, sifting, leaking, or otherwise escaping from the vehicle.
As added by P.L.2-1991, SEC.9. Amended by P.L.79-1991, SEC.4.

Iowa: Department of Transportation Motor Vehicles Enforcement, Des Moines, IA. 800-925-6469.

321.460.  Spilling Loads on Highways.

A vehicle shall not be driven or moved on any highway by any person unless such vehicle is so constructed or loaded or the load securely covered as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping or its load covering from dropping from the vehicle, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. The provisions of this section shall not apply to vehicles loaded with hay or stover or the products listed in section 321.466, subsections 5 and 6.

[C39, §5035.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.460]

For applicable scheduled fine, see §805.8A, subsection 13, paragraph c.

Kansas: Kansas Highway Patrol, Topeka, KS. 785-296-6800.

8-1906. Securing Loads on Vehicles; Requirements for Hauling Livestock

  1. No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that:
    1. This section shall not prohibit the necessary spreading of any substance in highway maintenance or construction operations; and
    2. Subsections (a) and (c) shall not apply to trailers or semi-trailers when hauling livestock if such trailers or semi-trailers are properly equipped with a cleanout trap and such trap is operated in a closed position unless material is intentionally spilled when the trap is in a closed position. Paragraph (2) shall not apply to trailers or semi-trailers used for hauling livestock when livestock are not being hauled in such trailers or semi-trailers.
  2. All trailers or semi-trailers used for hauling livestock shall be cleaned out periodically.

  3. No person shall operate on any highway any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent the covering of load from becoming loose, detached or in any manner a hazard to other users of the highway.
History: L. 1974, ch 33, &8-1906; L. 1984, ch. 41, & 1; 1989, ch.45, &1; July 1

Kentucky: Transportation Cabinet, Department of Vehicle Regulation, Frankfort, KY. 502-564-3276.

177.305 Prevention of spillage from trucks hauling coal.

All trucks hauling coal on a fully controlled limited access highway shall be covered by a tarp or equivalent cover to prevent spillage.

189.150 Escaping Contents - Shifting or Spilling Loads

  1. No vehicle shall be operated upon any highway unless it is so constructed as to prevent its contents from escaping.
  2. No vehicle shall be operated upon any public highway for a distance of over one (1) mile whose load is susceptible to shifting or spillage unless said load is covered with a device suitable for prevention of spillage.

Louisiana: Department of Transportation and Development, Baton Rouge, LA. 504-343-2345.

§383. Loads on vehicles; care required thereto; penalties; definition

    1. The load on a vehicle shall not drop, sift, leak, or otherwise escape therefrom, except that sand may be dropped on a highway to secure traction or a liquid substance may be dropped on a highway to clean or maintain such highway.
    2. Any load of garbage, refuse, sludge, and other discarded material being transported by a commercial hauler shall be covered while being transported in such a manner as to prevent the load from spilling or dropping from the vehicle.
    3. Any violation of Paragraph (2) of this Subsection for failure to cover any load of garbage, refuse, sludge, and other discarded material shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.
    4. The penalty provisions of Paragraph (3) of this Subsection shall not apply when the load was properly covered and subsequently became uncovered as the result of an accident or circumstances beyond the control of the operator of the vehicle.
    1. The load on any vehicle shall be securely fastened so as to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
    2. Freight containers, as defined in 49 CFR 171.8, used in both the waterborne transport of cargo and in the overland transport of cargo shall be properly secured so as to prevent the container from becoming loose, detached, or in any manner a hazard to other users of the highway.
    3. Any violation of Paragraph (2) of this Subsection shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.
    4. The penalty provisions of R.S. 32:383(B)(3) shall not apply when the freight container was properly secured and subsequently became loose or detached as the result of an accident or circumstances beyond the control of the operator of the vehicle.
  1. "Loose material" means dirt, sand, gravel, or other material that is capable of blowing or spilling from a vehicle as a result of movement or exposure to air, wind currents, or weather, but shall not include agricultural products in their natural state or wood chips.
§383.1. Loads of loose materials on vehicles; care required thereto; penalties
  1. Any load of loose material as defined in R.S. 32:383(C) being transported by a commercial hauler, or in a vehicle purchased by the state or any political subdivision of this state after August 15, 1999, shall be covered in such a manner as to prevent the load from blowing, spilling, or dropping from the vehicle. However, a load of dirt or sand shall be exempt from the provisions of this Section if the load is being transported within a municipality with a population of not less than ten thousand five hundred nor more than eleven thousand two hundred in a parish with a population of no less than thirty-one thousand two hundred fifty nor no more than thirty-two thousand five hundred all according to the latest decennial census, and the speed of the vehicle transporting the load does not exceed twenty-five miles per hour.
  2. Any violation of this Section for failure to cover a load of loose material while being transported shall be punishable by a fine of not less than one hundred dollars or more than two hundred dollars.
Acts 1991, No. 555, §1; Acts 1995, No. 544, §1; Acts 1999, No. 258, §1; Acts 2001, No. 787, §1; Acts 2001, No. 1205, §1.

Maine: Bureau of State Police, Traffic Division, Augusta, ME. 207-674-7000.

§2396. Certain substances on public ways

  1. Injurious substances. A person may not place on a way a tack, nail, wire, scrap metal, glass, crockery or other substance that may injure feet, tires or wheels. If a person accidentally places such substance on a way, that person shall immediately make al reasonable efforts to clear the way of that substance.
  2. Unsecured load. A person may not operate on a public way a vehicle with a load that is not fastened, secured, confined or loaded to reasonably prevent a portion from falling off.

    For the purposes of this section “load” includes, but is not limited to, firewood, pulpwood, logs, bolts or other material, but does not include loose hay, pea vines, straw, grain or cornstalks.

    When the load consists of sawdust, shavings or wood chips, and a reasonable effort has been made to completely cover the load, minor amounts blown from the vehicle while in transit do not constitute a violation.

    A violation of this section is a traffic infraction subject to a forfeiture of not less than $150 nor more than $500.
  3. Gravel. A load of gravel, sand, crushed stone, rubbish, building debris or trash must be covered or otherwise secured or confined to prevent any portion of the load from falling from or spilling out of the vehicle.
  4. Snow. A person may not place and allow to remain on a public way snow or slush that has not accumulated there naturally.
§2397 Menacing or damaging vehicles

The Secretary of State may revoke or suspend the certificate of registration of a vehicle that is:
  1. Menace. So constructed that when in operation the vehicle is a menace to the safety of its occupants or to the public; or
  2. Damage. So constructed or operated as to cause unreasonable damage to public ways or bridges.

Maryland: Maryland State Police, Commercial Vehicle Division, Glen Burnie, MD. 410-694-6100.

§ 24-106. Securing loads on vehicles - In general.

  1. Exceptions.- This section and § 24-106.1 of this title do not prohibit:
    1. Dropping sand, abrasives, chemicals, or other materials to improve traction;
    2. Spreading water or other substance to construct, clean or maintain a highway; or
    3. Dropping asphalt or other materials for highway, bridge, storm drain, or utility construction or repair.
  2. Construction or loading of vehicle to prevent dropping, sifting, leaking, or escaping.- A vehicle with any load may not be driven on any highway unless the vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking, or otherwise escaping.
  3. Securing loads required.- A vehicle with any load may not be driven on any highway unless the load and any covering on the load are fastened securely to prevent the load or covering from becoming loose or detached or from in any way endangering other users of the highway.
  4. Agricultural products.- This section does not apply to agricultural products in their natural state or residue developed from processing vegetable agricultural products that can be used as feed for animals and that are being transported to a farm. This provision, however, does not prevent the enforcement of any rule or regulation promulgated by the Department of the Environment for the control of air pollution.
  5. Removal of debris.- The owner of a vehicle from which dirt, debris, or agricultural products has fallen on any highway is responsible for removing that dirt, debris, or agricultural products within a reasonable time.

[An. Code 1957, art. 661/2, § 14-106; 1977, ch. 14, § 2; 1981, ch. 659; 1986, ch. 472, § 1; 1987, ch. 306, § 3; 1989, chs. 541, 796.]

§ 24-106.1. Same - Loose material.

  1. "Loose material" defined.- In this section:
    1. "Loose material" includes:
      1. Dirt, sand, gravel, wood chips, or other material that can blow, fall, or spill from a vehicle as a result of movement or of exposure to air, wind, or weather; and
      2. Any other kind of material that can blow, fall, or spill, as specified in rules and regulations adopted by the Administrator; and
    2. "Loose material" does not include agricultural products, including sod, in their natural state.
  2. Carrying loose material.- A person may not, in violation of this section, carry any loose material in any vehicle on or across any highway in this State.
  3. Loading loose material.- A person may not, in violation of this section, load any loose material for carrying in any vehicle on or across any highway in this State.
  4. Enclosures generally.-
    1. Subject to the provisions of subsection (e) of this section, the bed of the vehicle carrying a load of loose material shall be fully enclosed:
      1. On both sides, by sideboards or sidepanels;
      2. On the front, by a board or panel or by the cab of the vehicle; and
      3. On the rear, by a tailgate, board, or panel.
      1. The enclosures required by paragraph (1) of this subsection shall be constructed so as to prevent any part of the load from blowing, falling, or spilling out of the vehicle.
      2. No part of the load touching any of these enclosures may be within 6 inches of the top of the part of the enclosure that it touches, unless the load is covered with a firmly secured canvas or similar type covering.
      3. If the vehicle manufacturer's original design specifications for bed enclosures have been altered to increase the vehicle's load capacity, no part of the load touching any of these enclosures may be within 6 inches of the top of the part of the enclosure that it touches and the highest point of the load may not be higher than any of these enclosures, unless the load is covered with a canvas or other type cover approved by the Administration that is secured as provided in subsection (e) (3) of this section.
    2. This subsection does not apply to:
      1. Any load-carrying vehicle with a compartment that fully encloses the load; or
      2. A vehicle in which the load is suitably covered or secured by other means that prevent the escape of the loose material.
  5. Canvas enclosures
    1. The provisions of this subsection do not apply to:
      1. Any Class K (farm area) vehicle as defined in § 13-935 of this article;
      2. Any Class E (truck) vehicle registered or capable of being registered under § 13-917 of this article if the vehicle manufacturer's original design specifications for bed enclosures have not been altered to increase the vehicle's load capacity;
      3. Any construction vehicle working within the confines of a public works construction project site as outlined in the construction project's plans and specifications, provided the distance traveled does not exceed 1 mile or the distance specified in an extension granted under subsection (g) of this section;
      4. Any construction vehicle or mining equipment while crossing a highway between construction or mining sites;
      5. Any Class G (trailer) vehicle registered or capable of being registered under § 13-927 of this article, provided no part of the load is higher than 6 inches below the top of any of the enclosures required under subsection (d) (1) of this section; or
      6. Within the Port of Baltimore for a distance not to exceed 1 mile, any vehicle carrying a load of loose material between a stockpile or storage facility and a vessel docked at the port.
    2. A vehicle carrying a load of loose material shall have its bed fully enclosed on the top by a canvas or other type cover approved by the Administration.
    3. Any cover required under this section shall be secured in a manner to prevent:
      1. Any part of the load from blowing, falling, or spilling out of the vehicle; and
      2. The cover from blowing off the vehicle.
  6. Removal of spillage; securing tailgate; maintenance of bed.-
    1. This subsection does not apply to any construction vehicle or mining equipment that:
      1. Is moving between construction barricades on a public works project; or
      2. Only is crossing a highway.
    2. A vehicle used for carrying loose material may not be operated on any highway unless:
      1. All spillage from loading loose material is removed from the nonload-carrying parts of the vehicle;
      2. Whether the vehicle is loaded or empty, the tailgate is closed securely to prevent spillage of a load or of any residue;
      3. The bed does not have any holes, cracks, or openings through which loose material can escape; and
      4. After unloading loose material, all residue is removed from the nonload- carrying parts of the vehicle.
  7. Extension of exceptions.-
    1. Upon application by the supervisor of a construction project of the Department, the Department may grant a reasonable extension of the 1-mile limitation established in subsection (e) (1) (iii) of this section if the Department determines that the extension request meets the criteria developed under paragraph (2) of this subsection and the provisions of paragraph (3) of this subsection.
    2. (i) The Department shall adopt regulations establishing criteria for granting an extension under this subsection. (ii) In adopting regulations under this subsection, the
      Administration shall consider:
      1. 1. The size of the construction project;
      2. 2. The likely adverse impact that granting the extension will have on surrounding highways and motorist safety; and
      3. 3. The likely adverse impact of the cover requirement on construction costs and timely completion of the project.
    3. (3) An extension granted under this subsection may not exceed the confines of the Department's construction project.
[An. Code 1957, art. 661/2, § 14-106; 1977, ch. 14, § 2; 1986, ch. 472, § 1; 1989, chs. 541, 796; 1991, ch. 95; 1992, ch. 482.]

§ 24-106.2. Same - Transportation of lumber, pipe, steel, or similar materials.
  1. Enclosure required.- A vehicle used to carry logs, poles, unfinished or unfabricated lumber, pipe, steel, or other materials of a similar kind, size, shape, or characteristic may not be driven on any highway unless its load is enclosed entirely within the sides and ends of the body of the vehicle.
  2. Fastening required.- A vehicle used to carry logs, poles, unfinished or unfabricated lumber, pipe, steel, or other materials of a similar kind, size, shape, or characteristic may not be driven on any highway unless its load is fastened securely to both the front and rear of the vehicle at both the front and rear of the load, as provided in this section.
  3. Manner of fastening.- The fastening of a load to a vehicle shall be:
    1. By two separate common coil B.B. chains, the links of which may not be less than:
      1. 3/8 of an inch in diameter for loads of 3 tons or less; or
      2. 1/2 of an inch in diameter for loads over 3 tons;
    2. If they have at least as much tensile strength as the chains, by:
      1. Wire rope not less than 5/16 of an inch in diameter;
      2. Steel strapping;
      3. Logistic webbing of synthetic fibers; or
      4. Any fastening device specified in regulations adopted jointly by the Administration and the Department of State Police; or
    3. As specified in Part 393.102 (b) (securement systems) of the federal Motor Carrier Safety Regulations.
  4. Requisites for fastening devices.- The fastening devices specified in this section shall be fastened with an adequate load binder of standard make or other appropriate fastening device.
  5. Repair or replacement of fastening devices.- The fastening devices specified in this section may not be repaired or replaced by any material other than of the size, strength, and material specified in this section.

[An. Code 1957, art. 661/2, § 14-106; 1977, ch. 14, § 2; 1983, ch. 235; 1984, ch. 255; 1986, ch. 472, § 1; 1988, ch. 6, § 1; ch. 720; 1994, ch. 165, § 3; ch. 166, § 3; 1995, ch. 3, § 2.]

Massachusetts: Registry of Motor Vehicles, Boston, MA. 978-369-1005.

C. 85 Section 36. Construction and loading of vehicles to prevent dropping of load on way; penalty

"No person shall drive or move a motor vehicle on any way, as defined in section one of chapter ninety, nor shall the owner or bailee of any vehicle require or permit the same to be driven or moved on any such way, unless such vehicle is constructed or loaded so as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, and, if it is loaded with sand, gravel, loam, dirt, stone, rubbish or debris that could fall on other vehicles or on the highway and create litter or potential hazards to other vehicles, unless its load is fully and adequately covered. This section shall not prohibit the dropping of sand for the purpose of securing traction, or the sprinkling of water or other substance on such a way in cleaning or maintaining the same. Whoever violates the provisions of this section shall be punished by a fine of not less than fifty nor more than two hundred dollars."

C. 265, Sec. 35. Throwing or dropping objects onto public way; punishment

Whoever willfully or negligently drops, throws or otherwise releases any object, missile or other article onto any way as defined in section one of chapter ninety, the turnpike as defined in clause (b) of section four of chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two or the tunnels as defined in clause (d) of section one of chapter five hundred and ninety-eight of the acts of nineteen hundred and fifty-eight so that the lives or safety of the public might be endangered shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than one year, or both.
Added by St.1968, c. 139. Amended by St. 1973, c. 432.

Michigan: Michigan State Police Motor Carrier Division, Lansing, MI. 517-336-6195.

257.720 Construction or loading of vehicles to prevent contents from escaping; exception; closing tailgates, faucets, and taps; exemption; proof of violation; loading of vehicles not completely enclosed; prima facie liability; conditions for carrying logs or tubular products; exceptions; violation; penalty; definitions.

Sec. 720

  1. A person shall not drive or move a vehicle, except a vehicle carrying logs or tubular products, on a highway unless the vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, blowing off, or otherwise escaping from the vehicle.

    This requirement does not apply to a vehicle transporting agricultural or horticultural products when hay, straw, silage, or residue from a product, but not including the product itself, or when materials such as water used to preserve and handle agricultural or horticultural products while in transportation, escape from the vehicle in an amount that does not interfere with other traffic on the highway. The tailgate, faucets, and taps on a vehicle shall be securely closed to prevent spillage during transportation whether the vehicle is loaded or empty, and the vehicle shall not have any holes or cracks through which material can escape. Any highway maintenance vehicle engaged in either ice or snow removal shall be exempt from this section.
  2. Actual spillage of material on the highway or proof of that spillage is not necessary to prove a violation of this section.
  3. A vehicle carrying a load, other than logs or tubular products, which is not completely enclosed shall meet either of the following requirements:
    1. Have the load covered with firmly secured canvas or similar type covering. A device used to comply with the requirement of this subdivision shall not exceed a width of 108 inches nor by design or use have the capability to carry cargo by itself.
    2. Have the load securely fastened to the body or the frame of the vehicle with binders of adequate number and of adequate breaking strength to prevent the dropping off or shifting of the load.
  4. A company or individual who loads or unloads a vehicle or causes it to be loaded or unloaded, with knowledge that it is to be driven on a public highway, in a manner as to cause a violation of subsection (1) shall be prima facie liable for a violation of this section.
  5. A person shall not operate a motor vehicle carrying logs or tubular products on a highway unless the following conditions are met:
    1. If the logs or tubular products are loaded crosswide or at right angles to the side of the vehicle, the load of logs or tubular products shall be securely fastened to the body or frame of the vehicle with not less than two binders which are secured to the frame at each end of the load and pass over the load so that the frame and binders completely encircle the load.
    2. If the vehicle is a truck or trailer carrying logs which has a loading surface more than 33 feet in length and the logs are loaded crosswise or at right angles to the side of the vehicle, the vehicle shall be equipped with a center partition located approximately 1/2 the distance from the front to the rear of the loading surface of the truck or trailer. The center partition shall be either a center mounted hydraulic loader or a center set of stakes and shall be pinned, bolted, or otherwise securely fastened to the frame. The load shall be secured as required by subdivision (a) and, in addition, the 2 lengthwise tie downs shall be attached or threaded through the center partition at a level not less than 1 foot below the load height.
    3. If the logs or tubular products are loaded lengthwise of the vehicle, obliquely or parallel to the sides, with metal stakes and pockets, the load of logs or tubular products shall be secured as follows:
      1. With 2 tie downs from frame to frame for every tier.
      2. So that not more than 1/2 the diameter of the top log or tubular product extends higher than the stake tops.
      3. With 2 cross chains per tier if the load extends more than 5 feet above the loading surface.
      4. So that every 10 linear feet, and any remaining fraction thereof, has not less than 1 tie down from frame to frame.
    4. If the logs or tubular products are loaded lengthwise of the vehicle, obliquely or parallel to the sides, with permanent metal gusseted bunks, the load of logs or tubular products shall be secured as follows:
      1. With 2 tie downs from frame to frame for every tier.
      2. So that not more than 1/2 the diameter of the top log extends higher than the stake tops.
      3. So that every 10 linear feet, and any remaining fraction thereof, has not less than 1 tie down from frame to frame.
    5. The tie downs, cross chains, stakes, and other materials used to secure loads of logs or tubular products as required under subdivisions (a) to (d) shall meet the following minimum requirements:
      1. Chain shall be of steel and shall be of strength not less than 5/16 inch in diameter "transport," which is embossed with a grade stamp representative of grade 70, or not less than 3/8 inch in diameter "high test," which is embossed with a grade stamp representative of grade 40. Chain shall not be repaired by welding, wire, or cold shuts.
      2. Wire rope shall be of improved plow steel and not less than 3/8 inch in diameter.
      3. Webbing strap shall be not less than 3 inches in width and shall have a minimum breaking strength of 14,000 pounds.
      4. Metal stakes shall be of sufficient strength to hold and contain the load.
      5. Connecting links and hooks shall be at least as strong as the tie down material used.
  6. Subsection (3) shall not apply to a person operating a vehicle to transport agricultural commodities in the normal operation of a farm. However, a person operating a vehicle to transport agricultural commodities in the normal operation of a farm who violates subsection (1) or (4) is guilty of a misdemeanor and shall be subject to the penalties prescribed in subsection (9).
  7. Subsection 3 (a) shall not apply to a motor vehicle transporting items of a load which because of their weight will not fall off the moving vehicle and which have their centers of gravity located at least six inches below the top of the enclosure nor to a motor vehicle carrying metal which because of its weight and density is so loaded as to prevent it from dropping or falling off the moving vehicle.
  8. Subsection 3 (a) shall not apply to motor vehicles and other equipment engaged in work upon the surface of a highway or street in a designated work area.
  9. A person shall not drive or move on a highway a vehicle equipped with a front end-loading device with a tine protruding parallel to the highway beyond the front bumper of the vehicle unless the tine is carrying a load designed to be carried by the front end-loading device. This subsection does not apply to a vehicle designed to be used or being used to transport agricultural commodities, to a vehicle en route to a repair facility, or to a vehicle engaged in construction activity. As used in subsection, “agricultural commodities” means that term as defined in section 722.
  10. A person who violates this section is guilty of a misdemeanor punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or both.
  11. As used in this section:
    1. "Cross chain" means a chain which extends through the load of logs or tubular products and is connected at each end to a side stake.
    2. "Logs," means saw logs, pulpwood or tree length poles.
    3. "Tie down,” means a high strength material, which is used to secure the load of logs or tubular products to the frame or the bed of the vehicle.
    4. "Tier" means a vertical pile or stack of logs or tubular products.

Minnesota: State Patrol, St. Paul, MN. 651-297-3935.

169.81, Subd. 5. Manner of Loading.

No vehicle shall be driven or moved on any highway unless such vehicle is so constructed, loaded, or the load securely covered as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining such roadway. This subdivision shall not apply to motor vehicles operated by a farmer or the farmer's agent when transporting produce such as small grains, shelled corn, soybeans, or other farm produce of a size and density not likely to cause injury to persons or damage to property on escaping in small amounts from a vehicle. Violation of this subdivision by a vehicle that is carrying farm produce and that is not exempted by the preceding sentence is a petty misdemeanor.

Subd. 5b. Securing load; exceptions.

  1. The driver of a vehicle transporting sand, gravel, aggregate, dirt, lime rock, silica, or similar material shall ensure that the cargo compartment of the vehicle is securely covered if:
    1. The vertical distance from the top of an exterior wall of the cargo compartment to the load, when measured downward along the inside surface of the wall, is less than six inches; or
    2. The horizontal distance from the top of an exterior wall of the cargo compartment to the load is less than two feet.
  2. The driver shall not operate a vehicle to transport sand, gravel, aggregate, dirt, lime rock, silica, or similar material in or on any part of the vehicle other than in the cargo container. The driver shall clean the vehicle of loose sand, gravel, aggregate, dirt, lime rock, silica, or similar material before the vehicle is moved on a road, street, or highway following loading or unloading.
  3. A driver of a vehicle used to transport garbage, rubbish, trash, debris, or similar material is not required to cover the transported material as long as
    1. the vehicle is being operated at a speed less than 30 miles per hour,
    2. the vehicle is not being operated on an interstate highway, and
    3. no part of the load escapes from the vehicle. A driver shall immediately retrieve material that escapes from the vehicle, when safe to do so. A driver shall immediately retrieve material that escapes from the vehicle, when safe to do so.

Mississippi: Department of Transportation, Motor Carrier Division, Jackson, MS. 601-359-7350.

63-5-55.  Spilling loads on highways prohibited.

No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction or, water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.

63-7-83.  Cover required for open top vehicles carrying sand, dirt, gravel or rock.

Every truck, trailer or other carrier with an open top, while traveling upon any state, United States or interstate highway in the State of Mississippi and while carrying any load of sand, dirt, gravel or rock shall be equipped with a tarpaulin, canvas or other such top and same to be secured over the top of any load of sand, dirt, gravel or rock.

63-7-85.  Use of sideboards on open top vehicles carrying sand, dirt, gravel or rock.

In lieu of the tarpaulin provided in section 63-7-83, a truck, trailer or other carrier with an open top while traveling upon any state, United States or interstate highway in the State of Mississippi and while carrying any load of sand, dirt, gravel or rock shall be in full compliance with sections 63-7-83 through 63-7-89 provided same is not loaded within six (6) inches of the top of the bed or is equipped with four (4) six-inch (6") sideboards, which sideboards shall be attached one (1) each to the front, back and two (2) sides of the carrier body, and shall remain lowered while the body is being loaded, provided that no part of the load shall extend above the body of the carrier.  After loading, the sideboards shall be raised and secured to remain raised during travel, and the space between the top of the sideboards and the top of the load making contact with the sideboards shall not be less than six (6) inches.

Enforcement of Secs. 63-7-83 and 63-7-85.

The State Tax Commission, Mississippi Highway Patrol and other law enforcement agencies are hereby charged with enforcement of Sections 63-7-83 through 63-7-89.

Sources: Laws, 1974, ch. 521, § 3; Laws, 2001, ch. 596, § 64, SB 2699, eff from and after July 1, 2001.

63-7-89.  Penalties

Any person, firm or corporation operating a truck, trailer or other carrier on any state, United States or interstate highway not properly covered as set forth in section 63-7-83 or without sideboards as set forth in section 63-7-85 or in violation of any of the other provisions of said section 63-7-85 shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each separate and distinct violation.

Missouri: Missouri State Highway Patrol, Jefferson City, MO. 573-751-3313.

Section 307.010.  Loads which might become dislodged to be secured--Failure, penalty.

  1. All motor vehicles, and every trailer and semi-trailer operating upon the public highways of this State and carrying goods or material or farm products which may reasonably be expected to become dislodged and fall from the vehicle, trailer or semi-trailer as a result of wind pressure or air pressure and/or by the movement of the vehicle, trailer or semi-trailer shall have a protective cover or be sufficiently secured so that no portion of such goods or material can become dislodged and fall from the vehicle, trailer or semi-trailer while being transported or carried.
  2. Operation of a motor vehicle, trailer or semi-trailer in violation of this section shall be a class C misdemeanor, and any person convicted thereof shall be punished as provided by law.
(L. 1967 p. 417 &&1,2, A.L. 1996 H.B. 1047)

Montana: Montana Highway Patrol, Helena, MT. 406-444-3300.

Securing Loads

61-8-370
A person operating a loaded vehicle upon a public highway for the purpose of transporting solid waste as defined in 75-10-203, except a commercial motor vehicle or a vehicle transporting unprocessed agricultural products, shall attach, cover or otherwise secure the load sufficiently to prevent littering or creating an obstruction dangerous to the public traveling on the highway.

75-10-203 § (11)(a)
“Solid Waste” means all putrescible and nonputrescible wastes, including but not limited to garbage; rubbish; refuse; ashes; sludge from sewage treatment plants; water supply treatment plants; air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials.

Local ordinances:
Each city or county may impose and enforce regulations concerning the tarping of a load.

Nebraska: Department of Roads, Lincoln, NE 402-471-0105.

60-6,304 Load; contents; requirements; violation; penalty.

  1. No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping from the vehicle.
  2. No person shall transport any sand, gravel, rock less than two inches in diameter, or refuse in any vehicle on any hard-surfaced state highway if such material protrudes above the sides of that part of the vehicle in which it is being transported unless such material is enclosed or completely covered with canvas or similar covering.
  3. No person shall drive or move a motor vehicle, trailer, or semitrailer upon any highway unless the cargo or contents carried by the motor vehicle, trailer, or semitrailer are properly distributed and adequately secured to prevent the falling of cargo or contents from the vehicle. The tailgate, doors, tarpaulins, and any other equipment used in the operation of the motor vehicle, trailer, or semitrailer or in the distributing or securing of the cargo or contents carried by the motor vehicle, trailer, or semitrailer shall be secured to prevent cargo or contents falling from the vehicle. The means of securement to the motor vehicle, trailer, or semitrailer must be either tiedowns and tiedown assemblies of adequate strength or sides, sideboards, or stakes and a rear endgate, endboard, or stakes strong enough and high enough to assure that cargo or contents will not fall from the vehicle.
  4. Any person who violates any provision of subsection (2) or (3) of this section shall be guilty of a Class IV misdemeanor.
Source: Laws 1969, c. 304, § 1, p. 1095; C.S.Supp., 1972, § 39-735.02; Laws 1974, LB 593, § 7; Laws 1977, LB 41, § 21; R.S.1943, (1988), § 39-6,129; Laws 1993, LB 370, § 400; Laws 1993, LB 575, § 28; Laws 2002, LB 1105, § 463.

Nevada: Nevada Highway Patrol, Elko, NV. 702-688-2500.

484.771.

  1. No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
  2. No person shall operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.

New Hampshire: Department of Safety, Highway Enforcement, Concord, NH. 603-271-3339.

266:72 Spillage of Material. –

  1. No vehicle shall be driven or moved on any way unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a way in cleaning or maintaining such way.
  2. No person shall operate on any way any vehicle with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached, or in any manner a hazard to other users of the way. Without limiting the foregoing provision, no person shall drive on any way any open vehicle loaded with earth, sand, asphalt, stone, gravel, or other particulate substance unless said vehicle is equipped with and said load is entirely covered and secured by a tarpaulin or similar covering which prevents the escape of any substance from said load onto the way.

    II-a. No person shall operate on any way any open vehicle loaded with light scrap metal, unless the load is covered with and secured by a close-fitting tarpaulin which prevents the escape of any light scrap metal from the load onto the way. For the purposes of this paragraph "light scrap metal" means any fragments less than 8 inches wide and no more than 1/8 inch thick of manufactured metal articles or shredded metal parts rejected or discarded and useful only as material for reprocessing. The provisions of this paragraph shall not apply to truck operators transporting crushed vehicles to shredding facilities or to transporters of heavy scrap metals to or from metal scrap dealers or remelting facilities.
  3. Any person who violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Any person shall be liable to the state or town for any damage done to the way by spillage.
  4. The provisions of paragraphs I, II, II-a, and III of this section shall not apply to a local farmer transporting his own farm products or materials incidental to his farming operations where such transporting requires incidental use of a way, provided that such farmer shall not thereby be relieved of his duty to exercise reasonable care in carrying on such operations.
  5. The provisions of paragraphs II and II-a shall not apply to:
    1. The operation of highway building equipment as defined in RSA 259:42 and motor vehicles used in the construction of highways provided that such equipment or motor vehicle is used within a highway construction zone as prescribed by the commissioner of transportation, provided that the driver of any such vehicle shall not thereby be relieved of his duty to exercise reasonable care;
    2. The operation of municipal and state highway maintenance equipment;
    3. The driving of any vehicle on a way at speeds of less than 30 miles per hour.
266:72-a Motor Carriers; Equipment.
  1. The commissioner may adopt as rules, under RSA 541-A, the current version of the federal motor carrier safety regulations promulgated by the U.S. Department of Transportation, Federal Highway Administration, Bureau of Motor Carrier Safety, contained in 49 C.F.R. 107, 382, 385-397. Notwithstanding the provisions of RSA 541-A, any amendments or additions by the respective federal agencies or their successor agencies shall also amend or supplement the rules adopted by the commissioner of safety without further action on the part of the commissioner. The commissioner shall be authorized to exempt vehicles and drivers operating exclusively in intrastate commerce from such rules which the commissioner determines impose an unnecessary regulatory burden without providing a corresponding safety benefit.
  2. Whenever the commissioner finds that a motor carrier safety regulation in 49 C.F.R. sections 390-397, provides an equal or greater degree of safety the commissioner may, pursuant to RSA 260:5, adopt the federal regulation as a rule, and the rule shall take precedence over the conflicting provisions of this title. No person who is in compliance with the corresponding rule adopted by the commissioner shall be convicted of violating a conflicting provision of this title. The commissioner shall request the introduction, at the next annual session of the legislature following adoption of such a rule, of legislation amending or repealing the conflicting provision of this title and, if the legislation is not enacted, any rule so adopted shall be automatically repealed 60 days after the last day of the legislative session.
  3. The drivers of all vehicles subject to the motor carrier rules who operate exclusively in intrastate commerce shall be subject to the medical examination, written tests, and road tests required by 49 C.F.R. sections 391.31-391.49, as amended, provided, however, that the commissioner may waive specific requirements or standards of the medical examination for any such driver who has a valid commercial driver's license issued by this state on or after January 1, 1990, if it would not jeopardize public safety to grant such a waiver. The commissioner may adopt rules pursuant to RSA 541-A relative to standards for the granting of such waivers. The department shall make interested parties aware of the provisions of this paragraph. Once a waiver is granted under this paragraph, the waiver shall be placed on the medical examination card required by federal regulation.
  4. Utility service vehicle drivers providing intrastate service shall be exempt from the provisions of 49 C.F.R. 395 as adopted pursuant to this section.
Source. 1985, 213:24. 1989, 139:1. 1997, 252:2, 3, eff. Aug. 18, 1997.

New Jersey: Highway Patrol, Trenton, NJ. 609-882-2000.

Section 39:4-77.  Loading so as to spill prohibited; minimum safety standards; penalty.

No person shall cause or permit a vehicle to be so loaded or operate a vehicle so loaded that the contents or any part thereof may be scattered in any street.  Whenever the load of any vehicle is of material other than farm products susceptible to scattering on a street and such load extends above the height of the sides or tailgate or rear of the body of the vehicle, such load shall be securely covered by a tarpaulin or other cover.  The director, where public safety so warrants, shall, after a public hearing, prescribe by rule or regulation minimum safety standards for fastening loads on and fix loading procedures for any commercial type flat bed motor vehicle or motor-drawn vehicle.  Any rule or regulation so promulgated by the director shall be filed in the Secretary of State's office and copies thereof shall be available, upon request, in the director's office.

The owner, lessee, bailee, or operator of any vehicle described above found on a highway in violation of any such safety standard or procedure that may be prescribed by the director shall be fined not more than $500 for each violation.

Amended by L.1951, c. 23, p. 80, ' 38; L. 1966, c. 251, ' 1; L.1968, c. 272, ' 1, eff. Sept. 4, 1968

New Mexico: Public Regulatory Commission, Santa Fe, NM. 505-827-4519.

Section 66-7-407.  Loads on vehicles.

  1. No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, loaded secured or covered as to prevent any of its load from dropping, sifting, leaking or otherwise escaping, except that sand may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.
  2. No person shall operate on any highway any vehicle or combination of vehicles with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.  (Amendment effective July 1, 1989.)

New York: Department of Transportation, Albany, NY. 212-645-5550.

S 380-a. Certain vehicles engaged in the transportation of loose cargo.

  1. 1. It shall be unlawful to operate on any public highway any open truck or trailer being utilized for the transportation of any loose substances, unless said truck or trailer has a cover, tarpaulin or other device of a type and specification approved by the commissioner of transportation which completely closes in the opening on the said truck or trailer while said truck or trailer shall be so operated, so as to prevent the falling of any such substances therefrom. However, if the load is arranged so that no loose substance can fall from or blow out of such truck, the covering is not necessary.
  2. The commissioner of transportation is authorized to make necessary rules and regulations to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods and practices to effectuate such provisions.
  3. The provisions of this section shall not apply to motor vehicles, trailers and semi trailers conveying "farm products” as defined in section two of the agriculture and markets law.

STATUTORY AUTHORITY AND REGULATIONS

Sections 14f, 140(2), 211 and 212(a) of the State Transportation Law and Article 19-B of the State Vehicle and Traffic Law provides the statutory authority for the Commissioner of the Department of Transportation to promulgate regulations that apply to the operation of commercial vehicles on the public highways of the state. In general, these regulations have adopted the Federal Motor Carrier Safety Regulations found in Title 49 of the Code of Federal Regulations (49 CFR), Parts 390, 391, 392, 393, 396, and 397 and the Hazardous Materials Transportation Regulations found in 49 CFR, Parts 100 through 199 as they apply to interstate highway transportation.

There are specific exceptions to some of these regulations for vehicles operated strictly in intrastate commerce. Some of those exceptions are discussed in the following pages. Refer to the Title 17, New York State Code of Rules and Regulations (NYCRR17) Parts 819, 820, 821, 822, 824 and 507 for specific requirements.

SAFETY INSPECTIONS ARE CONDUCTED BY NYSDOT AND THE NEW YORK STATE POLICE AT ROADSIDE SITES

The New York State Department of Transportation (NYSDOT) is the Motor Carrier Safety Assistance Program (MCSAP) lead agency. The New York State Police is the primary participating police agency. A number of local police agencies also participate on a periodic basis.

When a vehicle has been selected for a safety inspection, the driver must help by staying behind the wheel and following the inspector's instructions. Inspectors will follow an inspection procedure established by the Commercial Vehicle Safety Alliance (CVSA) to inspect the driver and vehicle. These procedures are used throughout North America. Please follow the instructions of the inspector so that no unnecessary delays will be experienced. After the inspection, the inspector will explain the defects, if any, and provide the driver with a copy of the safety inspection report.

North Carolina: North Carolina Division of Motor Vehicles, Enforcement Section, Raleigh, NC. 919-733-4077.

§ 20-116. Size of vehicles and loads.

  1. (a) The total outside width of any vehicle or the load thereon shall not exceed 102 inches, except as otherwise provided in this section. When hogsheads of tobacco are being transported, a tolerance of six inches is allowed. When sheet or bale tobacco is being transported the load must not exceed a width of 114 inches at the top of the load and the bottom of the load at the truck bed must not exceed the width of 102 inches inclusive of allowance for load shifting or settling. Vehicles (other than passenger buses) that do not exceed the overall width of 102 inches and otherwise provided in this section may be operated in accordance with G.S. 20-115.1(c), (f), and (g).
  2. No passenger-type vehicle or recreational vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof.
  3. No vehicle, unladen or with load, shall exceed a height of 13 feet, six inches. Provided, however, that neither the State of North Carolina nor any agency or subdivision thereof, nor any person, firm or corporation, shall be required to raise, alter, construct or reconstruct any underpass, wire, pole, trestle, or other structure to permit the passage of any vehicle having a height, unladen or with load, in excess of 12 feet, six inches. Provided further, that the operator or owner of any vehicle having an overall height, whether unladen or with load, in excess of 12 feet, six inches, shall be liable for damage to any structure caused by such vehicle having a height in excess of 12 feet, six inches. The term "automobile transport" as used in this subsection shall mean only vehicles engaged exclusively in transporting automobiles, trucks and other commercial vehicles.
  4. Maximum Length. – The following maximum lengths apply to vehicles. A truck- tractor and semitrailer shall be regarded as two vehicles for the purpose of determining lawful length and license taxes.
    1. Except as otherwise provided in this subsection, a single vehicle having two or three axles shall not exceed 40 feet in length overall of dimensions inclusive of front and rear bumpers.
    2. Trucks transporting unprocessed cotton from farm to gin shall not exceed 48 feet in length overall of dimensions inclusive of front and rear bumpers.
    3. Recreational vehicles shall not exceed 45 feet in length overall, excluding bumpers and mirrors.
  5. Except as provided by G.S. 20-115.1, no combination of vehicles coupled together shall consist of more than two units and no such combination of vehicles shall exceed a total length of 60 feet inclusive of front and rear bumpers, subject to the following exceptions: Said length limitation shall not apply to vehicles operated in the daytime when transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered, nor to such vehicles transporting such objects operated at nighttime by a public utility when required for emergency repair of public service facilities or properties, but in respect to such night transportation every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of said projecting load to clearly mark the dimensions of such load: Provided that vehicles designed and used exclusively for the transportation of motor vehicles shall be permitted an overhang tolerance front or rear not to exceed five feet. Provided, that wreckers in an emergency may tow a combination tractor and trailer to the nearest feasible point for repair and/or storage: Provided, however, that a combination of a house trailer used as a mobile home, together with its towing vehicle, shall not exceed a total length of 55 feet exclusive of front and rear bumpers. Provided further, that the said limitation that no combination of vehicles coupled together shall consist of more than two units shall not apply to trailers not exceeding three in number drawn by a motor vehicle used by municipalities for the removal of domestic and commercial refuse and street rubbish, but such combination of vehicles shall not exceed a total length of 50 feet inclusive of front and rear bumpers. Provided further, that the said limitation that no combination of vehicles coupled together shall consist of more than two units shall not apply to a combination of vehicles coupled together by a saddle mount device used to transport motor vehicles in a driveway service when no more than three saddle mounts are used and provided further, that equipment used in said combination is approved by the safety regulations of the Federal Highway Administration and the safety rules of the Department of Crime Control and Public Safety.
  6. The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than three feet beyond the foremost part of the vehicle. Under this subsection "load" shall include the boom on a self-propelled vehicle. A utility pole carried by a self-propelled pole carrier may extend beyond the front overhang limit set in this subsection if the pole cannot be dismembered, the pole is less than 80 feet in length and does not extend more than 10 feet beyond the front bumper of the vehicle, and either of the following circumstances apply:
    1. It is daytime and the front of the extending load of poles is marked by a flag of the type required by G.S. 20-117 for certain rear overhangs.
    2. It is nighttime, operation of the vehicle is required to make emergency repairs to utility service, and the front of the extending load of poles is marked by a light of the type required by G.S. 20-117 for certain rear overhangs. As used in this subsection, a "self- propelled pole carrier" is a vehicle designed to carry a pole on the side of the vehicle at a height of at least five feet when measured from the bottom of the brace used to carry the pole. A self-propelled pole carrier may not tow another vehicle when carrying a pole that extends beyond the front overhang limit set in this subsection.
    1. No vehicle shall be driven or moved on any highway unless the vehicle is constructed and loaded to prevent any of its load from falling, blowing, dropping, sifting, leaking, or otherwise escaping therefrom, and the vehicle shall not contain any holes, cracks, or openings through which any of its load may escape. However, sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled, dumped, or spread on a roadway in cleaning or maintaining the roadway. For purposes of this subsection, load does not include water accumulated from precipitation.
    2. A truck, trailer, or other vehicle licensed for more than 7,500 pounds gross vehicle weight that is loaded with rock, gravel, stone, or any other similar substance, other than sand, that could fall, blow, leak, sift, or drop shall not be driven or moved on any highway unless:
      1. The height of the load against all four walls does not extend above a horizontal line six inches below their tops when loaded at the loading point; and
      2. The load is securely covered by tarpaulin or some other suitable covering to prevent any of its load from falling, dropping, sifting, leaking, blowing, or otherwise escaping therefrom.
    3. A truck, trailer, or other vehicle:
      1. Licensed for any gross vehicle weight and loaded with sand; or
      2. Licensed for 7,500 pounds or less gross vehicle weight and loaded with rock, gravel, stone, or any other similar substance that could fall, blow, leak, sift, or drop; shall not be driven or moved on any highway unless:
        1. The height of the load against all four walls does not extend above a horizontal line six inches below the top when loaded at the loading point;
        2. The load is securely covered by tarpaulin or some other suitable covering; or
        3. The vehicle is constructed to prevent any of its load from falling, dropping, sifting, leaking, blowing, or otherwise escaping therefrom.
    4. This section shall not be applicable to or in any manner restrict the transportation of seed cotton, poultry or livestock, or silage or other feed grain used in the feeding of poultry or livestock.
  7. Whenever there exist two highways of the State highway system of approximately the same distance between two or more points, the Department of Transportation may, when in the opinion of the Department of Transportation, based upon engineering and traffic investigation, safety will be promoted or the public interest will be served, designate one of the highways the "truck route" between those points, and to prohibit the use of the other highway by heavy trucks or other vehicles of a gross vehicle weight or axle load limit in excess of a designated maximum. In such instances the highways selected for heavy vehicle traffic shall be designated as "truck routes" by signs conspicuously posted, and the highways upon which heavy vehicle traffic is prohibited shall likewise be designated by signs conspicuously posted showing the maximum gross vehicle weight or axle load limits authorized for those highways. The operation of any vehicle whose gross vehicle weight or axle load exceeds the maximum limits shown on signs over the posted highway shall constitute a Class 2 misdemeanor:
    Provided, that nothing in this subsection shall prohibit a truck or other motor vehicle whose gross vehicle weight or axle load exceeds that prescribed for those highways from using them when its destination is located solely upon that highway, road or street: Provided, further, that nothing in this subsection shall prohibit passenger vehicles or other light vehicles from using any highways designated for heavy truck traffic.
  8. Repealed by Session Laws 1973, c. 1330, s. 39.
  9. Self-propelled grain combines or other farm equipment self- propelled, pulled or otherwise, not exceeding 18 feet in width may be operated on any highway, except a highway or section of highway that is a part of the National System of Interstate and Defense Highways: Provided that all such combines or equipment which exceed 10 feet in width may be so operated only under the following conditions:
    1. Said equipment may only be so operated during daylight hours; and
    2. Said equipment must display a red flag on front and rear, said flags shall not be smaller than three feet wide and four feet long and be attached to a stick, pole, staff, etc., not less than four feet long and shall be so attached to said equipment as to be visible from both directions at all times while being operated on the public highway for not less than 300 feet; and
    3. Equipment covered by this section, which by necessity must travel more than 10 miles or where by nature of the terrain or obstacles the flags referred to in subdivision (2) are not visible from both directions for 300 feet at any point along the proposed route, must be preceded at a distance of 300 feet and followed at a distance of 300 feet by a flagman in a vehicle having mounted thereon an appropriate warning light or flag. No flagman in a vehicle shall be required pursuant to this subdivision if the equipment is being moved under its own power or on a trailer from any field to another field, or from the normal place of storage of the vehicle to any field, for no more than ten miles and if visible from both directions for 300 feet at any point along the proposed route.
    4. Every such piece of equipment so operated shall operate to the right of the center line when meeting traffic coming from the opposite direction and at all other times when possible and practical.
    5. Violation of this section shall not constitute negligence per se.
    6. When said equipment is causing a delay in traffic, the operator of said equipment shall move the equipment off the paved portion of the highway at the nearest practical location until the vehicles following said equipment have passed.
  10. Nothing in this section shall be construed to prevent the operation of passenger buses having an overall width of 102 inches, exclusive of safety equipment, upon the highways of this State which are 20 feet or wider and that are designated as the State primary system, or as municipal streets, when, and not until, the federal law and regulations thereunder permit the operation of passenger buses having a width of 102 inches or wider on the National System of Interstate and Defense Highways.

North Dakota: North Dakota Highway Patrol, Motor Carrier Division, Bismarck, ND. 701-328-2455.

39-21-44.1.  Vehicle to be constructed to prevent sifting or leaking loads.

No vehicle may be driven or moved on any highway unless it is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.  No person may operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent said covering of load from becoming loose, detached or in any manner a hazard to other users of the highway.

Ohio: State Highway Patrol, Columbus, OH. 614-466-4056.

§4513.31 All loads to be properly secured.

No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, loaded, or covered as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand or other substances may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.

Except for a farm vehicle used to transport agricultural produce or agricultural production materials or a rubbish vehicle in the process of acquiring its load, no vehicle loaded with garbage, swill, cans, bottles, waste paper, ashes, refuse, trash, rubbish, waste, wire, paper, cartons, boxes, glass, solid waste or any other material of an unsanitary nature that is susceptible to blowing or bouncing from a moving vehicle shall be driven or moved on any highway unless the load is covered with a sufficient cover to prevent the load or any part of the load from spilling onto the highway.

Whoever violates this section shall be punished as provided in section 4513.99 of the Revised Code.

§ 4513.99. Penalties.
(A) Any violation of section 4513.03, 4513.04, 4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.10, 4513.11, 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171, 4513.18, 4513.182, 4513.19, 4513.20, 4513.201, 4513.202, 4513.21, 4513.22, 4513.23, 4513.24, 4513.242, 4513.25, 4513.26, 4513.27, 4513.28, 4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code shall be punished under division (B) of this section.

(B)  Whoever violates the sections of this chapter that are specifically required to be punished under this division, or any provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of the Revised Code for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree. 

Oklahoma: Department of Public Safety, Oklahoma City, OK. 405-425-2206.

47-14-105

  1. No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, blowing or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining such roadway.
  2. No person shall operate on any highway any vehicle with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached or in any manner a hazard to other users of the highway. Any vehicle loaded with sand, cinders, or other loose material susceptible to blowing or otherwise escaping shall have such load covered so as to prevent the blowing or escaping of said load from the vehicle.
  3. This section shall not apply to trucks loaded with livestock, poultry or agricultural products only except baled agricultural products, provided that any such truck shall be so constructed or loaded as to prevent such livestock or poultry from escaping therefrom.

Oregon: Public Utility Commission, Salem, OR. 503-378-5835.

Section 818.300. Operating with sifting or leaking load; civil liability; penalty.

  1. A person commits the offense of operating with a sifting or leaking load if the person does any of the following:
    1. Drives or moves on a highway any vehicle or combination of vehicles that is so constructed or loaded so as to allow its contents to drop, sift, leak or otherwise escape therefrom.
    2. Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination of vehicles is so constructed or loaded so as to allow its contents to drop, sift, leak or otherwise escape therefrom.
  2. The application of this section is subject to the exemptions from this section established under ORS 818.310.
  3. Violation of the offense described in this section is subject to civil liability under ORS 818.410.
  4. The offense described in this section operating with a sifting or leaking load, is a Class B traffic infraction.
Exemptions from prohibition on sifting and leaking load.

This section establishes exemptions from ORS 818.300. The exemptions under this section are in addition to any exemptions under ORS 801.026. Exemptions are partial or complete as described in the following:
  1. ORS 818.300 does not apply on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554.
  2. ORS 818.300 does not apply to any road or thoroughfare or property in private ownership or any road or thoroughfare, other than a state highway or county road, used pursuant to any agreement with any agency of the United States or with a license of such agency or both.
  3. Operations authorized under the terms of a permit issued under ORS 818.230 are subject to the terms of the permit. It is a defense to any charge of violation of ORS 818.300 if the person so charged produces a permit issued under ORS 818.230 authorizing the operation of the vehicle or combination of vehicles issued prior to and valid at the time of the offense.

Pennsylvania: Department of Transportation, Harrisburg, PA. 717-787-7445.

§ 4903. Securing loads in vehicles.

  1. General rule.--No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping.
  2. Fastening load.--Every load on a vehicle shall be fastened so as to prevent the load or covering from becoming loose, detached or in any manner a hazard to other users of the highway.
  3. Load of logs.--
    1. Every load of logs on a vehicle shall be securely fastened with binders, chains or straps and, in the case of an open-body or stake-body vehicle, trailer or semitrailer there shall be a sufficient number of vertical metal stakes or posts securely attached on each side of the vehicle, trailer or semitrailer at least as high as the top of the load to secure such load in the event of a failure of the binders, chains or straps.
    2. A load of logs which are greater than six feet in length must be secured by three binders for each stack of logs, except that, if the stacks are tiered so that one stack rests upon the bottom stack or stacks, a total of three binders is necessary for that tiered combination.
    3. A load of logs which are six feet or less in length must be secured by two binders for each stack of logs, except that, if the stacks are tiered so that one stack rests upon the bottom stack or stacks, a total of three binders is necessary for that tiered combination.
    4. A tiered combination which includes logs which are greater than six feet and logs which are six feet or less shall be governed by paragraph (2).

      (c.1) Load of loose garbage.--Every load of loose, nonbaled garbage, waste, refuse or rubbish being transported through or within this Commonwealth shall be transported in a vehicle with four solid sides and with a cover or top of a type to prevent any of the load from escaping. The cover or top shall remain tightly in place going to a disposal site. The load shall be no higher than the solid sides of the vehicle. It is imperative that all garbage, waste, refuse or rubbish be removed from the vehicle at the disposal site to prevent any scattering of litter on the highway during the return trip. No truck, trailer or semitrailer with an open body or stake body shall be used for such purposes. This subsection shall not apply to vehicles engaged in the systematic collection of garbage or refuse and which are designed to be open in the rear for the loading of garbage or refuse.

      (c.2) Load of baled garbage.--Garbage, waste, refuse or rubbish in a tightly compacted and baled form being transported through or within this Commonwealth shall be securely fastened to the vehicle and covered over all exposed areas with a canvas cover or cover of a comparable type which shall be securely attached to the underside of all sides of the truck, trailer or semitrailer to prevent any of the material from the bales from escaping. No part of any bale shall be uncovered, except for inspection, at any time during transportation within or through this Commonwealth until arrival at the disposal site.

      (c.3) Removal of debris.--The owner of a vehicle from which dirt, debris or an agricultural product has fallen on any highway is responsible for removing that dirt, debris or agricultural product within a reasonable time.
  4. Establishment of standards for fastening devices.—The department may promulgate regulations establishing minimum standards governing types and numbers of devices to be used in securing loads to prevent spillage and leakage of a load while in transit.
  5. Exceptions.--This section does not prohibit:
    1. [the necessary spreading of any substance in highway maintenance or construction operations] dropping sand, abrasives, chemicals or other materials to improve traction;
      (1.1) spreading water or other substance to construct, clean or maintain a highway; or
    2. [the] shedding or dropping [of] feathers or other matter from vehicles hauling live or slaughtered birds or animals.
  6. Penalty for violation of subsection (a), (b) or (c).—A person who owns or who operates a vehicle in violation of subsection (a), (b) or (c) and, as a result of the violation, any item, piece, fragment or part of the load escapes and causes injury to a person or damage to another vehicle or other property commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than [$300] $500 nor more than [$1,000] $3,000. A violation of subsection (a), (b) or (c) which does not result in injury to a person or damage to another vehicle or other property constitutes a summary offense, punishable by a fine of not less than $100 nor more than $300.
  7. Penalty for violation of subsection (c.1) or (c.2).—A person who owns or who operates a vehicle in violation of subsection (c.1) or (c.2) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than [$300] $500 nor more than [$1,000] $3,000. Notwithstanding the provisions of 42 Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines, etc.) and 3573 (relating to municipal corporation portion of fines, etc.), disposition of any fine collected for a violation of subsection (c.1) or (c.2) shall be as follows:
    1. Unless paragraph (2) applies, the fine collected shall be paid to the Commonwealth for deposit into the Motor License Fund.
    2. If the county where the offense was committed has a litter control program approved by the department, 50% of the fine collected shall be paid to the county for expenditure in the approved litter control program; and 50% of the fine collected shall be paid to the Commonwealth for deposit into the Motor License Fund.
§ 4903.1. Loose material.
  1. Carrying loose material.--A person may not, in violation of this section, carry any loose material in any vehicle on or across any highway in this Commonwealth.
  2. Loading loose material.--A person may not, in violation of this section, load any loose material for carrying in any vehicle on or across any highway in this Commonwealth.
  3. Enclosures generally.--
    1. Subject to the provisions of subsection (d), the bed the vehicle carrying a load of loose material shall be fully enclosed:
      1. On both sides, by sideboards or sidepanels.
      2. On the front, by a board or panel or by the cab of the vehicle.
      3. On the rear, by a tailgate, board or panel.
      1. The enclosures required by paragraph (1) shall be constructed so as to prevent any part of the load from blowing, falling or spilling out of the vehicle.
      2. No part of the load touching any of these enclosures may be within six inches of the top of the part of the enclosure that it touches, unless the load is covered with a firmly secured canvas or similar type covering.
      3. If the vehicle manufacturer's original design specifications for bed enclosures have been altered to increase the vehicle's load capacity, no part of the load touching any of these enclosures may be within six inches of the top of the part of the enclosure that it touches and the highest point of the load may not be higher than any of these enclosures, unless the load is covered with a canvas or other type cover approved by the department that is secured as provided in paragraph (3).
    2. This subsection does not apply to:
      1. any load-carrying vehicle with a compartment that fully encloses the load; or
      2. a vehicle in which the load is suitably covered or secured by other means that prevent the escape of the loose material.
  4. Canvas enclosures.--
    1. A vehicle carrying a load of loose material shall have its bed fully enclosed on the top by a canvas or other type cover approved by the department.
    2. Any cover required under this section shall besecured in a manner to prevent:
      1. Any part of the load from blowing, falling orspilling out of the vehicle.
      2. The cover from blowing off the vehicle
  5. Removal of spillage; securing tailgate; maintenance of bed.--
    1. This subsection does not apply to any construction vehicle or mining equipment that:
      1. is moving between construction barricades on a public works project; or
      2. only is crossing a highway.
    2. A vehicle used for carrying loose material may not be operated on any highway unless:
      1. All spillage from loading loose material is removed from the nonload-carrying parts of the vehicle.
      2. Whether the vehicle is loaded or empty, the tailgate is closed securely to prevent spillage of a load or of any residue.
      3. The bed does not have any holes, cracks or openings through which loose material can escape.
      4. After unloading loose material, all residue is removed from the nonload- carrying parts of the vehicle.
  6. Definition.--As used in this section, the term "loose material" includes:
    1. Dirt, sand, gravel, wood chips or other material that can blow, fall or spill from a vehicle as a result of movement or of exposure to air, wind or weather.
    2. Any other kind of material that can blow, fall or spill as specified in rules and regulations adopted by the department. The term does not include agricultural products, including sod, in their natural state.

Rhode Island: State Police Truck Squad, North Scituate, RI. 404-222-2970.

§ 31-25-9 Prevention of leakage of load

No vehicles shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from it. However, sand may be dropped for the purpose of securing traction, or water or another substance may be sprinkled on a roadway in cleaning or maintaining the roadway. Violations of this section are subject to fines enumerated in § 31-41.1-4. §

31-25-10 Fastening of load and covering

  1. No person shall operate on any highway any vehicle with any load unless the load and any covering on it is securely fastened so as to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
  2. No motor truck trailer or semitrailer which is used for the purpose of hauling logs, pulpwood, lumber, or other materials which by their very nature may shift or roll so as to be likely to fall from the vehicle, shall be operated or moved over any highway unless its load is securely fastened to the vehicle by chains, cables, or other approved devices as will effectively prevent the shifting of the load or any part of it falling from the vehicle. The ends of the chains, cables, or other devices and any tire chains shall be tied securely, whether the vehicle is loaded or unloaded, so that loose ends shall not endanger pedestrians or other vehicles encountered on the highway.
  3. This section shall not be construed to include a truck transporting lumber, wood, or sawmill wastes, when transported in a box type body with solid sides, provided that the truck is not loaded higher than its side-boards.
  4. A person who violates the provisions of this section shall be fined:
    1. Not more than one hundred dollars ($100) for the first violation; and
    2. Not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for any subsequent violations.
  5. No person shall operate a motor truck or other vehicle carrying or transporting any rubbish, refuse, or other debris on any highway without first securely fastening a covering on it to prevent the contents from falling to the highway. No person shall operate on any highway any vehicle with any load unless the load and any covering on it is securely fastened so as to prevent that covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
  6. No person shall operate an open motor truck or other similar vehicle while carrying or transporting any child under sixteen (16) years of age without securely fastening the child to prevent them from becoming loose or detached in any manner.

South Carolina: Public Service Commission, Columbia, SC. 803-737-5175.

SECTION 56-5-4100. Preventing escape of materials loaded on vehicles; cleaning the highways of escaped substances or cargo.

  1. No vehicle may be driven or moved on any public highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from the vehicle, except that sand, salt, or other chemicals may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in the cleaning or maintaining of the roadway by the public authority having jurisdiction.
  2. Trucks, trailers, or other vehicles when loaded with rock, gravel, stone, or other similar substances which could blow, leak, sift, or drop must not be driven or moved on any highway unless the height of the load against all four walls does not extend above a horizontal line six inches below their tops when loaded at the loading point; or, if the load is not level, unless the height of the sides of the load against all four walls does not extend above a horizontal line six inches below their tops, and the highest point of the load does not extend above their tops, when loaded at the loading point; or, if not so loaded, unless the load is securely covered by tarpaulin or some other suitable covering; or unless it is otherwise constructed so as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping from the vehicle. This subsection also includes the transportation of garbage or waste materials to locations for refuse in this State.
  3. The loader of the vehicle and the driver of the vehicle, in addition to complying with the other provisions of this section, shall sweep or otherwise remove any loose gravel or similar material from the running boards, fenders, bumpers, or other similar exterior portions of the vehicle before it is moved on a public highway.
  4. Any person operating a vehicle from which any substances or cargo, excluding water, have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon the public highway, shall make every reasonable effort to immediately cause the public highway to be cleaned of all substances and shall pay any costs for the cleaning.

    If the person does not make every reasonable effort to clean the public highway promptly, the Department of Transportation or any law enforcement officer may, without the consent of the owner or carrier of the substance or cargo, remove or have removed the substance from the public highway if the substance or cargo is blocking the public highway or endangering public safety. The State, its political subdivisions, and their officers and employees are not liable for any damages to the substance or cargo that may result from the removal or the disposal of the substance or cargo unless the removal or disposal was carried out recklessly or in a grossly negligent manner. The State, its political subdivisions, and their officers and employees are not liable for any damages or claims of damages that may result from the failure to exercise any authority granted under this section. The owner, driver of the vehicle, or motor carrier of the substance or cargo removed under this subsection shall bear all reasonable costs of its removal and subsequent storage or disposition.

    Nothing in this section bars a claim for damages.
  5. Any person who violates the provisions of subsections (B), (C), or (D), is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars.
  6. The provisions contained in subsections (A), (B), and (C) are not applicable to and do not restrict the transportation of seed cotton, soybeans, tobacco, poultry, livestock or silage, or other feed grain used in the feeding of poultry or livestock or of paper, wastepaper utilized for the manufacture of industrial products, paper products, forest products, or textile products.
SECTION 56-5-4110. Loads and covers thereon shall be firmly attached.

No person shall operate on any highway any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.

South Dakota: Highway Patrol, Pierre, SD. 605-773-3105.

SDCL 32-15-18.  Improperly Loaded Vehicle Unlawful.

No person may drive or move any vehicle on any highway unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom.  A violation of this section is a Class 2 misdemeanor.

Tennessee: Department of Safety, Nashville, TN. 615-251-5216.

39-14-501. Definitions for litter control. As used in this part, unless the context otherwise requires:

  1. "Garbage" includes putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food;
  2. "Litter" includes garbage, refuse, rubbish and all other waste material;
  3. "Refuse" includes all putrescible and nonputrescible solid waste; and
  4. "Rubbish" includes nonputrescible solid waste consisting of both combustible and non-combustible waste. [Acts 1989, ch. 591, §1.]

39-14-502. Criminal littering - Penalty.

    1. A person commits criminal littering who:
      1. Knowingly places, drops or throws litter on any public or private property without permission and does not immediately remove it;
      2. Negligently places or throws glass or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet (50') of a public highway; or
      3. Negligently discharges sewage, minerals, oil products or litter into any public waters or lakes within this state.
    2. Nothing in subdivision (a)(1) shall be construed to prevent prosecution or conviction under other applicable laws.
  1. Criminal littering is a Class A misdemeanor punishable only as provided in subsection (c).
    1. (1) For conviction of a first offense, a person violating the provisions of this section shall be fined five hundred dollars ($500) and be required to remove litter from the state or local highway system, public playgrounds, public parks or other appropriate public locations for not less than forty (40) hours nor more than six (6) months. For conviction of a second or subsequent offense, a person violating the provisions of this section shall be fined one thousand five hundred dollars ($1,500) and be required to remove litter from the state or local highway system, public playgrounds, public parks or other appropriate public locations for not less than eighty (80) hours nor more than six (6) months.
    2. In addition to the mandatory minimum penalties established in subdivision (c)(1), the court may in its discretion require a person convicted under this part to:
      1. Remove any substance listed under subsection (a) that was dropped, placed or discharged by the person and restore the property or waters damaged by the littering to its former condition at the person's expense; and
      2. Work in a recycling center or other appropriate location for any stated period of time not to exceed six (6) months.
    1. Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the mandatory fines collected under the provisions of subsection (c).
    2. The proceeds from the mandatory fines for criminal littering shall be collected by the respective court clerks and then deposited in a dedicated county fund. Such fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the litter enforcement rewards established in subdivision (d)(1).
    3. Each county shall expend the funds generated by the mandatory fines provided for in this section by appropriation for the litter enforcement rewards. Excess funds, if any, may be expended for other litter control programs on adoption of an appropriate resolution by the county legislative body.
  2. [Deleted by 2005 amendment.]
    [Acts 1989, ch. 591, § 1; 1990, ch. 900, §§ 1, 2; 1998, ch. 680, § 1; 2005, ch. 214, § 1.]

39-14-503. Hauling litter.

    1. Any motor vehicle, which transports litter, as defined in § 39-14-501, or any material likely to fall or be blown off onto the highways, shall be required to have such material either in an enclosed space or fully covered by a tarpaulin.
    2. If such motor vehicle is a non-commercial, not-for-hire pickup truck, the provisions of this subsection (a) shall be construed to be complied with if the material on such non- commercial, not-for-hire pickup truck is secured in such a way as to reasonably ensure it will not fall or be blown off the vehicle.
    3. All other pickup trucks and other motor vehicles are required to comply with the provisions of subdivision (a)(1).
    4. Any motor vehicle having a gross weight of less than sixteen thousand pounds (16,000 lbs.) which is transporting litter, as defined in § 39-14-501, to an energy recovery facility, as defined in § 68-211-501(2), shall be required to have such material in an enclosed space, unless it is a motor vehicle with a factory installed hydraulic lift system that lifts the entire bed of the truck.
    5. The provisions of this subsection (a) do not apply to motor vehicles transporting recovered materials to a convenience center or scrap dealer for recycling.
    6. The provisions of this section shall not apply to motor vehicles which transport crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate muck, asphalt, concrete, other building materials, forest products, unfinished lumber, agricultural lime and agricultural products, and which are loaded in compliance with the four inch (4") requirement of § 55-7-109. Such exemption shall not apply to any load if any law enforcement officer sees any part of such material blowing off such vehicle. The provisions of this section shall also not apply to motor vehicles which transport farm produce going to market, or from field to field, or from field to storage.
  1. A violation of this section is a Class B misdemeanor. In addition to the penalty for such misdemeanor, the court may in its discretion impose any of the penalties set forth in § 39-14-502(c).

Texas: Department of Public Safety, Austin, TX. 512-424-2051.

Sec. 725.001. DEFINITIONS. In this chapter:

  1. "Load" means a load of loose material.
  2. "Loose material" means material that can be blown or spilled from a vehicle because of movement or exposure to air, wind currents, or other weather. The term includes dirt, sand, gravel, and wood chips but excludes an agricultural product in its natural state.
  3. "Motor vehicle" has the meaning assigned by Section 621.001.
  4. "Public highway" includes a public road or street.
  5. "Semitrailer" has the meaning assigned by Section 621.001.
  6. "Trailer" has the meaning assigned by Section 621.001.
  7. "Vehicle" has the meaning assigned by Section 621.001.
    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 725.002. APPLICABILITY. This chapter applies to any motor vehicle, trailer, or semitrailer operated on a public highway except:
  1. a vehicle or construction or mining equipment that is:
    1. moving between construction barricades on a public works project; or
    2. crossing a public highway; or
  2. a vehicle that is operated at a speed less than 30 miles per hour.
    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 725.003. OFFENSE; PENALTY.
  1. A person or the person's agent or employee may not load or transport loose material in violation of this chapter.
  2. A person, excluding this state or a political subdivision of this state but including an agent or employee of this state or a political subdivision of this state, commits an offense if the person violates Subsection (a).
  3. An offense under this section is a misdemeanor punishable by a fine of:
    1. not less than $25 or more than $200 for a first conviction; and
    2. not less than $200 or more than $500 for a second or subsequent conviction.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. REQUIREMENTS FOR TRANSPORTING LOOSE MATERIALS
Sec. 725.021. CONTAINING LOOSE MATERIALS.
  1. A vehicle subject to this chapter shall be equipped and maintained as required by this section to prevent loose material from escaping by blowing or spilling.
  2. A vehicle bed carrying a load:
    1. may not have a hole, crack, or other opening through which loose material can escape; and
    2. shall be enclosed:
      1. on both sides by side panels;
      2. on the front by a panel or the vehicle cab; and
      3. on the rear by a tailgate or panel.
  3. The load shall be covered and the covering firmly secured at the front and back, unless the load:
    1. is completely enclosed by the load-carrying compartment; or
    2. does not blow or spill over the top of the load-carrying compartment.
  4. The tailgate of the vehicle shall be securely closed to prevent spillage during transportation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 725.022. MAINTAINING NON-LOAD-CARRYING VEHICLE PARTS.
  1. Loose material that is spilled because of loading on a vehicle part that does not carry the load shall be removed before the vehicle is operated on a public highway.
  2. After the vehicle is unloaded and before the vehicle is operated on a public highway, residue of transported loose material on a vehicle part that does not carry the load shall be removed from the vehicle part.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Utah: Department of Transportation, Salt Lake City, UT. 801-965-4559.

72-7-409. Loads on vehicles -- Limitations -- Confining, securing, and fastening load required -- Penalty.

  1. As used in this section:
    1. "Agricultural product" means any raw product which is derived from agriculture, including silage, hay, straw, grain, manure, and other similar product.
    2. "Vehicle" has the same meaning set forth in Section 41-1a-102.
  2. A vehicle may not be operated or moved on any highway unless the vehicle is constructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwise escaping.
    1. In addition to the requirements under Subsection (2), a vehicle carrying dirt, sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or scrap metal shall have a covering over the entire load unless:
      1. the highest point of the load does not extend above the top of any exterior wall or sideboard of the cargo compartment of the vehicle; and
      2. the outer edges of the load are at least six inches below the top inside edges of the exterior walls or sideboards of the cargo compartment of the vehicle.
    2. The following material is exempt from the provisions of Subsection (3)(a):
      1. hot mix asphalt;
      2. construction debris or scrap metal if the debris or scrap metal is a size and in a form not susceptible to being blown out of the vehicle;
      3. material being transported across a highway between two parcels of property that would be contiguous but for the highway that is being crossed; and
      4. material listed under Subsection (3)(a) that is enclosed on all sides by containers, bags, or packaging.
    3. A chemical substance capable of coating or bonding a load so that the load is confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long as the chemical substance remains effective at confining the load.
  3. Subsections (2) and (3) do not apply to a vehicle or implement of husbandry carrying an agricultural product, if the agricultural product is:
    1. being transported in a manner which is not a hazard or a potential hazard to the safe operation of the vehicle or to other highway users; and
    2. loaded in a manner that only allows minimal spillage.
    1. An authorized vehicle performing snow removal services on a highway is exempt from the requirements of this section if the vehicle's load is screened to a particle size established by a rule of the department.
    2. This section does not prohibit the necessary spreading of any substance connected with highway maintenance, construction, securing traction, or snow removal.
  4. A person may not operate a vehicle with a load on any highway unless the load and any load covering is fastened, secured, and confined to prevent the covering or load from becoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to other highway users.
  5. Before entering a highway, the operator of a vehicle carrying any material listed under Subsection (3), shall remove all loose material on any portion of the vehicle not designed to carry the material.
  6. Any person who violates this section is guilty of a class B misdemeanor.
Amended by Chapter 224, 1998 General Session
Renumbered and Amended by Chapter 270, 1998 General Session

Vermont: Department of Transportation, Motor Carrier Safety, Montpelier, VT. 802-828-2078.

T. 23, Section 1454. Securing loads; penalty.

  1. A person shall not operate a motor vehicle nor draw a trailer or semi-trailer on a highway unless the motor vehicle, trailer or semi-trailer is so constructed and loaded that it will create no hazard to other users of the highway.

Virginia: Department of State Police, Richmond, VA. 804-674-2000.

§ 46.2-1156. Construction, maintenance and loading must prevent escape of contents; load covers; exemptions.

  1. No vehicle shall be operated or moved on any highway unless it is so constructed, maintained, and loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping. No provision of this section, however, shall apply to any (i) motor vehicle that is used exclusively for agricultural purposes as provided in § 46.2-698 and is not licensed in any other state; (ii) agricultural vehicle, tractor, or other vehicle exempted from registration and licensing requirements pursuant to Article 6 (§ 46.2-662 et seq.) of Chapter 6 of this title; or (iii) motor vehicle transporting forest products, poultry, or livestock.
  2. The loads of all trucks, trailers and semi trailers carrying gravel, sand, coal or other nonagricultural and non-forestry products on interstate, primary, or secondary highways or roads maintained by cities, counties or incorporated towns shall be either (i) secured to the vehicle in which they are being transported or (ii) covered. Covers used to prevent the escape of material from commercial vehicles used to transport solid waste shall be of such design, installation, and construction as to contain the vehicle's cargo within the vehicle, regardless of the vehicle's speed or weather conditions. Public service company vehicles, pickup trucks, and emergency snow removal equipment while engaged in snow removal operations shall be excluded from the provisions of this subsection.
(Code 1950, § 46-307; 1958, c. 541, §§ 46.1-303, 46.1-401; 1975, c. 553; 1979, c. 213; 1980, c. 21; 1986, c. 639; 1988, cc. 662, 897; 1989, cc. 526, 727; 1992, c. 149; 1997, c. 283; 2001, c. 180.)

Washington: State Highway Patrol, Olympia, WA. 360-766-6196.

RCW 46.61.655
Dropping load, other materials — Covering.

  1. No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction.
  2. No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
  3. Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.
    1. Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.
    2. Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.
  4. The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.
  5. Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.
      1. A person is guilty of failure to secure a load in the first degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section and causes substantial bodily harm to another.
      2. Failure to secure a load in the first degree is a gross misdemeanor.
      1. A person is guilty of failure to secure a load in the second degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1) or (2) of this section and causes damage to property of another.
      2. Failure to secure a load in the second degree is a misdemeanor.
    1. A person who fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section is guilty of an infraction if such failure does not amount to a violation of (a) or (b) of this subsection.

West Virginia: Public Service Commission, Charleston, WV. 304-766-2100.

Section 17C-17-6.  Loads to be securely fastened and not allowed to leak, escape, etc.

  1. No vehicle or combination of vehicles shall be operated on any highway unless such vehicle or combination of vehicles is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
  2. It shall be unlawful to operate on any highway any vehicle or combination of vehicles with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.
§17C-17A-5(i)
(i) Any vehicle or combination of vehicles transporting coal pursuant to the provisions of this article shall be securely covered to prevent the escape of the load on any trip exceeding a total distance of one mile on any public highway.

Wisconsin: Division of State Patrol, Madison, WI. 608-266- 3212.

348.10, Section 2. Special limitations on load.

(2) No person shall operate a vehicle on a highway unless such vehicle is so constructed and loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.

346.94, Section 7. Spilling loads of waste or foreign matter.

(7) The operator of every vehicle transporting waste or foreign matter on the highways of this State shall provide adequate facilities to prevent such waste or foreign matter from spilling on or along the highways.

Wyoming: Wyoming Highway Patrol, Port of Entry Station, Cheyenne, WY. 307-777-4317.

31-5-228.  Loads on Vehicles.

No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom.  This section does not prohibit the necessary spreading of any substance in highway maintenance of construction operations.

 

*Federal tarping regulations: www.fmcsa.dot.gov section 392.9 & 393.100 


 




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