Evidently, under South Carolina law any vehicle that displays “any sticker, decal, emblem or other device containing obscene or indecent words, photographs or depictions,” violates the law to the extent that it “describes, in a patently offensive way, as determined by contemporary community standards... parts of the human body” and “lacks serious literary, artistic, political or scientific value.” So if you want to drive around South Carolina with a copy of Gray's Anatomy in your rear window, open to the testicle section, that might be o.k.
I've been in locker rooms and stood at urinals next to men of all ages, races, statures and dispositions and the number of softball size testicles I've seen I can count on one hand, minus the thumb. I don't care what color they are, a pair of softball-sized jewels draped from a trailer hitch might be offensive, but they most certainly are not anatomically correct.
Besides, if they were anatomically correct they'd have shot up inside the chassis when the truck hit a pothole. In other testicular vehicular news, the putative obscenity of TruckNutz (one of a few competing brands in the rear-bumper-fake-ball industry) will be tested in court by one Virginia Time, a 65-year-old South Carolina woman who is fighting a $445 ticket she received for displaying a pair on her pickup last summer.
When it comes to displaying objectionable material on one's mode of transport, I come down on the side of free expression, no matter who it offends. But then you might guess that if you saw the bumper sticker on my Subaru that says, “Read an finding book,” only without the hyphens.
If one hadn't ought to display softball-sized rubber balls on the back of one's truck, then this dog needs to wear pants. If I spot a naked dog with softball-sized testicles, I'll just quietly report the owner to the authorities.
But discretion is the better part of wisdom and if I see a pair of truck nuts, I'll honk, point and cheer. Regardless of why, I just can’t get enough of the phenomenon of people affixing plastic testicles to their motor vehicles.
Obviously, I think people should be free to do pretty much whatever they want when it comes to decorating their vehicles. Her story is making news, because she’s secured a jury trial to protest the ticket.
So, for those playing along at home, South Carolina will defend to the death your right to display the Confederate Flag, the symbol of a regime committed to slavery and racial oppression, but plastic testicles is a bridge too far. “She’s such a sweet lady, and she just says ‘I don’t want to pay the fine.’ We’ll let a jury decide whether this is really criminal behavior.
He says whether it’s good or bad, his pair of chrome truck ornaments is driving a heated debate…. “Genitalia is offensive,” says .
Or does he just sit in the bath, looking at his junk, thinking, “This is so disgusting and offensive, I wish I could cut these obscene, unholy genitals right off my body”? As for his daughter, I mean, if the worst thing your little girl is exposed to in this day and age is plastic or chrome nuts, then I think she’s pretty well sheltered.
A rather broader ban on bumper stickers containing “profane or lewd words describing sexual acts, excretory functions, or parts of the human body” was struck down in 1991 by the Georgia Supreme Court. And I would quibble with the suggestion that truck nuts contribute nothing of “scientific value.” Young girls all across South Carolina need to learn the difference between a man’s testicles versus a plastic or chrome decoration.
When Bonnet, South Carolina resident Virginia Time adorned her pickup's trailer hitch with truck nuts, ” chances are she didn't see herself fighting for the right of plastic testicle lovers everywhere. A recipient of a $445 ticket, the 65-year-old woman is challenging the application of SouthCarolina's obscene and indecent bumper sticker law to her beloved car ornament.
Besides the fact that SouthCarolina's statute is over broad because it does not define indecency as appealing to the prurient interest, one has to question whether truck nuts are even remotely sexually arousing. Truck nuts, also called truck nut, are vehicular vanity accessories resembling a dangling scrotum.
They are attached under the rear bumper or trailer hitch making them plainly visible to other vehicles behind. The earliest known commercial store-bought truck nuts appeared in the late 1990s but still remained a limited phenomenon.
The two men sold Trucks through the late 1990s and 2000s, competing both in the market and in private, exchanging angry phone calls and emails. This conflict escalated into public relations wars, social media conflicts, posts on review sites, blog attack posts, and finally leading to legal cease and desist orders.
In 2007, MarylandlegislatorLeRoy E. Myers Jr. proposed prohibiting motorists from “displaying anything resembling or depicting 'anatomically correct' or 'less than completely and opaquely covered' human or animal genitals, human buttocks or female breasts”. He said fake testicles were “vulgar and immoral,” and said his proposal was requested by an offended resident.
In Virginia in 2008, DelegateLionell Spill proposed Bill HE 1452 to prohibit truck owners from displaying or otherwise equipping their vehicles with devices resembling human genitalia. In April 2008, the Florida Senate voted for a $60 fine for displaying truck nuts, but it did not pass the House.
In 2011, a 65-year-old South Carolina woman was ticketed by the town's police chief for obscenity displaying truck nuts on her pickup. The case, originating in Bonnet, S.C. (population approximately 480), was pending jury trial on her $445 traffic ticket.
^ Blair, Zachary, “Junk in the Trunk: A Queer Exploration of Truck Nut as Contemporary Material Culture,” paper presented at Queertopia, Northwestern University Graduate Student Conference, Chicago, IL, 2009. “Balls Out: The Weird Story of the Great Truck Nuts War”.
“HE 1452 Display of offensive objects or devices; prohibited on any vehicle”. ^ “Hanging of Truck Nuts Grows into a Free Speech Debate”.
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. “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 it is of value.
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. 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 Sand may be dropped for the purpose of securing traction.
Second or subsequent violation in a sixty-month period, the person is subject to a civil penalty of up to three hundred fifty dollars. Arkansas State Highway and Transportation Department, Little Rock, AR.
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. 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 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).
Every vehicle used to transport aggregate materials, regardless of the degree to which the vehicle is loaded, shall be equipped with all the following: Properly functioning seals on any openings used to empty the load, including, but not limited to, bottom dump release gates and tailgates. 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.
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 Complete enclosures on all vertical sides of the cargo area, including, but not limited to, tailgates. Shed boards designed to prevent aggregate materials from being deposited on the vehicle body during top loading. Vehicles comprised of full rigid enclosures are exempt only from subparagraphs (C) and (F) of paragraph (2) of subdivision (b).
For purposes of this section, “aggregate material” means rock fragments, pebbles, sand, dirt, gravel, cobbles, crushed base, asphalt, and other similar materials. 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 Vehicles transporting loads composed entirely of asphalt material are exempt only from the provisions of this section requiring that loads be covered.
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. 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.
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. 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 fewer between the scale houses where the trucks carrying aggregate material are weighed and the point of egress to a public road.
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. 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.
(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. 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 The vehicle utilizes other technology that prevents the aggregate material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle.
(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.
© Any person who violates any provision of this section while driving or moving a car or pickup truck and thereby approximately 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.
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. 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: 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 rearview 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 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. 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.
Violation of any provision of this section shall be subject to a fine of five hundred dollars. 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.
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. 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.
(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, to fasten the load securely to the vehicle. 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.
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 unpinned cotton.
Any person who operates a vehicle in violation of this Code section shall be guilty of a misdemeanor. 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.
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. 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.
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. 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: For a first violation, by a fine of not less than $250 and not more than $500.
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. 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.
General Rules For Protection Against Shifting or Falling Cargo. 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.
Those devices must be strong enough and high enough to assure that cargo will not shift upon or fall from the vehicle. 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.
In addition, the vehicle must have as many additional tie down 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 tie down assemblies or by tonnage which is in contact with the cargo and is secured by tie down assemblies. 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.
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 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. Indiana State Police, Motor Carrier Division, Indianapolis, IN.
IC 8-2.1-24-18Compliance with federal motor carrier safety regulations (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.
Notwithstanding subsection (b), nonspecification bulk and nonbulk packaging, including cargo tank motor vehicles, may be used only if all the following conditions exist: The maximum capacity of the vehicle is less than three thousand five hundred (3,500) gallons. 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.
For the purpose of enforcing this section, only: a state police officer or state police motor carrier inspector who has successfully completed a course of instruction approved by the Federal Highway Administration; and maintains an acceptable competency level as established by the state police department; or An employee of a law enforcement agency who: before January 1, 1991, has successfully completed a course of instruction approved by the Federal Highway Administration; and 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.
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. 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.
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 the carrier vehicle is of a class that requires a commercial driver’s license: 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. 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: is not otherwise physically disqualified under Subpart 391.41 to operate a motor vehicle, whether 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; is free of severe hypoglycemia or hypoglycemia unawareness and has had less than one (1) documented, symptomatic hypoglycemic reaction per month; has demonstrated the ability and willingness to properly monitor and manage the driver’s diabetic condition; 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 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.
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.
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.
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. 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.
IC 9-21-8-48 Vehicles with contents escaping; prohibition from operation; exceptions Department of Transportation Motor Vehicles Enforcement, Des Moines, IA.
For applicable scheduled fine, see §805.8A, subsection 13, paragraph c. All trailers or semi-trailers used for hauling livestock shall be cleaned out periodically.
All trucks hauling coal on a fully controlled limited access highway shall be covered by a tarp or equivalent cover to prevent spillage. No vehicle shall be operated upon any highway unless it is so constructed as to prevent its contents from escaping.
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. 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.
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. 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.
The load on any vehicle shall be securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway. 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 to prevent the container from becoming loose, detached, or in any manner a hazard to other users of the highway.
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. 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.
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 all reasonable efforts to clear the way of that substance.
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 person may not place and allow remaining on a public way snow or slush that has not accumulated there naturally.
The Secretary of State may revoke or suspend the certificate of registration of a vehicle that is: Maryland State Police, Commercial Vehicle Division, Glen Burnie, MD.
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. 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.
The enclosures required by paragraph (1) of this subsection shall be constructed to prevent any part of the load from blowing, falling, or spilling out of the vehicle. 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.
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. This subsection does not apply to: Any load-carrying vehicle with a compartment that fully encloses the load; or A vehicle in which the load is suitably covered or secured by other means that prevent the escape of the loose material.
Canvas enclosures The provisions of this subsection do not apply to: Any Class K (farm area) vehicle as defined in § 13-935 of this article; 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; 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; Any construction vehicle or mining equipment while crossing a highway between construction or mining sites; 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 the enclosures required under subsection (d) (1) of this section; or 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 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.
Any cover required under this section shall be secured in a manner to prevent: Any part of the load from blowing, falling, or spilling out of the vehicle; and The cover from blowing off the vehicle. Removal of spillage; securing tailgate; maintenance of bed.- This subsection does not apply to any construction vehicle or mining equipment that: Is moving between construction barricades on a public works project; or Only is crossing a highway.
A vehicle used for carrying loose material may not be operated on any highway unless: All spillage from loading loose material is removed from the nonload-carrying parts of the vehicle; Whether the vehicle is loaded or empty, the tailgate is closed securely to prevent spillage of a load or of any residue; The bed does not have any holes, cracks, or openings through which loose material can escape; and After unloading loose material, all residue is removed from the nonload- carrying parts of the vehicle. Extension of exceptions.- 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.
(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.
The likely adverse impact that granting the extension will have on surrounding highways and motorist safety; and 3. The likely adverse impact of the cover requirement on construction costs and timely completion of the project.
Enclosure required.- A vehicle used to carry logs, poles, unfinished or fabricated 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. Fastening required.- A vehicle used to carry logs, poles, unfinished or fabricated 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.
As specified in Part 393.102 (b) (securement systems) of the federal Motor Carrier Safety Regulations. 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.
Michigan State Police Motor Carrier Division, Lansing, MI. 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.
Any highway maintenance vehicle engaged in either ice or snow removal shall be exempt from this section. A vehicle carrying a load, other than logs or tubular products, which is not completely enclosed shall meet either of the following requirements: 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. 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.
A person shall not operate a motor vehicle carrying logs or tubular products on a highway unless the following conditions are met: If the logs or tubular products are loaded crosswise 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. 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 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. 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: With 2 tie downs from frame to frame for every tier.
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: With 2 tie downs from frame to frame for every tier. 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: 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. Wire rope shall be of improved plow steel and not less than 3/8 inch in diameter.
Webbing strap shall be not less than 3 inches in width and shall have a minimum breaking strength of 14,000 pounds. Metal stakes shall be of sufficient strength to hold and contain the load.
Connecting links and hooks shall be at least as strong as the tie down material used. 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).
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. 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.
As used in subsection, “agricultural commodities” means that term as defined in section 722. As used in this section: “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.
“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. 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. 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: 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 The horizontal distance from the top of an exterior wall of the cargo compartment to the load is less than two feet.
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.
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.
Cover required for open-top vehicles carrying sand, dirt, gravel or rock. 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. Missouri State Highway Patrol, Jefferson City, MO.
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. 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 putrescence 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 taping of a load.
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. Any person who violates any provision of subsection (2) or (3) of this section shall be guilty of a Class IV misdemeanor.
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. Any person shall be liable to the state or town for any damage done to the way by spillage.
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. The provisions of paragraphs II and II-a shall not apply to: 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; The operation of municipal and state highway maintenance equipment; The driving of any vehicle on a way at speeds of less than 30 miles per hour.
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. 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.
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. 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. Loading to spill prohibited; minimum safety standards; penalty.
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.
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. 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 to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.
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. There are specific exceptions to some of these regulations for vehicles operated strictly in intrastate commerce.
The New York State Department of Transportation (NOT) is the Motor Carrier Safety Assistance Program (MC SAP) lead 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. Please follow the instructions of the inspector so that no unnecessary delays will be experienced.
North Carolina Division of Motor Vehicles, Enforcement Section, Raleigh, NC. (a) The total outside width of any vehicle or the load thereon shall not exceed 102 inches, except as otherwise provided in this section.
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. No vehicle, unladen or with load, shall exceed a height of 13 feet, six inches.
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. Trucks transporting unprocessed cotton from farm to gin shall not exceed 48 feet in length overall of dimensions inclusive of front and rear bumpers.
Recreational vehicles shall not exceed 45 feet in length overall, excluding bumpers and mirrors. 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 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. 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.
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. For purposes of this subsection, load does not include water accumulated from precipitation.
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: 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 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. 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.
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: Said equipment may only be so operated during daylight hours; and 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 Equipment covered by this section, which by necessity must travel more than 10 miles or whereby 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.
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. 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 Highway Patrol, Motor Carrier Division, Bismarck, ND. Vehicle to be constructed to prevent sifting or leaking loads.
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. 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.
Operating with sifting or leaking load; civil liability; penalty. Violation of the offense described in this section is subject to civil liability under ORS 818.410.
The offense described in this section operating with a sifting or leaking load, is a Class B traffic infraction. Fastening load.–Every load on a vehicle shall be fastened to prevent the load or covering from becoming loose, detached or in any manner a hazard to other users of the highway.
(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.
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. 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. (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.
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. Enclosures generally.– Subject to the provisions of subsection (d), the bed the vehicle carrying a load of loose material shall be fully enclosed: On both sides, by sideboards or side panels.
The enclosures required by paragraph (1) shall be constructed to prevent any part of the load from blowing, falling or spilling out of the vehicle. 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.
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). This subsection does not apply to: any load-carrying vehicle with a compartment that fully encloses the load; or a vehicle in which the load is suitably covered or secured by other means that prevent the escape of the loose material.
Canvas enclosures.– 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. Any cover required under this section shall be secured in a manner to prevent: Any part of the load from blowing, falling or spilling out of the vehicle.
Removal of spillage; securing tailgate; maintenance of bed.– This subsection does not apply to any construction vehicle or mining equipment that: is moving between construction barricades on a public works project; or only is crossing a highway. The bed does not have any holes, cracks or openings through which loose material can escape.
After unloading loose material, all residue is removed from the nonload- carrying parts of the vehicle. Any other kind of material that can blow, fall or spill as specified in rules and regulations adopted by the department.
State Police Truck Squad, North Scituate, RI. 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.
This subsection also includes the transportation of garbage or waste materials to locations for refuse in this State. 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.
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. 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.
Nothing in subdivision (a)(1) shall be construed to prevent prosecution or conviction under other applicable laws. Criminal littering is a Class A misdemeanor punishable only as provided in subsection (c).
(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.
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: 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 Work in a recycling center or other appropriate location for any stated period of time not to exceed six (6) months. 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). 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). 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. 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.
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. The provisions of this subsection (a) do not apply to motor vehicles transporting recovered materials to a convenience center or scrap dealer for recycling.
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.
A vehicle that is operated at a speed less than 30 miles per hour. 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.
A vehicle bed carrying a load: may not have a hole, crack, or other opening through which loose material can escape; and shall be enclosed: on both sides by side panels; on the front by a panel or the vehicle cab; and on the rear by a tailgate or panel. The load shall be covered and the covering firmly secured at the front and back, unless the load: is completely enclosed by the load-carrying compartment; or does not blow or spill over the top of the load-carrying compartment.
The tailgate of the vehicle shall be securely closed to prevent spillage during transportation. 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: 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 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.
The following material is exempt from the provisions of Subsection (3)(a): hot mix asphalt; 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; material being transported across a highway between two parcels of property that would be contiguous but for the highway that is being crossed; and material listed under Subsection (3)(a) that is enclosed on all sides by containers, bags, or packaging. Subsections (2) and (3) do not apply to a vehicle or implement of husbandry carrying an agricultural product, if the agricultural product is: 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 loaded in a manner that only allows minimal spillage.
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. This section does not prohibit the necessary spreading of any substance connected with highway maintenance, construction, securing traction, or snow removal.
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. 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.) 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.
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. 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.
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 to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.
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 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.
(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. Wyoming Highway Patrol, Port of Entry Station, Cheyenne, WY.
This section does not prohibit the necessary spreading of any substance in highway maintenance of construction operations.