72-7-409 - Loads on vehicles -- Limitations -- Confining, securing, and fastening load required -- Penalty.
72-7-409. Loads on vehicles -- Limitations -- Confining, securing, and fasteningload required -- Penalty.
(1) As used in this section:
(a) "Agricultural product" means any raw product which is derived from agriculture,including silage, hay, straw, grain, manure, and other similar product.
(b) "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 isconstructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwiseescaping.
(3) (a) 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 scrapmetal shall have a covering over the entire load unless:
(i) the highest point of the load does not extend above the top of any exterior wall orsideboard of the cargo compartment of the vehicle; and
(ii) the outer edges of the load are at least six inches below the top inside edges of theexterior walls or sideboards of the cargo compartment of the vehicle.
(b) In addition to the requirements under Subsection (2), a vehicle carrying trash orgarbage shall have a covering over the entire load.
(c) The following material is exempt from the provisions of Subsection (3)(a):
(i) hot mix asphalt;
(ii) construction debris or scrap metal if the debris or scrap metal is a size and in a formnot susceptible to being blown out of the vehicle;
(iii) material being transported across a highway between two parcels of property thatwould be contiguous but for the highway that is being crossed; and
(iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers,bags, or packaging.
(d) A chemical substance capable of coating or bonding a load so that the load isconfined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long asthe chemical substance remains effective at confining the load.
(4) Subsections (2) and (3) do not apply to a vehicle or implement of husbandry carryingan agricultural product, if the agricultural product is:
(a) being transported in a manner which is not a hazard or a potential hazard to the safeoperation of the vehicle or to other highway users; and
(b) loaded in a manner that only allows minimal spillage.
(5) (a) An authorized vehicle performing snow removal services on a highway is exemptfrom the requirements of this section.
(b) This section does not prohibit the necessary spreading of any substance connectedwith highway maintenance, construction, securing traction, or snow removal.
(6) A person may not operate a vehicle with a load on any highway unless the load andany load covering is fastened, secured, and confined to prevent the covering or load frombecoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or toother highway users.
(7) Before entering a highway, the operator of a vehicle carrying any material listedunder Subsection (3), shall remove all loose material on any portion of the vehicle not designedto carry the material.
(8) (a) Any person who violates this section is guilty of a class B misdemeanor.
(b) A person who violates a provision of this section shall be fined not less than:
(i) $100 for a violation; or
(ii) $250 for a second or subsequent violation within three years of a previous violationof this section.
(c) A person who violates a provision of this section while operating a commercialvehicle as defined in Section 72-9-102 shall be fined:
(i) not less than $250 for a violation; or
(ii) $500 for a second or subsequent violation within three years of a previous violationof this section.
Amended by Chapter 22, 2008 General Session
Amended by Chapter 140, 2008 General Session