S.B. 17

1

COVERING CERTAIN LOAD MATERIALS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Joseph L. Hull
5 AN ACT RELATING TO HIGHWAYS; AMENDING EXEMPTIONS TO REQUIREMENTS
6 FOR CONFINING CERTAIN LOADS ON VEHICLES.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 27-12-146, as last amended by Chapter 58, Laws of Utah 1996
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 27-12-146 is amended to read:
12 27-12-146. Loads on vehicles -- Limitations -- Confining, securing, and fastening
13 load required -- Penalty.
14 (1) A vehicle may not be operated or moved on any highway unless the vehicle is
15 constructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwise
16 escaping.
17 (2) (a) In addition to the requirements under Subsection (1), a vehicle carrying dirt, sand,
18 gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or scrap metal
19 shall have a covering over the entire load unless:
20 (i) the highest point of the load does not extend above the top of any exterior wall or
21 sideboard of the cargo compartment of the vehicle; and
22 (ii) the outer edges of the load are at least six inches below the top inside edges of the
23 exterior walls or sideboards of the cargo compartment of the vehicle.
24 (b) The following material is exempt from the provisions of Subsection (2)(a):
25 [(i) coal;]
26 [(ii)] (i) hot mix asphalt;
27 [(iii)] (ii) construction debris or scrap metal if the debris or scrap metal is a size and in a

1 form not susceptible to being blown out of the vehicle;
2 [(iv)] (iii) material being transported across a highway between two parcels of property
3 that would be contiguous but for the highway that is being crossed; and
4 [(v)] (iv) material listed under Subsection (2)(a) that is enclosed on all sides by containers,
5 bags, or packaging.
6 (c) A chemical substance capable of coating or bonding a load so that the load is confined
7 on a vehicle, may be considered a covering for purposes of Subsection (2)(a) so long as the
8 chemical substance remains effective at confining the load.
9 (3) (a) An authorized vehicle performing snow removal services on a highway is exempt
10 from the requirements of this section if the vehicle's load is screened to a particle size established
11 by a rule of the department.
12 (b) This section does not prohibit the necessary spreading of any substance connected with
13 highway maintenance, construction, securing traction, or snow removal.
14 (4) A person may not operate a vehicle with a load on any highway unless the load and
15 any load covering is fastened, secured, and confined to prevent the covering or load from
16 becoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to
17 other highway users.
18 (5) Before entering a highway, the operator of a vehicle carrying any material listed under
19 Subsection (2), shall remove all loose material on any portion of the vehicle not designed to carry
20 the material.
21 (6) Any person who violates this section is guilty of a class B misdemeanor.




Legislative Review Note
as of 12-10-96 1:05 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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