S.B. 113 Enrolled

LOADED VEHICLES - EXEMPTION FOR
FARM VEHICLES
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Joseph L. Hull
AN ACT RELATING TO HIGHWAYS; PROVIDING DEFINITIONS; AMENDING
PROVISIONS RELATED TO LOADS ON VEHICLES; AND PROVIDING CERTAIN
EXCEPTIONS FOR CERTAIN FARM VEHICLES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
27-12-146, as last amended by Chapter 50, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 27-12-146 is amended to read:
27-12-146. Loads on vehicles -- Limitations -- Confining, securing, and fastening load
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.
[(1)] (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.
[(2)] (3) (a) In addition to the requirements under Subsection [(1)] (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:
(i) 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
(ii) 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.
(b) The following material is exempt from the provisions of Subsection [(2)] (3)(a):

(i) hot mix asphalt;
(ii) 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;
(iii) material being transported across a highway between two parcels of property that would
be contiguous but for the highway that is being crossed; and
(iv) material listed under Subsection [(2)] (3)(a) that is enclosed on all sides by containers,
bags, or packaging.
(c) 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 [(2)] (3)(a) so long as the
chemical substance remains effective at confining the load.
(4) Subsections (2) and (3) do not apply to a vehicle or implement of husbandry carrying an
agricultural product, if the agricultural product is:
(a) 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
(b) loaded in a manner that only allows minimal spillage.
[(3)] (5) (a) 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.
(b) This section does not prohibit the necessary spreading of any substance connected with
highway maintenance, construction, securing traction, or snow removal.
[(4)] (6) 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)] (7) Before entering a highway, the operator of a vehicle carrying any material listed
under Subsection [(2)] (3), shall remove all loose material on any portion of the vehicle not designed
to carry the material.
[(6)] (8) Any person who violates this section is guilty of a class B misdemeanor.

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