First Substitute H.B. 328

Senator Patricia W. Jones proposes the following substitute bill:

1 HIGHWAY LITTERING AND FAILING TO SECURE A
2 LOAD AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Richard A. Greenwood
6 Senate Sponsor: Patricia W. Jones
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to littering or failing to secure a load on a
11 highway.
12 Highlighted Provisions:
13 This bill:
14 . increases the fines for littering on a highway; and
15 . increases the fines for failing to secure a load while operating a motor vehicle on a
16 highway.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-1713, as last amended by Laws of Utah 2008, Chapter 22
24 72-7-409, as last amended by Laws of Utah 2008, Chapters 22 and 140
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 41-6a-1713 is amended to read:
28 41-6a-1713. Penalty for littering on a highway.
29 (1) A person who violates any of the provisions of Section 41-6a-1712 is guilty of a
30 class C misdemeanor and shall be fined:
31 (a) not less than [$100] $200 for a violation; or
32 (b) not less than [$250] $500 for a second or subsequent violation within three years of
33 a previous violation of this section.
34 (2) The sentencing judge may require that the offender devote at least eight hours in
35 cleaning up:
36 (a) litter caused by the offender; and
37 (b) existing litter from a safe area designated by the sentencing judge.
38 Section 2. Section 72-7-409 is amended to read:
39 72-7-409. Loads on vehicles -- Limitations -- Confining, securing, and fastening
40 load required -- Penalty.
41 (1) As used in this section:
42 (a) "Agricultural product" means any raw product which is derived from agriculture,
43 including silage, hay, straw, grain, manure, and other similar product.
44 (b) "Vehicle" has the same meaning set forth in Section 41-1a-102 .
45 (2) A vehicle may not be operated or moved on any highway unless the vehicle is
46 constructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwise
47 escaping.
48 (3) (a) In addition to the requirements under Subsection (2), a vehicle carrying dirt,
49 sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or
50 scrap metal shall have a covering over the entire load unless:
51 (i) the highest point of the load does not extend above the top of any exterior wall or
52 sideboard of the cargo compartment of the vehicle; and
53 (ii) the outer edges of the load are at least six inches below the top inside edges of the
54 exterior walls or sideboards of the cargo compartment of the vehicle.
55 (b) In addition to the requirements under Subsection (2), a vehicle carrying trash or
56 garbage shall have a covering over the entire load.

57 (c) The following material is exempt from the provisions of Subsection (3)(a):
58 (i) hot mix asphalt;
59 (ii) construction debris or scrap metal if the debris or scrap metal is a size and in a form
60 not susceptible to being blown out of the vehicle;
61 (iii) material being transported across a highway between two parcels of property that
62 would be contiguous but for the highway that is being crossed; and
63 (iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers,
64 bags, or packaging.
65 (d) A chemical substance capable of coating or bonding a load so that the load is
66 confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long
67 as the chemical substance remains effective at confining the load.
68 (4) Subsections (2) and (3) do not apply to a vehicle or implement of husbandry
69 carrying an agricultural product, if the agricultural product is:
70 (a) being transported in a manner which is not a hazard or a potential hazard to the safe
71 operation of the vehicle or to other highway users; and
72 (b) loaded in a manner that only allows minimal spillage.
73 (5) (a) An authorized vehicle performing snow removal services on a highway is
74 exempt from the requirements of this section.
75 (b) This section does not prohibit the necessary spreading of any substance connected
76 with highway maintenance, construction, securing traction, or snow removal.
77 (6) A person may not operate a vehicle with a load on any highway unless the load and
78 any load covering is fastened, secured, and confined to prevent the covering or load from
79 becoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to
80 other highway users.
81 (7) Before entering a highway, the operator of a vehicle carrying any material listed
82 under Subsection (3), shall remove all loose material on any portion of the vehicle not designed
83 to carry the material.
84 (8) (a) Any person who violates this section is guilty of a class B misdemeanor.
85 (b) A person who violates a provision of this section shall be fined not less than:
86 (i) [$100] $200 for a violation; or
87 (ii) [$250] $500 for a second or subsequent violation within three years of a previous

88 violation of this section.
89 (c) A person who violates a provision of this section while operating a commercial
90 vehicle as defined in Section 72-9-102 shall be fined:
91 (i) not less than [$250] $500 for a violation; or
92 (ii) [$500] $1,000 for a second or subsequent violation within three years of a previous
93 violation of this section.

[Bill Documents]