S.B. 96 Unsecured Load Amendments
| Bill Sponsor:  Sen. Harper, Wayne A. | Floor Sponsor:  Rep. Spendlove, Robert M. |
- Drafting Attorney: Kurt P. Gasser
- Fiscal Analyst: Gary R. Syphus
- Bill Text
- Introduced
- Enrolled (Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 20 Mar 2017, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 9 May 2017
- Session Law Chapter: 150
- Similar Bills
Enrolled
Printer FriendlyS.B. 96
1 UNSECURED LOAD AMENDMENTS
22017 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Wayne A. Harper
5House Sponsor: Robert M. Spendlove
6
7 LONG TITLE
8 General Description:
9 This bill defines an unsecured load on a highway and creates new penalties for
10 operating a vehicle with an unsecured load on a highway.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines unsecured load;
14 ▸ creates new penalties for certain violations;
15 ▸ instructs the department, when possible, to educate the public regarding unsecured
16 loads; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 72-7-409, as last amended by Laws of Utah 2016, Chapter 303
25 78A-5-110, as last amended by Laws of Utah 2008, Chapter 22 and renumbered and
26 amended by Laws of Utah 2008, Chapter 3
27 78A-7-120, as last amended by Laws of Utah 2012, Chapter 205
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 72-7-409 is amended to read:
31 72-7-409. Loads on vehicles -- Limitations -- Confining, securing, and fastening
32 load required -- Penalty.
33 (1) As used in this section:
34 (a) "Agricultural product" means any raw product which is derived from agriculture,
35 including silage, hay, straw, grain, manure, and other similar product.
36 (b) (i) "Unsecured load" means the contents of a vehicle, operated on a highway, not
37 sufficiently covered, confined, fastened, or otherwise secured in a way to prevent the contents
38 from escaping the vehicle.
39 (ii) "Unsecured load" includes materials such as dirt, sand, gravel, rock fragments,
40 pebbles, crushed base, aggregate, any other similar material, or scrap metal or other loose
41 material on any portion of the vehicle not designed to carry the material.
42 [(b)] (c) "Vehicle" [has the same meaning set forth] means the same as that term is
43 defined in Section 41-1a-102.
44 [(2) A vehicle may not be operated or moved on any highway unless the vehicle is
45constructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwise
46escaping.]
47 (2) Except as provided in Subsections (3) through (5), a person may not:
48 (a) operate a vehicle with an unsecured load on any highway; or
49 (b) operate a vehicle carrying trash or garbage without a covering over the entire load.
50 (3) (a) [In addition to the requirements under Subsection (2), a] A vehicle carrying dirt,
51 sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or
52 scrap metal shall have a covering over the entire load unless:
53 (i) the highest point of the load does not extend above the top of any exterior wall or
54 sideboard of the cargo compartment of the vehicle; and
55 (ii) the outer edges of the load are at least six inches below the top inside edges of the
56 exterior walls or sideboards of the cargo compartment of the vehicle.
57 [(b) In addition to the requirements under Subsection (2), a vehicle carrying trash or
58garbage shall have a covering over the entire load.]
59 [(c)] (b) The following material is exempt from the provisions of Subsection (3)(a):
60 (i) hot mix asphalt;
61 (ii) construction debris or scrap metal if the debris or scrap metal is a size and in a form
62 not susceptible to being blown out of the vehicle;
63 (iii) material being transported across a highway between two parcels of property that
64 would be contiguous but for the highway that is being crossed; and
65 (iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers,
66 bags, or packaging.
67 [(d)] (c) A chemical substance capable of coating or bonding a load so that the load is
68 confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long
69 as the chemical substance remains effective at confining the load.
70 (4) [Subsections (2) and (3) do] Subsection (2) does not apply to a vehicle or
71 implement of husbandry carrying an agricultural product, if the agricultural product is:
72 (a) being transported in a manner which is not a hazard or a potential hazard to the safe
73 operation of the vehicle or to other highway users; and
74 (b) loaded in a manner that only allows minimal spillage.
75 (5) (a) An authorized vehicle performing snow removal services on a highway is
76 exempt from the requirements of this section.
77 (b) This section does not prohibit the necessary spreading of any substance connected
78 with highway maintenance, construction, securing traction, or snow removal.
79 [(6) A person may not operate a vehicle with a load on any highway unless the load
80and any load covering is fastened, secured, and confined to prevent the covering or load from
81becoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to
82other highway users.]
83 [(7) Before entering a highway, the operator of a vehicle carrying any material listed
84under Subsection (3), shall remove all loose material on any portion of the vehicle not designed
85to carry the material.]
86 (6) (a) Any person suspected of operating a vehicle with an unsecured load on a
87 highway may be issued a warning.
88 [(8) (a)] (b) Any person who violates this section is guilty of:
89 (i) an infraction[.], if the violation creates a hazard but does not lead to a motor vehicle
90 accident;
91 (ii) a class B misdemeanor, if the violation creates a hazard that leads to a motor
92 vehicle accident; or
93 (iii) a class A misdemeanor, if the violation creates a hazard that leads to a motor
94 vehicle accident that results in the serious bodily injury or death of a person.
95 [(b)] (c) A person who violates a provision of this section shall be fined not less than:
96 (i) $200 for a violation; or
97 (ii) $500 for a second or subsequent violation within three years of a previous violation
98 of this section.
99 [(c)] (d) A person who violates a provision of this section while operating a
100 commercial vehicle as defined in Section 72-9-102 shall be fined:
101 (i) not less than $500 for a violation; or
102 (ii) $1,000 for a second or subsequent violation within three years of a previous
103 violation of this section.
104 (7) As resources and opportunities allow, the department shall implement programs or
105 activities that increase public awareness on the importance of properly securing loads.
106 Section 2. Section 78A-5-110 is amended to read:
107 78A-5-110. Allocation of district court fees and forfeitures.
108 (1) Except as provided in this section, district court fines and forfeitures collected for
109 violation of state statutes shall be paid to the state treasurer.
110 (2) Fines and forfeitures collected by the court for violation of a state statute or county
111 or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the
112 state treasurer and 1/2 to the treasurer of the state or local governmental entity which
113 prosecutes or which would prosecute the violation.
114 (3) Fines and forfeitures collected for violations of Title 23, Wildlife Resources Code
115 of Utah, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State Boating
116 Act, shall be paid to the state treasurer.
117 (a) For violations of Title 23, Wildlife Resources Code of Utah, the state treasurer shall
118 allocate 85% to the Division of Wildlife Resources and 15% to the General Fund.
119 (b) For violations of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
120 18, State Boating Act, the state treasurer shall allocate 85% to the Division of Parks and
121 Recreation and 15% to the General Fund.
122 (4) Fines and forfeitures collected for violation of Section 72-7-404 or 72-7-406, less
123 fees established by the Judicial Council, shall be paid to the state treasurer for deposit in the B
124 and C road account. Fees established by the Judicial Council shall be deposited in the state
125 General Fund. Money deposited in the class B and C road account is supplemental to the
126 money appropriated under Section 72-2-107 but shall be expended in the same manner as other
127 class B and C road funds.
128 (5) (a) Fines and forfeitures collected by the court for a second or subsequent violation
129 under Section 41-6a-1713 or Subsection [72-7-409(8)(b)] 72-7-409(6)(c) shall be remitted:
130 (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
131 (ii) 40% in accordance with Subsection (2).
132 (b) Fines and forfeitures collected by the court for a second or subsequent violation
133 under Subsection [72-7-409(8)(c)] 72-7-409(6)(d) shall be remitted:
134 (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
135 (ii) 50% in accordance with Subsection (2).
136 (6) Fines and forfeitures collected for any violations not specified in this chapter or
137 otherwise provided for by law shall be paid to the state treasurer.
138 (7) Fees collected in connection with civil actions filed in the district court shall be
139 paid to the state treasurer.
140 (8) The court shall remit money collected in accordance with Title 51, Chapter 7, State
141 Money Management Act.
142 Section 3. Section 78A-7-120 is amended to read:
143 78A-7-120. Disposition of fines.
144 (1) Except as otherwise specified by this section, fines and forfeitures collected by a
145 justice court shall be remitted, 1/2 to the treasurer of the local government responsible for the
146 court and 1/2 to the treasurer of the local government which prosecutes or which would
147 prosecute the violation. An interlocal agreement created pursuant to Title 11, Chapter 13,
148 Interlocal Cooperation Act, related to justice courts may alter the ratio provided in this section
149 if the parties agree.
150 (2) (a) For violation of Title 23, Wildlife Resources Code of Utah, the court shall
151 allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the city or
152 county government responsible for the justice court.
153 (b) For violation of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
154 18, State Boating Act, the court shall allocate 85% to the Division of Parks and Recreation and
155 15% to the general fund of the city or county government responsible for the justice court.
156 (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer.
157 (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
158 court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
159 and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
160 Council, shall be paid to the state treasurer and distributed to the class B and C road account.
161 (5) Revenue deposited in the class B and C road account pursuant to Subsection (4) is
162 supplemental to the money appropriated under Section 72-2-107 but shall be expended in the
163 same manner as other class B and C road funds.
164 (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
165 under Section 41-6a-1713 or Subsection [72-7-409(8)(b)] 72-7-409(6)(c) shall be remitted:
166 (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
167 (ii) 40% in accordance with Subsection (1).
168 (b) Fines and forfeitures collected by the court for a second or subsequent violation
169 under Subsection [72-7-409(8)(c)] 72-7-409(6)(d) shall be remitted:
170 (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
171 (ii) 50% in accordance with Subsection (1).
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill defines an unsecured load on a highway and creates new penalties for
10 operating a vehicle with an unsecured load on a highway.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines unsecured load;
14 ▸ creates new penalties for certain violations;
15 ▸ instructs the department, when possible, to educate the public regarding unsecured
16 loads; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 72-7-409, as last amended by Laws of Utah 2016, Chapter 303
25 78A-5-110, as last amended by Laws of Utah 2008, Chapter 22 and renumbered and
26 amended by Laws of Utah 2008, Chapter 3
27 78A-7-120, as last amended by Laws of Utah 2012, Chapter 205
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 72-7-409 is amended to read:
31 72-7-409. Loads on vehicles -- Limitations -- Confining, securing, and fastening
32 load required -- Penalty.
33 (1) As used in this section:
34 (a) "Agricultural product" means any raw product which is derived from agriculture,
35 including silage, hay, straw, grain, manure, and other similar product.
36 (b) (i) "Unsecured load" means the contents of a vehicle, operated on a highway, not
37 sufficiently covered, confined, fastened, or otherwise secured in a way to prevent the contents
38 from escaping the vehicle.
39 (ii) "Unsecured load" includes materials such as dirt, sand, gravel, rock fragments,
40 pebbles, crushed base, aggregate, any other similar material, or scrap metal or other loose
41 material on any portion of the vehicle not designed to carry the material.
42 [
43 defined in Section 41-1a-102.
44 [
45
46
47 (2) Except as provided in Subsections (3) through (5), a person may not:
48 (a) operate a vehicle with an unsecured load on any highway; or
49 (b) operate a vehicle carrying trash or garbage without a covering over the entire load.
50 (3) (a) [
51 sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or
52 scrap metal shall have a covering over the entire load unless:
53 (i) the highest point of the load does not extend above the top of any exterior wall or
54 sideboard of the cargo compartment of the vehicle; and
55 (ii) the outer edges of the load are at least six inches below the top inside edges of the
56 exterior walls or sideboards of the cargo compartment of the vehicle.
57 [
58
59 [
60 (i) hot mix asphalt;
61 (ii) construction debris or scrap metal if the debris or scrap metal is a size and in a form
62 not susceptible to being blown out of the vehicle;
63 (iii) material being transported across a highway between two parcels of property that
64 would be contiguous but for the highway that is being crossed; and
65 (iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers,
66 bags, or packaging.
67 [
68 confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long
69 as the chemical substance remains effective at confining the load.
70 (4) [
71 implement of husbandry carrying an agricultural product, if the agricultural product is:
72 (a) being transported in a manner which is not a hazard or a potential hazard to the safe
73 operation of the vehicle or to other highway users; and
74 (b) loaded in a manner that only allows minimal spillage.
75 (5) (a) An authorized vehicle performing snow removal services on a highway is
76 exempt from the requirements of this section.
77 (b) This section does not prohibit the necessary spreading of any substance connected
78 with highway maintenance, construction, securing traction, or snow removal.
79 [
80
81
82
83 [
84
85
86 (6) (a) Any person suspected of operating a vehicle with an unsecured load on a
87 highway may be issued a warning.
88 [
89 (i) an infraction[
90 accident;
91 (ii) a class B misdemeanor, if the violation creates a hazard that leads to a motor
92 vehicle accident; or
93 (iii) a class A misdemeanor, if the violation creates a hazard that leads to a motor
94 vehicle accident that results in the serious bodily injury or death of a person.
95 [
96 (i) $200 for a violation; or
97 (ii) $500 for a second or subsequent violation within three years of a previous violation
98 of this section.
99 [
100 commercial vehicle as defined in Section 72-9-102 shall be fined:
101 (i) not less than $500 for a violation; or
102 (ii) $1,000 for a second or subsequent violation within three years of a previous
103 violation of this section.
104 (7) As resources and opportunities allow, the department shall implement programs or
105 activities that increase public awareness on the importance of properly securing loads.
106 Section 2. Section 78A-5-110 is amended to read:
107 78A-5-110. Allocation of district court fees and forfeitures.
108 (1) Except as provided in this section, district court fines and forfeitures collected for
109 violation of state statutes shall be paid to the state treasurer.
110 (2) Fines and forfeitures collected by the court for violation of a state statute or county
111 or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the
112 state treasurer and 1/2 to the treasurer of the state or local governmental entity which
113 prosecutes or which would prosecute the violation.
114 (3) Fines and forfeitures collected for violations of Title 23, Wildlife Resources Code
115 of Utah, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State Boating
116 Act, shall be paid to the state treasurer.
117 (a) For violations of Title 23, Wildlife Resources Code of Utah, the state treasurer shall
118 allocate 85% to the Division of Wildlife Resources and 15% to the General Fund.
119 (b) For violations of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
120 18, State Boating Act, the state treasurer shall allocate 85% to the Division of Parks and
121 Recreation and 15% to the General Fund.
122 (4) Fines and forfeitures collected for violation of Section 72-7-404 or 72-7-406, less
123 fees established by the Judicial Council, shall be paid to the state treasurer for deposit in the B
124 and C road account. Fees established by the Judicial Council shall be deposited in the state
125 General Fund. Money deposited in the class B and C road account is supplemental to the
126 money appropriated under Section 72-2-107 but shall be expended in the same manner as other
127 class B and C road funds.
128 (5) (a) Fines and forfeitures collected by the court for a second or subsequent violation
129 under Section 41-6a-1713 or Subsection [
130 (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
131 (ii) 40% in accordance with Subsection (2).
132 (b) Fines and forfeitures collected by the court for a second or subsequent violation
133 under Subsection [
134 (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
135 (ii) 50% in accordance with Subsection (2).
136 (6) Fines and forfeitures collected for any violations not specified in this chapter or
137 otherwise provided for by law shall be paid to the state treasurer.
138 (7) Fees collected in connection with civil actions filed in the district court shall be
139 paid to the state treasurer.
140 (8) The court shall remit money collected in accordance with Title 51, Chapter 7, State
141 Money Management Act.
142 Section 3. Section 78A-7-120 is amended to read:
143 78A-7-120. Disposition of fines.
144 (1) Except as otherwise specified by this section, fines and forfeitures collected by a
145 justice court shall be remitted, 1/2 to the treasurer of the local government responsible for the
146 court and 1/2 to the treasurer of the local government which prosecutes or which would
147 prosecute the violation. An interlocal agreement created pursuant to Title 11, Chapter 13,
148 Interlocal Cooperation Act, related to justice courts may alter the ratio provided in this section
149 if the parties agree.
150 (2) (a) For violation of Title 23, Wildlife Resources Code of Utah, the court shall
151 allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the city or
152 county government responsible for the justice court.
153 (b) For violation of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
154 18, State Boating Act, the court shall allocate 85% to the Division of Parks and Recreation and
155 15% to the general fund of the city or county government responsible for the justice court.
156 (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer.
157 (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
158 court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
159 and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
160 Council, shall be paid to the state treasurer and distributed to the class B and C road account.
161 (5) Revenue deposited in the class B and C road account pursuant to Subsection (4) is
162 supplemental to the money appropriated under Section 72-2-107 but shall be expended in the
163 same manner as other class B and C road funds.
164 (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
165 under Section 41-6a-1713 or Subsection [
166 (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
167 (ii) 40% in accordance with Subsection (1).
168 (b) Fines and forfeitures collected by the court for a second or subsequent violation
169 under Subsection [
170 (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
171 (ii) 50% in accordance with Subsection (1).
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 1/20/2017 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 1/20/2017 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 1/20/2017 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
| 1/23/2017 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
| 1/23/2017 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 1/24/2017 | LFA/ fiscal note publicly available | Senate Rules Committee | |
| 1/25/2017 | Senate/ received fiscal note from Fiscal Analyst | Senate Rules Committee | |
| 1/25/2017 | Senate/ to standing committee | Senate Transportation, Public Utilities, Energy, and Technology Committee | |
| 1/25/2017 | Senate Comm - Favorable Recommendation | Senate Transportation, Public Utilities, Energy, and Technology Committee | 5 0 2 |
| 1/27/2017 (11:16:15 AM) | Senate/ committee report favorable | Senate Transportation, Public Utilities, Energy, and Technology Committee | |
| 1/27/2017 (11:16:16 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 2/13/2017 (10:52:59 AM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
| 2/13/2017 (10:58:15 AM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 27 0 2 |
| 2/14/2017 (11:05:42 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
| 2/14/2017 (11:08:22 AM) | Senate/ passed 3rd reading | Clerk of the House | 29 0 0 |
| 2/14/2017 (11:08:23 AM) | Senate/ to House | Clerk of the House | |
| 2/14/2017 | House/ received from Senate | Clerk of the House | |
| 2/14/2017 | House/ 1st reading (Introduced) | House Rules Committee | |
| 2/15/2017 | House/ to standing committee | House Transportation Committee | |
| 2/17/2017 | House Comm - Favorable Recommendation | House Transportation Committee | 10 1 1 |
| 2/21/2017 (2:19:01 PM) | House/ committee report favorable | House Transportation Committee | |
| 2/21/2017 (2:19:02 PM) | House/ 2nd reading | House 3rd Reading Calendar for Senate bills | |
| 2/22/2017 (11:53:40 AM) | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
| 2/22/2017 (12:00:25 PM) | House/ passed 3rd reading | House Speaker | 60 12 3 |
| 2/22/2017 (12:00:26 PM) | House/ signed by Speaker/ returned to Senate | Senate President | |
| 2/22/2017 (12:00:27 PM) | House/ to Senate | Senate President | |
| 2/22/2017 | Senate/ received from House | Senate President | |
| 2/22/2017 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
| 2/22/2017 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
| 2/22/2017 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
| 3/15/2017 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
| 3/15/2017 | Senate/ enrolled bill to Printing | Senate Secretary | |
| 3/15/2017 | Senate/ received enrolled bill from Printing | Senate Secretary | |
| 3/15/2017 | Senate/ to Governor | Executive Branch - Governor | |
| 3/20/2017 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings