A person shall not drive or move a vehicle, except a vehicle carrying
logs or tubular products, on a highway unless the vehicle is so constructed
or loaded as to prevent its contents from dropping, shifting, leaking, blowing
off or otherwise escaping from the vehicle. This requirement does not apply
to a vehicle transporting agricultural or horticultural products when hay,
straw, silage or residue from a product, but not including the product itself,
or when materials such as water used to preserve and handle agricultural or
horticultural products while in transportation, escape from the vehicle in
an amount that does not interfere with other traffic on the highway. The tailgate,
faucets and taps on a vehicle shall be securely closed to prevent spillage
during transportation whether the vehicle is loaded or empty, and the vehicle
shall not have any holes or cracks through which material can escape. Any
highway maintenance vehicle engaged in either ice or snow removal shall be
exempt from this section.
Actual spillage of material on the highway or proof of that spillage
is not necessary to prove a violation of this section.
A vehicle carrying a load, other than logs or tubular products, which
is not completely enclosed shall meet either of the following requirements:
A.Â
Have the load covered with firmly secured canvas or similar
type of covering. A device used to comply with the requirement of this subsection
shall not exceed a width of 108 inches nor by design or use have the capability
to carry cargo by itself.
B.Â
Have the load securely fastened to the body or the frame
of the vehicle with binders of adequate number and of adequate breaking strength
to prevent the dropping off or shifting of the load.
A company or individual who loads or unloads a vehicle or causes it to be loaded or unloaded, with knowledge that it is to be driven on a public highway, in a manner so as to cause a violation of § 199-33 shall be prima facie liable for a violation of these sections.
A person shall not operate a motor vehicle carrying logs or tubular
products on a highway unless the following conditions are met:
A.Â
If the logs or tubular products are loaded crosswise
or right angles to the side of the vehicle, the load of logs or tubular products
shall be securely fastened to the body or frame of the vehicle with not less
than two binders which are secured to the frame at each end of the load and
pass over the load so that the frame and binders completely encircle the load.
B.Â
If the vehicle is a truck or trailer carrying logs which has a loading surface more than 33 feet in length and the logs are loaded crosswise or at right angles to the side of the vehicle, the vehicle shall be equipped with a center partition located approximately 1/2 the distance from the front to the rear of the loading surface of the truck or trailer. The center partition shall be either a center mounted hydraulic loader or a center set of stakes and shall be pinned, bolted or otherwise securely fastened to the frame. The load shall be secured as required by Subsection A, and in addition, the two lengthwise tie downs shall be attached or threaded through the center partition at a level not less that one foot below the load height.
C.Â
If the logs or tubular products are loaded lengthwise
of the vehicle, obliquely or parallel to the sides, with metal stakes and
pockets, the load of logs or tubular products shall be secured as follows:
(1)Â
With two tie-downs from frame to frame for every tier.
(2)Â
So that not more than 1/2 the diameter of the top log
or tubular product extends higher than the stake tops.
(3)Â
With two cross chains per tier if the load extends more
than five feet above the loading surface.
(4)Â
So that every ten linear feet has not less than one tie-down
from frame to frame.
D.Â
If the logs or tubular products are loaded lengthwise
of the vehicle, obliquely or parallel to the sides, with permanent metal gusted
bunks, the load of logs or tubular products shall be secured as follows:
E.Â
The tie-downs, cross chains, stakes and other materials used to secure loads of logs or tubular products as required under Subsections A to D shall meet the following minimum requirements:
(1)Â
Chain shall be of steel and shall be of a strength not
less than 5/16 inch in diameter "transport," which is embossed with a grade
stamp representative of Grade 70, or not less than 3/8 inch in diameter "high
test," which is embossed with a grade stamp representative of Grade 40. Chain
shall not be repaired by welding, wire or cold shuts.
(2)Â
Wire rope shall be of improved plow steel and not less
than 3/8 inch in diameter.
(3)Â
Webbing strap shall be not less than three inches in
width and shall have a minimum breaking strength of 14,000 pounds.
(4)Â
Metal stakes shall be of sufficient strength to hold
and contain the load.
(5)Â
Connecting links and hooks shall be at least as strong
as the tie-down materials used.
Section 199-35 shall not apply to a person operating a vehicle to transport agricultural commodities in the normal operation of a farm. However, a person operating a vehicle to transport agricultural commodities in the normal operation of the farm who violates § 199-33 or 199-36 is guilty of a misdemeanor and shall be subject to the penalties prescribed in § 199-41.
Section 199-35A shall not apply to a motor vehicle transporting items of a load which because of the weight will not fall off the moving vehicle and which have their centers of gravity located at least six inches below the top of the enclosure nor to a motor vehicle carrying metal which because of its weight and entity is so loaded as to prevent it from dropping or falling off the moving vehicle.
Section 199-35A shall not apply to motor vehicles and other equipment engaged in work upon the surface of a highway or street in a designated work area.
A person who violates this article is guilty of a misdemeanor punishable
by a fine of not more than $500 or imprisonment for not more than 90 days,
or both.
As used in this article, the following terms shall have the meanings
indicated:
A chain which extends through the load of logs or tubular products
and is connected at each end to a side stake.
Sawlogs, pulpwood or tree-length poles.
A high-strength material which is used to secure the load of logs
or tubular products to the frame or the bed of the vehicle.
A vertical pile or stack of logs or tubular products.
