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S1132.....................................................by TRANSPORTATION
MOTOR VEHICLES - Adds to existing law to provide that no person shall
operate on any public highway open for public use any vehicle with a load
of gravel, rock, dirt or sand unless the load is securely covered to
prevent any of the load from escaping; to provide exemptions; and to
provide penalties.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1132
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO RULES OF THE ROAD; AMENDING CHAPTER 6, TITLE 49, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 49-620, IDAHO CODE, TO PROVIDE THAT NO PER-
4 SON SHALL OPERATE ON ANY PUBLIC HIGHWAY OPEN FOR PUBLIC USE ANY VEHICLE
5 WITH A LOAD OF GRAVEL, ROCK, DIRT OR SAND UNLESS THE LOAD IS SECURELY COV-
6 ERED TO PREVENT ANY OF THE LOAD FROM ESCAPING, TO PROVIDE EXEMPTIONS AND
7 TO PROVIDE PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 6, Title 49, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 49-620, Idaho Code, and to read as follows:
12 49-620. COVERING LOADS OF GRAVEL, ROCK, DIRT OR SAND -- EXEMPTIONS --
13 PENALTIES. (1) Except as provided in subsections (2) and (3) of this section,
14 no person shall operate on any public highway open for public use any vehicle
15 with a load of gravel, rock, dirt or sand unless the load is securely covered
16 to prevent any of the load from escaping; provided however, any rock or stone
17 larger than twelve (12) inches in diameter, which is secured by other means,
18 need not be covered to be in compliance with the provisions of this section.
19 (2) Nothing in this section shall be construed to prohibit a public main-
20 tenance vehicle from dropping sand on a highway to enhance traction, or sprin-
21 kling water or other substances to clean or maintain a highway.
22 (3) A person transporting a load of aggregate materials shall not be
23 required to cover the load if the load remains at least six (6) inches below
24 the upper edge of the cargo container area.
25 (4) Penalties.
26 (a) A violation of the provisions of this section is an infraction
27 offense. A conviction under this subsection (4)(a) shall not result in
28 violation point counts as prescribed in section 49-326, Idaho Code, nor
29 shall it be deemed to be a moving traffic violation for the purpose of
30 establishing rates of motor vehicle insurance charged by a casualty
31 insurer.
32 (b) It is a misdemeanor offense if a willful violation of the provisions
33 of this section results in serious bodily injury or death to an individ-
34 ual, or results in property damage in excess of one thousand dollars
35 ($1,000).
36 SECTION 2. This act shall be in full force and effect on and after Janu-
37 ary 1, 2008.
STATEMENT OF PURPOSE
RS 16965
This legislation amends Title 49 of Idaho Code to require the
covering or securing of loads of gravel, rock, dirt or sand while
operating a vehicle on public highways.
FISCAL IMPACT
There is no impact to the general fund.
Contact
Name: Sen. David Langhorst 332-1352
STATEMENT OF PURPOSE/FISCAL NOTE S 1132