22.0331 Vehicle loads.

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No vehicle may be driven or moved on any highway:

(1) Unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom;

(2) When any load thereon is not entirely within the body of the vehicle. This prohibition does not apply if the load is securely fastened by means of clamps, ropes, straps, cargo nets, or other suitable mechanical devices to prevent such load from dropping onto the highway or from shifting in any manner.

(3) With any load consisting partially or entirely of loose paper, empty cartons, crates or any other material susceptible to being blown or carried by the wind, unless such load is entirely covered by a tarpaulin, net, canopy or other suitable material, effectively preventing any part of such load from being blown or carried by the wind. This paragraph does not apply to any vehicle carrying a load consisting entirely of soil, sand, coral or gravel if such load is wetted down to prevent particles thereof from being blown or carried by the wind.

(4) While any occupant thereof is riding on a load which exceeds the height of the body of the vehicle.

History: 1972, PL 12-65 § 1.

Case Notes:

Statute regulating height of truckloads was enacted to protect innocent bystanders, and court would not trivialize this protection by redressing the failure of one contracting party to compensate another for systematic over loading of trucks in violation of the statute. A.S.C.A. § 22.0331. R.P. Porter International, Inc., v. Pacific International Engineering, Ltd., 11 A.S.R.2d 124 (1989).