HOUSE 2nd Reading Unamended February 4, 2005First Regular Session Sixty-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 05-0495.01 Jery Payne HOUSE BILL 05-1011 HOUSE SPONSORSHIP Riesberg, SENATE SPONSORSHIP Williams, House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning the prohibition on the transportation of certain loads on the highway without appropriately securing such load from escaping the motor vehicle. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Exempts a transporter of trash and recyclables from covering a load, or utilizing equivalent technology, when the vehicle is loaded in such a manner, or the nature of the load is such, that the contents will not escape from the vehicle. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 42-4-1407 (2.4) (a), Colorado Revised Statutes, is amended to read: 42-4-1407. Spilling loads on highways prohibited - prevention of spilling of aggregate, trash, or recyclables. (2.4) (a) A vehicle shall not be driven or moved on a highway if the vehicle is transporting trash or recyclables unless at least one of the following conditions is met: (I) The load is covered by a tarp or other cover in a manner that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle; (II) The vehicle utilizes other technology that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle; or (III) The load is required to be secured under 49 CFR parts 392 and 393; or (IV) The vehicle is loaded in such a manner or the load itself has physical characteristics such that the contents will not escape from the vehicle. Such a load may include, but is not limited to, heavy scrap metal or hydraulically compressed scrap recyclables. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.