BY REPRESENTATIVES Sullivant, Agler, Entz, Epps, Lawrence, Pankey, Paschall, Tupa, and Young;
also SENATORS Bishop, Arnold, Congrove, Hopper, Linkhart,
Rupert, Schroeder, and Tebedo.
CONCERNING THE SECURING OF AGGREGATE MATERIALS DURING
TRANSPORT BY MOTOR VEHICLE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Legislative
declaration. The general assembly hereby finds and declares
that there is a danger to the public from motor vehicles carrying
aggregate materials that are not properly secured. The general
assembly finds that it is necessary to require that persons transporting
such materials cover the material or otherwise secure the material
to prevent spillage.
SECTION 2. 4241407,
Colorado Revised Statutes, is amended to read:
4241407. Spilling loads
on highways prohibited prevention of spilling of aggregate.
(1) No vehicle shall be driven or moved on any highway
unless such vehicle is constructed or loaded or the load thereof
securely covered to prevent any of its load from BLOWING, dropping,
sifting, leaking, or otherwise escaping therefrom; except that
sand may be dropped for the purpose of securing traction or water
or other substance may be sprinkled on a roadway in cleaning or
maintaining such roadway.
(2) (a) NO VEHICLE SHALL BE DRIVEN
OR MOVED ON ANY HIGHWAY FOR A DISTANCE OF MORE THAN TWO MILES
IF THE VEHICLE IS TRANSPORTING AGGREGATE MATERIAL WITH A DIAMETER
OF ONE INCH OR LESS UNLESS:
(I) THE LOAD IS COVERED BY A TARP OR OTHER
COVER IN A MANNER THAT PREVENTS THE AGGREGATE MATERIAL FROM BLOWING,
DROPPING, SIFTING, LEAKING, OR OTHERWISE ESCAPING FROM THE VEHICLE;
OR
(II) THE VEHICLE UTILIZES OTHER TECHNOLOGY
THAT PREVENTS THE AGGREGATE MATERIAL FROM BLOWING, DROPPING, SIFTING,
LEAKING, OR OTHERWISE ESCAPING FROM THE VEHICLE.
(b) FOR THE PURPOSES OF THIS SECTION,
"AGGREGATE MATERIAL" MEANS ANY ROCK, CLAY, SILTS, GRAVEL,
LIMESTONE, DIMENSION STONE, MARBLE, AND SHALE.
(3) Any person who violates any provision
of this section commits a class B traffic infraction.
SECTION 3. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED June 1, 1998
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO