Second Regular Session
Sixty-first General Assembly
LLS NO. 980158.01 EBD
HOUSE BILL 981289
STATE OF COLORADO
BY REPRESENTATIVE Mace
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING THE SECURING OF VEHICLE LOADS DURING TRANSPORT
BY A 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.)
Forbids vehicles from operation on any highway unless the vehicle is constructed or loaded or the load is covered to prevent any of its load from blowing out of the vehicle.
Requires that aggregate material with a diameter of one inch or less transported in a motor vehicle for a distance of 2 miles or more either be covered with a tarp or other cover or secured using other technology.
Requires that garbage and trash that is transported by a vehicle either be covered with a tarp or other cover or secured using other technology.
Exempts farm products from such requirements if the
farm products are carried by a farmer or rancher, or agent of
a farmer or rancher, and such farm products are not likely to
cause injury or property damage if small amounts of such products
escape.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 4241407, Colorado Revised Statutes, is amended to read:
4241407. Spilling loads on highways prohibited prevention of spilling of loads. (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, SHALE, ASPHALT, OR SIMILAR SUBSTANCES.
(3) NO VEHICLE SHALL BE DRIVEN OR MOVED ON ANY HIGHWAY IF THE VEHICLE IS TRANSPORTING TRASH, GARBAGE, OR OTHER WASTE UNLESS:
(a) THE LOAD IS COVERED BY A TARP OR OTHER COVER IN A MANNER THAT PREVENTS THE TRASH, GARBAGE, OR OTHER WASTE FROM BLOWING, DROPPING, SIFTING, LEAKING, OR OTHERWISE ESCAPING FROM THE VEHICLE; OR
(b) THE VEHICLE UTILIZES OTHER TECHNOLOGY THAT PREVENTS THE TRASH, GARBAGE, OR OTHER WASTE FROM BLOWING, DROPPING, SIFTING, LEAKING, OR OTHERWISE ESCAPING FROM THE VEHICLE.
(4) NOTHING IN THIS SECTION SHALL APPLY TO A VEHICLE DRIVEN OR MOVED ON A HIGHWAY BY A FARMER OR RANCHER, OR AN AGENT OF A FARMER OR RANCHER, WHEN TRANSPORTING FARM PRODUCTS OF A SIZE AND DENSITY NOT LIKELY TO CAUSE INJURY TO PERSONS OR DAMAGE TO PROPERTY IF SMALL AMOUNTS OF SUCH FARM PRODUCTS ESCAPE FROM A VEHICLE.
(5) Any person who violates any provision of this section commits a class B traffic infraction.
SECTION 2. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to acts committed on or after said date.
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.