28-1098. Vehicle loads; restrictions; civil
penalties


A. For the purpose of highway safety or air pollution prevention, a person shall
not drive or move a vehicle on a highway unless the vehicle is constructed or loaded in a
manner to prevent any of its load from dropping, sifting, leaking or otherwise escaping
from the vehicle, except the following are permitted:


1. Sufficient sand may be dropped for the purpose of securing traction.


2. Water or another substance may be sprinkled on a roadway in cleaning or
maintaining the roadway.


3. Minor pieces of agricultural materials such as leaves and stems from
agricultural loads.


B. A person shall not operate a vehicle on a highway with a load unless the load
and any covering on the load are securely fastened in a manner to prevent the covering or
load from becoming loose, detached or in any manner a hazard to other users of the
highway.


C. If a person is found in violation of this section and the violation:


1. Does not cause any damage or injury and is the person's:


(a) First violation in a sixty month period, the person is subject to a civil
penalty of not more than two hundred fifty dollars.


(b) Second or subsequent violation in a sixty month period, the person is subject to
a civil penalty of not more than three hundred fifty dollars.


2. Results in an accident causing serious physical injury as defined in section
13-105 to another person, the person is subject to a civil penalty of not more than five
hundred dollars.


3. Results in an accident causing the death of another person, the person is
subject to a civil penalty of not more than one thousand dollars.