§291C-131  Spilling loads on highways;
penalties.  (a)  No vehicle shall be moved on any highway, unless the
vehicle is so constructed, covered, or loaded as to prevent any of its load
other than clear water or feathers from live birds from dropping, sifting,
leaking, blowing, spilling, 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 highway in cleaning or maintaining the highway.



(b)  No vehicle shall be driven or moved on any
highway when any load thereon is not entirely within the body of the vehicle;
provided that this prohibition shall not apply if the load is securely fastened
by means of clamps, ropes, straps, cargo nets, or other suitable mechanical
device to prevent such load from dropping onto the highway or from shifting in
any manner and, further, no vehicle shall be operated on any highway with any
load thereon projecting beyond the extreme width of the vehicle.



(c)  Vehicles carrying agricultural produce
from fields during harvesting shall be exempt from the requirements of this
section but the owner of the vehicle must provide for the reasonable removal of
all such produce spilled or dropped on the highway.



(d)  No vehicle shall be driven or moved on any
highway with any load if the load is not entirely covered by a cargo net,
tarpaulin, canopy, or other material designed to cover the load to prevent the
load from escaping from the vehicle, where the load consists partially or
entirely of loose paper, loose rubbish, plastics, empty cartons, dirt, sand, or
gravel.



(e)  Vehicles transporting a granular load
consisting of dirt, sand, or gravel on any highway shall not be required to
cover their granular load if the granular load does not extend, at its peak,
above any point on a horizontal plane equal in height to the top of the side,
front, or rear part of the cargo container area that is the least in height.



(f)  No vehicle shall be driven or moved on any
highway with a load consisting of rocks, stones, or boulders if the load, at
its peak, extends above any point on a horizontal plane equal in height to the
top of the side, front, or rear part of the cargo container area that is the
least in height.



(g)  Violation of this section shall be considered
an offense as defined in section 701-107(5), shall not be subject to the
provisions of chapter 291D, and shall subject the owner or driver of the
vehicle, or both, to the following penalties without possibility of probation
or suspension of sentence:



(1)  For a first violation, by a fine of not less than
$250 and not more than $500.



(2)  For a second violation involving a vehicle or
driver previously cited under this section within one year:



(A)  Suspension of the vehicle registration or
suspension of the license of the driver, or both, for not less than five
working days but not more than ten working days; and



(B)  A fine of not less than $500 and not more
than $750.



(3)  For a third or subsequent violation involving a
vehicle or driver previously cited under this section within one year:



(A)  Suspension of the vehicle registration or
suspension of the license of the driver, or both, for a period of thirty
calendar days; and



(B)  A fine of not less than $750 and not more
than $1,000.



In imposing a fine under this subsection, the
court, in its discretion, may apportion payment of the fine between the driver
of the vehicle and the owner of the vehicle according to the court's
determination of the degree of fault for the violation.



For the purposes of this subsection, a
truck-trailer combination and tractor-semitrailer combination, as they are
defined in section 286-2, shall be considered as one vehicle. [L 1976, c 137,
§1; am L 1977, c 205, §1; am L 1986, c 175, §1; am L 1989, c 301, §1; am L 1990,
c 121, §1; am L 2000, c 100, §1]