§291C-131  Spilling loads on highways;penalties.  (a)  No vehicle shall be moved on any highway, unless thevehicle is so constructed, covered, or loaded as to prevent any of its loadother than clear water or feathers from live birds from dropping, sifting,leaking, blowing, spilling, or otherwise escaping therefrom, except that sandmay be dropped for the purpose of securing traction, or water or othersubstance may be sprinkled on a highway in cleaning or maintaining the highway.

(b)  No vehicle shall be driven or moved on anyhighway 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 fastenedby means of clamps, ropes, straps, cargo nets, or other suitable mechanicaldevice to prevent such load from dropping onto the highway or from shifting inany manner and, further, no vehicle shall be operated on any highway with anyload thereon projecting beyond the extreme width of the vehicle.

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

(d)  No vehicle shall be driven or moved on anyhighway 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 theload from escaping from the vehicle, where the load consists partially orentirely of loose paper, loose rubbish, plastics, empty cartons, dirt, sand, orgravel.

(e)  Vehicles transporting a granular loadconsisting of dirt, sand, or gravel on any highway shall not be required tocover 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 anyhighway with a load consisting of rocks, stones, or boulders if the load, atits peak, extends above any point on a horizontal plane equal in height to thetop of the side, front, or rear part of the cargo container area that is theleast in height.

(g)  Violation of this section shall be consideredan offense as defined in section 701-107(5), shall not be subject to theprovisions of chapter 291D, and shall subject the owner or driver of thevehicle, or both, to the following penalties without possibility of probationor 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 ordriver previously cited under this section within one year:

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

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

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

(A)  Suspension of the vehicle registration orsuspension of the license of the driver, or both, for a period of thirtycalendar days; and

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

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

For the purposes of this subsection, atruck-trailer combination and tractor-semitrailer combination, as they aredefined 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]