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Guide to Commercial Vehicle Covering and Cargo Control Laws

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Guide to Commercial Vehicle Covering and Cargo Control Laws 1 2015 U.S. AND CANADA Guide to Commercial Vehicle Covering and Cargo Control Laws Tarp Association INDUSTRIAL FABRICS ASSOCIATION INTERNATIONAL IFAI.com Guide to Commercial Vehicle Covering and Cargo Control Laws US and Canada Covering Laws Cargo Securement Rules Published by the Tarp Association A division of the Industrial Fabrics Association International 1801 County Rd B W Roseville MN 55113-4061 USA Phone: 800 225 4324 or + 1 651 222 2508 Fax: +1 651 631 9334 Tarp Association – Mission Statement To identify, promote and enhance the common interests of Tarp Association members. Tarp Association – Who we are The IFAI Tarp Association represents manufacturers of truck tarps and covers, agricultural tarps and covers, daily waste tarps, field covers and gym floor tarps. The Division monitors state and federal covering laws and creates new business opportunities by promoting the use of tarps at trade shows throughout the year. IFAI Expo Anaheim, CA October 6-9, 2015 IFAI Expo visits sunny southern California with its premier textile trade show event, featuring: The broadest marketplace connecting thousands of attendees with more than 400 exhibitors Global connections and networking through events, education and meetings Comprehensive programming to generate ideas, provide solutions and promote business growth Numerous experiences showcasing the breadth and innovation of the industry 1 © 2015 Industrial Fabrics Association International Page Table of Contents Introduction....................... 3 Covering Laws.................... 4-113 United States and Puerto Rico Alabama.............................. 4-6 Oregon................................ 72 Alaska................................. 7 Pennsylvania...................... 73-74 Arizona............................... 8 Rhode Island...................... 75 Arkansas............................. 9 South Carolina................... 76-77 California............................ 10-11 South Dakota...................... 78 Colorado............................. 12-13 Tennessee.......................... 79-80 Connecticut........................ 14-15 Texas.................................. 81-82 Delaware............................ 16 Utah.................................... 83-84 District of Columbia........... 17 Vermont............................. 85 Florida............................... 18-19 Virginia............................... 86 Georgia............................... 20-21 Washington........................ 87-88 Hawaii................................. 22-23 West Virginia..................... 89 Idaho................................... 24-33 Wisconsin........................... 90-91 Illinois................................. 34 Wyoming............................ 92 Indiana................................ 35-37 Puerto Rico........................ 93 Iowa.................................... 38 Kansas................................. 39 Canada Kentucky............................. 40 Alberta ............................... 94 Louisiana............................ 41-42 British Columbia ............... 95-99 Maine.................................. 43-44 Manitoba............................ 100-101 Maryland............................ 45-47 New Brunswick................. 102 Massachusetts.................... 48 Newfoundland................... 103 Michigan............................. 49-50 Nova Scotia........................ 104-109 Minnesota........................... 51 Ontario............................... 110 Mississippi.......................... 52 Quebec................................ 111 Missouri.............................. 53 Saskatchewan.................... 112 Montana.............................. 54 Yukon ................................ 113 Nebraska............................ 55 Nevada................................ 56 New Hampshire................. 57-59 Cargo Securement Rules... 114-140 New Jersey.......................... 60 New Mexico........................ 61 New York............................ 62 North Carolina................... 63-68 North Dakota...................... 69 Ohio..................................... 70 Oklahoma........................... 71 2 Page COMMERCIAL VEHICLE COVERING LAWS UNITED STATES AND CANADA - 2015 This directory lists the applicable laws of all states and provinces that require the covering of dump trucks and motor vehicles with a tarpaulin or laws to restrict the spillage of loads on highways. This directory covers information obtained through research conducted in the winter of 2015 by the Tarp Association of the Industrial Fabrics Association International (IFAI). Notice and Disclaimer: The information contained in this directory was obtained electronically. These laws are subject to change. Consult local jurisdiction for updated laws and regulations. All information is © its respective state and provincial authors. IFAI claims no authorship of the following and compiled these laws as a free service; IFAI does not seek to and will not profit from their publication in any way. 3 Page ALABAMA Applicable Sections(s) 32-5-76 & 13A-7-29 32-5-76. Spilling Loads or Litter; Penalty (a) Whoever willfully and knowingly operates, owns, or causes to be operated on any public highway, road, street, or public right-of-way a motor vehicle so loaded with gravel, rock, slag, bricks, in such manner or in such condition that the contents of the vehicle spill out and cause it to be deposited upon the highway, road, street, or public right-of-way is guilty of a Class C misdemeanor and upon conviction shall be fined not more than $500.00, pursuant to Section 13A-7-29, the criminal littering statute. (b) No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from 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. (c) Whoever willfully and knowingly operates, owns, or causes to be operated on a public highway, road, street, or public right-of-way, a motor vehicle in such manner or in such condition that litter is caused or allowed to be deposited upon the highway, road, or street or public right-of-way, is guilty of a Class C misdemeanor and upon conviction shall be fined not more than $500.00, pursuant to Section 13A-7-29, the criminal littering statute. Any agricultural product in its natural state that is unintentionally deposited upon a highway, road, street, or public right-of-way does not constitute litter for purposes of this section or Section 13A-7-29. (Acts 1927, No. 347, p. 348; Code 1940, T. 36, §39; Acts 1949, No. 517, p. 754, §9; Acts 1971, No. 1419, p. 2423; Acts 1989, No. 89-661, p. 1314, §1; Act 2001-469, p. 623, §1.) 13A-7-29. Criminal littering. (a) A person commits the crime of criminal littering if he or she engages in any of the following acts: (1) Knowingly deposits in any manner litter on any public or private property or in any public or private waters, having no permission to do so. For purposes of this subdivision, items found in an accumulation of garbage, trash, or other discarded material including, but not limited to, bank statements, utility bills, bank card bills, and other financial documents, clearly bearing the name of a person shall constitute a rebuttable presumption that the person whose name appears thereon knowingly deposited the litter. Advertising, marketing, and campaign materials and literature shall not be sufficient to constitute a rebuttable presumption of criminal littering under this subsection. (2) Negligently deposits in any manner glass or other dangerously pointed or edged objects on or adjacent to water to which the public has lawful access for bathing, swimming, or fishing, or on or upon a public highway, or within the right-of-way thereof. 4 Page (3) Discharges sewage, oil products, or litter from a watercraft vessel of more than 25 feet in length into a river, inland lake, or stream within the state or within three miles of the shoreline of the state. (4) a. Drops or permits to be dropped or thrown upon any highway any destructive or injurious material and does not immediately remove the same or cause it to be removed; or b. Removes a wrecked or damaged vehicle from a highway and does not remove glass or other injurious substance dropped upon the highway from such vehicle. (b) "Litter" means rubbish, refuse, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris, or any foreign substance of whatever kind and description, and whether or not it is of value. Any agricultural product in its natural state that is unintentionally deposited on a public highway, road, street, or public right-of-way shall not be deemed litter for purposes of this section or Section 32-5-76. Any other law or ordinance to the contrary notwithstanding, the unintentional depositing of an agricultural product in its natural state on a public highway, road, street, or right-of-way shall not constitute unlawful littering or any similarly prohibited activity. (c) It is no defense under subsections (a)(3) and (a)(4) that the actor did not intend, or was unaware of, the act charged. (d) Criminal littering is a Class C misdemeanor. The minimum fine for the first conviction shall be two hundred fifty dollars ($250), and the fine for the second and any subsequent conviction shall be five hundred dollars ($500) for each
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