AN EXAMINATION OF LOAD SECUREMENT LAWS IN SELECTED STATES PERTAINING TO THE USE OF TRUCK TARPS FOR THE HAULING OF AGGREGATES Prepared for CalCIMA California Construction and Industrial Materials Association 1029 J St., Suite 420 Sacramento, CA 95814 March, 2007 Prepared by Sharon Prager e concepts San Mateo, CA (650)579-5839
[email protected] TABLE OF CONTENTS PAGE FORWARD………………………………………………… 3 EXECUTIVE SUMMARY…………………………………. 5 INTRODUCTION…………………………………………. 7 METHODOLOGY………………………………………… 9 FINDINGS…………………………………………………. 11 RESULTS AND CONCLUSION…………………………... 40 APPENDIX………………………………………………… 42 2 FOREWORD When I started this truck tarp study I was warned that reading state statutes on load securement could serve as an inexpensive sleep aid. Yet, while this venture has often veered between fascinating and frustrating (and sometimes both at the same time), it has never been boring. Although many laws are similar, states differ in their approach, actual practices, and enforcement. In common with many other ordinances, decisions whether to cover dump trucks reflect the shared interests and common values of the residents who live in these jurisdictions. From an expert’s point of view, sometimes such laws are a response to fictions more than realities, but in a democracy it is difficult to deny the legitimacy of public opinion. From both the perspective of the public and of the trucking and aggregate industries, Walter Lippmann may have said it best: “Looking back we can see how indirectly we know the environment in which nevertheless we live.” If this study helps illuminate issues that directly affect the performance of the trucking and aggregate industries in the public arena, then it will have helped make a contribution.