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House Engrossed Senate Bill
vehicle loads; restrictions |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1376 |
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An Act
amending section 28-1098, Arizona Revised Statutes; relating to vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1098, Arizona Revised Statutes, is amended to read:
28-1098. Vehicle loads; restrictions; exception; 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, street or roadway 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 allowed:
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 or equipment.
B. A person shall not operate a vehicle on a highway, street or roadway 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, street or roadway.
C. This section does not apply to a vehicle when the vehicle is being used for agricultural purposes on a farm.
C. d. 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 sixty-month period, the person is subject to a civil penalty of not more than two hundred fifty dollars $250.
(b) Second or subsequent violation in a sixty month sixty-month period, the person is subject to a civil penalty of not more than three hundred fifty dollars $350.
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 $500.
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 $1,000.