Senate Engrossed

 

vehicle loads; restrictions

 

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

SENATE BILL 1376

 

 

 

 

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:

START_STATUTE28-1098. Vehicle loads; restrictions; 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.

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. 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. END_STATUTE