Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 120
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5 By: Senator F. Love
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE LAW REQUIRING COVERS FOR LOADS TO
9 AVOID SPILLING LOADS ON HIGHWAYS; AND FOR OTHER
10 PURPOSES.
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12
13 Subtitle
14 TO AMEND THE LAW REQUIRING COVERS FOR
15 LOADS TO AVOID SPILLING LOADS ON
16 HIGHWAYS.
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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24 SECTION 1. Arkansas Code § 27-35-101 is amended to read as follows:
25 27-35-101. Violations.
26 Except as provided under § 27-35-110(d), It it is a misdemeanor for any
27 person to drive or move, or for the owner to cause or knowingly permit to be
28 driven or moved, on any highway, any vehicle of a size or weight exceeding
29 the limitations stated in this chapter or otherwise in violation of this
30 chapter.
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32 SECTION 2. Arkansas Code § 27-35-110 is amended to read as follows:
33 27-35-110. Spilling loads on highways prohibited — Covers required for
34 loads of sand, gravel, and rock certain loads — Exceptions Penalty.
35 (a) No vehicle A person shall not be driven or moved on any highway
36 unless the operate a motor vehicle on a highway unless the motor vehicle is
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1 so constructed or loaded as to prevent any of its load from dropping,
2 sifting, leaking, or otherwise escaping therefrom from the vehicle, except
3 that:.
4 (b)(1) Sand may be dropped for the purpose of securing traction,; or
5 (2) water Water or other substance may be sprinkled on a roadway
6 in cleaning or maintaining the roadway.
7 (2) A cover or tarp:
8 (A) Is mandatory when a motor vehicle's cargo consists of
9 sand, gravel, rock, cement trash, or any other product that may be a hazard
10 to other users of the highway; and
11 (3) Shall cover the complete cargo area.
12 (c) (b) For a motor vehicle or a trailer with an open bed manufactured
13 after September 30, 2001, no sand, gravel, or rock shall be transported on
14 the paved public streets and highways of this state in a motor vehicle or
15 trailer with an open bed unless the open bed is securely covered with a
16 material which will prevent the load from dropping, sifting, leaking, or
17 otherwise escaping therefrom. The cover shall be securely fastened to prevent
18 the covering from becoming loose, detached, or in any manner a hazard to
19 other users of the highway A person shall not operate a motor vehicle on a
20 highway with a load unless the load and its covering are securely fastened to
21 prevent the load or covering from becoming loose, detached, or otherwise
22 creating a hazard to other motorists.
23 (c) A cover or tarp that completely covers the entire cargo area is
24 required when the load consists of sand, gravel, rock, cement trash, or other
25 product whose spillage may create a hazard to other motorists.
26 (d) For a motor vehicle or a trailer with an open bed manufactured on
27 or before September 30, 2001, a vehicle with an open bed transporting sand,
28 gravel, or rock is required to be covered as prescribed in subsection (c) of
29 this section unless six inches (6") of freeboard is maintained at the
30 perimeter of the load within the open bed of the vehicle or trailer carrying
31 the load. Measurements are to be taken at the perimeter of the vehicle's or
32 trailer's bed and measured from the top edge of the bed down to the sand,
33 gravel, or rock being transported The owner or operator of a motor vehicle in
34 violation of this section upon conviction shall be fined at least one hundred
35 dollars ($100) but not more than five hundred dollars ($500).
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