This bill enacts the "Sergeant Chris Jenkins Law," which makes it an offense for a person to operate a motor vehicle on a public roadway while carrying an item in an open bed or trailer that is not firmly secured by adequate means to prevent the item from falling onto the roadway.
Additionally, this bill requires the following:
(1) An item with a weight of at least 2.2 pounds or at least one kilogram must be secured by a web-derived strap with a tensile strength having a minimum working load limit of half the weight of the item. Each strap must be fitted with end fasteners that are greater than or equal to the tensile strength of the strap;
(2) A motor vehicle that is specifically transporting a ladder for either residential or commercial purposes must be secured with two lateral straps affixed at both ends of the ladder; and
(3) A motor vehicle transporting loose items weighing less than one kilogram or less than 2.2 pounds must use a fiber netting or a web derived strap meeting the specifications in (1) above to contain the item in the open bed or trailer.
A violation of this bill is a Class C misdemeanor.
This bill also clarifies that the bill does not alter or amend requirements for commercial motor vehicles under current law and promulgated rules.
ON MARCH 9, 2023, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 353, AS AMENDED.
AMENDMENT #2 rewrites this bill to make it a Class C misdemeanor offense for a person to operate a motor vehicle upon a public roadway while transporting a ladder on the motor vehicle or in an open bed or trailer, if the ladder falls onto the roadway and causes or contributes to a motor vehicle accident. A violation of this bill will be enhanced to a Class A misdemeanor if death or bodily injury results from the motor vehicle accident.