Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 96 (2017GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/20/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines unsecured load;
• creates new penalties for certain violations;
• instructs the department, when possible, to educate the public regarding unsecured loads; and
• makes technical changes.

Every vote on this bill

Bill text

UNSECURED LOAD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Robert M. Spendlove
LONG TITLE
General Description:
This bill defines an unsecured load on a highway and creates new penalties for
operating a vehicle with an unsecured load on a highway.
Highlighted Provisions:
This bill:
▸ defines unsecured load;
▸ creates new penalties for certain violations;
▸ instructs the department, when possible, to educate the public regarding unsecured
loads; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-7-409
, as last amended by Laws of Utah 2016, Chapter 303
78A-5-110
, as last amended by Laws of Utah 2008, Chapter 22 and renumbered and
amended by Laws of Utah 2008, Chapter 3
78A-7-120
, as last amended by Laws of Utah 2012, Chapter 205
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-7-409
 is amended to read:
72-7-409.
Loads on vehicles -- Limitations -- Confining, securing, and fastening
load required -- Penalty.
(1) As used in this section:
(a) "Agricultural product" means any raw product which is derived from agriculture,
including silage, hay, straw, grain, manure, and other similar product.
(b) (i) "Unsecured load" means the contents of a vehicle, operated on a highway, not
sufficiently covered, confined, fastened, or otherwise secured in a way to prevent the contents
from escaping the vehicle.
(ii) "Unsecured load" includes materials such as dirt, sand, gravel, rock fragments,
pebbles, crushed base, aggregate, any other similar material, or scrap metal or other loose
material on any portion of the vehicle not designed to carry the material.
[
(b)
] 
(c)
 "Vehicle" [
has the same meaning set forth
] 
means the same as that term is
defined
 in Section 
41-1a-102
.
[
(2) A vehicle may not be operated or moved on any highway unless the vehicle is
constructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwise
escaping.
]
(2) Except as provided in Subsections (3) through (5), a person may not:
(a) operate a vehicle with an unsecured load on any highway; or
(b) operate a vehicle carrying trash or garbage without a covering over the entire load.
(3) (a) [
In addition to the requirements under Subsection (2), a
] 
A
 vehicle carrying dirt,
sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or
scrap metal shall have a covering over the entire load unless:
(i) the highest point of the load does not extend above the top of any exterior wall or
sideboard of the cargo compartment of the vehicle; and
(ii) the outer edges of the load are at least six inches below the top inside edges of the
exterior walls or sideboards of the cargo compartment of the vehicle.
[
(b) In addition to the requirements under Subsection (2), a vehicle carrying trash or
garbage shall have a covering over the entire load.
]
[
(c)
] 
(b)
 The following material is exempt from the provisions of Subsection (3)(a):
(i) hot mix asphalt;
(ii) construction debris or scrap metal if the debris or scrap metal is a size and in a form
not susceptible to being blown out of the vehicle;
(iii) material being transported across a highway between two parcels of property that
would be contiguous but for the highway that is being crossed; and
(iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers,
bags, or packaging.
[
(d)
] 
(c)
 A chemical substance capable of coating or bonding a load so that the load is
confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long
as the chemical substance remains effective at confining the load.
(4) [
Subsections (2) and (3) do
] 
Subsection (2) does
 not apply to a vehicle or
implement of husbandry carrying an agricultural product, if the agricultural product is:
(a) being transported in a manner which is not a hazard or a potential hazard to the safe
operation of the vehicle or to other highway users; and
(b) loaded in a manner that only allows minimal spillage.
(5) (a) An authorized vehicle performing snow removal services on a highway is
exempt from the requirements of this section.
(b) This section does not prohibit the necessary spreading of any substance connected
with highway maintenance, construction, securing traction, or snow removal.
[
(6) A person may not operate a vehicle with a load on any highway unless the load
and any load covering is fastened, secured, and confined to prevent the covering or load from
becoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to
other highway users.
]
[
(7) Before entering a highway, the operator of a vehicle carrying any material listed
under Subsection (3), shall remove all loose material on any portion of the vehicle not designed
to carry the material.
]
(6) (a) Any person suspected of operating a vehicle with an unsecured load on a
highway may be issued a warning.
[
(8) (a)
] 
(b)
 Any person who violates this section is guilty of
:
(i)
 an infraction[
.
]
, if the violation creates a hazard but does not lead to a motor vehicle
accident;
(ii) a class B misdemeanor, if the violation creates a hazard that leads to a motor
vehicle accident; or
(iii) a class A misdemeanor, if the violation creates a hazard that leads to a motor
vehicle accident that results in the serious bodily injury or death of a person.
[
(b)
] 
(c)
 A person who violates a provision of this section shall be fined not less than:
(i) $200 for a violation; or
(ii) $500 for a second or subsequent violation within three years of a previous violation
of this section.
[
(c)
] 
(d)
 A person who violates a provision of this section while operating a
commercial vehicle as defined in Section 
72-9-102
 shall be fined:
(i) not less than $500 for a violation; or
(ii) $1,000 for a second or subsequent violation within three years of a previous
violation of this section.
(7) As resources and opportunities allow, the department shall implement programs or
activities that increase public awareness on the importance of properly securing loads.
Section 2. Section 
78A-5-110
 is amended to read:
78A-5-110.
Allocation of district court fees and forfeitures.
(1) Except as provided in this section, district court fines and forfeitures collected for
violation of state statutes shall be paid to the state treasurer.
(2) Fines and forfeitures collected by the court for violation of a state statute or county
or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the
state treasurer and 1/2 to the treasurer of the state or local governmental entity which
prosecutes or which would prosecute the violation.
(3) Fines and forfeitures collected for violations of Title 23, Wildlife Resources Code
of Utah, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State Boating
Act, shall be paid to the state treasurer.
(a) For violations of Title 23, Wildlife Resources Code of Utah, the state treasurer shall
allocate 85% to the Division of Wildlife Resources and 15% to the General Fund.
(b) For violations of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
18, State Boating Act, the state treasurer shall allocate 85% to the Division of Parks and
Recreation and 15% to the General Fund.
(4) Fines and forfeitures collected for violation of Section 
72-7-404
 or 
72-7-406
, less
fees established by the Judicial Council, shall be paid to the state treasurer for deposit in the B
and C road account. Fees established by the Judicial Council shall be deposited in the state
General Fund. Money deposited in the class B and C road account is supplemental to the
money appropriated under Section 
72-2-107
 but shall be expended in the same manner as other
class B and C road funds.
(5) (a) Fines and forfeitures collected by the court for a second or subsequent violation
under Section 
41-6a-1713
 or Subsection [
72-7-409
(8)(b)
] 
72-7-409
(6)(c)
 shall be remitted:
(i) 60% to the state treasurer to be deposited in the Transportation Fund; and
(ii) 40% in accordance with Subsection (2).
(b) Fines and forfeitures collected by the court for a second or subsequent violation
under Subsection 
[
72-7-409
(8)(c)
] 
72-7-409
(6)(d)
 shall be remitted:
(i) 50% to the state treasurer to be deposited in the Transportation Fund; and
(ii) 50% in accordance with Subsection (2).
(6) Fines and forfeitures collected for any violations not specified in this chapter or
otherwise provided for by law shall be paid to the state treasurer.
(7) Fees collected in connection with civil actions filed in the district court shall be
paid to the state treasurer.
(8) The court shall remit money collected in accordance with Title 51, Chapter 7, State
Money Management Act.
Section 3. Section 
78A-7-120
 is amended to read:
78A-7-120.
Disposition of fines.
(1) Except as otherwise specified by this section, fines and forfeitures collected by a
justice court shall be remitted, 1/2 to the treasurer of the local government responsible for the
court and 1/2 to the treasurer of the local government which prosecutes or which would
prosecute the violation. An interlocal agreement created pursuant to Title 11, Chapter 13,
Interlocal Cooperation Act, related to justice courts may alter the ratio provided in this section
if the parties agree.
(2) (a) For violation of Title 23, Wildlife Resources Code of Utah, the court shall
allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the city or
county government responsible for the justice court.
(b) For violation of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
18, State Boating Act, the court shall allocate 85% to the Division of Parks and Recreation and
15% to the general fund of the city or county government responsible for the justice court.
(3) The surcharge established by Section 
51-9-401
 shall be paid to the state treasurer.
(4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
court for a violation of Section 
72-7-404
 or 
72-7-406
 regarding maximum weight limitations
and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
Council, shall be paid to the state treasurer and distributed to the class B and C road account.
(5) Revenue deposited in the class B and C road account pursuant to Subsection (4) is
supplemental to the money appropriated under Section 
72-2-107
 but shall be expended in the
same manner as other class B and C road funds.
(6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
under Section 
41-6a-1713
 or Subsection 
[
72-7-409
(8)(b)
] 
72-7-409
(6)(c)
 shall be remitted:
(i) 60% to the state treasurer to be deposited in the Transportation Fund; and
(ii) 40% in accordance with Subsection (1).
(b) Fines and forfeitures collected by the court for a second or subsequent violation
under Subsection 
[
72-7-409
(8)(c)
] 
72-7-409
(6)(d)
 shall be remitted:
(i) 50% to the state treasurer to be deposited in the Transportation Fund; and
(ii) 50% in accordance with Subsection (1).