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BILL AS INTRODUCED 2007-2008

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S.262

Introduced by Senator Coppenrath of Caledonia District

Date:

Subject:  Motor vehicles; trucks; cargo

Statement of purpose:  This bill proposes to establish cover requirements for open vehicles transporting loose cargo.

AN ACT RELATING TO COVERING OPEN VEHICLES WHICH TRANSPORT LOOSE CARGO

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 1455 is added to read:

§ 1455.  COVERING OPEN VEHICLES WHICH TRANSPORT LOOSE CARGO

(a)  An open truck or trailer being used for the transportation of earth, sand, stone, or similar loose substances shall not be operated on any public highway unless the truck or trailer has a cover, tarpaulin, or other device of a type and specification approved by the commissioner of motor vehicles.  The cover shall completely close the opening on the truck or trailer while the truck or trailer is being operated.  However, the covering shall not be necessary under the following circumstances:

(1)  if the load is at least six inches below the top of the sides of the truck or trailer;

(2)  when a farmer is transporting his or her own farm products or materials incidental to the farming operations where the transporting requires incidental use of the highway; however, the farmer is not relieved of the duty to exercise reasonable care;

(3)  during the operation of municipal and state highway maintenance equipment;

(4)  during the operation within a highway construction zone of motorized highway building equipment as defined in section 4 of this title; or

(5)  during the operation of any vehicle on a highway when traveling less than 30 miles per hour.

(b)  The commissioner is authorized to adopt rules under the provisions of chapter 25 of Title 3 (Administrative Procedure Act) to implement this section.

(c)  The penalty for violation of this section shall be $2,500.00.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us