BILL REQ. #:  S-1645.4 

READ FIRST TIME 03/02/09.   

     AN ACT Relating to covering vehicular loads of dirt, sand, or gravel; amending RCW 46.61.655 and 46.61.655; prescribing penalties; providing an effective date; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.61.655 and 2005 c 431 s 1 are each amended to read as follows:
     (1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand or de-icer may be dropped for the purpose of securing traction.
     (2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
     (3)(a) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.
     (b) Any vehicle with a model year of 2011 or later that has a gross vehicle weight rating of 16,001 pounds or more, and is designed primarily to haul loads of materials, such as dirt, sand, or gravel, must be equipped with a permanently affixed manual or automated load covering device, and any person operating the vehicle on a public highway with a load of dirt, sand, or gravel must engage the load covering device.
     (c) Any person operating a vehicle on public highways is exempt from this subsection (3) under the following circumstances:
     (i) When operating a vehicle on any public highway in response to emergency conditions, including flooding or natural disaster;
     (ii) When operating a vehicle on any public highway that is closed for repair or emergency purposes; or
     (iii) When operating a vehicle on any public highway for the purpose of dropping sand or de-icer on the roadway pursuant to instruction from a state or local authority.
     (4)(a) Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.
     (b) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.
     (5) The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.
     (6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand or de-icer on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.
     (7)(a)(i) A person is guilty of failure to secure a load in the first degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section and causes substantial bodily harm to another.
     (ii) Failure to secure a load in the first degree is a gross misdemeanor.
     (b)(i) A person is guilty of failure to secure a load in the second degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1) or (2) of this section and causes damage to property of another.
     (ii) Failure to secure a load in the second degree is a misdemeanor.
     (c) A person who fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section is guilty of an infraction if such failure does not amount to a violation of (a) or (b) of this subsection.
     (8) Whenever a person who is operating a vehicle on a public highway in the course of the person's employment violates this section, the person's employer is liable for a monetary penalty of one thousand dollars. A person's employer must not be charged a monetary penalty under this subsection (8) if, prior to the violation, the person's employer installed a permanently affixed load covering device to a vehicle and the person failed to engage the load covering device when hauling loads of dirt, sand, or gravel on a public highway.

Sec. 2   RCW 46.61.655 and 2005 c 431 s 1 are each amended to read as follows:
     (1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand or de-icer may be dropped for the purpose of securing traction.
     (2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
     (3)(a) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. ((Covering of such loads is not required if six inches of freeboard is maintained within the bed.))
     (b) Any vehicle with a model year of 2011 or later that has a gross vehicle weight rating of 16,001 pounds or more, and is designed primarily to haul loads of materials, such as dirt, sand, or gravel, must be equipped with a permanently affixed manual or automated load covering device, and any person operating the vehicle on a public highway with a load of dirt, sand, or gravel must engage the load covering device.
     (c) Any person operating a vehicle on public highways is exempt from this subsection (3) under the following circumstances:
     (i) When operating a vehicle on any public highway in response to emergency conditions, including flooding or natural disaster;
     (ii) When operating a vehicle on any public highway that is closed for repair or emergency purposes; or
     (iii) When operating a vehicle on any public highway for the purpose of dropping sand or de-icer on the roadway pursuant to instruction from a state or local authority.
     (4)(a) Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.
     (b) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.
     (5) The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.
     (6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand or de-icer on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.
     (7)(a)(i) A person is guilty of failure to secure a load in the first degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section and causes substantial bodily harm to another.
     (ii) Failure to secure a load in the first degree is a gross misdemeanor.
     (b)(i) A person is guilty of failure to secure a load in the second degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1) or (2) of this section and causes damage to property of another.
     (ii) Failure to secure a load in the second degree is a misdemeanor.
     (c) A person who fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section is guilty of an infraction if such failure does not amount to a violation of (a) or (b) of this subsection.
     (8) Whenever a person who is operating a vehicle on a public highway in the course of the person's employment violates this section, the person's employer is liable for a monetary penalty of one thousand dollars. A person's employer must not be charged a monetary penalty under this subsection (8) if, prior to the violation, the person's employer installed a permanently affixed load covering device to a vehicle and the person failed to engage the load covering device when hauling loads of dirt, sand, or gravel on a public highway.

NEW SECTION.  Sec. 3   Section 1 of this act expires January 1, 2014.

NEW SECTION.  Sec. 4   Section 2 of this act takes effect January 1, 2014.