READ FIRST TIME 02/19/13.   

     AN ACT Relating to covering loads on public highways; amending RCW 46.61.655; and providing an effective 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 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) From August 1, 2013, through June 30, 2015: Any vehicle operating on a paved public highway with a load of dirt, sand, rocks, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping ((therefrom shall)) from the vehicle must be covered so as to prevent spillage((.)); and the covering of such loads is not required if six inches of freeboard is maintained within the bed, but if a vehicle hauling such loads is equipped with a cover the cover must be used.
     (b) After June 30, 2015: Any vehicle over eighty-five hundred pounds gross vehicle weight operating on a paved public highway with a load of dirt, sand, rocks, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping from the vehicle must be covered so as to prevent spillage.
     (c)(i) The department of transportation, counties, and cities are exempt from the requirements in (a) and (b) of this subsection if the vehicle is:
     (A) Applying sand or deicers for snow and ice control;
     (B) Performing maintenance operations in response to emergency events; or
     (C) Performing maintenance operations within work zones where roads or sections of roads are closed to the public.
     (ii) The department of transportation, counties, and cities must continue to maintain the requirement of six inches of freeboard on the types of loads described in (c)(i) of this subsection.
     (d) The Washington state patrol must conduct random emphasis patrols to enforce the covering of loads requirements under this section.
     (e) (a) and (b) of this subsection do not apply to farm vehicles carrying farm commodities.
     (f) (a) and (b) of this subsection do not apply to vehicles traveling on gravel roads.
     (g) For purposes of this subsection (3), "cover" means a tarp, other informal covering device, or a manufactured cover to fit a vehicle, which is securely fastened to the vehicle to cover the load that the vehicle is hauling.
     (h) For the purposes of this subsection (3), "susceptible to being dropped, spilled, leaked, or otherwise escaping" means that the load, or particles, portions, or pieces of the load, is of such a low density that the load, or particles, portions, or pieces of the load, can be influenced by wind, other atmospheric and weather conditions, or road conditions.
     (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 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.

NEW SECTION.  Sec. 2   This act takes effect August 1, 2013.