Stricken language would be deleted from and underlined language would be added to present law.
*DTP072* 1/25/2023 12:38:45 PM DTP072
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 120 3
4
By: Senator F. Love 5
6
For An Act To Be Entitled 7
AN ACT TO AMEND THE LAW REQUIRING COVERS FOR LOADS TO 8
AVOID SPILLING LOADS ON HIGHWAYS; AND FOR OTHER 9
PURPOSES. 10
11
12
Subtitle 13
TO AMEND THE LAW REQUIRING COVERS FOR 14
LOADS TO AVOID SPILLING LOADS ON 15
HIGHWAYS. 16
17
18
19
20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. Arkansas Code § 27 -35-101 is amended to read as follows: 24
27-35-101. Violations. 25
Except as provided under § 27 -35-110(d), It it is a misdemeanor for any 26
person to drive or move, or for the owner to cause or knowingl y permit to be 27
driven or moved, on any highway, any vehicle of a size or weight exceeding 28
the limitations stated in this chapter or otherwise in violation of this 29
chapter. 30
31
SECTION 2. Arkansas Code § 27 -35-110 is amended to read as follows: 32
27-35-110. Spilling loads on highways prohibited — Covers required for 33
loads of sand, gravel, and rock certain loads — Exceptions Penalty. 34
(a) No vehicle A person shall not be driven or moved on any highway 35
unless the operate a motor vehicle on a highway unless the motor vehicle is 36 SB120
2 1/25/2023 12:38:45 PM DTP072
so constructed or loaded as to prevent any of its load from dropping, 1
sifting, leaking, or otherwise escaping therefrom from the vehicle, except 2
that:. 3
(b)(1) Sand may be dropped for the purpose of securing traction ,; or 4
(2) water Water or other substance may be sprinkled on a roadway 5
in cleaning or maintaining the roadway. 6
(2) A cover or tarp: 7
(A) Is mandatory when a motor vehicle's cargo consists of 8
sand, gravel, rock, cement trash, or any other product that may be a hazard 9
to other users of the highway; and 10
(3) Shall cover the complete cargo area. 11
(c) (b) For a motor vehicle or a trailer with an open bed manufactured 12
after September 30, 2001, no sand, gravel, or rock shall be transported on 13
the paved public streets and h ighways of this state in a motor vehicle or 14
trailer with an open bed unless the open bed is securely covered with a 15
material which will prevent the load from dropping, sifting, leaking, or 16
otherwise escaping therefrom. The cover shall be securely fastened to prevent 17
the covering from becoming loose, detached, or in any manner a hazard to 18
other users of the highway A person shall not operate a motor vehicle on a 19
highway with a load unless the load and its covering are securely fastened to 20
prevent the load or covering from becoming loose, detached, or otherwise 21
creating a hazard to other motorists . 22
(c) A cover or tarp that completely covers the entire cargo area is 23
required when the load consists of sand, gravel, rock, cement trash, or other 24
product whose spillage may create a hazard to other motorists. 25
(d) For a motor vehicle or a trailer with an open bed manufactured on 26
or before September 30, 2001, a vehicle with an open bed transporting sand, 27
gravel, or rock is required to be covered as prescribed in subsection (c) of 28
this section unless six inches (6") of freeboard is maintained at the 29
perimeter of the load within the open bed of the vehicle or trailer carrying 30
the load. Measurements are to be taken at the perimeter of the vehicle's or 31
trailer's bed and measured from the top edge of the bed down to the sand, 32
gravel, or rock being transported The owner or operator of a motor vehicle in 33
violation of this section upon conviction shall be fined at least one hundred 34
dollars ($100) but not more than five hun dred dollars ($500). 35
36