§ 28-1098 — Vehicle loads; restrictions; exception; civil penalties

A. For the purpose of highway safety or air pollution prevention, a person shall not drive or move a vehicle on a highway, street or roadway unless the vehicle is constructed or loaded in a manner to prevent any of its load from dropping, sifting, leaking or otherwise escaping from the vehicle, except the following are allowed:

1. Sufficient sand may be dropped for the purpose of securing traction.

2. Water or another substance may be sprinkled on a roadway in cleaning or maintaining the roadway.

3. Minor pieces of agricultural materials such as leaves and stems from agricultural loads or equipment.

B. A person shall not operate a vehicle on a highway, street or roadway with a load unless the load and any covering on the load are securely fastened in a manner to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway, street or roadway.

C. This section does not apply to a vehicle when the vehicle is being used for agricultural purposes on a farm.

D. If a person is found in violation of this section and the violation:

1. Does not cause any damage or injury and is the person's:

(a) First violation in a sixty-month period, the person is subject to a civil penalty of not more than $250.

(b) Second or subsequent violation in a sixty-month period, the person is subject to a civil penalty of not more than $350.

2. Results in an accident causing serious physical injury as defined in section 13-105 to another person, the person is subject to a civil penalty of not more than $500.

3. Results in an accident causing the death of another person, the person is subject to a civil penalty of not more than $1,000.