Load on Vehicle to be Covered Securely

10 CMC § 1321, under Public Roads and Streets.

10 CMC § 1321

Load on Vehicle to be Covered Securely. (a) No vehicle or equipment shall be driven or moved on any public road unless such vehicle or equipment is so constructed or loaded to prevent its contents from dropping, flying, shifting, leaking, or otherwise escaping from the vehicle or equipment. (b) A person operating a vehicle or equipment from which any objects have fallen or escaped, which could constitute an obstruction, damage a vehicle, litter a roadway, or otherwise endanger travel upon such public road shall immediately cause the public road to be cleared of such objects and shall be responsible for any cost therefore. (c) No person may operate a vehicle or equipment carrying any load on any public road unless the load and such covering as required by subsection (d) of this section from becoming loose, detached, or in any way or in any manner a hazard to other users of the public roads. (d) Any person operating a vehicle or equipment on a public highway with a load of dirt, sand, gravel or other material, regardless of size, which is susceptible to dropping, spilling, flying, leaking, or otherwise escaping from the vehicle shall cover the load so as to prevent spillage. Source: Rota LL 11-2, § 2. Commission Comment: Rota LL 11-2 which created this article took effect on July 21, 1999. Rota LL 11-2 contained purpose, severability, and savings clauses as follows: Section 1. Purpose. The purpose of this Act is to protect the health and safety of the general public by requiring the operator of a vehicle or equipment on public roads to properly secure and cover the load in the vehicle or equipment with a net, canvas, or other restraining device. ... Section 5. Severability. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. Section 6. Savings Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence at the date this Act becomes effective.