When Must You Legally ‘Tarp Your Load’ in New York State?
Ever find yourself in a situation where you are following a truck on say 9W or any other road in New York State and there is a rock or construction debris falling not only all of the roadway, but also on to your car? Or maybe even your windshield?
Believe it or not, New York State says that is a 'no go' and they can even fine someone for not having their load properly tarped. It all comes down to the New York State Department of Transportation and the Department of Environmental Control, they have the say as to whether a driver can be fined. Here is what the law says, section 308 of the NYS Vehicle and Traffic Law:
It shall be unlawful to operate on any public highway any open truck or trailer being utilized for the transportation of any loose substances, unless said truck or trailer has a cover, tarpaulin or other device of a type and specification approved by the commissioner of transportation which completely closes in the opening on the said truck or trailer while said truck or trailer shall be so operated, so as to prevent the falling of any such substances therefrom. However, if the load is arranged so that no loose substance can fall from or blow out of such truck, the covering is not necessary.
So what does this mean? If you are transporting anything that can fly out of the car or the car/truck bed, then it will need to be tarped. If you can arranged everything in the trailer so nothing will fly out, then you do not need a tarp.
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