unsafe load? - Diesel Truck Forum - TheDieselGarage.com
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post #1 of 11 (permalink) Old 03-15-2008, 09:24 AM Thread Starter
 
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unsafe load?

I was driving a dump truck with heavy rocks in the box. The police officer stop me and said " dust was comming out from the box". He gave me a ticket for unsafe load because I did not have the tarp on. With the tarp and without, make no difference. What a tarp will do when you carry heavy rocks? How do I fight that ticket?
Thanks for your help...
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post #2 of 11 (permalink) Old 03-18-2008, 09:58 AM Thread Starter
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Is there anyone that can give me some ideas of how to get around this problem?
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post #3 of 11 (permalink) Old 03-18-2008, 07:29 PM
 
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Well, i'm not sure what state you got your ticket, but here in CA you must cover any aggregate load unless no portion of the load protrudes above the cargo box, and the load, where it contacts the front, back and sides of the cargo box, is at least six inches from the upper edge of the cargo container.

You would need to look up the particular law or code section that you were cited for in order to fight it- a lot of officers cite for things like that without reading the law they are citing for. Post the State you got the ticket and the specific code section and i'll see what I can find.......

For instance, I get pulled over once in a while when towing my fifth wheel and my boat (doubles). The officer thinks he's got me, but I have to point out that it IS legal for me to tow doubles because I have a commercial license. Sometimes they don't understand the law the're ticketing for. :gun:
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post #4 of 11 (permalink) Old 03-19-2008, 09:37 AM Thread Starter
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Quote:
Originally Posted by jonesie
Well, i'm not sure what state you got your ticket, but here in CA you must cover any aggregate load unless no portion of the load protrudes above the cargo box, and the load, where it contacts the front, back and sides of the cargo box, is at least six inches from the upper edge of the cargo container.

You would need to look up the particular law or code section that you were cited for in order to fight it- a lot of officers cite for things like that without reading the law they are citing for. Post the State you got the ticket and the specific code section and i'll see what I can find.......

For instance, I get pulled over once in a while when towing my fifth wheel and my boat (doubles). The officer thinks he's got me, but I have to point out that it IS legal for me to tow doubles because I have a commercial license. Sometimes they don't understand the law the're ticketing for. :gun:
Hi Jonesie.
I got the ticket in the province of Ontario. The ticket reads: "Contrary to 111 (2). 111 (2) says: (2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle. 2002, c. 18, Sched. P, s. 26.
I can't find anything about the distance from the top of the box to the load. You mention that in CA is six inches. I know here in Ontario must be something about that somewhere.
Thanks Jonesie.
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post #5 of 11 (permalink) Old 03-19-2008, 05:09 PM
 
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Sorry, I read your PM before I looked here, so I'll repeat myself a little for the benefit of the thread-

What I get from the law you were cited for is this: You were hauling "heavy rocks"- there is no effective method for securing or binding the load, and it was contained in the box of your dump truck as the law requires so you have satisfied that part of it. The only thing they may get you on is the covering part of it- but this is a very subjective part of the law.......

The primary load in your truck is rocks. The "dust" from the rocks is incidental the the load. No portion of your intended load left the truck.

For example, a load of hot ashpalt gives of smoke and odor- is this also unsafe? The feathers from live birds being hauled blow out of the truck- unsafe? In either case, no asphalt of bird fell out of the truck.

If the load were wood chips, sand, mulch, or other similar light material succeptible to being dislodged by wind, then I would argue that the load must be covered. In your case, your load was of a type not able to be dislodged by wind, and that the dust from the rocks is so fine that even if the load were covered, the dust would not be able to be effectively contained within the cargo box. The dust coming from the rocks cannot be considered a "portion of the load" as stated in the law section.

I would show up and fight that one, obiously keeping yourself in control and providing rational, lucid arguments that support your position. Also, be sure to bring up the stuff I told you in the PM about how far the officer followed you before he stopped you and opertaing your vehicle safely, etc.

Good Luck,

Jonesie
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post #6 of 11 (permalink) Old 03-19-2008, 05:14 PM
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I can't see any way to fight the "uncovered load", but the unsafe load I could see, as long as what you describe is exactly how it was. i.e., it really was safe.
post #7 of 11 (permalink) Old 03-19-2008, 06:33 PM Thread Starter
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Those are good points to argue. That is exactly the way I feel. I'll look for more information so I can take it to court. I still have time. Court date was set up for October 08/08.
Thanks Jonesie, fordt.
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post #8 of 11 (permalink) Old 03-19-2008, 06:54 PM
 
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No prob......Just remember that in order to violate a law, you must violate all elements of the crime- So one must "parse" the law (break in into individual elements) to determine whether or not you in fact violated the law, and all elements must be satisfied in order to convict.

In your case, I do not believe that a violation exists because all of the elements of the "crime" are not satisfied. Here's what you said the ticket read, and it appears that this is verbatim as written:

"Contrary to 111 (2). 111 (2) says: (2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle. 2002, c. 18, Sched. P, s. 26."

O.K., the section says you must load, bind, secure, contain or cover the load so it doesn't leave the truck. No rocks left the truck, right? I know it sounds like splittng hairs, but you weren't hauling a load of dust, so the dust that left your truck was not part of the load, right?

You do not have to do all of the steps listed (load, bind, secure, contain, cover) because the word "and" is not between each of them. This means that you must perform only the measures listed in order to prevent the next part, the load to dislodge, fall, leak, spill, or blow from the vehicle, which you did. No rocks left the truck.

Officer wanted to write you for something, and the only thing he could find after 7 miles of following you was a very loose interpretation of the section he cited you for. Bad ticket, Bored cop.
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post #9 of 11 (permalink) Old 03-20-2008, 10:47 AM Thread Starter
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Officer wanted to write you for something, and the only thing he could find after 7 miles of following you was a very loose interpretation of the section he cited you for. Bad ticket, Bored cop.[/QUOTE]

Now you gave me something to laugh about. But it is true!!:thanks:
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post #10 of 11 (permalink) Old 03-22-2008, 01:23 AM
 
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The truth is usually the funniest.........But it does make sense, doesn't it?
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