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Lucy, Esq.
Lucy, Esq., Attorney
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Is there a law in Wisconsin that obligates dump truck drivers to cover or tarp their divis

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Is there a law in Wisconsin that obligates dump truck drivers to cover or tarp their divisible loads protecting other operators from being hit with debris coming directly from their vehicles? ie gravel and sand

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Yes, there is. Wis. Code Regulations, Section 325.02 states that Wisconsin specifically adopts the federal regulations set forth in 49 C.F.R. 393 (which has many subparts). 43 C.F.R. 393.106 provides that all loads must be "firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage or dunnage bags, shoring bars, tiedowns or a combination of these." That is broad language that would include using a tarp or other cover for things like sand or gravel.

If a driver negligently fails to secure a load, and items from the load hit another vehicle, the driver could be liable for the damage that results. This is under basic common law principles of negligence.

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