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Dear Sir . I driver a dump truck for a living in Arizona ,

Maricopa county , My Question...
Dear Sir . I driver a dump truck for a living in Arizona , Maricopa county , My Question is about Tarping the load Laws, They are threatening me with a fine for untarping my load when i got to the job site , the truck was not moving and i was off the road getting ready to dump the gravel i was hauling , this is a super 18 dump truck and has a brand new tarp, but the dust control officer says the trucks need to stay tarped at all times.even off road at about two miles per hour. Please help
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Answered in 1 hour by:
8/25/2013
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 25 years.
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Here is Arizona's statute regarding tarping loads.

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/01098.htm&Title=28&DocType=ARS

28-1098. Vehicle loads; restrictions; 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 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 permitted:


Emphasis added.

The term "highway" has typically been interpreted to mean free public roadway open for every person to travel. It also includes the area beyond the traveled way such as the berm, slopes, culverts, ditches, bridges, and abutments that are required for the proper use of the highway.

So if you were pulled off to the side of a public road then the tarp requirement applies. If however you pull off the highway and onto a construction site and away from the highway, the above tarp requirement would not be applicable.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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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.

B. A person shall not operate a vehicle on a highway 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.

C. 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 two hundred fifty dollars.

(b) Second or subsequent violation in a sixty month period, the person is subject to a civil penalty of not more than three hundred fifty dollars.

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 five hundred dollars.

3. Results in an accident causing the death of another person, the person is subject to a civil penalty of not more than one thousand dollars.
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LegalEagle1, Attorney
Category: Legal
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