Transporting Equipment Law

Discussion in 'Trucks and Trailers' started by BlazersandWildcats2009, Nov 25, 2013.

  1. BlazersandWildcats2009

    BlazersandWildcats2009 LawnSite Member
    from Houston
    Posts: 197

    We all know equipment has to be strapped down to the trailer, but a quick question. I there a law stating that thing such as Push Mowers have to be strapped down if your ever transporting in the back of a (Truck?) If there is, does it specify anything specific about it? I often keep the Toros in the back of the pick up, was thinking of just running two eye bolt hooks through the bottom of the bed and running some one strap on each side up and back to the hook, just so I didn't have to worry about getting a hefty ticket since I have plenty of straps laying around. I'd be more interested in hearing the laws on this if someone knows. I'm in Texas to be specific. Also, does anyone know the specific law on trimmers being mounted onto racks? If locked on the rack are they still "suppose" to be tied town with anything additional? Would like to hear the specifics on this? Keep in mind, this is in the back of a truck, I would think it would be no-different then a trailer? Maybe I'm wrong?
     
  2. BlazersandWildcats2009

    BlazersandWildcats2009 LawnSite Member
    from Houston
    Posts: 197

    I was able to find this information for the State of Texas. Mentions hauling loads such as dirt and loose material, but doesn't mention anything a far a equipment, lawn mowers, etc.

    Back to Top
    Texas: Department of Public Safety, Austin, TX. 512-424-2051.

    Sec. 725.001. DEFINITIONS. In this chapter:

    "Load" means a load of loose material.
    "Loose material" means material that can be blown or spilled from a vehicle because of movement or exposure to air, wind currents, or other weather. The term includes dirt, sand, gravel, and wood chips but excludes an agricultural product in its natural state.
    "Motor vehicle" has the meaning assigned by Section 621.001.
    "Public highway" includes a public road or street.
    "Semitrailer" has the meaning assigned by Section 621.001.
    "Trailer" has the meaning assigned by Section 621.001.
    "Vehicle" has the meaning assigned by Section 621.001.
    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
    Sec. 725.002. APPLICABILITY. This chapter applies to any motor vehicle, trailer, or semitrailer operated on a public highway except:
    a vehicle or construction or mining equipment that is:
    moving between construction barricades on a public works project; or
    crossing a public highway; or
    a vehicle that is operated at a speed less than 30 miles per hour.
    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
    Sec. 725.003. OFFENSE; PENALTY.
    A person or the person's agent or employee may not load or transport loose material in violation of this chapter.
    A person, excluding this state or a political subdivision of this state but including an agent or employee of this state or a political subdivision of this state, commits an offense if the person violates Subsection (a).
    An offense under this section is a misdemeanor punishable by a fine of:
    not less than $25 or more than $200 for a first conviction; and
    not less than $200 or more than $500 for a second or subsequent conviction.
    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    SUBCHAPTER B. REQUIREMENTS FOR TRANSPORTING LOOSE MATERIALS
    Sec. 725.021. CONTAINING LOOSE MATERIALS.
    A vehicle subject to this chapter shall be equipped and maintained as required by this section to prevent loose material from escaping by blowing or spilling.
    A vehicle bed carrying a load:
    may not have a hole, crack, or other opening through which loose material can escape; and
    shall be enclosed:
    on both sides by side panels;
    on the front by a panel or the vehicle cab; and
    on the rear by a tailgate or panel.
    The load shall be covered and the covering firmly secured at the front and back, unless the load:
    is completely enclosed by the load-carrying compartment; or
    does not blow or spill over the top of the load-carrying compartment.
    The tailgate of the vehicle shall be securely closed to prevent spillage during transportation.
    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 725.022. MAINTAINING NON-LOAD-CARRYING VEHICLE PARTS.
    Loose material that is spilled because of loading on a vehicle part that does not carry the load shall be removed before the vehicle is operated on a public highway.
    After the vehicle is unloaded and before the vehicle is operated on a public highway, residue of transported loose material on a vehicle part that does not carry the load shall be removed from the vehicle part.
    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
     
  3. A. W. Landscapers  Inc.

    A. W. Landscapers Inc. LawnSite Bronze Member
    Posts: 1,287

  4. BlazersandWildcats2009

    BlazersandWildcats2009 LawnSite Member
    from Houston
    Posts: 197

    AWLandscapers, thanks for posting that link, is there anyway you could copy and paste that section for us? I have a brand new computer and for some reason cannot seem to open the link or download the file, it says "That file isn't supported" on my machine. It would be really helpful and appreciated!
     
  5. A. W. Landscapers  Inc.

    A. W. Landscapers Inc. LawnSite Bronze Member
    Posts: 1,287

    I don't think this is going to copy and paste very well but here it is...

     
  6. A. W. Landscapers  Inc.

    A. W. Landscapers Inc. LawnSite Bronze Member
    Posts: 1,287

    The "J" is a bullet point.
     
  7. unkownfl

    unkownfl LawnSite Gold Member
    Posts: 3,838

    I can tell you its pretty much going to be up to the DOT officer. You should have everything tied down period with a minimum of two straps. I have a CDL A and I have a few tickets for loose loads, Load dropping, and loading shifting. All are required court appearances. Any commercial vehicle should also enter the scale house too. Even if its a F150 pulling a lawn trailer. Now, they really don't enforce all of that regularly but it's how it's suppose to be.


    http://www.fmcsa.dot.gov/rules-regulations/truck/vehicle/cs-policy.htm
     
  8. Chilehead

    Chilehead LawnSite Bronze Member
    Male, from Stockbridge, GA
    Posts: 1,897

    I think is comes down to common sense. An insecure load will cost you a ticket if caught by an officer. This happened to me. There is a large white oak tree that hovers above my driveway where I park my truck. One fall day, I depart to perform an errand. Halfway to my destination an officer pulls me over and writes me a ticket for an insecure load and a second one for wreckless endangerment: some of the leaves from the oak tree had fallen in the bed of my truck, and blew out onto his squad car/windshield. I wasn't even carrying a "load" per se, but the officer didn't see it that way. It cost me $400.00 in fines and a raging fury from the judge on how "tragic this situation could have been". IMHO, they were both doosh ba--ahem, I mean in the wrong.
     
    Last edited: Nov 26, 2013
  9. BlazersandWildcats2009

    BlazersandWildcats2009 LawnSite Member
    from Houston
    Posts: 197

    Scott, appreciate that. Don't know why my computer was having problems opening that one. I'm reading up now!

    Chilehead, I believe you are right about the common sense part. But I will give you my opinion on your story, I live in one THE fastest growing city in the nation, are cops are usually laid back, that is unless you run across the wrong one on a bored, slow day I'm sure. But I honestly feel bad for you, that story is pathetic. Here in Texas, it's an everyday occurrence to see 8-illegals piled in a Super-Duty pulling a bed and trailer full of brush with no tarps, covering, or anything. Now you leave the city, and hit the highway, I will tell you the DPS Troopers don't do no-joking around here. In my area if one gets you for your equipment, I would almost bet you it's going to be a trooper.

    As far as mowers, everything is strapped, however are you guys strapping equipment thats racked on the rack with a pad lock x 2 straps?
     
  10. BlazersandWildcats2009

    BlazersandWildcats2009 LawnSite Member
    from Houston
    Posts: 197

    Sorry about the question also, I was re-reading my post and I pretty much worded my question all wrong. I mentioned the mowers out of stupidity and not thinking, all my mowers will be strapped now, no questions asked. I'm not taking the risk, don't have that many lawns to where it would be a time burden on me anyway, but it would be a burden if one of my mowers hit someone else.

    I meant to generalize my question around handhelds. Do you guys or is there a law stating that the handheld should be strapped, if they are in the rack with locks? I would be more interested in hearing the ideas and laws regarding this? Sorry about the wording and silly question.
     

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