MISSISSIPPI LEGISLATURE

2009 Regular Session

To: Highways and Transportation

By: Senator(s) King, Jackson (11th), Jordan

Senate Bill 3066

(As Passed the Senate)

AN ACT TO AMEND SECTIONS 63-7-83 AND 63-7-85, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN VEHICLES MANUFACTURED ON OR AFTER JULY 1, 2009, TO BE EQUIPPED WITH AND USE A TARPAULIN, CANVAS OR OTHER SUCH TOP TO COVER THEIR LOADS WHEN CARRYING CERTAIN LOOSE MATERIAL OVER STATE HIGHWAYS; TO REQUIRE CERTAIN VEHICLES MANUFACTURED BEFORE JULY 1, 2009, THAT ARE NOT EQUIPPED WITH A TARPAULIN, CANVAS OR OTHER SUCH TOP TO USE SIDEBOARDS TO SECURE THEIR LOAD WHEN CARRYING CERTAIN LOOSE MATERIAL OVER STATE HIGHWAYS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 63-7-83, Mississippi Code of 1972, is amended as follows:

     63-7-83.  Every truck, trailer or other carrier with an open top, manufactured on or after July 1, 2009, while traveling upon any state, United States or interstate highway in the State of Mississippi and while carrying any load of sand, dirt, gravel or rock, debris, rubbish or other loose material shall be equipped with a tarpaulin, canvas or other such top and such top shall be secured over the top of such load.  Every truck, trailer or other carrier manufactured before July 1, 2009, with an open top and equipped with a tarpaulin, canvas or other such top shall secure such top over the top of any load of sand, dirt, gravel, * * * rock, debris, rubbish or other loose material while traveling upon any interstate highway, United States highway or Mississippi highway in the State of Mississippi.  For the purposes of this section and Section 63-7-85, the term "loose material" means any substance that may sift through, fall from or otherwise escape from the vehicle carrying the load.

     SECTION 2.  Section 63-7-85, Mississippi Code of 1972, is amended as follows:

     63-7-85. * * *  A truck, trailer or other carrier with an open top, manufactured before July 1, 2009, and not equipped with a tarpaulin, canvas or other such top while traveling upon any state, United States or interstate highway in the State of Mississippi and while carrying any load of sand, dirt, gravel, rock, debris, rubbish or other loose material, shall be in full compliance with Sections 63-7-83 through 63-7-89 provided same is not loaded within six (6) inches of the top of the bed or is equipped with four (4) six-inch sideboards, which sideboards shall be attached one (1) each to the front, back and two (2) sides of the carrier body, and shall remain lowered while the body is being loaded, provided that no part of the load shall extend above the body of the carrier.  After loading, the sideboards shall be raised and secured to remain raised during travel, and the space between the top of the sideboards and the top of the load making contact with the sideboards shall not be less than six (6) inches.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2009.