MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Transportation

By: Representative Woods

House Bill 1131

AN ACT TO AMEND SECTIONS 63-7-83 AND 63-7-85, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN VEHICLES 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 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 a gross vehicle or gross combination vehicle weight rating greater than twenty-six thousand one (26,001) pounds, with an open 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 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.  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 a gross vehicle or gross combination vehicle weight rating greater than twenty-six thousand one (26,001) pounds, with an open 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, 2010.