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City of Orem

pwolfley@orem.org

56 N. State St., Orem, UT, 84057, US

Form Section 1

City of Orem Justice Court

Notification of Enhancement - Failure to Secure Load

Full Name

IF YOU ARE CONVICTED of an offense regarding loads on vehicles as described below, this conviction may result in increased minimum, mandatory fines for future offenses.  This form provides notification of the current provisions of Utah State Law regarding minimum/maximum penalties.  It also describes the elements of your current charges.  It does not notify you of other collateral consequences.

ELEMENTS

 

72-7-409(2)-(7): (2) A vehicle may not be operated or moved on any highway unless the vehicle is constructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwise escaping.
     (3) (a) In addition to the requirements under Subsection (2), a vehicle carrying dirt, sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or scrap metal shall have a covering over the entire load unless:  (i) the highest point of the load does not extend above the top of any exterior wall or sideboard of the cargo compartment of the vehicle; and (ii) the outer edges of the load are at least six inches below the top inside edges of the exterior walls or sideboards of the cargo compartment of the vehicle. 

          (b) In addition to the requirements under Subsection (2), a vehicle carrying trash or garbage shall have a covering over the entire load. 

          (c) The following material is exempt from the provisions of Subsection (3)(a):  (i) hot mix asphalt; (ii) construction debris or scrap metal if the debris or scrap metal is a size and in a form not susceptible to being blown out of the vehicle; (iii) material being transported across a highway between two parcels of property that would be contiguous but for the highway that is being crossed; and (iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers, bags, or packaging. 

         (d) A chemical substance capable of coating or bonding a load so that the load is confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long as the chemical substance remains effective at confining the load.
     (4) Subsections (2) and (3) do not apply to a vehicle or implement of husbandry carrying an agricultural product, if the agricultural product is:  (a) being transported in a manner which is not a hazard or a potential hazard to the safe operation of the vehicle or to other highway users; and (b) loaded in a manner that only allows minimal spillage.
     (5) (a) An authorized vehicle performing snow removal services on a highway is exempt from the requirements of this section.  (b) This section does not prohibit the necessary spreading of any substance connected with highway maintenance, construction, securing traction, or snow removal.
     (6) A person may not operate a vehicle with a load on any highway unless the load and any load covering is fastened, secured, and confined to prevent the covering or load from becoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to other highway users.
     (7) Before entering a highway, the operator of a vehicle carrying any material listed under Subsection (3), shall remove all loose material on any portion of the vehicle not designed to carry the material.

ENHANCEMENT/PENALTIES

72-7-409(8):   (a) Any person who violates this section is guilty of an infraction.  (b) A person who violates a provision of this section shall be fined (after calculation of surcharges) not less than:  (i) $320 for a violation; or (ii) $775 for a second or subsequent violation within three years of a previous violation of this section.  (c) A person who violates a provision of this section while operating a commercial vehicle as defined in Section 72-9-102 shall be fined:  (i) not less than $775 for a violation; or (ii) $1400 for a second or subsequent violation within three years of a previous violation of this section.  (Although subsection ii above currently requires a minimum $1000 fine, increased to $1400 with the applicable surcharges, the imposition of a fine in the amount of $1000 exceeds the maximum fine allowable for its new classification as a Class C misdemeanor.)

Minimum/Maximum Sentence

Infraction:   0 days jail; amounts listed above up to a maximum of $1,062.50 fines and surcharges, plus interest

I understand the foregoing Notification of Enhancement as explained here.  I understand if I have further questions, I should contact the Court before signing this document.  

 

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