PC §722 - UNSECURE LOAD
INFRACTION
(a) Definition
Operating a motor vehicle with an unsecured load is the act of transporting materials or cargo in or on a vehicle without properly securing them to prevent shifting, falling, or causing hazards to other motorists or pedestrians.
(b) Elements of the Offense
The following elements must be met to constitute a charge of unsecured load:
The defendant operated a motor vehicle on a public roadway.
The vehicle was transporting materials, equipment, or cargo.
The materials, equipment, or cargo were not adequately secured to prevent them from shifting, falling, or causing hazards during transit.
Requirements for Securing Load
(a) Motor vehicle operators are required to secure their load in accordance with state laws and regulations, which may include the use of tie-downs, straps, nets, or other methods to prevent movement or spillage.
Prohibited Conduct
(a) Prohibited conduct may include, but is not limited to, the following actions by vehicle operators:
Failing to properly secure large or heavy items such as furniture, appliances, or construction materials.
Transporting loose materials such as gravel, sand, or debris without using appropriate containment measures.
Allowing items to extend beyond the dimensions of the vehicle without proper marking or warning devices.
(c) Defenses
(a) It shall be a defense to a charge of operating a motor vehicle with an unsecured load if the defendant can prove that the load was properly secured according to state laws and regulations at the time of transit.
(b) Lack of evidence of an unsecured load, such as errors in law enforcement observations or documentation, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing accidents, injuries, or property damage due to an unsecured load, repeated violations, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
NOT ARRESTABLE
FINE SET
$140.00
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