2018 Alaska Statutes
Title 28. Motor Vehicles
Chapter 35. Offenses and Accidents
Article 3. Miscellaneous Offenses.
Sec. 28.35.251. Failure to contain or confine a load.

Universal Citation: AK Stat § 28.35.251 (2018)

(a) A person commits the crime of failure to contain or confine a load in the first degree if the person, with criminal negligence, violates (c) of this section and, as a result of that violation, causes serious physical injury to another person.

(b) A person commits the crime of failure to contain or confine a load in the second degree if the person, with criminal negligence, violates (c) of this section and damages the property of another person in an amount of $5,000 or more.

(c) A person commits the offense of failure to contain or confine a load in the third degree if the person drives or moves a motor vehicle loaded with any material on a highway unless

(1) the load is

(A) contained or confined to prevent the load from

(i) dropping, leaking, or escaping; or

(ii) shifting on or within the vehicle to the extent that the motor vehicle's stability or maneuverability is adversely affected; and

(B) subjected to treatment by methods, approved by the commissioner of public safety by regulation, designed to settle the load or remove loose material before the vehicle is driven or moved on the highway; and

(2) at least six inches of freeboard is maintained around the entire perimeter of a load consisting of sand, gravel, dirt, rock, or similar materials or the load is covered and securely fastened to prevent the cover from becoming loose or detached or from being a hazard to other users of the highway.

(d) This section does not apply to

(1) a vehicle that drops, sprinkles, or sprays sand, liquids, or other materials for the purpose of cleaning or maintaining the highway or providing or improving traction;

(2) a commercial motor vehicle that is subject to the federal motor carrier cargo securement standards implemented through state or federal law;

(3) the natural accumulation of snow, ice, mud, dirt, or similar materials on a motor vehicle;

(4) a vehicle that is removing snow or hauling snow after removal; or

(5) random litter; in this paragraph, “litter” includes plastic wrappers, empty plastic bags, leaves, paper, or similar soft materials.

(e) Failure to contain or confine a load in the

(1) first degree is a class A misdemeanor punishable as provided in AS 12.55;

(2) second degree is a class B misdemeanor punishable as provided in AS 12.55;

(3) third degree is an infraction punishable by a fine of not more than

(A) $2,500 if the person has been previously convicted three or more times of a violation of this section;

(B) $1,500 if the person has been previously convicted twice of a violation of this section;

(C) $750 if the person has been previously convicted one time of a violation of this section; or

(D) $300 if the person has not been previously convicted of a violation of this section.

(f) In this section, “criminal negligence” has the meaning given in AS 11.81.900.

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