2010 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 7 - Size, Weight and Load
Part 1 - General Provisions
55-7-109 - Loose material hauled in open truck bed Restrictions Penalties for violations Exceptions.

55-7-109. Loose material hauled in open truck bed Restrictions Penalties for violations Exceptions.

(a)  Any truck, or other motor vehicle, with an open bed, that is operated on any highway, road, or street open for public use in this state, shall be loaded so that any loose material transported in truck or other motor vehicle remains at least four inches (4²) below the walls of the open bed, measured at the front, back and sidewalls; but the load may be piled higher in the center of the open bed. “Loose material” includes any substance that could spill, drop off, or blow away from the open bed when the vehicle is operated. “Loose material” does not include materials such as sand or salt that are purposely discharged from truck beds to clear roadways or improve traction, and does not include water sprayed on streets for purposes of sanitation.

(b)  (1)  A violation of this section is a Class C misdemeanor.

     (2)  A charge for violation of this section shall be brought against the hauler whose vehicle is found in violation; however, the hauler may recoup one half (½) of the fine from the producer or loader of the material hauled in violation of this section.

(c)  As used in this section, “hauler” includes both the owner and the driver of a vehicle, and both parties shall be jointly liable. Only one (1) fine shall be imposed on a hauler, regardless of a difference between ownership and operation, and the party or parties paying the fine shall have a right of recoupment against the producer or loader either in whole or in accordance with the producer's or loader's share of payment.

(d)  (1)  This section shall not include farm produce going to market.

     (2)  The provisions of this section shall not apply to motor vehicles which transport crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate muck, asphalt, concrete, other building materials, forest products, unfinished lumber, agricultural lime and agricultural products and that are loaded in compliance with the four inch (4²) requirement of this section. The exemption shall not apply to any load if any law enforcement officer sees any part of this material blowing off the vehicle.

[Acts 1977, ch. 54, § 1; T.C.A., § 59-1120; Acts 1986, ch. 852, § 2; T.C.A., § 55-11-109; Acts 1989, ch. 591, § 113.]