October 3, 1979
Subject:
Motor Vehicles; Size of Vehicles and Loads
Requested By:
Mr. Randy Jones North Carolina Department of Natural Resources & Community Development Division of Environmental Management
Question:
Does G.S. 20-116(g) apply to a basically "unloaded" truck that is depositing material on the road?
Conclusion:
Yes.
G.S. 20-116(g) reads in relevant part:
"(g) No vehicle shall be driven or moved on any highway unless such vehicles is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. . . ."
Any part of a load or what may remain as a prior load dropping, sifting, leaking, or otherwise escaping from a vehicle other than sand being dropped for the purpose of securing traction or water or other substance being sprinkled on the roadway for the purpose of maintaining the roadway would constitute a violation of this section.
The provision appearing in the last unnumbered [*2] paragraph of this section relative to the transportation of poultry, livestock, silage or other feed grain should be noted.
Rufus L. Edmisten Attorney General
William W. Melvin Deputy Attorney General