Traffic Tip: Transportation of loose materials
By David Brogger
Nov. 3, 2012 at 6:03 a.m.
Chapter 725. Transportation Of Loose Materials
Subchapter A. General Provisions
Sec. 725.001. Definitions. In this chapter:
(1) "Load" means a load of loose material.
(2) "Loose material" means material that can be blown or spilled from a vehicle because of movement or exposure to air, wind currents or other weather. The term includes dirt, sand, gravel, refuse and wood chips but excludes an agricultural product in its natural state.
(3) "Motor vehicle" has the meaning assigned by Section 621.001.
(4) "Public highway" includes a public road or street.
(4-a) "Refuse" means trash, rubbish, garbage or any other discarded material.
(5) "Semitrailer" has the meaning assigned by Section 621.001.
(6) "Trailer" has the meaning assigned by Section 621.001.
(7) "Vehicle" has the meaning assigned by Section 621.001.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Acts 2007, 80th Leg., R.S., Ch. 800, Sec. 1, eff. Sept. 1, 2007.
Sec. 725.002. Applicability. This chapter applies to any motor vehicle, trailer or semitrailer operated on a public highway except a vehicle or construction or mining equipment that is:
(1) moving between construction barricades on a public works project or
(2) crossing a public highway.
725.003. Offense; Penalty. (a) A person or the person's agent or employee may not transport loose material, aggregates or refuse in violation of this chapter.
(b) A person, excluding this state or a political subdivision of this state but including an agent or employee of this state or a political subdivision of this state, commits an offense if the person violates Subsection (a).
(c) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $500.
Why this specific code and how does it relate to driving in Victoria?
I have received a specific complaint in reference to unsecured loads in the area. A concerned citizen stated that recently, her vehicle has been struck by Sheetrock, palm tree leaves, plywood, etc., which flew out of moving vehicles on the street. The items have fallen from the beds of trucks or open trailers and seem to occur primarily on South Laurent Street, which is the common route for vehicles hauling items to the landfill.
Please remember that you are responsible for any debris that causes damage or injury to any other vehicle or person should it fly out of your vehicle or trailer due to it being unsecured. If you see a hazard in the roadway or witness items flying from vehicles, call the police and we will respond and handle the situation accordingly. Transporting an unsecured load is a violation of the Texas Transportation Code.
The Victoria Police Department Traffic Safety Unit invites citizens to inform us of any traffic issues that you observe. The easiest way to do this is go to our website, victoriapd.com, then go to the VPD Customer Service Request tab in the center of the page and follow the directions.
If you have a traffic law question, contact Senior Police Officer David Brogger, Victoria Police Department Traffic Safety Unit, 361-485-3700.