7.741 — UNSECURE LOAD

Violations of "Statute 7.741" results in an Infraction and a fine of $140

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(a) Definitions

An unsecure load refers to any cargo, materials, or objects transported in or on a vehicle that are not properly fastened, covered, or contained, posing a risk of falling onto the roadway and endangering other drivers, pedestrians, or property.

(b) Elements

To establish the offense of transporting an unsecure load, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a vehicle carrying a load.

• The load was not properly secured, restrained, or covered.

• The unsecured load posed a risk of falling or causing harm to others.

(c) Common Violations

• Transporting loose materials (gravel, sand, debris) without a tarp or cover.

• Carrying furniture, appliances, or equipment without proper restraints.

• Overloading a vehicle to the point where items may spill or shift dangerously.

• Failure to use tie-downs, nets, or other securing devices.

(d) Defenses

Defenses against an unsecure load violation may include:

• The load was properly secured but became loose due to unforeseen circumstances.

• The driver made reasonable efforts to secure the load according to regulations.

• The alleged unsecured item was not part of the transported load.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining penalties:

• The unsecure load resulted in an accident, injury, or road obstruction.

• The driver ignored warnings or was previously cited for similar violations.

• Hazardous materials were involved, increasing the danger to public safety.