8.811 — FAILURE TO HAVE PROPER ESCORT FOR A LOAD

Violations of "Statute 8.811" results in an Infraction and a fine of $5,000

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(a) Definitions

Failure to have a proper escort for a load refers to the act of transporting an oversized or over-dimensional load without the required escort vehicles, drivers, or signage to ensure safe passage on public roads. A proper escort typically includes safety vehicles, flaggers, or other personnel required to accompany the vehicle to manage traffic, warn of hazards, and ensure compliance with relevant laws.

(b) Elements

To establish the offense of failure to have a proper escort for a load, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was transporting an oversized or over-dimensional load.

• The transportation of the load required a proper escort as stipulated by state or local regulations.

• The defendant failed to provide the necessary escort for the load.

• The defendant was aware or should have been aware of the legal requirement to have an escort for the load.

(c) Defenses

Defenses against this charge may include:

• The load was not over-dimensional or oversized according to legal standards and therefore did not require an escort.

• The defendant had obtained the required permits but did not have an escort available at the time due to an emergency or unforeseen circumstance.

• The escort vehicles were delayed but were on their way at the time of transport, and the defendant was in the process of meeting the requirements.

(d) Aggravating Factors

When determining the severity of the offense, the following factors may be considered:

• The failure to provide an escort caused a traffic hazard or obstruction.

• The load being transported was particularly dangerous or hazardous, such as hazardous materials or equipment with the potential for significant damage or injury.

• The defendant has a history of non-compliance with transportation regulations, including failure to secure proper escorts.