By K C Pawling, Road Safety and Loss Prevention Specialist
Nebraska law requires that motor carriers, which include county road departments, secure their loads properly to prevent items from falling off or shifting during transit. This issue frequently arises for commercial vehicles, including trucks and trailers used by our road departments. The primary goal of these laws is to ensure safe road use for both the truck operator and other motorists. Further, the state’s regulations apply to a wide range of cargo types, from construction materials and equipment, to agricultural products, and even gravel or dirt.
Nebraska’s load securement laws are enforced by state and local law enforcement officers who conduct roadside inspections to ensure compliance. Drivers are required to adhere to specific guidelines to prevent unsecured cargo from endangering other drivers or causing accidents.
Key Load Securement Requirements in Nebraska
The topic of load securement is addressed in both Nebraska state statute and federal rules promulgated by the Federal Motor Carrier Safety Administration (FMCSA). The federal rules are designed to create consistency across the United States and are enforced by state agencies such as the Nebraska State Patrol. Below are some key aspects of load securement requirements applicable to our county road department personnel operating commercial motor vehicles in Nebraska:
- Securing Cargo: Nebraska law requires that all cargo be properly secured to prevent movement during transport. This includes ensuring that the load cannot shift, topple, or fall off the vehicle. The load must be secured with appropriate tie-downs, ropes, chains, or other securing devices. The method of securing cargo must be sufficient to withstand both the forces encountered during transit and any sudden stops or maneuvers.
- Proper Use of Tie-Downs: The state law mirrors federal regulations in specifying that tie-downs must be sufficient for various cargo types. For example, heavy cargo like construction equipment or steel must be secured using stronger chains or straps. Lighter cargo, such as bags of grain or pallets of goods, may require lighter securing methods but must still be secured adequately. The number of tie-downs must be sufficient to meet weight limits, preventing the load from shifting or becoming unstable. The FMCSA Cargo Securement Rules contain more specifics.
- Inspection of Securement: In order to comply with Nebraska law, truck operators should inspect their cargo before departure and periodically during the trip. This includes checking that the tie-downs remain tight, secure, and in good condition. Drivers must also inspect their loads after any significant stops or at regular intervals, particularly for longer trips. Failure to ensure that the load remains properly secured throughout the journey is a violation of state law.
- Protection from Falling Cargo: Here is where we start talking about tarping our county trucks. Like federal laws, Nebraska requires that loose cargo or debris be fully contained or covered. If materials could potentially spill, fall, or blow off the vehicle, they must be covered with tarps or other appropriate coverings. This is particularly important for loads such as gravel, sand, or other loose materials, as these could pose a significant hazard to other drivers if not properly contained.
- Penalty for Non-Compliance: Truck operators who fail to properly secure their loads may face fines, citations, or other penalties under Nebraska state law. The severity of penalties can depend on the specific violation and the potential danger posed by the unsecured or contained load. For example, if an unsecured load causes a road hazard or accident, the penalties may be higher, and the county could also be held liable for civil damages for injury to property or persons caused by the failure to keep cargo secured. Keep in mind that gravel blowing from a county gravel truck that is not tarped is a non-compliance issue.
Enforcement and Inspections
Nebraska’s load securement law is enforced through regular inspections conducted by law enforcement officers. These inspections are part of routine safety checks on commercial vehicles, and officers may inspect the securement of a vehicle’s load as part of these checks. In addition, the Nebraska State Patrol is often involved in ensuring compliance with these regulations, conducting roadside checks for potential violations.
During inspections, law enforcement officers will assess whether the cargo is adequately secured, whether the appropriate tie-downs are in place, and if the load is properly covered, where necessary. If a violation is found, the officer may issue the driver a citation or fine, and the driver may be required to take corrective action before continuing the journey.
Keep in mind that it may not be common for carrier enforcement to do routine checks on county owned equipment, but you are NOT EXEMPT from securement laws, or any transportation laws regarding commercial vehicles.
Conclusion
Nebraska’s load securement statutes play a crucial role in ensuring the safety of both truck drivers and other road users. Drivers and trucking companies must be diligent in adhering to these regulations to avoid incidents and contribute to safer roads. Ensuring proper load securement is not just a legal obligation, but a driver’s responsibility that helps keep Nebraska’s roadways safe for everyone. Take the time after loading and tarping at the gravel pit to walk around the truck, brushing off any loose material that may be on the truck.
The Nebraska Revised Statute can be found at §60-6,304, and the federal rules can be found at https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules. If you have any questions I can help you with, please let me know. [email protected] or 402-310-4417.
