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Discussion Groups: Automotive


Topic: $240 fine for not clear snow off of vehicle
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RT Holdings

1/10/2017 6:51:46 AM
Member since:
Sep 2016
Total posts:150
Snow

  
Imknadian said "...they will start ticketing city and hwys dept trucks for not tarping their loads of snow when hauling with 3 ton, 5 ton and semi trailer dumps sometime too after this guy's ticket. Fair is fair. Don't see why some are exempt from the same tickets when they are a business, city or govt operation. "

I highly doubt the police would issue a ticket for something that is perfectly legal. As long as the snow is not falling off their truck there is no requirement to tarp snow that is being hauled away for removal.  
 
Can you imagine if they did have to? People would be irate and likely on ebrandon complaining that the snow clearing was taking too long.... Oh wait they already are!

Imknadian

1/10/2017 8:44:48 AM
Member since:
Jul 2008
Total posts:134
It isnt perfectly legal

...to have an unsecured load no matter who you are or work for. There are numerous incidents where large blocks have snow have fallen off of commercial trucks onto the streets after they drive away with an unsecured load only to be hit by the spoiler on someone's vehicle causing damage.  
 
I don't know where you came up with the idea that it is perfectly legal. Can you post your source where you found this information making commercial drivers exempt from being respon  
sible for the safety of others on the road?

ultraguy

1/10/2017 9:01:27 AM
Member since:
Jul 2005
Total posts:1090
.

http://web2.gov.mb.ca/laws/statutes/ccsm/h060e.php#61(2)  
 
Securing of loads on motor vehicles and trailers  
61(2) No person shall operate, or permit to be operated, upon a highway any motor vehicle or trailer unless the load that the motor vehicle or trailer is carrying is firmly bound, sufficiently covered, or otherwise secured or loaded, in such a manner that no portion of the load may become dislodged or fall from the motor vehicle or trailer.  
 
Where load not required to be covered  
61(3) Notwithstanding subsection (2) where the loose material of a load consists of snow, earth or mud the load is not required to be covered by a tarpaulin.

JackAzz

1/10/2017 9:58:45 AM
Member since:
Jul 2008
Total posts:1356
BAM!! ^^^

Don't you hate it when someone does exactly what you asked them to and proves you wrong?  
 
Too funny!

Imknadian

1/10/2017 10:17:26 AM
Member since:
Jul 2008
Total posts:134
Does that mean

...they are exempt from the responsibility of the safety of others on the road? That was the point I was trying to make.

Imknadian

1/10/2017 10:21:12 AM
Member since:
Jul 2008
Total posts:134
....also

...does that mean tha the guy with the snow on his roof that got the ticket was unjustified? Cause he was hauling a load of snow and under the law you posted, it doesn't require to be tarped.

ultraguy

1/10/2017 10:49:25 AM
Member since:
Jul 2005
Total posts:1090
.

Please re-read the law. It is not required to tarp a load of snow. But it still must be firmly bound or otherwise secured or loaded, in such a manner that no portion of the load may become dislodged or fall from the motor vehicle or trailer.

RT Holdings

1/10/2017 2:58:15 PM
Member since:
Sep 2016
Total posts:150
Thanks ultraguy

I assume the officer that laid the charge to the guy in van actually observed the snow falling off as there was no containment. The snow hauled in the 3, 5 ton and semi trailers is considered secured and does not need to be covered. Now I realize a few guys load it up a lot higher then the sideboards and if it were to fall from the trailer then they would also be in violation. But as long as your load stays in the box there is no issue.

Trevor B

1/10/2017 3:11:15 PM
Member since:
Apr 2005
Total posts:7656
Fire Commissioners Van

There's a photo on Facebook circulating of the Manitoba Fire Commissioner's van with the entire back of the van covered in snow.

Doug

1/10/2017 3:45:21 PM
Member since:
Mar 2005
Total posts:6732
They

  
Imknadian said "...they will start ticketing city and hwys dept trucks for not tarping their loads of snow when hauling with 3 ton, 5 ton and semi trailer dumps sometime too after this guy's ticket. Fair is fair. Don't see why some are exempt from the same tickets when they are a business, city or govt operation. "

They are not exempt.Lazy maybe. The city boys are only one group who sometimes fail to tarp the load. Most trucks have easy roll UPS or such. The Gravel trucks are near worse case.  
 
City boys when hauling leaves or branches maybe loose dirt. Tickets are needed at times. I see it this way a tarped load is needed in most cases no reason how short the trip.  
 
If the driver cares about the name of the company plastered on his/her door they should act like it. That  name is advertising also. Speaks for the outfit.

RT Holdings

1/10/2017 10:30:04 PM
Member since:
Sep 2016
Total posts:150
Hmm...

  
Doug said "
  
Imknadian said "...they will start ticketing city and hwys dept trucks for not tarping their loads of snow when hauling with 3 ton, 5 ton and semi trailer dumps sometime too after this guy's ticket. Fair is fair. Don't see why some are exempt from the same tickets when they are a business, city or govt operation. "

They are not exempt.Lazy maybe. The city boys are only one group who sometimes fail to tarp the load. Most trucks have easy roll UPS or such. The Gravel trucks are near worse case.  
 
City boys when hauling leaves or branches maybe loose dirt. Tickets are needed at times. I see it this way a tarped load is needed in most cases no reason how short the trip.  
 
If the driver cares about the name of the company plastered on his/her door they should act like it. That  name is advertising also. Speaks for the outfit. "

-  
 
Well what I read here in the legislation is that the traffic authority is exempt when in the course of certain duties. Now I would think traffic authority would be the Provincial and City boys and not i:ncludeyour local private boys unless they were working for the City/Hwys. 5(3)(c) is what you will want to refer to Doug. Maybe I am wrong? Maybe they are not lazy and just smart?  
 
http://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=:37/2005  
 
- - - -  
 
HIGHWAY TRAFFIC H60 — M.R. 37/2005  
Cargo securement — certain cargo  
5(1) Any portion of a load of  
(a) sand, gravel, crushed stone, ore, slag or salt,  
or any mixture of them, consisting in whole or  
part of particles 40 mm in diameter or smaller:  
(b) waste: or  
(c) shredded scrap metal:  
that is carried by a vehicle on a highway and not  
enclosed by the vehicle or a load container must be  
covered with a covering that meets the requirements  
of subsection  
5(2) The covering must  
(a) be made of tarpaulin, canvas, wire mesh,  
netting or another material capable of containing  
the load within the vehicle or load container: and  
(b) be secured to the vehicle or load container in  
such a manner that it cannot separate from the  
vehicle or load container.  
5(3) Subsections (1) and (2) do not apply to  
a vehicle used  
(a) to collect waste for a municipality while the  
vehicle is being loaded or being moved during  
loading:  
(b) to carry sand, gravel, crushed stone, slag, salt  
or a mixture of them to a location where the load  
will be applied to the road surface in winter  
highway maintenance by or on behalf of a traffic  
authority:  
(c) to apply sand, gravel, crushed stone, slag, salt  
or a mixture of them to the road surface in winter  
highway maintenance by or on behalf of a traffic  
authority: or  
(d) for construction work within a construction  
site on a highway.  
 
Edited by RT Holdings, 2017-01-10 22:34:28

Imknadian

1/11/2017 10:23:46 AM
Member since:
Jul 2008
Total posts:134
no one is exempt from the law...

...if it will affect another person's property or safety.  
 
Yes, companies, city workers, hwys depts and private individuals do haul snow without tarping, but they would or should be liable to any damage incurred if an incident should happen. They wouldn't be exempt because of their laziness.  
 
If you are following behind a hwys dept truck/city salting/sanding truck and a block of hard salt or sand falls off the top of the untarped load and causes damage to your vehicle, they should be liable.  
 
And, with this person getting a ticket, more people and companies should be aware that there are consequences for their actions.

 
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