Cargo Loading and Securement - New Hampshire

In New Hampshire, no vehicle may be driven or moved on any way unless the vehicle is constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping.

This requirement does not apply to:

• The dropping of sand for the purpose of securing traction;
• The sprinkling of water or other substances to clean or maintain any way; and
• A local farmer transporting farm products or materials incidental to a local farming operation where the transport requires incidental use of a way, provided that the farmer exercises reasonable care to prevent hazardous spillage.

No person may operate any vehicle with any load unless the load and any covering are securely fastened to prevent the covering or load from becoming loose, detached, or a hazard to other users of the way.

In addition, no person may drive on any way any open vehicle loaded with earth, sand, asphalt, stone, gravel, or other particulate substance unless the vehicle is equipped with, and the load is entirely covered and secured, by a tarpaulin or similar covering which prevents the escape of any substance from the load onto the way.

The load covering requirements do not apply to:

• The operation of construction equipment as defined in New Hampshire Revised Statutes Annotated 259:42 and motor vehicles used in the construction of highways, provided that the equipment or motor vehicle is used within a highway construction zone as prescribed by the commissioner of transportation, and provided that the driver is not relieved of the duty to exercise reasonable care;
• The operation of municipal and state highway maintenance equipment;
• The driving of any vehicle at speeds of less than 30 miles per hour; and
• A local farmer transporting farm products or materials incidental to a local farming operation where the transport requires incidental use of a way, provided that the farmer exercises reasonable care to prevent hazardous spillage.

Related Information

• Cargo securement exExplanation

Citations

• New Hampshire Revised Statutes Annotated §266:72
• Federal regulation 49 CFR 393, Subpart I