Opinion No. (2002)

BILL LOCKYER Attorney General THOMAS S. LAZAR Deputy Attorney General THE HONORABLE TOM TORLAKSON, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: Is a load of aggregate material required to be covered when transported on a highway if it remains six inches from the upper edge of the sides, front and back of the vehicle's cargo container area and does not extend at its peak above any part of the upper edge? CONCLUSION A load of aggregate material is not required to be covered when transported on a highway if it remains six inches from the upper edge of the sides, front and back of the vehicle's cargo container area and does not extend at its peak above any part of the upper edge. However, the operator of the vehicle remains subject to citation if any of the material escapes from the vehicle. ANALYSIS Vehicle Code section 23114 1 provides: "(a) No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle. "(b)(1) Aggregate…