Requirements and prohibitions
256(1)No person shall operate on a highway a vehicle carrying material that is injurious to a highway or that would constitute a hazard to users of the highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
256(2)A shipper who loads or causes to be loaded a vehicle that is to be operated on a highway shall ensure, if the vehicle is carrying material that is injurious to a highway or that would constitute a hazard to users of the highway, that the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom.
256(3)No person shall operate on any highway any vehicle with any load unless the load and any covering thereon are securely fastened in accordance with the regulations.
256(4)A shipper who loads or causes to be loaded a vehicle that is to be operated on a highway shall ensure that the load and any covering thereon are securely fastened in accordance with the regulations.
256(5)The Lieutenant-Governor in Council may make regulations respecting the fastening of loads, and of any covering on loads, on any vehicle operated on a highway.
256(6)A peace officer may direct the operator or person having care or control of a vehicle with a load
(a)
to drive or move the vehicle to a location specified by the peace officer and to leave the vehicle standing at that location until the vehicle is loaded and any load and covering on the load are securely fastened as required by this section and the regulations, and
(b)
to forthwith load the vehicle or securely fasten any load or cover on a load or cause the vehicle to be loaded or any load or cover on a load to be securely fastened as required by this section and the regulations.
256(7)A person who fails or refuses to comply with a direction given to him by a peace officer under this section commits an offence.
256(8)Where the operator or person having care or control of a vehicle with a load is directed to drive or move the vehicle to a specified location and to leave the vehicle standing at that location until the vehicle is loaded or any load or covering is securely fastened as required by this section and the regulations, the vehicle and the load shall be cared for by the operator or the person having care or control of the vehicle at the risk of the operator or person having care or control of the vehicle.
256(9)A peace officer, for the purposes of giving a direction under subsection (6), may
(a)
signal the operator of a vehicle with a load to stop, and
(b)
give the operator or the person having care or control of the vehicle such directions as to the operation of the vehicle as he considers necessary.
256(10)An operator or a person having care or control of a vehicle with a load who fails or refuses to comply with a signal to stop or with a direction as to the operation of the vehicle given to him by a peace officer under subsection (9) commits an offence.
1955, c.13, s.229; 1966, c.81, s.14; 1967, c.54, s.20; 1967, c.54, s.20; 1977, c.M-11.1, s.17; 1983, c.52, s.29; 1985, c.34, s.20; 1986, c.56, s.11