OOSC, Part II, Item 2. Cargo Securement - Rocks and Debris

The issue is with respect to vehicles transporting heavy machinery or equipment and the accumulation of dirt and rock on the bed of these vehicles as well as the aggregate material that has accumulated in the crawler tracks or associated equipment. FMCSA through email has communicated to Pennsylvania and Industry (see attached) that this accumulated material shall not be considered cargo and would not be required to be secured in accordance with the requirements of 393.100 (b). As such, this aggregate material falling from the vehicle, in FMCSA's opinion would not constitute a violation of 393.100(b).

It is our position that the rocks and clumps of dirt loaded on a trailer with the piece of heavy equipment present a danger to the motoring public when they break loose and lie unsecured on the trailer deck or fall from the piece of equipment or trailer onto the roadway. This is no different than loose debris falling from flattened or crushed cars, in that the debris can fall from the trailer and strike another vehicle or land on the roadway and present a safety hazard. Unlike snow on the roof of a trailer, for which the carrier has no control, the carrier certainly has control over loading equipment without cleaning dirt, rock and debris from the same. I can certainly understand why FMCSA would not require by regulation that ALL dirt and debris be required to be removed from a piece of heavy equipment prior to transportation, as I could see where some officer’s may take a literal approach to enforcement. That being said however, it is the individual officer at the time of the stop who determines whether the volume of rock and debris lying on the trailer can be considered cargo and constitutes a hazard and therefore be removed or in some manner secured. Much like allowing an individual officer to make a determination as to when a load needs to be immobilized or secured in a vehicle to prevent shifting if that shifting were to effect the maneuverability or stability of the vehicle.

1. Modify the OOS Criteria Item 7. Securement of Cargo, letter a. to read: Part(s) of a vehicle or condition of loading such that the spare tire or any part of the dunnage, load, or cargo including material affixed to the cargo can fall onto the roadway. 2. Have CVSA request FMCSA to issue official interpretation or clarification.