OOSC, Part II, Item 2. Cargo Securement - Recycled Scrap Metal,

We are experiencing a large volume of recyclable scrap metal haulers traveling through our jurisdiction as our city contains a large steel recycling facility serving as their final destination. These carriers will typically use a high side rear dump trailer (seen in attached photos) to carry their loads. These loads are either in loose scrap metal or compacted square bails of the same loose metal. The enforcement and safety issue is that they will load these trailers above the side walls of the trailer, load level with the side wall but have loose material (see example photo 2) or they will load 90% full with loose scrap metal and place crushed/flattened cars on top of the loose material for securement. We routinely see large pieces of metal sitting in lanes of traffic on both of our major highways and have seen multiple civilian motorist vehicles struck by metal objects leaving these loads (see example video and local Fox news clip https://www.youtube.com/watch?v=N3H3FczZU3c). We receive numerous calls for service from passing motorist when they observe objects leaving these vehicles consuming LE resources.

As this is a large part of the commercial traffic in our jurisdiction, we do not have a way to enforce the prevention of these unsecure loads roadside. Looking at both state law and federal regulations (393.100-393.136) there does not appear to be anything which covers recycled metal. The requirement to tarp a load only extends to trash, sand, rock/gravel and wood chips. While some of these loads extend above the sidewalls of the trailer, others will be level with the height of the side walls and still allow this recycled loose metal to exit the vehicle. With the driver's who place a crushed/flattened car on top of the load, the car will not be secured in any fashion. It is unclear to both enforcement and carrier in this instance if the driver is considered a flattened car carrier or a recycled metal carrier.

I would like to see a regulation requiring these carriers of recycled metal to have some form of tarping requirement to prevent their load from leaving the vehicle. Currently there is no preventative enforcement measures, only when the load actually leaves the vehicle. I would also like clarification as to the carriers who place a flattened cars on top of the scrap loads, are they are considered to be a flattened car carrier or recycled metal carrier.