(a) General. No person shall drive a motor vehicle, and no motor carrier shall require or permit a person to drive a motor vehicle, unless:
(1) The vehicle's cargo is properly distributed and adequately secured as specified in CFR 393.100 to 393.106.
(2) The vehicle's tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation, and the means of fastening the vehicle's cargo, are secured; and
(3) The vehicle's cargo or any other object does not obscure the driver's view ahead or to the right or left sides, interfere with the free movement of his or her arms or legs, prevent his or her free and ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the vehicle's cab or driver's compartment.
(b) Drivers of Trucks and Truck Tractors. Except as provided in paragraph (b)(4) hereof, the driver of a truck or truck tractor must:
(1) Assure himself or herself that the provisions of subsection (a) hereof have been complied with before he or she drives that vehicle;
(2) Examine the vehicle's cargo and its load-securing devices within the first twenty-five miles after beginning a trip and cause any adjustments to be made to the cargo or load-securing devices (other than steel strapping) as may be necessary to maintain the security of the vehicle's load; and
(3) Re-examine the vehicle's cargo and its load-securing devices periodically during the course of transportation and cause any adjustments to be made to the cargo load-securing devices (other than steel strapping) as may be necessary to maintain the security of the vehicle's load. A periodic re-examination and any necessary adjustments must be made:
A. When the driver makes a change of his or her duty status;
B. After the vehicle has been driven for three hours; or
C. After the vehicle has been driven for 150 miles, whichever occurs first.
(4) The rules in this subsection do not apply to the driver of a sealed vehicle who has been ordered not to open it to inspect its cargo or to the driver of a vehicle that has been loaded in a manner that makes inspection of its cargo impracticable.
(c) Buses. No person shall drive a bus, and a motor carrier shall not require or permit a person to drive a bus, unless;
(1) All standees on the bus are aware of the standee line or other means prescribed in CFR 393.90;
(2) All aisle seats in the bus conform to the requirements of CFR 393.91; and
(3) Baggage, freight, or express on the bus is stowed and secured in a manner which assures:
A. Unrestricted freedom of movement to the driver and his or her proper operation of the bus;
B. Unobstructed access to all exits by any occupant of the bus; and
C. Protection of occupants of the bus against injury resulting from the falling or displacement of articles transported in the bus.
A driver whose visual acuity meets any of the minimum requirements of CFR 391.41 only when he or she wears corrective lenses must wear properly prescribed corrective lenses at all times while he or she is driving. If a driver wears contact lenses while driving, he or she must have a spare lens or set of lenses on his or her person when he or she drives.
A driver whose hearing meets the minimum requirements of CFR 391.41 (b)(11) only when he or she wears a hearing aid shall wear a hearing aid and have it in operation at all times while he or she is driving. The driver must also have in his or her possession a spare power source for use in the hearing aid.
(Ord. 97-10. Passed 11-5-97.)