(1) A person commits the offense of operating with a sifting or leaking load if the person does any of the following:

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(a) Drives or moves on a highway any vehicle or combination of vehicles that is so constructed or loaded so as to allow its contents to drop, sift, leak or otherwise escape therefrom.

(b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven or moved on a highway when the vehicle or combination of vehicles is so constructed or loaded so as to allow its contents to drop, sift, leak or otherwise escape therefrom.

(2) The application of this section is subject to the exemptions from this section established under ORS § 818.310.

(3) Violation of the offense described in this section is subject to civil liability under ORS § 818.410.

(4) The offense described in this section, operating with a sifting or leaking load, is a Class B traffic violation. [1983 c.338 § 524; 1985 c.393 § 31]