Hay protected from rain maintains its quality for an extended period, making it a valuable commodity. Whether used for a dairy, feed lot, or single horse, hay provides the nourishment to keep animals healthy and productive.

When grazing is not an easy option, quality hay that meets nutritional needs is important for feeding livestock through the winter

For many, using slow-moving farm wagons on roads is inefficient if they have to move hay more than a few miles. Farmers with significant hay acreage who use public roads often invest in semi-tractor-trailers equipped with lights, brakes, heavy duty suspensions, larger tires, and turn signals. To cut down on the backand-forth travel from field to barn or customer, the trailers are designed to haul 350 to 500 (or more) small square bales. While it is more efficient, these semi tractor-trailers increase the costs of operation beyond just equipment cost. Additional costs include fuel, insurance, labor, repairs, and special equipment to load and unload.

Regardless of what producers use, one important consideration of moving equipment on county and state roads is to reduce the potential for traffic accidents. Most farmers agree that many drivers on the roads are less accustomed to operating around slow-moving equipment such as farm wagons. Drivers traveling at high speeds may suddenly find themselves behind slowmoving hay wagons. When left with few options, drivers may take last-second evasive maneuvers, such as weaving around equipment, or into oncoming traffic, ditches, mailboxes, trees, driveways, and utility poles. Defensive driving is no longer an option.

Consider all the highway advertising signs where lawyers say, “Call us if you are involved in a truck accident.” There are enough truck accidents to keep injury lawyers fully employed. You could be the most conscientious driver in the world, but any time you spend on the road means more opportunities for accidents to occur regardless of who is at fault.

Think about all the near misses and potential liability you would be exposed to if the hay you are hauling falls onto the public road. It’s serious. That’s why this publication will focus on transporting and securing loads of hay when you haul them on public roads. We will explore how to calculate the number of straps and the strap strengths you will need to safely secure each load based on current state and federal regulations. Our goal is to reinforce the idea that loads of hay transported on highways, when properly secured, can avoid civil fines, prevent accidents, and provide a better defense against lawsuits — not to mention the lost income from damaged loads of hay.

The Concept of Loose and Soft Loads

Hay is considered a “loose” and “soft” load. What we mean by that is that a load of hay is made up of individual bales pushed against each other from side-to-side and front-to-back. Securing these loads can be further complicated when hay bales are stacked on top of one another in layers. Taking evasive action, such as slamming on the brakes when someone cuts in front of you, can force the load to shift forward and backward. On the other hand, turning too quickly can force a load of round bales to roll backward and shift side-to-side.

SOMETHING TO PONDER

“When I am hauling hay and I lose part of a load, it’s a liability I would rather not assume. I don’t want a bale coming off and hitting someone’s windshield or making them swerve. I want the hay to stay on the truck. We must make the effort and never assume that we can make it safely without strapping down a load.” — Comments from a farmer

Transporting hay and straw on public roads raises issues of personal and business liabilities. You can reduce liability by properly securing loose loads to the decks of trailers and off highways. Hay bales on highways can lead to serious injuries and significant property damage when improperly secured. While there are legitimate load securement questions raised when law enforcement personnel stop a vehicle, the tickets and fines they might issue are minor compared to being brought into a courtroom for an accident caused from hay bales falling off your truck or trailer.

Unfortunately, when hay or straw falls on a highway, it may contribute to traffic accidents as drivers try to avoid the bale by swerving to the side only to collide with others passing them in either direction. In other cases, the first vehicle might miss the bale at the last second, but the vehicle immediately behind it may not have time to respond before striking the bale and losing control.

Shapes and Weights of Hay and Straw Bales

Bale sizes include small, medium, and large square bales; round bales; and large round and square bales wrapped in plastic as baleage. Small square bales can weigh between 45 to 70 pounds, while large square bales can be 800 to 1,500 pounds. With these heavier weights, producers use farm machinery like telehandlers, skid loaders, and tractors to pick up the bales and place them on trailers. One advantage of transporting larger bales is that they do not tip over as easily as smaller bales.

Round bales are cheaper to produce for many farmers because their farm machinery can create hay of different sizes depending on need and what they are feeding the livestock. Producers can also produce bales with soft or hard cores. Round bales are the most common type of hay produced in the eastern half of the country.

In the last 25 years, wrapped bales (in long tubes or individually), better known as baleage, have become more common. Producers cut the hay, bale it when moisture levels are between 45 and 55 percent, and then wrap the bales with several layers of plastic. The hay ferments inside the plastic for several weeks and becomes silage that is then fed to livestock.

Weights of Bales

To better understand how to safely secure hay and straw to trailers, you need to know the specific weight of what you are hauling. Knowing the size of each bale and the differences in weight between hay and straw are key.

Minimize Movement During Transportation

Can you imagine following a truck when a bale falls off a trailer? Your split-second decision is to immediately swerve if you have time. If you do not have time, the bale can damage your vehicle. These unwanted interactions can damage vehicles and injure people, leading to serious legal consequences that may take years to resolve through the courts. 

It is important to understand and appreciate weak links in hay and straw transportation. Sometimes, you can see that the hay is not loaded, stacked, or secured as it should be. Some loads simply do not pass the eye test. Before we discuss specific tiedown recommendations, it is important to note how bales can move when transported on trucks and trailers.

“I saw a large round bale roll off a trailer that was heading toward me about a month ago. “It was two hundred yards or so away and heading toward me. I saw the truck shimmy a little. That hint caused me to slow down. That saved me.

“The bale rolled off the top of the load and narrowly missed the front left side of my van. The bale rolled into the ditch and crashed through a fence. I was lucky to have seen the truck bounce just a little. “I was pretty shaken up and had to pull over to settle down. The sad part is the truck driver continued on.” — Comments from a farmer

BALES BAREY HANGING ON

What are people thinking when they load hay in this manner? Round bales want to roll backward. One quick turn around a corner, and these bales can easily slide off onto the roadway.

ALMOST IS NOT GOOD ENOUGH

A single back strap should be at a 45-degree angle to pull it toward the truck. The back bale on the left could easily roll off because these two straps are placed too high to manage the two bales. Dropping the lower strap just a little on the back would make a big difference in securing the back bales from rolling backward. Running two straps fully from front to back could also help better secure the load to the trailer

First Objective: Minimize Forward and Backward Movement

Whether you are transporting round or square bales, load shifting is always a possibility. Of special concern are trailers that lack headboards or rear ramps that provide physical structures that keep loads from moving in either direction.

Keeping round bales on the second level from rolling off the truck when moving can also be a challenge, especially when a driver suddenly stops, turns abruptly, or accelerates quickly. Unsecured loads can potentially roll forward into the truck or backward off the trailer.

Straps are really the only way to tie down loads when trailers do not have physical barriers in the front or back. The operator of this vehicle secured the bottom row of round bales from moving forward or backward by using straps. Placing the back strap down a few more degrees to have it fully secured would slightly improve matters. The strap in this photo appears to be a little too far toward the top of the bale to be well secured. However, the top row is unsecured. The weight of each of the top bales that fit in between the bottom bales is not considered secure according to current regulations.

Second Objective: Prevent Bales from Moving Side-to-Side

You should also consider side-to-side movement when securing a load. Straps along the length of the trailer will help keep hay from falling off the sides. We will cover how many straps you will need and the strength of those securement straps later in this publication.

Third Objective: Center and Tighten Bales on the Trailer

Always center round and square bales on the trailer and pack them tightly. This is crucial to ensure the hay is firmly packed together during transport. Bales that are centered and closely packed provide better support for the straps that secure the load.

Fourth Objective: Stack Pattern Square Bales to Lock Them Together

Depending on the type of bale, there might be as many as six layers stacked one on top of the other. It is a common practice to cross the layers with the long layer followed by a short layer. Crisscrossing in this manner helps to square up the pattern and create a tighter and more stable load.

You can see the difference in the tightness of these loads between. Image A shows bales that have been manually stacked on the wagon in an alternating pattern that helps tie the bales together better to reduce the chance of shifting and tipping. Image B shows an accumulator that makes moving small square bales easier on farmers, but we can see that the bales are not packed as tightly and could easily shift on the wagon when stacked in the same direction.

Fifth Objective: Use Quality Straps to Secure Bales

Using cut and damaged straps defeats all the work you took to create a tight load on the trailer. The straps you see in the following two photos are close to failing. If an accident occurred while using defective straps like these, the operator would be cited for clear evidence of negligence. Straps are a cheap investment compared to the potential expenses of a court case or product loss.

Sixth Objective: Pass the Eye Test

The last consideration is to look at your load and see if it passes the eye test. If it does not, the only option you have is to add more straps to better secure the bales. This leads us into the next section about state and federal load securement regulations.

NO STRAPS ON HAY COULD RUIN YOUR DAY

There are differing opinions on whether round bale hauling trailers require straps.

Many salespeople (and others) assume bales on round bale hauling trailers do not need straps because of the trailer’s cradle design. While the hay or straw sits well in the cradle, there is nothing to keep it from rolling off the sides during a sharp turn. Some argue that if they are transporting less than a mile, then strapping the load is a waste of time.

That is, unless you are the one the bale hits when it rolls off. You are liable whether you are going a short or long distance. Federal and state regulations require operators to secure these loads like any other load of bales.

Put Load Securement Regulations to Work

Those hauling hay on public roads are held to a higher standard of care. Routine roadside inspections by law enforcement are random spot-checks to ensure loads are properly secured based on transportation regulations. Those regulations cover working load limits, the number of straps, and the condition of those straps.

Investigations at accident scenes begin when falling hay leads to severe injuries that require hospitalization or result in the death of drivers or passengers. Law enforcement can move the vehicle and hay load to a limited access facility where they can closely examine the operator’s securement techniques.

In some cases, lawyers hire private investigators to recreate accidents or hire expert witnesses to testify on what they believe caused an accident. Expert witnesses provide a second opinion to the findings in law enforcement reports.

SOMETHING TO PONDER

“You are responsible for securing your load anytime you use a road.

“I responded to a car accident because a farmer neglected to secure his large square bales on his trailer, and one of them fell off the trailer and onto the hood of a pickup truck going in the opposite direction.

“The pickup truck proceeded to veer off the road into a field and up a ditch of a road that intersected the one he was originally on. He was going so fast through the field that when he went up the ditch, the truck went airborne and flew over the road and smashed the truck like a soda can when it landed on the other side of the road.

“He was airlifted to the hospital where he later passed away. No matter what, you are always responsible for securing your load. If you work for someone and they tell you to not worry about it, it's only just down the street, they aren't liable if anything happens, you are.”

— Source: Reddit post by user KemikalBond (www.reddit.com/r/farming/comments/ 183huom/i_have_a_question_to_all_ farmers_do_you_secure/)

Hay falling onto the roadway focuses everyone’s attention on whether the load was properly secured. What does “properly secured” mean? The answer is found in the Federal Department of Transportation (DOT) load securement regulations in 49 CFR Part 393.100-114. Our discussion of these load securement regulations will focus on straps because they are the most common tie-down used for securing hay on trailers.

Load securement regulations basically cover four distinct steps:

1. Determining the number of straps required to be spread across the load
2. Calculating the strength needed across the straps
3. Providing a protective device or substitute strap to prevent the cargo from moving forward
4. Verifying the integrity of the straps used for securing hay to a trailer

4 QUESTIONS FOR SECURING LOADS FOR THE ROAD

Answering these questions are essential for understanding Indiana regulations regarding straps and securements

1 QUANTITY: What is the minimum number of straps required to secure the hay to a trailer?

2 LOAD: What should be the straps' working load limit (WLL)? 

3 PROTECTION:  Is there a protective device that prevents forward movement of cargo? 

4 CONDITION: Are securement devices in good operating condition?

Question 1: What Is the Minimum Number of Straps Required to Secure Hay to a Trailer?

The number of straps required to secure hay to a trailer is based on the weight of the cargo and the length of the cargo on the trailer. This list explains the minimum number of tie downs required to properly secure hay.

• Use 1 tie-down for articles (such as hay) that are 5 feet or less and 1,100 pounds or less

• Use 2 tie-downs for articles that are 5 feet or less and more than 1,100 pounds

• Use 2 tie-downs for articles that are longer than 5 feet but no more than 10 feet

• Use 1 tie-down for every 10 linear feet (or fraction thereof) for articles longer than 10 feet. Assume that a trailer full of stacked hay is 25 feet long. This would require 3 straps — 1 for every 10 feet and 1 for the leftover 5 feet.

MINIMUM NUMBER OF TIE-DOWNS

Know these rules to determine the numbers of tiedowns you need based on the length and weight of the load.

Question 2: What Should Be the Straps’ Working Load Limit?

Each strap has multiple parts (including the hook, ratchet, binder, and webbing) all working together as a single unit. Straps for securing hay are commonly in widths of either 2, 3, or 4 inches. Strap manufacturers place an entire strap unit in a “stretcher” to test its strength to the point where the strap and/or its components begin to fail. The breaking point of the strap assembly varies according to the components used in its manufacture.

Every strap has a number — called the working load limit (WLL) — which is a mathematically derived value certified by the manufacturer. The WLL is one-third of the assembly break strength (ABS). This provides a safety margin to account for unexpected load stresses (such as shifting loads) and to account for normal wear and tear on the strap. Manufacturers often sew tags with the ABS and WLL to one end of their straps. A manufacturer can also stencil the WLL onto a strap at various points along its length. If such a tag is illegible or missing on a strap, the DOT sets the maximum WLL for an unmarked strap at 1,000 pounds per inch of width.

You also need to know the weight of your load. Securement regulations require that the collective WLL for all straps must be equal to half or more of the weight of the hay. The reason the WLL is half of the hay weight is that the straps are used to hold the load onto the deck and they are not required to lift objects — those come with a different set of federal regulations.

Let’s use an example to explain how to calculate WLL. In this example, we will use a 30,000-pound load of hay on a 48-foot trailer. Cumulatively, the straps you use must have a WLL of 15,000 pounds or more You must use five straps for this load (one for every 10 feet plus one for the leftover 8 feet) Assume the straps are two inches wide and the tags indicate the WLL of each is 3,300 pounds. Five straps with a WLL of 3,300 pounds each, when combined, would equal a WLL of 16,500 pounds (3,300 x 5 straps). This would adequately cover the 15,000 WLL required to meet the one-half of the load threshold set by the DOT.

Question 3: Is There a Protective Device that Prevents Forward Movement of Cargo?

One concern of transport is that a load can shift forward, smash the cab, and severely injure the driver. Some trucks and trailers have protective structures at the heads of the trailers that are strong enough to prevent the forward movement of hay into the cab in case of an accident or drastic deceleration. If your equipment does not have a protective device (such as a headboard), federal regulations require an additional strap be placed on the front end of the load.

This extra strap is often referred to as the penalty strap. The issue with hay is that many gooseneck trailers and wagons come equipped with a front railing, but operators load hay higher than that protective device. A sudden stop can mean the top unsecured layers can move forward and crash into the back or top of the cab. This is why an extra strap is required to prevent the load from shifting forward.

(A, B, and C) These photos show protective structures at the front ends of trailers. (D) While this trailer has a protective device, stacking hay above it will not prevent the top layer from moving forward.

Unfortunately, hay can fall off the backs of trailers just as easily as the fronts. The main difference is that a vehicle’s acceleration (backward movement of the load) is much less than the vehicle’s deceleration (forward movement of the load). Regulations only address the forward movement of a load; however, we recommend placing an additional strap around the rear bales when a trailer does not have a gate or ramp. No matter what the regulations say, operators are still responsible for securing their loads.

A HEADACHE RACK EXTENSION CAN STOP LARGER LOADS FROM MOVING

A headache rack extension is a front-end barrier that is adapted to move up or down depending on how high the hay is stacked.

Question 4: Are Securement Devices in Good Operating Condition?

Straps can abrade and tear during normal use, which means you will need to replace them at some point. It goes without saying that a strap’s assigned WLL only applies when the strap is in good working condition. A strap with worn or damaged webbing or attachments means the WLL is no longer valid. The question then becomes: How much damage is too much? This table explains DOT regulations for taking a strap out of service.

Straps are not expected to be perfect when they are repeatedly used. However, once a strap has exceeded the damage criteria, then the strap is considered defective and no longer counted as a legitimate strap.

In terms of regulatory enforcement, when a strap is defective, that means two things:

1. The defective strap no longer counts toward the total number of straps a load requires
2. The defective strap no longer counts toward the cumulative WLL a load requires

If an operator uses a defective strap, it means the load may not have enough WLL or number of straps. If pulled over by law enforcement, the truck could be put out of service. It is considered a good practice to carry extra straps in case you must replace a defective strap at a roadside inspection, or you notice a defective strap as it falls apart on your trip. By having an extra strap to replace a defective one, you can add its WLL back and continue without having the load placed in an out-of-service category. You may still get a ticket for not complying with the load securement regulations, but you can continue to get the hay delivered to its destination.

DAMAGE IS CUMULATIVE ACROSS THE SURFACE OF THE WEBBING THROUGHOUT THE TENSIONED AREA

* The amount of tear and worn areas

DOES THIS LOAD COMPLY WITH LOAD SECUREMENT REGULATIONS?
Enforcement Question 1: Do you have the required number of straps?
Enforcement Question 2: Do you have one-half of the load being carried in the WLL?
Enforcement Question 3: Do you need an extra strap to prevent the cargo from moving forward or backward?
Enforcement Question 4: Are straps within the legal limits of wear and tear?

HAULING HAY IN AN ENCLOSED TRAILER

While hauling hay in an enclosed trailer does not have as many regulations, it does not mean there are none. Obviously, the sides and roof will keep the hay inside the trailer. However, operators using enclosed trailers still need to keep the loads from moving forward and backward. (A) The trailer in this example is fine because the trailer is filled with hay. (B) The load in this example needs a way to prevent the load from shifting backward. One option is to place straps from side-to-side hooking into the railing on the side of this trailer.

Display the Slow-Moving Vehicle Emblem

Ever hear about tragic accidents. Some of these accidents could have been prevented if a driver had not been talking or texting or driving while intoxicated or tired.

Although you may not have caused the accident, you must deal with your insurance company, repair or replace your damaged vehicle or equipment, and cover the medical expenses of an injured driver or passenger. To your surprise and dismay, your insurance provider informs you that the attorney representing the individual responsible for the crash is claiming you should pay part of their damages because of alleged negligence on your end.

You may be thinking, “How could I be negligent when the other driver rear-ended my hay wagon while they were speeding distracted with their phone?” A driver who causes an accident is responsible for covering their part of the collision. To which you might reply, “Cover their part! They caused the accident in the first place by running into me.” However, it is the opposing attorney’s responsibility to see if any of your actions or inactions contributed to the accident. This is where slow-moving vehicle signs are important.

Consider a scenario in which an accident occurs on a rural road at dusk while you are pulling a wagonload of hay. Did your vehicle have a slow-moving sign or visible flashers to warn the driver barreling toward you? The other driver’s attorney may argue that your slow speed contributed to the accident, because you failed to notify their client that you were operating at speeds much slower than the posted limit.

The lawyer will push the narrative that if their client had known you were going at a slow speed they could have prevented the accident by slowing down. Both sides began discussions on what it would take to settle the claims without going to court.

Displaying a slow-moving vehicle sign is a legal requirement that protects drivers and the public. It is intended to advise drivers approaching from the rear that they are encountering equipment that is moving at a slower than posted speed. Hopefully, approaching drivers are paying attention to the bright orange and red sign in front of them. Even if they ignore the sign, you have done your part in warning them of your slower travel speed as long as the sign is visible.

Before harvesting season and transporting hay begin in earnest, make sure all wagons and implements have slow-moving vehicle signs that are clearly visible from the rear. One serious mistake we see is when a wagon has a slow-moving vehicle sign, but it is hidden by following wagons without visible signs. The best approach is to attach slow-moving vehicle signs to every wagon to ensure you properly notify approaching drivers. This is an important part of covering your legal liabilities.

CODE ORANGE 25

If you are traveling less than 25 miles per hour on a highway in Indiana, you must display a slow-moving vehicle sign. “When any vehicle, whether pulled, towed, self-propelled, or animal drawn, which is not under ordinary circumstances moved, operated, or driven at a speed in excess of twenty-five miles per hour, is moved, operated or driven on any public highway which is open for vehicular travel, it shall display a triangular slow moving vehicle emblem” (Indiana Code 9-21-9-1).

 According to Indiana law, would examples A, B, and C require slow-moving vehicle signs? The answer for A is “no” because the truck and gooseneck trailer will travel faster than 25 mph. The answer for B is “yes” if it is on a public road and travels less than 25 mph. The answer is “no” if it only moves on private property. The answer for C is “no,” assuming it will travel faster than 25 mph.

A WORD OF CAUTION: Wagons often lack stability (roadworthiness) when they are towed by a motor vehicle at highway speeds. The ideal speed is 25 mph.

SLOW - MOVING VEHICLE SIGN BACK AND CENTER: Indiana law is clear on how slow-moving vehicle signs should be displayed. “Whenever a vehicle is moved, operated, or driven on a highway that is open for vehicular travel, the vehicle shall display a triangular slow moving vehicle emblem mounted as near as is practicable to the center of mass and at an approximate height of not less than three (3) and not more than five (5) feet from level ground or pavement surface. The emblem shall be mounted so as to be entirely visible from the rear, day or night” (Indiana Code 9-21-9-2).

Operators often ask where to position slowmoving vehicle signs. According to Indiana code, a slow-moving vehicle sign should be displayed in the center of the wagon and between 3 and 5 feet off the pavement.

How important is the slow-moving vehicle sign when transporting hay in the winter? Under dangerous driving conditions, it is difficult enough to see regular traffic in front of you when blowing snow obscures and distorts your vision. Factor in icy roads and slowing down quickly at the last minute will not be an option. Although this truck has its flashers on, the hay blocks them from view. The slow-moving vehicle sign is the only thing that drivers approaching this trailer will see at a distance.

 (A) This slow-moving vehicle sign is perfectly placed on the wagon. It is centered both top to bottom and side to side. (B and C) This operator made a good start by placing signs on the back of each wagon. However, the sign on the lead wagon is too high (B) and the sign on the trailing wagon is too far to the right (C).

FIND OUT MORE

All publications are available from the Purdue Extension Education Store (edustore.purdue.edu) and Purdue Pesticide Programs (ppp.purdue.edu).

Purdue Pesticide Programs offers several publications related to transportation safety (click on the image to read the publication):

Allow Traffic to Flow

Imagine you are pulling a trailer loaded with hay when someone behind you starts honking their horn and gesturing with their hands and fingers. As you look in your side mirrors, you notice a long line of vehicles trailing behind you. You ask yourself why that person is continually honking their horn when you have every right to be on the road just like them?

The drivers you share the road with do not always take kindly to equipment that slows them down and makes them late. As drivers line up behind your equipment, you probably notice cars weaving in and out as if they were on a racetrack looking for a chance to pass. The driver near the back of the line puts the pedal to the metal, starting to pass even though there is a double line on the highway that says not to, and the hill in front screams, “Beware.”

That impatient driver can create an unwanted chain of events - it doesn’t matter who is right or wrong. Perhaps, as the car passes you, it sees an oncoming truck coming over the hill. The driver swerves and hits a telephone pole.

After the dust settles, lawyers for the driver who chose to recklessly pass and became severely injured as a result, alleges you were negligent by not pulling over as required by Indiana law. Their attorney wants you to pay for his client’s medical care and rehabilitation treatments.

By law, slow-moving farm equipment must pull over to allow faster traveling vehicles an opportunity to pass. The criterion for when to pull to the shoulder is when three or more vehicles line up behind farm equipment - we call this the Three Car Rule.

The vehicle right behind you often will not pass you even with plenty of opportunities. It is usually a vehicle back in the line that attempts the long run around all the other vehicles and you. In this photo, you can see a truck pulling a trailer passing a slow-moving vehicle while a hill looms in front of them. Who knows what is coming over the hill in the opposite direction. Is this a lucky day for the passer and you? Maybe not!

THE ‘THREE CAR’ RULE

A person may not drive a motor vehicle…at a slow speed so that three or more other vehicles are blocked and cannot pass on the left around the vehicle; shall give right-of-way to the other vehicles by pulling off to the right of the right lane at the earliest reasonable opportunity and allowing the blocked vehicles to pass. 

CODE: 9-21-5-7

Farm vehicle drivers are required to move to the right if and only if it is safe to do so. Obviously, pulling over is not prudent or safe if the right shoulder has a ditch or steep embankment or if it is lined with power poles, mailboxes, and driveways. Leaving part of your equipment in the road as you pull over can also create problems because a passing driver could clip your equipment. Be cautious if you choose to pull over on someone’s driveway. The weight of your equipment could potentially damage it.