Title 28, Transportation

Before entering into a public-private partnership or other agreement for any eligible facility under this chapter, the department shall consider the following factors: 1. The ability of the eligible facility to improve safety, reduce congestion, increase capacity and promote econ…

A. In any public-private partnership or other agreement for any eligible facility under this chapter, the department may include provisions that: 1. Authorize the department or the private partner to establish and collect user charges, tolls, fares, rents, advertising and sponsor…

A. Any lawful source of funding may be used for the development or operation of an eligible facility under this chapter, including: 1. The proceeds of grant anticipation revenue bonds authorized by 23 United States Code section 122 or any other applicable federal or state law. 2.…

A. A proposer shall identify those portions of a proposal or other submission that the proposer considers to be trade secrets or confidential commercial, financial or proprietary information. In order for confidential and proprietary information and trade secrets to be exempt fro…

Either separately or in combination with any other public sector partner, this state may enter into working agreements, coordination agreements or similar implementation agreements.

This state may exercise the power of eminent domain to acquire property, rights-of-way or other rights in property for projects that are necessary to develop, operate or hold an eligible facility under this chapter, regardless of whether the property will be owned in fee simple b…

A. If no federal monies are used on an eligible facility, the laws of this state, including this chapter, govern. Notwithstanding any other provision of this chapter, if federal monies are used on an eligible facility and applicable federal laws conflict with this chapter or requ…

A. The department may submit to the attorney general any agreement entered into under this article. On the submission of the agreement to the attorney general, the attorney general shall investigate and determine the validity of the agreement. B. If the agreement complies with th…

In this article, unless the context otherwise requires: 1. "Administrative charge" means the amount that may be assessed for the costs of processing a notice of payment due or notice of toll evasion, including the costs to collect unpaid tolls and to pursue an administrative hear…

Toll evasion is a civil violation.

A. A toll operator may collect tolls, administrative charges and penalties. B. Subject to subsection C of this section, if a toll operator issues a notice of toll evasion because the notice of payment due is not paid on time, the toll operator may impose in the notice of toll eva…

A. If a transponder or other electronic toll payment device is used to pay tolls or other charges due, the device shall be located in or on the motor vehicle in a manner prescribed by the toll operator and consistent with applicable law. B. A toll operator is not required to offe…

A. The operator of a motor vehicle on a toll facility is liable for paying the applicable tolls, administrative charges and penalties imposed pursuant to this article. B. Except as provided in sections 28-7756 and 28-7757, the registered owner of the motor vehicle, even if the re…

A. The registered owner or lessee of a motor vehicle is not liable for toll nonpayment, toll evasion or related tolls, administrative charges and penalties if either: 1. All of the following conditions are satisfied: (a) The motor vehicle involved in the toll nonpayment was stole…

A. The lessor of a motor vehicle is jointly and severally liable with the lessee for the toll nonpayment, toll evasion and related tolls, administrative charges and penalties unless both of the following conditions are satisfied: 1. The motor vehicle involved in the toll nonpayme…

A. If a motor vehicle is found by electronic transaction and payment technology or by visual observation to be involved in a toll nonpayment, the toll operator may deliver to the registered owner of the motor vehicle a notice of payment due. B. A notice of payment due must be del…

A. Within thirty days after a toll evasion occurs, the toll operator may deliver to each person liable for the toll a notice of toll evasion. B. The notice of toll evasion shall include all of the following: 1. The date and approximate time of the transaction on or use of the tol…

A. A toll operator that seeks to enforce collection of tolls, administrative charges and penalties, or a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered pursuant to section 28-7759 and who seeks to contest the alleged toll evasion and…

A. The toll operator shall report to the department satisfaction of the liability within five calendar days after the toll operator receives payment on a form supplied by the department. B. Liability for a toll evasion or associated tolls, administrative charges and penalties is …

A. The director shall refuse to register a motor vehicle, trailer or semitrailer owned by or registered to a person who is subject to a final decision, order or judgment of liability for a toll evasion. B. The department shall renew the registration and license plate of a motor v…

The department shall suspend the license of a driver on a showing by department records or other sufficient evidence that the licensee is subject to a final decision, order or judgment of liability for toll evasion for the longer of the following: 1. Thirty days. 2. Until the dep…

A. On petition by a toll operator, a hearing officer may order that a motor vehicle be immobilized, towed or impounded for the purpose of facilitating enforcement of any toll evasion if the hearing officer finds that the person is a repeat toll evader and has unsatisfied liabilit…