Title 28 — Transportation

In this chapter, unless the context otherwise requires: 1. "Concession" means any lease, ground lease, franchise, easement, permit or other binding agreement transferring rights for the use or control, in whole or in part, of an eligible facility by the department or other unit o…

The department shall adopt such rules or guidelines as it determines necessary to carry out this chapter.

The department shall provide for the development or operation of eligible facilities using a variety of project delivery methods and forms of agreement. The methods may include a wide range of possibilities, including: 1. Predevelopment agreements leading to other implementing ag…

A. The department: 1. May procure services under this chapter using any of the following: (a) Requests for project proposals in which the department describes a class of transportation facilities or a geographic area in which private entities are invited to submit proposals to de…

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…

1. Authorize the department or the private partner to establish and collect user charges, tolls, fares, rents, advertising and sponsorship charges, service charges or similar charges, including provisions that: (a) Specify technology to be used in the facility. (b) Establish circ…

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. Grants, loans, loan guarantees, lines of credit, revolving lines of credit or other arrangements available under the transportation…

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…

[Repealed or reserved.]

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…

B. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

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…

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 hearing to enforce a toll evasion. 2. "Deliver" means to sen…

[Repealed or reserved.]

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 evasion an additional administrative charge and a penalty. C. The department ma…

B. A toll operator is not required to offer video toll transactions as a method for paying tolls.

B. Except as provided in sections 28-7756 and 28-7757, the registered owner of the motor vehicle, even if the registered owner of the motor vehicle is not the operator of the motor vehicle, is jointly and severally liable with the operator of the motor vehicle for the tolls, admi…

1. All of the following conditions are satisfied: (a) The motor vehicle involved in the toll nonpayment was stolen before the toll transaction occurred and had not been recovered before the toll transaction occurred. (b) The theft was reported to the appropriate law enforcement a…

1. The motor vehicle involved in the toll nonpayment is registered in the name of the lessee of the motor vehicle at the time toll nonpayment occurs. 2. Within fourteen calendar days after the issue date on the notice of toll nonpayment, the lessor delivers to the toll operator a…

B. A notice of payment due must be delivered within forty-five calendar days after the toll nonpayment occurs, except that, if information concerning the identity and address is not available to the toll operator within forty-five calendar days after the toll transaction occurred…

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 toll facility resulting in the toll evasion and the approximate location where the transaction or use occurred. 2. The vehicle license plate numb…

B. A toll operator 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 must file a petition for an administrative hearing within one year after the deadline prescribed in the notice of toll evasion. C. If …

B. Liability for a toll evasion or associated tolls, administrative charges and penalties is not a moving violation pursuant to this title, and an insurer shall not consider the liability against the person for the purposes of establishing rates for motor vehicle liability insura…

B. The department shall renew the registration and license plate of a motor vehicle, trailer or semitrailer refused pursuant to subsection A of this section only if the department is notified by each toll operator to whom payment is owing under a final decision, order or judgment…

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…

B. The registered owner of a motor vehicle that is immobilized, towed or impounded for unsatisfied liability under this section, the spouse of the registered owner and each person identified on the department's record with an interest in the motor vehicle shall be provided an opp…