Title 28, Transportation

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…

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…

In this article, unless the context otherwise requires: 1. "Business area" means an area that is outside municipal limits, that embraces all of the land on the same side of the highway on which one or more commercial or industrial activities are conducted, including all land with…

A. The following outdoor advertising may be placed or maintained along an interstate, secondary or primary system within six hundred sixty feet of the edge of the right-of-way: 1. Directional or other official signs or notices that are required or authorized by law, including sig…

A. Outdoor advertising shall not be placed or maintained adjacent to the interstate, secondary or primary systems at the following locations or positions, under any of the following conditions or if the outdoor advertising is of the following nature: 1. If it is within view of, d…

Directional and other official signs authorized by section 28-7902, subsection A, paragraph 1 shall comply with rules that are adopted by the director, that are relative to the lighting, size, number, spacing and other requirements as appropriate to implement this article and tha…

A. After April 1, 1970, outdoor advertising placed in business areas, and after April 1, 1972, outdoor advertising placed in unzoned commercial or industrial areas outside municipal limits, shall comply with this article and the following standards: 1. The size of outdoor adverti…

A. The director shall acquire by gift, agreement, purchase, exchange, eminent domain or other lawful means all right, title, leasehold and interest in any outdoor advertising together with the right of the owner of the real property on which the outdoor advertising is located to …

A. The director shall enter into the agreement with the United States secretary of transportation provided for by 23 United States Code section 131(d) providing the standards governing the size, lighting and spacing of outdoor advertising authorized under section 28-7902, subsect…

A. The director shall adopt and enforce rules governing the placing, maintenance and removal of outdoor advertising. The rules shall be consistent with: 1. The public policy of this state to protect the safety and welfare of the traveling public. 2. This article. 3. The terms of …

A. The director shall issue permits to place or maintain, or both, outdoor advertising authorized under section 28-7902, subsection A, paragraphs 1, 4, 5, 6, 7 and 8 and to establish and collect fees for the issuance of the permits. The fees shall not exceed the actual costs to t…

A. On receipt of any resolution or other clear direction from any state agency, county, city, town or other governmental agency and of an analysis of negative economic impacts provided by the entity pursuant to the criteria and method of economic analysis determined by the direct…

A. On receipt of a resolution from any group of tourist related businesses, chambers of commerce or other such nongovernmental entities, and of an analysis of negative economic impacts provided by the entity pursuant to the criteria and method of economic analysis determined by t…

A. An incorporated city or town or a county may control outdoor advertising along interstate, secondary and primary highways on request to the director and certification by the director to the United States secretary of transportation that the city, town or county: 1. Has enacted…

To provide information in the specific interest of the traveling public, the director may authorize advertising displays at safety rest areas and at information centers.

This article is cumulative and supplemental to other provisions of law and does not affect or enlarge any authority of counties, cities or towns pursuant to any other provisions of law that may exist to enact ordinances regulating the size, lighting and spacing of outdoor adverti…

A person who violates this article or a rule of the director adopted under this article is guilty of a class 2 misdemeanor.

In this article, unless the context otherwise requires: 1. "Automobile graveyard" means an establishment or place of business maintained, used or operated for storing, keeping, buying or selling wrecked, abandoned, scrapped, ruined or dismantled motor vehicles or motor vehicle pa…

A. If it is considered feasible by the director, the director may screen a junkyard that is in existence on July 1, 1974, that is located within one thousand feet of the nearest edge of the right-of-way of the interstate or primary systems and that is visible from the main travel…

A. After July 1, 1974, a person shall not establish a new junkyard or expand a junkyard lawfully existing on July 1, 1974, any portion of which is within one thousand feet of the nearest edge of the right-of-way of the interstate or primary systems, without obtaining a screening …

The establishment, operation or maintenance of a junkyard contrary to this article is a public nuisance, and the governing body responsible for the street or highway on which the junkyard is located or the director, in the case of this state, may apply to the superior court in th…

This article does not affect the provisions of any lawful ordinance or regulation that is more restrictive than this article.

A person who violates this article or a rule of the director adopted under this article is guilty of a class 2 misdemeanor.

A. Pursuant to section 28-332, the department may cooperate with cities, towns, counties and other governmental authorities, including regional planning agencies, to plan and coordinate regional public transportation services in and adjoining a vehicle emissions control area as d…