Title 28 — Transportation

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…

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…

A. The department may make grants to governmental authorities provided in section 28-8131 for the purposes provided in this article and may cooperate with local authorities in improving existing transit services and in integrating these services to: 1. Better meet public transpor…

A. The department may conduct demonstration or pilot projects to evaluate the effectiveness of new, extended, improved or integrated public transportation services, bicycle activities, pedestrian activities, intermodal transportation activities, and car pooling or van pooling act…

In a county in which a regional public transportation authority has been established pursuant to title 48, chapter 29, the department may participate in the regional transit planning, coordination and demonstration activities prescribed by this article only in consultation with t…

In this article and articles 2 through 5 of this chapter, unless the context otherwise requires: 1. "Aeronaut" includes any aviator, pilot, balloonist and other person participating in the operation of aircraft while in flight. 2. "Aircraft" includes a balloon, airplane, amphibia…

A. The state aviation fund is established consisting of the following: 1. Aviation fuel taxes or motor vehicle fuel taxes deposited by the department. 2. Monies deposited by the department as a result of the sale of an abandoned aircraft as defined in section 28-8243 or seized ai…

The director may establish fees for use of state owned airports and appurtenant facilities, including the following: 1. Landing and takeoff for commercial aircraft. 2. Aircraft tiedown. 3. Vehicle parking. 4. Equipment use. 5. Aircraft servicing. 6. Facility use. 7. Damages to eq…

A. A new airport shall not be constructed within the boundaries of an urbanized area or within twenty-four statute miles of the exterior boundary of an urbanized area without approval of the board. B. The board shall approve construction of a new airport only if both: 1. The cons…

This state has sovereignty in space above land and water of this state, unless sovereignty is granted to and assumed by the United States pursuant to a lawful grant from this state.

Ownership of space above land and water of this state is vested in the several owners of the surface beneath, subject to the right of flight described in section 28-8277.

A. Any crime, tort or other wrong that is committed by or against an aeronaut or passenger while in flight over this state is governed by the law of this state. B. The law of this state determines whether damage by or to an aircraft while in flight over this state is a tort, a cr…

Any contractual or other legal relationship entered into by aeronauts or passengers while in flight over this state have the same effect as if entered into on the land or water beneath the aeronauts or passengers.

Notwithstanding any other law, the civil air patrol may receive monies directly or indirectly from the United States department of homeland security.

A. An assistant director for aeronautics who has an aeronautical background shall administer the aeronautics division of the department. B. The compensation of the assistant director shall be determined pursuant to section 38-611.

A. The department: 1. Shall cooperate with all state, local and federal organizations to encourage and advance the safe and orderly development of aviation in this state. 2. May: (a) Assemble and distribute to the public information relating to aviation, landing fields, navigatio…

A. A person shall not abandon an aircraft on property of another. B. A peace officer who has reasonable grounds to believe that an aircraft has been abandoned may seize the aircraft and cause its removal from property of another. A peace officer who causes the removal of an aircr…

A. A person who is aggrieved by a decision made within the department pursuant to this article or article 1, 3, 4 or 5 of this chapter may request a hearing before the director. The person shall submit a written request for the hearing to the department within thirty days after t…

A. A person who operates aircraft in this state for which a license is required by the United States or a federal agency shall have the class of license that is required. B. It is unlawful for a person to operate aircraft in this state in any manner without a license required by …

A. Aircraft operating in this state shall conform to design, construction and airworthiness standards prescribed by the United States or the appropriate federal agency for the navigation of aircraft subject to its jurisdiction. B. It is unlawful for a person to navigate an aircra…

A. A pilot is responsible for damage to a person or property that is caused by aircraft directed by the pilot or under the pilot's control and that results from the negligence of the pilot, either in controlling the aircraft or while giving instructions to another person. B. If t…

The law applicable to torts on land determines the liability of the owner of one aircraft to the owner of another aircraft or to aeronauts or passengers on either aircraft for damage caused by a collision on land or in the air.

A. A person who rents an aircraft to another person shall both: 1. Deliver to the renter a written notice stating the nature and extent of insurance coverage provided, if any, for the renter against either: (a) Loss of or damage to the hull of the aircraft. (b) Liability arising …

A. Unless another classification is provided, a person who violates this article is guilty of a class 3 misdemeanor. B. An act or omission that is unlawful pursuant to this article does not include an act or omission that violates the laws or regulations of the United States. C. …

Flight of aircraft over lands and waters of this state is lawful, unless either: 1. It is at a low altitude that interferes with the existing use to which land, water or space over the land or water is put by the owner. 2. It is conducted in a manner that is imminently dangerous …

A. Landing of aircraft on lands or waters of another without consent of the owner of the lands or waters is unlawful, unless it is a forced landing. B. The owner or lessee of the aircraft or the aeronaut is liable for damages caused by a forced landing as provided in section 28-8…