28-1106. Restriction on highway usage; definitions
A. By ordinance or resolution and for a total period of not more than ninety days in any one calendar year, a local authority with respect to highways under its jurisdiction may prohibit the operation of a vehicle on the highway or may impose restrictions as to the weight of a vehicle to be operated on the highway if the highway by reason of deterioration, rain, snow or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles on the highway is prohibited or the permissible weights of the vehicles are reduced.
B. A local authority enacting an ordinance or resolution pursuant to subsection A of this section shall erect or cause signs to be erected and maintained designating the provisions of the ordinance or resolution at each end of that portion of a highway affected by the ordinance or resolution. The ordinance or resolution is not effective until the signs are erected and maintained.
C. A local authority with respect to highways under its jurisdiction may prohibit by ordinance or resolution the operation of trucks or other commercial vehicles or may impose limitations as to the weight of vehicles on designated highways. The local authority shall place uniform signs designed by the department on the highway to designate the prohibitions and limitations.
D. The director has authority as granted by this section to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated on a highway under the jurisdiction of the director. The restrictions are effective when uniform signs designed by the department giving notice of the restrictions are erected on the highway or portion of the highway affected by the resolution.
E. Notwithstanding subsections C and D of this section, for ordinances or resolutions that are enacted pursuant to this section on and after January 1, 2020 the director or a local authority may only restrict or prohibit a vehicle of legal size from operating on a highway that is a major arterial street that connects two or more local jurisdictions if the department or the local authority conducts a test drive or applies a vehicle template on the highway that shows that a vehicle of a legal size may not safely operate on the highway.
F. If a vehicle of legal size may not safely operate on a major arterial street, the director and local authority may not grant exceptions for categories or types or groups of routes.
G. A highway that does not have a truck restriction before being annexed by a local authority or otherwise transferred to a local authority may not be incorporated into an existing truck restriction that is passed by a local jurisdiction on or after January 1, 2020 unless the highway meets the criteria prescribed by subsection E of this section.
H. A person may request in writing a review of any route restrictions for vehicles of legal size if the route restriction is enacted pursuant to this section on or after January 1, 2020. The director shall act on all requests within ninety days after receiving the written request. If the director determines that a vehicle of legal size can operate safely on a major arterial street, the local jurisdiction may not restrict that major arterial street.
I. For a major arterial street that has a truck restriction that does not provide through access between two or more jurisdictions before January 1, 2023 and that is subsequently improved from and after December 31, 2022 to provide through traffic between two or more jurisdictions, the truck restriction is nullified unless at least one of the criteria below is met:
1. The highway is a major arterial street that meets the criteria prescribed by subsection E of this section.
2. A local authority notifies by certified mail all active statewide associations that are registered for lobbying purposes with the secretary of state and that primarily represent trucking interests of the new through traffic connection, and the local authority obtains a letter of support from all of the associations.
3. The subsequent improvement providing a through connection is located one mile or less from a reasonable alternative route that provides a through access or connection to the other jurisdictions without restrictions.
J. The signs prescribed in subsections C and D of this section shall be placed near every intersection or junction with a traffic control device along designated highways, shall inform the public of the restrictions and shall either direct the public to the fastest route to leave a restricted route or inform the public of the distance that the route is restricted. Beginning January 1, 2024, the restrictions imposed pursuant to subsections C and D of this section are unenforceable on restricted routes in existence from and after October 30, 2023 if the director or local authority fails to erect or maintain signs as prescribed by this subsection.
K. For the purposes of this section:
1. "Major arterial street":
(a) Means an arterial street as defined in section 28-6531.
(i) A principal arterial street.
(ii) Any arterial street if a local authority does not distinguish between major and minor arterial streets.
(iii) Any arterial street that has access to a freeway, controlled access highway or the national highway system.
(iv) Any arterial street that has a bridge along its route.
(v) Any arterial street that is designated as a major arterial street in an adjoining jurisdiction.
2. "Reasonable alternative route" means a highway that does not restrict or prohibit a vehicle of legal size from operating and that does not directly connect to a highway under the jurisdiction of another local authority with an immediate adjacent existing restriction or prohibition enacted pursuant to this section.
3. "Safely operate" means a determination based on a test drive, traffic engineering study or application of a vehicle template that a vehicle of legal size may operate on a highway that is a major arterial street without causing a significant and clearly evident safety problem in relation to a vehicle of legal size.
4. "Truck restriction" means an ordinance or resolution that prohibits or limits the operation of trucks or other commercial vehicles on designated highways.
5. "Vehicle of legal size" means a vehicle that complies with the limitations set forth in all of the following:
(a) Section 28-1093, subsection C.
(b) Section 28-1094.
(c) Section 28-1095, subsections A and B unless exempt pursuant to section 28-1095, subsection D.
(d) Section 28-1095, subsection C, paragraphs 1, 2, 3 and 4 unless exempt pursuant to section 28-1095, subsection D.