28-1110. Escort vehicle operation; training and certification; insurance; exemption

A. Except as otherwise provided in this section, any individual operating an escort vehicle that is escorting a vehicle required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state shall have completed training in and be certified by a program that meets the escort vehicle operator training and certification standards of the commercial vehicle safety alliance, including best practices in traffic control techniques on the road, or an equivalent program that meets the same objectives before entering into service as an escort vehicle operator.

B. An escort vehicle operator shall repeat training and certification requirements at least once every four years.

C. An escort vehicle operator shall:

1. Be at least eighteen years of age.

2. Have a valid driver license.

3. Have a legible and valid escort vehicle operator certificate issued in this state or in another state in the operator's immediate possession while operating an escort vehicle that is escorting a vehicle required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state.

D. Escort vehicle operators who are trained and certified pursuant to subsection A of this section may perform traffic control under guidelines developed by the department of transportation, the department of public safety and the transportation industry.  Escort vehicle operators who perform traffic control must have in force a minimum level of commercial liability insurance as prescribed by the director of the department of transportation and that is not less than five hundred thousand dollars.

E. An individual who operates an escort vehicle in violation of this section or rules adopted by the director relating to the operation of escort vehicles is responsible for a civil traffic violation.

F. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of judgment for the violation to the department.

G. This section does not apply to law enforcement personnel escorting overdimensional permitted loads in the conduct of their normal duties or under contract to governmental entities.

H. A certification issued by another state authorizing a person to escort vehicles required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state satisfies the certification requirements of this section but does not authorize the person to perform traffic control except as prescribed by rules established by the department.