§ 42-4-512 — Liability for damage to highway

(1) No person shall drive,
operate, or move upon or over any highway or highway structure any vehicle, object,
or contrivance in such a manner so as to cause damage to said highway or highway
structure. When the damage sustained to said highway or highway structure is the
result of the operating, driving, or moving of such vehicle, object, or contrivance
weighing in excess of the maximum weight authorized by sections 42-4-501 to 42-4-512 and 42-4-1407, it shall be no defense to any action, either civil or criminal,
brought against such person that the weight of the vehicle was authorized by
special permit issued in accordance with sections 42-4-501 to 42-4-512 and 42-4-1407.

(2) Every person violating the provisions of subsection (1) of this section shall
be liable for all damage which said highway or highway structure may sustain as a
result thereof. Whenever the driver of such vehicle, object, or contrivance is not the
owner thereof but is operating, driving, or moving such vehicle, object, or
contrivance with the express or implied consent of the owner thereof, then said
owner or driver shall be jointly and severally liable for any such damage. The
liability for damage sustained by any such highway or highway structure may be
enforced by a civil action by the authorities in control of such highway or highway
structure. No satisfaction of such civil liability, however, shall be deemed to be a
release or satisfaction of any criminal liability for violation of the provisions of
subsection (1) of this section.

(3) Any person who violates any provision of this section commits a class A
traffic infraction.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2339, � 1, effective January 1, 1995.