28-1092. Reasonable access; definitions

A. The department shall provide reasonable access to vehicles of legal size to and from terminals and service facilities within one road mile of the national network on highways within its jurisdiction.

B. The local authority shall provide reasonable access to vehicles of legal size to and from terminals and service facilities within one road mile of the national network on highways within its jurisdiction. The local authority shall provide the director with a list of routes or maps designating the highways on which reasonable access is denied by December 1, 1992. The local authority shall update the list annually beginning on December 31, 1993. The department shall consolidate and publish the list annually.

C. Except as otherwise provided by this title, the department or the local authority shall provide reasonable access to vehicles of legal size beyond one road mile of the national network on a route on highways within its jurisdiction if both of the following apply:

1. A test drive on the route or an application of a vehicle template to a plan of the route shows that vehicles of legal size can safely travel on the route.

2. The vehicles are of legal size.

D. The department and the local authority may deny reasonable access to or from the national network by a vehicle of legal size on highways within their jurisdiction as follows:

1. Reasonable access may be denied if access would result in a significant and clearly evident safety problem in relation to a vehicle of legal size.

2. For vehicles that are at least one hundred two inches wide, reasonable access may be denied on specific routes with lanes that are ten feet wide or less.

3. Reasonable access may be denied if denial is related to the specific configuration and resultant safety factor of the individual route, including structural hazards.

4. In denying reasonable access, the department or local authority shall not grant exceptions for categories, types or groups of routes.

E. A person shall submit a written request for reasonable access to the department if it concerns highways under its jurisdiction or to the local authority if it concerns highways under its jurisdiction. If a written request for reasonable access is not acted on within ninety days after receipt by the appropriate jurisdiction, reasonable access is approved. If a written request for reasonable access is denied by the department or the local authority, the person may appeal to the jurisdiction that denied access, and the jurisdiction shall issue a decision within ninety days. If the appeal is denied by the local jurisdiction, the person may request a review by the director of the denial of access.

F. The department shall design a uniform symbol that is an exception sign to convey information that access is denied. The department shall use the sign to indicate any point of exit from the national network that does not have a connecting state or local authority access route to terminals or service facilities.

G. The department or a local authority shall not require a person to obtain a permit for a vehicle of legal size or to pay a fee to gain reasonable access pursuant to this section.

H. For purposes of this section:

1. " National network" means the system of highways that is a part of any segment of the national system of interstate and defense highways or any other qualifying federal aid highway or state highway designated by the director as authorized by the surface transportation assistance act of 1982 (P.L. 97-424; 96 Stat. 2097) and designated pursuant to section 28-1093.

2. " Reasonable access" means providing the most reasonable and practical route available, including allowance for return of the vehicle to the national network on a route other than the route traveled to the terminal or service facility if it is feasible and more practical to follow the alternate route, unless allowing access would result in a significant and clearly evident safety problem.

3. " Service facility" means a facility that provides food, fuel, lodging, repairs or emergency medical care.

4. " Terminal" means a location where either:

(a) Freight originates, terminates or is handled in the transportation process.

(b) Commercial motor carriers maintain operating facilities.

5. " Vehicle of legal size" means a vehicle of a size that meets the limitations prescribed in section 28-1093, subsection C, section 28-1094 and section 28-1095, subsections A and B, subsection C, paragraphs 1, 2, 3 and 4 and subsection D.