§ 1396. Special limits for bridges and highways

(a) When, in the opinion of the Secretary of Transportation, a highway or bridge on the State Highway System or class 1 town highway, or when, in the opinion of the legislative body of a municipality, any class 2, 3, or 4 town highway or bridge under the jurisdiction of the municipality may be varied from the weight limit specified in section 1392 of this title, then the Secretary of Transportation for the State Highway System or the legislative body may designate the legal load limit for the highway or bridge. However, when the legislative body of a municipality requests in writing, the Secretary of Transportation may set the weight limit on a class 1 town highway at less than the State highway limit under section 1392 of this title, if a reasonable alternative route is available for those vehicles traveling at the State highway limit.

(b) In making the determination as to whether a reasonable alternative route is available, the Secretary of Transportation shall, at a minimum, consider the following factors:

(1) whether the alternative routing will reduce or relieve traffic congestion in a downtown area;

(2) whether the alternative routing will enhance safety;

(3) the length of the alternative route, and any increase in time made necessary by use of the alternative route;

(4) whether an adverse effect has been created relative to the quiet enjoyment and property values of people living along the alternative route.

(c) Any decision of the Secretary made under this section may be appealed, in writing, to the Transportation Board within 30 days of the Secretary's decision. The Transportation Board shall decide the question within 45 days of receipt of the appeal, and may take evidence or testimony. Except as otherwise provided, the designated legal load limit for the highway or bridge shall not be less than 20,000 pounds for a single traction engine, tractor, trailer, motor truck, or other motor vehicle for the State system or any class 1 or 2 town highway nor less than 16,000 pounds for any other town highway. (Amended 1993, No. 61, § 27, eff. June 3, 1993; 1993, No. 186 (Adj. Sess.), § 3; 1995, No. 119 (Adj. Sess.), § 8.)