55-4-413 - Liability for damages to highways, bridges and other road structures.
55-4-413. Liability for damages to highways, bridges and other road structures.
(a) The transporter of any mobile home, manufactured home or house trailer subject to the provisions of this part shall be liable for any and all damages resulting from the mobile home, manufactured home or house trailer striking a guardrail, bridge, concrete barrier, overhead structure or other obstruction while traveling on the public roads or highways of the state.
(b) (1) If during transport, a mobile home, manufactured home or house trailer subject to this part blocks traffic on a controlled-access facility as defined by § 54-16-101 because the vehicle cannot proceed due to height, width or length, the transporter thereof shall pay to the department of transportation a road user fee in the amount of one thousand dollars ($1,000) and the department of transportation shall suspend the subject permit and the permit holder's privilege to obtain other permits under this part for a period of ninety (90) days from the date the department receives notice that the roadway was blocked; provided that nothing in this subsection (b) shall be construed as prohibiting multiple permit holders from either using other valid permits not subject to suspension, obtaining supplements for other valid permits not subject to suspension or renewing other valid permits not subject to suspension. If the same permit holder blocks traffic on a controlled-access roadway a second time within eighteen (18) months from the date of the first occurrence, the transporter shall pay to the department of transportation the road user fee calculated by the department of transportation using the same formula it uses to calculate incentive payments on road construction projects.
(2) If the transporter fails to pay the fees within thirty (30) days of the date the road is blocked, its privilege to obtain permits under this part shall be suspended until payment is made. The department of transportation is authorized to take legal action to collect this fee.
(c) Any person or entity transporting any mobile home, manufactured home or house trailer subject to the provisions of this part shall, prior to the issuance of a permit pursuant to the provisions of this part, secure and maintain public liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence. The insurance shall cover the tractor, mobile home, manufactured home or house trailer and any other attachments thereto. Proof of this insurance shall be carried in the vehicle used to transport the mobile home, manufactured home or house trailer and satisfactory proof of the insurance shall be submitted to the department prior to the issuance of a permit pursuant to this part.
(d) Notwithstanding any law to the contrary, the state and any political subdivisions of the state shall be absolutely immune from liability for all damages resulting from a mobile home striking a guardrail, bridge, concrete barrier, overhead structure or other obstruction while traveling on the public roads or highways of the state.
[Acts 2002, ch. 803, § 13.]