Roadside chain service - rules - permits - fees - liability - definition

(1) The department may contract with or issue permits to one or more entities to provide roadside assistance, by selling or applying chains or other equipment to commercial vehicles, necessary to enable compliance with section 42-4-106. The department may authorize, by rule, permit, or contract, the entity to receive a reasonable fee for services provided. (2) (a) The department shall issue a permit to a qualified applicant. The permit authorizes its holder to install or remove tire chains or alternate traction devices on motor vehicles for a fee paid by the driver of the motor vehicle subject to the following: (I) The tire chains or alternate traction devices must be installed or removed at locations designated in the permit; (II) Permit holders must comply with the conditions in the permit; and (III) A permit must not designate locations within a municipality without the approval of the municipality unless the location is a designated chain station or is within an interstate highway. (b) The department may place conditions on the permit concerning the safe and orderly movement of traffic. (c) The department shall issue sufficient permits for the installation or removal of tire chains or alternate traction devices that are necessary to accommodate the demand for those services consistent with the maximum convenience and safety of traffic. In issuing the permits, the department shall ensure that: (I) The maximum practicable number of different persons receive permits; and (II) No one person, to the extent practicable, is the sole permit holder for a particular location. (d) The department may charge a fee to issue a permit to an applicant. The fee must be set in an amount to offset the direct and indirect costs of issuing permits under this subsection (2). The state treasurer shall credit the fees to the state highway fund created in section 43-1-219. (e) In issuing a permit, the department assumes no responsibility for the actions, inactions, or competence of the permit holder in performing services under the permit. The department is not liable for damages relating to acts or omissions of the permit holder. (f) The department shall adopt rules to implement this section. The rules must include: (I) The procedures for issuing a permit and the applicant qualifications to be issued a permit; (II) The procedures for revoking a permit; and (III) A requirement that the individuals installing tire chains or alternate traction devices wear reflective clothing and use appropriate signs and traffic control devices. (3) As used in this section: (a) "Alternate traction device" has the meaning set forth in section 42-4-106 (5)(c)(I). (b) "Department" means the department of transportation.