55-8-190 - Street sweeper operation Liability.

55-8-190. Street sweeper operation Liability.

(a)  For the purpose of this section, “street sweeper” means a vacuum or broom-type vehicle used for routine mechanized street, road, interstate highway, and/or bridge sweeping to clean and remove sand, dirt, soil, paper, glass, cans, and other debris.

(b)  If operated in compliance with the national highway traffic safety administration standards, including the National Highway Safety Manual, a street sweeper may make intermittent stops as necessary to collect tree limbs, debris, and other objects the street sweeper cannot automatically collect and travel at a speed below the lawful minimum speed:

     (1)  On any particular roadway in all non-residential areas at any time except six thirty a.m. (6:30 a.m.) to eight thirty a.m. (8:30 a.m.) and three thirty p.m. (3:30 p.m.) to six o'clock p.m. (6:00 p.m.) on weekdays;

     (2)  On any particular roadway in all residential areas at any time; or

     (3)  Notwithstanding subdivisions (b)(1) and (2), at any time on any roadway after an emergency or an event that makes street sweeping necessary or desirable.

(c)  Absent non-compliance with this section, operator negligence or an intentional tort by an operator, operation of a street sweeper in compliance with this section shall not be a violation of law, and shall not subject the street sweeper to liability for claims for personal injury, property damage or death.

[Acts 1999, ch. 337, § 1.]