Chapter 12 - Damage To Highways
CHAPTER 12 - DAMAGE TO HIGHWAYS
ARTICLE 1 - IN GENERAL
31-12-101. Metal tires with projections.
(a) Motor vehicles, trailers and all other vehicles,contrivances or devices having metal tires shall not be operated over any ofthe oil, asphalt or concrete surfaced highways of the state, if the vehicle hason the periphery of any of the road wheels, any lug, flange, cleat, ridge, boltor any projection of metal or wood which projects radially beyond the tread ortraffic surface of the tire, unless the highway is protected by putting downsolid planks or other suitable material, or by attachments to the wheels so asto prevent the vehicles from damaging the highway except:
(i) This prohibition does not apply to tractors equipped withwhat is known as caterpillar treads, when the caterpillar does not contain anyprojection of any kind likely to injure the surface of the road;
(ii) It is permissible to move farm machinery other thantractors having protuberances that will not injure the highways;
(iii) It is permissible to use tire chains of reasonableproportions upon any vehicle when required because of snow, ice or otherconditions tending to cause the vehicle to slide or skid.
31-12-102. Penalties.
Anyperson violating W.S. 31-12-101 is guilty of a misdemeanor and upon convictionthereof, shall be punished by a fine of not more than one hundred dollars($100.00), by imprisonment in the county jail for not more than thirty (30)days, or both.
31-12-103. General liability.
Anyperson operating, driving or moving any vehicle, object or contrivance over a street,highway or bridge is liable for all damages which the street, highway, bridgeor appurtenances thereto or other structures in connection therewith, maysustain, as a result of any illegal or negligent operation or as a result ofoperating, driving or moving any vehicle, object or contrivance in excess ofthe maximum weight or height specified and prescribed by law althoughauthorized by a special permit issued as provided by law.
31-12-104. Liability for cost of safety precautions; applicability ofliability to vehicle owner, lessee or bailee.
(a) The liability provided by W.S. 31-12-103 through 31-12-105shall include the cost of necessary safety precautions, such as warning trafficand the removal of debris resulting from accidents.
(b) The liability provided by W.S. 31-12-103 through 31-12-105shall apply to an owner, lessee or bailee of a vehicle, object or contrivancewhich is operated, driven or moved under his employ or with his express orimplied permission. The owner, lessee or bailee and the driver or operatorshall be jointly and severally liable for any damage.
31-12-105. Claims by governmental agencies.
Thedepartment, in respect to streets, highways, bridges or appurtenances theretoor structures in connection therewith, under its jurisdiction may presentclaims for liability under W.S. 31-12-103 and 31-12-104, bring actions in thename of the transportation commission of Wyoming for recovery thereon, togetherwith the costs and expenses incurred in any action, and may settle andcompromise claims which may arise. Local authorities in respect to streets,highways, bridges or appurtenances thereto or structures in connectiontherewith, under their respective jurisdictions may present claims forliability under this act, bring actions for recovery thereon, together with thecosts and expenses incurred in any action, and settle and compromise claimswhich may arise.