HB220 Alabama 2017 Session

Summary

Primary Sponsor

Becky Nordgren

Republican

Session

Regular Session 2017

Title

Motor vehicles, Dept. of Transportation authorize under certain conditions to recover damages for damaging a highway, damage further defined, Sec. 32-5-9 am'd.

Summary

HB220 clarifies what counts as damage to Alabama highways and when the DOT can recover costs from people who obstruct, encroach on, or damage a highway.

What This Bill Does

Defines damage to include costs for construction/reconstruction to standards, use of equipment, labor, removal of debris and site cleanup, equipment or vehicle rental or damage, traffic control and management, and other related costs. Establishes liability: the driver of a vehicle or object on a highway is responsible for damage caused by illegal or careless operation or overweight movement; if the operator is not the owner, both owner and driver are jointly and severally liable. Allows highway authorities to bring civil actions to recover damages in Montgomery County or in the county where the accident occurred. Requires those who unlawfully obstruct or encroach on a highway to reimburse the highway authority for removal and repair costs, including traffic control.

Who It Affects

• Drivers operating vehicles or other objects on highways: liable for damages from illegal or careless operation or overweight movements, with potential joint liability if the operator is not the owner.
• Vehicle owners: may be jointly liable with the operator for damages when the operator is not the owner.
• People or entities that unlawfully obstruct or encroach on highways: must reimburse the highway authority for removal and repair costs, including traffic control.
• Alabama Department of Transportation and other highway authorities: gain clarified authority to sue to recover damages and associated costs.

Key Provisions

• Amends Section 32-5-9 to clarify the definition of damage and specify under what conditions the DOT may recover damages for obstructing, encroaching, or damaging a highway.
• Damage includes construction/reconstruction to standards, equipment use, labor, debris removal/cleanup, equipment/vehicle rental or damage, traffic control/management, and related costs.
• Liability rules: driver liable for damage from illegal/careless operation or overweight with permit; owner and driver are jointly and severally liable if the operator is not the owner.
• Damage may be recovered via civil action by highway authorities in Montgomery County or the county where the accident occurred.
• Obstructors/encroachers must reimburse the highway authority for removal and repair costs, including traffic control.
• Effective date: law becomes effective immediately after passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Transportation Department