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Highway

Use

The state has the power to control and regulate the use of public highways, provided its regulations do not constitute an unreasonable interference with the right of travel or impede interstate commerce. The state may determine the character of motor vehicles that use its highways and may properly exclude vehicles weighing in excess of a maximum set by statute. A reasonable tax may be imposed on vehicles based on their excess weight in order to compensate the state for the additional costs of maintaining the highway as a result of the severe wear and tear placed on the road by such vehicles. To protect the public health, the state may prohibit trucks that transport chemicals or explosives from driving through populated or residential areas. The secretary of transportation regulates the safety performance of all commercial motor carriers transporting explosives or dangerous articles, such as flammable or radioactive materials, in interstate or foreign commerce. The state may restrict the speed of vehicles, or proscribe parking alongside the highway except in emergencies. Bicycles used on highways may be subject to reasonable restrictions, such as the requirement that they be equipped with lights at night.

The law of the road is composed of a system of rules and regulations based upon the traditional practices and customs that govern safe

travel on highways. The law is often embodied in statutes or government regulations and is regarded as being so well-known that there is a legal presumption that everyone knows it. Highway travelers, therefore, may properly make the assumption that other travelers will observe the law and comply with rules and regulations. When an individual fails to observe the law of the road without justification, he or she will be held liable for injuries precipitated by the NEGLIGENCE. A violation of a particular rule of the road may be justified by special circumstance.

Additional topics

Law Library - American Law and Legal InformationFree Legal Encyclopedia: Health and Safety Commission (HSC) to Hypothetical QuestionHighway - Extended Use Or Prescription, Statute, Public Authorities, Abandonment, Alteration, And Vacation, Title