2006 Alabama Code - Chapter 1 — ALABAMA HIGHWAYS.

Article 1 General Provisions.

• Section 23-1-1 — Contracts and regulations relative to federal assistance.
• Section 23-1-2 — Bid guaranty.
• Section 23-1-3 — Closing of public roads to traffic; acquisition of materials.
• Section 23-1-4 — Permit required to dig up, etc., roads for utilities, railroads, etc.; restoration of road required upon completion of work; bond, etc., to guarantee restoration.
• Section 23-1-5 — Payment of costs of relocation of utility facilities necessitated by construction of highways.
• Section 23-1-6 — Signs, markers and advertising - On rights-of-way.
• Section 23-1-7 — Signs, markers and advertising - Tourist attractions.
• Section 23-1-8 — Numbers and names of highways.
• Section 23-1-8.1 — Expenditure of state funds for erection and maintenance of signs designating roads, bridges, etc., in honor or memory of individuals.
• Section 23-1-9 — Elimination of railroad grade crossings.
• Section 23-1-10 — "Blue reflective markers" and "fire/water hydrant" defined; purpose and installation of blue reflective markers.

Article 2 Department of Transportation.

• Section 23-1-20 — Creation.
• Section 23-1-21 — Director of Transportation.
• Section 23-1-21.1 — Definitions.
• Section 23-1-21.2 — Authority of director with regard to public transportation.
• Section 23-1-21.3 — Cooperation with federal, state and local entities in administration of public transportation programs.
• Section 23-1-22 — Chief engineer - Office created; appointment, salary, expenses and bond; applicability of Merit System.
• Section 23-1-23 — Chief engineer - Qualifications.
• Section 23-1-24 — Chief engineer - Duties.
• Section 23-1-25 — Legal division - Creation; appointment of chief counsel.
• Section 23-1-26 — Legal division - Appointment of assistant counsel; chief and assistant counsel to be commissioned and take oath as assistant attorneys general.
• Section 23-1-27 — Legal division - Salaries.
• Section 23-1-28 — Legal division - Offices, etc.; expenses.
• Section 23-1-29 — Legal division - Charging of salaries and expenses.
• Section 23-1-30 — Legal division - Functions and duties.
• Section 23-1-31 — Legal division - Private practice prohibited.
• Section 23-1-32 — Offices; director full-time position.
• Section 23-1-33 — Official records of department; appointment of assistants and personnel.
• Section 23-1-34 — Copies of plans and specifications to be kept; files and records open to public inspection; records as evidence.
• Section 23-1-35 — Annual report to Governor.
• Section 23-1-36 — Employees used on transferred county roads and bridges.
• Section 23-1-37 — Use of convict labor.
• Section 23-1-38 — Paying expenses of nonemployees prohibited.
• Section 23-1-39 — Seal; power to administer oaths, etc.
• Section 23-1-40 — Duties and powers generally.
• Section 23-1-41 — Self-insurance program for department employees.
• Section 23-1-42 — Roads, etc., located on state institutions.
• Section 23-1-43 — State agricultural experiment station roads.
• Section 23-1-44 — Right of entry for purpose of making surveys and taking soil samples.
• Section 23-1-45 — Acquisition of rights-of-way.
• Section 23-1-46 — Changes or additions to state road system.
• Section 23-1-47 — Authority to maintain, etc., city and town streets and roads.
• Section 23-1-48 — Application by counties for construction or maintenance of state road or bridge.
• Section 23-1-49 — Furnishing of competent engineers.
• Section 23-1-50 — Authority to procure equipment; payment of expenses.
• Section 23-1-50.1 — Road machinery and equipment management program; Equipment Management Surplus Reserve Account.
• Section 23-1-51 — Purchase of motor fuels, oils, greases and lubricants.
• Section 23-1-52 — License exemption for vehicles of department.
• Section 23-1-53 — Contracts to do work - Authority.
• Section 23-1-54 — Contracts to do work - How drawn and approved.
• Section 23-1-55 — Contracts to do work - Preconditions.
• Section 23-1-56 — Contracts to do work - Qualification of bidders.
• Section 23-1-57 — Agreements and contracts with adjoining states and federal government relative to bridges.
• Section 23-1-58 — Interest of employees, etc., in construction, etc., of roads and bridges prohibited.
• Section 23-1-59 — Rules and regulations of department.
• Section 23-1-60 — Authority of Director of Transportation to alter plans or character of work, determine need for extra work, make supplemental agreements, etc.
• Section 23-1-61 — State Highway Fund - Appropriations; vehicle license fees deposited in fund; manner of making payments from fund.
• Section 23-1-62 — State Highway Fund - Purposes for which used.
• Section 23-1-63 — Limitation of obligations, etc., outstanding or authorized on inauguration date of incoming Governor.
• Section 23-1-64 — Disposal of surplus personal property - Department to be responsible for disposal; sale at fair market value and payment; preferences; notification by municipalities and counties.
• Section 23-1-65 — Disposal of surplus personal property - Availability; list of surplus property.
• Section 23-1-66 — Disposal of surplus personal property - Sale procedures.

Article 3 Public Roads, Bridges and Ferries.

• Section 23-1-80 — County commissions - Powers and duties generally.
• Section 23-1-82 — County commissions - Eminent domain.
• Section 23-1-81 — County commissions - Authority to establish, operate, etc., bridges, ferries, causeways, etc.; licensing.
• Section 23-1-83 — Transfer of general fund surplus to road fund by county.
• Section 23-1-84 — Authority of county to expend funds derived from fees, etc., levied on vehicles and fuels.
• Section 23-1-85 — Construction of electric transmission, telegraph, or telephone lines in right-of-way of county highways.
• Section 23-1-86 — Establishment, etc., within municipalities.
• Section 23-1-87 — Expense of building county line bridges, ferries or causeways.
• Section 23-1-88 — Facilities between adjoining counties - Authority of counties to build, establish, etc.
• Section 23-1-89 — Facilities between adjoining counties - Extension of aid by other counties.
• Section 23-1-90 — Extension of aid by municipalities.
• Section 23-1-91 — Aid for development of access roads or bridges to certain facilities by contiguous counties or municipalities.
• Section 23-1-92 — Advertisement for contract bids - Requirement.
• Section 23-1-93 — Advertisement for contract bids - Exceptions.
• Section 23-1-94 — Construction of article not to conflict with local or special laws.
• Section 23-1-95 — Violation of rules, etc., enacted by county commissions.

Article 3A Roads and Bridges in Captive Counties.

• Section 23-1-100 — "Captive county" defined.
• Section 23-1-101 — Powers and duties of county commissions of captive counties as to construction, repair and maintenance of county roads and bridges generally.
• Section 23-1-102 — Transfer to counties of unexpended funds maintained by State Department of Transportation; payment to counties of tax proceeds, federal aid accruals, etc.
• Section 23-1-103 — Transfer to counties by State Department of Transportation of facilities and properties for construction, repair and maintenance of roads; resolution of disputes as to transfers.
• Section 23-1-104 — Furnishing of counties with lists of persons employed by State Department of Transportation therein; employment by counties of persons on lists; employment status of other persons employed by department in counties; liability for accumulated obligations due and payable to present employees of department; payment by department of accumulated sick leave of transferred employee.
• Section 23-1-105 — Effect of article upon contracts for construction, repair and maintenance of county roads and bridges entered into by State Department of Transportation.
• Section 23-1-106 — Effect of article upon outstanding financial obligations incurred by counties; disposition of funds received by state from counties for road and bridge work therein.
• Section 23-1-107 — Effective date.

Article 4 Municipal Connecting Link Roads.

• Section 23-1-110 — Purpose of article.
• Section 23-1-111 — Designation.
• Section 23-1-112 — Maintenance and repair - Responsibility.
• Section 23-1-113 — Maintenance and repair - Stipulations and conditions.

Article 5 Private Roads.

• Section 23-1-130 — Establishment.
• Section 23-1-131 — Proceedings; limitations as to location; damages.

Article 6 Alabama Highway Authority.

• Section 23-1-150 — Purpose and construction of article.
• Section 23-1-151 — Incorporation - Authorization.
• Section 23-1-152 — Incorporation - Application.
• Section 23-1-153 — Incorporation - Certificate.
• Section 23-1-154 — Members, officers and directors; quorum; vacancies; compensation; record of proceedings.
• Section 23-1-155 — Powers.
• Section 23-1-156 — Contracts; conveyance of property to state.
• Section 23-1-157 — Bonds - Generally.
• Section 23-1-158 — Bonds - Disposition of proceeds.
• Section 23-1-159 — Bonds - Payments by State Treasurer.
• Section 23-1-160 — Dissolution.

Article 7 Alabama Highway Finance Corporation.

• Section 23-1-170 — Purpose and construction of article.
• Section 23-1-171 — Incorporation - Authorization.
• Section 23-1-172 — Incorporation - Application.
• Section 23-1-173 — Incorporation - Certificate.
• Section 23-1-174 — Members, officers and directors; quorum; vacancies; compensation; record of proceedings.
• Section 23-1-175 — Powers.
• Section 23-1-176 — Contracts; conveyance of property to state.
• Section 23-1-177 — Bonds - Generally.
• Section 23-1-178 — Bonds - Disposition of proceeds.
• Section 23-1-179 — Bonds - Payments by State Treasurer.
• Section 23-1-181 — Appropriations and pledges of revenue for payment of principal and interest on bonds generally; sinking fund.
• Section 23-1-180 — Dissolution.

Article 8 Relocation Assistance.

Article 8A Relocation Assistance.

• Section 23-1-210 — Authorization to provide relocation assistance.
• Section 23-1-211 — Payments.
• Section 23-1-212 — Authority of Director of Transportation.

Article 9 Highway Beautification.

• Section 23-1-220 — Short title.
• Section 23-1-221 — Purpose of division.
• Section 23-1-222 — Authority of Director of Transportation to acquire land.
• Section 23-1-223 — Interest in acquired land; manner of acquisition.
• Section 23-1-240 — Short title.
• Section 23-1-241 — Definitions.
• Section 23-1-242 — Declaration of policy.
• Section 23-1-243 — License - Required.
• Section 23-1-244 — License - Issuance, revocation and renewal; fees.
• Section 23-1-245 — License - Conditions.
• Section 23-1-246 — Screening - Existing junkyards.
• Section 23-1-247 — Screening - Rules and regulations.
• Section 23-1-248 — Authority of director - Acquisition of land.
• Section 23-1-249 — Authority of director - Regulations; agreements with United States Department of Transportation.
• Section 23-1-250 — Penalty for violation of division; abatement of nuisances.
• Section 23-1-251 — Construction of division.
• Section 23-1-270 — Short title.
• Section 23-1-271 — Definitions.
• Section 23-1-272 — Declaration of policy.
• Section 23-1-274 — Erection or maintenance of signs - Controls; criteria.
• Section 23-1-273 — Erection or maintenance of signs - Prohibited in adjacent areas; exceptions.
• Section 23-1-275 — Erection or maintenance of signs - Permits; identification tags or decals.
• Section 23-1-276 — Erection or maintenance of signs - Name and address of owner and date of erection to appear on signs, etc.
• Section 23-1-277 — Erection or maintenance of signs - Exceptions to Sections 23-1-275 and 23-1-276.
• Section 23-1-278 — Enforcement of division generally.
• Section 23-1-279 — Nonconforming signs - Removal and payment of compensation generally.
• Section 23-1-280 — Nonconforming signs - Just compensation to be paid upon removal of signs.
• Section 23-1-281 — Nonconforming signs - Just compensation - For what paid.
• Section 23-1-282 — Nonconforming signs - Just compensation - To whom paid; agreements; civil actions.
• Section 23-1-283 — Nonconforming signs - Just compensation - Sufficient federal funds required.
• Section 23-1-284 — Agreement with United States Secretary of Transportation.
• Section 23-1-285 — Director authorized to accept federal funds.
• Section 23-1-286 — Rules and regulations.
• Section 23-1-287 — Disposition of fees.
• Section 23-1-288 — Penalty for violation of division, etc.

Article 9A Alabama Scenic Byways Program.

• Section 23-1-290 — Short title.
• Section 23-1-291 — Legislative findings.
• Section 23-1-292 — Program established.
• Section 23-1-293 — Designating Committee.
• Section 23-1-294 — Advisory Council.
• Section 23-1-295 — Nomination of potential scenic byways.

Article 10 Federal Aid Highway Finance Authority.

• Section 23-1-300 — Purpose and construction of article.
• Section 23-1-301 — Definitions.
• Section 23-1-302 — Incorporation - Authorization.
• Section 23-1-303 — Incorporation - Application.
• Section 23-1-304 — Incorporation - Certificate.
• Section 23-1-305 — Corporation - Generally.
• Section 23-1-306 — Corporation - Powers.
• Section 23-1-307 — Bonds and notes - Authorization for issuance.
• Section 23-1-308 — Bonds and notes - Form, denominations, terms, redemption, etc.
• Section 23-1-310 — Bonds and notes - Issuance and sale generally.
• Section 23-1-309 — Bonds and notes - Execution.
• Section 23-1-312 — Bonds and notes - Exemption from taxation; use as security for deposits; eligibility as investment for fiduciary funds.
• Section 23-1-311 — Bonds and notes - Payment generally; pledge of funds for payment of principal and interest thereon generally; negotiability.
• Section 23-1-313 — Bonds and notes - Disposition of proceeds from sale generally.
• Section 23-1-314 — Bonds and notes - Payment generally.
• Section 23-1-315 — Investment of proceeds from sale of bonds and notes and funds in sinking fund; pledge of interest from investments.
• Section 23-1-316 — Payment by State Treasurer of principal and interest on bonds and notes; maintenance of records pertaining thereto.
• Section 23-1-317 — Expenditure of proceeds; contracts; rules and regulations; conveyance of property.
• Section 23-1-318 — Dissolution.

Article 11 Rural Access Program.

• Section 23-1-330 — Short title.
• Section 23-1-331 — Definitions.
• Section 23-1-332 — Creation; revenue sources; allocation of revenue; use of funds; funds to be matched; obligation limitations; role of department; unobligated funds.
• Section 23-1-333 — County to maintain roads constructed with funds.

Article 12 Regulations of Aeronautics, Aircraft, and Airports Generally.

• Section 23-1-350 — Purpose of article.
• Section 23-1-351 — Transfer of property, funds, authority, and jurisdiction to the State Department of Transportation.
• Section 23-1-352 — Definitions.
• Section 23-1-353 — Transfer of personnel.
• Section 23-1-354 — Aeronautics Commission - Composition; qualifications; appointment; terms of office; compensation; removal.
• Section 23-1-355 — Aeronautics Commission - Responsibilities.
• Section 23-1-356 — Aeronautics Commission - Meetings; election of officers.
• Section 23-1-357 — Department - General supervision over aeronautics; cooperation with federal government and political subdivisions of the state; promulgation of rules and regulations.
• Section 23-1-358 — Director - Powers and duties generally.
• Section 23-1-359 — Authority and procedure for adoption of rules and regulations.
• Section 23-1-360 — Financial and technical assistance to municipalities in connection with acquisition, construction of airports, landing fields, or other navigational facilities.
• Section 23-1-361 — Authority to accept and receive federal funds for state acquisition, construction, etc., of airports and other navigational facilities; authority to act as agent of municipalities for same purpose; terms and conditions for disbursement of federal funds.
• Section 23-1-362 — Authority to audit financial records of municipality, county, and airport authority receiving funds.
• Section 23-1-364 — State Airports Development Fund.
• Section 23-1-363 — Authority to receive grants, donations, loans, etc., disposition of same for general promotion, advancement, of aeronautics.
• Section 23-1-365 — Disposition and disbursement of State Airports Development Fund and other funds.
• Section 23-1-366 — Disbursement of state appropriated funds; exception as to funds deposited in Surplus Military Fields Fund.
• Section 23-1-367 — Enforcement of aeronautics law; enforcement powers generally.
• Section 23-1-368 — Investigations; administration of oaths; subpoena of witnesses; enforcement of subpoena.
• Section 23-1-369 — Reports of investigations; limitations on use; prohibitions against compulsion of testimony.
• Section 23-1-370 — Intervention in certain controversies.
• Section 23-1-371 — Formulation, adoption, of aircraft approach plans; airspace reservations.
• Section 23-1-372 — Approval of sites and licensing of airports.
• Section 23-1-373 — Certificate of approval or license for airport, landing field - Standards for issuance.
• Section 23-1-374 — Revocation, refusal to issue or renew license; procedure for review under the Alabama Administrative Procedure Act.
• Section 23-1-375 — Operation of airport, landing field, without license prohibited; application for certificate of approval of proposed airport or landing field; limitation of operations conducted on licensed airport.
• Section 23-1-376 — Authority to conduct public hearings in considering application for approval of airport.
• Section 23-1-377 — Exceptions.
• Section 23-1-378 — Acquisition, construction, operation of airports, facilities, power of condemnation generally.
• Section 23-1-379 — Acquisition of easements and other airport protection privileges.
• Section 23-1-380 — Exercise of power of eminent domain.
• Section 23-1-381 — Lease of property, airports or space, improvements, for aeronautical purposes; airport concessions.
• Section 23-1-382 — Possession, display, of federal license, certificate, rating or permit; exceptions.
• Section 23-1-383 — Jurisdiction of crimes and torts: state, municipal, immunity from liability.
• Section 23-1-384 — Contracts made during flight.
• Section 23-1-385 — Domestic animals or fowl on airports.
• Section 23-1-386 — Trespass upon and operation of vehicles on airports.
• Section 23-1-387 — Use of aircraft for hunting, prohibited.
• Section 23-1-388 — Reckless operation of aircraft.
• Section 23-1-389 — Unauthorized use, possession, etc., of aircraft.
• Section 23-1-390 — Penalties for violation of this article.
• Section 23-1-391 — Effective date of transfer of balances, funds.