§262. Maintenance equipment; rent or lease by the department; rent or lease to others

A. When the secretary determines that it is necessary or economically feasible to use specialized maintenance equipment which will not be needed on a permanent basis, the department may rent or lease fixed and mobile equipment necessary to appropriately maintain and operate the facilities under its jurisdiction. The department is not required to accept equipment offered at the lowest price when such a practice would result in the use of so many different types or brands that economic operation of the equipment would be impracticable.

B.(1) The department shall not loan, rent, or lease any unit of its active equipment.

(2) It may loan, rent, or lease any unit of its standby, or undisposed of surplus equipment, for a period of time not to exceed ninety days, to any municipality, parish, or other political subdivision that provides a holdharmless agreement, in a form approved by the department, to protect and indemnify the department from any liability arising from the use, maintenance, or any other factor attributable to the municipality, parish, or other political subdivision borrowing, renting, or leasing the equipment.

(3) The department shall loan mowing equipment to parishes, municipalities, or other political subdivisions, who provide holdharmless agreements, in a form approved by the department, for purposes of mowing the rights of way of the Interstate System and the state highway system when the department has failed to perform mowing activities for a period of sixty days.

Amended by Acts 1977, No. 291, §1; Acts 1981, No. 658, §1, eff. July 20, 1981; Acts 1987, No. 645, §1; Acts 2018, No. 365, §1.