The Indiana department of transportation may not designate a highway as a heavy duty highway unless the department finds that the highway is:

1. (1) so constructed and can be so maintained; or

2. (2) in such condition;

   that the use of the highway as a heavy duty highway will not materially decrease or contribute materially to the decrease of the ordinary useful life of the highway.

   [Pre-1991 Recodification Citation: 9-8-1-12(d) part.]

As added by P.L.2-1991, SEC.8. Amended by P.L.198-2016, SEC.340.