230:78 Duty of the Department of Transportation After Notice of Insufficiency. –
I. Whenever any class I or class II highway or highway bridge in the state shall be insufficient, any person may give notice of such insufficiency to the department of transportation. The notice shall set forth in general terms the location of such highway or highway bridge, and the nature of such insufficiency.
II. For purposes of this subdivision, a highway or bridge thereon shall be considered "insufficient" only if:
(a) It is not passable in any safe manner by those persons or vehicles permitted on such highway or bridge thereon; or
(b) There exists a safety hazard which is not reasonably discoverable or reasonably avoidable by a person who is traveling upon such highway or highway bridge at posted speeds in obedience to all posted regulations, and in a manner which is reasonable and prudent as determined by the condition and state of repair of the highway or highway bridge, including any warning signs, and prevailing visibility and weather conditions.
III. A highway or highway bridge shall not, in the absence of impassability or hidden hazard as set forth in paragraph II, be considered "insufficient" merely by reason of the department of transportation's failure to construct, maintain or repair it to the same standard as some other highway or highway bridges or to a level of service commensurate with its current level of public use.