County seeks stiffer penalties for drivers who damage roads

Drivers who do significant damage to Lincoln County roads could soon be charged with criminal mischief and face up to 10 years in Montana State Prison and a $50,000 fine if convicted.

Lincoln County commissioners discussed the option with County Attorney Bernie Cassidy at a recent meeting, following a talk on the difficulty of retrieving payment from drivers who had damaged roads, leaving the county to chase them down to pay the bill.

Cassidy said there needed to be “some teeth to enforce” the county’s rules against causing damage to roadways.

A recent example was one driver dragging a piece of equipment along two miles of road, causing about $60,000 worth of damage, Commissioner Tony Berget said.

It was an issue that had been going on for years, Berget said, adding that most companies who used the roads were conscientious.

Another example was a person unloading heavy loads directly onto the asphalt and tearing it up, Berget said.

Marc McCully, Libby foreman for the Lincoln County Road Department, said there had not been any real problems with road damage in the Libby area.

“Most contractors here are good – they are really good,” McCully said. He said he was aware of damage in other areas of the county.

Troy foreman Dave Kyriss said the most damaging incident he could remember was the same one that Berget referred to.

The logging and dump trucks that used the road were doing so responsibly, Kyriss said. Most of the problems were caused by individuals.

Kyriss agreed that charging parties with criminal mischief would likely be more effective in preventing damage in the first place.

“It probably would make a difference,” Kyriss said.

Cassidy said it could take years for the county to receive payment for damages under the current rules because it is considered a civil matter. If charged with criminal mischief under Montana Criminal Code 45-6-101 for damage of more than $1,000, that party could face time in prison and heavy fines.