Assigned to TRANS                                                                                                                                AS ENACTED

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

FINAL AMENDED

FACT SHEET FOR S.B. 1166

stopping vehicles on highways

Purpose

            Allows public transportation vehicles to stop on a controlled access highway if the local authority conducts a traffic and engineering study that finds the safest location to pick up and drop off passengers.

Background

            Arizona law currently prohibits a person from stopping, standing or parking a vehicle in front of a public or private driveway, on a sidewalk, crosswalk, bridge or other elevated structure on a highway or within a highway tunnel, on a controlled access highway except for emergencies, or on the roadway side of a vehicle stopped or parked at the edge or curb of a street.  Vehicles are also prohibited from stopping or parking in an intersection, within 15 feet of a fire hydrant, 20 feet of a crosswalk at an intersection or 30 feet on the approach to any flashing beacon, stop sign, yield sign or traffic control signal.  Additional prohibitions include standing, stopping or parking a vehicle within 50 feet of the nearest railroad crossing or within 8.5 feet of the center of any railroad track and 20 feet of the driveway entrance of a fire station.  In addition, stopping, standing, or parking of vehicles is prohibited alongside or opposite a street excavation or obstruction when doing so would obstruct traffic and at any place where official signs prohibit standing or stopping.

            The Arizona Department of Transportation (ADOT) receives federal funding under § 5311 of the U.S. Code for cities and towns that have a population of less than 50,000.  In several § 5311 cities and towns public transportation vehicles are prohibited from operating because the main thoroughfare is also a state highway.  Examples of § 5311 cities include Cottonwood, Kingman, Sedona and Coolidge.

            Existing law permits an exemption for United States mail carriers provided the driver does not leave the vehicle and the vehicle is stopped only momentarily.

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Exempts public transportation vehicles from the prohibition preventing vehicles from stopping or parking on a controlled access highway provided:

1. the local authority conducts a traffic and engineering study, which must be approved by the ADOT Director, that finds the safest location to pick up and drop off passengers.
2. the driver does not leave the vehicle.
3. the vehicle is stopped only long enough for passengers to embark and disembark.
4. the vehicle stops at a designated and marked location.
5. the vehicle engages its hazard flashers.
6. the roadway has a posted speed limit that does not exceed forty-five miles per hour.
7. the roadway has signed or signaled intersection controls within a jurisdictionally confined boundary.
8. the vehicle is clearly marked as a public transportation vehicle.
9. along highly traveled roadways the driver utilizes a pullout or uses any other available method that limits the vehicle from interfering with traffic on the roadway.

2. Defines public transportation vehicles as any vehicle that is either owned, operated or under contract with a public entity.

3. Makes conforming changes.

4. Becomes effective on the general effective date.

Amendments Adopted by Committee

1. Removes the optional pullout.

2. Moves the new language in the bill from the paragraph regarding public and private driveways to the paragraph regarding controlled access highways.

3. Makes technical and conforming changes.

Amendments Adopted by the House of Representatives

· Authorizes local authorities to allow public transportation vehicles to stop on a state highway or state route to embark and disembark passengers if the local authority conducts a traffic and engineering study, which must be approved by the ADOT Director, that finds the location to be safe to pick up and drop off passengers.

Senate Action House Action

TRANS           1/31/06     DPA     5-0-0-0                  TRANS           3/9/06     DPA    6-0-0-3

3rd Read         2/16/06                  28-0-2-0                3rd Read         3/30/06               52-0-8-0

Final Read       4/4/06                    28-1-1-0

Signed by the Governor 4/10/06

Chapter 84

Prepared by Senate Research

May 4, 2006

DG/RD/ac