Assigned to TRANSIT AS
PASSED BY COW
Assigned to TRANSIT AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
Purpose
Retroactive to July 1, 2017, requires a local authority to submit ordinances to the Arizona Department of Transportation (ADOT) for review by the Overdimensional Permit Council (Council) and to provide reasonable access to certain facilities for certain vehicles.
Background
ADOT and local authorities are required to provide reasonable access to vehicles of legal size to and from service facilities within one road mile of the national network on highways. ADOT or a local authority may deny access for any of the following reasons: 1) access would result in evident safety problems; 2) if the lanes on specific routes are narrower than 120 inches wide and the vehicle is 102 inches or wider; or 3) there are specific safety hazards of the individual route (A.R.S. § 28-1092).
For a total period of not more than 90 days in any one calendar year, a local authority may prohibit the operation of a vehicle on the highway within the local authority's jurisdiction or may impose restrictions on a vehicle weight if the highway will be seriously damaged or destroyed by climactic conditions, unless the use of a vehicle on the highway is prohibited or the permissible weight of the vehicle is reduced. A local authority may prohibit the operation of trucks or other commercial vehicles or may impose limitations as to the weight of vehicles on designated highways within the local authority's jurisdiction, if the prohibition is appropriately signed and designated on the highways (A. R. S. § 28-1106).
The Council is statutorily established consisting of nine members appointed by the Governor and meets at least once a year with the motor carrier industry, ADOT and law enforcement agencies to discuss matters regarding overdimensional permits. Local authorities must provide ADOT with current ordinances and rules for the purpose of ADOT making current regulations available to the public electronically (A.R.S. § 28-1103).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires ADOT or the local authority to provide reasonable access to terminals and service facilities for vehicles of legal size beyond one mile of the national network if legal-sized vehicles can travel safely on the route.
2. Requires ADOT to make current ordinances and rules electronically available to the public and notify a local authority of any changes to ADOT overdimensional permit rules.
3. Requires the officer with jurisdiction over local highways to submit proposed ordinances to ADOT for review by the Council before the local authority adopts or enforces the ordinance.
4. Requires the Council to review submitted proposed ordinances within 90 days and stipulates that a proposed ordinance is deemed compliant with statute if the Council does not timely act.
5. Requires ADOT to notify the local authority highway engineer or designated officer in writing within 30 days if the Council determines the proposed ordinance to not be in compliance and include specific provisions and reasoning for noncompliance.
6. Stipulates that a proposed ordinance is compliant without further review if a local authority adopts the Council's changes, otherwise the proposed ordinance must be resubmitted.
7. Specifies that a local authority's power to restrict highway use is not limited by overdimensional vehicle regulation.
8. Becomes effective on the general effective date, retroactive to July 1, 2017.
Amendments Adopted by Committee of the Whole
· Makes conforming changes.
House Action Senate Action
TI 2/7/18 DP 6-2-0-0 TRANSIT 3/6/18 DP 7-0-0
3rd Read 2/22/18 56-0-4
Prepared by Senate Research
April 2, 2018
KN/CU/lb