 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
truck routes; designation
Purpose
Requires the Arizona Department of Transportation (ADOT) or a local authority to demonstrate that a vehicle of legal size may not safely operate before an ordinance or resolution enacted on or after January 1, 2020, may restrict or prohibit a vehicle from operating on a major arterial street that connects two or more local jurisdictions. Allows a person to request the review of a route restriction and requires local jurisdictions to conform to state-level determinations.
Background
If a highway, by reason of deterioration, rain, snow or other climatic conditions, will be seriously damaged or destroyed unless the use of vehicles on the highway is prohibited or the permissible weights of vehicles are reduced, the Director of ADOT (Director) or a local authority may, by ordinance or resolution for no more than 90 days in a calendar year, prohibit the operation of vehicles on the highway or impose restrictions on the weight of vehicles operating on the highway. The Director or local authority must place appropriate signs on the affected portion of the highway to give notice of the prohibition or restriction (A.R.S. § 28-1106).
A major arterial street is a street or highway used primarily for through traffic in such a manner that vehicular traffic from intersecting streets and highways is required by law to stop or yield before entering or crossing the street or highway (A.R.S. § 28-6531).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, for ordinances or resolutions enacted on and after January 1, 2020, ADOT or a local authority to conduct a test drive or apply a vehicle template that shows a vehicle of legal size may not safely operate on a highway that is a major arterial street that connects two or more local jurisdictions before restricting or prohibiting a vehicle of legal size from operating on the highway.
2. Prohibits, if a vehicle of legal size may not safely operate on a major arterial street, the Director or local authority from granting exceptions to a restriction for categories or types or groups of routes.
3. Prohibits a highway that does not have a truck restriction prior to being annexed or otherwise transferred to a local authority from being incorporated into an existing truck restriction enacted on or after January 1, 2020, unless ADOT or a local authority demonstrates that a vehicle of legal size may not safely operate on the highway.
4. Nullifies a truck restriction on a major arterial street that does not provide through access between two or more jurisdictions before January 1, 2023, and is subsequently improved from and after December 31, 2022, to provide through traffic between two or more jurisdictions, unless:
a) ADOT or a local authority demonstrates that a vehicle of legal size may not safely operate on the highway;
b) a local authority notifies by certified mail all active statewide associations registered for lobbying purposes with the Secretary of State that primarily represent trucking interests of the new through traffic connection and obtains a letter of support from all of the associations; or
c) the subsequent improvement is located a mile or less from a reasonable alternative route that provides a through access or connection to the other jurisdictions without restrictions.
5. Allows a person to submit a written request to the Director to review any route restriction enacted on or after January 1, 2020, for a vehicle of legal size.
6. Requires the Director to act on a review request within 90 days of receipt.
7. Prohibits a local jurisdiction from restricting a major arterial street that is determined to be safe by the Director.
8. Requires, to comply within 90 days of the effective date of this legislation, a local authority to repeal or amend any ordinance passed on or after January 1, 2020, that conflicts with the outlined route restriction requirements.
9. Deems, as invalid, any ordinance that is not brought into compliance within the designated timeframe.
10. Defines a reasonable alternative route as a highway that does not restrict or prohibit a vehicle of legal size from operating and does not directly connect to a highway under the jurisdiction of another local authority with an immediate adjacent existing restriction or prohibition.
11. Defines safely operate as a determination based on a test drive, traffic engineering study or application of a vehicle template that a vehicle of legal size may operate on a highway that is a major arterial street without causing a significant and clearly evident safety problem in relation to a vehicle of legal size.
12. Specifies that a major arterial street includes:
a) a principal arterial street;
b) any arterial street, if a local authority does not distinguish between major and minor arterial streets;
c) any arterial street that has access to a freeway, a controlled access highway or the national highway system;
d) any arterial street that has a bridge along its route; and
e) any arterial street that is designated as a major arterial street in an adjoining jurisdiction.
13. Defines a truck restriction and a vehicle of legal size.
14. Makes conforming changes.
15. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Applies the test drive or vehicle template requirement for restricting or prohibiting a vehicle's highway-use to an ordinance or resolution enacted on or after January 1, 2020.
2. Prohibits a highway that does not have a preexisting truck restriction when annexed or otherwise transferred to another local authority from being incorporated into a truck restriction, unless a test drive or vehicle template is applied as prescribed.
3. Nullifies a truck restriction on a major arterial street that does not provide through access between two or more jurisdictions before January 1, 2023, and is subsequently improved on to provide through traffic between the jurisdictions, unless:
a) a test drive or vehicle template demonstrates unsafe highway operation;
b) the local authority obtains a letter of support from all active statewide associations registered for lobbying that primarily represent trucking interests; or
c) the subsequent improvement is located a mile or less from a reasonable alternative route that provides a through access or connection to the other jurisdictions without restrictions.
4. Defines reasonable alternative route, safely operate and truck restriction.
5. Makes technical and conforming changes.
Senate Action
TAT 2/27/23 DP 6-1-0
Prepared by Senate Research
February 28, 2023
KJA/CB/sr