State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2521: vehicle size, weight and load

PRIME SPONSOR: Representative John, LD 14

BILL STATUS: Transportation & Infrastructure

 

Legend: ADOT – Arizona Department of Transportation CMV – Commercial Motor Vehicle Council – Overdimensional Permit Council Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to regulation of oversized or overweight CMVs.

Provisions

1.       Instructs ADOT and local authorities to provide reasonable access to vehicles beyond one road mile of the national network on a route on highways within its jurisdiction if the vehicle:

a.       Meets federal width and length requirements; and

b.       Can safely travel on the route, as demonstrated by either a test drive on the route or an application of a vehicle template to a plan of the route. (Sec. 1)

2.       Requires a local authority's ordinance relating to oversized or overweight CMVs to be approved by the Council before it can become effective. (Sec. 2)

3.       Directs the Council to review each ordinance submitted by a local authority to determine if it is substantially identical, uniform and consistent with the rules adopted by ADOT for oversized or overweight vehicles. (Sec. 3)

4.       Instructs ADOT to:

a.       Submit all ordinances provided by a local authority to the Council for review; and

b.       Notify the local authority of any updates or changes to rules established by ADOT. (Sec. 2)

5.       Asserts that the Council's review and approval does not limit a local authority's power to restrict highway use under its jurisdiction. (Sec. 2)

6.       Removes the requirement that ADOT make the ordinances and rules available to the public in a timely manner. (Sec. 2)

7.       Contains a retroactive effective date of June 30, 2017. (Sec. 4)

8.       Makes technical and conforming changes. (Sec. 1, 2)

Current Law

ADOT and local authorities are required to provide reasonable access to vehicles of legal size to and from terminals and service facilities within one road mile of the national network on highways within their respective jurisdictions. Local authorities are required to provide ADOT with an annually updated list of routes or maps designating the highways on which reasonable access is denied, and ADOT annually publishes a consolidated list.

Reasonable access within one road mile to or from the national network may be denied if: 1) access would result in a significant and clearly evident safety problem; 2) on specific routes with lanes that are up to 120 inches wide and the vehicle is at least 102 inches wide; or 3) denial is related to the specific configuration and resultant safety factor of the individual route, including structural hazards. In denying reasonable access, ADOT or the local authority cannot grant exceptions for categories, types or groups of routes (A.R.S. § 28-1092).

The Council, consisting of nine Governor-appointed members, meets at least one time per year to advise and consult with the motor carrier industry, ADOT and law enforcement agencies on matters relating to overdimensional permits. Local authorities are required to provide ADOT with current ordinances and rules relating to overdimensional permits in a timely manner. Upon receipt of the ordinances and rules, ADOT notifies the Council and makes the rules and ordinances available to the public in an electronic format (A.R.S. § 28-1103).

 

 

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Fifty-third Legislature                  HB 2521

Second Regular Session                               Version 1: Transportation & Infrastructure

 

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