ARIZONA
HOUSE OF REPRESENTATIVES
|
HB 2521: vehicle size, weight and load |
||
|
PRIME SPONSOR: Representative John, LD 14 BILL STATUS: Senate Engrossed |
|
|
Relating to regulation of oversized or
overweight CMVs.
Provisions
1. Instructs ADOT and local authorities to provide reasonable access to oversized vehicles beyond one road mile of the national network on routes on highways within their jurisdictions if:
a. The vehicles are vehicles of legal size; and
b. The vehicles 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. Instructs ADOT to notify the local authority of any updates or changes to rules established by ADOT. (Sec. 2)
3. Requires local authorities to submit a proposed ordinance to ADOT, who will submit it to the Council, before it is adopted or enforced. (Sec. 2)
4. Provides the Council 90 days after ADOT receives an ordinance to review it to determine if it is substantially identical, uniform and consistent with the rules adopted by ADOT for oversized or overweight vehicles. (Sec. 2, 3)
5. Stipulates that a local ordinance is deemed compliant if the Council does not act within the 90 days. (Sec. 2)
6. Directs the Council to notify ADOT if it determines the proposed ordinance is not in compliance.
a. ADOT must notify the local authority in writing up to 30 days after the review if the ordinance is found to be out of compliance. (Sec. 2)
7. Requires the local authority to make changes as applicable upon receipt of written notification of noncompliance. If the local authority:
a. Accepts the Council's recommended changes, further review is not required.
b. Makes a substantial change to the ordinance, it must be resubmitted to ADOT. (Sec. 2)
8. 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)
9. Contains a retroactive effective date of June 30, 2017. (Sec. 4)
10. Makes technical and conforming changes. (Sec. 1-3)
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).
---------- DOCUMENT FOOTER ---------
Fifty-third Legislature HB 2521
Second Regular Session Version 4: Senate Engrossed
---------- DOCUMENT FOOTER ---------
