HB2420 - 541R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-1103, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1103. Excess size and weight special permits; definition

A. Subject to section 28‑1104, subsection E, on application in writing and for good cause, the director with respect to highways under the jurisdiction of the department and a local authority with respect to highways under its jurisdiction may issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with this chapter on any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible.

B. A special permit may be issued for the movement of overdimensional and overweight loads that is subject to department rules for overdimensional and overweight loads. The director shall adopt rules for overdimensional and overweight loads. The director may establish fees to cover all or part of the cost of review and analysis of requests for overdimensional and overweight load permits. The department shall collect the fees, in addition to the special permit fee provided by this section or section 28‑1105.

C. Subject to this section, the director or local authority may issue the following special permits that are valid for thirty days or one year and that may be limited by the director or local authority:

1. A special permit authorizing the applicant to transport a load by means of a truck‑semitrailer, truck‑trailer, truck tractor‑semitrailer‑semitrailer or truck tractor‑semitrailer‑trailer combination, if all of the following conditions are met:

(a) The overall length of the cargo carrying unit of the vehicle combination does not exceed ninety‑five feet.

(b) The axle weight limitations are subject to sections 28‑1099 and 28‑1100.

(d) The vehicle combination is traveling within twenty miles of the borders of this state and an adjacent state that allows such combinations of length and gross vehicle weight.

2. Except on the national intercity truck route network designated by the United States secretary of transportation as required by the surface transportation assistance act of 1982, a special permit authorizing the applicant to transport a load by means of a truck and two trailing units or a truck tractor, a semitrailer and two trailing units if all of the following conditions are met:

(a) The overall length of the cargo carrying unit of the vehicle combination does not exceed ninety-five feet.

(b) The axle weight limitations conform to sections 28‑1099 and 28‑1100.

(c) The overall gross weight of the vehicle combination does not exceed one hundred twenty‑three twenty‑nine thousand five hundred pounds.

(d) The vehicle combination is traveling on either:

(i) A state route or highway that is located within four miles of and extends to the border of this state and an adjacent state that allows vehicle combinations of a truck or a truck tractor‑semitrailer and not more than two additional trailers or semitrailers.

(ii) A state route or highway that extends at least ten miles through an Indian reservation, does not cross the Colorado river and is located within twenty miles of and extends to the border of this state and an adjacent state that allows such combinations of trailers or semitrailers.

3. On application in writing by an owner of a watercraft as defined in section 5‑301 and on good cause shown, a special excess width permit for a fee of forty‑five dollars $45 for each watercraft covered by the permit that:

(a) Authorizes the owner to move a vehicle loaded with the watercraft on a highway under the jurisdiction of the issuer if all of the following conditions exist:

(i) The total outside width of the vehicle and watercraft does not exceed ten feet.

(ii) The vehicle loaded with the watercraft is otherwise in conformity with the limitations prescribed by this chapter.

(iii) The watercraft is properly registered with the Arizona game and fish department.

(b) Contains the watercraft registration number.

D. The director may issue a special excess width permit for the operation of a vehicle with a reducible load only if both:

1. The load exceeds the width limitation prescribed in section 28‑1093.

2. The load does not exceed ten feet in width.

E. Subject to this section and on receipt of an application, the director or local authority shall issue a permit that is valid for thirty days or one year and that authorizes the commercial movement of recreational vehicles as defined in section 41‑4001 that exceed the size restrictions prescribed in this article. There is no limit on the number of movements generated or the number of vehicles moved by the permittee under a permit issued pursuant to this subsection. Notwithstanding section 28‑1104, additional permit requirements shall not be imposed on the commercial movement of these recreational vehicles if the recreational vehicles comply with section 28‑1093, subsection D.

F. If a local authority issues permits pursuant to this section, the local authority shall adopt and enforce ordinances that are substantially identical to rules adopted by the department that relate to overdimensional or overweight commercial vehicles, and the local authority may adopt ordinances relating to infrastructure restrictions, route restrictions and time‑of‑day restrictions. The local authority shall provide to the department in a timely manner in an electronic format prescribed by the director all current ordinances and rules of the local authority relating to the permits. The department shall:

1. Make the ordinances and rules available to the public in an electronic format.

2. Notify a local authority of any updates or changes to rules established by the department.

G. Before the adoption and enforcement of an ordinance by a local authority pursuant to subsection F of this section, the engineer or designated officer having jurisdiction over the highways within the local authority shall submit the proposed ordinance to the department and the department shall submit the proposed ordinance to the overdimensional permit council established by section 28‑1150 for review.

H. The overdimensional permit council has ninety days after the date that the department receives the proposed ordinance pursuant to subsection G of this section to review the proposed ordinance for compliance with subsection F of this section. The proposed ordinance is deemed compliant if the overdimensional permit council does not act within ninety days as prescribed by this subsection. If the overdimensional permit council determines that the proposed ordinance does not comply with subsection F of this section, the overdimensional permit council shall notify the department of the noncompliance before the end of the ninety‑day period. The department shall notify the engineer or designated officer with jurisdiction over highways of the local authority in writing within thirty days after the review and provide specific provisions and the council's reasons that the ordinance is not in compliance with subsection F of this section.

I. On receipt of written notification that the proposed ordinance is not in compliance with subsection F of this section, the local authority shall make changes as applicable. If the local authority accepts the overdimensional permit council's recommended changes, further review is not required. If the local authority makes any other substantial change to the ordinance after the overdimensional permit council's review the local authority shall resubmit the change to the department for review pursuant to subsection G of this section.

J. This section does not limit a local authority's power to restrict highway use pursuant to section 28‑1106.

K. The department is immune from liability for providing to the public a local authority's ordinances or rules relating to permits issued by the local authority pursuant to this section if the department relies on the information submitted by the local authority in good faith.

L. For the purposes of this section, "cargo carrying unit" means any portion of a commercial motor vehicle combination used for the carrying of cargo, including a trailer, a semitrailer or the cargo carrying section of a single unit truck. Cargo carrying unit does not include the cab portion of a truck or truck tractor. END_STATUTE