REFERENCE TITLE: truck routes; designation

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SB 1097

Introduced by

Senators Carroll: Gowan, Shamp; Representatives Cook, Livingston, Wilmeth

An Act

amending section 28-1106, Arizona Revised Statutes; relating to vehicle size, weight and load.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 28-1106, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1106. Restriction on highway usage; definitions

A. By ordinance or resolution and for a total period of not more than ninety days in any one calendar year, a local authority with respect to highways under its jurisdiction may prohibit the operation of a vehicle on the highway or may impose restrictions as to the weight of a vehicle to be operated on the highway if the 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 the vehicles are reduced.

B. A local authority enacting an ordinance or resolution pursuant to subsection A of this section shall erect or cause signs to be erected and maintained designating the provisions of the ordinance or resolution at each end of that portion of a highway affected by the ordinance or resolution. The ordinance or resolution is not effective until the signs are erected and maintained.

C. A local authority with respect to highways under its jurisdiction may prohibit by ordinance or resolution the operation of trucks or other commercial vehicles or may impose limitations as to the weight of vehicles on designated highways. The local authority shall place appropriate signs on the highway to designate the prohibitions and limitations.

D. The director has authority as granted by this section to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated on a highway under the jurisdiction of the director. The restrictions are effective when signs giving notice of the restrictions are erected on the highway or portion of the highway affected by the resolution.

E. Notwithstanding subsections C and D of this section, the director or a local authority may only restrict or prohibit a vehicle of legal size from operating on a highway that is a major arterial street and that connects two or more local jurisdictions if the department or the local authority conducts a test drive or APPLIES a vehicle template on the highway that shows that a vehicle of a legal size may not safely operate on the highway.

F. If a vehicle of legal size may not safely operate on a major arterial street, the director and local authority may not grant exceptions for categories or types or groups of routes.

G. A person may request in writing a review of any route restrictions for vehicles of legal size.  The director shall act on all requests within ninety days after receiving the written request.  If the director determines that a vehicle of legal size can operate safely on a major arterial street, the local jurisdiction may not restrict that arterial street.

H. For the purposes of this section:

1. "Major arterial street":

(a) Means an arterial street as Defined in section 28-6531.

(b) Includes:

(i) A principal arterial street.

(ii) Any arterial street if a local authority does not distinguish between major and minor arterial streets.

(iii) Any arterial street that has access to a freeway, controlled access highway or the national highway system.

(iv) Any arterial street that has a bridge along its route.

(v) Any arterial street that is designated as a major arterial street in an adjoining jurisdiction.

2. "Vehicle of legal size" means a vehicle that complies with the limitations set forth in all of the following:

(a) Section 28-1093, subsection C.

(b) Section 28-1094.

(c) Section 28-1095, subsections A and B unless exempt pursuant to section 28-1095, subsection D.

(d) Section 28-1095, subsection C, paragraphs 1, 2, 3 and 4 unless exempt pursuant to section 28-1095, subsection D. END_STATUTE

Sec. 2. Local ordinances; highway use; conflict; repeal; amend; invalid

A local authority that passed an ordinance before the effective date of this act that is inconsistent with section 28-1106, Arizona Revised Statutes, as amended by this act, shall repeal or amend the ordinance to comply with this act within ninety days after the effective date of this act or the ordinance is invalid.