ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: TAT DP 6-1-0-0 | 3^rd Read 24-4-2-0 House: TI DP 10-1-0-0

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SB 1097: truck routes; designation

Sponsor: Senator Carroll, LD 28

Caucus & COW

Overview

Directs 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 with ADOT and requires local jurisdictions to conform to state-level determinations.

History

By ordinance or resolution for no more than 90 days a local authority may prohibit the operation of a vehicle or impose weight restrictions on a vehicle to be operated on a highway in its jurisdiction if the highway will be seriously damaged because of deterioration, rain, snow or other climatic conditions if the use of the vehicle is not prohibited or if the weight of the vehicle is not restricted. The local authority enacting the ordinance or resolution is required to erect and maintain signs stating the provisions of the ordinance or resolution at each end of that portion of the highway. The ordinance or resolution is not effective until the signs are erected and maintained.

A local authority may prohibit the operation of trucks or other commercial vehicles on highways in its jurisdiction or may impose limitations as to the weight of vehicles on designated highways. These restrictions are not enforceable until the local authority erects the proper signage.

The Director of ADOT (Director) has the authority granted to local authorities to determine by resolution and to impose restrictions on the weight of vehicles operated on a highway under the jurisdiction of ADOT. The restrictions are not effective until the proper signage is erected (A.R.S. § 28-1106).  

Provisions

1. States for ordinances passed on and after January 1st, 2020, that the Director or a local authority may only restrict vehicles of legal size from operating on a highway that is a major arterial street connecting two or more local jurisdictions if ADOT or the local authority have conducted a test drive or applied a vehicle template that shows that the vehicle cannot operate safely on the highway. (Sec. 1)

2. Declares that if a vehicle of legal size may not operate safely on a major arterial street, the Director and local authority may not grant exceptions for categories, types or groups of routes. (Sec. 1)

3. States that if a highway does not have truck restrictions before being annexed or transferred by a local authority it may not be incorporated into existing truck restrictions that passed on or after January 1st, 2020, unless the highway meets the requirements of this act. (Sec. 1)

4. Allows a person to make a written request to the Director for a review of any route restrictions for vehicles of legal size enacted on or after January 1st, 2020. (Sec.1)

5. Requires the Director to act on requests for a route review within 90 days of receiving the request. (Sec. 1)

6. States that if the Director determines that a vehicle of legal size can safely operate on a major arterial street, the local jurisdiction is prohibited from restricting that street. (Sec.1)

7. Mandates for major arterial streets that have a truck restriction that do not provide a through access between jurisdictions before January 1st, 2023, and that is improved upon from and after December 31st, 2022, to provide through traffic between two or more jurisdictions have their truck restriction nullified unless one of the following criteria is met:

a) The highway is a major arterial street that meets this act's requirements;

b) A local authority notifies all active statewide associations that are registered for lobbying with the Secretary of State primarily representing trucking interests via certified mail of the new through traffic connection, and the local authority receives a letter of support from all those associations; or

c) The improvement providing a through connection is located one mile or less from a reasonable alternative route that provides through access to the other jurisdictions without restrictions. (Sec. 1)

8. Requires a local authority that passed an ordinance on or after January 1, 2020, that is inconsistent with this act's requirements to amend or repeal the ordinance to comply with this act within 90 days after the effective date or the ordinance is invalidated. (Sec. 2)

9. Defines terms. (Sec. 1)

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                        SB 1097

Initials JB/BM Page 0 Caucus & COW

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