Bill Text: AZ HB2521 | 2018 | Fifty-third Legislature 2nd Regular | Chaptered
Bill Title: Vehicle size, weight and load
Spectrum: Slight Partisan Bill (Republican 9-4)
Status: (Passed) 2018-04-17 - Chapter 242 [HB2521 Detail]
Download: Arizona-2018-HB2521-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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CHAPTER 242
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HOUSE BILL 2521 |
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AN ACT
amending sections 28‑1092, 28‑1103 and 28‑1150, 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 28-1092, Arizona Revised Statutes, is amended to read:
28-1092. Reasonable access; definitions
A. The department shall 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 its jurisdiction.
B. The local authority shall 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 its jurisdiction. The local authority shall provide the director with a list of routes or maps designating the highways on which reasonable access is denied by December 1, 1992. The local authority shall update the list annually beginning on December 31, 1993. The department shall consolidate and publish the list annually.
C. Except as otherwise provided by this title, the department or the local authority shall provide reasonable access to vehicles of legal size beyond one road mile of the national network on a route on highways within its jurisdiction if both of the following apply:
1. A test drive on the route or an application of a vehicle template to a plan of the route shows that vehicles of legal size can safely travel on the route.
2. The vehicles are of legal size.
C. D. The department and the local authority may deny reasonable access within one road mile to or from the national network by a vehicle of legal size on highways within their jurisdiction as follows:
1. Reasonable access may be denied if access would result in a significant and clearly evident safety problem in relation to a vehicle of legal size.
2. For vehicles that are at least one hundred two inches wide, reasonable access may be denied on specific routes with lanes that are ten feet wide or less.
3. Reasonable access may be denied if denial is related to the specific configuration and resultant safety factor of the individual route, including structural hazards.
4. In denying reasonable access, the department or local authority shall not grant exceptions for categories, types or groups of routes.
D. E. A person shall submit a written request for reasonable access to the department if it concerns highways under its jurisdiction or to the local authority if it concerns highways under its jurisdiction. If a written request for reasonable access is not acted on within ninety days of after receipt by the appropriate jurisdiction, reasonable access is approved. If a written request for reasonable access is denied by the department or the local authority, the person may appeal to the jurisdiction that denied access, and the jurisdiction shall issue a decision within ninety days. If the appeal is denied by the local jurisdiction, the person may request a review by the director of the denial of access.
E. F. The department shall design a uniform symbol that is an exception sign to convey information that access is denied. The department shall use the sign to indicate any point of exit from the national network that does not have a connecting state or local authority access route to terminals or service facilities.
F. G. The department or a local authority shall not require a person to obtain a permit for a vehicle of legal size or to pay a fee to gain reasonable access pursuant to this section.
G. H. For purposes of this section:
1. "National network" means the system of highways that is a part of any segment of the national system of interstate and defense highways or any other qualifying federal aid highway or state highway designated by the director as authorized by the surface transportation assistance act of 1982 (P.L. 97‑424; 96 Stat. 2097) and designated pursuant to section 28‑1093.
2. "Reasonable access" means providing the most reasonable and practical route available, including allowance for return of the vehicle to the national network on a route other than the route traveled to the terminal or service facility if it is feasible and more practical to follow the alternate route, unless allowing access would result in a significant and clearly evident safety problem.
3. "Service facility" means a facility that provides food, fuel, lodging, repairs or emergency medical care.
4. "Terminal" means a location where either:
(a) Freight originates, terminates or is handled in the transportation process.
(b) Commercial motor carriers maintain operating facilities.
5. "Vehicle of legal size" means a vehicle of a size that meets the limitations prescribed in section 28‑1093, subsection C, section 28‑1094 and section 28‑1095, subsections A and B, subsection C, paragraphs 1, through 2, 3 and 4 and subsection D.
Sec. 2. Section 28-1103, Arizona Revised Statutes, is amended to read:
28-1103. 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.
(c) The overall gross weight of the vehicle combination does not exceed one hundred twenty-nine thousand pounds.
(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 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 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 notify the overdimensional permit council established by section 28‑1150 of the ordinances and rules and make the ordinances and rules available to the public in an electronic format in a timely manner. 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.
G. 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.
H. 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.
Sec. 3. Section 28-1150, Arizona Revised Statutes, is amended to read:
28-1150. Overdimensional permit council
A. An overdimensional permit council is established consisting of the following nine members who are appointed by the governor:
1. One member representing the department of public safety.
2. One member representing the department of transportation.
3. Four members representing motor carriers.
4. One member from a city or town with a population of more than one hundred thousand persons.
5. One member from a city or town with a population of one hundred thousand persons or less.
6. One member representing the governor's office of community and highway safety.
B. The members serve staggered three year terms.
C. The overdimensional permit council shall:
1. Meet at least annually.
2. Select from its members a person to serve as chairperson.
3. Advise and assist the department of transportation in developing rules required to administer this article and article 18 of this chapter.
4. Advise and consult with the motor carrier industry, department of transportation and state and local law enforcement agencies concerning matters relating to overdimensional permits.
5. Establish a mailing list that includes any party expressing an interest in the council's activities. The council shall provide the list to the department of transportation, and the department of transportation shall send notice by first class mail to each person on the list at least fifteen days before the date on which each meeting of the council is to be held.
6. Review each proposed ordinance that a local authority submits pursuant to section 28‑1103, subsection G to determine if the proposed ordinance is substantially identical, uniform and consistent with the rules adopted by the department for oversized or overweight vehicles pursuant to section 28‑1103, subsection F.
D. Members of the overdimensional permit council are not eligible to receive compensation or reimbursement for expenses.
E. The overdimensional permit council is subject to title 38, chapter 3, article 3.1.
Sec. 4. Retroactivity
This act applies retroactively to from and after June 30, 2017.
APPROVED BY THE GOVERNOR APRIL 17, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 17, 2018.
