Bill Summary for H 1138 (2015-2016)

Summary date: 

May 19 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1138 (Local) Filed Thursday, May 19, 2016
AN ACT TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO PROHIBIT TRUCK TRAFFIC TRAVELING TO A SPECIFIC DESTINATION FROM USING VICTORY CHURCH ROAD IN WAKE COUNTY AND REQUIRE THOSE TRUCKS TO INSTEAD USE AN ALTERNATE TRUCK ROUTE IN WAKE OR DURHAM COUNTY DESIGNATED BY THE DEPARTMENT, IF SPECIFIED CONDITIONS ARE MET, AND IF REQUESTED BY ALL AFFECTED LOCAL GOVERNMENTS IN WAKE AND DURHAM COUNTIES.
Intro. by Avila.

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Bill summary

Amends GS 20-116, concerning the size of vehicles and vehicle loads under the Motor Vehicle Act of 1937, by enacting new subsection (h1), which authorizes the Department of Transportation (Department) to prohibit truck traffic traveling to a specific destination from using specified secondary State roads and require those trucks to instead use an alternate truck route designated by the Department.

Provides eight conditions that must be met in order for the Department to exercise the authority granted in subsection (h1), as follows: (1) the road subject to restriction is a State secondary road located in a primarily residential area; (2) the road subject to restriction is not a primary State highway; (3) the road subject to restriction has a disproportionately large number of trucks traversing the route in order to travel to a specific nearby destination, and the truck traffic is inconsistent with the primarily residential land use along the road; (4) the road subject to restriction has an average daily traffic count of 10,000 or fewer vehicles per day; (5) the alternate truck route designated by the Department adds no more than 15 miles to a truck trip to the specified destination, measured from the initial point of restriction; (6) the Department, based on its investigation, finds that safety will be promoted and the public interest served by the designations; (7) the Department determines whether there are alternate routes significantly different in land use and density that provide access to the specified destination, and if the specified truck destination was in operation prior to the establishment of the residential land use along the route to be restricted, and notifies all affected local government governing bodies of its determination prior to their taking any action under subdivision (8) of subsection (h1); (8) all local governments in which the proposed restricted and alternate truck routes are located request the designations by resolution of their governing boards.

Effective October 1, 2016, and applies to Wake and Durham counties only.

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