(1) (a) The patrol, after consultation with local governmental authorities, has the sole authority to designate which public roads are to be used and which are not to be used by motor vehicles transporting hazardous materials. The patrol shall exercise its authority in accordance with section 42-20-302. Gasoline, diesel fuel, and liquefied petroleum gas are exempt from route designation unless the petitioning authority specified in section 42-20-302 requests their inclusion. The patrol may exempt crude oil from route designation after a request from the petitioning authority.
The patrol may include, as part of designated route restrictions, the closing of streetsand highways and other conditions or restrictions the patrol deems advisable, except for hours of operation and curfews.
Routes designated by the patrol in accordance with this part 3 do not apply to motorvehicles when used to transport to or from the farm or ranch site products necessary for agricultural production.
No city, county, or city and county may impose restrictions on hours of operation ondesignated routes; except that this paragraph (d) does not apply to any city, county, or city and county that, by resolution or ordinance, had routes or hours of operation restrictions in effect on July 1, 1985.
The patrol may approve route designations only for those materials listed in table 1 of 49 CFR 172.504, in any quantities, and those materials listed in table 2 of 49 CFR 172.504, when carried in quantities of five hundred gallons or more; except that the patrol may not accept or approve route designations for those materials listed in table 2 when packaged in containers of five gallons or less or when packaged as consumer commodities as defined in 49 CFR 173.1200.
Notwithstanding any other provision of this part 3 or part 1 or 2 of this article to thecontrary, the transportation commission may regulate hours of operation of the EisenhowerJohnson tunnels, structure numbers F13Y and F13X, respectively, on interstate 70.
Source: L. 94: Entire title amended with relocations, p. 2525, § 1, effective January 1, 1995. L. 95: (3) amended, p. 963, § 26, effective May 25. L. 99: (3) amended, p. 45, § 1, effective August 4. L. 2011: (1) amended, (HB 11-1176), ch. 56, p. 149, § 2, effective August 10.
Editor's note: This section is similar to former § 43-6-301 as it existed prior to 1994.