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TC 07-28-08 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM TO: Frederick County Transportation Committee FROM: John A. Bishop, AICP, Deputy Director - Transportation RE: July 28, 2008 Transportation Committee Meeting DATE: July 21, 2008 FAX: 540/665-6395 The Frederick County Transportation Committee will be meeting at 8:30 a.m. on Monday, July 28, 2008 in the first floor meeting room of the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. AGENDA 1. Route 11 North Planning Update 2. Interstate, Primary, and Secondary Road Plans 3. Stephens City Speed Limit Discussion 4. Warren County Truck Restriction Discussion 5. Article Review 6. Other Please contact our department if you are unable to attend this meeting. Attachments JAB/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 C • • Item 1: Route 11 North Planning Update Staff will be updating the Committee on the progress of the Route 11 North planning exercise. 2 C • • Item 2: Interstate, Primary, and Secondary Road Plans Attached please find the draft Interstate, Primary, and Secondary Road Plans. The Interstate and Primary plans are unchanged from last year, and the Secondary Plan has been amended to reflect updated priorities, funding, and projects that have been completed. 3 2009-2010 INTERSTATE ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA DRAFT Frederick County Transportation Committee: Frederick County Planning Commission: Frederick County Board of Supervisors: I-81 Improvements: Provide additional travel lanes on the main line, collector -distributor lanes adjacent to the main line, modifications to existing interchange areas, and develop new interchange areas and bridge crossings of the main line as recommended by the WinFred MPO Long Range Plan. In addition, as the State continues to work toward an ultimate plan for the 1-81 widening the County of Frederick continues to support the study of Eastern Route 37 as a potential corridor on new location as an alternative for that effort. Moreover, the County of Frederick supports exploration of the potential for rail transportation as a component of the Interstate 81 Corridor improvements. A) Make Safety and Operational Improvements at Exit 310 (as illustrated on map as priority A) B) Widen I-81 from Fairfax Pike to Route 37 North. This should include the relocation of the 277 Interchange, Exit 307, further south to alleviate existing and future congestion on Fairfax Pike. Frederick County would also request continued VDOT assistance and support in the effort to relocate exit 307. From: Route 277, Exit 307 To: Route 37 North, Exit 310 (as illustrated on map as priority B) C) Widen Remainder of I-81 in Frederick County From: West Virginia line To: Warren County line (as illustrated on map as priority C) D) Spot Improvements on I-81 in Frederick County. Provide spot improvements at various interchanges and rest area ramps to increase capacity and/or enhance safety for the motoring public -W, Mi 4JI Otaor m Stephens I A', Winchester 30 y �!, �" Dii 9 2008-2009 Interstate Road Improvement Plan PrjorhyA Able 4tv & Opemwnd kvmvemext at B&NO pirB Kwa.Nlfmm m"y k277N&; kXN Pri)rity C Men &,munder ofZYI 2009-2010 PRIMARY ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA Dra--fft'. Frederick County Transportation Committee.- Frederick ommittee: Frederick County Planning Commission: Frederick County Board of Supervisors: 1) Route 37 Bypass A. Route 37 - Phase 1 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the southern segment of the Route 37 Eastern Bypass from Interstate 1-81 to Front Royal Pike (Route 522 South). (As illustrated on map as priority ]A) B. Note: It is intended that the first phase of Fairfax Pike (Route 277), as identified under item #2, shown below, be programmed for construction following the completion of Phase I of the Route 37 Eastern Bypass. (As illustrated on map as priority IB) C. Route 37 - Phase 2 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between existing Route 37 around Stonewall Industrial Park and Route 7. (As illustrated on map as priority I C) D. Route 37 - Phase 3 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between Route 7 and Route 522. (As illustrated on map as priority ID) 2) Route 277 (East of Stephens City) From: I-81/Route 277/Route 647 Intersection (East of Stephens City) To: Route 340/Route 522 South Intersection (East of Double Toll Gate) Phase 1: From the 1-81/277 Interchange to Route 636 (As indicated under note for priority 1B) Phase 2: From Route 636 to Route 340/Route 522 (As indicated on map as priority 2) Improve to a four lane divided roadway with County staff to work with site developers to acquire dedicated right-of-way and achieve grading, drainage, and construction improvements in conjunction with development projects which occur along the corridor until such time that funding is available for construction. Establish a construction schedule for the phased improvement of Fairfax Pike (Route 277). Program funding for the completion of right-of-way acquisition and construction of each phase as described above. 3) Route 11 (North and South of Winchester) A) Establish an Urban Divided Four Lane System From: Southern limits of the City of Winchester To: 0.4 miles south of intersection of Route 37 South, Exit 310 (As illustrated on map as priority 3A) B) Establish an Urban Divided Four Lane System From: Northern limits of the City of Winchester To: Intersection of Route 761 (As illustrated on map as priority3B) C) Establish an Urban Divided Four Lane System From: Intersection of Route 761 To: West Virginia line (As illustrated on map as priority 3C) 4) Commuter Park and Ride Lots Establish a new park and ride facility along the Berryville Pike (Route 7) corridor. Work with the Northern Shenandoah Valley Regional Commission to determine appropriate locations for park and ride facilities at other strategic locations within the County's Urban Development Area. For Park and Ride locations in Frederick County the primary goal should be that they are situated in such a manner that they reduce traffic in Frederick County in addition to adjacent localities. (As illustrated on map as priority 4) m FE - r ICT 10 , r F'r11llary Road hu -ovenient Plall R:137 Bypass Phases Y Prlorky Iii I ` I h 044MO/ Pr io rity 1 C 400%r0 Priority 1 D R:1277 East of StephensCity Priority 18 **%.pPrlor42 `to CT .T'h�, PharrL Y f� fy-torr � '' i Rt11 Molth R South rt f{ -�.1 f Priority'3A A ; j Pr io rity 38 Priority 3C 1 {:oituturtei - Paik 8 Rile Lots � � � ' Prior44 2009-2010 SECONDARY ROAD IMPROVEMENT PIAN f®r FREDERICK COUNTY, VIRGINIA DralM1,*t Frederick County Transportation Committee: Frederick County Planning Commission: Frederick County Board of Supervisors: FREDERICK COUNTY MAJOR ROAD1114PROVEMENT PROJECTS 2009/2010 through 2014/2015 Major road improvement projects command the reconstruction of hardsurfaced roads to enhance public safety. Improvements required for road width, road alignment, road strength, and road gradient are considered major road improvements projects. 2 E r Y W ( ('} t— U i LL (� LU UJI z (W Z LLf — t/1 t— Iii 0 i QLL€ Q > U -t C9 w € O Q i t Q E U) I UJ <t I 1) 655 Sulphur Springs Route 50 0.30 M.E. 5700 1.1 miles SH $9,278,000 2011/12 Road Rt. 656 2) 672 Brucetown Rd Route 11 0.35 M. 3200 0.35 miles ST pending East 3) East Tevis Street 0.2 Miles Route 522 N/A 0.2 miles SH Revenue UN/SH Feasibility west of Rt. Sharing Phase 522 Potential 4) 657 Senseny Road Rt. 656 Clarke Co. 6800 2.07 miles SH/RB Revenue UN/SH Feasibility Line Sharing Phase 5) Warrior Road Rt. 1012 Rt. 277 N/A OP $200,000 UN/SH Feasibility Phase 6) Spine Road Rt. 657 Haggerty N/A 0.7 miles RB $200,000 UN/SH Feasibility Connection Track Phase 7) 1520 Iverlee Way Rt. 50 Rt. 657 NIA 1.06 miles SH Revenue UN/SH Feasibility Sharing Phase 2 FREDERICK COUNTY HARDSURFACE ROAD IMPROVEMENT PROJECTS 2009/2010 through 2014/2015 Hardsurface road improvement projects provide impervious resurfacing and reconstruction of non- hardsurfaced secondary roads. Hardsurface improvement projects are prioritized by an objective rating system, which considers average daily traffic volumes; occupied structures; physical road conditions including geometrics, drainage, and accident reports; school bus routing; and the time that project requests have been on the Secondary Road Improvement Plan. 3 t W J Z 0� w w ! 2 iLLI' FTiow" Q I g Z Z IX0 w v t-!— w W Z lg t. s= F COi LL " " O > v O a P () I CC O E 1 705 Ebenezer Church Road 0.25 miles 2.0 miles 170 2.0 miles GA $288,590 07/08 east of Rt. West of Rt. 703 522 0.50 miles 2) 681 Chestnut Grove Road north of Route 608 270 1.62 miles GA $298,044 03/09 Rural Rustic Rt. 805 3a) 679 Indian Hollow Road 0.3 miles 1.5 miles 140 1.20 miles GA $221,380 03/10 Rural Rustic west Rt, west Rt. 608 1 608 3b) 679 Indian Hollow Road 1.5 miles 0.50 miles 140 1.30 miles GA $223,479 03/11 Rural Rustic west Rt. east Rt. 600 608 Rt. 735 1.30 miles 160 1.30 miles OP $200,606 03/12 Potential Rural 4a) 709 Ridings Mill Road south Rt. Rustic 735 4b) 709 Ridings Mill Road 1.30 miles Rt. 636 160 1.40 miles OP $250,000 UN/SH Potential Rural south Rt. Rustic 735 671 Woodside Road Rt. 11 0.4 East of 50 0.4 miles ST Funding By UN/SH Potential Rural Rt. 11 Others Rustic 5) 676 Warm Springs Road 77 0.83 miles 225 0.83 miles ST $268,000 UN/SH Potential Rural FRt. north Rustic 6) 671 Woodside Road 69 WVline 247 0.30 miles ST $150,000 UN/SH Potential Rural Rustic 3 FREDERICK COUNTY UNSCHEDULED i ARDSURFACE ROAD IMPROVEMENT PROJECTS RATINGS UPDATED June 2007 2009/2010 through 2014/2015 I ul Q Z f a Q M () i W- C.) W 1 U f z Y W I O O O t ~ lU~© I _Z ~ i J I 1) 644 East Parkins Rt. 50 East Clarke County 260 0.81 SH 76 Mill Road miles 2) 707 Hollow Road WV Line Rt. 610 200 1.6 BC/GA 73 miles 3) 734 North Sleepy 1.27 Mi. S. W. 2.27 Mi. S. W. of 140 1.0 GA 73 Creek Road of Rt. 522 Rt. 522 mile 4) 692 Pack Horse 1.2 Mi. N. E. Rt. 671 200 1.4 GA 71 Road of Rt. 600 miles 5) 629 Carter Lane Rt. 631 Rt. 625 290 1.8 BC 71 miles 6) 733 Fletcher Road Rt. 50 West Rt. 707 120 1.3 GA 70 miles 7) 638 Clark Road Rt. 625 Rt. 759 70 0.8 BC 69 miles 8) 607 Heishman Rt. 600 End of State 100 0.78 BC 68 Road Maintenance miles 9) 695 Middle Fork 2.3 Mi. N of WV Line 30 0.9 GA 68 Road Rt. 522 miles 10) 677 Old Baltimore Rt. 676 Rt. 672 200 1.2 GA 68 Road miles 11) 634 Cougill Road Rt, 635 Rt. 11 130 0.25 BC 67 miles 12) 612 Fishel Road Rt. 600 Rt. 600 30 1.6 BC 67 miles 13) 629 Laurel Grove Rt. 622 2.5 Mi. W. of 180 2.5 BC 63 Road Rt. 622 miles 14) 636 Canterburg Rt. 640 Rt. 641 130 1.5 OP 63 Road miles 15) 811 Timberlakes Rt. 671 End of State 180 0.25 ST 63 Lane Maintenance miles 16) 661 Wright Road Rt. 669 WV Line 140 1.84 ST 61 miles 17) 636 Huttle Road Rt. 709 Rt. 735 150 1.1 OP 60 miles 18) 730 Babbs Rt. 654 Rt. 677 50 0.9 GA 59 Mountain miles Road LCI I W V J U H j Z W ~ Z I m I U. Z W V z Z 0 Q} io�� I Tu_�i 3 1 a Lu a 00 < o 19) 696 South Timber Rt. 522 Rt. 694 130 1.3 GA 56 Ridge Road miles 20) 616 McDonald Rt. 608 Mid- 0.44 Mile N. Rt. 85 0.45 BC 41 Road Int. 608 miles 21) 682 Glaize Rt. 608 Rt. 671 200 1.54 GA NA Orchard Rd Miles FREDERICK COUNTY INCIDENTAL CuNS i RUCTION 2009/2010 through 2014/2015 Incidental construction projects are defined as minor construction projects. Examples involve drainage improvements, site distance improvements, spot widening, replacing overflow pipes with box culverts, and the application of plant mix on existing road surfaces. The Virginia Department of Transportation determines if a proposed project qualifies for Incidental Construction based on the overall scope of the improvement. j 0O Q� o i (n I FI Q O H �V LU J� Z LU LJ ,,cY o o CO� � i u_ } I o J LU w I �1) 664 Stephenson 0.06 mile east of Rt. 11 Drainage Improvement ST $125,000 2007/08 VDOT/Fred Road Co. Cooperative _ Project 2) 739 Fox Drive From: 400 ft south of Rt. Construct right turn GA Revenue 522 lane Sharing To: Rt. 522 3) 815 Blossom Drive From: 250 ft south of Rt. 7 Construct right turn ST Revenue To: Rt.7 lane Sharing 4) 1400 Apple Ridge Various roads Plant Mix RB $100,000 2007/08 Subdivision 5) 642 Tasker Road From: 0.10 miles west Rt. Install left turn lanes OP $200,000 2008/09 636 To: 0.10 miles east Rt. 636 White Oak Road 6) 642 Tasker Road From: 0.10 miles west Rt. Install left turn lanes OP $200,000 2008/09 719 To: 0.10 miles east Rt. 719 Warrior Road 7) 1364 Opequon Various Roads Plant Mix ST $70,000 2010/11 Estates 8) 991 Regency Various Roads Plant Mix ST $125,000 2010/11 Lakes 9) 823 Jackson Various Roads Plant Mix BC $60,000 2009/10 Woods 10) 692 Pack Horse Rd 2 Miles North of Rt 600 Install Box Culvert to GA $120,000 2009/10 Improve Drainage 11) 1304 Merriman Various Roads Plant Mix SH $80,000 2010/11 Estates & Westside Station 12) 723 Carpers Valley At Clarke County line Rehabilitation of bridge SH Beyond Bridge Road over Opequon 2013 Funding by VDOT on C • • Item 3: Stephens City Speed Limit Discussion Representatives from the Town of Stephens City will be present to discuss and request support for a speed limit reduction on Route 11 South. P59 C • • Item 4: Reliance Road Truck Restriction Attached please find communication from Warren County officials seeking Frederick County input on the potential restriction of through truck traffic on Reliance Road. 5 HOARD OF SUPERVISORS CHAIRMAN Archie A. Fox Fork District VICE-CHAIRMAN Glenn L White North River District Tony F. Carter Happy Creek District Linda P. Glavis South River District Richard H. Traczyk Shenandoah District COUNTY OF WARREN County Administrator's 1ff:ee Warren County Government Center 220 North Commerce Avenue, Suite 100 Front Royal, Virginia 22630 Phone: (540) 636-4600 FAX. (540 ) 636-6066 Email: admin@warrencountyva.net July 16, 2008 John R. Riley, Jr. County Administrator Frederick County 107 North Kent Street Winchester, VA 22601-5000 RE: Route 627 (Reliance Road) Dear John: Douglas A Stanley County Administrator ,,,.Xra 17 18 79 o 41 a� 07 I am writing regarding the potential restriction of through truck traffic for Route 627 (Reliance Road). Because the first portion of Route 627 east of I- 81 is in Frederick County, VDOT is stating that this portion would need to be restricted as well. We would also notify the towns of Stephens City and Strasburg regarding the alternative routes through their communities. At this point our Board has not formally discussed this issue. Vice Chairman Glenn White, Supervisor for the area, has asked me to informally ask whether Frederick County would be interested in such a restriction before we proceed any further with the discussion. Please give me a call if you would like to discuss the matter further. Sincerely, Du las Stanley, - C ty Administrator DPS Attachments cc: Glenn White, Vice -Chairman, Board of Supervisors Jeff Lineberry, Residency Administrator, Luray Residency, VDOT COUNTY OF WARREN Memorandum County Administrator's Office Warren County Government Center 220 North Commerce Avenue, Suite 100 Front Royal, Virginia 22630 Phone: (540) 636-4600 FAX: (540) 636-6066 Email: admin@warrencountyva.net Douglas P. Stanley County Administrator I have also attached a map of the area in question and a proposed Tony F Carter alternative route that could be utilitized. Let me know how you would like to Flappy Creek proceed. District DPS Attachments lnhFo k Fox cc: kff Lineberry, Residency Administrator, Luray Residency, VDOT District VDOT File A ;rav Blanton South Rrver District TO: Ron Llewellyn, BOS, North River District BOARD OF FROM: Douglas P. Stanley, County Administrator ' SUPERVISORS DATE: May 23, 2007 RE: Restriction on Truck Traffic Route 627 (Reliance Road) CHAIRMAN As requested, I have included information on the process for the Richard H. "rraczyk Shenandoah potential restriction of through truck traffic for Route 627 (Reliance Road). District If you would like to formally pursue this request further, you would need to ask the Board of Supervisors to set a public hearing date to restrict truck traffic along a particular section of roadway and propose an alternative route for the traffic to utilize. Prior to doing this it looks like we would need to VICE-CHAIRMAN ask Frederick County for their support of the request. Because the first portion Ron Llewellyn NorthRi of Route 627 east of 1-81 is in Frederick County, VDOT is stating that this er or s ` portion would need to be restricted as well. We would also notify the towns of Stephens City and Strasburg regarding the alternative routes through their communities. I have also attached a map of the area in question and a proposed Tony F Carter alternative route that could be utilitized. Let me know how you would like to Flappy Creek proceed. District DPS Attachments lnhFo k Fox cc: kff Lineberry, Residency Administrator, Luray Residency, VDOT District VDOT File A ;rav Blanton South Rrver District Proposed Through Truck Prohibition J } Route 627 (Reliance Road) t�q, i 1 FEB �f l { t <� Route 277 (Fairfax Pike) Alternative: 15.4 miles _ [!Legs�nd v Route 55 (Strasburg Road) Alternative: 18.6 miles °' Rom Rouse 277Nternatlre k 7 tl �propowd Warren Ccunty Tuck RestrictionWin —My � Pnrae 55 AIW wive ■ / / Frederick Courcy Truck Rectrinion S Page 1 of 2 Doug Stanley ................ . From: Lineberry, Jeff, PE [Jeff. Lineberry@VDOT.Virginia.gov] Sent: Wednesday, May 23, 2007 10:18 AM To: Doug Stanley; Childress, Robert Subject: RE: 627 truck prohibition.pdf Doug.- Per oug: Per our telephone conversation this morning, it was suggested that you coordinate with Frederick County because they would need to restrict their portion from 1-81 to the Frederick/Warren County line for this to work effectively. If you put up an advance warning sign in Frederick County warning of a restriction in Warren County, you have effectively restricted their portion of the Route 627 as well. As we discussed, it is recommended that you revise the sketch to show the yellow line from the east side of the I- 81 interchange to Route 340/522. Even though Chemstone is one of the major traffic generators for trucl:�;, the purple line would need to start and end at the same termini points as the restricted section of Route 627. As we discussed, you may also want to show an alternate route to the north which connects back around to Route 277 to Route 340/522. Frederick County may have concerns with one or both of these alternate routes. The Town of Strasburg would need to be made aware of the proposed alternate route to the south and the Town of Stevens City would need to be made aware of the proposed alternate route to the north. These multi -jurisdictional truck restrictions can become messy. I was just recently involved in an inquiry that Frederick County had made to our Traffic Engineering staff why there was 1-81 trailblazer signs on Primary routes in Clarke County directing traffic back to the 1-81 interchange areas in Frederick County and that those activities were creating additional congestion. Those particular trailblazer signs have been up for years. Some were related to directing truck traffic to the Inland Port. I just wanted you to be aware. Please advise if you have additional questions Thanks Jeff Jeffery A. Lineberry, PE Residency Administrator Virginia Department of Transportation P.O. Box 308 Luray, Virginia 22835 Phone (540) 743-6585 Fax (540) 743-7249 E-mail Jeff. Lineberry@VDOT.Virginia.gov From: Doug Stanley[mailto:dstanley@warrencountyva.net] Sent: Tuesday, May 22, 2007 9:21 AM To: Childress, Robert; Lineberry, Jeff, PE Subject: FW: 627 truck prohibition.pdf Will this work for the map for Reliance Road? 5/23/2007 FW: Truck Restriction Proceo- - Route 627 - Warren County. Doug Stanley From: Lineberry, Jeff, PE [Jeff. Lineberry@VDOT.Virginia.gov] Sent: Wednesday, May 16, 2007 10:10 AM To: dstanley@warrencountyva.net Cc: Childress, Robert Subject: FW: Truck Restriction Procedures - Route 627 - Warren County. Doug: Page 1 of 2 a I found my previous e-mail when this issue was being discussed before and I am resending it to you. Please advise if you have any questions or need any additional information to get the process started. Jeff Jeffery A. Lineberry, PE Residency Administrator Virginia Department of Transportation P.O. Box 308 Luray, Virginia 22835 Phone (540) 743-6585 Fax (540) 743-7249 E-mail Jeff. Lineberry@VDOT.Virginia.gov From: Lineberry, Jeff, PE Sent: Monday, December 18, 2006 1:33 PM To: Doug Stanley (dstanley@warrencountyva.net) Cc: Childress, Robert Subject: Truck Restriction Procedures - Route 627 - Warren County. Doug: Attached are the procedures and flowchart for requesting a truck restriction on a secondary or primary route. The locality is responsible for conducting the first public hearing and ensuring that items A through D in item 1 of the procedures are followed. VDOT is responsible for completing the remainder of the items after the locality formally submits the request to the Residency Administrator in item 2. An alternate route that has the same beginning and ending points as the restricted route needs to be included in the advertisement for hearing. Due to the requirement to provide an equivalent route to the one proposed for restriction, I-66 cannot be proposed as an alternate route since it does not permit the Virginia 5% Overload Permits. Since this proposal would also impact the portion of Route 627 in Frederick County that intersects with I-81, a similar type hearing or a joint public hearing between both government bodies would be required. For your reference, I have also attached the applicable code section 46.2-809 for truck restrictions and 1�i)Zi)nn'7 FW: Truck Restriction Procefl� - Route 627 - Warren County. Page 2 of 2 46.2-100 which provides various definitions. Per the definition in 46.2-100, 'Truck" means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. Please advise if you have any questions. Both Bob and I have typically attended the locality held public hearings for the truck restriction in other areas of the Residency. We are willing to attend the meeting and attempt to address any additional questions which may come up during the hearing. Jeff Jeffery A. Lineberry, PE Residency Administrator Virginia Department of Transportation P.O. Box 308 Luray, Virginia 22835 Phone (540) 743-6585 Fax (540) 743-7249 E-mail Jeff. Lineberry@VDOT.Virginia.gov <<LIS Code of Virginia 46_2-809.htm>> <<LIS Code of Virginia 46_2-100.htm>> <<TTR PROCEDUREwFlowchart.doc>> c/)Z/)nn-7 PROCEDURES FOR CONSIDERING REQUESTS FOR RESTRICTING THROUGH TRUCKS ON PRIMARY AND SECONDARY HIGHWAYS The following actions constitute a complete and thorough procedure for considering requests to restrict through traffic on primary or secondary roads in accordance with Section 46.2-809 of the Code of Virginia: Before submitting a through truck restriction to VDOT, the local governing body must hold a legally advertised public hearing with adherence to the following: A. Public notices for the hearing must contain a description of the route(s) of the proposed through truck restriction and the alternate route(s) with the same termini. A copy of all Public Notices must be provided with the request. B. The governing body must hold a public hearing and a transcript of that hearing must be provided with the request. C. A copy of the adopted resolution describing the proposed through truck restriction and the alternate including termini must be provided with the request. D. The local governing body must include in the resolution that it will use its good offices for enforcement of the proposed restriction by the appropriate local law enforcement agency. A failure on the part of the local governing body to comply with A, B, C and D will result in the return of the request to the locality for compliance. 2. The local governing body must make its formal request through the Resident Engineer, certifying that it has met all the requirements noted in item #1. The Resident Engineer, upon acceptance of the truck restriction request, will forward it to the District Administrator. The District Administrator will forward the request to the State Mobility Management Engineer. 3. The State Mobility Management Engineer will secure and evaluate the following data: A. The functional classification for the route(s) proposed for restriction and the route(s) proposed as alternate. B. Review of the Six -Year Improvement Program to determine any improvements scheduled for the proposed restricted route(s) and the proposed alternate route(s). C. A traffic engineering study to include: (1) Traffic volumes by vehicle type including the number and percentage of trucks on the route(s) proposed for restriction, and the date(s) the data is collected. (2) Comparison of driving runs on the route(s) proposed for restriction and the alternate route(s), to indicate travel time/distance penalties or savings. D. An inventory of roadway characteristics and geometries for the route(s) proposed for restriction and the alternate route(s). This inventory should include: (1) Roadway length in miles (2) Pavement width (3) Number of travel lanes (4) Shoulder width (5) Pavement type and condition (6) Speed limit (7) Number and Type of adjacent land uses (i.e., residential and/or commercial) (8) Vertical and horizontal alignment (9) Parking restrictions and/or parking observed 4. The State Mobility Management Engineer will secure and evaluate all available accident data or the data for the previous three (3) years for the route(s) proposed for restriction and the alternate route(s). 5. Following receipt of all requested data and information, the State Mobility Management Engineer will conduct a traffic engineering study of the restriction request and a report will be prepared. This report will be sent to the District Administrator for one or more of the following actions: A. Publish a public notice of the proposed restriction, requesting written comment only B. Publish a public notice of the proposed restriction and advise of the Department's willingness to hold a public hearing if requested C. Publish a public notice of the time and place of a public hearing on the proposed restriction If a public hearing is required, the District Administrator or his representative will hold the hearing in accordance with established procedures. In conjunction with the publishing of the public notice, signs will be erected at the terminus of the proposed restricted route(s) advising of the proposed restriction and listing contact information for receiving public comments. This signing shall be erected for a period of at least thirty (30) days. A copy of the public notice will be sent to the Virginia Trucking Association for distribution to the trucking industry and other interested parties. If a proposed alternate route(s) includes route(s) in another locality, the locality should be notified of this proposal for their comments. 6. The District Administrator will prepare a report that will include his recommendation and all pertinent materials (i.e., transcript of public hearing if held, copy of published public notice and any written or oral comments received). This report will be sent to the State Mobility Management Engineer. -2- 7. The District Administrator will inform the Commonwealth Transportation Board member representing the area containing the proposed restricted route(s) of the restriction request and obtain the CTB member's opinion. The District Administrator will provide the State Mobility Management Engineer with the board member's concurrence or disagreement with the recommendation. 8. The State Mobility Management Engineer will review all data and material including the District Administrator's recommendation. A report will be prepared which will consider the criteria outlined in the CTB approved "Guidelines for Considering Requests to Restrict Through Trucks on Primary and Secondary Highways". This report and a recommendation to approve or deny the proposed restriction will be submitted to the Chief of System Operations. 9. For restrictions on secondary routes, the recommendation of the State Mobility Management Engineer, if approved by the Chief of System Operations will be presented to the Commissioner for approval or denial of the proposed restriction. 10. For restrictions on prima routes, the recommendation of the State Mobility Management Engineer, if approved by the Chief of System Operations will be presented to the Commissioner for consideration by the Commonwealth Transportation Board for their approval or denial of the proposed restriction. 11. Following Commissioner or Board action the State Mobility Management Engineer will make all appropriate notifications. The residency will be requested to post appropriate signs if the restriction is approved 12. If a request is received to rescind or modify an existing "through truck" restriction these same procedures must be followed. -3- x Process to Restrict TV nigh Trucks on Primary and econdary Hight-, Local Governing Body (LGB) holds legally advertised public hearing. Public notices of hearing must describe route and alternate. Copy of adopted resolution with description of proposed TTR & suitable alternate must accompany request. Adopted resolution must include that LGB will use its good offices for enforcement of TTR by appropriate local law enforcement Incomplete documentation -request rejected Time from request to DA to action by Commissioner cannot exceed 9 months. - ys Local Hearing Copies of public notices [--Hearing transcript =Copypted resolution =Statement of local enforcement Documentation Documentation & request sent to Resident Enqineer Forwarded to District Administrator (DA) for review I Sent to State Mobility Management Engineer's (SMME) I office for study & evaluation DA requests public comments, advises CTB representative and returns with recommendation to SMME SMME reviews all materials & prepares report. Submits to Chief of System Operations (CSO) with recommendation For primaries, CSO sends recommendation to CTB CTB approves or denies restriction For secondaries, CSO recommends action to Commissioner Commissioner approves or denies restriction SMME notifies District District notifies LGB & posts signs if appropriate LIS > Code of Virginia > 46.2-P Page 1 of 1 previous I next § 46.2 -809. Regulation of truck traffic on primary and secondary highways. The Commonwealth Transportation Board, or its designee, in response to a formal request by a local governing body, after such body has held public hearings, may, after due notice and a proper hearing, prohibit or restrict the use by through traffic of any part of a primary or secondary highway if a reasonable alternate route is provided. The Board, or its designee, shall act upon any such formal request within nine months of its receipt, unless good cause is shown. Such restriction may apply to any truck or truck and trailer or semitrailer combination, except a pickup or panel truck, as may be necessary to promote the health, safety, and welfare of the citizens of the Commonwealth. Nothing in this section shall affect the validity of any city charter provision or city ordinance heretofore adopted. The provisions of this section shall not apply in (i) cities, (ii) any town which maintains its own system of streets, and (iii) in any county which owns, operates, and maintains its own system of roads and streets . (1973, c. 67, § 46.1-171.2; 1989, c. 727; 2003, c. 300.) previous I next I new search I table of contents I home file://C:\Documents and Settings\Warren C niintv\i ncal cert;„..o\T<,„,„ .., r�.._..�,_� r:i__ r„- LIS > Code of Virginia > 46.2-' 1 F § 46.2-100. Definitions. Page 1 of 8 previous I next The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section except in those instances where the context clearly indicates a different meaning: "All -terrain vehicle" means a three -wheeled or four -wheeled motor vehicle powered by a gasoline or diesel engine and generally characterized by large, low-pressure tires, a seat designed to be straddled by the operator, and handlebars for steering that is intended for off-road use by an individual rider on various types of unpaved terrain. The term does not include four -wheeled vehicles, commonly known as "go-carts," that have low centers of gravity and are typically used in racing on relatively level surfaces, nor does the term include any "utility vehicle" as defined in this section or any "farm utility vehicle" as defined in this section. "Antique motor vehicle" means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. "Antique trailer" means every trailer or semitrailer, as defined in this section, that was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. "Automobile or watercraft transporters" means any tractor truck, lowboy, vehicle, or combination, including vehicles or combinations that transport motor vehicles or watercraft on their power unit, designed and used exclusively for the transportation of motor vehicles or watercraft. "Bicycle" means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children's bicycles, except a toy vehicle intended for use by young children. For purposes of Chapter 8 (§ 46.2-800 et seq.) of this title, a bicycle shall be a vehicle while operated on the highway. "Bicycle lane" means that portion of a roadway designated by signs and/or pavement markings for the preferential use of bicycles, electric power -assisted bicycles, and mopeds. "Business district" means the territory contiguous to a highway where 75 percent or more of the property contiguous to a highway, on either side of the highway, for a distance of 300 feet or more along the highway, is occupied by land and buildings actually in use for business purposes. "Camping trailer" means every vehicle that has collapsible sides and contains sleeping quarters but may or may, not contain bathing and cooking facilities and is designed to be drawn by a motor vehicle. "Cancel" or "cancellation" means that the document or privilege cancelled has been annulled or terminated because of some error, defect, or ineligibility, but the cancellation is without prejudice and reapplication may be made at any time after cancellation. "Chauffeur" means every person employed for the principal purpose of driving a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property. LIS � Code of Virginia > 46.2-' 1 "Commission" means the State Corporation Commission. Page 2 of 8 "Commissioner" means the Commissioner of the Department of Motor Vehicles of the Commonwealth. "Crosswalk" means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. "Decal" means a device to be attached to a license plate that validates the license plate for a predetermined registration period. "Department" means the Department of Motor Vehicles of the Commonwealth. "Disabled parking license plate" means a license plate that displays the international symbol of access in the same size as the numbers and letters on the plate and in a color that contrasts with the background. "Disabled veteran" means a veteran who (i) has either lost, or lost the use of, a leg, arm, or hand; (ii) is blind; or (iii) is permanently and totally disabled as certified by the U.S. Veterans Administration. A veteran shall be considered blind if he has a permanent impairment of both eyes to the following extent: (i) central visual acuity of 20/200 or less in the better eye, with corrective lenses, or central visual acuity of more than 20/200, if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye. "Driver's license" means any license, including a commercial driver's license as defined in the Virginia Commercial Driver's License Act (§ 46,2-341.1 et seq.), issued under the laws of the Commonwealth authorizing the operation of a motor vehicle. "Electric personal assistive mobility device" means a self -balancing two-nontandem-wheeled device that is designed to transport only one person and powered by an electric propulsion system that limits the device's maximum speed to 15 miles per hour or less. For purposes of Chapter 8 of this title, an electric personal assistive mobility device shall be a vehicle when operated on a highway. "Electric power -assisted bicycle" means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than 1,000 watts that reduces the pedal effort required of the rider. For the purposes of Chapter 8 of this title, an electric power -assisted bicycle shall be a vehicle when operated on a highway. "Essential parts" means all integral parts and body parts, the removal, alteration, or substitution of which will tend to conceal the identity of a vehicle. "Farm tractor" means every motor vehicle designed and used as a farm, agricultural, or horticultural implement for drawing plows, mowing machines, and other farm, agricultural, or horticultural machinery and implements including self-propelled mowers designed and used for mowing lawns. "Farm utility vehicle" means a vehicle that is designed for off-road use and is used as a farm, agricultural, or horticultural service vehicle, generally having a gasoline or diesel engine, four or more LIS > Code of Virginia > 46.2-' Page 3 of 8 P. wheels, bench seating for the operator and a passenger, a steering wheel for control, and a cargo bed. "Farm utility vehicle" does not include pickup or panel trucks, golf carts, low -speed vehicles, riding lawn mowers, or all -terrain vehicles. "Federal safety requirements" means applicable provisions of 49 U.S.C. § 30101 et seq. and all administrative regulations and policies adopted pursuant thereto. "Financial responsibility" means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in § 46.2-472. "Foreign market vehicle" means any motor vehicle originally manufactured outside the United States, which was not manufactured in accordance with 49 U.S.C. § 30101 et seq. and the policies and regulations adopted pursuant to that Act, and for which a Virginia title or registration is sought. "Foreign vehicle" means every motor vehicle, trailer, or semitrailer that is brought into the Commonwealth otherwise than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in the Commonwealth. "Golf cart" means a self-propelled vehicle that is designed to transport persons playing golf and their equipment on a golf course. "Governing body" means the board of supervisors of a county, council of a city, or council of a town, as context may require. "Gross weight" means the aggregate weight of a vehicle or combination of vehicles and the load thereon. "Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth. "Intersection" means (i) the area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict; (ii) where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection, in the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection; or (iii) for purposes only of authorizing installation of traffic -control devices, every crossing of a highway or street at grade by a pedestrian crosswalk. "Law-enforcement officer" means any officer authorized to direct or regulate traffic or to make arrests for violations of this title or local ordinances authorized by law. For the purposes of access to law- enforcement databases regarding motor vehicle registration and ownership only, this term shall also LIS > Code of Virginia > 46.2. Page 4 of 8 include city and county commissioners of the revenue and treasurers, together with their duly designated deputies and employees, when such officials are actually engaged in the enforcement of §§ 46.2_-752, 46.2-753 and 46.2-754 and local ordinances enacted thereunder. "License plate" means a device containing letters, numerals, or a combination of both, attached to a motor` vehicle, trailer, or semitrailer to indicate that the vehicle is properly registered with the Department. "Light" means a device for producing illumination or the illumination produced by the device. "Low -speed vehicle" means any four -wheeled electrically -powered vehicle, except a motor vehicle or low -speed vehicle that is used exclusively for agricultural or horticultural purposes or a golf cart, whose maximum speed is greater than 20 miles per hour but not greater than 25 miles per hour and is manufactured to comply with safety standards contained in Title 49 of the Code of Federal Regulations, § 571.500. "Manufactured home" means a structure subject to federal regulation, transportable in one or more sections, which in the traveling mode is eight body feet or morin width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Moped" means every vehicle that travels on not more than three wheels in contact with the ground that has (i) a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground and (ii) a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters. For purposes of Chapter 8 (§ 46.2-800 et seq.) of this title, a moped shall be a vehicle while operated on a highway. "Motor -driven cycle" means every motorcycle that has a gasoline engine that (i) displaces less than 150 cubic centimeters; (ii) has a seat less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; and (iii) has no manufacturer -issued vehicle identification number. "Motor home" means every private motor vehicle with a normal seating capacity of not more than 10 persons, including the driver, designed primarily for use as living quarters for human beings. "Motor vehicle" means every vehicle as defined in this section that is self-propelled or designed for self - propulsion except as otherwise provided in this title. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle. For the purposes of this title, any device herein defined as a bicycle, electric personal assistive mobility device, electric power - assisted bicycle, or moped shall be deemed not to be a motor vehicle. "Motorcycle" means every motor vehicle designed to travel on not more than three wheels in contact with the ground and is capable of traveling at speeds in excess of 35 miles per hour. The term "motorcycle" does not include any "electric personal assistive mobility device," "electric power -assisted bicycle," "farm tractor," "golf cart," "moped," "motorized skateboard or scooter," "utility vehicle" or "wheelchair or wheelchair conveyance" as defined in this section. "Motorized skateboard or scooter" means every vehicle, regardless of the number of its wheels in LIS ? Code of Virginia > 46.2-' Page 5 of 8 contact with the ground, that (i) has no seat, but is designed to be stood upon by the operator, (ii) has no manufacturer -issued vehicle identification number, and (iii) is powered by an electric motor having an input of no more than 1,000 watts or a gasoline engine that displaces less than 36 cubic centimeters. The term "motorized skateboard or scooter" includes vehicles with or without handlebars, but does not include "electric personal assistive mobility devices." "Nonresident" means every person who is not domiciled in the Commonwealth, except: (i) any foreign corporation that is authorized to do business in the Commonwealth by the State Corporation Commission shall be a resident of the Commonwealth for the purpose of this title; in the case of corporations incorporated in the Commonwealth but doing business outside the Commonwealth, only such principal place of business or branches located within the Commonwealth shall be dealt with as residents of the Commonwealth; (ii) a person who becomes engaged in a gainful occupation in the Commonwealth for a period exceeding 60 days shall be a resident for the purposes of this title except for the purposes of Chapter 3 (§ 46.2-300 et seq.) of this title; (iii) a person, other than a nonresident student as defined in this section, who has actually resided in the Commonwealth for a period of six months, whether employed or not, or who has registered a motor vehicle, listing an address in the Commonwealth in the application for registration shall be deemed a resident for the purposes of this title, except for the purposes of the Virginia Commercial Driver's License Act (§ 46.27341.1 et seq.). "Nonresident student" means every nonresident person who is enrolled as a full-time student in an accredited institution of learning in the Commonwealth and who is not gainfully employed. "Off-road motorcycle" means every motorcycle designed exclusively for off-road use by an individual rider with not more than two wheels in contact with the ground. Except as otherwise provided in this chapter, for the purposes of this chapter off-road motorcycles shall be deemed to be "motorcycles." "Operation or use for rent or for hire, for the transportation of passengers, or as a property carrier for compensation," and "business of transporting persons or property" mean any owner or operator of any motor vehicle, trailer, or semitrailer operating over the highways in the Commonwealth who accepts or receives compensation for the service, directly or indirectly; but these terms do not mean a "truck lessor" as defined in this section and do not include persons or businesses that receive compensation for delivering a product that they themselves sell or produce, where a separate charge is made for delivery of the product or the cost of delivery is included in the sale price of the product, but where the person or business does not derive all or a substantial portion of its income from the transportation of persons or property except as part of a sales transaction. "Operator" or "driver" means every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle. "Owner" means a person who holds the legal title to a vehicle; however, if a vehicle is the subject of an agreement for its conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be the owner for the purpose of this title. In all such instances when the rent paid by the lessee includes charges for services of any nature or when the lease does not provide that title shall pass to the lessee on payment of the rent stipulated, the lessor shall be regarded as the owner of the vehicle, and the vehicle shall be subject to such requirements of this title as are applicable to vehicles operated for compensation. A "truck lessor" as defined in this section shall be regarded as the owner, and his vehicles shall be subject to such requirements of this title as are applicable to vehicles of private carriers. LIS > Code of Virginia > 46.2 Page 6 of 8 "Passenger car" means every motor vehicle other than a motorcycle designed and used primarily for the transportation of no more than 10 persons including the driver. "Payment device" means any credit card as defined in 15 U.S.C. § 1602(k) or any "accepted card or other means of access" set forth in 15 U.S.C. § 1693a(1). For the purposes of this title, this definition shall also include a card that enables a person to pay for transactions through the use of value stored on the card itself. "Pickup or panel truck" means every motor vehicle designed for the transportation of property and having a registered gross weight of 7,500 pounds or less. "Private road or driveway" means every way in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. "Reconstructed vehicle" means every vehicle of a type required to be registered under this title materially altered from its original construction by the removal, addition, or substitution of new or used essential parts. "Residence district" means the territory contiguous to a highway, not comprising a business district, where 75 percent or more of the property abutting such highway, on either side of the highway, for a distance of 300 feet or more along the highway consists of land improved for dwelling purposes, or is occupied by dwellings, or consists of land or buildings in use for business purposes, or consists of territory zoned residential or territory in residential subdivisions created under Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2. "Revoke" or "revocation" means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may include two or more roadways if divided by a physical barrier or barriers or an unpaved area. "Safety zone" means the area officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by plainly visible signs. "School bus" means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of the mentally or physically handicapped to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § 46.2-1090. A yellow school bus may have a white roof provided such vehicle is painted in accordance with regulations promulgated by the Department of Education. "Semitrailer" means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that sone part of its own weight and that of its own load rests on or is carried by another vehicle. "Shared -use path" means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of- �Nay. Shared -use paths may also be used by pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and other norimotorized users. LIS > Code of Virginia > 46.2-1 Page 7 of 8 "Shoulder" means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch. "Sidewalk" means the portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. "Snowmobile" means a self-propelled vehicle designed to travel on snow or ice, steered by skis or runners, and supported in whole or in part by one or more skis, belts, or cleats. "Specially constructed vehicle" means any vehicle that was not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not a reconstructed vehicle as herein defined. "Stinger -steered automobile or watercraft transporter" means an automobile or watercraft transporter configured as a semitrailer combination wherein the fifth wheel is located on a drop frame behind and below the rearmost axle of the power unit. "Superintendent" means the Superintendent of the Department of State Police of the Commonwealth. "Suspend" or "suspension" means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. "Tow truck" means a motor vehicle for hire (i) designed to lift, pull, or carry another vehicle by means of a hoist or other mechanical apparatus and (ii) having a manufacturer's gross vehicle weight rating of at least 10,000 pounds. "Tow truck" also includes vehicles designed with a ramp on wheels and a hydraulic lift with a capacity to haul or tow another vehicle, commonly referred to as "rollbacks." "Tow truck" does not include any "automobile or watercraft transporter," "stinger -steered automobile or watercraft transporter," or "tractor truck" as those terms are defined in this section. "Towing and recovery operator" means a person engaged in the business of (i) removing disabled vehicles, parts of vehicles, their cargoes, and other objects to facilities for repair or safekeeping and (ii) restoring to the highway or other location where they either can be operated or removed to other locations for repair or safekeeping vehicles that have come to rest in places where they cannot be operated. "Tractor truck" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. "Traffic infraction" means a violation of law punishable as provided in § 46.2-113, which is neither a felony nor a misdemeanor. "Traffic lane" or "lane" means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles. "Trailer" means every vehicle without motive power designed for carrying property or passengers wholly on its own stricture and for being drawn by a motor vehicle, including manufactured homes. "Truck" means every motor vehicle designed to transport property on its own structure independent of LIS > Code of Virginia > 46.2-+, Page 8 of 8 €< any other vehicle and having a registered gross weight in excess of 7,500 pounds. "Truck lessor" means a person who holds the legal title to any motor vehicle, trailer, or semitrailer that is the subject of a bona fide written lease for a term of one year or more to another person, provided that: ('i) neither the lessor nor the lessee is a common carrier by motor vehicle or restricted common carrier by motor vehicle or contract carrier by motor vehicle as defined in § 46.2-2000; (ii) the leased motor vehicle, trailer, or semitrailer is used exclusively for the transportation of property of the lessee; (iii) the lessor is not employed in any capacity by the lessee; (iv) the operator of the leased motor vehicle is a bona fide employee of the lessee and is not employed in any capacity by the lessor; and (v) a true copy of the lease, verified by affidavit of the lessor, is filed with the Commissioner. "Utility vehicle" means a motor vehicle that is (i) designed for off-road use, (ii) powered by an engine of no more than 25 horsepower, and (iii) used for general maintenance, security, agricultural, or horticultural purposes. "Utility vehicle" does not include all -terrain vehicles as defined in this section, riding lawn mowers, or any other vehicle whose definition is included in this section. "Vehicle" means every device in, on or by which any person or property is or may be transported or drawn on a highway, except devices moved by human power or used exclusively on stationary rails or tracks. For the purposes of Chapter 8 (§ 46.2-800 et seq.) of this title, bicycles, electric personal assistive mobility devices, electric power -assisted bicycles, and mopeds shall be vehicles while operated on a highway. "Wheel chair or wheel chair conveyance" means a chair or seat equipped with wheels, typically used to provide mobility for persons who, by reason of physical disability, are otherwise unable to move about as pedestrians. The term includes both three -wheeled and four -wheeled devices. So long as it is operated only as provided in § 46.2-677, a self-propelled wheel chair or self-propelled wheel chair conveyance shall not be considered a motor vehicle. (Code 1950, §§ 46-1, 46-169, 46-185, 46-186, 46-343; 1954, c. 59; 1958, cc. 501, 541, §§ 46.1-1, 46.1- 161; 1964, c. 618; 1966, c. 643; 1968, cc. 285, 641, 653, 685; 1972, cc. 433, 609; 1974, c. 347; 1975, cc. 382. 426; 1976, c. 372; 1977, cc. 252, 585; 1978, cc. 36, 550, 605; 1979, c. 100; 1980, c. 51; 1981, c. 585; 1983, c. 386; 1984, cc. 404, 780; 1985, c. 447; 1986, cc. 72, 613; 1987, c. 151; 1988, cc. 107, 452, 865; 1989, cc. 645, 705, 727; 1990, cc. 45, 418; 1992, c. 98; 1993, c. 133; 1994, c. 866; 1996, cc. 943, 994; 1997, cc. 9, 186, 486, 783, 904; 1998, c. 888; 1999, cc. 67, 77; 2001, c. 834; 2002, cc. 214, 234, 254; 2003, cc. 29, 46; 2004, cc. 746, 796; 2005, cc. 310, 928; 2006, cc. 529, 538, 540, 874, 891, 896.) previous I next I new search I table of contents I home Leg Route 277 (Fairfax Pike) Alternative: 15.4 miles 0.5 X06 amend N W# Roads Route 277 Alternative ■ i Proposed Warren County Truck Restriction E Route 55 (Strasburg Road) Alternative: 18.6 miles Warren qUr r- Route 55 Alternative ■ 1 ■ ■ 1 Proposed Frederick County Truck Restriction S C • • Item 5: Article Review Los Angeles Times: U.S. highway trust fund veers toward crisis Pagel of 3 �es pini http://w-Nvw.Iatimes.com/hlews:/nationworld/iiation/la-na-highway2 l-2008jul21,0.512955.stor_y From the Los Angeles Times U.S. highway trust fund veers toward crisis Count it among the victims of rising gas prices. Billions of dollars in road projects are at risk. By Richard Simon Los Angeles Times Staff Writer July 21, 2008 WASHINGTON — Soaring gasoline prices are hurting Uncle Sam in the wallet too. As motorists cut back on their driving and buy more fuel-efficient cars, the government is taking in less money from the federal gasoline tax. The result: The principal source of funding for highway projects will soon hit a big financial pothole. The federal highway trust fund could be in the red by $3.2 billion or more next year. The fund, set to finance about $40 billion in transportation projects next year, is increasingly strained. And the problem has taken on greater urgency as lawmakers face a backlog of projects to maintain the nation's aging interstate highway system and ease traffic congestion. "The situation has only been exacerbated by rising fuel prices, which are causing motorists to drive less and resulting in less revenue for transportation improvements," said David Bauer, senior vice president for government relations at the American Road and Transportation Builders Assn. California risks losing $930 million, or about a third of its federal highway allotment, Caltrans Director Will Kempton said in a letter to the state's congressional delegation. Kempton warned that unless Washington acted to address the shortfall, projects could be delayed, reduced or canceled. In the short run, lawmakers are scrambling to figure out how to close the gap. Federal highway spending nationwide could be cut by a third beginning Oct. 1, according to the American Road and Transportation Builders Assn. "The condition of the highway trust fund has been deteriorating for years, but skyrocketing gas prices have made an already dire situation worse," said Sen. Patty Murray (D -Wash.), head of the Senate transportation appropriations subcommittee. "We are now less than a year away from a bankrupt trust fund, which would leave critical construction projects in peril." In the long run, lawmakers must figure out whether the 18.4 -cent -a -gallon federal gasoline tax, which helped bring in money when fuel -hungry SUVs were hot, is still a viable way to fund transportation projects amid heightened concern about gasoline prices, U.S. dependence on foreign oil and global warming. http://www.latimes.com/newslnationworld/nation/la-na-highway2l-2008jul21,0,2558479,... 7/21/2008 Los Angeles Times: U.S. highway trust fund veers toward crisis Page 2 of 3 The federal gasoline tax is tied to every gallon sold, not every dollar spent, so federal gas tax revenue goes up only if consumption increases. This year, consumption is projected to drop for the first time since 1991. Vehicle miles traveled on the nation's roads are trending downward for the first time since the oil shocks of the late 1970s and early 1980s, according to the Cambridge Energy Research Associates consulting firm. Highway trust fund receipts were down more than $2 billion through May compared with the same period a year ago, a Treasury Department report said. The shortfall was projected at $3.2 billion this year, but it is expected to be higher when the White House budget office issues a revised estimate this month. The shortfall was a major reason that Republican presidential candidate John McCain's proposal for a gas tax holiday to ease the public's pain at the pump faced bipartisan congressional resistance. At the same time, California officials project a decline in revenue from the state's 18 -cent -per - gallon gasoline tax -- about $62 million less for transportation projects in 2008-09 from the record high of $2.842 billion in 2006-07. But the state is expected to take in an additional $455 million in the new fiscal year because of a sales tax on gasoline that brings in more money as prices rise. The federal highway trust fund faced problems even before the run-up in gas prices because of higher costs for asphalt, concrete and steel. But its condition has been "exacerbated by the high price of fuel and people changing their driving habits," said Stephen E. Sandherr, chief executive officer of the Associated General Contractors of America. Lawmakers from both parties are eager to find a way to fund politically popular transportation projects. But one possible solution -- an increase in the gas tax, which was last raised in 1993 -- is considered unrealistic in an election year. A proposal to shift $8 billion from the general fund to the highway trust fund has considerable support in the Senate. But it faces opposition from a number of Republicans who say it would trade one problem for another by deepening the federal budget deficit. Reps. Jerry Lewis of Redlands and Paul D. Ryan of Wisconsin, the top Republicans on the House Appropriations and Budget committees, respectively, said in a statement that the transfer "would do nothing to solve the fundamental problems with the trust fund, leading the way for further massive spending down the road when the funding runs out again." President Bush proposed shifting cash from mass transit to highways, which ran into opposition in Congress because commuters are increasingly turning to bus and rail lines because gas costs too much. But Murray said: "Without a fix soon, we could face having to cut all federal highway funds by a third simply to keep the trust fund solvent. That is the last thing we should be doing when infrastructure needs are up, construction jobs are down and Americans are struggling through tough economic times." http://www.latimes.cominews✓nationworld/nation/la-na-highway2l-2008ju121,0,2558479,... 7/21/2008 Bird Lovers Lose Appeal to Delay Beltway Widening in Annandale Pagel of 3 Bird Lovers Lose Appeal to Delay Beltway Widening in Annandale By Ben Hubbard Washington Post Staff Writer Thursday, July 17, 2008; B05 A group of bird lovers failed to delay the most recent step in Virginia's vast Interstate 495 expansion, despite a letter to the state's transportation secretary warning that the project would disrupt the habitat of a number of barn swallows and a blue -gray gnatcatcher. The letter, signed by members of the Sierra Club, the National Audubon Society and others, called on Transportation Secretary Pierce R. Homer to "take immediate action to halt construction on the I-495 HOT lanes project," saying that clearing vegetation near Little River Turnpike (Route 236) and I-495 in Annandale could violate the Migratory Bird Treaty Act. _ .10,e mar), Homer did not respond to a request for comment. The clearing in question is a preliminary step in the Transportation Department's $1.4 million project to add two high -occupancy toll, or HOT, lanes in each direction of the Capital Beltway between Springfield and Georgetown Pike. The project, a joint venture between VDOT and the private road builder Fluor-Transurban, has long been a priority of local and state officials to ease congestion on the eight -lane Beltway. Despite the bird lovers' appeal, a large tractor began clearing the site yesterday morning, knocking down trees and tearing out bushes. Amy Gould, one of the letter's signatories, said the bridge that forms part of the exit ramp from I-495 southbound onto the Little River Turnpike eastbound hosts about five active barn swallow nests. "We have a very large, rich bird population in this area," she said, "much richer than most people would have guessed." Gould and others concerned about local bird populations met with VDOT last month to discuss the issue, she said. It was decided that a naturalist from the Audubon Society would survey bird populations at the proposed clearing sites and propose the order in which they should be cleared. The report, written by Audubon Society naturalist Elaine Franklin, found that the sites slated for clearing near the Little River Turnpike were the second -most "critical" of the sites surveyed, being home to "several pairs of breeding barn swallows" and 19 other species. "If any of these areas are cleared now," the report says, "current nests are doomed to fail as the nestlings will likely starve to death." It also noted that noisy equipment could cause adult birds to abandon their http://www.washingtonpost.comlwp-dynlcontentlarticle/2008/07/ l 6lAR2008071602889_p... 7/21/2008 Bird Lovers Lose Appeal to Delay Beltway Widening in Annandale Page 2 of 3 young. Gould said the three-page report was given to VDOT, and the meeting left her with the impression that its findings would be considered. Thus the bird lovers' dismay this week, when VDOT announced it would begin clearing the sites. Gould and others who signed the letter said they did not intend to stop the project but wanted it delayed for three weeks so fledglings in the nests could grow enough to fly on their own. "Three more weeks would have got us what we needed," she said. VDOT spokesman Steve Titunik said the site at the Little River Turnpike is one of about 10 being cleared in preparation for construction. The sites will be used for vehicles and to store construction materials. Titunik said he was not aware of the meeting last month, the bird survey or the letter requesting that work at the site be delayed. "I'm not saying that it doesn't exist," he said, "but at some point, we have to rub it up against the permits that we have." He added that an official from the U.S. Fish and Wildlife Service had visited the site and found that the work plan did not violate the Migratory Bird Act. As for the birds nesting near the site, Titunik said the tractor never came closer than 50 feet from the barn swallows. "The birds are closer to the Beltway than our equipment is," he said, "and if you go out there and try to evaluate for noise, you'd find that the noise from the Beltway is greater than the noise from the equipment." During the day, Titunik said, the crew avoided a sycamore tree when bird enthusiasts alerted the crew to a nest in its branches. "So we have made accommodations where we can," he said, adding that the tree will be removed in the next month. As for the request to delay work for three weeks, Titunik said that VDOT's contracts would not permit it. "If we could do it, we would do it," he said. "And to help wildlife, why not?" View all comments that have been posted about this article. Post a Comment View all comments that have been posted aboui this article. http://www.washingtonpost.comlwp-dyn/content/article/2008/07/ l 6lAR2008071602889_p... 7/21/2008 TREES IN INTERSTATE 95 MEDIAN WILL GIVE WAY TO HOT LANES Page 1 of 2 Print this Page Return to story TREES IN INTERSTATE 95 MEDIAN WILL GIVE WAY TO OT CARTES July 17, 2008 12:15 am By KELLY HANNON Around mile -marker 152, the asphalt in the median of Interstate 95 gives way to lush, dense trees. The trees separate northbound and southbound traffic from Dumfries to Fredericksburg, with open grassy areas in a few breaks. The trees are the demarcation line between the Fredericksburg area and Northern Virginia, where the I- 95 High Occupancy Vehicle lanes begin. The greenery could disappear when High Occupancy Toll lanes are built from Prince William to Spotsylvania. Conceptual design plans call for two reversible HOT lanes to be built in the median of I-95. The lanes will be used by vehicles carrying three occupants or more, or toll -paying solo drivers. The elimination of trees near the Capitol Beltway toll lane project recently got attention in Fairfax County, where residents feared that the leafy buffer between them and the highway was evaporating. On the Beltway, a public-private project between the Virginia Department of Transportation, Fluor Inc. and Transurban USA recently removed trees for construction staging areas along the Beltway. Interstate 495 does not have a wide median, so two new traffic lanes must be built on the outside of the highway in each direction, removing some trees in the right-of-way. VDOT learned lessons from its tree -removal experience on the Beltway, said Mary Myers, public affairs manager for VDOT's MegaProjects. "If trees are going to be removed for a staging area, there should be more notice and outreach to the public," Meyer said. VDOT is working with residents to remove as few trees as possible along the Beltway toll lane construction zone, Meyer said. However, since the I-95 project is still under environmental review, the design has not been finalized, http://f`redericksburg.comINewsIFLS/2008/072008/07172008/3950041printer_friendly 7/21/2008 TREES IN INTERSTATE 95 MEDIAN WILL GIVE WAY TO HOT LANES Page 2 of 2 and officials could not comment on when and where trees would be removed in the Fredericksburg area. When Interstate 95 opened in the Fredericksburg area in 1964, many of the trees in the median were already growing there. Harry Lee, VDOT assistant district administrator for the Fredericksburg District, worked on the I-95 project when he first arrived at the agency. "We only cleared what we needed to build the roadway," Lee said, "and if there were trees in the median, they remained." Public hearings on the I-95/395 project will be held in the Fredericksburg area in December or January, Meyer said. Exact dates have not been set. Kelly Hannon: 540/374-5436 Email: khannon freelancestar.com Copyright 2008 The Free Lance -Star Publishing Company. http://fredericksburg.com/NewsIFLS/2008/072008/07172008/3950041printer_friendly 7/21/2008 CBS 6 - WTVR, Richmond Va - Don't Run Those Tolls Don't Run Those Tolls Posted: July 15, 2008 06:53 PM EDT Updated: July 17, 2008 04:33 PM EDT Page 1 of 1 <<Back If you don't pay now, you'll pay even more later. VDOT says drivers are no longer getting away with not paying at the tolls. And a handful of violations could end up costing you thousands of dollars, but that's not all. VDOT says drivers running their toll booths has cost the state more than a million dollars. But technology is now helping catch those who zip by illegally. And just ignoring their letters isn't going to make the problem go away. "We have seen people who have incurred penalties totaling as much as $21,000 dollars," says Deborah Brown, VDOT Director of Innovative Finance. Paying the 50 cents each time would have been a lot cheaper for that driver. VDOT says they're cracking down on those who run their toll booths and using camera's. They're sending out notices to those who take a second free trip through the toll plaza. "The second violation we send you a notice. Ask you to pay both tolls, plus a $25 dollar administrative fee." And not paying here adds up if you keep going. "If you have more than 4 violations, those fines accelerate pretty rapidly." A Chesterfield driver is finding that out the hard way. "I believe there is one young lady who has about 21 violations and that has resulted in the fines accelerating to the neighborhood of 7 to 9 thousand dollars," says Brown. VDOT says only about two percent of drivers are trying to buck the system. And they say not everyone who gets a notice has to pay. "To date, we've received over 36,000 disputes in response to the violations notices people have received and we have dismissed 90 percent of those violations. We really do work with people." VDOT says the easiest way to stay out of trouble is to get an E-ZPass. It's quick and simple and the lanes move faster. They also say if you get a notice in the mail, it's a lot cheaper to take care of it instead of trying to ignore it. to '14YO11111431Y All content © Copyright 2000 - 2008 WorldNow and CBS 6, a Raycom Media station. All Rights Reserved. For more information on this site, please read our Priv_acy_F licy and Terms of Service. htip://www.wtvr.com/global/story.asp?s=8680773&ClientType=Printable 7/21/2008 NBC29-Construction Ahead: 1-81 Repaving Construction Ahead: I-81 Repaving Posted: July 15, 2008 09:47 AM EDT Updated: July 15, 2008 10:29 AM EDT Page 1 of 1 «Back Drivers on Interstate 81 northbound can some expect night time traffic delays near the Augusta and Rockingham county line. But VDOT promises to reward your patience with a four mile stretch of more durable pavement. Drivers on I-81 can expect up to three miles worth of backups especially on Monday through Thursday nights in northern Augusta county and southern Rockingham. VDOT says the improvements will be worth the wait. Workers from Adams Construction are tearing up the top two inches of asphalt and replacing with a newer mix called stone matrix. VDOT construction engineer Ben Lineberry said, "It provides a lot more durability, a lot more strength when it comes to large tractor trailers like these going by us. Our old asphalt would give us anywhere from seven to eight years of life. This new stone matrix asphalt gives us anywhere from 10 to 12 years." Crews are working four days a week from 7:00 in the evening to 7:00 in the morning to minimize backups and improve safety for workers. Even so, laboring in the dark just a few feet from traffic means they, and you, need to pay close attention. Lineberry stated, "You'll see most of the contractors; they'll have red flashing lights on the back of their helmets. This is our office, and we ask people to slow down, be courteous and try to give us the space that we need to get our jobs done." Contractors say one thing that is making their jobs a whole lot safer is state police presence. Troopers are manning the paving operation all 12 hours that crews are working every night. The re -paving project will cost about $2 million and is estimated to be finished no later than August 29. Reported by Ken Slack See Bio / Email #6 Vybridf+—ter All content © Copyright 2000 - 2008 WorldNow and WVIR. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service. http://www.nbc29.com/global/story.asp?s=8676759&ClientType=Printable 7/21/2008 Legislation would bring millions more for roads Page 1 of 1 i g ra Y- �. +r Bluefield -Princeton �,� i'cst Virginia a fnr iy�ec�c Local Iutm Legislation would bring millions more for roads By CHARLES OWENS Bluefield Daily Telegraph July 14, 2008 09:11 pm --- BLUEFIELD — Legislation earmarking another $10 million in federal funds for the King Coal Highway and the Coalfields Expressway has cleared the Senate Appropriations Committee, according to U.S. Sen. Robert C. Byrd, D-W.Va. In all, the legislation includes more than $41 million for highway construction in West Virginia, including $5 million for the King Coal Highway in Mercer County and $5 million for the Coalfields Expressway in McDowell, Wyoming and Raleigh counties. "Unfortunately, the president has not made a priority of roadways and infrastructure needs here at home," Byrd said in a press release. "I have worked to secure funding for these important road projects because I know that they will contribute to new economic development in our state, while providing safer travel for local residents and visitors. As chairman of the Senate Appropriations Committee, I remain committed to ensuring that the Mountain State has safe, efficient, and modern highways and roads." The legislation now moves to the full Senate, Byrd spokesman John Bray said. Bray said President Bush has threatened to veto the legislation, but said Byrd has vowed to fight for the bill. The legislation also includes $4.5 million to support West Virginia airports. King Coal Highway Executive Director Mike Mitchem said the $5 million included in the bill is new money for the local Interstate 73/74 corridor. Mitchem said the funding could be used to help continue construction of the King Coal Highway in Bluefield toward Stoney Ridge and the site of the multi- purpose equestrian park project for Mercer County. "We would also like to get closer to the federal prison site in Welch," Mitchem said. Mitchem said the funding also could be used to continue construction of the King Coal Highway in Wayne County. An 11 mile segment of the roadway is nearing completion in Mingo County. "Hopefully, it will be passed by the full Senate and House," Mitchem said. "This would give us a total of $9.9 million in new funding all together." Bray said the $4.5 million added by Byrd for West Virginia airports doesn't identify specific airports. Once the funding is enacted, Bray said airports in the state would have to apply for the funds. – Contact Charles Owens at cowens@bdtonline.com Copyright O 1999-2008 cnhi, inc. http://www.bdtonline.comllocal/local_story_196211138.html/resources_printstory 7/21/2008 Byrd steers funding toward W.Va. roadways Page 1 of 1 Byrd steers funding toward W.Va. roadways Mannix Porterfield Register -Herald Reporter July 14, 2008 10:52 pm The Fd) Me Tribune — Flexing his muscle as chairman of the Senate Appropriations Committee, Sen. Robert C. Byrd steered $41.5 million Monday toward critical road projects in his home state of West Virginia, among them King Coal Highway and the Coalfields Expressway. While $4 -plus -a -gallon gas is threatening to deny highway taxes, West Virginia officials repeatedly have vowed to put up the state's 20 percent match on all federal projects in which Washington is paying the lion's share. Although gas has risen sharply since last summer, so far, the driving habits of West Virginians have appeared to have changed little, based on the revenues collected by the Department of Transportation. DOT Secretary Paul Mattox pointed out only last Friday that revenues ran only $1.6 million below estimates of the Manchin administration for the just -ended fiscal year. Byrd said his panel also added another $4.5 million for the support of airports across West Virginia. In the committee -approved bill, the Coalfields Expressway, running through Raleigh, Wyoming and McDowell counties, and King Coal Highway in Mercer County would get like amounts of $5 million. Byrd also set aside $10 million for Corridor H in the eastern portion of the state, $7 million for W.Va. 9 in the Eastern Panhandle, $5 million apiece to perform slide repair work along U.S. 60 in eastern Kanawha County and for W.Va. 10 in Logan County, $2 million for the Kanawha Trestle Rails -to -Trails project in Charleston, $1.5 million for improvements to Potomac Street in Harpers Ferry, and $1 million for roadway development and supporting infrastructure at the Elkins railyard projects. Now that work has been completed on all other corridors, Byrd said the state could focus on Corridor H with the additional funding. "There is much work to be done," the Democratic senator said. "Corridor H is a critically important undertaking for West Virginia, and I am committed to seeing it through." Byrd said the additional road money would create new jobs, relieve congestion and provide the motoring public with a safer ride. "Unfortunately, the president has not made a priority of roadways and infrastructure needs here at home," the senator added. — E-mail: mannix@register-herald.com Copyright © 1999-2008 cnhi, inc. http://www.register-herald.com/local/local_story_196225255.html/resources_printstory 7/21/2008 C • • Item 6: Other