§ 1393 - Limits in incorporated villages and cities - Vermont Statutes

§ 1393. Limits in incorporated villages and cities

(a) On all highways in an incorporated village or city the legal load shall be as prescribed for the state highway system, unless otherwise restricted and posted by the local authorities, as provided in this subchapter. With the approval of the secretary of transportation, the selectboard of a town may designate any highway in the town to carry the same legal load as specified in section 1392 of this title for state highways. When a certain highway has been approved by the secretary as to the legal load limit, then the secretary shall have the highway posted for the legal load limit. Notwithstanding the provisions of this chapter, state highway weight limits as specified in section 1392 of this title shall apply to class 1 town highways; however, when the legislative body of a municipality requests in writing, the secretary of transportation may set the weight limit on a class 1 town highway at less than the state highway limit under section 1392 of this title, if a reasonable alternative route is available for those vehicles traveling at the state highway limit.

(b) In making the determination as to whether a reasonable alternative route is available, the secretary of transportation shall, at a minimum, consider the following factors:

(1) Whether the alternative routing will reduce or relieve traffic congestion in a downtown area.

(2) Whether the alternative routing will enhance safety.

(3) The length of the alternative route, and any increase in time made necessary by use of the alternative route.

(4) Whether an adverse effect has been created relative to the quiet enjoyment and property values of people living along the alternative route.

(c) Any decision of the secretary made under this section may be appealed, in writing, to the transportation board within 30 days of the secretary's decision. The transportation board shall decide the question within 45 days of receipt of the appeal, and may take evidence or testimony. (Amended 1991, No. 214 (Adj. Sess.), § 3, eff. May 27, 1992; 1993, No. 186 (Adj. Sess.), § 2; 1995, No. 119 (Adj. Sess.), § 7.)