§ 56-5-4075 — Promulgation of regulations; cooperation with United States Government; petition for removal of federally designated highway.

The Department of Public Safety and the Department of Transportation may promulgate regulations as necessary to implement the provisions of this article. Regulations may be promulgated to make designations as are necessary to provide for those vehicles which operate on the National System of Interstate and Defense Highways and "other qualifying highways" pursuant to Sections 56-5-4030 and 56-5-4070 reasonable access to: (a) terminals, facilities for food, fuel, repairs, and rest; (b) points of loading and unloading for household goods carriers and auto transporters; and (c) specific industrial, commercial, warehousing, and similar sites, only after consulting with and considering the views of the local governments through whose jurisdictions such specific site access would pass. The Department of Transportation may cooperate with the United States Government by providing information to accomplish uniformity in designating "other qualifying highways". The information may only be provided after safety and operational requirements of the citizens of this State have been studied by the Department of Transportation. Any proposals by the Department of Transportation to add highways, other than those provided for in (a), (b), and (c) of this section, to the network of "qualifying highways" designated by the U. S. Secretary of Transportation must be approved by the General Assembly before they become effective. The Governor may petition the Secretary of Transportation of the United States to remove any highway federally designated under the Surface Transportation Assistance Act of 1982 [49 USCS Appx Sections 2301 et seq.], as amended by Congress, and not considered safe.

Legislative History

HISTORY: 1986 Act No. 373, SECTION 4; 1989 Act No. 167, SECTION 3; 1993 Act No. 181, SECTION 1431; 1996 Act No. 459, SECTION 190.