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Department of Transportation, Motor Vehicles, Twin Trailers, Access to Terminals

January 4, 1988

Subject:

Department of Transportation, Motor Vehicles, Twin Trailers, Access to Terminals

Requested By:

Mr. James E. Harrington Secretary of Transportation

Questions:

  1. Are Twin Trailers authorized to use shortcuts between routes on the National Twin Trailer System routes on which a terminal is not located?

  2. May the Department of Transportation by regulation designate, or authorize the use of, such a shortcut route between routes on the National Twin Trailer Network, as an access route for use by Twin Trailers?

Conclusions:

  1. No.

  2. No.

The North Caroline Trucking Association requested the Drivers and Owners Committee of the Board of Transportation for the authority of the Department to restrict access for "twin trailers" between terminals and National Twin Trailer Network, and the procedure to be followed to

restrict access. Except as provided by 1. G.S. 20-115.1, twin trailers are prohibited from all public highways of the State. G.S. 20-116(e). G.S. 20-115.1 authorizes "twin trailers" to travel on the National Twin Trailer System, which consists of the interstate highways and other highways designated by the U.S. Secretary of Transportation. (Additional routes for use by twin trailers may be designated by the North Carolina Department of Transportation pursuant to G.S. 20-1151(g).)

Twin trailers are permitted "reasonable access" between terminals and the National Twin Trailer System. (The Legislature determined three miles between the National Twin Trailer System and facilities for food, fuel, repairs and rest, as reasonable access. It made no determination for terminals). The Department of Transportation is authorized by G.S. 20-115.1(f) to promulgate rules and regulations providing for reasonable access between terminals and the National Twin Trailer System. No regulations have been adopted by the Department. Thus, since the passage of the 1982 Surface Transportation Act by Congress which authorized the Twin Trailer Network, the North Carolina Department of Transportation has not by regulation restricted access by twin trailers between the National Network and terminals.

The request for the opinion arises out of a request of Carolina Freight Company (located in Cherryville) and the North Carolina Trucking Association, to the Department of Transportation to designate a specific route as an "access route" to and from the Carolina Freight terminal in Cherryville, or to adopt regulations which would authorize the use of the proposed route by twin trailers. Carolina Freight is located at Cherryville approximately 12 miles north of interchanges on I-85, in the vicinity of Kings Mountain and Dallas, approximately 34 miles west of the interchange at I-77 in the vicinity of Mooresville, and approximately 29 miles south of I-40 in the vicinity of Conover. All interstate routes are on the National Twin Trailer System. The Department has not restricted access to the National System of those interchanges. The route requested to be designated as an access route to I-85 is N.C. 150 east of I-77, (the terminal is west of I-77) between I-77 and Mooresville and continuing with N.C. 152 from Mooresville to the I-85 interchange at China Grove. The China Grove interchange on I-85 (to the east of I-77) along the route sought to be designated as an access route to I-85 is approximately 54 miles from Cherryville, while there are more direct access points on I-85 at interchanges south of Cherryville approximately 12 miles distance from Cherryville.

The specific question deals with the right of twin trailers to use the proposed route and the authority of the Department of Transportation to designate or authorize the use of such routes as access routes by twin trailers. The route requested to be designated as an access route connects two routes of the National Twin Trailer Network on which no terminal is located. The basic question involves (1) the requirement of federal law as it relates to "reasonable access" by twin trailers between terminals and the National Twin Trailer System and (2) the extent of authorization for such access grantd under state law.

Federal requirement of reasonable access. The federal law, (49 USC 2312) Section 412 of the Surface Transportation Assistance Act of 1982 provides:

"No state may . . . enforce any laws denying reasonable access to . . . (twin trailers, etc.) between

(1) the Interstate and Defense Highway System . . . (and other designated highways) . . . and (2) terminals, . . . ."

The Senate Report of June 6, 1984 on the Tandum Truck Safety Act of 1984 contained the following: "The STAA requires the states not deny reasonable access (to twin trailers) between the national highway network and terminals, . . . ." p. 4.

The Code of Federal Regulations promulgated April 1, 1985, 23 CFR 658.19 provides that "(a) All states must allow vehicles with dimensions authorized by the STAA (twin trailers) reasonable access between the national network . . . and terminals, . . . . (b) All states must make available to commercial motor vehicle opeators information regarding their reasonable access provisions to and from the National Network." The intent of the federal law and regulations is clear as to the "reasonable access" requirement to and from terminals and the National Network. Reasonable access is required "between the terminal and the National Network."

As it relates to terminals, the federal access requirements are not applicable except between terminals and the Twin Trailer Network. Short cuts between routes on the National Twin Trailer System on which a terminal is not located as is proposed are not included within the federal "access" requirement. The Chief Counsel’s Office in Washington for the Federal Highway Administration concurs in this.

State requirements of reasonable access. The General Assembly of North Carolina enacted conforming legislation on July 21, 1983. Chapter 898, 1983 Session Laws. The caption of the Act is: "AN ACT TO LIMIT THE OPERATION IN NORTH CAROLINA OF TRUCKS WITH TWO TRAILERS AND INCREASED LENGTHS AND WIDTHS MANDATED BY FEDERAL LAW AND TO CONFORM THE NORTH CAROLINA LAW TO FEDERAL REQUIREMENTS."

The North Carolina legislation in providing for "reasonable access" between terminals and the National System tracks the Federal requirement of Section 412 of the 1982 STAA. G.S. 20115.1(f) provides that "twin trailers . . . shall have reasonable access between (1) highways on the Interstate System (and other designated highways), and (2) terminals . . . ." It further provides for the Department to "promulgate rules and regulations providing for reasonable access. The purpose of the North Carolina law is as the caption of Chapter 898, 1983 Session Laws indicates, to conform to the requirements of the federal law. We believe the Legislature intended that "reasonable access" to and from terminals to be the same as the requirement of the Federal Act as construed by the U.S. Senate report, Federal Regulations and the Chief Counsel’s Office for the Federal Highway Administration. As it relates to access between terminals and the National Network, there was no intent to broaden the definition of the term "reasonable access" as used in the federal law nor to exceed the federal requirements for access to and from terminals. Therefore, this office is of the opinion that any regulations of "reasonable access" are authorized to apply only between terminals and the system and not to routes from terminals after they cross or enter the system. The North Carolina Legislature made no provision for short cut routes between the routes on the National Twin Trailer Network to be designated "access routes" in order to provide a more direct routing by twin trailers to the destination. Twin trailers are not authorized, under the "reasonable access provision", to take short cuts between routes on the designated system for the purpose of a more direct route to the destination, nor is the Department authorized to designate such routes or otherwise authorize the use of such routes as access routes.

However, the Legislature authorized the Department of Transportation to designate additional highways to be used the same as those on the National Twin Trailer System. G. S. 20-115.1(g). This designation can only be done in accordance with the statute, i.e after a determination of public convenience and need, a safety study, a public hearing, and the concurrence of any municipalities through which the proposed route may pass. The provisions of the statute for additions to the National Twin Trailer System are mandatory and they cannot be circumvented by designating as an "access route" a short cut route between routes on the National Network on which no originating or destination terminal is located.

Two cases are cited by Carolina Freight for the proposition that the use of the route in question as an access route cannot be denied except for safety reasons. However, these cases do not appear to be relevant to the question presented here, as in each case, access between the terminal and the National System was severly restricted. As it has already been indicated, North Carolina has no regulations restricting access between the National System and terminal.

A survey of the states surrounding North Carolina indicates that access routes between the terminals and the National Twin Trailer System is limited to one-half mile in Virginia, one mile in Georgia, and three miles in South Carolina, two miles in Kentucky, and five miles in West Virginia, while none of these states permit short cuts between routes on the National Network to be designated as access routes as is proposed here. The survey does indicate that Tennessee has apparently no policy with reference to the access question. In view of the concern of the surrounding states for safety and the restriction placed by these states on access between terminals and the National Network, and the failure of the North Carolina Department of Transportation to regulate access, it is difficult to understand the Association’s and Carolina Freight’s position that the Department has unreasonably restricted access.

The question as to "short cuts" between routes on the National System was not involved in the cases cited. However, they do indicate that the "exposure" is a criteria to be considered in limiting access. Consolidated Freight v. Larson, 647 F Supp. 1479 (1986). The court clearly indicates that the federal access requirement to and from the National Twin Trailer System can be denied twin trailers based upon safety consideration. As it relates to safety of the access route, the court stated:

"The most influential factor that determines the safety of any particular route for both types of vehicles, is however, exposure, or number of miles traveled. All other factors being equal, the shortest route is the safest."

Carolina Freight has three fairly direct access routes to I-85 which are approximately 12 miles from the terminal to interchanges on I-85. Carolina Freight’s request to the Department to authorize, or designate an access route, from the terminal to an interchange on I-85 in the vicinity of China Grove, a distance of approximately 54 miles from the terminal, cannot be complied with. (The Consolidated Freight case when considering reasonable access indicates that the additional exposure by the additional miles traveled on the Non-National System route, is the most important consideration. It does not appear, in any case, under the facts that have been considered or submitted in this case, that the denial of the use of the route 54 miles distance from the terminal to the interchange on I-85 is a denial of reasonable access in view of the three routes from the terminal in Cherryville of approximately 12 miles to interchanges on I-85 south of Cherryville.)

The other case cited, Truckers Association v. City of New York, 654 F. Supp. 1521 (1987) dealt with the authority of the City of New York to restrict the use of the National System by twin trailers, which the court held to be pre-empted by Federal law. As it relates to access between the National System and terminals, the court held the regulations to be fatally flawed as they failed to provide the Commission with any criteria for the issuance of permits for access routes, leaving unfettered discretion in that office. That case is not relevant as the Department has adopted no regulations restricting access between terminals and the National Twin Trailer System.

The Association and Carolina Freight contend that such designation as requested is authorized as the Department has authority to "promulgate rules and regulations providing for reasonable access". It is contended that the Legislature has imposed no such restriction on the rule making authority. However, the authorization has to be read in context with the remainder of the subsection in which it appears and the legislative intent.

In summary, federal law prohibits states from restricting "reasonable access" to twin trailers between terminals and the National Twin Trailer Network. The term "Access between terminals and the National Network" under federal law does not encompass shortcuts between routes on the National System on which no terminal is located. The North Carolina Legislature did not enlarge the meaning of the "access" requirements between terminals and the National System beyond that required by federal law. Federal access requirements does not encompass such proposed shortcuts between routes on the National System. The Department has no statutory authority to designate such proposed "shortcut" routes on which no terminals are located, as "access routes". The Department may, however, add such routes to the Network, after compliance with mandatory requirements for a determination of public convenience and necessity, a safety study, public hearings, and the concurrence of municipalities through which the proposed route passes. These statutory provisions cannot be circumvented by the Department by designating such routes as "access routes". Twin Trailers are allowed only "reasonable access" between terminals and the National System. At such time as the Department promulgates regulations for access between terminals and the National System, proper procedures and criteria should then be established.

Lacy H. Thornburg Attorney General

Eugene A. Smith Senior Deputy Attorney General