Trucking ordinance headed to council

By Eric Maddy
The SCORE

An ordinance that would set limits and conditions on commercial vehicle parking in residential areas kept truckin' through the legislative process Tuesday night, getting unanimous support from the Rio Rancho Planning and Zoning Board after two amendments.

The ordinance will be considered on first reading by the City Council on Wednesday night and could become law on Dec. 22, 10 days after a second reading by the Governing Body.

The board tabled a second major issue regarding outdoor lighting until its next meeting on Dec. 11.

All six speakers from the public favored the ordinance, meaning truckers will most likely mount their defense at tonight’s 6 p.m. council meeting.

The original proposal defines a commercial vehicle as “any vehicle and/or equipment which has a gross vehicle weight rating that exceeds 10,000 pounds that is used or designed for a commercial or industrial function. This term includes any vehicle/equipment that is not a noncommercial or a recreational vehicle.”

It goes on to define a noncommercial vehicle as “a motor vehicle used in the conduct of normal daily activities which has a gross vehicle weight rating of not more than 10,000 pounds which can be lawfully parked in a standard 9 foot by 20 foot parking space. This term includes motor vehicle commonly called motorcycles, automobiles, vans, sport utility vehicles, light trucks or pickups.”

It also defines recreational vehicles as a unit “primarily designed as a temporary living quarters for recreational, camping or travel use; it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Recreational vehicles include motor homes, truck campers, travel trailers and camping trailers.”

The board approved two amendments. The first changes the numbers under non-commercial vehicles to 22 feet in length and 14,000 pound to accommodate larger extended-cabs, such as the Ford F-350.

Specific language for a second amendment was not approved, but the sense of the board was to allow exemptions on larger properties, including agricultural land that might have horses to allow horse trailers to be parked on site. This came after commissioner Dave Heil initially proposed that agricultural land be taken out of the ordinance.

The second amendment passed 4-2; the other amendment and the entire ordinance (as amended) passed unanimously.

The rest of the discussion centered around possible loopholes in the law that you could, literally, drive a truck through. For instance:

•    If a vehicle towing a trailer with equipment, such as a backhoe, is not attached, is it in violation of the law?

•    The statute allows for “reasonable time” periods to allow commercials trucks. But what is reasonable time? The phrase is meant to allow a commercial service provider, for example a roofer or plumber, to park in a residential area to do repairs. But does a plumber who drives his truck home from work for lunch every day violate the law?

•    Development staff member Dolores Wood, who was also the city’s point person on the controversial sign ordinance three years ago, showed a montage of pictures of trucks she had taken around he city and pointed out what would be legal and what would not. Several of the trucks appeared to be in violation of the sign ordinance, which prompted a discussion on whether a commercial vehicle ordinance would be creating something city officers would be unable to enforce.

Heil suggested perhaps the ordinance be tied to vehicle classifications and though it was discussed by commission members and staff, no action was taken.

Heil suggested perhaps the ordinance be tied to vehicle classifications and though it was discussed by commission members and staff, no action was taken.

But in essence the board did just that. By increasing the gross vehicle weight limit to 14,000 pounds to accommodate larger pickups trucks, they have potentially allowed in some Class 3 panel trucks (see graphics below taken from the city's web site). A representative of the Peterbilt Company in Texas, which makes semi cabs, said they can range from 7,000 to 20,000 pounds.

"Doing it by weight is not the way to do it," he said. "Doing it by classification makes more sense."

The only thing that will apparently keep lighter-weight cabs from qualifying is a height requirement set by the city that the vehicles cannot be taller than seven feet.