CHAPTER 260

An Act to amend the Code of Virginia by adding in Title 38 thereof new
sections numbered 88-28.1 through 88-28.5, establishing an arterial
system of roads within the State Highway System and authorizing the
State Highway Commission to establish, designate, construct, matn-
tain and improve roads in the arterial system. 8 105)

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Title 33 thereof
the following sections numbered 33-23.1 through 33-23.5:

§ 33-23.1. Arterial Highways; Criteria—The State Highway Com-
mission is hereby authorized to establish within the State Highway System
an arterial network of highways to supplement and complement the
Interstate System as established under Article 2.1 of Title 83 of this Code.

tenner highways shall be those highways which meet the following
criteria :

(1) Supplement and complement the Interstate System to form a
complete network of through highways to serve both interstate and
principal intrastate traffic flow;

(2) Carry a sufficient volume of traffic by 1975 to warrant a minimum
of four lanes;
te we Carry a substantial volume of heavy trucks and buses and through

affic ;

(4) Serve as the principal routes of major traffic corridors;

(5) Provide reasonable connections to or between the major cities
and towns in the State; and

(6) Have been declared by resolution of the State Highway Com-
pussion to be portions of the arteriaf network of the State Highway

ystem.

Existing highways and streets, even though established as turnpikes,
toll projects, revenue bond projects, or streets of cities and towns may be
included in the arterial network of highways established by this section.

33-23.2. Extensions of arterial highways within cities and towns.—
Extensions of the arterial network of highways into and through cities
and towns of thirty-five hundred or more population shall be constructed
or improved in the same manner as other urban projects, and the funds for
such construction shall be provided in accordance with § 33-35.5.

When such extensions of the arterial network of highways have
been constructed or improved, they shall be maintained and controlled by
the governing bodies of such cities and towns and be eligible for mainte-
nance payments under § 33-35.2.

Notwithstanding the above paragraph, the State Highway Commis-
sion is authorized in its discretion to assume the maintenance and control
of any extension of the arterial network of highways within a municipality
of thirty-five hundred or more population when such extension has been
constructed without contribution by the municipality and such action is
deemed by the Commission to be in the best interest of the Commonwealth.
The Commission shall have the same jurisdiction and control over ex-
tensions of the arterial network which it assumes for maintenance as is
vested in it relative to other highways in the State Highway System and
the municipality shall thereafter be relieved from all civil liability arising
from the physical condition of such extensions. No payment shall be made
by the Commissioner to any city or town pursuant to § 33-35.2 for any
extension which the Commission assumes for maintenance.

Nothing contained herein shall relieve the cities and towns from the
responsibility for the preservation of public peace, prevention of crime,
apprehension of criminals, protection of the rights of persons and prop-
erty and enforcement of the laws of the Commonwealth and the rules
and regulations enacted pursuant thereto on any extension of the arterial
network maintained by the Commission, nor shall anything contained
herein be considered as a waiver by the Commonwealth of its immunity
from liability for tort.

§ 83-23.3. Funds for establishing and maintenance of the arterial
network of highways.—The roads and streets embraced within the arterial
network of the State Highway System shall be established, constructed
and maintained by the State under the direction and supervision of the
Commissioner with such funds as may hereafter be appropriated and
made available for such purposes to the State Highway System under
§§ 33-31 and 33-32.

§ 83-23.4. Transfer of streets and roads.—In connection with the
establishment and construction of the arterial network of the State High-
way System the State Highway Commission may transfer to and from the
State Highway System such streets, roads, and bridges as the Commission
shall deem proper.

Such transfers shall be made in accordance with § 33-26 or § 33-27
but without regard to the limitations or conditions set forth in such
sections.

§ 33-23.5. Portions of arterial network within annexed areas.—The
State Highway Commission is authorized in its discretion, after con-
sultation with the municipality, to continue the maintenance and
contro] of any portion of the arterial network of highways which
is located within an area that is annexed, merged, or incorporated
into a city or town of thirty-five hundred or more population, sub-
sequent to the construction of such portion of highway, when such action
is deemed by the Commissioner to be in the best interest of the Com-
monwealth. The Commission shall have the same jurisdiction and control
over thuse portions of the arterial network which it continues to maintain
as is vested in it relative to other highways in the State Highway System
and the municipality shall incur no civil liability as a result of the
physical condition of such portions. No payment shall be made by the
Commissioner to any city or town pursuant to § 33-35.2 for any portion of
the arterial network which the Commission continues to maintain under
this section.

Nothing contained herein shall relieve the cities and towns from the
responsibility for the preservation of public peace, prevention of crime,
apprehension of criminals, protection of the rights of persons and prop-
erty and enforcement of the laws of the Commonwealth and the rules
and regulations enacted pursuant thereto on any portion of the arterial
network maintained by the Commission under this section, nor shall any-
thing contained herein be considered as a waiver by the Commonwealth
of its immunity from liability for tort.