[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 551 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 551

 To amend the Surface Transportation Assistance Act of 1982 and title 
 23, United States Code, concerning length and weight limitations for 
              vehicles operating on Federal-aid highways.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1997

 Mr. Oberstar introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend the Surface Transportation Assistance Act of 1982 and title 
 23, United States Code, concerning length and weight limitations for 
              vehicles operating on Federal-aid highways.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Highways and Infrastructure 
Preservation Act of 1997''.

SEC. 2. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.

    (a) Prohibition on Operation of Certain Cargo-Carrying Units.--
Section 411 of the Surface Transportation Assistance Act of 1982 (49 
U.S.C. App. 2311) is amended--
            (1) by striking the section heading and all that follows 
        through ``(a) Except'' and inserting the following:

``SEC. 411. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.

    ``(a) State Requirements.--
            ``(1) In general.--Except'';
            (2) by moving the remaining portion of paragraph (1) of 
        subsection (a), as designated by paragraph (1) of this 
        subsection, 2 ems to the right; and
            (3) by adding at the end of subsection (a) the following:
            ``(2) Prohibition on operation of certain cargo-carrying 
        units.--
                    ``(A) General rule.--No State shall register for 
                operation on any segment of the Interstate System and 
                those classes of qualifying National Highway System 
                highways as designated by the Secretary any trailer, 
                semi-trailer, container, or other cargo-carrying unit 
                that is longer than 53 feet, except as provided by 
                subparagraph (B).
                    ``(B) Exceptions.--The following shall not be 
                subject to the requirement of subparagraph (A):
                            ``(i) Any trailer, semi-trailer, container, 
                        or other cargo carrying unit that is 
                        manufactured before the expiration of the 1-
                        year period beginning on the date of the 
                        enactment of this paragraph.
                            ``(ii) Any trailer, semi-trailer, 
                        container, or other cargo-carrying unit that is 
                        used exclusively for fire-fighting.
            ``(C) Limitation on statutory construction.--Nothing in 
        this paragraph shall be construed to affect the laws of any 
        State applicable to any trailer, semi-trailer, container, or 
        other cargo-carrying unit that is less than 53 feet in 
        length.''.
    (b) Repeal.--The 3d sentence of section 411(b) of such Act is 
repealed.
    (c) Conforming Amendments.--Section 411 of such Act is amended--
            (1) by striking ``subsection (a) of this section'' each 
        place it appears and inserting ``subsection (a)(1) of this 
        section''; and
            (2) in subsection (d) by striking ``subsections (a)'' and 
        inserting ``subsections (a)(1)''.
    (d) Enforcement.--The 2d sentence of section 141(b) of title 23, 
United States Code, is amended--
            (1) by striking ``section 411(j)'' and inserting 
        ``subsections (a)(2) and (j) of section 411''; and
            (2) by striking ``2311(j)'' and inserting ``2311''.

SEC. 3. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS.

    (a) In General.--Section 127 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(h) Grandfather Rights.--
            ``(1) General rule.--No State shall allow the operation of 
        any vehicle or combination (other than longer combination 
        vehicles) not in conformance with the Interstate weight limits, 
        unless such operation is on the list published pursuant to 
        paragraph (2).
            ``(2) List of vehicles or combinations.--
                    ``(A) Proceeding.--Not later than 60 days after the 
                date of the enactment of this subsection, the Secretary 
                shall initiate a proceeding to determine and publish a 
                list of vehicles or combinations (other than longer 
                combination vehicles), otherwise not in conformance 
                with the Interstate weight limits, that the Department 
                of Transportation or any other Federal agency or a 
                State has determined before January 1, 1997, could be 
                lawfully operated within such State on July 1, 1956 
                (except in the case of the overall gross weight of any 
                group of 2 or more consecutive axles, on the date of 
                the enactment of the Federal-Aid Highway Amendments of 
                1974).
                    ``(B) Limitation.--No operation of any vehicle or 
                combination (other than a longer combination vehicle) 
                shall be included on the list published pursuant to 
                subparagraph (A) on the basis that a State law or 
                regulation could have authorized such operation at some 
                prior date by permit or otherwise.
                    ``(C) Publication of final list.--Not later than 
                270 days after the date of the enactment of this 
                subsection, the Secretary shall publish a final list of 
                vehicles or combinations described in subparagraph (A).
            ``(3) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to prevent a State from 
        reducing the State's gross vehicle weight limitation or the 
        State's single or tandem axle weight limitations on the 
        Interstate System for operations on the list published pursuant 
        to paragraph (2) but in no event shall any such reduction fall 
        below weight limits referred to in subsection (a).
            ``(4) Applicability of existing requirements.--All vehicles 
        or combinations included on the list published pursuant to 
        paragraph (2) shall be subject to all routing-specific, 
        commodity-specific, and weight-specific designations in force 
        in a State before January 1, 1997.''.
    (b) Conforming Amendment.--The 4th sentence of section 127(a) of 
such title is amended by striking ``the State determines''.

SEC. 4. NONDIVISIBLE LOAD PROCEEDING.

    Section 127 of title 23, United States Code, is further amended by 
adding at the end the following:
    ``(i) Nondivisible Loads.--
            ``(1) Proceeding.--Not later than 60 days after the date of 
        the enactment of this subsection, the Secretary shall initiate 
        a proceeding to determine the meaning of the term `vehicles and 
        loads which cannot be easily dismantled or divided' as used in 
        subsection (a), including a commodity-specific definition of 
        such term.
            ``(2) Regulations.--Not later than 270 days after the date 
        of the enactment of this subsection, the Secretary shall issue 
        final regulations setting forth the determination of the 
        Secretary made pursuant to subparagraph (A). Such regulations 
        shall apply to all loads operating on the National Highway 
        System. A State may establish other requirements not 
        inconsistent with such regulations.
    ``(j) Statement of Policy.--The policy of this title is to promote 
conformity with the Interstate weight limits for the benefit and safety 
of all motorists.
    ``(k) Interstate Weight Limits Defined.--For purposes of 
subsections (h), (i), and (j), the term `Interstate weight limits' 
means the 80,000 pound gross vehicle weight limitation, the 20,000 
pound single axle weight limitation (including enforcement tolerances), 
the 34,000 pound tandem axle weight limitation (including enforcement 
tolerances), and the overall maximum gross weight (including 
enforcement tolerances) on a group of 2 or more consecutive axles 
produced by application of the Bridge Formula B in subsection (a).''.

SEC. 5. WEIGHT LIMITATIONS.

    (a) In General.--Title 23, United States Code, is amended by 
inserting after section 127 the following:
``Sec. 127a. Gross vehicle weight and axle loading limitations on non-
              Interstate highways on the National Highway System
    ``(a) Non-Interstate Highways on NHS.--The gross vehicle weight 
limitations and axle loading limitations applicable to all vehicles and 
combinations on any non-Interstate highway on the National Highway 
System in existence on the date of the enactment of this section, shall 
be the gross vehicle weight and axle loading limitations (including 
enforcement tolerances) set by State statute as of January 1, 1997, on 
the non-Interstate highway on the National Highway System in the State 
in which such non-Interstate highway is located, except as provided by 
subsection (c). The gross vehicle weight limitations and axle loading 
limitations applicable to all vehicles and combinations on any segment 
of any non-Interstate highway on the National Highway System not in 
existence on the date of the enactment of this section, shall be the 
Interstate weight limits.
    ``(b) Proceeding To Publish List of State Limitations.--The 
Secretary shall initiate a proceeding to determine and publish a list 
of the States' gross vehicle weight limitations and axle loading 
limitations as of January 1, 1997, applicable to non-Interstate 
highways on the National Highway System. The Secretary shall publish a 
final list not later than 180 days after the date of the enactment of 
this section.
    ``(c) Proceeding To Publish List of Nonconforming Operations.--The 
Secretary shall initiate a proceeding to determine and publish a list 
of operations not in conformance with State gross vehicle weight 
limitations and axle loading limitations applicable to all vehicles and 
combinations on any non-Interstate highways on the National Highway 
System in existence on the date of the enactment of this section, of 
such State before January 1, 1997, and which were in actual and lawful 
operation on a regular or periodic basis (including seasonal 
operations) before January 1, 1997. The Secretary shall publish a final 
list of such operations not later than 180 days after the date of the 
enactment of this section. No operation of any vehicle or combination 
shall be on the Secretary's list on the basis that a State law or 
regulation could have authorized such operations at some prior date, by 
permit or otherwise.
    ``(d) Applicability of Existing Requirements.--All vehicles or 
combinations included on the Secretary's list provided for in 
subsection (c) shall be subject to all routing-specific, commodity-
specific, and weight-specific designations in force in a State on 
December 31, 1996.
    ``(e) Applicability.--The limitations established by subsection (a) 
shall apply to any new designations made to the National Highway System 
and remain in effect on those non-Interstate highways that cease to be 
designated as part of the National Highway System.
    ``(f) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to prevent any State from reducing the 
State's gross vehicle weight limitation or the State's single or tandem 
axle weight limitations on any existing non-Interstate highway on the 
National Highway System.
    ``(g) Interstate Weight Limits Defined.--For purposes of this 
section, the term `Interstate weight limits' means the 80,000 pound 
gross vehicle weight limitation, the 20,000 pound single axle weight 
limitation (including enforcement tolerances), and the 34,000 pound 
tandem axle weight limitation (including enforcement tolerances).''.
    (b) Enforcement of Requirements.--Section 141(a) of such title is 
amended by striking ``section 127(d)'' and inserting ``sections 127 and 
127a''.
    (c) Conforming Chapter Analysis Amendment.--The analysis for 
chapter 1 of such title is amended by inserting after the item relating 
to section 127 the following:

``127a. Gross vehicle weight and axle loading limitations on non-
                            Interstate highways on the National Highway 
                            System.''.
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