[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1140 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1140
To amend titles 23 and 49, United States Code, concerning length and
weight limitations for vehicles operating on Federal-aid highways, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2003
Mr. Lautenberg (for himself, Mr. DeWine, and Ms. Feinstein) introduced
the following bill; which was read twice and referred to the Committee
on Environment and Public Works
_______________________________________________________________________
A BILL
To amend titles 23 and 49, United States Code, concerning length and
weight limitations for vehicles operating on Federal-aid highways, and
for other purposes.
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''.
SEC. 2. OPERATION OF RESTRICTED PROPERTY-CARRYING UNITS ON NATIONAL
HIGHWAY SYSTEM.
(a) Restricted Property-Carrying Unit Defined.--Section 31111(a)(1)
of title 49, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Restricted property-carrying unit.--The term
`restricted property-carrying unit' means any trailer, semi-
trailer, container, or other property-carrying unit that is
longer than 53 feet.''.
(b) Prohibition on Operation of Restricted Property-Carrying
Units.--
(1) In general.--Section 31111(b)(1)(C) of title 49, United
States Code, is amended to read as follows:
``(C) allows operation on any segment of the National
Highway System, including the Interstate System, of a
restricted property-carrying unit unless the operation is
specified on the list published under subsection (h);''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 270 days after the date of enactment of this
subsection.
(c) Limitations.--Section 31111 of title 49, United States Code, is
amended by adding at the end the following:
``(h) Restricted Property-Carrying Units.--
``(1) Applicability of prohibition.--
``(A) In general.--Notwithstanding subsection
(b)(1)(C), a restricted property-carrying unit may
continue to operate on a segment of the National
Highway System if the operation of such unit is
specified on the list published under paragraph (2).
``(B) Applicability of state laws and
regulations.--All operations specified on the list
published under paragraph (2) shall continue to be
subject to all State statutes, regulations, limitations
and conditions, including routing-specific, commodity-
specific, and configuration-specific designations and
all other restrictions, in force on June 1, 2003.
``(C) Fire-fighting units.--Subsection (b)(1)(C)
shall not apply to the operation of a restricted
property-carrying unit that is used exclusively for
fire-fighting.
``(2) Listing of restricted property-carrying units.--
``(A) In general.--Not later than 60 days after the
date of enactment of this subsection, the Secretary
shall initiate a proceeding to determine and publish a
list of restricted property-carrying units that were
authorized by State officials pursuant to State statute
or regulation on June 1, 2003, and in actual and lawful
operation on a regular or periodic basis (including
seasonal operations) on or before June 1, 2003.
``(B) Limitation.--A restricted property-carrying
unit may not be included on the list published under
subparagraph (A) on the basis that a State law or
regulation could have authorized the operation of the
unit at some prior date by permit or otherwise.
``(C) Publication of final list.--Not later than
270 days after the date of enactment of this
subsection, the Secretary shall publish a final list of
restricted property-carrying units described in
subparagraph (A).
``(D) Updates.--The Secretary shall update the list
published under subparagraph (C) as necessary to
reflect new designations made to the National Highway
System.
``(3) Applicability of prohibition.--The prohibition
established by subsection (b)(1)(C) shall apply to any new
designation made to the National Highway System and remain in
effect on those portions of the National Highway System that
cease to be designated as part of the National Highway System.
``(4) Limitation on statutory construction.--This
subsection does not prevent a State from further restricting in
any manner or prohibiting the operation of a restricted
property-carrying unit; except that such restrictions or
prohibitions shall be consistent with the requirements of this
section and sections 31112 through 31114.''.
(d) Enforcement.--The second sentence of section 141(a) of title
23, United States Code, is amended by striking ``section 31112'' and
inserting ``sections 31111 and 31112''.
SEC. 3. OPERATION OF LONGER COMBINATION VEHICLES ON NATIONAL HIGHWAY
SYSTEM.
(a) In General.--Section 31112 of title 49, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) National Highway System.--
``(1) General rule.--A State may not allow, on a segment of
the National Highway System that is not covered under
subsection (b) or (c), the operation of a commercial motor
vehicle combination (except a vehicle or load that cannot be
dismantled easily or divided easily and that has been issued a
special permit under applicable State law) with more than one
property-carrying unit (not including the truck tractor) whose
property-carrying units are more than--
``(A) the maximum combination trailer, semitrailer,
or other type of length limitation allowed by law or
regulation of that State on June 1, 2003, or
``(B) the length of the property-carrying units of
those commercial motor vehicle combinations, by
specific configuration, in actual and lawful operation
on a regular or periodic basis (including continuing
seasonal operation) in that State on or before June 1,
2003.
``(2) Additional limitations.--
``(A) Applicability of state restrictions.--A
commercial motor vehicle combination whose operation in
a State is not prohibited under paragraph (1) may
continue to operate in the State on highways described
in paragraph (1) only in compliance with all State
laws, regulations, limitations, and conditions,
including routing-specific and configuration-specific
designations and all other restrictions in force in the
State on June 1, 2003. However, subject to regulations
prescribed by the Secretary under subsection (h), the
State may make minor adjustments of a temporary and
emergency nature to route designations and vehicle
operating restrictions in effect on June 1, 2003, for
specific safety purposes and road construction.
``(B) Additional state restrictions.--This
subsection does not prevent a State from further
restricting in any manner or prohibiting the operation
of a commercial motor vehicle combination subject to
this section, except that such restrictions or
prohibitions shall be consistent with this section and
sections 31113(a), 31113(b), and 31114.
``(C) Minor adjustments.--A State making a minor
adjustment of a temporary and emergency nature as
authorized by subparagraph (A) or further restricting
or prohibiting the operation of a commercial motor
vehicle combination as authorized by subparagraph (B)
shall advise the Secretary not later than 30 days after
the action. The Secretary shall publish a notice of the
action in the Federal Register.
``(3) List of state length limitations.--
``(A) State submissions.--Not later than 60 days
after the date of enactment of this subsection, each
State shall submit to the Secretary for publication a
complete list of State length limitations applicable to
commercial motor vehicle combinations operating in the
State on the highways described in paragraph (1). The
list shall indicate the applicable State laws and
regulations associated with the length limitations. If
a State does not submit the information as required,
the Secretary shall complete and file the information
for the State.
``(B) Publication of interim list.--Not later than
90 days after the date of enactment of this subsection,
the Secretary shall publish an interim list in the
Federal Register consisting of all information
submitted under subparagraph (A). The Secretary shall
review for accuracy all information submitted by a
State under subparagraph (A) and shall solicit and
consider public comment on the accuracy of the
information.
``(C) Limitation.--A law or regulation may not be
included on the list submitted by a State or published
by the Secretary merely because it authorized, or could
have authorized, by permit or otherwise, the operation
of commercial motor vehicle combinations not in actual
operation on a regular or periodic basis on or before
June 1, 2003.
``(D) Publication of final list.--Except as revised
under this subparagraph or subparagraph (E), the list
shall be published as final in the Federal Register not
later than 270 days after the date of enactment of this
subsection. In publishing the final list, the Secretary
shall make any revisions necessary to correct
inaccuracies identified under subparagraph (B). After
publication of the final list, commercial motor vehicle
combinations prohibited under paragraph (1) may not
operate on a highway described in paragraph (1) except
as published on the list.
``(E) Inaccuracies.--On the Secretary's own motion
or on request by any person (including a State), the
Secretary shall review the list published under
subparagraph (D). If the Secretary decides there is
reason to believe a mistake was made in the accuracy of
the list, the Secretary shall begin a proceeding to
decide whether a mistake was made. If the Secretary
decides there was a mistake, the Secretary shall
publish the correction.''.
(b) Conforming Amendments.--Section 31112(g) of title 49, United
States Code, is amended--
(1) in subsection (g)(1) (as redesignated by subsection (a)
of this section) by inserting ``126(e) or'' before ``127(d)'';
(2) in subsection (g)(3) (as redesignated by subsection (a)
of this section) by inserting ``(or June 1, 2003, with respect
to highways described in subsection (f)(1))'' after ``June 2,
1991''; and
(3) in paragraph (h)(2) (as redesignated by subsection (a)
of this section)--
(A) by striking ``Not later than June 15, 1992, the
Secretary'' and inserting ``The Secretary''; and
(B) by inserting ``or (f)'' after ``subsection
(d)''.
SEC. 4. 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.--After the 270th day following the date
of enactment of this subsection, a State may not allow, on a
segment of the Interstate System, the operation of a vehicle or
combination (other than a longer combination vehicle) exceeding
an Interstate weight limit unless the operation is specified on
the list published under paragraph (2).
``(2) List of vehicles and combinations.--
``(A) Proceeding.--Not later than 60 days after the
date of enactment of this subsection, the Secretary
shall initiate a proceeding to determine and publish a
list of vehicles and combinations (other than longer
combination vehicles), otherwise exceeding an
Interstate weight limit, that the Department of
Transportation, any other Federal agency, or a State
has determined on or before June 1, 2003, could be
lawfully operated within such State--
``(i) on July 1, 1956;
``(ii) in the case of the overall gross
weight of any group of 2 or more consecutive
axles, on the date of enactment of the Federal-
Aid Highway Amendments of 1974; or
``(iii) under a special rule applicable to
a State under subsection (a).
``(B) Limitations.--
``(i) Actual and lawful operations
required.--An operation of a vehicle or
combination may be included on the list
published under subparagraph (A) only if the
vehicle or combination was in actual and lawful
operation in the State on a regular or periodic
basis on or before June 1, 2003.
``(ii) State authority not sufficient.--An
operation of a vehicle or combination may not
be included on the list published under
subparagraph (A) on the basis that a State law
or regulation could have authorized the
operation of the vehicle or combination at some
prior date by permit or otherwise.
``(C) Publication of final list.--Not later than
270 days after the date of enactment of this
subsection, the Secretary shall publish a final list of
vehicles and combinations described in subparagraph
(A).
``(3) Limitation on statutory construction.--This
subsection does not prevent a State from reducing the gross
vehicle weight limitation, the single and tandem axle weight
limitations, or the overall maximum gross weight on a group of
2 or more consecutive axles applicable to portions of the
Interstate System in the State for operations on the list
published under paragraph (2)(C) but in no event may any such
reduction result in a limitation that is less than an
Interstate weight limit.
``(4) Applicability of existing requirements.--All vehicles
and combinations included on the list published under paragraph
(2) shall be subject to all routing-specific, commodity-
specific, and weight-specific designations in force in a State
on June 1, 2003.
``(5) Interstate weight limit defined.--In this subsection,
the term `Interstate weight limit' 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 formula in subsection
(a).''.
(b) Conforming Amendment.--The fourth sentence of section 127(a) of
title 23, United States Code, is amended by striking ``the State
determines''.
SEC. 5. 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
enactment of this subsection, the Secretary shall initiate a
proceeding to define the term `vehicles and loads which cannot
be easily dismantled or divided' as used in subsection (a) and
section 31112 of title 49.
``(2) List of commodities.--
``(A) In general.--The definition developed under
paragraph (1) shall include a list of commodities (or
classes or types of commodities) that do not qualify as
nondivisible loads.
``(B) Limitation.--The list of commodities
developed under paragraph (1) shall not be interpreted
to be a comprehensive list of commodities that do not
qualify as nondivisible loads.
``(3) Regulations.--Not later than 270 days after the date
of enactment of this subsection, the Secretary shall issue
final regulations setting forth the determination of the
Secretary made under paragraph (1). The Secretary shall update
the regulations as necessary.
``(4) Applicability.--Regulations issued under paragraph
(2) shall apply to all vehicles and loads operating on the
National Highway System.
``(5) State requirements.--A State may establish any
requirement that is not inconsistent with regulations issued
under paragraph (2).
``(6) Statement of policy.--The purpose of this subsection
is to promote conformity with Interstate weight limits to
preserve publicly funded infrastructure and protect motorists
by limiting maximum vehicle weight on key portions of the
Federal-aid highway system.''.
SEC. 6. WAIVERS OF WEIGHT LIMITATIONS DURING PERIODS OF NATIONAL
EMERGENCY.
Section 127 of title 23, United States Code, is further amended by
adding at the end the following:
``(j) Waivers During Periods of National Emergency.--
``(1) In general.--Notwithstanding any other provision of
this section or section 126, the Secretary, in consultation
with the Secretary of Defense, may waive or limit the
application of any vehicle weight limit established under this
section or section 126 with respect to a highway route during a
period of national emergency in order to respond to the effects
of the national emergency.
``(2) Applicability.--Emergency limits established under
paragraph (1) shall preempt any inconsistent State vehicle
weight limits.''.
SEC. 7. VEHICLE WEIGHT LIMITATIONS--NATIONAL HIGHWAY SYSTEM.
(a) In General.--Title 23, United States Code, is amended by
inserting after section 125 the following:
``Sec. 126. Vehicle weight limitations--National Highway System
``(a) Non-Interstate Highways on NHS.--
``(1) In general.--After the 270th day following the date
of enactment of this section, any Interstate weight limit that
applies to vehicles and combinations (other than longer
combination vehicles) operating on the Interstate System in a
State under section 127 shall also apply to vehicles and
combinations (other than longer combination vehicles) operating
on non-Interstate segments of the National Highway System in
such State, unless such segments are subject to lower State
weight limits as provided for in subsection (d).
``(2) Existing highways.--
``(A) In general.--Notwithstanding paragraph (1),
in the case of a non-Interstate segment of the National
Highway System that is open to traffic on June 1, 2003,
a State may allow the operation of any vehicle or
combination (other than a longer combination vehicle)
on such segment that the Secretary determines under
subsection (b) could be lawfully operated on such
segment on June 1, 2003.
``(B) Applicability of state laws and
regulations.--All operations described in subparagraph
(A) shall continue to be subject to all State statutes,
regulations, limitations and conditions, including
routing-specific, commodity-specific, and
configuration-specific designations and all other
restrictions, in force on June 1, 2003.
``(3) New highways.--Subject to subsection (d)(1), the
gross vehicle weight limitations and axle loading limitations
applicable to all vehicles and combinations (other than longer
combination vehicles) on a non-Interstate segment of the
National Highway System that is not open to traffic on June 1,
2003, shall be the Interstate weight limit.
``(b) Listing of Vehicles and Combinations.--
``(1) In general.--The Secretary shall initiate a
proceeding to determine and publish a list of vehicles and
combinations (other than longer combination vehicles),
otherwise exceeding an Interstate weight limit, that could be
lawfully operated on a non-Interstate segment of the National
Highway System on June 1, 2003.
``(2) Requirements.--In publishing a list of vehicles and
combinations under paragraph (1), the Secretary shall
identify--
``(A) the gross vehicle weight limitations and axle
loading limitations in each State applicable, on June
1, 2003, to vehicles and combinations (other than
longer combination vehicles) on non-Interstate segments
of the National Highway System; and
``(B) operations of vehicles and combinations
(other than longer combination vehicles), exceeding
State gross vehicle weight limitations and axle loading
limitations identified under subparagraph (A), which
were in actual and lawful operation on a regular or
periodic basis (including seasonal operations) on June
1, 2003.
``(3) Limitation.--An operation of a vehicle or combination
may not be included on the list published under paragraph (1)
on the basis that a State law or regulation could have
authorized such operation at some prior date by permit or
otherwise.
``(4) Publication of final list.--Not later than 270 days
after the date of enactment of this section, the Secretary
shall publish a final list of vehicles and combinations
described in paragraph (1).
``(5) Updates.--The Secretary shall update the list
published under paragraph (1) as necessary to reflect new
designations made to the National Highway System.
``(c) Applicability of Limitations.--The limitations established by
subsection (a) shall apply to any new designation 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.
``(d) Limitations on Statutory Construction.--
``(1) State enforcement of more restrictive weight
limits.--This section does not prevent a State from maintaining
or imposing a weight limitation that is more restrictive than
the Interstate weight limit on vehicles or combinations (other
than longer combination vehicles) operating on a non-Interstate
segment of the National Highway System.
``(2) State actions to reduce weight limits.--This section
does not prevent a State from reducing the State's gross
vehicle weight limitation, single or tandem axle weight
limitations, or the overall maximum gross weight on 2 or more
consecutive axles on any non-Interstate segment of the National
Highway System.
``(e) Longer Combination Vehicles.--
``(1) Prohibition.--
``(A) In general.--After the 270th day following
the date of enactment of this section, a longer
combination vehicle may continue to operate on a non-
Interstate segment of the National Highway System only
if the operation of the longer combination vehicle
configuration type was authorized by State officials
pursuant to State statute or regulation on June 1,
2003, and in actual and lawful operation on a regular
or periodic basis (including seasonal operations) on or
before June 1, 2003.
``(B) Applicability of state laws and
regulations.--All operations described in subparagraph
(A) shall continue to be subject to all State statutes,
regulations, limitations and conditions, including
routing-specific, commodity-specific, and
configuration-specific designations and all other
restrictions, in force on June 1, 2003.
``(2) Listing of vehicles and combinations.--
``(A) In general.--Not later than 60 days after the
date of enactment of this section, the Secretary shall
initiate a proceeding to determine and publish a list
of longer combination vehicles that could be lawfully
operated on non-Interstate segments of the National
Highway System on June 1, 2003.
``(B) Limitation.--A longer combination vehicle may
not be included on the list published under
subparagraph (A) on the basis that a State law or
regulation could have authorized the operation of such
vehicle at some prior date by permit or otherwise.
``(C) Publication of final list.--Not later than
270 days after the date of enactment of this section,
the Secretary shall publish a final list of longer
combination vehicles described in subparagraph (A).
``(D) Updates.--The Secretary shall update the list
published under subparagraph (A) as necessary to
reflect new designations made to the National Highway
System.
``(3) Limitation on statutory construction.--This
subsection does not prevent a State from further restricting in
any manner or prohibiting the operation of a longer combination
vehicle; except that such restrictions or prohibitions shall be
consistent with the requirements of section 127 of this title
and sections 31112 through 31114 of title 49, United States
Code.
``(f) Model Schedule of Fines.--
``(1) In general.--The Secretary, in consultation with the
States, shall establish a model schedule of fines to be
assessed for violations of this section.
``(2) Purpose.--The purpose of the schedule of fines shall
be to ensure that fines are sufficient to deter violations of
the requirements of this section and to permit States to
recover costs associated with damages caused to the National
Highway System by the operation of such vehicles.
``(3) Adoption by states.--The Secretary shall encourage
but not require States to adopt the schedule of fines.
``(g) Definitions.--In this section, the following definitions
apply:
``(1) Interstate weight limit.--The term `Interstate weight
limit' has the meaning given such term in section 127(h).
``(2) Longer combination vehicle.--The term `longer
combination vehicle' has the meaning given such term in section
127(d).''.
(b) Enforcement of Requirements.--Section 141(a) of title 23,
United States Code, is amended--
(1) by striking ``the Federal-aid primary system, the
Federal-aid urban system, and the Federal-aid secondary system,
including the Interstate System'' and inserting ``the National
Highway System, including the Interstate System,''; and
(2) by striking ``section 127'' and inserting ``sections
126 and 127''.
(c) Conforming Amendment.--The analysis for title 23, United States
Code, is amended by inserting after the item relating to section 125
the following:
``126. Vehicle weight limitations--National Highway System.''.
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