[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1012 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1012

To establish a commercial truck highway safety demonstration program in 
              the State of Maine, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2005

Mr. Michaud (for himself and Mr. Allen) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
To establish a commercial truck highway safety demonstration program in 
              the State of Maine, 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 ``Commercial Truck Highway Safety 
Demonstration Program Act of 2005''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Public safety on the highways of the United States is a 
        paramount concern of all who use the highways and all who 
        prescribe public policy for the use of those highways, 
        including public policy on the operation of heavy commercial 
        trucks on highways.
            (2) Federal highway funding law effectively imposes a limit 
        of 80,000 pounds on the weight of vehicles permitted to use 
        Interstate System highways.
            (3) The administration of this law in Maine has forced 
        heavy tractor-trailer and tractor-semitrailer combination 
        vehicles, traveling into Maine from neighboring States and 
        Canada, to divert onto small State and local roads where higher 
        vehicle weight limits apply under Maine law.
            (4) The diversion of those vehicles onto such roads causes 
        significant economic hardships and safety challenges for small 
        communities located along those roads.
            (5) Permitting heavy commercial vehicles, including tanker 
        trucks carrying hazardous material and fuel oil, to travel on 
        Interstate System highways in Maine--
                    (A) would enhance public safety by reducing--
                            (i) the number of heavy vehicles that use 
                        town and city streets in Maine; and
                            (ii) as a result, the number of dangerous 
                        interactions between those heavy vehicles and 
                        such other vehicles as school buses and private 
                        vehicles; and
                    (B) would reduce the net highway maintenance costs 
                in Maine because the Interstate System highways, unlike 
                the secondary roads of Maine, are built to accommodate 
                heavy vehicles and are, therefore, more durable.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Covered interstate system highway.--
                    (A) In general.--The term ``covered Interstate 
                System highway'' means a highway within the State of 
                Maine that is designated as a route on the Interstate 
                System, except as provided in subparagraph (B).
                    (B) Exception.--The term does not include any 
                portion of a highway that, as of the date of enactment 
                of this Act, is exempted from the requirements of 
                section 127(a) of title 23, United States Code, by the 
                last sentence of such section.
            (2) Interstate system.--The term ``Interstate System'' has 
        the meaning given that term in section 101(a) of title 23, 
        United States Code.

SEC. 4. MAINE TRUCK SAFETY DEMONSTRATION PROGRAM.

    The Secretary of Transportation shall carry out a program, in the 
administration of this Act, to demonstrate the effects on the safety of 
the overall highway network in the State of Maine that would result 
from permitting vehicles described in section 5(b) to be operated on 
the Interstate System highways within the State.

SEC. 5. WAIVER OF HIGHWAY FUNDING REDUCTION RELATING TO WEIGHT OF 
              VEHICLES USING INTERSTATE SYSTEM HIGHWAYS.

    (a) Prohibition Relating to Certain Vehicles.--Notwithstanding 
section 127(a) of title 23, United States Code, the total amount of 
funds apportioned to the State of Maine under section 104(b)(1) of such 
title for any period may not be reduced under such section 127(a) on 
the basis that the State of Maine permits a vehicle described in 
subsection (b) to use a covered Interstate System highway.
    (b) Combination Vehicles in Excess of 80,000 Pounds.--A vehicle 
referred to in subsection (a) is a vehicle having a weight in excess of 
80,000 pounds that--
            (1) consists of a 3-axle tractor unit hauling a single 
        trailer or semitrailer; and
            (2) does not exceed any vehicle weight limitation that is 
        applicable under the laws of the State of Maine to the 
        operation of such vehicle on highways in Maine not on the 
        Interstate System, as such laws are in effect on the date of 
        enactment of this Act.
    (c) Effective Date and Termination.--
            (1) Effective date.--
                    (A) Date of satisfaction of administrative 
                conditions by maine.--The prohibition in subsection (a) 
                shall take effect on the date on which the Secretary of 
                Transportation notifies the Commissioner of 
                Transportation of the State of Maine, in writing, 
                that--
                            (i) the Secretary has received the plan 
                        described in paragraph (1) of section 6; and
                            (ii) the Commissioner has established a 
                        highway safety committee as described in 
                        paragraph (2) of section 6 and has issued rules 
                        and procedures for the collection of highway 
                        safety data as described in paragraph (3) of 
                        section 6.
                    (B) Permanent effect.--After taking effect, the 
                prohibition in subsection (a) shall remain in effect 
                unless terminated under paragraph (2).
            (2) Contingent termination.--The prohibition in subsection 
        (a) shall terminate 3 years after the effective date applicable 
        under paragraph (1) if, before the end of such 3-year period, 
        the Secretary--
                    (A) determines that--
                            (i) operation of vehicles described in 
                        subsection (b) on covered Interstate System 
                        highways has adversely affected safety on the 
                        overall highway network in Maine; or
                            (ii) the Commissioner has failed to use the 
                        highway safety committee as described in 
                        paragraph (2)(A) of section 6 or to collect 
                        data as described in paragraph (3) of section 
                        (6); and
                    (B) publishes the determination, together with the 
                date of the termination of the prohibition, in the 
                Federal Register.
    (d) Consultation Regarding Termination for Safety.--In making a 
determination under subsection (c)(2)(A)(i), the Secretary shall 
consult with the highway safety committee established by the 
Commissioner in accordance with section 6.

SEC. 6. RESPONSIBILITIES OF THE STATE OF MAINE.

    For the purposes of section 5, the State of Maine satisfies the 
conditions of this section if the Commissioner of Transportation of the 
State of Maine--
            (1) submits to the Secretary of Transportation a plan for 
        satisfying the conditions set forth in paragraphs (2) and (3);
            (2) establishes and chairs a highway safety committee 
        that--
                    (A) the Commissioner uses to review the data 
                collected pursuant to paragraph (3); and
                    (B) consists of representatives of--
                            (i) agencies of the State that have 
                        responsibilities related to highway safety;
                            (ii) municipalities of the State;
                            (iii) organizations that have evaluation or 
                        promotion of highway safety among their 
                        principal purposes; and
                            (iv) the commercial trucking industry; and
            (3) collects data on the net effects that the operation of 
        vehicles described in section 5(b) on covered Interstate System 
        highways has on the safety of the overall highway network in 
        the State, including the net effects on single-vehicle and 
        multiple-vehicle collision rates for such vehicles.
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