[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 95 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 95

 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

                            January 24, 2005

 Mr. Lautenberg (for himself and Mr. DeWine) 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 
        Act.
    (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 the Safe Highways and 
                Infrastructure Preservation Act, 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 the Safe 
                Highways and Infrastructure Preservation Act, 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 if the restrictions or prohibitions are 
        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 if the restrictions or prohibitions are 
                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 the Safe Highways and 
                Infrastructure Preservation Act, 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 the Safe 
                Highways and Infrastructure Preservation Act, 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 the 
                Safe Highways and Infrastructure Preservation Act. 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 of title 49, United 
States Code, is amended--
            (1) by inserting ``126(e) or'' before ``127(d)'' in 
        paragraph (1) of subsection (g) (as redesignated by subsection 
        (a) of this section);
            (2) by inserting ``(or June 1, 2003, with respect to 
        highways described in subsection (f)(1))'' after ``June 2, 
        1991'' in paragraph (3) of subsection (g) (as redesignated by 
        subsection (a) of this section);
            (3) by striking ``Not later than June 15, 1992, the 
        Secretary'' and inserting ``The Secretary''; and
            (4) by inserting ``or (f)'' after ``subsection (d)'' in 
        paragraph (2) of subsection (h) (as redesignated by subsection 
        (a) of this section).

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 the Safe Highways and Infrastructure 
        Preservation Act, 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 the Safe Highways and 
                Infrastructure Preservation Act, 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 the Safe 
                Highways and Infrastructure Preservation Act, 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) as long as no such reduction 
        results 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 the Safe Highways and Infrastructure Preservation 
        Act, 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 the Safe Highways and Infrastructure 
        Preservation Act, 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 after the date of 
        enactment of the Safe Highways and Infrastructure Preservation 
        Act, 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 the Safe Highways and 
        Infrastructure Preservation Act, 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 after the 
                date of enactment of the Safe Highways and 
                Infrastructure Preservation Act, 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 the Safe Highways and 
                Infrastructure Preservation Act, 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 the Safe 
                Highways and Infrastructure Preservation Act, 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 if the restrictions or prohibitions are 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:
            ``(1) Interstate weight limit.--The term `Interstate weight 
        limit' has the meaning given that term in section 127(h).
            ``(2) Longer combination vehicle.--The term `longer 
        combination vehicle' has the meaning given that 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 chapter analysis for subchapter I of 
chapter 1 of 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.''.
                               <all>D23/