II 110th CONGRESS 2d Session S. 3059 IN THE SENATE OF THE UNITED STATES May 22, 2008 Ms. Collins (for herself and Ms. Snowe) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To permit commercial trucks to use certain highways of the Interstate System to provide significant savings in the transportation of goods throughout the United States, and for other purposes.

1.

Short title

This Act may be cited as the Commercial Truck Fuel Savings Demonstration Act of 2008.

2.

Findings

Congress finds that— (1)diesel fuel prices have increased more than 50 percent during the 1-year period between May 2007 and May 2008; (2)laws governing Federal highway funding effectively impose a limit of 80,000 pounds on the weight of vehicles permitted to use highways on the Interstate System; (3)the administration of that provision in many States has forced heavy tractor-trailer and tractor-semitrailer combination vehicles traveling in those States to divert onto small State and local roads on which higher vehicle weight limits apply under State law; (4)the diversion of those vehicles onto those roads increases fuel costs because of increased idling time and total travel time along those roads; and (5)permitting heavy commercial vehicles, including tanker trucks carrying hazardous material and fuel oil, to travel on Interstate System highways when fuel prices are high would provide significant savings in the transportation of goods throughout the United States.

3.

Definitions

In this Act: (1)

Commissioner

The term Commissioner means the Commissioner of Transportation of a State. (2)

Covered interstate system highway

(A)

In general

The term covered Interstate System highway means a highway designated as a route on the Interstate System. (B)

Exclusion

The term covered Interstate System highway does not include any portion of a highway that, as of the date of the enactment of this Act, is exempt from the requirements of subsection (a) of section 127 of title 23, United States Code, pursuant to a waiver under that subsection. (3)

Interstate system

The term Interstate System has the meaning given the term in section 101(a) of title 23, United States Code.

4.

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 a State under section 104(b)(1) of that title for any period may not be reduced under section 127(a) of that title if a State permits a vehicle described in subsection (b) to use a covered Interstate System highway in the State in accordance with the conditions described in subsection (c). (b)

Combination vehicles in excess of 80,000 pounds

A vehicle described in this subsection 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 a State to the operation of the vehicle on highways in the State that are not part of the Interstate System, as those laws are in effect on the date of enactment of this Act. (c)

Conditions

This section shall apply at any time at which the weighted average price of retail number 2 diesel in the United States is $3.50 or more per gallon. (d)

Effective date and termination

This section shall not remain in effect— (1)after the date that is 2 years after the date of enactment of this Act; or (2)before the end of that 2-year period, after any date on which the Secretary of Transportation— (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; or (ii)a Commissioner has failed faithfully to use the highway safety committee as described in section 6(2)(A) or to collect the data described in section 6(3); and (B)publishes the determination, together with the date of termination of this section, in the Federal Register. (e)

Consultation regarding termination for safety

In making a determination under subsection (d)(2)(A)(i), the Secretary of Transportation shall consult with the highway safety committee established by a Commissioner in accordance with section 6.

5.

GAO truck safety demonstration report

The Comptroller General of the United States shall carry out a study of the effects of participation in the program under section 4 on the safety of the overall highway network in States participating in that program.

6.

Responsibilities of States

For the purpose of section 4, a State shall be considered to meet the conditions under this section if the Commissioner of the State— (1)submits to the Secretary of Transportation a plan for use in meeting the conditions described 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 relating to highway safety; (ii)municipalities of the State; (iii)organizations that have evaluation or promotion of highway safety among the principal purposes of the organizations; and (iv)the commercial trucking industry; and (3)collects data on the net effects that the operation of vehicles described in section 4(b) on covered Interstate System highways have on the safety of the overall highway network, including the net effects on single-vehicle and multiple-vehicle collision rates for those vehicles.