I 111th CONGRESS 1st Session H. R. 3275 IN THE HOUSE OF REPRESENTATIVES July 21, 2009 Ms. Markey of Colorado (for herself and Mr. Smith of Nebraska) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the definition of commercial motor vehicle in section 31101 of title 49, United States Code, to exclude certain farm vehicles, and for other purposes.

1.

Definition of commercial motor vehicle

Section 31101(1)(A) of title 49, United States Code, is amended to read as follows: (A)(i)except as provided in clause (ii), has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; or (ii)in the case of a vehicle with farm-designated license plates that is engaged in the transportation of agricultural commodities or farm supplies or a vehicle that is controlled by a farmer and used to transport agricultural commodities or farm supplies to or from a farm, has a gross vehicle weight rating or gross vehicle weight the greater of which exceeds the minimum weight of a commercial motor vehicle established by the State in which it is being operated; .

2.

Preservation of grants for States that increase the minimum weight for commercial motor vehicles

Section 31102 of title 49, United States Code, is amended— (1)by redesignating subsection (e) as subsection (f); and (2)by inserting after subsection (d) the following: (e)

Preservation of grants for States that increase the minimum weight for commercial motor vehicles

The Secretary may not withhold grant funding from a State under this section solely because the State authorizes drivers of vehicles engaged in the transportation of agricultural commodities or farm supplies that have a gross vehicle weight of more than 10,000 pounds and less than 26,001 pounds, to operate without complying with Federal regulations relating to commercial motor vehicles. .