[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 779 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 779

  To amend titles 23 and 49, United States Code, to modify provisions 
relating to the length and weight limitations for vehicles operating on 
             Federal-aid highways, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 1, 2009

Mr. Lautenberg 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, to modify provisions 
relating to the 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) Definition of Restricted Property-Carrying Unit.--Section 
31111(a) of title 49, United States Code, is amended by adding at the 
end the following:
            ``(5) Restricted property-carrying unit.--The term 
        `restricted property-carrying unit' means any trailer, 
        semitrailer, 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) of title 49, United 
        States Code, is amended by striking subparagraph (C) and 
        inserting the following:
            ``(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 on the date that is 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 the 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 laws (including regulations), 
                limitations, and conditions, including routing-
                specific, commodity-specific, and configuration-
                specific designations and all other restrictions, in 
                effect as of June 1, 2008.
                    ``(C) Firefighting units.--Subsection (b)(1)(C) 
                shall not apply to the operation of a restricted 
                property-carrying unit that is used exclusively for 
                firefighting.
            ``(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 law 
                (including a regulation) as of June 1, 2008, and in 
                actual and lawful operation on a regular or periodic 
                basis (including seasonal operations) on or before June 
                1, 2008.
                    ``(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 
                (including a regulation) could have authorized the 
                operation of the unit as of a 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--
                    ``(A) apply to any new designation made to the 
                National Highway System; and
                    ``(B) 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.--Nothing in 
        this subsection prevents a State from further restricting in 
        any manner or prohibiting the operation of a restricted 
        property-carrying unit, except that any such restriction or 
        prohibition shall be consistent with 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) In general.--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 1 
        property-carrying unit (not including the truck tractor) the 
        property-carrying units of which are more than--
                    ``(A) the maximum combination trailer, semitrailer, 
                or other type of length limitation allowed by law 
                (including a regulation) of that State as of June 1, 
                2008; 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, 
                2008.
            ``(2) Additional limitations.--
                    ``(A) Applicability of state restrictions.--
                            ``(i) In general.--Subject to clause (ii), 
                        a commercial motor vehicle combination the 
                        operation of which 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 
                        (including regulations), limitations, and 
                        conditions, including routing-specific and 
                        configuration-specific designations, and all 
                        other restrictions in effect in the State as of 
                        June 1, 2008.
                            ``(ii) Minor adjustments.--Subject to 
                        regulations promulgated by the Secretary under 
                        subsection (h), a State may make minor 
                        adjustments of a temporary and emergency nature 
                        to route designations and vehicle operating 
                        restrictions in effect as of June 1, 2008, for 
                        specific safety purposes and road construction.
                    ``(B) Additional state restrictions.--Nothing in 
                this subsection prevents 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 a restriction or 
                prohibition shall be consistent with this section and 
                sections 31113(a), 31113(b), and 31114.
                    ``(C) Minor adjustments.--
                            ``(i) In general.--A State making a minor 
                        adjustment of a temporary and emergency nature 
                        in accordance with subparagraph (A)(ii) or 
                        further restricting or prohibiting the 
                        operation of a commercial motor vehicle 
                        combination in accordance with subparagraph (B) 
                        shall advise the Secretary of the action not 
                        later than 30 days after the date on which the 
                        State takes the action.
                            ``(ii) Publication.--The Secretary shall 
                        publish a notice of an action taken by a State 
                        under clause (i) in the Federal Register.
            ``(3) List of state length limitations.--
                    ``(A) State submissions.--
                            ``(i) In general.--Not later than 60 days 
                        after the date of enactment of this 
                        subparagraph, 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), including the applicable State 
                        laws (including regulations) associated with 
                        the length limitations.
                            ``(ii) Failure to submit.--If a State does 
                        not submit the information required by clause 
                        (i), the Secretary shall compile and file the 
                        information on behalf of the State.
                    ``(B) Publication of interim list.--The Secretary 
                shall--
                            ``(i) not later than 90 days after the date 
                        of enactment of this subparagraph, publish an 
                        interim list in the Federal Register consisting 
                        of all information submitted under subparagraph 
                        (A);
                            ``(ii) review for accuracy all information 
                        submitted by a State under subparagraph (A); 
                        and
                            ``(iii) solicit and consider public comment 
                        on the accuracy of the information.
                    ``(C) Limitation.--A law (including a regulation) 
                may not be included on the list submitted by a State or 
                published by the Secretary merely because the law 
                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, 2008.
                    ``(D) Publication of final list.--
                            ``(i) In general.--Not later than 270 days 
                        after the date of enactment of this 
                        subparagraph, except as revised under this 
                        subparagraph or subparagraph (E), a final 
                        version of the list described in subparagraph 
                        (B) shall be published in the Federal Register.
                            ``(ii) Revisions.--In publishing the final 
                        list, the Secretary shall make any revisions 
                        necessary to correct inaccuracies identified 
                        under subparagraph (B).
                            ``(iii) Prohibition on operation.--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.--
                            ``(i) In general.--On the motion of the 
                        Secretary or on request by any person 
                        (including a State), the Secretary shall review 
                        the list published under subparagraph (D).
                            ``(ii) Determination.--If the Secretary 
                        determines that there is reason to believe a 
                        mistake was made in the accuracy of the list, 
                        the Secretary shall--
                                    ``(I) begin a proceeding to 
                                determine whether a mistake was made; 
                                and
                                    ``(II) if the Secretary makes an 
                                affirmative determination, publish the 
                                appropriate correction.''.
    (b) Conforming Amendments.--Section 31112 of title 49, United 
States Code, is amended--
            (1) in subsection (d)(1), in the second sentence, by 
        striking ``subsection (g)(2) of this section'' and inserting 
        ``subsection (h)(2)'';
            (2) in subsection (g)(1) (as redesignated by subsection 
        (a)) by inserting ``or 127A(e)'' after ``127(d)'';
            (3) in subsection (g)(3) (as redesignated by subsection 
        (a)) by inserting ``(or June 1, 2008, with respect to highways 
        described in subsection (f)(1))'' after ``June 2, 1991''; and
            (4) in paragraph (h)(2) (as redesignated by subsection 
        (a))--
                    (A) by striking ``Not later than June 15, 1992, the 
                Secretary'' and inserting ``The Secretary''; and
                    (B) by striking ``of this section'' and inserting 
                ``or (f)''.

SEC. 4. TERMINATION OF DETERMINATIONS OF GRANDFATHERED RIGHTS.

    (a) In General.--Section 127 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(i) Grandfathered Rights.--
            ``(1) Definition of interstate weight limit.--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) limitation on a 
        group of 2 or more consecutive axles produced by application of 
        the formula under subsection (a).
            ``(2) Limitation.--After the 270-day period beginning on 
        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 
        (3).
            ``(3) 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, 2008, could have been or could be 
                lawfully operated within the 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 January 4, 1975; 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, 2008.
                            ``(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 
                        (including a regulation) could have authorized 
                        the operation of the vehicle or combination as 
                        of a 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).
            ``(4) Limitation on effect of subsection.--Nothing in this 
        subsection prevents 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 (3)(C), but in no event may any such 
        reduction result in a limitation that is less than an 
        Interstate weight limit.
            ``(5) Applicability of existing requirements.--All vehicles 
        and combinations included on the list published under paragraph 
        (3) shall be subject to all routing-specific, commodity-
        specific, and weight-specific designations in effect in a State 
        as of June 1, 2008.''.
    (b) Conforming Amendment.--Section 127(a)(4) of 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 (as amended by section 
4), is amended by adding at the end the following:
    ``(j) Nondivisible Loads.--
            ``(1) 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.
            ``(2) 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 that cannot 
        be easily dismantled or divided' as used in subsection (a) and 
        section 31112 of title 49.
            ``(3) List of commodities.--
                    ``(A) In general.--The definition developed under 
                subparagraph (A) 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 (2) shall not be interpreted 
                to be a comprehensive list of commodities that do not 
                qualify as nondivisible loads.
            ``(4) Regulations.--The Secretary shall--
                    ``(A) not later than 270 days after the date of 
                enactment of this subsection, promulgate final 
                regulations setting forth the determination of the 
                Secretary made under paragraph (2); and
                    ``(B) update the regulations, as necessary.
            ``(5) Applicability.--Regulations promulgated under 
        paragraph (4) shall apply to all vehicles and loads operating 
        on the National Highway System.
            ``(6) State requirements.--A State may establish any 
        requirement that is not inconsistent with regulations 
        promulgated under paragraph (3).''.

SEC. 6. WAIVERS OF WEIGHT LIMITATIONS DURING PERIODS OF NATIONAL 
              EMERGENCY.

    Section 127 of title 23, United States Code (as amended by section 
5), is amended by adding at the end the following:
    ``(k) Waivers During Periods of National Emergency.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section or section 127A, 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 127A 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.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 127 the following:
``Sec. 127A. Vehicle weight limitations--National Highway System
    ``(a) Definitions.--In this section:
            ``(1) Interstate weight limit.--The term `Interstate weight 
        limit' has the meaning given the term in section 127(i).
            ``(2) Longer combination vehicle.--The term `longer 
        combination vehicle' has the meaning given the term in section 
        127(d).
    ``(b) Non-Interstate Highways on NHS.--
            ``(1) In general.--After the 270-day period beginning on 
        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 
        the State unless the segments are subject to lower State weight 
        limits as provided for under subsection (e).
            ``(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, 2008, 
                a State may allow the operation of any vehicle or 
                combination (other than a longer combination vehicle) 
                on the segment that the Secretary determines under 
                subsection (c) could be lawfully operated on the 
                segment as of June 1, 2008.
                    ``(B) Applicability of state laws and 
                regulations.--All operations described in subparagraph 
                (A) shall continue to be subject to all State laws 
                (including regulations), limitations, and conditions, 
                including routing-specific, commodity-specific, and 
                configuration-specific designations and all other 
                restrictions, in effect as of June 1, 2008.
            ``(3) New highways.--Subject to subsection (e)(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, 
        2008, shall be the Interstate weight limit.
    ``(c) 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 as of June 1, 2008.
            ``(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, as of 
                June 1, 2008, 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), that 
                were in actual and lawful operation on a regular or 
                periodic basis (including seasonal operations) as of 
                June 1, 2008.
            ``(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 (including a regulation) could 
        have authorized the operation on a 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 (4) as necessary to reflect new 
        designations made to the National Highway System.
    ``(d) Applicability of Limitations.--The limitations established by 
subsection (b) shall--
            ``(1) apply to any new designation made to the National 
        Highway System; and
            ``(2) remain in effect on those non-Interstate highways 
        that cease to be designated as part of the National Highway 
        System.
    ``(e) Limitations on Statutory Construction.--
            ``(1) State enforcement of more restrictive weight 
        limits.--Nothing in this section prevents 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.--Nothing in 
        this section prevents a State from reducing the gross vehicle 
        weight limitation, single or tandem axle weight limitations, or 
        the overall maximum gross weight on 2 or more consecutive axles 
        of the State on any non-Interstate segment of the National 
        Highway System.
    ``(f) Longer Combination Vehicles.--
            ``(1) Prohibition.--
                    ``(A) In general.--After the 270-day period 
                beginning on 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--
                            ``(i) authorized by State officials 
                        pursuant to State law (including a regulation) 
                        as of June 1, 2008; and
                            ``(ii) in actual and lawful operation on a 
                        regular or periodic basis (including seasonal 
                        operations) on or before June 1, 2008.
                    ``(B) Applicability of state laws and 
                regulations.--All operations described in subparagraph 
                (A) shall continue to be subject to all State laws 
                (including regulations), limitations, and conditions, 
                including routing-specific, commodity-specific, and 
                configuration-specific designations and all other 
                restrictions, in effect as of June 1, 2008.
            ``(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 as of June 1, 2008.
                    ``(B) Limitation.--A longer combination vehicle may 
                not be included on the list published under 
                subparagraph (A) on the basis that a State law 
                (including a regulation) could have authorized the 
                operation of the vehicle on a 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 (C) as necessary to 
                reflect new designations made to the National Highway 
                System.
            ``(3) Limitation on statutory construction.--Nothing in 
        this subsection prevents a State from further restricting in 
        any manner or prohibiting the operation of a longer combination 
        vehicle, except that any such restriction or prohibition shall 
        be consistent with section 127 of this title and sections 31112 
        through 31114 of title 49, United States Code.
    ``(g) 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) Purposes.--The purposes of the schedule of fines 
        shall be--
                    ``(A) to ensure that fines are sufficient to deter 
                violations of this section; and
                    ``(B) to permit States to recover costs associated 
                with damage caused to the National Highway System by 
                the operation of vehicles.
            ``(3) Adoption by states.--The Secretary shall encourage, 
        but not require, States to adopt the schedule of fines.''.
    (b) Enforcement of Requirements.--Section 141(a) of title 23, 
United States Code, is amended in the first sentence--
            (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 
        127 and 127A''.
    (c) Conforming Amendment.--The analysis for title 23, United States 
Code, is amended by inserting after the item relating to section 127 
the following:

``127A. Vehicle weight limitations--National Highway System.''.
                                 <all>