II 111th CONGRESS 1st Session S. 779 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.
1.
Short title
This Act may be cited as the Safe Highways and Infrastructure Preservation Act.
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.
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).
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.
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). .
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. .
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:
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. .