[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1450 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1450

To amend title 23, United States Code, to provide for the establishment 
     of a commercial truck safety program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2011

   Ms. Snowe introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 23, United States Code, to provide for the establishment 
     of a commercial truck safety program, 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 ``Commercial Truck Safety Act''.

SEC. 2. COMMERCIAL TRUCK SAFETY PROGRAM.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 413. Commercial truck safety program
    ``(a) Definition of Covered Truck.--In this section, the term 
`covered truck' means a 6-axle truck with a maximum gross weight of up 
to 100,000 pounds.
    ``(b) Program.--The Secretary shall establish a program to improve 
commercial motor vehicle safety on highways on the Interstate System in 
accordance with this section.
    ``(c) State Waivers for Covered Trucks on Interstate System.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of this section, the Secretary shall initiate a 
        rulemaking to establish, by regulation, a demonstration program 
        under which the Governor of a State may request from the 
        Secretary, and the Secretary may grant, a 3-year waiver to 
        covered trucks to operate on highways on the Interstate System 
        in the State.
            ``(2) Submission of request.--The Governor of a State 
        seeking a waiver under this subsection shall submit to the 
        Secretary a request for the waiver that includes--
                    ``(A) a description of the proposed route of each 
                highway, or portion of a highway, on the Interstate 
                System on which covered trucks would be permitted to 
                operate;
                    ``(B) a certification by the chief engineer of the 
                State transportation department that the proposed route 
                could safely accommodate traffic that includes covered 
                trucks;
                    ``(C) a certification that the Interstate System 
                within the State is maintained in good repair; and
                    ``(D) such other information as the Secretary may 
                require.
            ``(3) Determinations.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) not later than 30 days after the date 
                        of receipt of a waiver request under paragraph 
                        (2)--
                                    ``(I) acknowledge receipt of the 
                                request; and
                                    ``(II) commence a review of the 
                                waiver request; and
                            ``(ii) not later than 90 days after the 
                        date of receipt, notify the Governor and 
                        appropriate members of the State legislature of 
                        the decision of the Secretary on the request.
                    ``(B) Disapproval.--If the Secretary disapproves a 
                request for a waiver under this subsection, the 
                Secretary shall include with the notice of disapproval 
                the specific safety concerns of the Secretary with 
                respect to the highways covered by the request.
                    ``(C) Failure to act.--A request for a waiver shall 
                be considered to be approved under this subsection if 
                the Secretary fails--
                            ``(i) to approve or disapprove a request in 
                        accordance with subparagraph (A); or
                            ``(ii) to include with a notice of 
                        disapproval the specific safety concerns of the 
                        Secretary as required by subparagraph (B).
            ``(4) Data collection and review.--
                    ``(A) In general.--As a condition of receiving a 
                waiver under this subsection, a State transportation 
                department that receives such a waiver shall--
                            ``(i) collect data on the effects of the 
                        waiver (particularly the effects on accident 
                        rates involving heavier trucks);
                            ``(ii) establish a safety committee to 
                        review the data; and
                            ``(iii) establish rules and operating 
                        procedures for the program under this section.
                    ``(B) Safety committee.--The safety committee of a 
                State referred to in subparagraph (A)(ii) shall--
                            ``(i) be appointed by the Governor of the 
                        State;
                            ``(ii) at a minimum, consist of--
                                    ``(I) 1 member of the traveling 
                                public;
                                    ``(II) 1 member from a business 
                                that uses truck transportation 
                                services;
                                    ``(III) 1 commercial truck driver;
                                    ``(IV) 1 professional engineer from 
                                the State department of transportation; 
                                and
                                    ``(V) 1 member of a highway safety 
                                group; and
                            ``(iii) submit to the State and the 
                        Secretary, for each of the 3 years a waiver 
                        received under this subsection is in effect, an 
                        annual report describing the data reviewed by 
                        the safety committee during the year covered by 
                        the report.
                    ``(C) Record of approval.--At the end of the 3-year 
                period of the program under this subsection, unless the 
                Secretary, with the advice of the safety committee of a 
                State established under subparagraph (A)(ii), 
                determines that a waiver granted to the State under 
                this subsection has resulted in an adverse impact on 
                highway safety in the State and publishes the 
                determination in the Federal Register, the waiver 
                provided to the State under this section shall be 
                considered to be permanent.
                    ``(D) Waiver of vehicle weight limits.--
                Notwithstanding section 127(a), a State that receives a 
                waiver under this subsection shall not lose any 
                apportionment to the State under chapter 1 by reason of 
                noncompliance with any of the vehicle weight provisions 
                of section 127 applicable to the use of certain 
                vehicles weighing over 80,000 pounds on a highway.''.

SEC. 3. CONFORMING AMENDMENT.

    The analysis for chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:

``413. Commercial truck safety program.''.
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