Commercial truck safety program

(a)

In general

Chapter 4 of title 23, United States Code, is amended by adding at the end the following:

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.