II 112th CONGRESS 1st Session S. 747 IN THE SENATE OF THE UNITED STATES April 6 (legislative day, April 5), 2011 Mr. Crapo (for himself, Mr. Kohl, Ms. Collins, and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title 23, United States Code, with respect to vehicle weight limitations applicable to the Interstate System, and for other purposes.

1.

Short title

This Act may be cited as the Safe and Efficient Transportation Act of 2011.

2.

Modernized weight limitations for certain vehicles

Section 127 of title 23, United States Code, is amended by adding at the end the following: (i)

Additional exception to weight requirements

(1)

In general

Notwithstanding subsection (a), a State may authorize a vehicle with a maximum gross weight, including all enforcement tolerances, that exceeds the maximum gross weight otherwise applicable under subsection (a) to operate on the Interstate System routes in the State, if— (A)the vehicle is equipped with at least 6 axles; (B)the weight of any single axle on a vehicle does not exceed 20,000 pounds, including enforcement tolerances; (C)the weight of any tandem axle on a vehicle does not exceed 34,000 pounds, including enforcement tolerances; (D)the weight of any group of 3 or more axles on a vehicle does not exceed 51,000 pounds, including enforcement tolerances; and (E)the gross weight of the vehicle does not exceed 97,000 pounds, including enforcement tolerances. (2)

Special Rules

(A)

Special exception for certain states

This subsection shall not apply to any vehicle exceeding the maximum gross weight requirements under subsection (a) which could have operated lawfully within a State before the date of the enactment of this subsection or otherwise restrict a vehicle that may lawfully operate under another provision of this section. (B)

Increase in axle weight requirement

A State may authorize a vehicle to exceed the maximum axle weight requirements under any one axle grouping in subparagraph (B), (C), or (D) of paragraph (1) by not more than 2,000 pounds. (3)

Approval by State legislature

Any State seeking to authorize a vehicle to operate on the Interstate System routes within its boundaries under paragraph (1) or to increase the maximum axle weight requirements under paragraph (2) shall do so pursuant to authority provided by State by statute. (4)

Reporting requirements

(A)

Annual Report

If a State authorizes vehicles described in paragraph (1) to operate on highway routes in the State in a fiscal year, the State shall submit to the Secretary for the fiscal year an annual report at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, the following: (i)An identification of highway routes in the State, including routes not on the Interstate System, on which the State authorizes vehicles described in paragraph (1) to operate. (ii)A description of the operating requirements and gross vehicle weight limits applicable to the vehicles described in paragraph (1). (iii)Safety statistics, including vehicle miles traveled data, concerning the vehicles described in paragraph (1). (B)

5-year assessments

Following the 5th fiscal year in which a State authorizes vehicle operations described in paragraph (1), and following each 5th fiscal year thereafter, the State shall include in the State’s annual report under subparagraph (A) an assessment, developed by the Secretary under regulation, of the impacts that vehicles described in paragraph (1) have had on pavement and bridge maintenance costs incurred by the State in the preceding 5 fiscal years. (C)

Public availability

The Secretary shall make all information required under subparagraph (A) and (B) available to the public. (5)

Termination

The Secretary may terminate the operation of vehicles authorized under this subsection on a specific route if the Secretary determines that such operation poses an unreasonable safety risk based on an engineering analysis or an analysis of safety data or any other applicable data the Secretary may use. (6)

Waiver of highway funding reduction

Notwithstanding subsection (a), the total amount of funds apportioned to each State under section 104(b)(1) for any period may not be reduced under subsection (a) if the State authorizes a vehicle described in paragraph (1) to operate on the Interstate System in the State in accordance with this subsection or subsection (j). (j)

Vehicles lawfully operating on December 1, 2010

In addition to authority otherwise provided to a State under this section, a State may permit a vehicle with a gross vehicle weight which could have lawfully operated on the Interstate System in the State on December 1, 2010, to operate on the Interstate System in that State upon enactment of this subsection. .

3.

Safe and efficient vehicle bridge infrastructure improvement program

(a)

In general

Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section:

167.

Safe and efficient vehicle bridge infrastructure improvement program

(a)

Establishment

The Secretary shall establish a safe and efficient vehicle bridge infrastructure improvement program in accordance with this section. (b)

Apportionment of funds to eligible States

(1)

In general

On October 1 of each fiscal year, the Secretary shall apportion, in accordance with paragraph (2), the sums made available out of the Safe and Efficient Vehicle Trust Fund for that fiscal year to carry out this section. (2)

Ratio to eligible States

The sums made available out of the Safe and Efficient Vehicle Trust Fund shall be apportioned among eligible States in a ratio that— (A)the total vehicle miles traveled on Interstate System highways by vehicles authorized to travel on such highways pursuant to section 127(i) in each eligible State, as determined by the Secretary; bears to (B)the total vehicle miles traveled on Interstate System highways by vehicles authorized to travel on such highways pursuant to section 127(i) in all eligible States, as determined by the Secretary. (c)

Eligible Projects

An eligible State that receives an apportionment in a fiscal year under subsection (b) shall use the amounts of the apportionment for projects eligible for assistance under section 144 for bridges determined to be eligible for replacement or rehabilitation under subsection (b) or (c) of such section. (d)

Contract Authority

Funds made available out of the Safe and Efficient Vehicle Trust Fund to carry out this section shall be available for obligation in the same manner as if the funds were made available from the Highway Trust Fund (other than the Mass Transit Account). (e)

Eligible State defined

In this section the term eligible State means a State that authorizes a vehicle described in section 127(i) to operate on the Interstate System within its borders.

. (b)

Clerical amendment

The table of sections of chapter 1 of title 23, United States Code, is amended by adding at the end the following: 167. Safe and efficient vehicle bridge infrastructure improvement program. .

4.

Safe and efficient vehicle charges

(a)

In general

Subsection (a) of section 4481 of the Internal Revenue Code of 1986 is amended by adding at the end the following: In the case of the use of any highway motor vehicle described in section 127(i) of title 23, United States Code, in lieu of the rate in the table, the rate shall be equal to the lesser of—(1)$100 per year, plus $22 for each 1,000 pounds (or fraction thereof) in excess of 55,000 pounds, or (2)$800 per year. . (b)

Effective date

The amendment made by this section shall apply to taxable periods beginning after the date of the enactment of this Act.

5.

Safe and Efficient Vehicle Trust Fund

(a)

In general

Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to the trust fund code) is amended by adding at the end the following new section:

9512.

Safe and Efficient Vehicle Trust Fund

(a)

Creation of fund

There is hereby established in the Treasury of the United States a fund to be known as the Safe and Efficient Vehicle Trust Fund, consisting of such amounts as may be— (1)appropriated to the Safe and Efficient Vehicle Trust Fund as provided in this section, or (2)credited to the Safe and Efficient Vehicle Trust Fund as provided in section 9602(b). (b)

Transfer to Safe and Efficient Vehicle Trust Fund of amounts equivalent to certain taxes

There are hereby appropriated to the Safe and Efficient Vehicle Trust Fund amounts equivalent to the taxes received in the Treasury under section 4481(a) which are attributable to the use of any highway motor vehicle described in section 127(i) of title 23, United States Code. (c)

Expenditures from Safe and Efficient Vehicle Trust Fund

Amounts in the Safe and Efficient Vehicle Trust Fund shall be available, as provided by appropriations Acts, for fiscal years beginning 1 year after the date of the enactment of this Act for projects eligible for assistance under section 144 of title 23, United States Code.

. (b)

Conforming amendments

(1)Paragraph (1) of section 9503(b) of such Code is amended by striking the period at the end and inserting , and taxes received under section 4481 shall be determined without regard to those received in the Treasury under section 4481(a) which are attributable to the use of any highway motor vehicle described in section 127(i) of title 23, United States Code.. (2)The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: Sec. 9512. Safe and Efficient Vehicle Trust Fund. . (c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act.