[Congressional Record Volume 151, Number 6 (Wednesday, January 26, 2005)]
[Senate]
[Pages S575-S577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           SAFE HIGHWAYS ACT

  S. 95 was introduced on January 24, 2005. The text of the bill is as 
follows:

                                 S. 95

       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) Restricted Property-Carrying Unit Defined.--Section 
     31111(a)(1) of title 49, United States Code, is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Restricted property-carrying unit.--The term 
     `restricted property-carrying unit' means any trailer, semi-
     trailer, 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)(C) of title 49, United 
     States Code, is amended to read as follows:
       ``(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 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 
     such 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 statutes, 
     regulations, limitations and conditions, including routing-
     specific, commodity-specific, and configuration-specific 
     designations and all other restrictions, in force on June 1, 
     2003.
       ``(C) Fire-fighting units.--Subsection (b)(1)(C) shall not 
     apply to the operation of a restricted property-carrying unit 
     that is used exclusively for fire-fighting.
       ``(2) Listing of restricted property-carrying units.--
       ``(A) In general.--Not later than 60 days after the date of 
     enactment of the Safe Highways and Infrastructure 
     Preservation Act, 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 statute or regulation on June 1, 2003, and 
     in actual and lawful operation on a regular or periodic basis 
     (including seasonal operations) on or before June 1, 2003.
       ``(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 or regulation could have 
     authorized the operation of the unit at some prior date by 
     permit or otherwise.
       ``(C) Publication of final list.--Not later than 270 days 
     after the date of enactment of the Safe Highways and 
     Infrastructure Preservation Act, 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 apply to any new 
     designation made to the National Highway System and 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.--This 
     subsection does not prevent a State from further restricting 
     in any manner or prohibiting the operation of a restricted 
     property-carrying unit if the restrictions or prohibitions 
     are be consistent with the requirements of 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''.

[[Page S576]]

     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) General rule.--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 
     one property-carrying unit (not including the truck tractor) 
     whose property-carrying units are more than--
       ``(A) the maximum combination trailer, semitrailer, or 
     other type of length limitation allowed by law or regulation 
     of that State on June 1, 2003, 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, 2003.
       ``(2) Additional limitations.--
       ``(A) Applicability of state restrictions.--A commercial 
     motor vehicle combination whose operation 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, regulations, limitations, and 
     conditions, including routing-specific and configuration-
     specific designations and all other restrictions in force in 
     the State on June 1, 2003. However, subject to regulations 
     prescribed by the Secretary under subsection (h), the State 
     may make minor adjustments of a temporary and emergency 
     nature to route designations and vehicle operating 
     restrictions in effect on June 1, 2003, for specific safety 
     purposes and road construction.
       ``(B) Additional state restrictions.--This subsection does 
     not prevent a State from further restricting in any manner or 
     prohibiting the operation of a commercial motor vehicle 
     combination subject to this section if the restrictions or 
     prohibitions are consistent with this section and sections 
     31113(a), 31113(b), and 31114.
       ``(C) Minor adjustments.--A State making a minor adjustment 
     of a temporary and emergency nature as authorized by 
     subparagraph (A) or further restricting or prohibiting the 
     operation of a commercial motor vehicle combination as 
     authorized by subparagraph (B) shall advise the Secretary not 
     later than 30 days after the action. The Secretary shall 
     publish a notice of the action in the Federal Register.
       ``(3) List of state length limitations.--
       ``(A) State submissions.--Not later than 60 days after the 
     date of enactment of the Safe Highways and Infrastructure 
     Preservation Act, 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). The 
     list shall indicate the applicable State laws and regulations 
     associated with the length limitations. If a State does not 
     submit the information as required, the Secretary shall 
     complete and file the information for the State.
       ``(B) Publication of interim list.--Not later than 90 days 
     after the date of enactment of the Safe Highways and 
     Infrastructure Preservation Act, the Secretary shall publish 
     an interim list in the Federal Register consisting of all 
     information submitted under subparagraph (A). The Secretary 
     shall review for accuracy all information submitted by a 
     State under subparagraph (A) and shall solicit and consider 
     public comment on the accuracy of the information.
       ``(C) Limitation.--A law or regulation may not be included 
     on the list submitted by a State or published by the 
     Secretary merely because it 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, 2003.
       ``(D) Publication of final list.--Except as revised under 
     this subparagraph or subparagraph (E), the list shall be 
     published as final in the Federal Register not later than 270 
     days after the date of enactment of the Safe Highways and 
     Infrastructure Preservation Act. In publishing the final 
     list, the Secretary shall make any revisions necessary to 
     correct inaccuracies identified under subparagraph (B). 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.--On the Secretary's own motion or on 
     request by any person (including a State), the Secretary 
     shall review the list published under subparagraph (D). If 
     the Secretary decides there is reason to believe a mistake 
     was made in the accuracy of the list, the Secretary shall 
     begin a proceeding to decide whether a mistake was made. If 
     the Secretary decides there was a mistake, the Secretary 
     shall publish the correction.''.
       (b) Conforming Amendments.--Section 31112 of title 49, 
     United States Code, is amended--
       (1) by inserting ``126(e) or'' before ``127(d)'' in 
     paragraph (1) of subsection (g) (as redesignated by 
     subsection (a) of this section);
       (2) by inserting ``(or June 1, 2003, with respect to 
     highways described in subsection (f)(1))'' after ``June 2, 
     1991'' in paragraph (3) of subsection (g) (as redesignated by 
     subsection (a) of this section);
       (3) by striking ``Not later than June 15, 1992, the 
     Secretary'' and inserting ``The Secretary''; and
       (4) by inserting ``or (f)'' after ``subsection (d)''in 
     paragraph (2) of subsection (h) (as redesignated by 
     subsection (a) of this section).

     SEC. 4. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS.

       (a) In General.--Section 127 of title 23, United States 
     Code, is amended by adding at the end the following:
       ``(h) Grandfather Rights.--
       ``(1) General rule.--After the 270th day following the date 
     of enactment of the Safe Highways and Infrastructure 
     Preservation Act, 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 (2).
       ``(2) List of vehicles and combinations.--
       ``(A) Proceeding.--Not later than 60 days after the date of 
     enactment of the Safe Highways and Infrastructure 
     Preservation Act, 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, 2003, could be lawfully 
     operated within such 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 the date of enactment of 
     the Federal-Aid Highway Amendments of 1974; 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, 2003.
       ``(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 or regulation could have authorized the operation of the 
     vehicle or combination at some prior date by permit or 
     otherwise.
       ``(C) Publication of final list.--Not later than 270 days 
     after the date of enactment of the Safe Highways and 
     Infrastructure Preservation Act, the Secretary shall publish 
     a final list of vehicles and combinations described in 
     subparagraph (A).
       ``(3) Limitation on statutory construction.--This 
     subsection does not prevent 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 (2)(C) as long as no such reduction 
     results in a limitation that is less than an Interstate 
     weight limit.
       ``(4) Applicability of existing requirements.--All vehicles 
     and combinations included on the list published under 
     paragraph (2) shall be subject to all routing-specific, 
     commodity-specific, and weight-specific designations in force 
     in a State on June 1, 2003.
       ``(5) Interstate weight limit defined.--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) on a group of 2 or more 
     consecutive axles produced by application of the formula in 
     subsection (a).''.
       (b) Conforming Amendment.--The fourth sentence of section 
     127(a) 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, is further 
     amended by adding at the end the following:
       ``(i) Nondivisible Loads.--
       ``(1) Proceeding.--Not later than 60 days after the date of 
     enactment of the Safe Highways and Infrastructure 
     Preservation Act, the Secretary shall initiate a proceeding 
     to define the term `vehicles and loads which cannot be easily 
     dismantled or divided' as used in subsection (a) and section 
     31112 of title 49.
       ``(2) List of commodities.--
       ``(A) In general.--The definition developed under paragraph 
     (1) 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 (1) shall not be interpreted to be a comprehensive 
     list of commodities that do not qualify as nondivisible 
     loads.
       ``(3) Regulations.--Not later than 270 days after the date 
     of enactment of the Safe Highways and Infrastructure 
     Preservation Act, the Secretary shall issue final regulations

[[Page S577]]

     setting forth the determination of the Secretary made under 
     paragraph (1). The Secretary shall update the regulations as 
     necessary.
       ``(4) Applicability.--Regulations issued under paragraph 
     (2) shall apply to all vehicles and loads operating on the 
     National Highway System.
       ``(5) State requirements.--A State may establish any 
     requirement that is not inconsistent with regulations issued 
     under paragraph (2).
       ``(6) 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.''.

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

       Section 127 of title 23, United States Code, is further 
     amended by adding at the end the following:
       ``(j) Waivers During Periods of National Emergency.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section or section 126, 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 126 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.--Title 23, United States Code, is amended 
     by inserting after section 125 the following:

     ``Sec. 126. Vehicle weight limitations--National Highway 
       System

       ``(a) Non-Interstate Highways on NHS.--
       ``(1) In general.--After the 270th day after the date of 
     enactment of the Safe Highways and Infrastructure 
     Preservation Act, 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 such 
     State, unless such segments are subject to lower State weight 
     limits as provided for in subsection (d).
       ``(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, 2003, a State may 
     allow the operation of any vehicle or combination (other than 
     a longer combination vehicle) on such segment that the 
     Secretary determines under subsection (b) could be lawfully 
     operated on such segment on June 1, 2003.
       ``(B) Applicability of state laws and regulations.--All 
     operations described in subparagraph (A) shall continue to be 
     subject to all State statutes, regulations, limitations and 
     conditions, including routing-specific, commodity-specific, 
     and configuration-specific designations and all other 
     restrictions, in force on June 1, 2003.
       ``(3) New highways.--Subject to subsection (d)(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, 2003, shall be the Interstate weight limit.
       ``(b) 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 on June 1, 2003.
       ``(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, on June 1, 2003, 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), which were in actual and lawful 
     operation on a regular or periodic basis (including seasonal 
     operations) on June 1, 2003.
       ``(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 or regulation could have 
     authorized such operation at some prior date by permit or 
     otherwise.
       ``(4) Publication of final list.--Not later than 270 days 
     after the date of enactment of the Safe Highways and 
     Infrastructure Preservation Act, 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 (1) as necessary to reflect new 
     designations made to the National Highway System.
       ``(c) Applicability of Limitations.--The limitations 
     established by subsection (a) shall apply to any new 
     designation made to the National Highway System and remain in 
     effect on those non-Interstate highways that cease to be 
     designated as part of the National Highway System.
       ``(d) Limitations on Statutory Construction.--
       ``(1) State enforcement of more restrictive weight 
     limits.--This section does not prevent 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.--This section 
     does not prevent a State from reducing the State's gross 
     vehicle weight limitation, single or tandem axle weight 
     limitations, or the overall maximum gross weight on 2 or more 
     consecutive axles on any non-Interstate segment of the 
     National Highway System.
       ``(e) Longer Combination Vehicles.--
       ``(1) Prohibition.--
       ``(A) In general.--After the 270th day after the date of 
     enactment of the Safe Highways and Infrastructure 
     Preservation Act, 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 authorized by 
     State officials pursuant to State statute or regulation on 
     June 1, 2003, and in actual and lawful operation on a regular 
     or periodic basis (including seasonal operations) on or 
     before June 1, 2003.
       ``(B) Applicability of state laws and regulations.--All 
     operations described in subparagraph (A) shall continue to be 
     subject to all State statutes, regulations, limitations and 
     conditions, including routing-specific, commodity-specific, 
     and configuration-specific designations and all other 
     restrictions, in force on June 1, 2003.
       ``(2) Listing of vehicles and combinations.--
       ``(A) In general.--Not later than 60 days after the date of 
     enactment of the Safe Highways and Infrastructure 
     Preservation Act, 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 on June 1, 2003.
       ``(B) Limitation.--A longer combination vehicle may not be 
     included on the list published under subparagraph (A) on the 
     basis that a State law or regulation could have authorized 
     the operation of such vehicle at some prior date by permit or 
     otherwise.
       ``(C) Publication of final list.--Not later than 270 days 
     after the date of enactment of the Safe Highways and 
     Infrastructure Preservation Act, 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 (A) as necessary to reflect new 
     designations made to the National Highway System.
       ``(3) Limitation on statutory construction.--This 
     subsection does not prevent a State from further restricting 
     in any manner or prohibiting the operation of a longer 
     combination vehicle if the restrictions or prohibitions are 
     consistent with the requirements of section 127 of this title 
     and sections 31112 through 31114 of title 49, United States 
     Code.
       ``(f) 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) Purpose.--The purpose of the schedule of fines shall 
     be to ensure that fines are sufficient to deter violations of 
     the requirements of this section and to permit States to 
     recover costs associated with damages caused to the National 
     Highway System by the operation of such vehicles.
       ``(3) Adoption by states.--The Secretary shall encourage 
     but not require States to adopt the schedule of fines.
       ``(g) Definitions.--In this section:
       ``(1) Interstate weight limit.--The term `Interstate weight 
     limit' has the meaning given that term in section 127(h).
       ``(2) Longer combination vehicle.--The term `longer 
     combination vehicle' has the meaning given that term in 
     section 127(d).''.
       (b) Enforcement of Requirements.--Section 141(a) of title 
     23, United States Code, is amended--
       (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 
     126 and 127''.
       (c) Conforming Amendment.--The chapter analysis for 
     subchapter I of chapter 1 of title 23, United States Code, is 
     amended by inserting after the item relating to section 125 
     the following:

``126. Vehicle weight limitations--National Highway System.''.

                          ____________________