S 876 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 876CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

May 3, 2011CommentsClose CommentsPermalink

Mr. LAUTENBERG introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Safe Highways and Infrastructure Preservation Act’.CommentsClose CommentsPermalink

SEC. 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--CommentsClose CommentsPermalink





(1) by redesignating paragraph (3) as paragraph (5);CommentsClose CommentsPermalink





(2) by redesignating paragraph (2) as paragraph (3);CommentsClose CommentsPermalink





(3) by redesignating paragraph (4) as paragraph (2); andCommentsClose CommentsPermalink





(4) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink





‘(4) 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.’.CommentsClose CommentsPermalink





(b) Prohibition on Operation of Restricted Property-Carrying Units-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 31111(b)(1)(C) of title 49, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(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);’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date that is 270 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Limitations- Section 31111 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Restricted Property-Carrying Units-CommentsClose CommentsPermalink





‘(1) APPLICABILITY OF PROHIBITION-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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, limitations, and conditions, including routing-specific, commodity-specific, and configuration-specific designations and all other restrictions, in effect as of June 1, 2008.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) LISTING OF RESTRICTED PROPERTY-CARRYING UNITS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 60 days after the date of the enactment of this subsection, the Secretary shall initiate a proceeding to determine and publish a list of restricted property-carrying units that were--CommentsClose CommentsPermalink





‘(i) authorized by State officials pursuant to State law as of June 1, 2008; andCommentsClose CommentsPermalink





‘(ii) in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before June 1, 2008.CommentsClose CommentsPermalink





‘(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 could have authorized the operation of the unit as of a prior date, by permit or otherwise.CommentsClose CommentsPermalink





‘(C) PUBLICATION OF FINAL LIST- Not later than 270 days after the date of the enactment of this subsection, the Secretary shall publish a final list of restricted property-carrying units described in subparagraph (A).CommentsClose CommentsPermalink





‘(D) UPDATES- The Secretary shall update the list published under subparagraph (C) as necessary to reflect new designations made to the National Highway System.CommentsClose CommentsPermalink





‘(3) APPLICABILITY OF PROHIBITION- The prohibition established under subsection (b)(1)(C) shall--CommentsClose CommentsPermalink





‘(A) apply to any new designation made to the National Highway System; andCommentsClose CommentsPermalink





‘(B) remain in effect on those portions of the National Highway System that cease to be designated as part of the National Highway System.CommentsClose CommentsPermalink





‘(4) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this subsection may be construed to prevent 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 the provisions of this subchapter.’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink

SEC. 3. OPERATION OF LONGER COMBINATION VEHICLES ON NATIONAL HIGHWAY SYSTEM.

(a) In General- Section 31112 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (e) the following:CommentsClose CommentsPermalink





‘(f) National Highway System-CommentsClose CommentsPermalink





‘(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 (excluding the truck tractor) if the property-carrying units are more than--CommentsClose CommentsPermalink





‘(A) the maximum combination trailer, semitrailer, or other type of length limitation allowed by applicable State law as of June 1, 2008; orCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) ADDITIONAL LIMITATIONS-CommentsClose CommentsPermalink





‘(A) APPLICABILITY OF STATE RESTRICTIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Subject to clause (ii), a commercial motor vehicle combination that is not prohibited from operating in a State under paragraph (1) may continue to operate in that State on highways described in paragraph (1) if such operation complies with all applicable State laws, limitations, and conditions, including routing-specific and configuration-specific designations, and all other restrictions in effect in that State as of June 1, 2008.CommentsClose CommentsPermalink





‘(ii) MINOR ADJUSTMENTS- Subject to regulations promulgated by the Secretary under subsection (h), a State may make minor temporary and emergency adjustments to route designations and vehicle operating restrictions in effect as of June 1, 2008, for specific safety purposes and road construction.CommentsClose CommentsPermalink





‘(B) ADDITIONAL STATE RESTRICTIONS- Nothing in this subsection may be construed to prevent a State from further restricting 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.CommentsClose CommentsPermalink





‘(C) MINOR ADJUSTMENTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 30 days after the date on which a State makes 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), the State shall advise the Secretary of the action.CommentsClose CommentsPermalink





‘(ii) PUBLICATION- The Secretary shall publish a notice of an action taken by a State under clause (i) in the Federal Register.CommentsClose CommentsPermalink





‘(3) LIST OF STATE LENGTH LIMITATIONS-CommentsClose CommentsPermalink





‘(A) STATE SUBMISSIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 60 days after the date of the enactment of this subparagraph, each State shall submit to the Secretary 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 associated with the length limitations.CommentsClose CommentsPermalink





‘(ii) FAILURE TO SUBMIT- If a State fails to submit the information required under clause (i), the Secretary shall compile and file the information on behalf of the State.CommentsClose CommentsPermalink





‘(B) PUBLICATION OF INTERIM LIST- The Secretary shall--CommentsClose CommentsPermalink





‘(i) publish an interim list in the Federal Register consisting of all information submitted under subparagraph (A) not later than 90 days after the date of the enactment of this subparagraph;CommentsClose CommentsPermalink





‘(ii) review for accuracy all information submitted by a State under subparagraph (A); andCommentsClose CommentsPermalink





‘(iii) solicit and consider public comment on the accuracy of the information.CommentsClose CommentsPermalink





‘(C) LIMITATION- A law 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.CommentsClose CommentsPermalink





‘(D) PUBLICATION OF FINAL LIST-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 270 days after the date of the enactment of this subparagraph, the Secretary shall publish a final version of the list described in subparagraph (B) in the Federal Register, as revised under this subparagraph or subparagraph (E).CommentsClose CommentsPermalink





‘(ii) REVISIONS- In publishing the final list, the Secretary shall make any revisions necessary to correct inaccuracies identified under subparagraph (B).CommentsClose CommentsPermalink





‘(iii) PROHIBITION ON OPERATION- After the final list is published under this subparagraph, commercial motor vehicle combinations prohibited under paragraph (1) may not operate on a highway described in paragraph (1) unless included on the list.CommentsClose CommentsPermalink





‘(E) INACCURACIES-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(ii) DETERMINATION- If the Secretary determines that there is reason to believe a mistake was made in the accuracy of the list--CommentsClose CommentsPermalink





‘(I) the Secretary shall begin a proceeding to determine whether a mistake was made; andCommentsClose CommentsPermalink





‘(II) if the Secretary makes an affirmative determination under subclause (I), the Secretary shall publish the appropriate correction.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Section 31112 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (d)(1), by striking ‘subsection (g)(2) of this section’ and inserting ‘subsection (h)(2)’;CommentsClose CommentsPermalink





(2) in subsection (g), as redesignated by subsection (a)(1)--CommentsClose CommentsPermalink





(A) in paragraph (1), by inserting ‘or 127A(e)’ after ‘127(d)’; andCommentsClose CommentsPermalink





(B) in paragraph (3), by inserting ‘(or June 1, 2008, with respect to highways described in subsection (f)(1))’ after ‘June 2, 1991’; andCommentsClose CommentsPermalink





(3) in paragraph (h)(2), as redesignated by subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘Not later than June 15, 1992, the Secretary’ and inserting ‘The Secretary’; andCommentsClose CommentsPermalink





(B) by striking ‘of this section’ and inserting ‘or (f)’.CommentsClose CommentsPermalink

SEC. 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:CommentsClose CommentsPermalink





‘(i) Grandfathered Rights-CommentsClose CommentsPermalink





‘(1) DEFINITION OF INTERSTATE WEIGHT LIMIT- In this subsection and in section 127A, 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).CommentsClose CommentsPermalink





‘(2) LIMITATION- Beginning 270 days after the date of the 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).CommentsClose CommentsPermalink





‘(3) LIST OF VEHICLES AND COMBINATIONS-CommentsClose CommentsPermalink





‘(A) PROCEEDING- Not later than 60 days after the date of the 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--CommentsClose CommentsPermalink





‘(i) on July 1, 1956;CommentsClose CommentsPermalink





‘(ii) in the case of the overall gross weight of any group of 2 or more consecutive axles, on January 4, 1975; orCommentsClose CommentsPermalink





‘(iii) under a special rule applicable to a State under subsection (a).CommentsClose CommentsPermalink





‘(B) LIMITATIONS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 could have authorized the operation of the vehicle or combination as of a prior date by permit or otherwise.CommentsClose CommentsPermalink





‘(C) PUBLICATION OF FINAL LIST- Not later than 270 days after the date of the enactment of this subsection, the Secretary shall publish a final list of vehicles and combinations described in subparagraph (A).CommentsClose CommentsPermalink





‘(4) LIMITATION ON EFFECT OF SUBSECTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (B), nothing in this subsection may be construed to 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 (3)(C).CommentsClose CommentsPermalink





‘(B) LIMITATION- A reduction described in subparagraph (A) may not result in a limitation that is less than an Interstate weight limit.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 127(a)(4) of title 23, United States Code, is amended by striking ‘the State determines’.CommentsClose CommentsPermalink

SEC. 5. NONDIVISIBLE LOAD PROCEEDING.

Section 127 of title 23, United States Code, as amended by section 4, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(j) Nondivisible Loads-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) PROCEEDING- Not later than 60 days after the date of the 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.CommentsClose CommentsPermalink





‘(3) LIST OF COMMODITIES-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) REGULATIONS- The Secretary shall--CommentsClose CommentsPermalink





‘(A) promulgate final regulations setting forth the determination of the Secretary made under paragraph (2) not later than 270 days after the date of enactment of this subsection; andCommentsClose CommentsPermalink





‘(B) update such regulations, as necessary.CommentsClose CommentsPermalink





‘(5) APPLICABILITY- Regulations promulgated under paragraph (4) shall apply to all vehicles and loads operating on the National Highway System.CommentsClose CommentsPermalink





‘(6) STATE REQUIREMENTS- A State may establish any requirement that is not inconsistent with regulations promulgated under paragraph (4).’.CommentsClose CommentsPermalink

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

Section 127 of title 23, United States Code, as amended by sections 4 and 5, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(k) Waivers During Periods of National Emergency-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) APPLICABILITY- Emergency limits established under paragraph (1) shall preempt any inconsistent State vehicle weight limits.’.CommentsClose CommentsPermalink

SEC. 7. VEHICLE WEIGHT LIMITATIONS--NATIONAL HIGHWAY SYSTEM.

(a) In General- Chapter 1 of title 23, United States Code, is amended--CommentsClose CommentsPermalink





(1) in section 127(d)(4), by inserting ‘and in section 127A’ after ‘this section’; andCommentsClose CommentsPermalink





(2) by inserting after section 127 the following:CommentsClose CommentsPermalink

‘Sec. 127A. Vehicle weight limitations--National Highway System

‘(a) Non-Interstate Highways on National Highway System-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Beginning 270 days after the date of the 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 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 (d).CommentsClose CommentsPermalink





‘(2) EXISTING HIGHWAYS-CommentsClose CommentsPermalink





‘(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 (b) could have been lawfully operated on the segment on June 1, 2008.CommentsClose CommentsPermalink





‘(B) APPLICABILITY OF STATE LAWS- All operations described in subparagraph (A) shall continue to be subject to all State laws, limitations, and conditions, including routing-specific, commodity-specific, and configuration-specific designations and all other restrictions, in effect as of June 1, 2008.CommentsClose CommentsPermalink





‘(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 was not open to traffic on June 1, 2008, shall be the Interstate weight limit.CommentsClose CommentsPermalink





‘(b) Listing of Vehicles and Combinations-CommentsClose CommentsPermalink





‘(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, 2008.CommentsClose CommentsPermalink





‘(2) REQUIREMENTS- In publishing a list of vehicles and combinations under paragraph (1), the Secretary shall identify--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) PUBLICATION OF FINAL LIST- Not later than 270 days after the date of the enactment of this section, the Secretary shall publish a final list of vehicles and combinations described in paragraph (1).CommentsClose CommentsPermalink





‘(5) UPDATES- The Secretary shall update the list published under paragraph (4) as necessary to reflect new designations made to the National Highway System.CommentsClose CommentsPermalink





‘(c) Applicability of Limitations- The limitations established under subsection (a) shall--CommentsClose CommentsPermalink





‘(1) apply to any new designation made to the National Highway System; andCommentsClose CommentsPermalink





‘(2) remain in effect on those non-Interstate highways that cease to be designated as part of the National Highway System.CommentsClose CommentsPermalink





‘(d) Limitations on Statutory Construction-CommentsClose CommentsPermalink





‘(1) STATE ENFORCEMENT OF MORE RESTRICTIVE WEIGHT LIMITS- Nothing in this section may be construed to 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.CommentsClose CommentsPermalink





‘(2) STATE ACTIONS TO REDUCE WEIGHT LIMITS- Nothing in this section may be construed to prevent 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.CommentsClose CommentsPermalink





‘(e) Longer Combination Vehicles-CommentsClose CommentsPermalink





‘(1) PROHIBITION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Beginning 270 days after the date of the 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--CommentsClose CommentsPermalink





‘(i) authorized by State officials pursuant to State law (including a regulation) as of June 1, 2008; andCommentsClose CommentsPermalink





‘(ii) in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before June 1, 2008.CommentsClose CommentsPermalink





‘(B) APPLICABILITY OF STATE LAWS- All operations described in subparagraph (A) shall continue to be subject to all State laws, limitations, and conditions, including routing-specific, commodity-specific, and configuration-specific designations and all other restrictions, in effect as of June 1, 2008.CommentsClose CommentsPermalink





‘(2) LISTING OF VEHICLES AND COMBINATIONS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(D) UPDATES- The Secretary shall update the list published under subparagraph (C) as necessary to reflect new designations made to the National Highway System.CommentsClose CommentsPermalink





‘(3) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this subsection may be construed to prevent 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.CommentsClose CommentsPermalink





‘(f) Model Schedule of Fines-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) PURPOSES- The purposes of the schedule of fines shall be--CommentsClose CommentsPermalink





‘(A) to ensure that fines are sufficient to deter violations of this section; andCommentsClose CommentsPermalink





‘(B) to permit States to recover costs associated with damage caused to the National Highway System by the operation of vehicles.CommentsClose CommentsPermalink





‘(3) ADOPTION BY STATES- The Secretary shall encourage States to adopt the schedule of fines.’.CommentsClose CommentsPermalink





(b) Enforcement of Requirements- Section 141(a) of title 23, United States Code, is amended by striking ‘the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System in accordance with section 127 of this title’ and inserting ‘the National Highway System, including the Interstate System, in accordance with sections 127 and 127A’.CommentsClose CommentsPermalink





(c) Conforming Amendment- The chapter analysis for title 23, United States Code, is amended by inserting after the item relating to section 127 the following:CommentsClose CommentsPermalink





‘127A. Vehicle weight limitations--National Highway System.’.CommentsClose CommentsPermalink