I

108TH CONGRESS

1ST SESSION H. R. 2180

To amend titles 23 and 49, United States Code, concerning length and

weight limitations for vehicles operating on Federal-aid highways, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 21, 2003

Mr. MCGOVERN (for himself, Mr. OBERSTAR, Mr. LATOURETTE, Ms.

DELAURO, Mr. BLUMENAUER, Mrs. TAUSCHER, Mr. WOLF, Ms. BERKLEY, Mr. SMITH of New Jersey, Mr. HONDA, Mr. CAPUANO, Mr.

WELDON of Florida, Mr. MENENDEZ, Ms. CORRINE BROWN of Florida,

Mr. BOEHLERT, Mr. LIPINSKI, Ms. MILLENDER-MCDONALD, Ms. NORTON, Mr. SHIMKUS, Mr. BISHOP of New York, Mr. PLATTS, Mr.

PASCRELL, Mr. COSTELLO, Mr. FILNER, Mr. SABO, Mr. TAYLOR of Mississippi, Mr. LAMPSON, Mr. NADLER, Mr. HOEFFEL, Mr. CONYERS, Mr.

FRANK of Massachusetts, Mr. STARK, Mr. WEXLER, Mr. DUNCAN, Ms.

EDDIE BERNICE JOHNSON of Texas, Mr. WEINER, Mr. SANDERS, Mr.

MCDERMOTT, Mrs. JONES of Ohio, Mr. JOHNSON of Illinois, Mr. WAXMAN, Mr. DINGELL, Mr. MARKEY, Mr. GILCHREST, Mr. DICKS, Mr.

FORD, Mr. EHLERS, Mr. CROWLEY, Mr. DAVIS of Florida, Mr. COLE,

Mr. WATT, Mr. RODRIGUEZ, Mr. TOM DAVIS of Virginia, Mr. INSLEE,

Mr. FATTAH, Mr. GRIJALVA, Mr. STEARNS, Mrs. NAPOLITANO, Mr.

ETHERIDGE, Mr. KIRK, Mr. KILDEE, Mr. ANDREWS, Ms. MCCARTHY of

Missouri, Mr. EVANS, Mr. CULBERSON, Mr. OLVER, Ms. MCCOLLUM,

Mr. VAN HOLLEN, Ms. ROYBAL-ALLARD, Mr. HINCHEY, Mr. KUCINICH,

Mr. DOYLE, Mr. GORDON, Mrs. BONO, Mrs. MALONEY, Mr. BROWN of

Ohio, Mr. AKIN, Mr. FARR, Mr. DELAHUNT, Mr. HASTINGS of Florida,

Mr. HOLT, Mr. RAMSTAD, Mr. LEVIN, Mr. COOPER, Mr. HOLDEN, Mr.

ISRAEL, Mr. MEEHAN, Mr. CLAY, Mr. PAYNE, Mr. NEAL of Massachusetts, Mr. WYNN, Mr. ORTIZ, Mr. GONZALEZ, Mr. FROST, Mr. BELL, Mr.

REYES, Mr. GREEN of Texas, Mr. DAVIS of Illinois, Mr. JACKSON of Illinois, Mr. RUSH, Ms. SCHAKOWSKY, Mr. EMANUEL, Mr. GUTIERREZ, Mr.

LANTOS, Ms. LOFGREN, Ms. WOOLSEY, Mr. BACA, Mr. GEORGE MILLER

of California, Mr. BERMAN, Mrs. DAVIS of California, Mrs. CAPPS, Mr.

BECERRA, Ms. LEE, Ms. LINDA T. SA ́NCHEZ of California, Mr. SCHIFF,

Mr. SHERMAN, Ms. SOLIS, Ms. WATSON, Mr. SHAYS, and Mr. TIERNEY)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure
2

•HR 2180 IH

A BILL

To amend titles 23 and 49, United States Code, concerning

length and weight limitations for vehicles operating on

Federal-aid highways, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Safe Highways and

5 Infrastructure Preservation Act’’.

6 SEC. 2. OPERATION OF RESTRICTED PROPERTY-CARRYING

7 UNITS ON NATIONAL HIGHWAY SYSTEM.

8 (a) RESTRICTED PROPERTY-CARRYING UNIT DE9 FINED.—Section 31111(a)(1) of title 49, United States

10 Code, is amended—

11 (1) by redesignating paragraph (3) as para12 graph (4); and

13 (2) by inserting after paragraph (2) the fol14 lowing:

15 ‘‘(3) RESTRICTED PROPERTY-CARRYING

16 UNIT.—The term ‘restricted property-carrying unit’

17 means any trailer, semi-trailer, container, or other

18 property-carrying unit that is longer than 53 feet.’’.

19 (b) PROHIBITION ON OPERATION OF RESTRICTED

20 PROPERTY-CARRYING UNITS.—
3

•HR 2180 IH

1 (1) IN GENERAL.—Section 31111(b)(1)(C) of

2 title 49, United States Code, is amended to read as

3 follows:

4 ‘‘(C) allows operation on any segment of the

5 National Highway System, including the Interstate

6 System, of a restricted property-carrying unit unless

7 the operation is specified on the list published under

8 subsection (h);’’.

9 (2) EFFECTIVE DATE.—The amendment made

10 by paragraph (1) shall take effect 270 days after the

11 date of enactment of this Act.

12 (c) LIMITATIONS.—Section 31111 of title 49, United

13 States Code, is amended by adding at the end the fol14 lowing:

15 ‘‘(h) RESTRICTED PROPERTY-CARRYING UNITS.—

16 ‘‘(1) APPLICABILITY OF PROHIBITION.—

17 ‘‘(A) IN GENERAL.—Notwithstanding sub18 section (b)(1)(C), a restricted property-carrying

19 unit may continue to operate on a segment of

20 the National Highway System if the operation

21 of such unit is specified on the list published

22 under paragraph (2).

23 ‘‘(B) APPLICABILITY OF STATE LAWS AND

24 REGULATIONS.—All operations specified on the

25 list published under paragraph (2) shall con-
4

•HR 2180 IH

1 tinue to be subject to all State statutes, regula2 tions, limitations and conditions, including rout3 ing-specific, commodity-specific, and configura4 tion-specific designations and all other restric5 tions, in force on June 1, 2003.

6 ‘‘(C) FIRE-FIGHTING UNITS.—Subsection

7 (b)(1)(C) shall not apply to the operation of a

8 restricted property-carrying unit that is used

9 exclusively for fire-fighting.

10 ‘‘(2) LISTING OF RESTRICTED PROPERTY-CAR11 RYING UNITS.—

12 ‘‘(A) IN GENERAL.—Not later than 60

13 days after the date of enactment of this sub14 section, the Secretary shall initiate a proceeding

15 to determine and publish a list of restricted

16 property-carrying units that were authorized by

17 State officials pursuant to State statute or reg18 ulation on June 1, 2003, and in actual and law19 ful operation on a regular or periodic basis (in20 cluding seasonal operations) on or before June

21 1, 2003.

22 ‘‘(B) LIMITATION.—A restricted property23 carrying unit may not be included on the list

24 published under subparagraph (A) on the basis

25 that a State law or regulation could have au-
5

•HR 2180 IH

1 thorized the operation of the unit at some prior

2 date by permit or otherwise.

3 ‘‘(C) PUBLICATION OF FINAL LIST.—Not

4 later than 270 days after the date of enactment

5 of this subsection, the Secretary shall publish a

6 final list of restricted property-carrying units

7 described in subparagraph (A).

8 ‘‘(D) UPDATES.—The Secretary shall up9 date the list published under subparagraph (C)

10 as necessary to reflect new designations made

11 to the National Highway System.

12 ‘‘(3) APPLICABILITY OF PROHIBITION.—The

13 prohibition established by subsection (b)(1)(C) shall

14 apply to any new designation made to the National

15 Highway System and remain in effect on those por16 tions of the National Highway System that cease to

17 be designated as part of the National Highway Sys18 tem.

19 ‘‘(4) LIMITATION ON STATUTORY CONSTRUC20 TION.—This subsection does not prevent a State

21 from further restricting in any manner or prohib22 iting the operation of a restricted property-carrying

23 unit; except that such restrictions or prohibitions

24 shall be consistent with the requirements of this sec25 tion and sections 31112 through 31114.’’.
6

•HR 2180 IH

1 (d) ENFORCEMENT.—The second sentence of section

2 141(a) of title 23, United States Code, is amended by

3 striking ‘‘section 31112’’ and inserting ‘‘sections 31111

4 and 31112’’.

5 SEC. 3. OPERATION OF LONGER COMBINATION VEHICLES

6 ON NATIONAL HIGHWAY SYSTEM.

7 (a) IN GENERAL.—Section 31112 of title 49, United

8 States Code, is amended—

9 (1) by redesignating subsections (f) and (g) as

10 subsections (g) and (h), respectively; and

11 (2) by inserting after subsection (e) the fol12 lowing:

13 ‘‘(f) NATIONAL HIGHWAY SYSTEM.—

14 ‘‘(1) GENERAL RULE.—A State may not allow,

15 on a segment of the National Highway System that

16 is not covered under subsection (b) or (c), the oper17 ation of a commercial motor vehicle combination (ex18 cept a vehicle or load that cannot be dismantled eas19 ily or divided easily and that has been issued a spe20 cial permit under applicable State law) with more

21 than one property-carrying unit (not including the

22 truck tractor) whose property-carrying units are

23 more than—

24 ‘‘(A) the maximum combination trailer,

25 semitrailer, or other type of length limitation al-
7

•HR 2180 IH

1 lowed by law or regulation of that State on

2 June 1, 2003; or

3 ‘‘(B) the length of the property-carrying

4 units of those commercial motor vehicle com5 binations, by specific configuration, in actual

6 and lawful operation on a regular or periodic

7 basis (including continuing seasonal operation)

8 in that State on or before June 1, 2003.

9 ‘‘(2) ADDITIONAL LIMITATIONS.—

10 ‘‘(A) APPLICABILITY OF STATE RESTRIC11 TIONS.—A commercial motor vehicle combina12 tion whose operation in a State is not prohib13 ited under paragraph (1) may continue to oper14 ate in the State on highways described in para15 graph (1) only in compliance with all State

16 laws, regulations, limitations, and conditions,

17 including routing-specific and configuration-spe18 cific designations and all other restrictions in

19 force in the State on June 1, 2003. However,

20 subject to regulations prescribed by the Sec21 retary under subsection (h), the State may

22 make minor adjustments of a temporary and

23 emergency nature to route designations and ve24 hicle operating restrictions in effect on June 1,
8

•HR 2180 IH

1 2003, for specific safety purposes and road con2 struction.

3 ‘‘(B) ADDITIONAL STATE RESTRICTIONS.—

4 This subsection does not prevent a State from

5 further restricting in any manner or prohibiting

6 the operation of a commercial motor vehicle

7 combination subject to this section, except that

8 such restrictions or prohibitions shall be con9 sistent with this section and sections 31113(a),

10 31113(b), and 31114.

11 ‘‘(C) MINOR ADJUSTMENTS.—A State

12 making a minor adjustment of a temporary and

13 emergency nature as authorized by subpara14 graph (A) or further restricting or prohibiting

15 the operation of a commercial motor vehicle

16 combination as authorized by subparagraph (B)

17 shall advise the Secretary not later than 30

18 days after the action. The Secretary shall pub19 lish a notice of the action in the Federal Reg20 ister.

21 ‘‘(3) LIST OF STATE LENGTH LIMITATIONS.—

22 ‘‘(A) STATE SUBMISSIONS.—Not later than

23 60 days after the date of enactment of this sub24 section, each State shall submit to the Sec25 retary for publication a complete list of State
9

•HR 2180 IH

1 length limitations applicable to commercial

2 motor vehicle combinations operating in the

3 State on the highways described in paragraph

4 (1). The list shall indicate the applicable State

5 laws and regulations associated with the length

6 limitations. If a State does not submit the in7 formation as required, the Secretary shall com8 plete and file the information for the State.

9 ‘‘(B) PUBLICATION OF INTERIM LIST.—

10 Not later than 90 days after the date of enact11 ment of this subsection, the Secretary shall

12 publish an interim list in the Federal Register

13 consisting of all information submitted under

14 subparagraph (A). The Secretary shall review

15 for accuracy all information submitted by a

16 State under subparagraph (A) and shall solicit

17 and consider public comment on the accuracy of

18 the information.

19 ‘‘(C) LIMITATION.—A law or regulation

20 may not be included on the list submitted by a

21 State or published by the Secretary merely be22 cause it authorized, or could have authorized,

23 by permit or otherwise, the operation of com24 mercial motor vehicle combinations not in ac-
10

•HR 2180 IH

1 tual operation on a regular or periodic basis on

2 or before June 1, 2003.

3 ‘‘(D) PUBLICATION OF FINAL LIST.—Ex4 cept as revised under this subparagraph or sub5 paragraph (E), the list shall be published as

6 final in the Federal Register not later than 270

7 days after the date of enactment of this sub8 section. In publishing the final list, the Sec9 retary shall make any revisions necessary to

10 correct inaccuracies identified under subpara11 graph (B). After publication of the final list,

12 commercial motor vehicle combinations prohib13 ited under paragraph (1) may not operate on a

14 highway described in paragraph (1) except as

15 published on the list.

16 ‘‘(E) INACCURACIES.—On the Secretary’s

17 own motion or on request by any person (in18 cluding a State), the Secretary shall review the

19 list published under subparagraph (D). If the

20 Secretary decides there is reason to believe a

21 mistake was made in the accuracy of the list,

22 the Secretary shall begin a proceeding to decide

23 whether a mistake was made. If the Secretary

24 decides there was a mistake, the Secretary shall

25 publish the correction.’’.
11

•HR 2180 IH

1 (b) CONFORMING AMENDMENTS.—Section 31112(g)

2 of title 49, United States Code, is amended—

3 (1) in subsection (g)(1) (as redesignated by

4 subsection (a) of this section) by inserting ‘‘126(e)

5 or’’ before ‘‘127(d)’’;

6 (2) in subsection (g)(3) (as redesignated by

7 subsection (a) of this section) by inserting ‘‘(or June

8 1, 2003, with respect to highways described in sub9 section (f)(1))’’ after ‘‘June 2, 1991’’; and

10 (3) in paragraph (h)(2) (as redesignated by

11 subsection (a) of this section)—

12 (A) by striking ‘‘Not later than June 15,

13 1992, the Secretary’’ and inserting ‘‘The Sec14 retary’’; and

15 (B) by inserting ‘‘or (f)’’ after ‘‘subsection

16 (d)’’.

17 SEC. 4. TERMINATION OF DETERMINATIONS OF GRAND18 FATHER RIGHTS.

19 (a) IN GENERAL.—Section 127 of title 23, United

20 States Code, is amended by adding at the end the fol21 lowing:

22 ‘‘(h) GRANDFATHER RIGHTS.—

23 ‘‘(1) GENERAL RULE.—After the 270th day fol24 lowing the date of enactment of this subsection, a

25 State may not allow, on a segment of the Interstate
12

•HR 2180 IH

1 System, the operation of a vehicle or combination

2 (other than a longer combination vehicle) exceeding

3 an Interstate weight limit unless the operation is

4 specified on the list published under paragraph (2).

5 ‘‘(2) LIST OF VEHICLES AND COMBINATIONS.—

6 ‘‘(A) PROCEEDING.—Not later than 60

7 days after the date of enactment of this sub8 section, the Secretary shall initiate a proceeding

9 to determine and publish a list of vehicles and

10 combinations (other than longer combination

11 vehicles), otherwise exceeding an Interstate

12 weight limit, that the Department of Transpor13 tation, any other Federal agency, or a State has

14 determined on or before June 1, 2003, could be

15 lawfully operated within such State—

16 ‘‘(i) on July 1, 1956;

17 ‘‘(ii) in the case of the overall gross

18 weight of any group of 2 or more consecu19 tive axles, on the date of enactment of the

20 Federal-Aid Highway Amendments of

21 1974; or

22 ‘‘(iii) under a special rule applicable

23 to a State under subsection (a).

24 ‘‘(B) LIMITATIONS.—
13

•HR 2180 IH

1 ‘‘(i) ACTUAL AND LAWFUL OPER2 ATIONS REQUIRED.—An operation of a ve3 hicle or combination may be included on

4 the list published under subparagraph (A)

5 only if the vehicle or combination was in

6 actual and lawful operation in the State on

7 a regular or periodic basis on or before

8 June 1, 2003.

9 ‘‘(ii) STATE AUTHORITY NOT SUFFI10 CIENT.—An operation of a vehicle or com11 bination may not be included on the list

12 published under subparagraph (A) on the

13 basis that a State law or regulation could

14 have authorized the operation of the vehi15 cle or combination at some prior date by

16 permit or otherwise.

17 ‘‘(C) PUBLICATION OF FINAL LIST.—Not

18 later than 270 days after the date of enactment

19 of this subsection, the Secretary shall publish a

20 final list of vehicles and combinations described

21 in subparagraph (A).

22 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC23 TION.—This subsection does not prevent a State

24 from reducing the gross vehicle weight limitation,

25 the single and tandem axle weight limitations, or the
14

•HR 2180 IH

1 overall maximum gross weight on a group of 2 or

2 more consecutive axles applicable to portions of the

3 Interstate System in the State for operations on the

4 list published under paragraph (2)(C) but in no

5 event may any such reduction result in a limitation

6 that is less than an Interstate weight limit.

7 ‘‘(4) APPLICABILITY OF EXISTING REQUIRE8 MENTS.—All vehicles and combinations included on

9 the list published under paragraph (2) shall be sub10 ject to all routing-specific, commodity-specific, and

11 weight-specific designations in force in a State on

12 June 1, 2003.

13 ‘‘(5) INTERSTATE WEIGHT LIMIT DEFINED.—In

14 this subsection, the term ‘Interstate weight limit’

15 means the 80,000 pound gross vehicle weight limita16 tion, the 20,000 pound single axle weight limitation

17 (including enforcement tolerances), the 34,000

18 pound tandem axle weight limitation (including en19 forcement tolerances), and the overall maximum

20 gross weight (including enforcement tolerances) on a

21 group of 2 or more consecutive axles produced by

22 application of the formula in subsection (a).’’.

23 (b) CONFORMING AMENDMENT.—The fourth sen24 tence of section 127(a) of title 23, United States Code,

25 is amended by striking ‘‘the State determines’’.
15

•HR 2180 IH

1 SEC. 5. NONDIVISIBLE LOAD PROCEEDING.

2 Section 127 of title 23, United States Code, is further

3 amended by adding at the end the following:

4 ‘‘(i) NONDIVISIBLE LOADS.—

5 ‘‘(1) PROCEEDING.—Not later than 60 days

6 after the date of enactment of this subsection, the

7 Secretary shall initiate a proceeding to define the

8 term ‘vehicles and loads which cannot be easily dis9 mantled or divided’ as used in subsection (a) and

10 section 31112 of title 49.

11 ‘‘(2) LIST OF COMMODITIES.—

12 ‘‘(A) IN GENERAL.—The definition devel13 oped under paragraph (1) shall include a list of

14 commodities (or classes or types of commod15 ities) that do not qualify as nondivisible loads.

16 ‘‘(B) LIMITATION.—The list of commod17 ities developed under paragraph (1) shall not be

18 interpreted to be a comprehensive list of com19 modities that do not qualify as nondivisible

20 loads.

21 ‘‘(3) REGULATIONS.—Not later than 270 days

22 after the date of enactment of this subsection, the

23 Secretary shall issue final regulations setting forth

24 the determination of the Secretary made under para25 graph (1). The Secretary shall update the regula26 tions as necessary.
16

•HR 2180 IH

1 ‘‘(4) APPLICABILITY.—Regulations issued

2 under paragraph (2) shall apply to all vehicles and

3 loads operating on the National Highway System.

4 ‘‘(5) STATE REQUIREMENTS.—A State may es5 tablish any requirement that is not inconsistent with

6 regulations issued under paragraph (2).

7 ‘‘(6) STATEMENT OF POLICY.—The purpose of

8 this subsection is to promote conformity with Inter9 state weight limits to preserve publicly funded infra10 structure and protect motorists by limiting max11 imum vehicle weight on key portions of the Federal12 aid highway system.’’.

13 SEC. 6. WAIVERS OF WEIGHT LIMITATIONS DURING PERI14 ODS OF NATIONAL EMERGENCY.

15 Section 127 of title 23, United States Code, is further

16 amended by adding at the end the following:

17 ‘‘(j) WAIVERS DURING PERIODS OF NATIONAL

18 EMERGENCY.—

19 ‘‘(1) IN GENERAL.—Notwithstanding any other

20 provision of this section or section 126, the Sec21 retary, in consultation with the Secretary of De22 fense, may waive or limit the application of any vehi23 cle weight limit established under this section or sec24 tion 126 with respect to a highway route during a
17

•HR 2180 IH

1 period of national emergency in order to respond to

2 the effects of the national emergency.

3 ‘‘(2) APPLICABILITY.—Emergency limits estab4 lished under paragraph (1) shall preempt any incon5 sistent State vehicle weight limits.’’.

6 SEC. 7. VEHICLE WEIGHT LIMITATIONS—NATIONAL HIGH7 WAY SYSTEM.

8 (a) IN GENERAL.—Title 23, United States Code, is

9 amended by inserting after section 125 the following:

10 ‘‘§ 126. Vehicle weight limitations—National Highway

11 System

12 ‘‘(a) NON-INTERSTATE HIGHWAYS ON NHS.—

13 ‘‘(1) IN GENERAL.—After the 270th day fol14 lowing the date of enactment of this section, any

15 Interstate weight limit that applies to vehicles and

16 combinations (other than longer combination vehi17 cles) operating on the Interstate System in a State

18 under section 127 shall also apply to vehicles and

19 combinations (other than longer combination vehi20 cles) operating on non-Interstate segments of the

21 National Highway System in such State, unless such

22 segments are subject to lower State weight limits as

23 provided for in subsection (d).

24 ‘‘(2) EXISTING HIGHWAYS.—
18

•HR 2180 IH

1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (1), in the case of a non-Interstate seg3 ment of the National Highway System that is

4 open to traffic on June 1, 2003, a State may

5 allow the operation of any vehicle or combina6 tion (other than a longer combination vehicle)

7 on such segment that the Secretary determines

8 under subsection (b) could be lawfully operated

9 on such segment on June 1, 2003.

10 ‘‘(B) APPLICABILITY OF STATE LAWS AND

11 REGULATIONS.—All operations described in

12 subparagraph (A) shall continue to be subject

13 to all State statutes, regulations, limitations

14 and conditions, including routing-specific, com15 modity-specific, and configuration-specific des16 ignations and all other restrictions, in force on

17 June 1, 2003.

18 ‘‘(3) NEW HIGHWAYS.—Subject to subsection

19 (d)(1), the gross vehicle weight limitations and axle

20 loading limitations applicable to all vehicles and

21 combinations (other than longer combination vehi22 cles) on a non-Interstate segment of the National

23 Highway System that is not open to traffic on June

24 1, 2003, shall be the Interstate weight limit.

25 ‘‘(b) LISTING OF VEHICLES AND COMBINATIONS.—
19

•HR 2180 IH

1 ‘‘(1) IN GENERAL.—The Secretary shall initiate

2 a proceeding to determine and publish a list of vehi3 cles and combinations (other than longer combina4 tion vehicles), otherwise exceeding an Interstate

5 weight limit, that could be lawfully operated on a

6 non-Interstate segment of the National Highway

7 System on June 1, 2003.

8 ‘‘(2) REQUIREMENTS.—In publishing a list of

9 vehicles and combinations under paragraph (1), the

10 Secretary shall identify—

11 ‘‘(A) the gross vehicle weight limitations

12 and axle loading limitations in each State appli13 cable, on June 1, 2003, to vehicles and com14 binations (other than longer combination vehi15 cles) on non-Interstate segments of the Na16 tional Highway System; and

17 ‘‘(B) operations of vehicles and combina18 tions (other than longer combination vehicles),

19 exceeding State gross vehicle weight limitations

20 and axle loading limitations identified under

21 subparagraph (A), which were in actual and

22 lawful operation on a regular or periodic basis

23 (including seasonal operations) on June 1,

24 2003.
20

•HR 2180 IH

1 ‘‘(3) LIMITATION.—An operation of a vehicle or

2 combination may not be included on the list pub3 lished under paragraph (1) on the basis that a State

4 law or regulation could have authorized such oper5 ation at some prior date by permit or otherwise.

6 ‘‘(4) PUBLICATION OF FINAL LIST.—Not later

7 than 270 days after the date of enactment of this

8 section, the Secretary shall publish a final list of ve9 hicles and combinations described in paragraph (1).

10 ‘‘(5) UPDATES.—The Secretary shall update

11 the list published under paragraph (1) as necessary

12 to reflect new designations made to the National

13 Highway System.

14 ‘‘(c) APPLICABILITY OF LIMITATIONS.—The limita15 tions established by subsection (a) shall apply to any new

16 designation made to the National Highway System and

17 remain in effect on those non-Interstate highways that

18 cease to be designated as part of the National Highway

19 System.

20 ‘‘(d) LIMITATIONS ON STATUTORY CONSTRUC21 TION.—

22 ‘‘(1) STATE ENFORCEMENT OF MORE RESTRIC23 TIVE WEIGHT LIMITS.—This section does not pre24 vent a State from maintaining or imposing a weight

25 limitation that is more restrictive than the Interstate
21

•HR 2180 IH

1 weight limit on vehicles or combinations (other than

2 longer combination vehicles) operating on a non3 Interstate segment of the National Highway System.

4 ‘‘(2) STATE ACTIONS TO REDUCE WEIGHT LIM5 ITS.—This section does not prevent a State from re6 ducing the State’s gross vehicle weight limitation,

7 single or tandem axle weight limitations, or the over8 all maximum gross weight on 2 or more consecutive

9 axles on any non-Interstate segment of the National

10 Highway System.

11 ‘‘(e) LONGER COMBINATION VEHICLES.—

12 ‘‘(1) PROHIBITION.—

13 ‘‘(A) IN GENERAL.—After the 270th day

14 following the date of enactment of this section,

15 a longer combination vehicle may continue to

16 operate on a non-Interstate segment of the Na17 tional Highway System only if the operation of

18 the longer combination vehicle configuration

19 type was authorized by State officials pursuant

20 to State statute or regulation on June 1, 2003,

21 and in actual and lawful operation on a regular

22 or periodic basis (including seasonal operations)

23 on or before June 1, 2003.

24 ‘‘(B) APPLICABILITY OF STATE LAWS AND

25 REGULATIONS.—All operations described in
22

•HR 2180 IH

1 subparagraph (A) shall continue to be subject

2 to all State statutes, regulations, limitations

3 and conditions, including routing-specific, com4 modity-specific, and configuration-specific des5 ignations and all other restrictions, in force on

6 June 1, 2003.

7 ‘‘(2) LISTING OF VEHICLES AND COMBINA8 TIONS.—

9 ‘‘(A) IN GENERAL.—Not later than 60

10 days after the date of enactment of this section,

11 the Secretary shall initiate a proceeding to de12 termine and publish a list of longer combination

13 vehicles that could be lawfully operated on non14 Interstate segments of the National Highway

15 System on June 1, 2003.

16 ‘‘(B) LIMITATION.—A longer combination

17 vehicle may not be included on the list pub18 lished under subparagraph (A) on the basis

19 that a State law or regulation could have au20 thorized the operation of such vehicle at some

21 prior date by permit or otherwise.

22 ‘‘(C) PUBLICATION OF FINAL LIST.—Not

23 later than 270 days after the date of enactment

24 of this section, the Secretary shall publish a
23

•HR 2180 IH

1 final list of longer combination vehicles de2 scribed in subparagraph (A).

3 ‘‘(D) UPDATES.—The Secretary shall up4 date the list published under subparagraph (A)

5 as necessary to reflect new designations made

6 to the National Highway System.

7 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC8 TION.—This subsection does not prevent a State

9 from further restricting in any manner or prohib10 iting the operation of a longer combination vehicle;

11 except that such restrictions or prohibitions shall be

12 consistent with the requirements of section 127 of

13 this title and sections 31112 through 31114 of title

14 49, United States Code.

15 ‘‘(f) MODEL SCHEDULE OF FINES.—

16 ‘‘(1) IN GENERAL.—The Secretary, in consulta17 tion with the States, shall establish a model schedule

18 of fines to be assessed for violations of this section.

19 ‘‘(2) PURPOSE.—The purpose of the schedule of

20 fines shall be to ensure that fines are sufficient to

21 deter violations of the requirements of this section

22 and to permit States to recover costs associated with

23 damages caused to the National Highway System by

24 the operation of such vehicles.
24

•HR 2180 IH

1 ‘‘(3) ADOPTION BY STATES.—The Secretary

2 shall encourage but not require States to adopt the

3 schedule of fines.

4 ‘‘(g) DEFINITIONS.—In this section, the following

5 definitions apply:

6 ‘‘(1) INTERSTATE WEIGHT LIMIT.—The term

7 ‘Interstate weight limit’ has the meaning given such

8 term in section 127(h).

9 ‘‘(2) LONGER COMBINATION VEHICLE.—The

10 term ‘longer combination vehicle’ has the meaning

11 given such term in section 127(d).’’.

12 (b) ENFORCEMENT OF REQUIREMENTS.—Section

13 141(a) of title 23, United States Code, is amended—

14 (1) by striking ‘‘the Federal-aid primary sys15 tem, the Federal-aid urban system, and the Federal16 aid secondary system, including the Interstate Sys17 tem’’ and inserting ‘‘the National Highway System,

18 including the Interstate System,’’; and

19 (2) by striking ‘‘section 127’’ and inserting

20 ‘‘sections 126 and 127’’.

21 (c) CONFORMING AMENDMENT.—The analysis for

22 title 23, United States Code, is amended by inserting after

23 the item relating to section 125 the following:

‘‘126. Vehicle weight limitations—National Highway System.’’.

Æ