Page 85 TITLE 23—HIGHWAYS § 128

‘‘(1) TEMPORARY EXEMPTION.—The second sentence of

section 127 of title 23, United States Code, relating to

axle weight limitations for vehicles using the Dwight

D. Eisenhower System of Interstate and Defense Highways, shall not apply, for the period beginning on October 6, 1992, and ending on the date on which Federal-aid

highway and transit programs are reauthorized after

the date of the enactment of the National Highway

System Designation Act of 1995 [Nov. 28, 1995], to any

vehicle which is regularly and exclusively used as an

intrastate public agency transit passenger bus.

‘‘(2) STUDY.—The Secretary shall conduct a study on

the maximum axle weight limitations on the Dwight D.

Eisenhower System of Interstate and Defense Highways

established under section 127 of title 23, United States

Code, or under State laws, as they apply to public transit vehicles. The study shall determine whether or not

public transit vehicles should be exempted from the requirements of section 127 or State laws or if such laws

should be modified with regard to public transit vehicles. In making such determination, the Secretary

shall consider current transit vehicle design standards,

the implications of the Americans with Disabilities Act

[of 1990, 42 U.S.C. 12101 et seq.] and Clean Air Act [42

U.S.C. 7401 et seq.] requirements on such design standards, and the potential impact of revised design standards on transit ridership capacity, operating and replacement costs, air quality concerns, and highway

wear and tear.

‘‘(3) REPORT.—Not later than 18 months after the date

of enactment of this Act, the Secretary shall submit to

the Congress a report on the result of the study conducted under paragraph (2), together with recommendations.’’

TEMPORARY EXEMPTION FOR FIREFIGHTING VEHICLES

Section 1023(e) of Pub. L. 102–240 provided that:

‘‘(1) TEMPORARY EXEMPTION.—The second sentence of

section 127 of title 23, United States Code, relating to

axle weight limitations and the bridge formula for vehicles using the National System of Interstate and Defense Highways, shall not apply, in the 2-year period

beginning on the date of the enactment of this Act

[Dec. 18, 1991], to any existing vehicle which is used for

the purpose of protecting persons and property from

fires and other disasters that threaten public safety

and which is in actual operation before such date of enactment and to any new vehicle to be used for such purpose while such vehicle is being delivered to a firefighting agency. The Secretary may extend such 2-year period for an additional year.

‘‘(2) STUDY.—The Secretary shall conduct a study—

‘‘(A) of State laws regulating the use on the National System of Interstate and Defense Highways

[now Dwight D. Eisenhower System of Interstate and

Defense Highways] of vehicles which are used for the

purpose of protecting persons and property from fires

and other disasters that threaten public safety and

which are being delivered to or operated by a firefighting agency; and

‘‘(B) of the issuance of permits by States which exempt such vehicles from the requirements of the second sentence of section 127 of title 23, United States

Code.

‘‘(3) PURPOSES.—The purposes of the study under this

subsection are to determine whether or not such State

laws and such section 127 need to be modified with regard to such vehicles and whether or not a permanent

exemption should be made for such vehicles from the

requirements of such laws and section 127 or whether or

not the bridge formula set forth in such section should

be modified as it applies to such vehicles.

‘‘(4) REPORT.—Not later than 18 months after the date

of the enactment of this Act [Dec. 18, 1991], the Secretary shall submit to the Congress a report on the results of the study conducted under paragraph (2), together with recommendations.’’

STUDY PERTAINING TO TRANSPORTERS OF WATER WELL

DRILLING RIGS

Section 1023(g) of Pub. L. 102–240 directed Secretary

to conduct a study of State and Federal regulations

pertaining to transporters of water well drilling rigs on

public highways for the purpose of identifying requirements which place a burden on such transporters without enhancing safety or preservation of public highways, and, not later than 2 years after Dec. 18, 1991, report to Congress on the results of the study, together

with any legislative and administrative recommendations.

MOTOR VEHICLE STUDY BY TRANSPORTATION RESEARCH

BOARD; REPORT

Section 158 of Pub. L. 100–17 directed Secretary, within 6 months after Apr. 2, 1987, to enter into appropriate

arrangements with the Transportation Research Board

of the National Academy of Sciences to conduct a

study of the following motor vehicle issues, including

an analysis of the impacts of the various positions that

have been put forth with respect to each issue and best

estimates of effects on pavement, bridges, highway revenue and cost responsibility, and highway safety, and

changes in transportation costs and other measures of

productivity for various segments of the trucking industry resulting from adoption of each of the positions:

(1) elimination of existing, grandfather provisions of 23

U.S.C. 127 which allow higher axle loads and gross vehicle weights than the 20,000-pound single axle load limit,

34,000-pound tandem axle load limit, and 80,000-pound

gross vehicle weight limit maximums authorized by

Pub. L. 93–643, (2) analysis of alternative methods of determining gross vehicle weight limit and axle loadings

for all types of motor carrier vehicles, (3) analysis of

the bridge formula contained in 23 U.S.C. 127 in view of

current vehicle configurations, pavement and bridge

stresses in accord with 1986 design and construction

practices, and existing bridges on and off the Interstate

System, (4) establishment of nationwide policy regarding the provisions of ‘reasonable access’ to the National

Network for combination vehicles established pursuant

to Pub. L. 97–424, and (5) recommendation of appropriate treatment for specialized hauling vehicles which

do not comply with the existing Federal bridge formula

and submit a final report to Secretary and Congress,

not later than 30 months after appropriate arrangements were entered into.

STATE-IMPOSED VEHICLE WIDTH LIMITATIONS

Pub. L. 97–369, title III, §321, Dec. 18, 1982, 96 Stat.

1784, related to State-imposed vehicle width limitations, prior to repeal by Pub. L. 98–17, §2, Apr. 5, 1983,

97 Stat. 60. See section 31113 of Title 49, Transportation.

STEERING AXLE STUDY; REPORT TO CONGRESS

Section 210 of Pub. L. 94–280 directed Secretary of

Transportation to conduct an investigation into relationship between gross load on front steering axles of

truck tractors and safety of operation of vehicle combinations of which such truck tractors are a part, such

investigation to be conducted in cooperation with representatives of (A) manufacturers of truck tractors and

related equipment, (B) labor, and (C) users of such

equipment, and the results of such study to be reported

to Congress not later than July 1, 1977.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 141 of this title;

title 49 sections 5112, 31112.

§ 128. Public hearings

(a) Any State highway department which submits plans for a Federal-aid highway project involving the by passing of or, going through any

city, town, or village, either incorporated or unincorporated, shall certify to the Secretary that
§ 129 TITLE 23—HIGHWAYS Page 86

it has had public hearings, or has afforded the

opportunity for such hearings, and has considered the economic and social effects of such a location, its impact on the environment, and its

consistency with the goals and objectives of

such urban planning as has been promulgated by

the community. Any State highway department

which submits plans for an Interstate System

project shall certify to the Secretary that it has

had public hearings at a convenient location, or

has afforded the opportunity for such hearings

for the purpose of enabling persons in rural

areas through or contiguous to whose property

the highway will pass to express any objections

they may have to the proposed locations of such

highway. Such certification shall be accompanied by a report which indicates the consideration given to the economic, social, environmental and other effects of the plan or highway

location or design and various alternatives

which were raised during the hearing or which

were otherwise considered.

(b) When hearings have been held under subsection (a), the State highway department shall

submit a copy of the transcript of said hearings

to the Secretary, together with the certification

and report.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L.

90–495, §24, Aug. 23, 1968, 82 Stat. 828; Pub. L.

91–605, title I, §135, Dec. 31, 1970, 84 Stat. 1734.)

AMENDMENTS

1970—Subsec. (a). Pub. L. 91–605, §135(a), provided for

submission of a report by the State highway department involved indicating consideration given to economic, social, environmental, and other effects of the

plan or highway location or design plus the various alternatives which were considered.

Subsec. (b). Pub. L. 91–605, §135(b), inserted reference

to report to be submitted by the State highway department together with the certification of public hearings.

1968—Subsec. (a). Pub. L. 90–495 inserted social effect

of projects, the impact on environment, and their consistency with the goals and objectives of such urban

planning as has been promulgated by the community to

the list of factors to be considered by State highway

departments in looking over projects involving the bypassing or passing through of municipalities.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90–495 effective Aug. 23, 1968,

see section 37 of Pub. L. 90–495, set out as a note under

section 101 of this title.

§ 129. Toll roads, bridges, tunnels, and ferries

(a) BASIC PROGRAM.—

(1) AUTHORIZATION FOR FEDERAL PARTICIPATION.—Notwithstanding section 301 of this

title and subject to the provisions of this section, the Secretary shall permit Federal participation in—

(A) initial construction of a toll highway,

bridge, or tunnel (other than a highway,

bridge, or tunnel on the Interstate System)

or approach thereto;

(B) reconstructing, resurfacing, restoring,

and rehabilitating a toll highway, bridge, or

tunnel (including a toll highway, bridge, or

tunnel subject to an agreement entered into

under this section or section 119(e) as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991) or approach

thereto;

(C) reconstruction or replacement of a

toll-free bridge or tunnel and conversion of

the bridge or tunnel to a toll facility;

(D) reconstruction of a toll-free Federalaid highway (other than a highway on the

Interstate System) and conversion of the

highway to a toll facility; and

(E) preliminary studies to determine the

feasibility of a toll facility for which Federal

participation is authorized under subparagraph (A), (B), (C), or (D);

on the same basis and in the same manner as

in the construction of free highways under

this chapter.

(2) OWNERSHIP.—Each highway, bridge, tunnel, or approach thereto constructed under

this subsection must—

(A) be publicly owned, or

(B) be privately owned if the public authority having jurisdiction over the highway, bridge, tunnel, or approach has entered

into a contract with a private person or persons to design, finance, construct, and operate the facility and the public authority will

be responsible for complying with all applicable requirements of this title with respect

to the facility.

(3) LIMITATIONS ON USE OF REVENUES.—Before

the Secretary may permit Federal participation under this subsection in construction of a

highway, bridge, or tunnel located in a State,

the public authority (including the State

transportation department) having jurisdiction over the highway, bridge, or tunnel must

enter into an agreement with the Secretary

which provides that all toll revenues received

from operation of the toll facility will be used

first for debt service, for reasonable return on

investment of any private person financing

the project, and for the costs necessary for the

proper operation and maintenance of the toll

facility, including reconstruction, resurfacing,

restoration, and rehabilitation. If the State

certifies annually that the tolled facility is

being adequately maintained, the State may

use any toll revenues in excess of amounts required under the preceding sentence for any

purpose for which Federal funds may be obligated by a State under this title.

(4) SPECIAL RULE FOR FUNDING.—In the case

of a toll highway, bridge, or tunnel under the

jurisdiction of a public authority of a State

(other than the State transportation department), upon request of the State transportation department and subject to such terms

and conditions as such department and public

authority may agree, the Secretary shall reimburse such public authority for the Federal

share of the costs of construction of the

project carried out on the toll facility under

this subsection in the same manner and to the

same extent as such department would be reimbursed if such project was being carried out

by such department. The reimbursement of

funds under this paragraph shall be from sums

apportioned to the State under this chapter

and available for obligations on projects on

the Federal-aid system in such State on which

the project is being carried out.