Page 115 TITLE 23—HIGHWAYS § 141

AMENDMENTS

1992—Subsec. (b). Pub. L. 102–388 substituted ‘‘1

⁄2 of 1

percent’’ for ‘‘1⁄4 of 1 percent’’ in last sentence.

1991—Subsec. (b). Pub. L. 102–240, §1026(a), (b), inserted ‘‘Indian tribal government,’’ after ‘‘institution,’’

and inserted at end ‘‘Notwithstanding any other provision of law, not to exceed 1

⁄4 of 1 percent of funds apportioned to a State for the surface transportation program under section 104(b) and the bridge program under

section 144 may be available to carry out this subsection upon request of the State highway department

to the Secretary.’’

Subsec. (c). Pub. L. 102–240, §1026(b), inserted ‘‘Indian

tribal government,’’ after ‘‘institution,’’.

Subsec. (d). Pub. L. 102–240, §1026(c), inserted after

first sentence ‘‘States may implement a preference for

employment of Indians on projects carried out under

this title near Indian reservations.’’

1987—Subsec. (d). Pub. L. 100–17 added subsec. (d).

1983—Pub. L. 97–424, §119(c), substituted ‘‘Nondiscrimination’’ for ‘‘Equal employment opportunity’’

in section catchline.

Subsec. (a). Pub. L. 97–424, §119(a), substituted

‘‘, national origin, or sex’’ for ‘‘or national origin’’

after ‘‘color, creed’’, in two places.

Subsec. (c). Pub. L. 97–424, §119(b), added subsec. (c).

1976—Subsec. (b). Pub. L. 94–280 substituted second

sentence ‘‘Whenever apportionments are made under

section 104(b) of this title, the Secretary shall deduct

such sums as he may deem necessary, not to exceed

$2,500,000 for the transition quarter ending September

30, 1976, and not to exceed $10,000,000 per fiscal year, for

the administration of this subsection.’’ for ‘‘Whenever

an apportionment is made under subsections 104(b)(1),

(b)(2), (b)(3), (b)(5), and (b)(6) of this title of the sums

authorized to be appropriated for expenditure upon the

Federal-aid primary and secondary systems, and their

extensions within urban areas, the Interstate System,

and the Federal-aid urban system for the fiscal years

1972, 1973, 1974, 1975, and 1976, the Secretary shall deduct

such sums as he may deem necessary not to exceed

$5,000,000 per fiscal year for the fiscal years 1972 and

1973, and $10,000,000 per fiscal year for the fiscal years

1974, 1975 and 1976, for administering the provisions of

this subsection to be financed from the appropriation

for the Federal-aid systems.’’

1973—Subsec. (b). Pub. L. 93–87 included apportionment of appropriated moneys for administration of subsec. (b) provisions for fiscal years 1974, 1975, and 1976,

and substituted provisions which made available for

such administration $5,000,000 per fiscal year for fiscal

years 1972, and 1973, and $10,000,000 per fiscal year for

fiscal years 1974, 1975, and 1976, for prior provision making available $5,000,000 per fiscal year for such administration.

1970—Pub. L. 91–605 designated existing provisions as

subsec. (a) and added subsec. (b).

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–240 effective Dec. 18, 1991,

and applicable to funds authorized to be appropriated

or made available after Sept. 30, 1991, and, with certain

exceptions, not applicable to funds appropriated or

made available on or before Sept. 30, 1991, see section

1100 of Pub. L. 102–240, set out as a note under section

104 of this title.

EFFECTIVE DATE

Section effective Aug. 23, 1968, see section 37 of Pub.

L. 90–495, set out as an Effective Date of 1968 Amendment note under section 101 of this title.

§ 141. Enforcement of requirements

(a) Each State shall certify to the Secretary

before January 1 of each year that it is enforcing all State laws respecting maximum vehicle

size and weights permitted on 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. Each State shall also certify that it is enforcing and complying with the

provisions of section 127(d) of this title and section 31112 of title 49.

(b)(1) Each State shall submit to the Secretary

such information as the Secretary shall, by regulation, require as necessary, in his opinion, to

verify the certification of such State under subsection (b) of this section.

(2) If a State fails to certify as required by

subsection (b) of this section or if the Secretary

determines that a State is not adequately enforcing all State laws respecting such maximum

vehicle size and weights, notwithstanding such a

certification, then Federal-aid highway funds

apportioned to such State for such fiscal year

shall be reduced by amounts equal to 10 per centum of the amount which would otherwise be apportioned to such State under section 104 of this

title.

(3) If within one year from the date that the

apportionment for any State is reduced in accordance with paragraph (2) of this subsection

the Secretary determines that such State is enforcing all State laws respecting maximum size

and weights, the apportionment of such State

shall be increased by an amount equal to such

reduction. If the Secretary does not make such

a determination within such one-year period,

the amounts so withheld shall be reapportioned

to all other eligible States.

(c) The Secretary shall reduce the State’s apportionment of Federal-aid highway funds under

section 104(b)(5) of this title in an amount up to

25 per centum of the amount to be apportioned

in any fiscal year beginning after September 30,

1984, during which heavy vehicles, subject to the

use tax imposed by section 4481 of the Internal

Revenue Code of 1986, may be lawfully registered

in the State without having presented proof of

payment, in such form as may be prescribed by

the Secretary of the Treasury, of the use tax imposed by section 4481 of such Code. Amounts

withheld from apportionment to a State under

this subsection shall be apportioned to the other

States pursuant to the formulas of section

104(b)(5) of this title and shall be available in the

same manner and to the same extent as other

Interstate funds apportioned at the same time

to other States.

(Added Pub. L. 93–643, §107(a), Jan. 4, 1975, 88

Stat. 2284; amended Pub. L. 95–599, title I,

§123(d), Nov. 6, 1978, 92 Stat. 2702; Pub. L. 97–424,

title I, §143, Jan. 6, 1983, 96 Stat. 2129; Pub. L.

99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

102–240, title I, §1023(c), Dec. 18, 1991, 105 Stat.

1954; Pub. L. 103–429, §3(7), Oct. 31, 1994, 108 Stat.

4378; Pub. L. 104–59, title II, §205(d)(1)(A), Nov.

28, 1995, 109 Stat. 577.)

REFERENCES IN TEXT

Section 4481 of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to section 4481 of

Title 26, Internal Revenue Code.

PRIOR PROVISIONS

A prior section 141, Pub. L. 90–495, §35(a), Aug. 23,

1968, 82 Stat. 836, related to real property acquisition

policies, prior to repeal by Pub. L. 91–646, title III, §306,
§ 142 TITLE 23—HIGHWAYS Page 116

1So in original.

Jan. 2, 1971, 84 Stat. 1907, such repeal becoming effective as to all States after July 1, 1972, the date on

which sections 4630 and 4655 of Title 42, The Public

Health and Welfare, covering similar subject matter,

became applicable to all States.

AMENDMENTS

1995—Pub. L. 104–59 redesignated subsecs. (b) to (d) as

(a) to (c), respectively, and struck out former subsec.

(a) which read as follows: ‘‘Each State shall certify to

the Secretary before January 1 of each year that it is

enforcing all speed limits on public highways in accordance with section 154 of this title. The Secretary shall

not approve any project under section 106 of this title

in any State which has failed to certify in accordance

with this subsection.’’

1994—Subsec. (b). Pub. L. 103–429 substituted ‘‘section

31112 of title 49’’ for ‘‘section 411(j) of the Surface

Transportation Assistance Act of 1982 (49 U.S.C. App.

2311(j))’’.

1991—Subsec. (b). Pub. L. 102–240 inserted at end

‘‘Each State shall also certify that it is enforcing and

complying with the provisions of section 127(d) of this

title and section 411(j) of the Surface Transportation

Assistance Act of 1982 (49 U.S.C. App. 2311(j)).’’

1986—Subsec. (d). Pub. L. 99–514 substituted ‘‘Internal

Revenue Code of 1986’’ for ‘‘Internal Revenue Code of

1954’’.

1983—Subsec. (d). Pub. L. 97–424 added subsec. (d).

1978—Pub. L. 95–599 designated existing provisions as

subsecs. (a) and (b) and added subsec. (c).

EFFECTIVE DATE OF 1995 AMENDMENT

Section 205(d)(3) of Pub. L. 104–59 provided that: ‘‘The

amendments made by paragraph (1) [amending this section and repealing section 154 of this title] shall be applicable to a State on the 10th day following the date

of the enactment of this Act [Nov. 28, 1995]; except that

if the legislature of a State is not in session on such

date of enactment and the chief executive officer of the

State declares, before such 10th day, that the legislature is not in session and that the State prefers an applicability date for such amendments that is after the

date on which the legislature will convene, such

amendments shall be applicable to the State on the

60th day following the date on which the legislature

next convenes.’’

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–240 effective Dec. 18, 1991,

and applicable to funds authorized to be appropriated

or made available after Sept. 30, 1991, and, with certain

exceptions, not applicable to funds appropriated or

made available on or before Sept. 30, 1991, see section

1100 of Pub. L. 102–240, set out as a note under section

104 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 123(e) of Pub. L. 95–599 provided that subsec.

(c)(2) and (3) of this section be applicable to certifications required by this section to be filed on or after

Jan. 1, 1980, prior to repeal by Pub. L. 96–106, §12, Nov.

9, 1979, 93 Stat. 798.

ENFORCEMENT OF VEHICLE WEIGHT LIMITATIONS

Section 123(a)–(c) of Pub. L. 95–599, as amended by

Pub. L. 100–17, title I, §133(c)(4), Apr. 2, 1987, 101 Stat.

173, provided that:

‘‘(a) Not later than the one-hundred-eightieth day

after the date of enactment of this section [Nov. 6,

1978], the Secretary of Transportation, hereunder referred to as the ‘Secretary’, in consultation with each

State shall inventory the existing system of penalties

for violations of vehicle weight laws, rules, and regulations on any portion of any Federal-aid system in such

State. Each State shall annually thereafter report to

the Secretary its current inventory.

‘‘(b)(1) Not later than the one-hundred-eightieth day

after the date of enactment of this section [Nov. 6,

1978], the Secretary, in consultation with each State,

shall inventory the existing system in such State for

the issuance of special permits. Each State shall annually thereafter report to the Secretary its current inventory.

‘‘(2) For purposes of this subsection, the term ‘special

permit’ means a license or permit issued pursuant to

State law, rule, or regulation which authorizes a vehicle to exceed the weight limitation for such vehicle established under State law, rule, or regulation.

‘‘(c) Not later than January 1 of the second calendar

year which begins after the date of enactment of this

section [Nov. 6, 1978] and each calendar year thereafter

the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the

House of Representatives an annual report together

with such recommendations as the Secretary deems

necessary on (1) the latest annual inventory of State

systems of penalties required by subsection (a) of this

section; (2) the latest annual inventory of State systems for the issuance of special permits required by

subsection (b) of this section; (3) the annual certification submitted by each State required by section

141(b) of title 23, United States Code.’’

§ 142. Public transportation

(a)(1) To encourage the development, improvement, and use of public mass transportation systems operating motor vehicles (other than on

rail) on Federal-aid highways for the transportation of passengers (hereafter in this section

referred to as ‘‘buses’’), so as to increase the

traffic capacity of the Federal-aid systems for

the movement of persons, the Secretary may approve as a project on any Federal-aid system the

construction of exclusive or preferential high

occupancy vehicle lanes, highway traffic control

devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities to serve

high occupancy vehicle and public mass transportation passengers, and sums apportioned

under section 104(b) of this title shall be available to finance the cost of projects under this

paragraph. If fees are charged for the use of any

parking facility constructed under this section,

the rate thereof shall not be in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service

to and from the facility (including compensation

to any person for operating the facility and for

providing such shuttle service).

(2) In addition to the projects under paragraph

(1), the Secretary may approve as a project on

the the 1 surface transportation program for payment from sums apportioned under section

104(b)(3) for carrying out any capital transit

project eligible for assistance under chapter 53

of title 49, capital improvement to provide access and coordination between intercity and

rural bus service, and construction of facilities

to provide connections between highway transportation and other modes of transportation.

(b) Sums apportioned in accordance with paragraph (5) of subsection (b) of section 104 of this

title shall be available to finance the Federal

share of projects for exclusive or preferential

high occupancy vehicle, truck, and emergency

vehicle routes or lanes. Routes constructed