I 

111TH CONGRESS 

1ST SESSION H. R. 1799 

To amend title 23, United States Code, with respect to vehicle weight 

limitations applicable to the Interstate System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2009 

Mr. MICHAUD (for himself and Mrs. SCHMIDT) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend title 23, United States Code, with respect to 

vehicle weight limitations applicable to the Interstate 

System, 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 and Efficient 

5 Transportation Act of 2009’’. 


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1 SEC. 2. INCREASING WEIGHT LIMITATIONS FOR CERTAIN 

2 VEHICLES. 

3 Section 127 of title 23, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(i) EXCEPTION TO WEIGHT REQUIREMENTS.— 

6 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

7 (a), a State may authorize a vehicle with a max8 imum gross weight, including all enforcement toler9 ances, that exceeds the maximum gross weight oth10 erwise applicable under subsection (a) to operate on 

11 the Interstate System routes in the State, if— 

12 ‘‘(A) the vehicle is equipped with at least 

13 6 axles; 

14 ‘‘(B) the weight of any single axle on a ve15 hicle does not exceed 20,000 pounds, including 

16 enforcement tolerances; 

17 ‘‘(C) the weight of any tandem axle on a 

18 vehicle does not exceed 34,000 pounds, includ19 ing enforcement tolerances; 

20 ‘‘(D) the weight of any group of 3 or more 

21 axles on a vehicle does not exceed 51,000 

22 pounds, including enforcement tolerances; and 

23 ‘‘(E) the gross weight of the vehicle does 

24 not exceed 97,000 pounds, including enforce25 ment tolerances. 

26 ‘‘(2) SPECIAL RULES.— 


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1 ‘‘(A) SPECIAL EXCEPTION FOR CERTAIN

2 STATES.—This subsection shall not apply to 

3 any vehicle exceeding the maximum gross 

4 weight requirements under subsection (a) which 

5 could have operated lawfully within a State 

6 before the date of the enactment of this sub7 section. 

8 ‘‘(B) INCREASE IN AXLE WEIGHT RE9 QUIREMENT.—A State may authorize a vehicle 

10 to exceed the maximum axle weight require11 ments under any one axle grouping in subpara12 graph (B), (C), or (D) by not more than 2,000 

13 pounds. 

14 ‘‘(3) APPROVAL BY STATE LEGISLATURE.—Any 

15 State seeking to authorize a vehicle to operate on 

16 the Interstate System routes within its boundaries 

17 under paragraph (1) or to increase the maximum 

18 axle weight requirements under paragraph (2) shall 

19 do so by statute. 

20 ‘‘(4) REPORTING REQUIREMENTS.— 

21 ‘‘(A) ANNUAL REPORT.—If a State author22 izes vehicles described in paragraph (1) to oper23 ate on highway routes in the State in a fiscal 

24 year, the State shall submit to the Secretary for 

25 the fiscal year an annual report at such time, 


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1 in such manner, and containing such informa2 tion as the Secretary may require, including, at 

3 a minimum, the following: 

4 ‘‘(i) An identification of highway 

5 routes in the State, including routes not on 

6 the Interstate System, on which the State 

7 authorizes vehicles in paragraph (1) to op8 erate. 

9 ‘‘(ii) A description of the operating re10 quirements and gross vehicle weight limits 

11 applicable to the vehicles in paragraph (1). 

12 ‘‘(iii) Safety statistics, including vehi13 cle miles traveled data, concerning the ve14 hicles in paragraph (1). 

15 ‘‘(B) 5-YEAR ASSESSMENTS.—Following 

16 the 5th fiscal year in which a State authorizes 

17 vehicle operations described in subparagraph 

18 (A), and following each 5th fiscal year there19 after, the State shall include in the State’s an20 nual report under subparagraph (A) an assess21 ment, developed by the Secretary under regula22 tion, of the impacts that vehicles described in 

23 paragraph (1) have had on pavement and 

24 bridge maintenance costs incurred by the State 

25 in the preceding 5 fiscal years. 


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1 ‘‘(C) PUBLIC AVAILABILITY.—The Sec2 retary shall make all information required 

3 under subparagraph (A) and (B) available to 

4 the public. 

5 ‘‘(5) TERMINATION.—The Secretary may termi6 nate the operation of vehicles authorized under this 

7 subsection on a specific route if the Secretary deter8 mines that such operation poses an unreasonable 

9 safety risk based on an engineering analysis or an 

10 analysis of safety data or any other applicable data 

11 the Secretary may use. 

12 ‘‘(6) WAIVER OF HIGHWAY FUNDING REDUC13 TION.—Notwithstanding subsection (a), the total 

14 amount of funds apportioned to each State under 

15 section 104(b)(1) for any period may not be reduced 

16 under subsection (a) if the State authorizes a vehicle 

17 described in paragraph (1) to operate on the Inter18 state System in the State in accordance with this 

19 subsection.’’. 

20 SEC. 3. SAFE AND EFFICIENT VEHICLE BRIDGE INFRA21 STRUCTURE IMPROVEMENT PROGRAM. 

22 (a) IN GENERAL.—Chapter 1 of title 23, United 

23 States Code, is amended by adding at the end the fol24 lowing new section: 


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1 ‘‘§ 167. Safe and efficient vehicle bridge infrastruc2 ture improvement program 

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab4 lish a safe and efficient vehicle bridge infrastructure im5 provement program in accordance with this section. 

6 ‘‘(b) APPORTIONMENT OF FUNDS TO ELIGIBLE

7 STATES.— 

8 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

9 year, the Secretary shall apportion, in accordance 

10 with paragraph (2), the sums made available out of 

11 the Safe and Efficient Vehicle Trust Fund for that 

12 fiscal year to carry out this section. 

13 ‘‘(2) RATIO TO ELIGIBLE STATES.—The sums 

14 made available out of the Safe and Efficient Vehicle 

15 Trust Fund shall be apportioned among eligible 

16 States in a ratio that— 

17 ‘‘(A) the total vehicle miles traveled on 

18 Interstate System highways by vehicles author19 ized to travel on such highways pursuant to sec20 tion 127(i) in each eligible State, as determined 

21 by the Secretary; bears to 

22 ‘‘(B) the total vehicle miles traveled on 

23 Interstate System highways by vehicles author24 ized to travel on such highways pursuant to sec25 tion 127(i) in all eligible States, as determined 

26 by the Secretary. 


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1 ‘‘(c) ELIGIBLE PROJECTS.—An eligible State that re2 ceives an apportionment in a fiscal year under subsection 

3 (b) shall use the amounts of the apportionment for 

4 projects eligible for assistance under section 144 for 

5 bridges determined to be eligible for replacement or reha6 bilitation under subsection (b) or (c) of such section. 

7 ‘‘(d) CONTRACT AUTHORITY.—Funds made available 

8 out of the Safe and Efficient Vehicle Trust Fund to carry 

9 out this section shall be available for obligation in the 

10 same manner as if the funds were made available from 

11 the Highway Trust Fund (other than the Mass Transit 

12 Account). 

13 ‘‘(e) ELIGIBLE STATE DEFINED.—In this section the 

14 term ‘eligible State’ means a State that authorizes a vehi15 cle described in section 127(i) to operate on the Interstate 

16 System within its borders.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 of chapter 1 of title 23, United States Code, is amended 

19 by adding at the end the following: 

‘‘§167. Safe and efficient vehicle bridge infrastructure improvement program.’’. 

20 SEC. 4. OVERWEIGHT VEHICLE TAX. 

21 (a) IN GENERAL.—Section 4481 of the Internal Rev22 enue Code of 1986 is amended by adding at the end the 

23 following new subsection: 

24 ‘‘(g) SPECIAL RULE FOR CERTAIN OVERWEIGHT VE25 HICLES.—There is hereby imposed a tax (in lieu of the 


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1 tax imposed by subsection (a)) on the use of any highway 

2 motor vehicle described in section 127(i) of title 23, 

3 United States Code. The rate of tax shall be equal to the 

4 lesser of— 

5 ‘‘(1) $100 per year, plus $22 for each 1,000 

6 pounds (or fraction thereof) in excess of 55,000 

7 pounds, or 

8 ‘‘(2) $800 per year.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this subsection shall apply to taxable periods beginning 

11 after the date of the enactment of this Act. 

12 SEC. 5. SAFE AND EFFICIENT VEHICLE TRUST FUND. 

13 (a) IN GENERAL.—Subchapter A of chapter 98 of the 

14 Internal Revenue Code of 1986 (relating to the trust fund 

15 code) is amended by adding at the end the following new 

16 section: 

17 ‘‘SEC. 9511. SAFE AND EFFICIENT VEHICLE TRUST FUND. 

18 ‘‘(a) CREATION OF FUND.—There is hereby estab19 lished in the Treasury of the United States a fund to be 

20 known as the ‘Safe and Efficient Vehicle Trust Fund’, 

21 consisting of such amounts as may be— 

22 ‘‘(1) appropriated to the Safe and Efficient Ve23 hicle Trust Fund as provided in this section, or 

24 ‘‘(2) credited to the Safe and Efficient Vehicle 

25 Trust Fund as provided in section 9602(b). 


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1 ‘‘(b) TRANSFER TO SAFE AND EFFICIENT VEHICLE

2 TRUST FUND OF AMOUNTS EQUIVALENT TO CERTAIN

3 TAXES.—There are hereby appropriated to the Safe and 

4 Efficient Vehicle Trust Fund amounts equivalent to the 

5 taxes received in the Treasury under section 4481(g). 

6 ‘‘(c) EXPENDITURES FROM SAFE AND EFFICIENT

7 VEHICLE TRUST FUND.—Amounts in the Safe and Effi8 cient Vehicle Trust Fund shall be available, as provided 

9 by appropriations Acts, for fiscal years beginning 1 year 

10 after the date of the enactment of this Act for projects 

11 eligible for assistance under section 144 of title 23, United 

12 States Code.’’. 

13 (b) CONFORMING AMENDMENTS.—The Internal Rev14 enue Code of 1986 is amended— 

15 (1) in paragraph (1) of section 9503(b) by 

16 striking the period at the end and inserting ‘‘, and 

17 taxes received under section 4481 shall be deter18 mined without regard to subsection (g) thereof.’’; 

19 and 

20 (2) in the table of sections for subchapter A of 

21 chapter 98 by adding at the end the following: 

‘‘Sec. 9511. Safe and Efficient Vehicle Trust Fund.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect on the date of the enactment 

24 of this Act. 

Æ 


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