I 

111TH CONGRESS 

1ST SESSION H. R. 1618 

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 

MARCH 19, 2009 

Mr. MCGOVERN (for himself, Mr. KIRK, Ms. BERKLEY, Mr. HASTINGS of 

Florida, Mr. HINCHEY, Ms. WATSON, Mr. SESTAK, Mr. WOLF, Mr. 

DELAHUNT, Mr. FILNER, Mr. KUCINICH, Mr. HOLT, Mr. NADLER of 

New York, Mr. WATT, Ms. MCCOLLUM, Mr. CULBERSON, Mrs. CAPPS, 

Mr. CAPUANO, Mr. STARK, Mr. ORTIZ, Mr. KILDEE, Mr. GRIJALVA, Mr. 

SCHIFF, Mr. VAN HOLLEN, Mr. GENE GREEN of Texas, Mr. DOYLE, Mr. 

ROTHMAN of New Jersey, Mr. BACA, Mr. WAXMAN, Mr. CONNOLLY of 

Virginia, Mr. MCDERMOTT, Mr. MARKEY of Massachusetts, Ms. CASTOR

of Florida, Mr. RUSH, Ms. WOOLSEY, Mr. BILBRAY, Ms. SLAUGHTER, 

Mr. PLATTS, Mr. TIERNEY, Mr. BRADY of Pennsylvania, Mr. AL GREEN

of Texas, Ms. NORTON, Mr. POSEY, Mr. MEEK of Florida, Mr. MURTHA, 

Mr. ELLISON, Mr. JACKSON of Illinois, Mrs. BIGGERT, and Mr. FRANK

of Massachusetts) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Infrastructure Preservation Act’’. 

4 SEC. 2. OPERATION OF RESTRICTED PROPERTY-CARRYING 

5 UNITS ON NATIONAL HIGHWAY SYSTEM. 

6 (a) RESTRICTED PROPERTY-CARRYING UNIT DE7 FINED.—Section 31111(a) of title 49, United States Code, 

8 is amended by adding at the end the following: 

9 ‘‘(5) RESTRICTED PROPERTY-CARRYING

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

11 means any trailer, semitrailer, container, or other 

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

13 (b) PROHIBITION ON OPERATION OF RESTRICTED

14 PROPERTY-CARRYING UNITS.— 

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

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

17 follows: 

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

19 National Highway System, including the Interstate 

20 System, of a restricted property-carrying unit unless 

21 the operation is specified on the list published under 

22 subsection (h);’’. 

23 (2) EFFECTIVE DATE.—The amendment made 

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

25 date of enactment of this Act. 


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

2 States Code, is amended by adding at the end the fol3 lowing: 

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

5 ‘‘(1) APPLICABILITY OF PROHIBITION.— 

6 ‘‘(A) IN GENERAL.—Notwithstanding sub7 section (b)(1)(C), a restricted property-carrying 

8 unit may continue to operate on a segment of 

9 the National Highway System if the operation 

10 of such unit is specified on the list published 

11 under paragraph (2). 

12 ‘‘(B) APPLICABILITY OF STATE LAWS AND

13 REGULATIONS.—All operations specified on the 

14 list published under paragraph (2) shall con15 tinue to be subject to all State statutes, regula16 tions, limitations, and conditions, including 

17 routing-specific, commodity-specific, and con18 figuration-specific designations and all other re19 strictions, in force on June 1, 2008. 

20 ‘‘(C) FIREFIGHTING UNITS.—Subsection 

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

22 restricted property-carrying unit that is used 

23 exclusively for firefighting. 

24 ‘‘(2) LISTING OF RESTRICTED PROPERTY-CAR25 RYING UNITS.— 


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

2 days after the date of enactment of this sub3 section, the Secretary shall initiate a proceeding 

4 to determine and publish a list of restricted 

5 property-carrying units that were authorized by 

6 State officials pursuant to State statute or reg7 ulation on June 1, 2008, and in actual and law8 ful operation on a regular or periodic basis (in9 cluding seasonal operations) on or before June 

10 1, 2008. 

11 ‘‘(B) LIMITATION.—A restricted property12 carrying unit may not be included on the list 

13 published under subparagraph (A) on the basis 

14 that a State law or regulation could have au15 thorized the operation of the unit at some prior 

16 date by 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 restricted property-carrying units 

21 described in subparagraph (A). 

22 ‘‘(D) UPDATES.—The Secretary shall up23 date the list published under subparagraph (C) 

24 as necessary to reflect new designations made 

25 to the National Highway System. 


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

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

3 apply to any new designation made to the National 

4 Highway System and remain in effect on those por5 tions of the National Highway System that cease to 

6 be designated as part of the National Highway Sys7 tem. 

8 ‘‘(4) LIMITATION ON STATUTORY CONSTRUC9 TION.—This subsection does not prevent a State 

10 from further restricting in any manner or prohib11 iting the operation of a restricted property-carrying 

12 unit; except that such restrictions or prohibitions 

13 shall be consistent with the requirements of this sec14 tion and sections 31112 through 31114.’’. 

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

16 141(a) of title 23, United States Code, is amended by 

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

18 and 31112’’. 

19 SEC. 3. OPERATION OF LONGER COMBINATION VEHICLES 

20 ON NATIONAL HIGHWAY SYSTEM. 

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

22 States Code, is amended— 

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

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


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1 (2) by inserting after subsection (e) the fol2 lowing: 

3 ‘‘(f) NATIONAL HIGHWAY SYSTEM.— 

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

5 on a segment of the National Highway System that 

6 is not covered under subsection (b) or (c), the oper7 ation of a commercial motor vehicle combination (ex8 cept a vehicle or load that cannot be dismantled eas9 ily or divided easily and that has been issued a spe10 cial permit under applicable State law) with more 

11 than one property-carrying unit (not including the 

12 truck tractor) whose property-carrying units are 

13 more than— 

14 ‘‘(A) the maximum combination trailer, 

15 semitrailer, or other type of length limitation al16 lowed by law or regulation of that State on 

17 June 1, 2008; or 

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

19 units of those commercial motor vehicle com20 binations, by specific configuration, in actual 

21 and lawful operation on a regular or periodic 

22 basis (including continuing seasonal operation) 

23 in that State on or before June 1, 2008. 

24 ‘‘(2) ADDITIONAL LIMITATIONS.— 


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1 ‘‘(A) APPLICABILITY OF STATE RESTRIC2 TIONS.—A commercial motor vehicle combina3 tion whose operation in a State is not prohib4 ited under paragraph (1) may continue to oper5 ate in the State on highways described in para6 graph (1) only in compliance with all State 

7 laws, regulations, limitations, and conditions, 

8 including routing-specific and configuration-spe9 cific designations and all other restrictions in 

10 force in the State on June 1, 2008. However, 

11 subject to regulations prescribed by the Sec12 retary under subsection (h), the State may 

13 make minor adjustments of a temporary and 

14 emergency nature to route designations and ve15 hicle operating restrictions in effect on June 1, 

16 2008, for specific safety purposes and road con17 struction. 

18 ‘‘(B) ADDITIONAL STATE RESTRICTIONS.— 

19 This subsection does not prevent a State from 

20 further restricting in any manner or prohibiting 

21 the operation of a commercial motor vehicle 

22 combination subject to this section, except that 

23 such restrictions or prohibitions shall be con24 sistent with this section and sections 31113(a), 

25 31113(b), and 31114. 


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1 ‘‘(C) MINOR ADJUSTMENTS.—A State 

2 making a minor adjustment of a temporary and 

3 emergency nature as authorized by subpara4 graph (A) or further restricting or prohibiting 

5 the operation of a commercial motor vehicle 

6 combination as authorized by subparagraph (B) 

7 shall advise the Secretary not later than 30 

8 days after the action. The Secretary shall pub9 lish a notice of the action in the Federal Reg10 ister. 

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

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

13 60 days after the date of enactment of this 

14 paragraph, each State shall submit to the Sec15 retary for publication a complete list of State 

16 length limitations applicable to commercial 

17 motor vehicle combinations operating in the 

18 State on the highways described in paragraph 

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

20 laws and regulations associated with the length 

21 limitations. If a State does not submit the in22 formation as required, the Secretary shall com23 plete and file the information for the State. 

24 ‘‘(B) PUBLICATION OF INTERIM LIST.— 

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1 ment of this subsection, the Secretary shall 

2 publish an interim list in the Federal Register 

3 consisting of all information submitted under 

4 subparagraph (A). The Secretary shall review 

5 for accuracy all information submitted by a 

6 State under subparagraph (A) and shall solicit 

7 and consider public comment on the accuracy of 

8 the information. 

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

10 may not be included on the list submitted by a 

11 State or published by the Secretary merely be12 cause it authorized, or could have authorized, 

13 by permit or otherwise, the operation of com14 mercial motor vehicle combinations not in ac15 tual operation on a regular or periodic basis on 

16 or before June 1, 2008. 

17 ‘‘(D) PUBLICATION OF FINAL LIST.—Ex18 cept as revised under this subparagraph or sub19 paragraph (E), the list shall be published as 

20 final in the Federal Register not later than 270 

21 days after the date of enactment of this sub22 section. In publishing the final list, the Sec23 retary shall make any revisions necessary to 

24 correct inaccuracies identified under subpara25 graph (B). After publication of the final list, 


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1 commercial motor vehicle combinations prohib2 ited under paragraph (1) may not operate on a 

3 highway described in paragraph (1) except as 

4 published on the list. 

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

6 own motion or on request by any person (in7 cluding a State), the Secretary shall review the 

8 list published under subparagraph (D). If the 

9 Secretary decides there is reason to believe a 

10 mistake was made in the accuracy of the list, 

11 the Secretary shall begin a proceeding to decide 

12 whether a mistake was made. If the Secretary 

13 decides there was a mistake, the Secretary shall 

14 publish the correction.’’. 

15 (b) CONFORMING AMENDMENTS.—Section 31112 of 

16 title 49, United States Code, is amended— 

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

18 subsection (a) of this section) by inserting ‘‘or 

19 127a(e)’’ after ‘‘127(d)’’; 

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

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

22 1, 2008, with respect to highways described in sub23 section (f)(1))’’ after ‘‘June 2, 1991’’; and 

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

25 subsection (a) of this section)— 


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

2 1992, the Secretary’’ and inserting ‘‘The Sec3 retary’’; and 

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

5 (d)’’. 

6 SEC. 4. TERMINATION OF DETERMINATIONS OF GRAND7 FATHER RIGHTS. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘(i) GRANDFATHER RIGHTS.— 

12 ‘‘(1) GENERAL RULE.—After the 270th day fol13 lowing the date of enactment of this subsection, a 

14 State may not allow, on a segment of the Interstate 

15 System, the operation of a vehicle or combination 

16 (other than a longer combination vehicle) exceeding 

17 an Interstate weight limit unless the operation is 

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

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

20 ‘‘(A) PROCEEDING.—Not later than 60 

21 days after the date of enactment of this sub22 section, the Secretary shall initiate a proceeding 

23 to determine and publish a list of vehicles and 

24 combinations (other than longer combination 

25 vehicles), otherwise exceeding an Interstate 


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1 weight limit, that the Department of Transpor2 tation, any other Federal agency, or a State has 

3 determined on or before June 1, 2008, could be 

4 lawfully operated within such State— 

5 ‘‘(i) on July 1, 1956; 

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

7 weight of any group of 2 or more consecu8 tive axles, on the date of enactment of the 

9 Federal-Aid Highway Amendments of 

10 1974; or 

11 ‘‘(iii) under a special rule applicable 

12 to a State under subsection (a). 

13 ‘‘(B) LIMITATIONS.— 

14 ‘‘(i) ACTUAL AND LAWFUL OPER15 ATIONS REQUIRED.—An operation of a ve16 hicle or combination may be included on 

17 the list published under subparagraph (A) 

18 only if the vehicle or combination was in 

19 actual and lawful operation in the State on 

20 a regular or periodic basis on or before 

21 June 1, 2008. 

22 ‘‘(ii) STATE AUTHORITY NOT SUFFI23 CIENT.—An operation of a vehicle or com24 bination may not be included on the list 

25 published under subparagraph (A) on the 


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1 basis that a State law or regulation could 

2 have authorized the operation of the vehi3 cle or combination at some prior date by 

4 permit or otherwise. 

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

6 later than 270 days after the date of enactment 

7 of this subsection, the Secretary shall publish a 

8 final list of vehicles and combinations described 

9 in subparagraph (A). 

10 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC11 TION.—This subsection does not prevent a State 

12 from reducing the gross vehicle weight limitation, 

13 the single and tandem axle weight limitations, or the 

14 overall maximum gross weight on a group of 2 or 

15 more consecutive axles applicable to portions of the 

16 Interstate System in the State for operations on the 

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

18 event may any such reduction result in a limitation 

19 that is less than an Interstate weight limit. 

20 ‘‘(4) APPLICABILITY OF EXISTING REQUIRE21 MENTS.—All vehicles and combinations included on 

22 the list published under paragraph (2) shall be sub23 ject to all routing-specific, commodity-specific, and 

24 weight-specific designations in force in a State on 

25 June 1, 2008. 


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

2 this subsection, the term ‘Interstate weight limit’ 

3 means the 80,000 pound gross vehicle weight limita4 tion, the 20,000 pound single axle weight limitation 

5 (including enforcement tolerances), the 34,000 

6 pound tandem axle weight limitation (including en7 forcement tolerances), and the overall maximum 

8 gross weight (including enforcement tolerances) on a 

9 group of 2 or more consecutive axles produced by 

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

11 (b) CONFORMING AMENDMENT.—The fourth sen12 tence of section 127(a) of title 23, United States Code, 

13 is amended by striking ‘‘the State determines’’. 

14 SEC. 5. NONDIVISIBLE LOAD PROCEEDING. 

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

16 amended by adding at the end the following: 

17 ‘‘(j) NONDIVISIBLE LOADS.— 

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

19 after the date of enactment of this subsection, the 

20 Secretary shall initiate a proceeding to define the 

21 term ‘vehicles and loads which cannot be easily dis22 mantled or divided’ as used in subsection (a) and 

23 section 31112 of title 49. 

24 ‘‘(2) LIST OF COMMODITIES.— 


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1 ‘‘(A) IN GENERAL.—The definition devel2 oped under paragraph (1) shall include a list of 

3 commodities (or classes or types of commod4 ities) that do not qualify as nondivisible loads. 

5 ‘‘(B) LIMITATION.—The list of commod6 ities developed under paragraph (1) shall not be 

7 interpreted to be a comprehensive list of com8 modities that do not qualify as nondivisible 

9 loads. 

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

11 after the date of enactment of this subsection, the 

12 Secretary shall issue final regulations setting forth 

13 the determination of the Secretary made under para14 graph (1). The Secretary shall update the regula15 tions as necessary. 

16 ‘‘(4) APPLICABILITY.—Regulations issued 

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

18 loads operating on the National Highway System. 

19 ‘‘(5) STATE REQUIREMENTS.—A State may es20 tablish any requirement that is not inconsistent with 

21 regulations issued under paragraph (2). 

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

23 this subsection is to promote conformity with Inter24 state weight limits to preserve publicly funded infra25 structure and protect motorists by limiting maxVerDate Nov 24 2008 07:19 Mar 20, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1618.IH H1618

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1 imum vehicle weight on key portions of the Federal2 aid highway system.’’. 

3 SEC. 6. WAIVERS OF WEIGHT LIMITATIONS DURING PERI4 ODS OF NATIONAL EMERGENCY. 

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

6 amended by adding at the end the following: 

7 ‘‘(k) WAIVERS DURING PERIODS OF NATIONAL

8 EMERGENCY.— 

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

10 provision of this section or section 127a, the Sec11 retary, in consultation with the Secretary of De12 fense, may waive or limit the application of any vehi13 cle weight limit established under this section or sec14 tion 127a with respect to a highway route during a 

15 period of national emergency in order to respond to 

16 the effects of the national emergency. 

17 ‘‘(2) APPLICABILITY.—Emergency limits estab18 lished under paragraph (1) shall preempt any incon19 sistent State vehicle weight limits.’’. 

20 SEC. 7. VEHICLE WEIGHT LIMITATIONS—NATIONAL HIGH21 WAY SYSTEM. 

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

23 amended by inserting after section 127 the following: 


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1 ‘‘§ 127a. Vehicle weight limitations—National High2 way System 

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

4 ‘‘(1) IN GENERAL.—After the 270th day fol5 lowing the date of enactment of this section, any 

6 Interstate weight limit that applies to vehicles and 

7 combinations (other than longer combination vehi8 cles) operating on the Interstate System in a State 

9 under section 127 shall also apply to vehicles and 

10 combinations (other than longer combination vehi11 cles) operating on non-Interstate segments of the 

12 National Highway System in such State unless such 

13 segments are subject to lower State weight limits as 

14 provided for in subsection (d). 

15 ‘‘(2) EXISTING HIGHWAYS.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding para17 graph (1), in the case of a non-Interstate seg18 ment of the National Highway System that is 

19 open to traffic on June 1, 2008, a State may 

20 allow the operation of any vehicle or combina21 tion (other than a longer combination vehicle) 

22 on such segment that the Secretary determines 

23 under subsection (b) could be lawfully operated 

24 on such segment on June 1, 2008. 

25 ‘‘(B) APPLICABILITY OF STATE LAWS AND

26 REGULATIONS.—All operations described in 


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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, 2008. 

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

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

9 loading limitations applicable to all vehicles and 

10 combinations (other than longer combination vehi11 cles) on a non-Interstate segment of the National 

12 Highway System that is not open to traffic on June 

13 1, 2008, shall be the Interstate weight limit. 

14 ‘‘(b) LISTING OF VEHICLES AND COMBINATIONS.— 

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

16 a proceeding to determine and publish a list of vehi17 cles and combinations (other than longer combina18 tion vehicles), otherwise exceeding an Interstate 

19 weight limit, that could be lawfully operated on a 

20 non-Interstate segment of the National Highway 

21 System on June 1, 2008. 

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

23 vehicles and combinations under paragraph (1), the 

24 Secretary shall identify— 


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1 ‘‘(A) the gross vehicle weight limitations 

2 and axle loading limitations in each State appli3 cable, on June 1, 2008, to vehicles and com4 binations (other than longer combination vehi5 cles) on non-Interstate segments of the Na6 tional Highway System; and 

7 ‘‘(B) operations of vehicles and combina8 tions (other than longer combination vehicles), 

9 exceeding State gross vehicle weight limitations 

10 and axle loading limitations identified under 

11 subparagraph (A), which were in actual and 

12 lawful operation on a regular or periodic basis 

13 (including seasonal operations) on June 1, 

14 2008. 

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

16 combination may not be included on the list pub17 lished under paragraph (1) on the basis that a State 

18 law or regulation could have authorized such oper19 ation at some prior date by permit or otherwise. 

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

21 than 270 days after the date of enactment of this 

22 section, the Secretary shall publish a final list of ve23 hicles and combinations described in paragraph (1). 

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

25 the list published under paragraph (1) as necessary 


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1 to reflect new designations made to the National 

2 Highway System. 

3 ‘‘(c) APPLICABILITY OF LIMITATIONS.—The limita4 tions established by subsection (a) shall apply to any new 

5 designation made to the National Highway System and 

6 remain in effect on those non-Interstate highways that 

7 cease to be designated as part of the National Highway 

8 System. 

9 ‘‘(d) LIMITATIONS ON STATUTORY CONSTRUC10 TION.— 

11 ‘‘(1) STATE ENFORCEMENT OF MORE RESTRIC12 TIVE WEIGHT LIMITS.—This section does not pre13 vent a State from maintaining or imposing a weight 

14 limitation that is more restrictive than the Interstate 

15 weight limit on vehicles or combinations (other than 

16 longer combination vehicles) operating on a non17 Interstate segment of the National Highway System. 

18 ‘‘(2) STATE ACTIONS TO REDUCE WEIGHT LIM19 ITS.—This section does not prevent a State from re20 ducing the State’s gross vehicle weight limitation, 

21 single or tandem axle weight limitations, or the over22 all maximum gross weight on 2 or more consecutive 

23 axles on any non-Interstate segment of the National 

24 Highway System. 

25 ‘‘(e) LONGER COMBINATION VEHICLES.— 


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1 ‘‘(1) PROHIBITION.— 

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

3 following the date of enactment of this section, 

4 a longer combination vehicle may continue to 

5 operate on a non-Interstate segment of the Na6 tional Highway System only if the operation of 

7 the longer combination vehicle configuration 

8 type was authorized by State officials pursuant 

9 to State statute or regulation on June 1, 2008, 

10 and in actual and lawful operation on a regular 

11 or periodic basis (including seasonal operations) 

12 on or before June 1, 2008. 

13 ‘‘(B) APPLICABILITY OF STATE LAWS AND

14 REGULATIONS.—All operations described in 

15 subparagraph (A) shall continue to be subject 

16 to all State statutes, regulations, limitations 

17 and conditions, including routing-specific, com18 modity-specific, and configuration-specific des19 ignations and all other restrictions, in force on 

20 June 1, 2008. 

21 ‘‘(2) LISTING OF VEHICLES AND COMBINA22 TIONS.— 

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

24 days after the date of enactment of this section, 

25 the Secretary shall initiate a proceeding to deVerDate Nov 24 2008 07:19 Mar 20, 2009 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1618.IH H1618

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1 termine and publish a list of longer combination 

2 vehicles that could be lawfully operated on non3 Interstate segments of the National Highway 

4 System on June 1, 2008. 

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

6 vehicle may not be included on the list pub7 lished under subparagraph (A) on the basis 

8 that a State law or regulation could have au9 thorized the operation of such vehicle at some 

10 prior date by permit or otherwise. 

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

12 later than 270 days after the date of enactment 

13 of this section, the Secretary shall publish a 

14 final list of longer combination vehicles de15 scribed in subparagraph (A). 

16 ‘‘(D) UPDATES.—The Secretary shall up17 date the list published under subparagraph (A) 

18 as necessary to reflect new designations made 

19 to the National Highway System. 

20 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC21 TION.—This subsection does not prevent a State 

22 from further restricting in any manner or prohib23 iting the operation of a longer combination vehicle; 

24 except that such restrictions or prohibitions shall be 

25 consistent with the requirements of section 127 of 


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1 this title and sections 31112 through 31114 of title 

2 49, United States Code. 

3 ‘‘(f) MODEL SCHEDULE OF FINES.— 

4 ‘‘(1) IN GENERAL.—The Secretary, in consulta5 tion with the States, shall establish a model schedule 

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

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

8 fines shall be to ensure that fines are sufficient to 

9 deter violations of the requirements of this section 

10 and to permit States to recover costs associated with 

11 damages caused to the National Highway System by 

12 the operation of such vehicles. 

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

14 shall encourage but not require States to adopt the 

15 schedule of fines. 

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

17 definitions apply: 

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

19 ‘Interstate weight limit’ has the meaning given such 

20 term in section 127(i). 

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

22 term ‘longer combination vehicle’ has the meaning 

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

24 (b) ENFORCEMENT OF REQUIREMENTS.—Section 

25 141(a) of title 23, United States Code, is amended— 


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1 (1) by striking ‘‘the Federal-aid primary sys2 tem, the Federal-aid urban system, and the Federal3 aid secondary system, including the Interstate Sys4 tem’’ and inserting ‘‘the National Highway System, 

5 including the Interstate System,’’; and 

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

7 ‘‘sections 127 and 127a’’. 

8 (c) CONFORMING AMENDMENT.—The analysis for 

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

10 the item relating to section 127 the following: 

‘‘127a. Vehicle weight limitations—National Highway System.’’. 

Æ 


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