II 

112TH CONGRESS 

1ST SESSION S. 1322 

To permit commercial vehicles at weights up to 129,000 pounds to use 

certain highways on the Interstate System in the State of Idaho, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2011 

Mr. CRAPO (for himself, Mr. RISCH, Mr. HATCH, and Mr. LEE) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To permit commercial vehicles at weights up to 129,000 

pounds to use certain highways on the Interstate System 

in the State of Idaho, 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 ‘‘Idaho Efficient Vehicle 

5 Demonstration Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) certain States, including Montana, Nevada, 

9 Utah, and Wyoming, have been grandfathered the 


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1 right to operate 129,000-pound or greater vehicle 

2 combinations on 9 axles or more on Federal-aid 

3 highways; 

4 (2) laws governing Federal highway funding ef5 fectively impose a limit of 105,500 pounds on the 

6 weight of vehicles permitted to use the Interstate 

7 System within the State of Idaho; 

8 (3) the State of Idaho is surrounded by the 

9 States specified in paragraph (1), which allow higher 

10 weight limits on the Interstate System, and that 

11 puts the State of Idaho at a disadvantage in moving 

12 freight within Idaho and into those surrounding 

13 States; 

14 (4) in 2003, the legislature of the State of 

15 Idaho adopted House Bill 395, which established a 

16 10-year pilot project that allows vehicle combinations 

17 up to 129,000 pounds to be operated on 10 axles on 

18 specific routes in Idaho, but does not address the 

19 Interstate System; 

20 (5) in enacting the pilot project, the legislature 

21 required the Idaho Transportation Department to 

22 report to the legislature on the effect of the project; 

23 (6) the Idaho Transportation Department is re24 quired to submit reports every 3 years during the 

25 10-year life of the pilot project that describe the reVerDate Mar 15 2010 00:30 Jul 06, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1322.IS S1322

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1 sults of monitoring and evaluation of all important 

2 impacts, including impacts to safety, bridges, and 

3 pavement, on all pilot project routes; 

4 (7) the pilot project terminates on July 1, 

5 2013, unless the project is otherwise extended or 

6 sooner repealed by the legislature; 

7 (8) the administration of the pilot project, cou8 pled with the fact that vehicle combinations cannot 

9 operate at 129,000 pounds on the Interstate System, 

10 has forced those heavier vehicle combinations to di11 vert onto small State and local roads on which high12 er vehicle weight limits are allowed under State law; 

13 (9) the diversion of those vehicles onto those 

14 roads increases fuel costs because of increased idling 

15 time and total travel time along those roads; 

16 (10) the cost of transportation fuel has in17 creased more than 80 percent between calendar 

18 years 2007 and 2008; and 

19 (11) permitting commercial vehicles to travel on 

20 a select few Interstate System highways within the 

21 State at increased weight limits would provide— 

22 (A) significant savings in the transpor23 tation of goods throughout the State; and 


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1 (B) substantial data and an opportunity 

2 for analysis of the impacts of the vehicles on 

3 bridges, highway safety, and pavements. 

4 SEC. 3. DEFINITIONS. 

5 In this Act, the following definitions apply: 

6 (1) COVERED INTERSTATE SYSTEM HIGH7 WAY.—The term ‘‘covered Interstate System high8 way’’ means any portion of a highway designated as 

9 a route on the Interstate System that, as of the date 

10 of enactment of this Act, is not exempt from the re11 quirements of section 127(a) of title 23, United 

12 States Code, pursuant to a waiver under that sec13 tion. 

14 (2) DIRECTOR.—The term ‘‘Director’’ means 

15 the Director of the Idaho Transportation Depart16 ment. 

17 (3) INTERSTATE SYSTEM.—The term ‘‘Inter18 state System’’ has the meaning given that term in 

19 section 101(a) of title 23, United States Code. 

20 (4) PILOT PROJECT.—The term ‘‘pilot project’’ 

21 means the 10-year pilot project of the State, estab22 lished in 2003 under House Bill 395 of the State, 

23 that permits vehicle combinations weighing up to 

24 129,000 pounds to be operated on specific routes in 

25 the State. 


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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Transportation. 

3 (6) STATE.—The term ‘‘State’’ means the State 

4 of Idaho. 

5 SEC. 4. WAIVER OF HIGHWAY FUNDING REDUCTION RELAT6 ING TO WEIGHT OF VEHICLES USING INTER7 STATE SYSTEM HIGHWAYS. 

8 (a) PROHIBITION RELATING TO CERTAIN VEHI9 CLES.—Notwithstanding section 127(a) of title 23, United 

10 States Code, the total amount of funds apportioned to the 

11 State under section 104(b)(1) of such title for any period 

12 may not be reduced under such section 127(a) on the basis 

13 that the State permits a vehicle described in subsection 

14 (b) to use a covered Interstate System highway in the 

15 State in accordance with this section. 

16 (b) VEHICLES COMBINATIONS.—A vehicle referred to 

17 in subsection (a) is a vehicle that— 

18 (1) has a weight in excess of 105,500 pounds 

19 but not more than 129,000 pounds; 

20 (2) consists of a power unit hauling 2 or more 

21 trailers or semitrailers; 

22 (3) does not exceed any vehicle weight limita23 tion that is applicable under State law to the oper24 ation of the vehicle on highways in the State that 

25 are not part of the Interstate System, as those laws 


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1 are in effect on the date of enactment of this Act; 

2 and 

3 (4) is limited to travel only on— 

4 (A) the portion of Interstate Route 15 ex5 tending from the Montana border to the Utah 

6 border; 

7 (B) the portion of Interstate Route 86 ex8 tending from the junction of Interstate Route 

9 15 to the junction with Interstate Route 84; 

10 and 

11 (C) the portion of Interstate Route 84 ex12 tending from the Utah border to the Oregon 

13 border. 

14 (c) TERMINATION OF AUTHORITY.— 

15 (1) IN GENERAL.—Subject to paragraph (2), 

16 this section and the authority provided under this 

17 section shall terminate on July 1, 2013. 

18 (2) EXCEPTIONS.—This section and the author19 ity provided under this section shall terminate on— 

20 (A) a date that is later than the date spec21 ified in paragraph (1), if the project is extended 

22 to that later date by the State; or 

23 (B) any date that is before, on, or after 

24 the date specified in paragraph (1), if the Sec25 retary— 


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1 (i) determines that— 

2 (I) operation of vehicles described 

3 in subsection (b) on covered Interstate 

4 System highways has adversely af5 fected safety on the overall highway 

6 system; or 

7 (II) the Director has failed to 

8 collect the data described in section 

9 5(2); and 

10 (ii) publishes the determination, to11 gether with the date of termination of this 

12 section, in the Federal Register. 

13 (d) CONSULTATION REGARDING TERMINATION FOR

14 SAFETY.—In making a determination under subsection 

15 (c)(2)(B)(i), the Secretary shall consult with the Director. 

16 SEC. 5. RESPONSIBILITIES OF STATE. 

17 For the purpose of section 4, the State shall be con18 sidered to meet the conditions under this section if the 

19 Director— 

20 (1) submits to the Secretary a plan for use in 

21 meeting the conditions described in paragraph (2); 

22 and 

23 (2) collects data on the net effects that the op24 eration of vehicles described in section 4(b) on cov25 ered Interstate System highways in the State have 


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1 on the safety of the overall highway system, in ac2 cordance with the terms of the pilot project. 

Æ 


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