II 

113TH CONGRESS 

1ST SESSION S. 880 

To amend titles 23 and 49, United States Code, to modify provisions relating 

to the length and weight limitations for vehicles operating on Federalaid highways, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2013 

Mr. REID (for Mr. LAUTENBERG (for himself, Mr. MENENDEZ, Mrs. FEINSTEIN, and Mrs. MCCASKILL)) introduced the following bill; which was 

read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To amend titles 23 and 49, United States Code, to modify 

provisions relating to the 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Infrastructure Preservation Act of 2013’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 880 IS

1 SEC. 2. OPERATION OF RESTRICTED PROPERTY-CARRYING 

2 UNITS ON NATIONAL HIGHWAY SYSTEM. 

3 (a) DEFINITION OF RESTRICTED PROPERTY-CAR4 RYING UNIT.—Section 31111(a) of title 49, United States 

5 Code, is amended— 

6 (1) by redesignating paragraph (3) as para7 graph (5); 

8 (2) by redesignating paragraph (2) as para9 graph (3); 

10 (3) by redesignating paragraph (4) as para11 graph (2); and 

12 (4) by inserting after paragraph (3) the fol13 lowing: 

14 ‘‘(4) RESTRICTED PROPERTY-CARRYING

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

16 means any trailer, semitrailer, container, or other 

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

18 (b) PROHIBITION ON OPERATION OF RESTRICTED

19 PROPERTY-CARRYING UNITS.— 

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

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

22 follows: 

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

24 National Highway System, including the Interstate 

25 System, of a restricted property-carrying unit unless 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•S 880 IS

1 the operation is specified on the list published under 

2 subsection (h)(2);’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall take effect on the date that 

5 is 90 days after the date of the enactment of this 

6 Act. 

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

8 States Code, is amended by adding at the end the fol9 lowing: 

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

11 ‘‘(1) APPLICABILITY OF PROHIBITION.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding sub13 section (b)(1)(C), a restricted property-carrying 

14 unit may continue to operate on a segment of 

15 the National Highway System if the operation 

16 of the unit is specified on the list published 

17 under paragraph (2). 

18 ‘‘(B) APPLICABILITY OF STATE LAWS AND

19 REGULATIONS.—All operations specified on the 

20 list published under paragraph (2) shall con21 tinue to be subject to all State laws, limitations, 

22 and conditions, including routing-specific, com23 modity-specific, and configuration-specific des24 ignations and all other restrictions, in effect as 

25 of June 1, 2008. 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•S 880 IS

1 ‘‘(C) FIREFIGHTING UNITS.—Subsection 

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

3 restricted property-carrying unit that is used 

4 exclusively for firefighting. 

5 ‘‘(2) LISTING OF RESTRICTED PROPERTY-CAR6 RYING UNITS.— 

7 ‘‘(A) IN GENERAL.—Not later than 30 

8 days after the date of the enactment of the Safe 

9 Highways and Infrastructure Preservation Act 

10 of 2013, the Secretary shall initiate a pro11 ceeding to determine and publish a list of re12 stricted property-carrying units that were— 

13 ‘‘(i) authorized by State officials pur14 suant to State law as of June 1, 2008; and 

15 ‘‘(ii) in actual and lawful operation on 

16 a regular or periodic basis (including sea17 sonal operations) on or before June 1, 

18 2008. 

19 ‘‘(B) LIMITATION.—A restricted property20 carrying unit may not be included on the list 

21 published under subparagraph (A) on the basis 

22 that a State law could have authorized the op23 eration of the unit as of a prior date, by permit 

24 or otherwise. 


rfrederick on DSK6VPTVN1PROD with BILLS
5 

•S 880 IS

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

2 later than 90 days after the date of the enact3 ment of the Safe Highways and Infrastructure 

4 Preservation Act of 2013, the Secretary shall 

5 publish a final list of restricted property-car6 rying units described in subparagraph (A). 

7 ‘‘(D) UPDATES.—The Secretary shall up8 date the list published under subparagraph (C) 

9 as necessary to reflect new designations made 

10 to the National Highway System. 

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

12 prohibition established under subsection (b)(1)(C) 

13 shall— 

14 ‘‘(A) apply to any new designation made to 

15 the National Highway System; and 

16 ‘‘(B) remain in effect on those portions of 

17 the National Highway System that cease to be 

18 designated as part of the National Highway 

19 System. 

20 ‘‘(4) LIMITATION ON STATUTORY CONSTRUC21 TION.—Nothing in this subsection may be construed 

22 to prevent a State from further restricting in any 

23 manner or prohibiting the operation of a restricted 

24 property-carrying unit, except that any such restricVerDate Mar 15 2010 04:06 May 08, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S880.IS S880

rfrederick on DSK6VPTVN1PROD with BILLS
6 

•S 880 IS

1 tion or prohibition shall be consistent with the provi2 sions of this subchapter.’’. 

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

4 141(a) of title 23, United States Code, is amended by 

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

6 and 31112’’. 

7 SEC. 3. OPERATION OF LONGER COMBINATION VEHICLES 

8 ON NATIONAL HIGHWAY SYSTEM. 

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

10 States Code, is amended— 

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

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

13 (2) by inserting after subsection (e) the fol14 lowing: 

15 ‘‘(f) NATIONAL HIGHWAY SYSTEM.— 

16 ‘‘(1) IN GENERAL.—A State may not allow, on 

17 a segment of the National Highway System that is 

18 not covered under subsection (b) or (c), the oper19 ation of a commercial motor vehicle combination (ex20 cept a vehicle or load that cannot be dismantled eas21 ily or divided easily and that has been issued a spe22 cial permit under applicable State law) with more 

23 than 1 property-carrying unit (excluding the truck 

24 tractor) if the property-carrying units are more 

25 than— 


rfrederick on DSK6VPTVN1PROD with BILLS
7 

•S 880 IS

1 ‘‘(A) the maximum combination trailer, 

2 semitrailer, or other type of length limitation al3 lowed by applicable State law as of June 1, 

4 2008; or 

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

6 units of those commercial motor vehicle com7 binations, by specific configuration, in actual 

8 and lawful operation on a regular or periodic 

9 basis (including continuing seasonal operation) 

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

11 ‘‘(2) ADDITIONAL LIMITATIONS.— 

12 ‘‘(A) APPLICABILITY OF STATE RESTRIC13 TIONS.— 

14 ‘‘(i) IN GENERAL.—Subject to clause 

15 (ii), a commercial motor vehicle combina16 tion that is not prohibited from operating 

17 in a State under paragraph (1) may con18 tinue to operate in that State on highways 

19 described in paragraph (1) if such oper20 ation complies with all applicable State 

21 laws, limitations, and conditions, including 

22 routing-specific and configuration-specific 

23 designations, and all other restrictions in 

24 effect in that State as of June 1, 2008. 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

•S 880 IS

1 ‘‘(ii) MINOR ADJUSTMENTS.—Subject 

2 to regulations promulgated by the Sec3 retary under subsection (h), a State may 

4 make minor temporary and emergency ad5 justments to route designations and vehicle 

6 operating restrictions in effect as of June 

7 1, 2008, for specific safety purposes and 

8 road construction. 

9 ‘‘(B) ADDITIONAL STATE RESTRICTIONS.— 

10 Nothing in this subsection may be construed to 

11 prevent a State from further restricting or pro12 hibiting the operation of a commercial motor 

13 vehicle combination subject to this section, ex14 cept that such a restriction or prohibition shall 

15 be consistent with this section and sections 

16 31113(a), 31113(b), and 31114. 

17 ‘‘(C) MINOR ADJUSTMENTS.— 

18 ‘‘(i) IN GENERAL.—Not later than 30 

19 days after the date on which a State 

20 makes a minor adjustment of a temporary 

21 and emergency nature in accordance with 

22 subparagraph (A)(ii) or further restricting 

23 or prohibiting the operation of a commer24 cial motor vehicle combination in accordVerDate Mar 15 2010 04:06 May 08, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S880.IS S880

rfrederick on DSK6VPTVN1PROD with BILLS
9 

•S 880 IS

1 ance with subparagraph (B), the State 

2 shall advise the Secretary of the action. 

3 ‘‘(ii) PUBLICATION.—The Secretary 

4 shall publish a notice of an action taken by 

5 a State under clause (i) in the Federal 

6 Register. 

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

8 ‘‘(A) STATE SUBMISSIONS.— 

9 ‘‘(i) IN GENERAL.—Not later than 30 

10 days after the date of the enactment of the 

11 Safe Highways and Infrastructure Preser12 vation Act of 2013, each State shall sub13 mit to the Secretary a complete list of 

14 State length limitations applicable to com15 mercial motor vehicle combinations oper16 ating in the State on the highways de17 scribed in paragraph (1), including the ap18 plicable State laws associated with the 

19 length limitations. 

20 ‘‘(ii) FAILURE TO SUBMIT.—If a State 

21 fails to submit the information required 

22 under clause (i), the Secretary shall com23 pile and file the information on behalf of 

24 the State. 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•S 880 IS

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

2 The Secretary shall— 

3 ‘‘(i) publish an interim list in the Fed4 eral Register consisting of all information 

5 submitted under subparagraph (A) not 

6 later than 60 days after the date of the en7 actment of the Safe Highways and Infra8 structure Preservation Act of 2013; 

9 ‘‘(ii) review for accuracy all informa10 tion submitted by a State under subpara11 graph (A); and 

12 ‘‘(iii) solicit and consider public com13 ment on the accuracy of the information. 

14 ‘‘(C) LIMITATION.—A law may not be in15 cluded on the list submitted by a State or pub16 lished by the Secretary merely because the law 

17 authorized, or could have authorized, by permit 

18 or otherwise, the operation of commercial motor 

19 vehicle combinations not in actual operation on 

20 a regular or periodic basis on or before June 1, 

21 2008. 

22 ‘‘(D) PUBLICATION OF FINAL LIST.— 

23 ‘‘(i) IN GENERAL.—Not later than 90 

24 days after the date of the enactment of the 

25 Safe Highways and Infrastructure PreserVerDate Mar 15 2010 04:06 May 08, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S880.IS S880

rfrederick on DSK6VPTVN1PROD with BILLS
11 

•S 880 IS

1 vation Act of 2013, the Secretary shall 

2 publish a final version of the list described 

3 in subparagraph (B) in the Federal Reg4 ister, as revised under this subparagraph 

5 or subparagraph (E). 

6 ‘‘(ii) REVISIONS.—In publishing the 

7 final list, the Secretary shall make any re8 visions necessary to correct inaccuracies 

9 identified under subparagraph (B). 

10 ‘‘(iii) PROHIBITION ON OPERATION.— 

11 After the final list is published under this 

12 subparagraph, commercial motor vehicle 

13 combinations prohibited under paragraph 

14 (1) may not operate on a highway de15 scribed in paragraph (1) unless included 

16 on the list. 

17 ‘‘(E) INACCURACIES.— 

18 ‘‘(i) IN GENERAL.—On the motion of 

19 the Secretary or on request by any person 

20 (including a State), the Secretary shall re21 view the list published under subparagraph 

22 (D). 

23 ‘‘(ii) DETERMINATION.—If the Sec24 retary determines that there is reason to 


rfrederick on DSK6VPTVN1PROD with BILLS
12 

•S 880 IS

1 believe a mistake was made in the accuracy 

2 of the list— 

3 ‘‘(I) the Secretary shall begin a 

4 proceeding to determine whether a 

5 mistake was made; and 

6 ‘‘(II) if the Secretary makes an 

7 affirmative determination under sub8 clause (I), the Secretary shall publish 

9 the appropriate correction.’’. 

10 (b) CONFORMING AMENDMENTS.—Section 31112 of 

11 title 49, United States Code, is amended— 

12 (1) in subsection (d)(1), by striking ‘‘subsection 

13 (g)(2) of this section’’ and inserting ‘‘subsection 

14 (h)(2)’’; 

15 (2) in subsection (g), as redesignated by sub16 section (a)(1)— 

17 (A) in paragraph (1), by inserting ‘‘or 

18 127A(e)’’ after ‘‘127(d)’’; and 

19 (B) in paragraph (3), by inserting ‘‘(or 

20 June 1, 2008, with respect to highways de21 scribed in subsection (f)(1))’’ after ‘‘June 2, 

22 1991’’; and 

23 (3) in paragraph (h)(2), as redesignated by 

24 subsection (a)— 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•S 880 IS

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

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

4 (B) by striking ‘‘of this section’’ and in5 serting ‘‘or (f)’’. 

6 SEC. 4. TERMINATION OF DETERMINATIONS OF GRAND7 FATHERED 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) GRANDFATHERED RIGHTS.— 

12 ‘‘(1) DEFINITION OF INTERSTATE WEIGHT

13 LIMIT.—In this subsection and in section 127A, the 

14 term ‘Interstate weight limit’ means the 80,000- 

15 pound gross vehicle weight limitation, the 20,000- 

16 pound single axle weight limitation (including en17 forcement tolerances), the 34,000-pound tandem 

18 axle weight limitation (including enforcement toler19 ances), and the overall maximum gross weight (in20 cluding enforcement tolerances) limitation on a 

21 group of 2 or more consecutive axles produced by 

22 application of the formula under subsection (a)(2). 

23 ‘‘(2) LIMITATION.—Beginning 90 days after the 

24 date of the enactment of the Safe Highways and In25 frastructure Preservation Act of 2013, a State may 


rfrederick on DSK6VPTVN1PROD with BILLS
14 

•S 880 IS

1 not allow, on a segment of the Interstate System, 

2 the operation of a vehicle or combination (other than 

3 a longer combination vehicle) exceeding an Inter4 state weight limit unless the operation is specified on 

5 the list published under paragraph (3). 

6 ‘‘(3) LIST OF VEHICLES AND COMBINATIONS.— 

7 ‘‘(A) PROCEEDING.—Not later than 30 

8 days after the date of the enactment of this 

9 subsection, the Secretary shall initiate a pro10 ceeding to determine and publish a list of vehi11 cles and combinations (other than longer com12 bination vehicles) otherwise exceeding an Inter13 state weight limit that the Department of 

14 Transportation, any other Federal agency, or a 

15 State has determined, on or before June 1, 

16 2008, could have been or could be lawfully oper17 ated within the State— 

18 ‘‘(i) on July 1, 1956; 

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

20 weight of any group of 2 or more consecu21 tive axles, on January 4, 1975; or 

22 ‘‘(iii) under a special rule applicable 

23 to a State under subsection (a). 

24 ‘‘(B) LIMITATIONS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•S 880 IS

1 ‘‘(i) ACTUAL AND LAWFUL OPER2 ATIONS REQUIRED.—An operation of a ve3 hicle or combination may be included on 

4 the list published under subparagraph (A) 

5 only if the vehicle or combination was in 

6 actual and lawful operation in the State on 

7 a regular or periodic basis on or before 

8 June 1, 2008. 

9 ‘‘(ii) STATE AUTHORITY NOT SUFFI10 CIENT.—An operation of a vehicle or com11 bination may not be included on the list 

12 published under subparagraph (A) on the 

13 basis that a State law could have author14 ized the operation of the vehicle or com15 bination as of a prior date by permit or 

16 otherwise. 

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

18 later than 90 days after the date of the enact19 ment of this subsection, the Secretary shall 

20 publish a final list of vehicles and combinations 

21 described in subparagraph (A). 

22 ‘‘(4) LIMITATION ON EFFECT OF SUB23 SECTION.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), nothing in this subsection 


rfrederick on DSK6VPTVN1PROD with BILLS
16 

•S 880 IS

1 may be construed to prevent a State from re2 ducing the gross vehicle weight limitation, the 

3 single and tandem axle weight limitations, or 

4 the overall maximum gross weight on a group 

5 of 2 or more consecutive axles applicable to por6 tions of the Interstate System in the State for 

7 operations on the list published under para8 graph (3)(C). 

9 ‘‘(B) LIMITATION.—A reduction described 

10 in subparagraph (A) may not result in a limita11 tion that is less than an Interstate weight limit. 

12 ‘‘(5) APPLICABILITY OF EXISTING REQUIRE13 MENTS.—All vehicles and combinations included on 

14 the list published under paragraph (3) shall be sub15 ject to all routing-specific, commodity-specific, and 

16 weight-specific designations in effect in a State as of 

17 June 1, 2008.’’. 

18 (b) CONFORMING AMENDMENT.—Section 127(a)(4) 

19 of title 23, United States Code, is amended by striking 

20 ‘‘the State determines’’. 

21 SEC. 5. NONDIVISIBLE LOAD PROCEEDING. 

22 Section 127 of title 23, United States Code, as 

23 amended by section 4, is further amended by adding at 

24 the end the following: 

25 ‘‘(j) NONDIVISIBLE LOADS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
17 

•S 880 IS

1 ‘‘(1) STATEMENT OF POLICY.—The purpose of 

2 this subsection is to promote conformity with Inter3 state weight limits to preserve publicly funded infra4 structure and protect motorists by limiting max5 imum vehicle weight on key portions of the Federal6 aid highway system. 

7 ‘‘(2) PROCEEDING.—Not later than 30 days 

8 after the date of the enactment of the Safe High9 ways and Infrastructure Preservation Act of 2013, 

10 the Secretary shall initiate a proceeding to define 

11 the term ‘vehicles and loads that cannot be easily 

12 dismantled or divided’ as used in subsection (a) and 

13 section 31112 of title 49. 

14 ‘‘(3) LIST OF COMMODITIES.— 

15 ‘‘(A) IN GENERAL.—The definition devel16 oped under subparagraph (A) shall include a 

17 list of commodities (or classes or types of com18 modities) that do not qualify as nondivisible 

19 loads. 

20 ‘‘(B) LIMITATION.—The list of commod21 ities developed under paragraph (2) shall not be 

22 interpreted to be a comprehensive list of com23 modities that do not qualify as nondivisible 

24 loads. 

25 ‘‘(4) REGULATIONS.—The Secretary shall— 


rfrederick on DSK6VPTVN1PROD with BILLS
18 

•S 880 IS

1 ‘‘(A) promulgate final regulations setting 

2 forth the determination of the Secretary made 

3 under paragraph (2) not later than 90 days 

4 after the date of enactment of the Safe High5 ways and Infrastructure Preservation Act of 

6 2013; and 

7 ‘‘(B) update such regulations, as nec8 essary. 

9 ‘‘(5) APPLICABILITY.—Regulations promulgated 

10 under paragraph (4) shall apply to all vehicles and 

11 loads operating on the National Highway System. 

12 ‘‘(6) STATE REQUIREMENTS.—A State may es13 tablish any requirement that is not inconsistent with 

14 regulations promulgated under paragraph (4).’’. 

15 SEC. 6. WAIVERS OF WEIGHT LIMITATIONS DURING PERI16 ODS OF NATIONAL EMERGENCY. 

17 Section 127 of title 23, United States Code, as 

18 amended by sections 4 and 5, is further amended by add19 ing at the end the following: 

20 ‘‘(k) WAIVERS DURING PERIODS OF NATIONAL

21 EMERGENCY.— 

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

23 provision of this section or section 127A, the Sec24 retary, in consultation with the Secretary of De25 fense, may waive or limit the application of any vehiVerDate Mar 15 2010 04:06 May 08, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S880.IS S880

rfrederick on DSK6VPTVN1PROD with BILLS
19 

•S 880 IS

1 cle weight limit established under this section or sec2 tion 127A with respect to a highway route during a 

3 period of national emergency in order to respond to 

4 the effects of the national emergency. 

5 ‘‘(2) APPLICABILITY.—Emergency limits estab6 lished under paragraph (1) shall preempt any incon7 sistent State vehicle weight limits.’’. 

8 SEC. 7. VEHICLE WEIGHT LIMITATIONS—NATIONAL HIGH9 WAY SYSTEM. 

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

11 States Code, is amended— 

12 (1) in section 127(d)(4), by inserting ‘‘and in 

13 section 127A’’ after ‘‘this section’’; and 

14 (2) by inserting after section 127 the following: 

15 ‘‘§ 127A. Vehicle weight limitations—National High16 way System 

17 ‘‘(a) NON-INTERSTATE HIGHWAYS ON NATIONAL

18 HIGHWAY SYSTEM.— 

19 ‘‘(1) IN GENERAL.—Beginning 90 days after 

20 the date of the enactment of the Safe Highways and 

21 Infrastructure Preservation Act of 2013, any Inter22 state weight limit that applies to vehicles and com23 binations (other than longer combination vehicles) 

24 operating on the Interstate System in a State under 

25 section 127 shall apply to vehicles and combinations 


rfrederick on DSK6VPTVN1PROD with BILLS
20 

•S 880 IS

1 (other than longer combination vehicles) operating 

2 on non-Interstate segments of the National Highway 

3 System in the State unless the segments are subject 

4 to lower State weight limits as provided for under 

5 subsection (d). 

6 ‘‘(2) EXISTING HIGHWAYS.— 

7 ‘‘(A) IN GENERAL.—Notwithstanding para8 graph (1), in the case of a non-Interstate seg9 ment of the National Highway System that is 

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

11 allow the operation of any vehicle or combina12 tion (other than a longer combination vehicle) 

13 on the segment that the Secretary determines 

14 under subsection (b) could have been lawfully 

15 operated on the segment on June 1, 2008. 

16 ‘‘(B) APPLICABILITY OF STATE LAWS.—All 

17 operations described in subparagraph (A) shall 

18 continue to be subject to all State laws, limita19 tions, and conditions, including routing-specific, 

20 commodity-specific, and configuration-specific 

21 designations and all other restrictions, in effect 

22 as of June 1, 2008. 

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

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

25 loading limitations applicable to all vehicles and 


rfrederick on DSK6VPTVN1PROD with BILLS
21 

•S 880 IS

1 combinations (other than longer combination vehi2 cles) on a non-Interstate segment of the National 

3 Highway System that was not open to traffic on 

4 June 1, 2008, shall be the Interstate weight limit. 

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

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

7 a proceeding to determine and publish a list of vehi8 cles and combinations (other than longer combina9 tion vehicles), otherwise exceeding an Interstate 

10 weight limit, that could be lawfully operated on a 

11 non-Interstate segment of the National Highway 

12 System on June 1, 2008. 

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

14 vehicles and combinations under paragraph (1), the 

15 Secretary shall identify— 

16 ‘‘(A) the gross vehicle weight limitations 

17 and axle loading limitations in each State appli18 cable, as of June 1, 2008, to vehicles and com19 binations (other than longer combination vehi20 cles) on non-Interstate segments of the Na21 tional Highway System; and 

22 ‘‘(B) operations of vehicles and combina23 tions (other than longer combination vehicles), 

24 exceeding State gross vehicle weight limitations 

25 and axle loading limitations identified under 


rfrederick on DSK6VPTVN1PROD with BILLS
22 

•S 880 IS

1 subparagraph (A), that were in actual and law2 ful operation on a regular or periodic basis (in3 cluding seasonal operations) as of June 1, 

4 2008. 

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

6 combination may not be included on the list pub7 lished under paragraph (1) on the basis that a State 

8 law (including a regulation) could have authorized 

9 the operation on a prior date by permit or otherwise. 

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

11 than 90 days after the date of the enactment of the 

12 Safe Highways and Infrastructure Preservation Act 

13 of 2013, the Secretary shall publish a final list of ve14 hicles and combinations described in paragraph (1). 

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

16 the list published under paragraph (4) as necessary 

17 to reflect new designations made to the National 

18 Highway System. 

19 ‘‘(c) APPLICABILITY OF LIMITATIONS.—The limita20 tions established under subsection (a) shall— 

21 ‘‘(1) apply to any new designation made to the 

22 National Highway System; and 

23 ‘‘(2) remain in effect on those non-Interstate 

24 highways that cease to be designated as part of the 

25 National Highway System. 


rfrederick on DSK6VPTVN1PROD with BILLS
23 

•S 880 IS

1 ‘‘(d) LIMITATIONS ON STATUTORY CONSTRUC2 TION.— 

3 ‘‘(1) STATE ENFORCEMENT OF MORE RESTRIC4 TIVE WEIGHT LIMITS.—Nothing in this section may 

5 be construed to prevent a State from maintaining or 

6 imposing a weight limitation that is more restrictive 

7 than the Interstate weight limit on vehicles or com8 binations (other than longer combination vehicles) 

9 operating on a non-Interstate segment of the Na10 tional Highway System. 

11 ‘‘(2) STATE ACTIONS TO REDUCE WEIGHT LIM12 ITS.—Nothing in this section may be construed to 

13 prevent a State from reducing the gross vehicle 

14 weight limitation, single or tandem axle weight limi15 tations, or the overall maximum gross weight on 2 

16 or more consecutive axles of the State on any non17 Interstate segment of the National Highway System. 

18 ‘‘(e) LONGER COMBINATION VEHICLES.— 

19 ‘‘(1) PROHIBITION.— 

20 ‘‘(A) IN GENERAL.—Beginning 90 days 

21 after the date of the enactment of the Safe 

22 Highways and Infrastructure Preservation Act 

23 of 2013, a longer combination vehicle may con24 tinue to operate on a non-Interstate segment of 

25 the National Highway System only if the operVerDate Mar 15 2010 04:06 May 08, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S880.IS S880

rfrederick on DSK6VPTVN1PROD with BILLS
24 

•S 880 IS

1 ation of the longer combination vehicle configu2 ration type was— 

3 ‘‘(i) authorized by State officials pur4 suant to State law (including a regulation) 

5 as of June 1, 2008; and 

6 ‘‘(ii) in actual and lawful operation on 

7 a regular or periodic basis (including sea8 sonal operations) on or before June 1, 

9 2008. 

10 ‘‘(B) APPLICABILITY OF STATE LAWS.—All 

11 operations described in subparagraph (A) shall 

12 continue to be subject to all State laws, limita13 tions, and conditions, including routing-specific, 

14 commodity-specific, and configuration-specific 

15 designations and all other restrictions, in effect 

16 as of June 1, 2008. 

17 ‘‘(2) LISTING OF VEHICLES AND COMBINA18 TIONS.— 

19 ‘‘(A) IN GENERAL.—Not later than 30 

20 days after the date of enactment of the Safe 

21 Highways and Infrastructure Preservation Act 

22 of 2013, the Secretary shall initiate a pro23 ceeding to determine and publish a list of 

24 longer combination vehicles that could be lawVerDate Mar 15 2010 04:06 May 08, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S880.IS S880

rfrederick on DSK6VPTVN1PROD with BILLS
25 

•S 880 IS

1 fully operated on non-Interstate segments of the 

2 National Highway System as of June 1, 2008. 

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

4 vehicle may not be included on the list pub5 lished under subparagraph (A) on the basis 

6 that a State law (including a regulation) could 

7 have authorized the operation of the vehicle on 

8 a prior date by permit or otherwise. 

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

10 later than 90 days after the date of enactment 

11 of the Safe Highways and Infrastructure Pres12 ervation Act of 2013, the Secretary shall pub13 lish a final list of longer combination vehicles 

14 described in subparagraph (A). 

15 ‘‘(D) UPDATES.—The Secretary shall up16 date the list published under subparagraph (C) 

17 as necessary to reflect new designations made 

18 to the National Highway System. 

19 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC20 TION.—Nothing in this subsection may be construed 

21 to prevent a State from further restricting in any 

22 manner or prohibiting the operation of a longer com23 bination vehicle, except that any such restriction or 

24 prohibition shall be consistent with section 127 of 


rfrederick on DSK6VPTVN1PROD with BILLS
26 

•S 880 IS

1 this title and sections 31112 through 31114 of title 

2 49. 

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) PURPOSES.—The purposes of the schedule 

8 of fines shall be— 

9 ‘‘(A) to ensure that fines are sufficient to 

10 deter violations of this section; and 

11 ‘‘(B) to permit States to recover costs as12 sociated with damage caused to the National 

13 Highway System by the operation of vehicles. 

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

15 shall encourage States to adopt the schedule of 

16 fines.’’. 

17 (b) ENFORCEMENT OF REQUIREMENTS.—Section 

18 141(a) of title 23, United States Code, is amended by 

19 striking ‘‘the Federal-aid primary system, the Federal-aid 

20 urban system, and the Federal-aid secondary system, in21 cluding the Interstate System in accordance with section 

22 127 of this title’’ and inserting ‘‘the National Highway 

23 System, including the Interstate System, in accordance 

24 with sections 127 and 127A’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
27 

•S 880 IS

1 (c) CONFORMING AMENDMENT.—The chapter anal2 ysis for title 23, United States Code, is amended by insert3 ing after the item relating to section 127 the following: 

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

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS