II 

112TH CONGRESS 

1ST SESSION S. 876 

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 3, 2011 

Mr. LAUTENBERG 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’’. 


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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 


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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 270 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. 


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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 60 

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 re11 stricted property-carrying units that were— 

12 ‘‘(i) authorized by State officials pur13 suant to State law as of June 1, 2008; and 

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

15 a regular or periodic basis (including sea16 sonal operations) on or before June 1, 

17 2008. 

18 ‘‘(B) LIMITATION.—A restricted property19 carrying unit may not be included on the list 

20 published under subparagraph (A) on the basis 

21 that a State law could have authorized the op22 eration of the unit as of a prior date, by permit 

23 or otherwise. 

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

25 later than 270 days after the date of the enactVerDate Mar 15 2010 00:33 May 04, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S876.IS S876

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1 ment of this subsection, the Secretary shall 

2 publish a final list of restricted property-car3 rying units described in subparagraph (A). 

4 ‘‘(D) UPDATES.—The Secretary shall up5 date the list published under subparagraph (C) 

6 as necessary to reflect new designations made 

7 to the National Highway System. 

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

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

10 shall— 

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

12 the National Highway System; and 

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

14 the National Highway System that cease to be 

15 designated as part of the National Highway 

16 System. 

17 ‘‘(4) LIMITATION ON STATUTORY CONSTRUC18 TION.—Nothing in this subsection may be construed 

19 to prevent a State from further restricting in any 

20 manner or prohibiting the operation of a restricted 

21 property-carrying unit, except that any such restric22 tion or prohibition shall be consistent with the provi23 sions of this subchapter.’’. 

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

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


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

2 and 31112’’. 

3 SEC. 3. OPERATION OF LONGER COMBINATION VEHICLES 

4 ON NATIONAL HIGHWAY SYSTEM. 

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

6 States Code, is amended— 

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

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

9 (2) by inserting after subsection (e) the fol10 lowing: 

11 ‘‘(f) NATIONAL HIGHWAY SYSTEM.— 

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

13 a segment of the National Highway System that is 

14 not covered under subsection (b) or (c), the oper15 ation of a commercial motor vehicle combination (ex16 cept a vehicle or load that cannot be dismantled eas17 ily or divided easily and that has been issued a spe18 cial permit under applicable State law) with more 

19 than 1 property-carrying unit (excluding the truck 

20 tractor) if the property-carrying units are more 

21 than— 

22 ‘‘(A) the maximum combination trailer, 

23 semitrailer, or other type of length limitation al24 lowed by applicable State law as of June 1, 

25 2008; or 


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

2 units of those commercial motor vehicle com3 binations, by specific configuration, in actual 

4 and lawful operation on a regular or periodic 

5 basis (including continuing seasonal operation) 

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

7 ‘‘(2) ADDITIONAL LIMITATIONS.— 

8 ‘‘(A) APPLICABILITY OF STATE RESTRIC9 TIONS.— 

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

11 (ii), a commercial motor vehicle combina12 tion that is not prohibited from operating 

13 in a State under paragraph (1) may con14 tinue to operate in that State on highways 

15 described in paragraph (1) if such oper16 ation complies with all applicable State 

17 laws, limitations, and conditions, including 

18 routing-specific and configuration-specific 

19 designations, and all other restrictions in 

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

21 ‘‘(ii) MINOR ADJUSTMENTS.—Subject 

22 to regulations promulgated by the Sec23 retary under subsection (h), a State may 

24 make minor temporary and emergency ad25 justments to route designations and vehicle 


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1 operating restrictions in effect as of June 

2 1, 2008, for specific safety purposes and 

3 road construction. 

4 ‘‘(B) ADDITIONAL STATE RESTRICTIONS.— 

5 Nothing in this subsection may be construed to 

6 prevent a State from further restricting or pro7 hibiting the operation of a commercial motor 

8 vehicle combination subject to this section, ex9 cept that such a restriction or prohibition shall 

10 be consistent with this section and sections 

11 31113(a), 31113(b), and 31114. 

12 ‘‘(C) MINOR ADJUSTMENTS.— 

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

14 days after the date on which a State 

15 makes a minor adjustment of a temporary 

16 and emergency nature in accordance with 

17 subparagraph (A)(ii) or further restricting 

18 or prohibiting the operation of a commer19 cial motor vehicle combination in accord20 ance with subparagraph (B), the State 

21 shall advise the Secretary of the action. 

22 ‘‘(ii) PUBLICATION.—The Secretary 

23 shall publish a notice of an action taken by 

24 a State under clause (i) in the Federal 

25 Register. 


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

2 ‘‘(A) STATE SUBMISSIONS.— 

3 ‘‘(i) IN GENERAL.—Not later than 60 

4 days after the date of the enactment of 

5 this subparagraph, each State shall submit 

6 to the Secretary a complete list of State 

7 length limitations applicable to commercial 

8 motor vehicle combinations operating in 

9 the State on the highways described in 

10 paragraph (1), including the applicable 

11 State laws associated with the length limi12 tations. 

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

14 fails to submit the information required 

15 under clause (i), the Secretary shall com16 pile and file the information on behalf of 

17 the State. 

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

19 The Secretary shall— 

20 ‘‘(i) publish an interim list in the Fed21 eral Register consisting of all information 

22 submitted under subparagraph (A) not 

23 later than 90 days after the date of the en24 actment of this subparagraph; 


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1 ‘‘(ii) review for accuracy all informa2 tion submitted by a State under subpara3 graph (A); and 

4 ‘‘(iii) solicit and consider public com5 ment on the accuracy of the information. 

6 ‘‘(C) LIMITATION.—A law may not be in7 cluded on the list submitted by a State or pub8 lished by the Secretary merely because the law 

9 authorized, or could have authorized, by permit 

10 or otherwise, the operation of commercial motor 

11 vehicle combinations not in actual operation on 

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

13 2008. 

14 ‘‘(D) PUBLICATION OF FINAL LIST.— 

15 ‘‘(i) IN GENERAL.—Not later than 

16 270 days after the date of the enactment 

17 of this subparagraph, the Secretary shall 

18 publish a final version of the list described 

19 in subparagraph (B) in the Federal Reg20 ister, as revised under this subparagraph 

21 or subparagraph (E). 

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

23 final list, the Secretary shall make any re24 visions necessary to correct inaccuracies 

25 identified under subparagraph (B). 


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1 ‘‘(iii) PROHIBITION ON OPERATION.— 

2 After the final list is published under this 

3 subparagraph, commercial motor vehicle 

4 combinations prohibited under paragraph 

5 (1) may not operate on a highway de6 scribed in paragraph (1) unless included 

7 on the list. 

8 ‘‘(E) INACCURACIES.— 

9 ‘‘(i) IN GENERAL.—On the motion of 

10 the Secretary or on request by any person 

11 (including a State), the Secretary shall re12 view the list published under subparagraph 

13 (D). 

14 ‘‘(ii) DETERMINATION.—If the Sec15 retary determines that there is reason to 

16 believe a mistake was made in the accuracy 

17 of the list— 

18 ‘‘(I) the Secretary shall begin a 

19 proceeding to determine whether a 

20 mistake was made; and 

21 ‘‘(II) if the Secretary makes an 

22 affirmative determination under sub23 clause (I), the Secretary shall publish 

24 the appropriate correction.’’. 


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1 (b) CONFORMING AMENDMENTS.—Section 31112 of 

2 title 49, United States Code, is amended— 

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

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

5 (h)(2)’’; 

6 (2) in subsection (g), as redesignated by sub7 section (a)(1)— 

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

9 127A(e)’’ after ‘‘127(d)’’; and 

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

11 June 1, 2008, with respect to highways de12 scribed in subsection (f)(1))’’ after ‘‘June 2, 

13 1991’’; and 

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

15 subsection (a)— 

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

17 1992, the Secretary’’ and inserting ‘‘The Sec18 retary’’; and 

19 (B) by striking ‘‘of this section’’ and in20 serting ‘‘or (f)’’. 

21 SEC. 4. TERMINATION OF DETERMINATIONS OF GRAND22 FATHERED RIGHTS. 

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

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘(i) GRANDFATHERED RIGHTS.— 

2 ‘‘(1) DEFINITION OF INTERSTATE WEIGHT

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

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

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

6 pound single axle weight limitation (including en7 forcement tolerances), the 34,000-pound tandem 

8 axle weight limitation (including enforcement toler9 ances), and the overall maximum gross weight (in10 cluding enforcement tolerances) limitation on a 

11 group of 2 or more consecutive axles produced by 

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

13 ‘‘(2) LIMITATION.—Beginning 270 days after 

14 the date of the enactment of this subsection, a State 

15 may not allow, on a segment of the Interstate Sys16 tem, the operation of a vehicle or combination (other 

17 than a longer combination vehicle) exceeding an 

18 Interstate weight limit unless the operation is speci19 fied on the list published under paragraph (3). 

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

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

22 days after the date of the enactment of this 

23 subsection, the Secretary shall initiate a pro24 ceeding to determine and publish a list of vehi25 cles and combinations (other than longer comVerDate Mar 15 2010 00:33 May 04, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S876.IS S876

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1 bination vehicles) otherwise exceeding an Inter2 state weight limit that the Department of 

3 Transportation, any other Federal agency, or a 

4 State has determined, on or before June 1, 

5 2008, could have been or could be lawfully oper6 ated within the State— 

7 ‘‘(i) on July 1, 1956; 

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

9 weight of any group of 2 or more consecu10 tive axles, on January 4, 1975; 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 could have author2 ized the operation of the vehicle or com3 bination as of a prior date by permit or 

4 otherwise. 

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

6 later than 270 days after the date of the enact7 ment of this subsection, the Secretary shall 

8 publish a final list of vehicles and combinations 

9 described in subparagraph (A). 

10 ‘‘(4) LIMITATION ON EFFECT OF SUB11 SECTION.— 

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

13 subparagraph (B), nothing in this subsection 

14 may be construed to prevent a State from re15 ducing the gross vehicle weight limitation, the 

16 single and tandem axle weight limitations, or 

17 the overall maximum gross weight on a group 

18 of 2 or more consecutive axles applicable to por19 tions of the Interstate System in the State for 

20 operations on the list published under para21 graph (3)(C). 

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

23 in subparagraph (A) may not result in a limita24 tion that is less than an Interstate weight limit. 


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1 ‘‘(5) APPLICABILITY OF EXISTING REQUIRE2 MENTS.—All vehicles and combinations included on 

3 the list published under paragraph (3) shall be sub4 ject to all routing-specific, commodity-specific, and 

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

6 June 1, 2008.’’. 

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

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

9 ‘‘the State determines’’. 

10 SEC. 5. NONDIVISIBLE LOAD PROCEEDING. 

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

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

13 the end the following: 

14 ‘‘(j) NONDIVISIBLE LOADS.— 

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

16 this subsection is to promote conformity with Inter17 state weight limits to preserve publicly funded infra18 structure and protect motorists by limiting max19 imum vehicle weight on key portions of the Federal20 aid highway system. 

21 ‘‘(2) PROCEEDING.—Not later than 60 days 

22 after the date of the enactment of this subsection, 

23 the Secretary shall initiate a proceeding to define 

24 the term ‘vehicles and loads that cannot be easily 


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

2 section 31112 of title 49. 

3 ‘‘(3) LIST OF COMMODITIES.— 

4 ‘‘(A) IN GENERAL.—The definition devel5 oped under subparagraph (A) shall include a 

6 list of commodities (or classes or types of com7 modities) that do not qualify as nondivisible 

8 loads. 

9 ‘‘(B) LIMITATION.—The list of commod10 ities developed under paragraph (2) shall not be 

11 interpreted to be a comprehensive list of com12 modities that do not qualify as nondivisible 

13 loads. 

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

15 ‘‘(A) promulgate final regulations setting 

16 forth the determination of the Secretary made 

17 under paragraph (2) not later than 270 days 

18 after the date of enactment of this subsection; 

19 and 

20 ‘‘(B) update such regulations, as nec21 essary. 

22 ‘‘(5) APPLICABILITY.—Regulations promulgated 

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

24 loads operating on the National Highway System. 


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1 ‘‘(6) STATE REQUIREMENTS.—A State may es2 tablish any requirement that is not inconsistent with 

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

4 SEC. 6. WAIVERS OF WEIGHT LIMITATIONS DURING PERI5 ODS OF NATIONAL EMERGENCY. 

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

7 amended by sections 4 and 5, is further amended by add8 ing at the end the following: 

9 ‘‘(k) WAIVERS DURING PERIODS OF NATIONAL

10 EMERGENCY.— 

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

12 provision of this section or section 127A, the Sec13 retary, in consultation with the Secretary of De14 fense, may waive or limit the application of any vehi15 cle weight limit established under this section or sec16 tion 127A with respect to a highway route during a 

17 period of national emergency in order to respond to 

18 the effects of the national emergency. 

19 ‘‘(2) APPLICABILITY.—Emergency limits estab20 lished under paragraph (1) shall preempt any incon21 sistent State vehicle weight limits.’’. 

22 SEC. 7. VEHICLE WEIGHT LIMITATIONS—NATIONAL HIGH23 WAY SYSTEM. 

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

25 States Code, is amended— 


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

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

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

4 ‘‘§ 127A. Vehicle weight limitations—National High5 way System 

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

7 HIGHWAY SYSTEM.— 

8 ‘‘(1) IN GENERAL.—Beginning 270 days after 

9 the date of the enactment of this section, any Inter10 state weight limit that applies to vehicles and com11 binations (other than longer combination vehicles) 

12 operating on the Interstate System in a State under 

13 section 127 shall apply to vehicles and combinations 

14 (other than longer combination vehicles) operating 

15 on non-Interstate segments of the National Highway 

16 System in the State unless the segments are subject 

17 to lower State weight limits as provided for under 

18 subsection (d). 

19 ‘‘(2) EXISTING HIGHWAYS.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding para21 graph (1), in the case of a non-Interstate seg22 ment of the National Highway System that is 

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

24 allow the operation of any vehicle or combina25 tion (other than a longer combination vehicle) 


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1 on the segment that the Secretary determines 

2 under subsection (b) could have been lawfully 

3 operated on the segment on June 1, 2008. 

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

5 operations described in subparagraph (A) shall 

6 continue to be subject to all State laws, limita7 tions, and conditions, including routing-specific, 

8 commodity-specific, and configuration-specific 

9 designations and all other restrictions, in effect 

10 as of June 1, 2008. 

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

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

13 loading limitations applicable to all vehicles and 

14 combinations (other than longer combination vehi15 cles) on a non-Interstate segment of the National 

16 Highway System that was not open to traffic on 

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

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

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

20 a proceeding to determine and publish a list of vehi21 cles and combinations (other than longer combina22 tion vehicles), otherwise exceeding an Interstate 

23 weight limit, that could be lawfully operated on a 

24 non-Interstate segment of the National Highway 

25 System on June 1, 2008. 


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

2 vehicles and combinations under paragraph (1), the 

3 Secretary shall identify— 

4 ‘‘(A) the gross vehicle weight limitations 

5 and axle loading limitations in each State appli6 cable, as of June 1, 2008, to vehicles and com7 binations (other than longer combination vehi8 cles) on non-Interstate segments of the Na9 tional Highway System; and 

10 ‘‘(B) operations of vehicles and combina11 tions (other than longer combination vehicles), 

12 exceeding State gross vehicle weight limitations 

13 and axle loading limitations identified under 

14 subparagraph (A), that were in actual and law15 ful operation on a regular or periodic basis (in16 cluding seasonal operations) as of June 1, 

17 2008. 

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

19 combination may not be included on the list pub20 lished under paragraph (1) on the basis that a State 

21 law (including a regulation) could have authorized 

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

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

24 than 270 days after the date of the enactment of 

25 this section, the Secretary shall publish a final list 


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1 of vehicles and combinations described in paragraph 

2 (1). 

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

4 the list published under paragraph (4) as necessary 

5 to reflect new designations made to the National 

6 Highway System. 

7 ‘‘(c) APPLICABILITY OF LIMITATIONS.—The limita8 tions established under subsection (a) shall— 

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

10 National Highway System; and 

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

12 highways that cease to be designated as part of the 

13 National Highway System. 

14 ‘‘(d) LIMITATIONS ON STATUTORY CONSTRUC15 TION.— 

16 ‘‘(1) STATE ENFORCEMENT OF MORE RESTRIC17 TIVE WEIGHT LIMITS.—Nothing in this section may 

18 be construed to prevent a State from maintaining or 

19 imposing a weight limitation that is more restrictive 

20 than the Interstate weight limit on vehicles or com21 binations (other than longer combination vehicles) 

22 operating on a non-Interstate segment of the Na23 tional Highway System. 

24 ‘‘(2) STATE ACTIONS TO REDUCE WEIGHT LIM25 ITS.—Nothing in this section may be construed to 


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1 prevent a State from reducing the gross vehicle 

2 weight limitation, single or tandem axle weight limi3 tations, or the overall maximum gross weight on 2 

4 or more consecutive axles of the State on any non5 Interstate segment of the National Highway System. 

6 ‘‘(e) LONGER COMBINATION VEHICLES.— 

7 ‘‘(1) PROHIBITION.— 

8 ‘‘(A) IN GENERAL.—Beginning 270 days 

9 after the date of the enactment of this section, 

10 a longer combination vehicle may continue to 

11 operate on a non-Interstate segment of the Na12 tional Highway System only if the operation of 

13 the longer combination vehicle configuration 

14 type was— 

15 ‘‘(i) authorized by State officials pur16 suant to State law (including a regulation) 

17 as of June 1, 2008; and 

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

19 a regular or periodic basis (including sea20 sonal operations) on or before June 1, 

21 2008. 

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

23 operations described in subparagraph (A) shall 

24 continue to be subject to all State laws, limita25 tions, and conditions, including routing-specific, 


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1 commodity-specific, and configuration-specific 

2 designations and all other restrictions, in effect 

3 as of June 1, 2008. 

4 ‘‘(2) LISTING OF VEHICLES AND COMBINA5 TIONS.— 

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

7 days after the date of enactment of this section, 

8 the Secretary shall initiate a proceeding to de9 termine and publish a list of longer combination 

10 vehicles that could be lawfully operated on non11 Interstate segments of the National Highway 

12 System as of June 1, 2008. 

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

14 vehicle may not be included on the list pub15 lished under subparagraph (A) on the basis 

16 that a State law (including a regulation) could 

17 have authorized the operation of the vehicle on 

18 a prior date by permit or otherwise. 

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

20 later than 270 days after the date of enactment 

21 of this section, the Secretary shall publish a 

22 final list of longer combination vehicles de23 scribed in subparagraph (A). 

24 ‘‘(D) UPDATES.—The Secretary shall up25 date the list published under subparagraph (C) 


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1 as necessary to reflect new designations made 

2 to the National Highway System. 

3 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC4 TION.—Nothing in this subsection may be construed 

5 to prevent a State from further restricting in any 

6 manner or prohibiting the operation of a longer com7 bination vehicle, except that any such restriction or 

8 prohibition shall be consistent with section 127 of 

9 this title and sections 31112 through 31114 of title 

10 49. 

11 ‘‘(f) MODEL SCHEDULE OF FINES.— 

12 ‘‘(1) IN GENERAL.—The Secretary, in consulta13 tion with the States, shall establish a model schedule 

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

15 ‘‘(2) PURPOSES.—The purposes of the schedule 

16 of fines shall be— 

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

18 deter violations of this section; and 

19 ‘‘(B) to permit States to recover costs as20 sociated with damage caused to the National 

21 Highway System by the operation of vehicles. 

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

23 shall encourage States to adopt the schedule of 

24 fines.’’. 


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26 

•S 876 IS

1 (b) ENFORCEMENT OF REQUIREMENTS.—Section 

2 141(a) of title 23, United States Code, is amended by 

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

4 urban system, and the Federal-aid secondary system, in5 cluding the Interstate System in accordance with section 

6 127 of this title’’ and inserting ‘‘the National Highway 

7 System, including the Interstate System, in accordance 

8 with sections 127 and 127A’’. 

9 (c) CONFORMING AMENDMENT.—The chapter anal10 ysis for title 23, United States Code, is amended by insert11 ing after the item relating to section 127 the following: 

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

Æ 


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