II 

109TH CONGRESS 

1ST SESSION S. 95

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 SENATE OF THE UNITED STATES 

JANUARY 24, 2005

Mr. LAUTENBERG (for himself and Mr. DEWINE) 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, 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, 

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) RESTRICTED PROPERTY-CARRYING UNIT DE4 FINED.—Section 31111(a)(1) of title 49, United States 

5 Code, is amended—

6 (1) by redesignating paragraph (3) as para7 graph (4); and 

8 (2) by inserting after paragraph (2) the fol9 lowing: 

10 ‘‘(3) RESTRICTED PROPERTY-CARRYING

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

12 means any trailer, semi-trailer, container, or other 

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

14 (b) PROHIBITION ON OPERATION OF RESTRICTED

15 PROPERTY-CARRYING UNITS.—

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

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

18 follows: 

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

20 National Highway System, including the Interstate 

21 System, of a restricted property-carrying unit unless 

22 the operation is specified on the list published under 

23 subsection (h);’’. 

24 (2) EFFECTIVE DATE.—The amendment made 

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

26 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 rout17 ing-specific, commodity-specific, and configura18 tion-specific designations and all other restric19 tions, in force on June 1, 2003. 

20 ‘‘(C) FIRE-FIGHTING 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 fire-fighting. 

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 the Safe 

3 Highways and Infrastructure Preservation Act, 

4 the Secretary shall initiate a proceeding to de5 termine and publish a list of restricted prop6 erty-carrying units that were authorized by 

7 State officials pursuant to State statute or reg8 ulation on June 1, 2003, and in actual and law9 ful operation on a regular or periodic basis (in10 cluding seasonal operations) on or before June 

11 1, 2003. 

12 ‘‘(B) LIMITATION.—A restricted property13 carrying unit may not be included on the list 

14 published under subparagraph (A) on the basis 

15 that a State law or regulation could have au16 thorized the operation of the unit at some prior 

17 date by permit or otherwise. 

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

19 later than 270 days after the date of enactment 

20 of the Safe Highways and Infrastructure Pres21 ervation Act, the Secretary shall publish a final 

22 list of restricted property-carrying units 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) APPLICABILITY OF PROHIBITION.—The 

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

5 apply to any new designation made to the National 

6 Highway System and remain in effect on those por7 tions of the National Highway System that cease to 

8 be designated as part of the National Highway Sys9 tem. 

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

12 from further restricting in any manner or prohib13 iting the operation of a restricted property-carrying 

14 unit if the restrictions or prohibitions are consistent 

15 with the requirements of this section and sections 

16 31112 through 31114.’’. 

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

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

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

20 and 31112’’. 

21 SEC. 3. OPERATION OF LONGER COMBINATION VEHICLES 

22 ON NATIONAL HIGHWAY SYSTEM. 

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

24 States Code, is amended—
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1 (1) by redesignating subsections (f) and (g) as 

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

3 (2) by inserting after subsection (e) the fol4 lowing: 

5 ‘‘(f) NATIONAL HIGHWAY SYSTEM.—

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

7 on a segment of the National Highway System that 

8 is not covered under subsection (b) or (c), the oper9 ation of a commercial motor vehicle combination (ex10 cept a vehicle or load that cannot be dismantled eas11 ily or divided easily and that has been issued a spe12 cial permit under applicable State law) with more 

13 than one property-carrying unit (not including the 

14 truck tractor) whose property-carrying units are 

15 more than—

16 ‘‘(A) the maximum combination trailer, 

17 semitrailer, or other type of length limitation al18 lowed by law or regulation of that State on 

19 June 1, 2003, or 

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

21 units of those commercial motor vehicle com22 binations, by specific configuration, in actual 

23 and lawful operation on a regular or periodic 

24 basis (including continuing seasonal operation) 

25 in that State on or before June 1, 2003. 
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1 ‘‘(2) ADDITIONAL LIMITATIONS.—

2 ‘‘(A) APPLICABILITY OF STATE RESTRIC3 TIONS.—A commercial motor vehicle combina4 tion whose operation in a State is not prohib5 ited under paragraph (1) may continue to oper6 ate in the State on highways described in para7 graph (1) only in compliance with all State 

8 laws, regulations, limitations, and conditions, 

9 including routing-specific and configuration-spe10 cific designations and all other restrictions in 

11 force in the State on June 1, 2003. However, 

12 subject to regulations prescribed by the Sec13 retary under subsection (h), the State may 

14 make minor adjustments of a temporary and 

15 emergency nature to route designations and ve16 hicle operating restrictions in effect on June 1, 

17 2003, for specific safety purposes and road con18 struction. 

19 ‘‘(B) ADDITIONAL STATE RESTRICTIONS.—

20 This subsection does not prevent a State from 

21 further restricting in any manner or prohibiting 

22 the operation of a commercial motor vehicle 

23 combination subject to this section if the re24 strictions or prohibitions are consistent with 
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1 this section and sections 31113(a), 31113(b), 

2 and 31114. 

3 ‘‘(C) MINOR ADJUSTMENTS.—A State 

4 making a minor adjustment of a temporary and 

5 emergency nature as authorized by subpara6 graph (A) or further restricting or prohibiting 

7 the operation of a commercial motor vehicle 

8 combination as authorized by subparagraph (B) 

9 shall advise the Secretary not later than 30 

10 days after the action. The Secretary shall pub11 lish a notice of the action in the Federal Reg12 ister. 

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

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

15 60 days after the date of enactment of the Safe 

16 Highways and Infrastructure Preservation Act, 

17 each State shall submit to the Secretary for 

18 publication a complete list of State length limi19 tations applicable to commercial motor vehicle 

20 combinations operating in the State on the 

21 highways described in paragraph (1). The list 

22 shall indicate the applicable State laws and reg23 ulations associated with the length limitations. 

24 If a State does not submit the information as 
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1 required, the Secretary shall complete and file 

2 the information for the State. 

3 ‘‘(B) PUBLICATION OF INTERIM LIST.—

4 Not later than 90 days after the date of enact5 ment of the Safe Highways and Infrastructure 

6 Preservation Act, the Secretary shall publish an 

7 interim list in the Federal Register consisting 

8 of all information submitted under subpara9 graph (A). The Secretary shall review for accu10 racy all information submitted by a State under 

11 subparagraph (A) and shall solicit and consider 

12 public comment on the accuracy of the informa13 tion. 

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

15 may not be included on the list submitted by a 

16 State or published by the Secretary merely be17 cause it authorized, or could have authorized, 

18 by permit or otherwise, the operation of com19 mercial motor vehicle combinations not in ac20 tual operation on a regular or periodic basis on 

21 or before June 1, 2003. 

22 ‘‘(D) PUBLICATION OF FINAL LIST.—Ex23 cept as revised under this subparagraph or sub24 paragraph (E), the list shall be published as 

25 final in the Federal Register not later than 270 
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1 days after the date of enactment of the Safe 

2 Highways and Infrastructure Preservation Act. 

3 In publishing the final list, the Secretary shall 

4 make any revisions necessary to correct inac5 curacies identified under subparagraph (B). 

6 After publication of the final list, commercial 

7 motor vehicle combinations prohibited under 

8 paragraph (1) may not operate on a highway 

9 described in paragraph (1) except as published 

10 on the list. 

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

12 own motion or on request by any person (in13 cluding a State), the Secretary shall review the 

14 list published under subparagraph (D). If the 

15 Secretary decides there is reason to believe a 

16 mistake was made in the accuracy of the list, 

17 the Secretary shall begin a proceeding to decide 

18 whether a mistake was made. If the Secretary 

19 decides there was a mistake, the Secretary shall 

20 publish the correction.’’. 

21 (b) CONFORMING AMENDMENTS.—Section 31112 of 

22 title 49, United States Code, is amended—

23 (1) by inserting ‘‘126(e) or’’ before ‘‘127(d)’’ in 

24 paragraph (1) of subsection (g) (as redesignated by 

25 subsection (a) of this section);
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1 (2) by inserting ‘‘(or June 1, 2003, with respect 

2 to highways described in subsection (f)(1))’’ after 

3 ‘‘June 2, 1991’’ in paragraph (3) of subsection (g) 

4 (as redesignated by subsection (a) of this section); 

5 (3) by striking ‘‘Not later than June 15, 1992, 

6 the Secretary’’ and inserting ‘‘The Secretary’’; and 

7 (4) by inserting ‘‘or (f)’’ after ‘‘subsection (d)’’ 

8 in paragraph (2) of subsection (h) (as redesignated 

9 by subsection (a) of this section). 

10 SEC. 4. TERMINATION OF DETERMINATIONS OF GRAND11 FATHER RIGHTS. 

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

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(h) GRANDFATHER RIGHTS.—

16 ‘‘(1) GENERAL RULE.—After the 270th day fol17 lowing the date of enactment of the Safe Highways 

18 and Infrastructure Preservation Act, a State may 

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

20 the operation of a vehicle or combination (other than 

21 a longer combination vehicle) exceeding an Inter22 state weight limit unless the operation is specified on 

23 the list published under paragraph (2). 

24 ‘‘(2) LIST OF VEHICLES AND COMBINATIONS.—
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1 ‘‘(A) PROCEEDING.—Not later than 60 

2 days after the date of enactment of the Safe 

3 Highways and Infrastructure Preservation Act, 

4 the Secretary shall initiate a proceeding to de5 termine and publish a list of vehicles and com6 binations (other than longer combination vehi7 cles), otherwise exceeding an Interstate weight 

8 limit, that the Department of Transportation, 

9 any other Federal agency, or a State has deter10 mined on or before June 1, 2003, could be law11 fully operated within such State—

12 ‘‘(i) on July 1, 1956; 

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

14 weight of any group of 2 or more consecu15 tive axles, on the date of enactment of the 

16 Federal-Aid Highway Amendments of 

17 1974; or 

18 ‘‘(iii) under a special rule applicable 

19 to a State under subsection (a). 

20 ‘‘(B) LIMITATIONS.—

21 ‘‘(i) ACTUAL AND LAWFUL OPER22 ATIONS REQUIRED.—An operation of a ve23 hicle or combination may be included on 

24 the list published under subparagraph (A) 

25 only if the vehicle or combination was in 
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1 actual and lawful operation in the State on 

2 a regular or periodic basis on or before 

3 June 1, 2003. 

4 ‘‘(ii) STATE AUTHORITY NOT SUFFI5 CIENT.—An operation of a vehicle or com6 bination may not be included on the list 

7 published under subparagraph (A) on the 

8 basis that a State law or regulation could 

9 have authorized the operation of the vehi10 cle or combination at some prior date by 

11 permit or otherwise. 

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

13 later than 270 days after the date of enactment 

14 of the Safe Highways and Infrastructure Pres15 ervation Act, the Secretary shall publish a final 

16 list of vehicles and combinations described in 

17 subparagraph (A). 

18 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC19 TION.—This subsection does not prevent a State 

20 from reducing the gross vehicle weight limitation, 

21 the single and tandem axle weight limitations, or the 

22 overall maximum gross weight on a group of 2 or 

23 more consecutive axles applicable to portions of the 

24 Interstate System in the State for operations on the 

25 list published under paragraph (2)(C) as long as no 
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1 such reduction results in a limitation that is less 

2 than an Interstate weight limit. 

3 ‘‘(4) APPLICABILITY OF EXISTING REQUIRE4 MENTS.—All vehicles and combinations included on 

5 the list published under paragraph (2) shall be sub6 ject to all routing-specific, commodity-specific, and 

7 weight-specific designations in force in a State on 

8 June 1, 2003. 

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

10 this subsection, the term ‘Interstate weight limit’ 

11 means the 80,000 pound gross vehicle weight limita12 tion, the 20,000 pound single axle weight limitation 

13 (including enforcement tolerances), the 34,000 

14 pound tandem axle weight limitation (including en15 forcement tolerances), and the overall maximum 

16 gross weight (including enforcement tolerances) on a 

17 group of 2 or more consecutive axles produced by 

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

19 (b) CONFORMING AMENDMENT.—The fourth sen20 tence of section 127(a) of title 23, United States Code, 

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

22 SEC. 5. NONDIVISIBLE LOAD PROCEEDING. 

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

24 amended by adding at the end the following: 

25 ‘‘(i) NONDIVISIBLE LOADS.—
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1 ‘‘(1) PROCEEDING.—Not later than 60 days 

2 after the date of enactment of the Safe Highways 

3 and Infrastructure Preservation Act, the Secretary 

4 shall initiate a proceeding to define the term ‘vehi5 cles and loads which cannot be easily dismantled or 

6 divided’ as used in subsection (a) and section 31112 

7 of title 49. 

8 ‘‘(2) LIST OF COMMODITIES.—

9 ‘‘(A) IN GENERAL.—The definition devel10 oped under paragraph (1) shall include a list of 

11 commodities (or classes or types of commod12 ities) that do not qualify as nondivisible loads. 

13 ‘‘(B) LIMITATION.—The list of commod14 ities developed under paragraph (1) shall not be 

15 interpreted to be a comprehensive list of com16 modities that do not qualify as nondivisible 

17 loads. 

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

19 after the date of enactment of the Safe Highways 

20 and Infrastructure Preservation Act, the Secretary 

21 shall issue final regulations setting forth the deter22 mination of the Secretary made under paragraph 

23 (1). The Secretary shall update the regulations as 

24 necessary.
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1 ‘‘(4) APPLICABILITY.—Regulations issued 

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

3 loads operating on the National Highway System. 

4 ‘‘(5) STATE REQUIREMENTS.—A State may es5 tablish any requirement that is not inconsistent with 

6 regulations issued under paragraph (2). 

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

8 this subsection is to promote conformity with Inter9 state weight limits to preserve publicly funded infra10 structure and protect motorists by limiting max11 imum vehicle weight on key portions of the Federal12 aid highway system.’’. 

13 SEC. 6. WAIVERS OF WEIGHT LIMITATIONS DURING PERI14 ODS OF NATIONAL EMERGENCY. 

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

16 amended by adding at the end the following: 

17 ‘‘(j) WAIVERS DURING PERIODS OF NATIONAL

18 EMERGENCY.—

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

20 provision of this section or section 126, the Sec21 retary, in consultation with the Secretary of De22 fense, may waive or limit the application of any vehi23 cle weight limit established under this section or sec24 tion 126 with respect to a highway route during a 
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1 period of national emergency in order to respond to 

2 the effects of the national emergency. 

3 ‘‘(2) APPLICABILITY.—Emergency limits estab4 lished under paragraph (1) shall preempt any incon5 sistent State vehicle weight limits.’’. 

6 SEC. 7. VEHICLE WEIGHT LIMITATIONS—NATIONAL HIGH7 WAY SYSTEM. 

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

9 amended by inserting after section 125 the following: 

10 ‘‘§ 126. Vehicle weight limitations—National Highway 

11 System 

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

13 ‘‘(1) IN GENERAL.—After the 270th day after 

14 the date of enactment of the Safe Highways and In15 frastructure Preservation Act, any Interstate weight 

16 limit that applies to vehicles and combinations (other 

17 than longer combination vehicles) operating on the 

18 Interstate System in a State under section 127 shall 

19 also apply to vehicles and combinations (other than 

20 longer combination vehicles) operating on non-Inter21 state segments of the National Highway System in 

22 such State, unless such segments are subject to 

23 lower State weight limits as provided for in sub24 section (d). 

25 ‘‘(2) EXISTING HIGHWAYS.—
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1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (1), in the case of a non-Interstate seg3 ment of the National Highway System that is 

4 open to traffic on June 1, 2003, a State may 

5 allow the operation of any vehicle or combina6 tion (other than a longer combination vehicle) 

7 on such segment that the Secretary determines 

8 under subsection (b) could be lawfully operated 

9 on such segment on June 1, 2003. 

10 ‘‘(B) APPLICABILITY OF STATE LAWS AND

11 REGULATIONS.—All operations described in 

12 subparagraph (A) shall continue to be subject 

13 to all State statutes, regulations, limitations 

14 and conditions, including routing-specific, com15 modity-specific, and configuration-specific des16 ignations and all other restrictions, in force on 

17 June 1, 2003. 

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

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

20 loading limitations applicable to all vehicles and 

21 combinations (other than longer combination vehi22 cles) on a non-Interstate segment of the National 

23 Highway System that is not open to traffic on June 

24 1, 2003, shall be the Interstate weight limit. 

25 ‘‘(b) LISTING OF VEHICLES AND COMBINATIONS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall initiate 

2 a proceeding to determine and publish a list of vehi3 cles and combinations (other than longer combina4 tion vehicles), otherwise exceeding an Interstate 

5 weight limit, that could be lawfully operated on a 

6 non-Interstate segment of the National Highway 

7 System on June 1, 2003. 

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

9 vehicles and combinations under paragraph (1), the 

10 Secretary shall identify—

11 ‘‘(A) the gross vehicle weight limitations 

12 and axle loading limitations in each State appli13 cable, on June 1, 2003, to vehicles and com14 binations (other than longer combination vehi15 cles) on non-Interstate segments of the Na16 tional Highway System; and 

17 ‘‘(B) operations of vehicles and combina18 tions (other than longer combination vehicles), 

19 exceeding State gross vehicle weight limitations 

20 and axle loading limitations identified under 

21 subparagraph (A), which were in actual and 

22 lawful operation on a regular or periodic basis 

23 (including seasonal operations) on June 1, 

24 2003. 
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1 ‘‘(3) LIMITATION.—An operation of a vehicle or 

2 combination may not be included on the list pub3 lished under paragraph (1) on the basis that a State 

4 law or regulation could have authorized such oper5 ation at some prior date by permit or otherwise. 

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

7 than 270 days after the date of enactment of the 

8 Safe Highways and Infrastructure Preservation Act, 

9 the Secretary shall publish a final list of vehicles and 

10 combinations described in paragraph (1). 

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

12 the list published under paragraph (1) as necessary

13 to reflect new designations made to the National 

14 Highway System. 

15 ‘‘(c) APPLICABILITY OF LIMITATIONS.—The limita16 tions established by subsection (a) shall apply to any new 

17 designation made to the National Highway System and 

18 remain in effect on those non-Interstate highways that 

19 cease to be designated as part of the National Highway 

20 System. 

21 ‘‘(d) LIMITATIONS ON STATUTORY CONSTRUC22 TION.—

23 ‘‘(1) STATE ENFORCEMENT OF MORE RESTRIC24 TIVE WEIGHT LIMITS.—This section does not pre25 vent a State from maintaining or imposing a weight
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1 limitation that is more restrictive than the Interstate 

2 weight limit on vehicles or combinations (other than 

3 longer combination vehicles) operating on a non4 Interstate segment of the National Highway System. 

5 ‘‘(2) STATE ACTIONS TO REDUCE WEIGHT LIM6 ITS.—This section does not prevent a State from re7 ducing the State’s gross vehicle weight limitation, 

8 single or tandem axle weight limitations, or the over9 all maximum gross weight on 2 or more consecutive 

10 axles on any non-Interstate segment of the National 

11 Highway System. 

12 ‘‘(e) LONGER COMBINATION VEHICLES.—

13 ‘‘(1) PROHIBITION.—

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

15 after the date of enactment of the Safe High16 ways and Infrastructure Preservation Act, a 

17 longer combination vehicle may continue to op18 erate on a non-Interstate segment of the Na19 tional Highway System only if the operation of 

20 the longer combination vehicle configuration 

21 type was authorized by State officials pursuant 

22 to State statute or regulation on June 1, 2003, 

23 and in actual and lawful operation on a regular 

24 or periodic basis (including seasonal operations) 

25 on or before June 1, 2003. 
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1 ‘‘(B) APPLICABILITY OF STATE LAWS AND

2 REGULATIONS.—All operations described in 

3 subparagraph (A) shall continue to be subject 

4 to all State statutes, regulations, limitations 

5 and conditions, including routing-specific, com6 modity-specific, and configuration-specific des7 ignations and all other restrictions, in force on 

8 June 1, 2003. 

9 ‘‘(2) LISTING OF VEHICLES AND COMBINA10 TIONS.—

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

12 days after the date of enactment of the Safe 

13 Highways and Infrastructure Preservation Act, 

14 the Secretary shall initiate a proceeding to de15 termine and publish a list of longer combination 

16 vehicles that could be lawfully operated on non17 Interstate segments of the National Highway 

18 System on June 1, 2003. 

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

20 vehicle may not be included on the list pub21 lished under subparagraph (A) on the basis 

22 that a State law or regulation could have au23 thorized the operation of such vehicle at some 

24 prior date by permit or otherwise. 
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1 ‘‘(C) PUBLICATION OF FINAL LIST.—Not 

2 later than 270 days after the date of enactment 

3 of the Safe Highways and Infrastructure Pres4 ervation Act, the Secretary shall publish a final 

5 list of longer combination vehicles described in 

6 subparagraph (A). 

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

9 as necessary to reflect new designations made 

10 to the National Highway System. 

11 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC12 TION.—This subsection does not prevent a State 

13 from further restricting in any manner or prohib14 iting the operation of a longer combination vehicle if 

15 the restrictions or prohibitions are consistent with 

16 the requirements of section 127 of this title and sec17 tions 31112 through 31114 of title 49, United 

18 States Code. 

19 ‘‘(f) MODEL SCHEDULE OF FINES.—

20 ‘‘(1) IN GENERAL.—The Secretary, in consulta21 tion with the States, shall establish a model schedule 

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

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

24 fines shall be to ensure that fines are sufficient to 

25 deter violations of the requirements of this section 
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1 and to permit States to recover costs associated with 

2 damages caused to the National Highway System by 

3 the operation of such vehicles. 

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

5 shall encourage but not require States to adopt the 

6 schedule of fines. 

7 ‘‘(g) DEFINITIONS.—In this section: 

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

9 ‘Interstate weight limit’ has the meaning given that 

10 term in section 127(h). 

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

12 term ‘longer combination vehicle’ has the meaning 

13 given that term in section 127(d).’’. 

14 (b) ENFORCEMENT OF REQUIREMENTS.—Section 

15 141(a) of title 23, United States Code, is amended—

16 (1) by striking ‘‘the Federal-aid primary sys17 tem, the Federal-aid urban system, and the Federal18 aid secondary system, including the Interstate Sys19 tem’’ and inserting ‘‘the National Highway System, 

20 including the Interstate System,’’; and 

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

22 ‘‘sections 126 and 127’’. 

23 (c) CONFORMING AMENDMENT.—The chapter anal24 ysis for subchapter I of chapter 1 of title 23, United 
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1 States Code, is amended by inserting after the item relat2 ing to section 125 the following:

‘‘126. Vehicle weight limitations—National Highway System.’’.

Æ