I
107TH CONGRESS
1ST SESSION
H. R. 3132
To amend titles 23 and 49, United States Code, concerning length and
weight limitations for vehicles operating on Federal-aid highways, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 16, 2001
Mr. MCGOVERN (for himself, Mr. BACHUS, Mr. OBERSTAR, Mrs. MORELLA,
Ms. MCKINNEY, Ms. MCCOLLUM, Mr. BLUMENAUER, Mr. HORN, Mr.
NETHERCUTT, Mr. LATOURETTE, Mr. STEARNS, Mrs. THURMAN, Mr.
WOLF, and Mr. DEFAZIO) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure
A BILL
To amend titles 23 and 49, United States Code, concerning
length and weight limitations for vehicles operating on
Federal-aid highways, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safe Highways and
Infrastructure Preservation Act’’.
SEC. 2. OPERATION OF RESTRICTED PROPERTY-CARRYING
UNITS ON NATIONAL HIGHWAY SYSTEM.
(a) RESTRICTED PROPERTY-CARRYING UNIT DE-
FINED.—Section 31111(a)(1) of title 49, United States
Code, is amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) 
RESTRICTED
PROPERTY-CARRYING
UNIT.—The term ‘restricted property-carrying unit’
means any trailer, semi-trailer, container, or other
property-carrying unit that is longer than 53 feet.’’.
(b) PROHIBITION ON OPERATION OF RESTRICTED
PROPERTY-CARRYING UNITS.—
(1) IN GENERAL.—Section 31111(b)(1)(C) of
title 49, United States Code, is amended to read as
follows:
‘‘(C) allows operation on any segment of the
National Highway System, including the Interstate
System, of a restricted property-carrying unit unless
the operation is specified on the list published under
subsection (h);’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect 270 days after the
date of enactment of this Act.
(c) LIMITATIONS.—Section 31111 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(h) RESTRICTED PROPERTY-CARRYING UNITS.—
‘‘(1) APPLICABILITY OF PROHIBITION.—
‘‘(A) IN GENERAL.—Notwithstanding sub-
section (b)(1)(C), a restricted property-carrying
unit may continue to operate on a segment of
the National Highway System if the operation
of such unit is specified on the list published
under paragraph (2).
‘‘(B) APPLICABILITY OF STATE LAWS AND
REGULATIONS.—All operations specified on the
list published under paragraph (2) shall con-
tinue to be subject to all State statutes, regula-
tions, limitations and conditions, including rout-
ing-specific, commodity-specific, and configura-
tion-specific designations and all other restric-
tions, in force on August 1, 2001.
‘‘(C) FIRE-FIGHTING
UNITS.—Subsection
(b)(1)(C) shall not apply to the operation of a
restricted property-carrying unit that is used
exclusively for fire-fighting.
‘‘(2) LISTING OF RESTRICTED PROPERTY-CAR-
RYING UNITS.—
‘‘(A) IN
GENERAL.—Not later than 60
days after the date of enactment of this sub-
section, the Secretary shall initiate a proceeding
to determine and publish a list of restricted
property-carrying units that were authorized by
State officials pursuant to State statute or reg-
ulation on August 1, 2001, and in actual and
lawful operation on a regular or periodic basis
(including seasonal operations) on or before Au-
gust 1, 2001.
‘‘(B) LIMITATION.—A restricted property-
carrying unit may not be included on the list
published under subparagraph (A) on the basis
that a State law or regulation could have au-
thorized the operation of the unit at some prior
date by permit or otherwise.
‘‘(C) PUBLICATION OF FINAL LIST.—Not
later than 270 days after the date of enactment
of this subsection, the Secretary shall publish a
final list of restricted property-carrying units
described in subparagraph (A).
‘‘(D) UPDATES.—The Secretary shall up-
date the list published under subparagraph (C)
as necessary to reflect new designations made
to the National Highway System.
‘‘(3) APPLICABILITY
OF
PROHIBITION.—The
prohibition established by subsection (b)(1)(C) shall
apply to any new designation made to the National
Highway System and remain in effect on those por-
tions of the National Highway System that cease to
be designated as part of the National Highway Sys-
tem.
‘‘(4) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—This subsection does not prevent a State
from further restricting in any manner or prohib-
iting the operation of a restricted property-carrying
unit; except that such restrictions or prohibitions
shall be consistent with the requirements of this sec-
tion and sections 31112 through 31114.’’.
(d) ENFORCEMENT.—The second sentence of section
141(a) of title 23, United States Code, is amended by
striking ‘‘section 31112’’ and inserting ‘‘sections 31111
and 31112’’.
SEC. 3. OPERATION OF LONGER COMBINATION VEHICLES
ON NATIONAL HIGHWAY SYSTEM.
(a) IN GENERAL.—Section 31112 of title 49, United
States Code, is amended—
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the fol-
lowing:
‘‘(f) NATIONAL HIGHWAY SYSTEM.—
‘‘(1) GENERAL RULE.—A State may not allow,
on a segment of the National Highway System that
is not covered under subsection (b) or (c), the oper-
ation of a commercial motor vehicle combination (ex-
cept a vehicle or load that cannot be dismantled eas-
ily or divided easily and that has been issued a spe-
cial permit under applicable State law) with more
than one property-carrying unit (not including the
truck tractor) whose property-carrying units are
more than—
‘‘(A) the maximum combination trailer,
semitrailer, or other type of length limitation al-
lowed by law or regulation of that State on Au-
gust 1, 2001; or
‘‘(B) the length of the property-carrying
units of those commercial motor vehicle com-
binations, by specific configuration, in actual
and lawful operation on a regular or periodic
basis (including continuing seasonal operation)
in that State on or before August 1, 2001.
‘‘(2) ADDITIONAL LIMITATIONS.—
‘‘(A) APPLICABILITY OF STATE RESTRIC-
TIONS.—A commercial motor vehicle combina-
tion whose operation in a State is not prohib-
ited under paragraph (1) may continue to oper-
ate in the State on highways described in para-
graph (1) only in compliance with all State
laws, regulations, limitations, and conditions,
including routing-specific and configuration-spe-
cific designations and all other restrictions in
force in the State on August 1, 2001. However,
subject to regulations prescribed by the Sec-
retary under subsection (h), the State may
make minor adjustments of a temporary and
emergency nature to route designations and ve-
hicle operating restrictions in effect on August
1, 2001, for specific safety purposes and road
construction.
‘‘(B) ADDITIONAL STATE RESTRICTIONS.—
This subsection does not prevent a State from
further restricting in any manner or prohibiting
the operation of a commercial motor vehicle
combination subject to this section, except that
such restrictions or prohibitions shall be con-
sistent with this section and sections 31113(a),
31113(b), and 31114.
‘‘(C) 
MINOR
ADJUSTMENTS.—A 
State
making a minor adjustment of a temporary and
emergency nature as authorized by subpara-
graph (A) or further restricting or prohibiting
the operation of a commercial motor vehicle
combination as authorized by subparagraph (B)
shall advise the Secretary not later than 30
days after the action. The Secretary shall pub-
lish a notice of the action in the Federal Reg-
ister.
‘‘(3) LIST OF STATE LENGTH LIMITATIONS.—
‘‘(A) STATE SUBMISSIONS.—Not later than
60 days after the date of enactment of this sub-
section, each State shall submit to the Sec-
retary for publication a complete list of State
length limitations applicable to commercial
motor vehicle combinations operating in the
State on the highways described in paragraph
(1). The list shall indicate the applicable State
laws and regulations associated with the length
limitations. If a State does not submit the in-
formation as required, the Secretary shall com-
plete and file the information for the State.
‘‘(B) PUBLICATION
OF
INTERIM
LIST.—
Not later than 90 days after the date of enact-
ment of this subsection, the Secretary shall
publish an interim list in the Federal Register
consisting of all information submitted under
subparagraph (A). The Secretary shall review
for accuracy all information submitted by a
State under subparagraph (A) and shall solicit
and consider public comment on the accuracy of
the information.
‘‘(C) LIMITATION.—A law or regulation
may not be included on the list submitted by a
State or published by the Secretary merely be-
cause it authorized, or could have authorized,
by permit or otherwise, the operation of com-
mercial motor vehicle combinations not in ac-
tual operation on a regular or periodic basis on
or before August 1, 2001.
‘‘(D) PUBLICATION OF FINAL LIST.—Ex-
cept as revised under this subparagraph or sub-
paragraph (E), the list shall be published as
final in the Federal Register not later than 270
days after the date of enactment of this sub-
section. In publishing the final list, the Sec-
retary shall make any revisions necessary to
correct inaccuracies identified under subpara-
graph (B). After publication of the final list,
(A) by striking ‘‘Not later than June 15,
1992, the Secretary’’ and inserting ‘‘The Sec-
retary’’; and
(B) by inserting ‘‘or (f)’’ after ‘‘subsection
(d)’’.
SEC. 4. TERMINATION OF DETERMINATIONS OF GRAND-
FATHER RIGHTS.
(a) IN GENERAL.—Section 127 of title 23, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(h) GRANDFATHER RIGHTS.—
‘‘(1) GENERAL RULE.—After the 270th day fol-
lowing the date of enactment of this subsection, a
State may not allow, on a segment of the Interstate
System, the operation of a vehicle or combination
(other than a longer combination vehicle) exceeding
an Interstate weight limit unless the operation is
specified on the list published under paragraph (2).
‘‘(2) LIST OF VEHICLES AND COMBINATIONS.—
‘‘(A) PROCEEDING.—Not later than 60
days after the date of enactment of this sub-
section, the Secretary shall initiate a proceeding
to determine and publish a list of vehicles and
combinations (other than longer combination
vehicles), otherwise exceeding an Interstate
weight limit, that the Department of Transpor-
tation, any other Federal agency, or a State has
determined on or before August 1, 2001, could
be lawfully operated within such State—
‘‘(i) on July 1, 1956;
‘‘(ii) in the case of the overall gross
weight of any group of 2 or more consecu-
tive axles, on the date of enactment of the
Federal-Aid 
Highway 
Amendments 
of
1974; or
‘‘(iii) under a special rule applicable
to a State under subsection (a).
‘‘(B) LIMITATIONS.—
‘‘(i) ACTUAL
AND
LAWFUL
OPER-
ATIONS REQUIRED.—An operation of a ve-
hicle or combination may be included on
the list published under subparagraph (A)
only if the vehicle or combination was in
actual and lawful operation in the State on
a regular or periodic basis on or before Au-
gust 1, 2001.
‘‘(ii) STATE AUTHORITY NOT SUFFI-
CIENT.—An operation of a vehicle or com-
bination may not be included on the list
published under subparagraph (A) on the
basis that a State law or regulation could
have authorized the operation of the vehi-
cle or combination at some prior date by
permit or otherwise.
‘‘(C) PUBLICATION OF FINAL LIST.—Not
later than 270 days after the date of enactment
of this subsection, the Secretary shall publish a
final list of vehicles and combinations described
in subparagraph (A).
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—This subsection does not prevent a State
from reducing the gross vehicle weight limitation,
the single and tandem axle weight limitations, or the
overall maximum gross weight on a group of 2 or
more consecutive axles applicable to portions of the
Interstate System in the State for operations on the
list published under paragraph (2)(C) but in no
event may any such reduction result in a limitation
that is less than an Interstate weight limit.
‘‘(4) APPLICABILITY
OF
EXISTING
REQUIRE-
MENTS.—All vehicles and combinations included on
the list published under paragraph (2) shall be sub-
ject to all routing-specific, commodity-specific, and
weight-specific designations in force in a State on
August 1, 2001.
‘‘(5) INTERSTATE WEIGHT LIMIT DEFINED.—In
this subsection, the term ‘Interstate weight limit’
means the 80,000 pound gross vehicle weight limita-
tion, the 20,000 pound single axle weight limitation
(including enforcement tolerances), the 34,000
pound tandem axle weight limitation (including en-
forcement tolerances), and the overall maximum
gross weight (including enforcement tolerances) on a
group of 2 or more consecutive axles produced by
application of the formula in subsection (a).’’.
(b) CONFORMING AMENDMENT.—The fourth sen-
tence of section 127(a) of title 23, United States Code,
is amended by striking ‘‘the State determines’’.
SEC. 5. NONDIVISIBLE LOAD PROCEEDING.
Section 127 of title 23, United States Code, is further
amended by adding at the end the following:
‘‘(i) NONDIVISIBLE LOADS.—
‘‘(1) PROCEEDING.—Not later than 60 days
after the date of enactment of this subsection, the
Secretary shall initiate a proceeding to define the
term ‘vehicles and loads which cannot be easily dis-
mantled or divided’ as used in subsection (a) and
section 31112 of title 49.
‘‘(2) LIST OF COMMODITIES.—
‘‘(A) IN GENERAL.—The definition devel-
oped under paragraph (1) shall include a list of
commodities (or classes or types of commod-
ities) that do not qualify as nondivisible loads.
‘‘(B) LIMITATION.—The list of commod-
ities developed under paragraph (1) shall not be
interpreted to be a comprehensive list of com-
modities that do not qualify as nondivisible
loads.
‘‘(3) REGULATIONS.—Not later than 270 days
after the date of enactment of this subsection, the
Secretary shall issue final regulations setting forth
the determination of the Secretary made under para-
graph (1). The Secretary shall update the regula-
tions as necessary.
‘‘(4) 
APPLICABILITY.—Regulations 
issued
under paragraph (2) shall apply to all vehicles and
loads operating on the National Highway System.
‘‘(5) STATE REQUIREMENTS.—A State may es-
tablish any requirement that is not inconsistent with
regulations issued under paragraph (2).
‘‘(6) STATEMENT OF POLICY.—The purpose of
this subsection is to promote conformity with Inter-
state weight limits to preserve publicly funded infra-
structure and protect motorists by limiting max-
imum vehicle weight on key portions of the Federal-
aid highway system.’’.
SEC. 6. WAIVERS OF WEIGHT LIMITATIONS DURING PERI-
ODS OF NATIONAL EMERGENCY.
Section 127 of title 23, United States Code, is further
amended by adding at the end the following:
‘‘(j) WAIVERS
DURING
PERIODS
OF
NATIONAL
EMERGENCY.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this section or section 126, the Sec-
retary, in consultation with the Secretary of De-
fense, may waive or limit the application of any vehi-
cle weight limit established under this section or sec-
tion 126 with respect to a highway route during a
period of national emergency in order to respond to
the effects of the national emergency.
‘‘(2) APPLICABILITY.—Emergency limits estab-
lished under paragraph (1) shall preempt any incon-
sistent State vehicle weight limits.’’.
SEC. 7. VEHICLE WEIGHT LIMITATIONS—NATIONAL HIGH-
WAY SYSTEM.
(a) IN GENERAL.—Title 23, United States Code, is
amended by inserting after section 125 the following:
‘‘§ 126. Vehicle weight limitations—National Highway
System
‘‘(a) NON-INTERSTATE HIGHWAYS ON NHS.—
‘‘(1) IN GENERAL.—After the 270th day fol-
lowing the date of enactment of this section, any
Interstate weight limit that applies to vehicles and
combinations (other than longer combination vehi-
cles) operating on the Interstate System in a State
under section 127 shall also apply to vehicles and
combinations (other than longer combination vehi-
cles) operating on non-Interstate segments of the
National Highway System in such State, unless such
segments are subject to lower State weight limits as
provided for in subsection (d).
‘‘(2) EXISTING HIGHWAYS.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), in the case of a non-Interstate seg-
ment of the National Highway System that is
open to traffic on August 1, 2001, a State may
allow the operation of any vehicle or combina-
tion (other than a longer combination vehicle)
on such segment that the Secretary determines
under subsection (b) could be lawfully operated
on such segment on August 1, 2001.
‘‘(B) APPLICABILITY OF STATE LAWS AND
REGULATIONS.—All operations described in
subparagraph (A) shall continue to be subject
to all State statutes, regulations, limitations
and conditions, including routing-specific, com-
modity-specific, and configuration-specific des-
ignations and all other restrictions, in force on
August 1, 2001.
‘‘(3) NEW
HIGHWAYS.—Subject to subsection
(d)(1), the gross vehicle weight limitations and axle
loading limitations applicable to all vehicles and
combinations (other than longer combination vehi-
cles) on a non-Interstate segment of the National
Highway System that is not open to traffic on Au-
gust 1, 2001, shall be the Interstate weight limit.
‘‘(b) LISTING OF VEHICLES AND COMBINATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall initiate
a proceeding to determine and publish a list of vehi-
cles and combinations (other than longer combina-
tion vehicles), otherwise exceeding an Interstate
weight limit, that could be lawfully operated on a
non-Interstate segment of the National Highway
System on August 1, 2001.
‘‘(2) REQUIREMENTS.—In publishing a list of
vehicles and combinations under paragraph (1), the
Secretary shall identify—
‘‘(A) the gross vehicle weight limitations
and axle loading limitations in each State appli-
cable, on August 1, 2001, to vehicles and com-
binations (other than longer combination vehi-
cles) on non-Interstate segments of the Na-
tional Highway System; and
‘‘(B) operations of vehicles and combina-
tions (other than longer combination vehicles),
exceeding State gross vehicle weight limitations
and axle loading limitations identified under
subparagraph (A), which were in actual and
lawful operation on a regular or periodic basis
(including seasonal operations) on August 1,
2001.
‘‘(3) LIMITATION.—An operation of a vehicle or
combination may not be included on the list pub-
lished under paragraph (1) on the basis that a State
law or regulation could have authorized such oper-
ation at some prior date by permit or otherwise.
‘‘(4) PUBLICATION OF FINAL LIST.—Not later
than 270 days after the date of enactment of this
section, the Secretary shall publish a final list of ve-
hicles and combinations described in paragraph (1).
‘‘(5) UPDATES.—The Secretary shall update
the list published under paragraph (1) as necessary
to reflect new designations made to the National
Highway System.
‘‘(c) APPLICABILITY OF LIMITATIONS.—The limita-
tions established by subsection (a) shall apply to any new
designation made to the National Highway System and
remain in effect on those non-Interstate highways that
cease to be designated as part of the National Highway
System.
‘‘(d) LIMITATIONS
ON
STATUTORY
CONSTRUC-
TION.—
‘‘(1) STATE ENFORCEMENT OF MORE RESTRIC-
TIVE WEIGHT LIMITS.—This section does not pre-
vent a State from maintaining or imposing a weight
limitation that is more restrictive than the Interstate
weight limit on vehicles or combinations (other than
longer combination vehicles) operating on a non-
Interstate segment of the National Highway System.
‘‘(2) STATE ACTIONS TO REDUCE WEIGHT LIM-
ITS.—This section does not prevent a State from re-
ducing the State’s gross vehicle weight limitation,
single or tandem axle weight limitations, or the over-
all maximum gross weight on 2 or more consecutive
axles on any non-Interstate segment of the National
Highway System.
‘‘(e) LONGER COMBINATION VEHICLES.—
‘‘(1) PROHIBITION.—
‘‘(A) IN GENERAL.—After the 270th day
following the date of enactment of this section,
a longer combination vehicle may continue to
operate on a non-Interstate segment of the Na-
tional Highway System only if the operation of
the longer combination vehicle configuration
type was authorized by State officials pursuant
to State statute or regulation on August 1,
2001, and in actual and lawful operation on a
regular or periodic basis (including seasonal op-
erations) on or before August 1, 2001.
‘‘(B) APPLICABILITY OF STATE LAWS AND
REGULATIONS.—All operations described in
subparagraph (A) shall continue to be subject
to all State statutes, regulations, limitations
and conditions, including routing-specific, com-
modity-specific, and configuration-specific des-
ignations and all other restrictions, in force on
August 1, 2001.
‘‘(2) LISTING
OF
VEHICLES
AND
COMBINA-
TIONS.—
‘‘(A) IN
GENERAL.—Not later than 60
days after the date of enactment of this section,
the Secretary shall initiate a proceeding to de-
termine and publish a list of longer combination
vehicles that could be lawfully operated on non-
Interstate segments of the National Highway
System on August 1, 2001.
‘‘(B) LIMITATION.—A longer combination
vehicle may not be included on the list pub-
lished under subparagraph (A) on the basis
that a State law or regulation could have au-
thorized the operation of such vehicle at some
prior date by permit or otherwise.
‘‘(C) PUBLICATION OF FINAL LIST.—Not
later than 270 days after the date of enactment
of this section, the Secretary shall publish a
final list of longer combination vehicles de-
scribed in subparagraph (A).
‘‘(D) UPDATES.—The Secretary shall up-
date the list published under subparagraph (A)
as necessary to reflect new designations made
to the National Highway System.
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—This subsection does not prevent a State
from further restricting in any manner or prohib-
iting the operation of a longer combination vehicle;
except that such restrictions or prohibitions shall be
consistent with the requirements of section 127 of
this title and sections 31112 through 31114 of title
49, United States Code.
‘‘(f) MODEL SCHEDULE OF FINES.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the States, shall establish a model schedule
of fines to be assessed for violations of this section.
‘‘(2) PURPOSE.—The purpose of the schedule of
fines shall be to ensure that fines are sufficient to
deter violations of the requirements of this section
and to permit States to recover costs associated with
damages caused to the National Highway System by
the operation of such vehicles.
‘‘(3) ADOPTION
BY
STATES.—The Secretary
shall encourage but not require States to adopt the
schedule of fines.
‘‘(g) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) INTERSTATE
WEIGHT
LIMIT.—The term
‘Interstate weight limit’ has the meaning given such
term in section 127(h).
‘‘(2) LONGER
COMBINATION
VEHICLE.—The
term ‘longer combination vehicle’ has the meaning
given such term in section 127(d).’’.
(b) ENFORCEMENT
OF
REQUIREMENTS.—Section
141(a) of title 23, United States Code, is amended—
(1) by striking ‘‘the Federal-aid primary sys-
tem, the Federal-aid urban system, and the Federal-
aid secondary system, including the Interstate Sys-
tem’’ and inserting ‘‘the National Highway System,
including the Interstate System,’’; and
(2) by striking ‘‘section 127’’ and inserting
‘‘sections 126 and 127’’.
(c) CONFORMING AMENDMENT.—The analysis for
title 23, United States Code, is amended by inserting after
the item relating to section 125 the following:
‘‘126. Vehicle weight limitations—National Highway System.’’.
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