I
104TH CONGRESS
1ST SESSION
H. R. 2153
To amend title 49, United States Code, to require the Secretary of Transpor-
tation to issue regulations and encourage the States to adopt and imple-
ment laws prohibiting the operation of certain uncovered commercial
motor vehicles on highways.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 1, 1995
Mr. LIPINSKI introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to require the Sec-
retary of Transportation to issue regulations and encour-
age the States to adopt and implement laws prohibiting
the operation of certain uncovered commercial motor ve-
hicles on highways.
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 ‘‘Commercial Motor Ve-
hicle Safety Act of 1995’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) it is in the public interest to prohibit the
operation of certain uncovered commercial motor ve-
hicles and thereby reduce highway fatalities, injuries,
and property damage otherwise associated with such
operation; and
(2) State governments can assist the Federal
Government in assuring the safe operation of com-
mercial motor vehicles by enacting laws prohibiting
the operation of certain uncovered commercial motor
vehicles.
SEC. 3. COVERED LOAD REQUIREMENT.
(a) IN GENERAL.—Subchapter III of chapter 311 of
title 49, United States Code, is amended by adding at the
end thereof the following:
‘‘§ 31148. Covered load requirement
‘‘(a) GENERAL RULE.—Not later than 120 days after
the date of the enactment of this section, the Secretary
of Transportation shall initiate a rulemaking proceeding
for the purpose of issuing regulations prohibiting any per-
son from operating, or causing to be operated, on any
street or highway, any commercial motor vehicle with an
open load of dirt, aggregate, garbage, tailings, wood chips,
refuse, or other similar loose material, unless the load is
secured or enclosed with a tarpaulin or other covering suf-
ficient to prevent any portion of the material from rolling
‘‘(1) the amount of the funds transferred to the
apportionment of such section 402 of the State
under this section for such fiscal year; by
‘‘(2) the ratio of the amount of obligation au-
thority distributed for such fiscal year to the State
for Federal-aid highways and highway safety con-
struction programs to the total of the sums appor-
tioned to the State for Federal-aid highways and
highway safety construction (excluding sums not
subject to any obligation limitation) for such fiscal
year.
‘‘(d) LIMITATION ON APPLICABILITY OF HIGHWAY
SAFETY OBLIGATIONS.—Notwithstanding any other pro-
vision of law, no limitation on the total obligations for
highway safety programs carried out by the Federal High-
way Administration under section 402 of title 23, United
States Code, shall apply to funds transferred under this
section to the apportionment of the State under such sec-
tion 402.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 311 of such title is amended by inserting after
the item relating to section 31147 the following:
‘‘31148. Covered load requirement.’’.