I 
111TH CONGRESS 
1ST SESSION H. R. 1618 
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 
MARCH 19, 2009 
Mr. MCGOVERN (for himself, Mr. KIRK, Ms. BERKLEY, Mr. HASTINGS of 
Florida, Mr. HINCHEY, Ms. WATSON, Mr. SESTAK, Mr. WOLF, Mr. 
DELAHUNT, Mr. FILNER, Mr. KUCINICH, Mr. HOLT, Mr. NADLER of 
New York, Mr. WATT, Ms. MCCOLLUM, Mr. CULBERSON, Mrs. CAPPS, 
Mr. CAPUANO, Mr. STARK, Mr. ORTIZ, Mr. KILDEE, Mr. GRIJALVA, Mr. 
SCHIFF, Mr. VAN HOLLEN, Mr. GENE GREEN of Texas, Mr. DOYLE, Mr. 
ROTHMAN of New Jersey, Mr. BACA, Mr. WAXMAN, Mr. CONNOLLY of 
Virginia, Mr. MCDERMOTT, Mr. MARKEY of Massachusetts, Ms. CASTOR 
of Florida, Mr. RUSH, Ms. WOOLSEY, Mr. BILBRAY, Ms. SLAUGHTER, 
Mr. PLATTS, Mr. TIERNEY, Mr. BRADY of Pennsylvania, Mr. AL GREEN 
of Texas, Ms. NORTON, Mr. POSEY, Mr. MEEK of Florida, Mr. MURTHA, 
Mr. ELLISON, Mr. JACKSON of Illinois, Mrs. BIGGERT, and Mr. FRANK 
of Massachusetts) introduced the following bill; which was referred 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, 
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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) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(5) 
RESTRICTED
PROPERTY-CARRYING 
UNIT.—The term ‘restricted property-carrying unit’ 
means any trailer, semitrailer, 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. 
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(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 
routing-specific, commodity-specific, and con-
figuration-specific designations and all other re-
strictions, in force on June 1, 2008. 
‘‘(C) FIREFIGHTING
UNITS.—Subsection 
(b)(1)(C) shall not apply to the operation of a 
restricted property-carrying unit that is used 
exclusively for firefighting. 
‘‘(2) LISTING OF RESTRICTED PROPERTY-CAR-
RYING UNITS.— 
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‘‘(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 June 1, 2008, and in actual and law-
ful operation on a regular or periodic basis (in-
cluding seasonal operations) on or before June 
1, 2008. 
‘‘(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. 
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‘‘(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 
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(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 
June 1, 2008; 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 June 1, 2008. 
‘‘(2) ADDITIONAL LIMITATIONS.— 
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‘‘(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 June 1, 2008. 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 June 1, 
2008, for specific safety purposes and road con-
struction. 
‘‘(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. 
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‘‘(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 
paragraph, 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-
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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 June 1, 2008. 
‘‘(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, 
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commercial motor vehicle combinations prohib-
ited under paragraph (1) may not operate on a 
highway described in paragraph (1) except as 
published on the list. 
‘‘(E) INACCURACIES.—On the Secretary’s 
own motion or on request by any person (in-
cluding a State), the Secretary shall review the 
list published under subparagraph (D). If the 
Secretary decides there is reason to believe a 
mistake was made in the accuracy of the list, 
the Secretary shall begin a proceeding to decide 
whether a mistake was made. If the Secretary 
decides there was a mistake, the Secretary shall 
publish the correction.’’. 
(b) CONFORMING AMENDMENTS.—Section 31112 of 
title 49, United States Code, is amended— 
(1) in subsection (g)(1) (as redesignated by 
subsection (a) of this section) by inserting ‘‘or 
127a(e)’’ after ‘‘127(d)’’; 
(2) in subsection (g)(3) (as redesignated by 
subsection (a) of this section) by inserting ‘‘(or June 
1, 2008, with respect to highways described in sub-
section (f)(1))’’ after ‘‘June 2, 1991’’; and 
(3) in paragraph (h)(2) (as redesignated by 
subsection (a) of this section)— 
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weight limit, that the Department of Transpor-
tation, any other Federal agency, or a State has 
determined on or before June 1, 2008, 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 
June 1, 2008. 
‘‘(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 
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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 
June 1, 2008. 
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‘‘(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: 
‘‘(j) 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.— 
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‘‘(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-
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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: 
‘‘(k) WAIVERS
DURING
PERIODS
OF
NATIONAL 
EMERGENCY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section or section 127a, 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 127a 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 127 the following: 
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