I 
113TH CONGRESS 
1ST SESSION H. R. 1906 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 9, 2013 
Mr. MCGOVERN (for himself, Mr. CAPUANO, Mr. NADLER, and Mr. WOLF) 
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, to modify 
provisions relating to the 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 of 2013’’. 
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SEC. 2. OPERATION OF RESTRICTED PROPERTY-CARRYING 
UNITS ON NATIONAL HIGHWAY SYSTEM. 
(a) DEFINITION
OF RESTRICTED PROPERTY-CAR-
RYING UNIT.—Section 31111(a) of title 49, United States 
Code, is amended— 
(1) by redesignating paragraph (3) as para-
graph (5); 
(2) by redesignating paragraph (2) as para-
graph (3); 
(3) by redesignating paragraph (4) as para-
graph (2); and 
(4) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) 
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 
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the operation is specified on the list published under 
subsection (h)(2);’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date that 
is 90 days after the date of the 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 the 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 laws, limitations, 
and conditions, including routing-specific, com-
modity-specific, and configuration-specific des-
ignations and all other restrictions, in effect as 
of June 1, 2008. 
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‘‘(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.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date of the enactment of the Safe 
Highways and Infrastructure Preservation Act 
of 2013, the Secretary shall initiate a pro-
ceeding to determine and publish a list of re-
stricted property-carrying units that were— 
‘‘(i) authorized by State officials pur-
suant to State law as of June 1, 2008; and 
‘‘(ii) in actual and lawful operation on 
a regular or periodic basis (including sea-
sonal 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 could have authorized the op-
eration of the unit as of a prior date, by permit 
or otherwise. 
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‘‘(C) PUBLICATION OF FINAL LIST.—Not 
later than 90 days after the date of the enact-
ment of the Safe Highways and Infrastructure 
Preservation Act of 2013, the Secretary shall 
publish a final list of restricted property-car-
rying 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 under subsection (b)(1)(C) 
shall— 
‘‘(A) apply to any new designation made to 
the National Highway System; and 
‘‘(B) remain in effect on those portions of 
the National Highway System that cease to be 
designated as part of the National Highway 
System. 
‘‘(4) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection may be construed 
to prevent a State from further restricting in any 
manner or prohibiting the operation of a restricted 
property-carrying unit, except that any such restric-
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tion or prohibition shall be consistent with the provi-
sions of this subchapter.’’. 
(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) IN GENERAL.—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 1 property-carrying unit (excluding the truck 
tractor) if the property-carrying units are more 
than— 
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‘‘(A) the maximum combination trailer, 
semitrailer, or other type of length limitation al-
lowed by applicable State law as of 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.— 
‘‘(A) APPLICABILITY OF STATE RESTRIC-
TIONS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), a commercial motor vehicle combina-
tion that is not prohibited from operating 
in a State under paragraph (1) may con-
tinue to operate in that State on highways 
described in paragraph (1) if such oper-
ation complies with all applicable State 
laws, limitations, and conditions, including 
routing-specific and configuration-specific 
designations, and all other restrictions in 
effect in that State as of June 1, 2008. 
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‘‘(ii) MINOR ADJUSTMENTS.—Subject 
to regulations promulgated by the Sec-
retary under subsection (h), a State may 
make minor temporary and emergency ad-
justments to route designations and vehicle 
operating restrictions in effect as of June 
1, 2008, for specific safety purposes and 
road construction. 
‘‘(B) ADDITIONAL STATE RESTRICTIONS.— 
Nothing in this subsection may be construed to 
prevent a State from further restricting or pro-
hibiting the operation of a commercial motor 
vehicle combination subject to this section, ex-
cept that such a restriction or prohibition shall 
be consistent with this section and sections 
31113(a), 31113(b), and 31114. 
‘‘(C) MINOR ADJUSTMENTS.— 
‘‘(i) IN GENERAL.—Not later than 30 
days after the date on which a State 
makes a minor adjustment of a temporary 
and emergency nature in accordance with 
subparagraph (A)(ii) or further restricting 
or prohibiting the operation of a commer-
cial motor vehicle combination in accord-
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ance with subparagraph (B), the State 
shall advise the Secretary of the action. 
‘‘(ii) PUBLICATION.—The Secretary 
shall publish a notice of an action taken by 
a State under clause (i) in the Federal 
Register. 
‘‘(3) LIST OF STATE LENGTH LIMITATIONS.— 
‘‘(A) STATE SUBMISSIONS.— 
‘‘(i) IN GENERAL.—Not later than 30 
days after the date of the enactment of the 
Safe Highways and Infrastructure Preser-
vation Act of 2013, each State shall sub-
mit to the Secretary a complete list of 
State length limitations applicable to com-
mercial motor vehicle combinations oper-
ating in the State on the highways de-
scribed in paragraph (1), including the ap-
plicable State laws associated with the 
length limitations. 
‘‘(ii) FAILURE TO SUBMIT.—If a State 
fails to submit the information required 
under clause (i), the Secretary shall com-
pile and file the information on behalf of 
the State. 
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‘‘(B) PUBLICATION
OF
INTERIM
LIST.— 
The Secretary shall— 
‘‘(i) publish an interim list in the Fed-
eral Register consisting of all information 
submitted under subparagraph (A) not 
later than 60 days after the date of the en-
actment of the Safe Highways and Infra-
structure Preservation Act of 2013; 
‘‘(ii) review for accuracy all informa-
tion submitted by a State under subpara-
graph (A); and 
‘‘(iii) solicit and consider public com-
ment on the accuracy of the information. 
‘‘(C) LIMITATION.—A law may not be in-
cluded on the list submitted by a State or pub-
lished by the Secretary merely because the law 
authorized, or could have authorized, by permit 
or otherwise, the operation of commercial motor 
vehicle combinations not in actual operation on 
a regular or periodic basis on or before June 1, 
2008. 
‘‘(D) PUBLICATION OF FINAL LIST.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date of the enactment of the 
Safe Highways and Infrastructure Preser-
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vation Act of 2013, the Secretary shall 
publish a final version of the list described 
in subparagraph (B) in the Federal Reg-
ister, as revised under this subparagraph 
or subparagraph (E). 
‘‘(ii) REVISIONS.—In publishing the 
final list, the Secretary shall make any re-
visions necessary to correct inaccuracies 
identified under subparagraph (B). 
‘‘(iii) PROHIBITION ON OPERATION.— 
After the final list is published under this 
subparagraph, commercial motor vehicle 
combinations prohibited under paragraph 
(1) may not operate on a highway de-
scribed in paragraph (1) unless included 
on the list. 
‘‘(E) INACCURACIES.— 
‘‘(i) IN GENERAL.—On the motion of 
the Secretary or on request by any person 
(including a State), the Secretary shall re-
view the list published under subparagraph 
(D). 
‘‘(ii) DETERMINATION.—If the Sec-
retary determines that there is reason to 
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believe a mistake was made in the accuracy 
of the list— 
‘‘(I) the Secretary shall begin a 
proceeding to determine whether a 
mistake was made; and 
‘‘(II) if the Secretary makes an 
affirmative determination under sub-
clause (I), the Secretary shall publish 
the appropriate correction.’’. 
(b) CONFORMING AMENDMENTS.—Section 31112 of 
title 49, United States Code, is amended— 
(1) in subsection (d)(1), by striking ‘‘subsection 
(g)(2) of this section’’ and inserting ‘‘subsection 
(h)(2)’’; 
(2) in subsection (g), as redesignated by sub-
section (a)(1)— 
(A) in paragraph (1), by inserting ‘‘or 
127A(e)’’ after ‘‘127(d)’’; and 
(B) in paragraph (3), by inserting ‘‘(or 
June 1, 2008, with respect to highways de-
scribed in subsection (f)(1))’’ after ‘‘June 2, 
1991’’; and 
(3) in paragraph (h)(2), as redesignated by 
subsection (a)— 
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(A) by striking ‘‘Not later than June 15, 
1992, the Secretary’’ and inserting ‘‘The Sec-
retary’’; and 
(B) by striking ‘‘of this section’’ and in-
serting ‘‘or (f)’’. 
SEC. 4. TERMINATION OF DETERMINATIONS OF GRAND-
FATHERED RIGHTS. 
(a) IN GENERAL.—Section 127 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(i) GRANDFATHERED RIGHTS.— 
‘‘(1) DEFINITION
OF
INTERSTATE
WEIGHT 
LIMIT.—In this subsection and in section 127A, the 
term ‘Interstate weight limit’ means the 80,000- 
pound gross vehicle weight limitation, the 20,000- 
pound single axle weight limitation (including en-
forcement tolerances), the 34,000-pound tandem 
axle weight limitation (including enforcement toler-
ances), and the overall maximum gross weight (in-
cluding enforcement tolerances) limitation on a 
group of 2 or more consecutive axles produced by 
application of the formula under subsection (a)(2). 
‘‘(2) LIMITATION.—Beginning 90 days after the 
date of the enactment of the Safe Highways and In-
frastructure Preservation Act of 2013, a State may 
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not allow, on a segment of the Interstate System, 
the operation of a vehicle or combination (other than 
a longer combination vehicle) exceeding an Inter-
state weight limit unless the operation is specified on 
the list published under paragraph (3). 
‘‘(3) LIST OF VEHICLES AND COMBINATIONS.— 
‘‘(A) PROCEEDING.—Not later than 30 
days after the date of the enactment of this 
subsection, the Secretary shall initiate a pro-
ceeding to determine and publish a list of vehi-
cles and combinations (other than longer com-
bination vehicles) otherwise exceeding an Inter-
state weight limit that the Department of 
Transportation, any other Federal agency, or a 
State has determined, on or before June 1, 
2008, could have been or could be lawfully oper-
ated within the 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 January 4, 1975; or 
‘‘(iii) under a special rule applicable 
to a State under subsection (a). 
‘‘(B) LIMITATIONS.— 
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‘‘(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 
basis that a State law could have author-
ized the operation of the vehicle or com-
bination as of a prior date by permit or 
otherwise. 
‘‘(C) PUBLICATION OF FINAL LIST.—Not 
later than 90 days after the date of the enact-
ment of this subsection, the Secretary shall 
publish a final list of vehicles and combinations 
described in subparagraph (A). 
‘‘(4) 
LIMITATION
ON
EFFECT
OF
SUB-
SECTION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), nothing in this subsection 
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may be construed to prevent a State from re-
ducing 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 por-
tions of the Interstate System in the State for 
operations on the list published under para-
graph (3)(C). 
‘‘(B) LIMITATION.—A reduction described 
in subparagraph (A) may not result in a limita-
tion that is less than an Interstate weight limit. 
‘‘(5) APPLICABILITY
OF
EXISTING
REQUIRE-
MENTS.—All vehicles and combinations included on 
the list published under paragraph (3) shall be sub-
ject to all routing-specific, commodity-specific, and 
weight-specific designations in effect in a State as of 
June 1, 2008.’’. 
(b) CONFORMING AMENDMENT.—Section 127(a)(4) 
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, as 
amended by section 4, is further amended by adding at 
the end the following: 
‘‘(j) NONDIVISIBLE LOADS.— 
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‘‘(1) 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. 
‘‘(2) PROCEEDING.—Not later than 30 days 
after the date of the enactment of the Safe High-
ways and Infrastructure Preservation Act of 2013, 
the Secretary shall initiate a proceeding to define 
the term ‘vehicles and loads that cannot be easily 
dismantled or divided’ as used in subsection (a) and 
section 31112 of title 49. 
‘‘(3) LIST OF COMMODITIES.— 
‘‘(A) IN GENERAL.—The definition devel-
oped under subparagraph (A) shall include a 
list of commodities (or classes or types of com-
modities) that do not qualify as nondivisible 
loads. 
‘‘(B) LIMITATION.—The list of commod-
ities developed under paragraph (2) shall not be 
interpreted to be a comprehensive list of com-
modities that do not qualify as nondivisible 
loads. 
‘‘(4) REGULATIONS.—The Secretary shall— 
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