I
108TH CONGRESS
1ST SESSION
H. R. 2180
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
MAY 21, 2003
Mr. MCGOVERN
(for himself, Mr. OBERSTAR, Mr. LATOURETTE, Ms.
DELAURO, Mr. BLUMENAUER, Mrs. TAUSCHER, Mr. WOLF, Ms. BERK-
LEY, Mr. SMITH of New Jersey, Mr. HONDA, Mr. CAPUANO, Mr.
WELDON of Florida, Mr. MENENDEZ, Ms. CORRINE BROWN of Florida,
Mr. BOEHLERT, Mr. LIPINSKI, Ms. MILLENDER-MCDONALD, Ms. NOR-
TON, Mr. SHIMKUS, Mr. BISHOP of New York, Mr. PLATTS, Mr.
PASCRELL, Mr. COSTELLO, Mr. FILNER, Mr. SABO, Mr. TAYLOR of Mis-
sissippi, Mr. LAMPSON, Mr. NADLER, Mr. HOEFFEL, Mr. CONYERS, Mr.
FRANK of Massachusetts, Mr. STARK, Mr. WEXLER, Mr. DUNCAN, Ms.
EDDIE BERNICE JOHNSON of Texas, Mr. WEINER, Mr. SANDERS, Mr.
MCDERMOTT, Mrs. JONES of Ohio, Mr. JOHNSON of Illinois, Mr. WAX-
MAN, Mr. DINGELL, Mr. MARKEY, Mr. GILCHREST, Mr. DICKS, Mr.
FORD, Mr. EHLERS, Mr. CROWLEY, Mr. DAVIS of Florida, Mr. COLE,
Mr. WATT, Mr. RODRIGUEZ, Mr. TOM DAVIS of Virginia, Mr. INSLEE,
Mr. FATTAH, Mr. GRIJALVA, Mr. STEARNS, Mrs. NAPOLITANO, Mr.
ETHERIDGE, Mr. KIRK, Mr. KILDEE, Mr. ANDREWS, Ms. MCCARTHY of
Missouri, Mr. EVANS, Mr. CULBERSON, Mr. OLVER, Ms. MCCOLLUM,
Mr. VAN HOLLEN, Ms. ROYBAL-ALLARD, Mr. HINCHEY, Mr. KUCINICH,
Mr. DOYLE, Mr. GORDON, Mrs. BONO, Mrs. MALONEY, Mr. BROWN of
Ohio, Mr. AKIN, Mr. FARR, Mr. DELAHUNT, Mr. HASTINGS of Florida,
Mr. HOLT, Mr. RAMSTAD, Mr. LEVIN, Mr. COOPER, Mr. HOLDEN, Mr.
ISRAEL, Mr. MEEHAN, Mr. CLAY, Mr. PAYNE, Mr. NEAL of Massachu-
setts, Mr. WYNN, Mr. ORTIZ, Mr. GONZALEZ, Mr. FROST, Mr. BELL, Mr.
REYES, Mr. GREEN of Texas, Mr. DAVIS of Illinois, Mr. JACKSON of Illi-
nois, Mr. RUSH, Ms. SCHAKOWSKY, Mr. EMANUEL, Mr. GUTIERREZ, Mr.
LANTOS, Ms. LOFGREN, Ms. WOOLSEY, Mr. BACA, Mr. GEORGE MILLER
of California, Mr. BERMAN, Mrs. DAVIS of California, Mrs. CAPPS, Mr.
BECERRA, Ms. LEE, Ms. LINDA T. SA´NCHEZ of California, Mr. SCHIFF,
Mr. SHERMAN, Ms. SOLIS, Ms. WATSON, Mr. SHAYS, and Mr. TIERNEY)
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,
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 June 1, 2003.
‘‘(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 June 1, 2003, and in actual and law-
ful operation on a regular or periodic basis (in-
cluding seasonal operations) on or before June
1, 2003.
‘‘(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
June 1, 2003; 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, 2003.
‘‘(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 June 1, 2003. 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,
2003, 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.
‘‘(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 June 1, 2003.
‘‘(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,
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(g)
of title 49, United States Code, is amended—
(1) in subsection (g)(1) (as redesignated by
subsection (a) of this section) by inserting ‘‘126(e)
or’’ before ‘‘127(d)’’;
(2) in subsection (g)(3) (as redesignated by
subsection (a) of this section) by inserting ‘‘(or June
1, 2003, 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)—
(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