Safe Highways and Infrastructure Preservation Act of 2013 - Prohibits a state from prescribing or enforcing any regulation that allows a restricted property-carrying unit (any trailer, semi-trailer, container, or other property-carrying unit longer than 53 feet, except for a fire-fighting unit) to operate on the National Highway System (NHS) (including the Interstate System), unless the operation of such unit is authorized by the state on June 1, 2008, and in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before that date.
Prohibits a state from allowing the operation of a commercial motor vehicle combination on the NHS (except a vehicle or load that cannot be dismantled or divided easily, and that has been issued a special permit under state law) with more than one property-carrying unit (excluding the truck tractor) whose property-carrying units are more than: (1) the maximum combination trailer, semi-trailer, or other type of length limitation allowed by state law on June 1, 2008; or (2) the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual and lawful operation on a regular or periodic basis (including continual seasonal operation) in such state on or before June 1, 2008.
Prohibits a state from allowing the operation of a vehicle or combination (other than a longer combination vehicle) exceeding Interstate weight limits on the Interstate System unless its operation was lawful: (1) on July 1, 1956; (2) in the case of the overall gross weight of any group of two or more consecutive axles, on January 4, 1975; or (3) under a special permit pursuant to state (grandfather) law.
Declares that Interstate weight limitations on vehicles and combinations (other than longer combination vehicles) that operate on the Interstate System shall apply to such vehicles and combinations that operate on non-Interstate segments of the NHS, unless: (1) such segments are subject to lower state weight limits; or (2) a state allows the operation of any vehicle or combination on an existing non-Interstate segment of the NHS that could have been lawfully operated on June 1, 2008.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 880 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 880
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 SENATE OF THE UNITED STATES
May 7, 2013
Mr. Reid (for Mr. Lautenberg (for himself, Mr. Menendez, Mrs.
Feinstein, and Mrs. McCaskill)) introduced the following bill; which
was read twice and referred to the Committee on Environment and Public
Works
_______________________________________________________________________
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 Representatives 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''.
SEC. 2. OPERATION OF RESTRICTED PROPERTY-CARRYING UNITS ON NATIONAL
HIGHWAY SYSTEM.
(a) Definition of Restricted Property-Carrying Unit.--Section
31111(a) of title 49, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (5);
(2) by redesignating paragraph (2) as paragraph (3);
(3) by redesignating paragraph (4) as paragraph (2); and
(4) by inserting after paragraph (3) the following:
``(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 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 following:
``(h) Restricted Property-Carrying Units.--
``(1) Applicability of prohibition.--
``(A) In general.--Notwithstanding subsection
(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 continue to be
subject to all State laws, limitations, and conditions,
including routing-specific, commodity-specific, and
configuration-specific designations and all other
restrictions, in effect as of 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-carrying 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 proceeding to determine and publish a
list of restricted property-carrying units that were--
``(i) authorized by State officials
pursuant to State law as of June 1, 2008; and
``(ii) in actual and lawful operation on a
regular or periodic basis (including 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 could
have authorized the operation of the unit as of a prior
date, by permit or otherwise.
``(C) Publication of final list.--Not later than 90
days after the date of the enactment of the Safe
Highways and Infrastructure Preservation Act of 2013,
the Secretary shall publish a final list of restricted
property-carrying units described in subparagraph (A).
``(D) Updates.--The Secretary shall update 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 construction.--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
restriction or prohibition shall be consistent with the
provisions 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 following:
``(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 operation of a commercial motor
vehicle combination (except a vehicle or load that cannot be
dismantled easily or divided easily and that has been issued a
special permit under applicable State law) with more than 1
property-carrying unit (excluding the truck tractor) if the
property-carrying units are more than--
``(A) the maximum combination trailer, semitrailer,
or other type of length limitation allowed by
applicable State law as of June 1, 2008; or
``(B) the length of the property-carrying units of
those commercial motor vehicle combinations, 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 restrictions.--
``(i) In general.--Subject to clause (ii),
a commercial motor vehicle combination that is
not prohibited from operating in a State under
paragraph (1) may continue to operate in that
State on highways described in paragraph (1) if
such operation 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.
``(ii) Minor adjustments.--Subject to
regulations promulgated by the Secretary under
subsection (h), a State may make minor
temporary and emergency adjustments 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 prohibiting the operation
of a commercial motor vehicle combination subject to
this section, except 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 commercial motor vehicle
combination in accordance 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 Preservation Act of
2013, each State shall submit to the Secretary
a complete list of State length limitations
applicable to commercial motor vehicle
combinations operating in the State on the
highways described in paragraph (1), including
the applicable 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 compile and file the
information on behalf of the State.
``(B) Publication of interim list.--The Secretary
shall--
``(i) publish an interim list in the
Federal Register consisting of all information
submitted under subparagraph (A) not later than
60 days after the date of the enactment of the
Safe Highways and Infrastructure Preservation
Act of 2013;
``(ii) review for accuracy all information
submitted by a State under subparagraph (A);
and
``(iii) solicit and consider public comment
on the accuracy of the information.
``(C) Limitation.--A law may not be included on the
list submitted by a State or published 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 Preservation Act of
2013, the Secretary shall publish a final
version of the list described in subparagraph
(B) in the Federal Register, as revised under
this subparagraph or subparagraph (E).
``(ii) Revisions.--In publishing the final
list, the Secretary shall make any revisions
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 described 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 review
the list published under subparagraph (D).
``(ii) Determination.--If the Secretary
determines that there is reason to 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
subclause (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 subsection
(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 described in subsection
(f)(1))'' after ``June 2, 1991''; and
(3) in paragraph (h)(2), as redesignated by subsection
(a)--
(A) by striking ``Not later than June 15, 1992, the
Secretary'' and inserting ``The Secretary''; and
(B) by striking ``of this section'' and inserting
``or (f)''.
SEC. 4. TERMINATION OF DETERMINATIONS OF GRANDFATHERED RIGHTS.
(a) In General.--Section 127 of title 23, United States Code, is
amended by adding at the end the following:
``(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
enforcement tolerances), the 34,000-pound tandem axle weight
limitation (including enforcement tolerances), and the overall
maximum gross weight (including 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 Infrastructure Preservation
Act of 2013, 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 (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 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 Transportation, any
other Federal agency, or a State has determined, on or
before June 1, 2008, could have been or could be
lawfully operated within the State--
``(i) on July 1, 1956;
``(ii) in the case of the overall gross
weight of any group of 2 or more consecutive
axles, on January 4, 1975; or
``(iii) under a special rule applicable to
a State under subsection (a).
``(B) Limitations.--
``(i) Actual and lawful operations
required.--An operation of a vehicle 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 sufficient.--An
operation of a vehicle or combination may not
be included on the list published under
subparagraph (A) on the basis that a State law
could have authorized the operation of the
vehicle or combination as of a prior date by
permit or otherwise.
``(C) Publication of final list.--Not later than 90
days after the date of the enactment of this
subsection, the Secretary shall publish a final list of
vehicles and combinations described in subparagraph
(A).
``(4) Limitation on effect of subsection.--
``(A) In general.--Except as provided in
subparagraph (B), nothing in this subsection may be
construed to 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
(3)(C).
``(B) Limitation.--A reduction described in
subparagraph (A) may not result in a limitation that is
less than an Interstate weight limit.
``(5) Applicability of existing requirements.--All vehicles
and combinations included on the list published under paragraph
(3) shall be subject 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.--
``(1) Statement of policy.--The purpose of this subsection
is to promote conformity with Interstate weight limits to
preserve publicly funded infrastructure and protect motorists
by limiting maximum 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 Highways 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 developed under
subparagraph (A) shall include a list of commodities
(or classes or types of commodities) that do not
qualify as nondivisible loads.
``(B) Limitation.--The list of commodities
developed under paragraph (2) shall not be interpreted
to be a comprehensive list of commodities that do not
qualify as nondivisible loads.
``(4) Regulations.--The Secretary shall--
``(A) promulgate final regulations setting forth
the determination of the Secretary made under paragraph
(2) not later than 90 days after the date of enactment
of the Safe Highways and Infrastructure Preservation
Act of 2013; and
``(B) update such regulations, as necessary.
``(5) Applicability.--Regulations promulgated under
paragraph (4) shall apply to all vehicles and loads operating
on the National Highway System.
``(6) State requirements.--A State may establish any
requirement that is not inconsistent with regulations
promulgated under paragraph (4).''.
SEC. 6. WAIVERS OF WEIGHT LIMITATIONS DURING PERIODS OF NATIONAL
EMERGENCY.
Section 127 of title 23, United States Code, as amended by sections
4 and 5, 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 Secretary, in consultation
with the Secretary of Defense, may waive or limit the
application of any vehicle weight limit established under this
section or section 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 established under
paragraph (1) shall preempt any inconsistent State vehicle
weight limits.''.
SEC. 7. VEHICLE WEIGHT LIMITATIONS--NATIONAL HIGHWAY SYSTEM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended--
(1) in section 127(d)(4), by inserting ``and in section
127A'' after ``this section''; and
(2) by inserting after section 127 the following:
``Sec. 127A. Vehicle weight limitations--National Highway System
``(a) Non-Interstate Highways on National Highway System.--
``(1) In general.--Beginning 90 days after the date of the
enactment of the Safe Highways and Infrastructure Preservation
Act of 2013, any Interstate weight limit that applies to
vehicles and combinations (other than longer combination
vehicles) operating on the Interstate System in a State under
section 127 shall apply to vehicles and combinations (other
than longer combination vehicles) operating on non-Interstate
segments of the National Highway System in the State unless the
segments are subject to lower State weight limits as provided
for under subsection (d).
``(2) Existing highways.--
``(A) In general.--Notwithstanding paragraph (1),
in the case of a non-Interstate segment of the National
Highway System that is open to traffic on June 1, 2008,
a State may allow the operation of any vehicle or
combination (other than a longer combination vehicle)
on the segment that the Secretary determines under
subsection (b) could have been lawfully operated on the
segment on June 1, 2008.
``(B) Applicability of state laws.--All operations
described in subparagraph (A) shall continue to be
subject to all State laws, limitations, and conditions,
including routing-specific, commodity-specific, and
configuration-specific designations and all other
restrictions, in effect as of June 1, 2008.
``(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 vehicles) on a non-Interstate segment of the
National Highway System that was not open to traffic on June 1,
2008, 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 vehicles and
combinations (other than longer combination vehicles),
otherwise exceeding an Interstate weight limit, that could be
lawfully operated on a non-Interstate segment of the National
Highway System on June 1, 2008.
``(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 applicable, as of
June 1, 2008, to vehicles and combinations (other than
longer combination vehicles) on non-Interstate segments
of the National Highway System; and
``(B) operations of vehicles and combinations
(other than longer combination vehicles), exceeding
State gross vehicle weight limitations and axle loading
limitations identified under subparagraph (A), that
were in actual and lawful operation on a regular or
periodic basis (including seasonal operations) as of
June 1, 2008.
``(3) Limitation.--An operation of a vehicle or combination
may not be included on the list published under paragraph (1)
on the basis that a State law (including a regulation) could
have authorized the operation on a prior date by permit or
otherwise.
``(4) Publication of final list.--Not later than 90 days
after the date of the enactment of the Safe Highways and
Infrastructure Preservation Act of 2013, the Secretary shall
publish a final list of vehicles and combinations described in
paragraph (1).
``(5) Updates.--The Secretary shall update the list
published under paragraph (4) as necessary to reflect new
designations made to the National Highway System.
``(c) Applicability of Limitations.--The limitations established
under subsection (a) shall--
``(1) apply to any new designation made to the National
Highway System; and
``(2) remain in effect on those non-Interstate highways
that cease to be designated as part of the National Highway
System.
``(d) Limitations on Statutory Construction.--
``(1) State enforcement of more restrictive weight
limits.--Nothing in this section may be construed to prevent 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 limits.--Nothing in
this section may be construed to prevent a State from reducing
the gross vehicle weight limitation, single or tandem axle
weight limitations, or the overall maximum gross weight on 2 or
more consecutive axles of the State on any non-Interstate
segment of the National Highway System.
``(e) Longer Combination Vehicles.--
``(1) Prohibition.--
``(A) In general.--Beginning 90 days after the date
of the enactment of the Safe Highways and
Infrastructure Preservation Act of 2013, a longer
combination vehicle may continue to operate on a non-
Interstate segment of the National Highway System only
if the operation of the longer combination vehicle
configuration type was--
``(i) authorized by State officials
pursuant to State law (including a regulation)
as of June 1, 2008; and
``(ii) in actual and lawful operation on a
regular or periodic basis (including seasonal
operations) on or before June 1, 2008.
``(B) Applicability of state laws.--All operations
described in subparagraph (A) shall continue to be
subject to all State laws, limitations, and conditions,
including routing-specific, commodity-specific, and
configuration-specific designations and all other
restrictions, in effect as of June 1, 2008.
``(2) Listing of vehicles and combinations.--
``(A) In general.--Not later than 30 days after the
date of enactment of the Safe Highways and
Infrastructure Preservation Act of 2013, the Secretary
shall initiate a proceeding to determine and publish a
list of longer combination vehicles that could be
lawfully operated on non-Interstate segments of the
National Highway System as of June 1, 2008.
``(B) Limitation.--A longer combination vehicle may
not be included on the list published under
subparagraph (A) on the basis that a State law
(including a regulation) could have authorized the
operation of the vehicle on a prior date by permit or
otherwise.
``(C) Publication of final list.--Not later than 90
days after the date of enactment of the Safe Highways
and Infrastructure Preservation Act of 2013, the
Secretary shall publish a final list of longer
combination vehicles described in subparagraph (A).
``(D) Updates.--The Secretary shall update the list
published under subparagraph (C) as necessary to
reflect new designations made to the National Highway
System.
``(3) Limitation on statutory construction.--Nothing in
this subsection may be construed to prevent a State from
further restricting in any manner or prohibiting the operation
of a longer combination vehicle, except that any such
restriction or prohibition shall be consistent with section 127
of this title and sections 31112 through 31114 of title 49.
``(f) Model Schedule of Fines.--
``(1) In general.--The Secretary, in consultation with the
States, shall establish a model schedule of fines to be
assessed for violations of this section.
``(2) Purposes.--The purposes of the schedule of fines
shall be--
``(A) to ensure that fines are sufficient to deter
violations of this section; and
``(B) to permit States to recover costs associated
with damage caused to the National Highway System by
the operation of vehicles.
``(3) Adoption by states.--The Secretary shall encourage
States to adopt the schedule of fines.''.
(b) Enforcement of Requirements.--Section 141(a) of title 23,
United States Code, is amended by striking ``the Federal-aid primary
system, the Federal-aid urban system, and the Federal-aid secondary
system, including the Interstate System in accordance with section 127
of this title'' and inserting ``the National Highway System, including
the Interstate System, in accordance with sections 127 and 127A''.
(c) Conforming Amendment.--The chapter analysis for title 23,
United States Code, is amended by inserting after the item relating to
section 127 the following:
``127A. Vehicle weight limitations--National Highway System.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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