,i #aacth ,,congress #ast ,session ,h4 ,r4 #aijf ,,in ,,the ,,house ,,of ,,representatives ,may #i1 #bjac ,mr4 ,mc,govern 7for himself1 ,mr4 ,capuano1 ,mr4 ,nadler1 and ,mr4 ,wolf7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend titles #bc and #di1 ,united ,states ,code1 to modify provisions relating to the length and weight limitations for vehicles operating on ,federal-aid highways1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac4 #b4 ,operation of restricted property-carrying units on ,national ,highway ,system 7a7 ,definition of restricted property-,carrying unit ,section #caaaa7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#e72 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7#c7 by redesignating paragraph 7#d7 as paragraph 7#b72 and 7#d7 by inserting after paragraph 7#c7 the following3 7#d7 ,restricted property-carrying unit ,the term restricted property-carrying unit means any trailer1 semitrailer1 container1 or other property-carrying unit that is longer than #ec feet4 4 7b7 ,prohibition on operation of restricted property-,carrying units 7#a7 ,in general ,section #caaaa7;b77#a77;,c7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7,c7 allows operation on any segment of the ,national ,highway ,system1 including the ,interstate ,system1 of a restricted property-carrying unit unless the operation is specified on the list published under subsection 7h77#b72 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date that is #ij days after the date of the enactment of this ,act4 7c7 ,limitations ,section #caaaa of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7h7 ,restricted property-,carrying units 7#a7 ,applicability of prohibition 7,a7 ,in general ,notwithstanding subsection 7b77#a77;,c71 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 7#b74 7,b7 ,applicability of ,state laws and regulations ,all operations specified on the list published under paragraph 7#b7 shall continue to be subject to all ,state laws1 limitations1 and conditions1 including routing-specific1 commodity-specific1 and configuration-specific designations and all other restrictions1 in effect as of ,june #a1 #bjjh4 7,c7 ,firefighting units ,subsection 7b77#a77;,c7 shall not apply to the operation of a restricted property-carrying unit that is used exclusively for firefighting4 7#b7 ,listing of restricted property-carrying units 7,a7 ,in general ,not later than #cj days after the date of the enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 the ,secretary shall initiate a proceeding to determine and publish a list of restricted property-carrying units that were-- 7i7 authorized by ,state officials pursuant to ,state law as of ,june #a1 #bjjh2 and 7ii7 in actual and lawful operation on a regular or periodic basis 7including seasonal operations7 on or before ,june #a1 #bjjh4 7,b7 ,limitation ,a restricted property-carrying unit may not be included on the list published under subparagraph 7,a7 on the basis that a ,state law could have authorized the operation of the unit as of a prior date1 by permit or otherwise4 7,c7 ,publication of final list ,not later than #ij days after the date of the enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 the ,secretary shall publish a final list of restricted property-carrying units described in subparagraph 7,a74 7,d7 ,updates ,the ,secretary shall update the list published under subparagraph 7,c7 as necessary to reflect new designations made to the ,national ,highway ,system4 7#c7 ,applicability of prohibition ,the prohibition established under subsection 7b77#a77;,c7 shall-- 7,a7 apply to any new designation made to the ,national ,highway ,system2 and 7,b7 remain in effect on those portions of the ,national ,highway ,system that cease to be designated as part of the ,national ,highway ,system4 7#d7 ,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 unit1 except that any such restriction or prohibition shall be consistent with the provisions of this subchapter4 4 7d7 ,enforcement ,the second sentence of section #ada7;a7 of title #bc1 ,united ,states ,code1 is amended by striking section #caaab and inserting sections #caaaa and #caaab4 #c4 ,operation of longer combination vehicles on ,national ,highway ,system 7a7 ,in general ,section #caaab of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,national ,highway ,system 7#a7 ,in general ,a ,state may not allow1 on a segment of the ,national ,highway ,system that is not covered under subsection 7b7 or 7c71 the operation of a commercial motor vehicle combination 7except a vehicle or load that cannot be dismantled easily or divided easily and that has been issued a special permit under applicable ,state law7 with more than #a property-carrying unit 7excluding the truck tractor7 if the property-carrying units are more than-- 7,a7 the maximum combination trailer1 semitrailer1 or other type of length limitation allowed by applicable ,state law as of ,june #a1 #bjjh2 or 7,b7 the length of the property-carrying units of those commercial motor vehicle combinations1 by specific configuration1 in actual and lawful operation on a regular or periodic basis 7including continuing seasonal operation7 in that ,state on or before ,june #a1 #bjjh4 7#b7 ,additional limitations 7,a7 ,applicability of ,state restrictions 7i7 ,in general ,subject to clause 7ii71 a commercial motor vehicle combination that is not prohibited from operating in a ,state under paragraph 7#a7 may continue to operate in that ,state on highways described in paragraph 7#a7 if such operation complies with all applicable ,state laws1 limitations1 and conditions1 including routing-specific and configuration-specific designations1 and all other restrictions in effect in that ,state as of ,june #a1 #bjjh4 7ii7 ,minor adjustments ,subject to regulations promulgated by the ,secretary under subsection 7h71 a ,state may make minor temporary and emergency adjustments to route designations and vehicle operating restrictions in effect as of ,june #a1 #bjjh1 for specific safety purposes and road construction4 7,b7 ,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 section1 except that such a restriction or prohibition shall be consistent with this section and sections #caaac7;a71 #caaac7;b71 and #caaad4 7,c7 ,minor adjustments 7i7 ,in general ,not later than #cj days after the date on which a ,state makes a minor adjustment of a temporary and emergency nature in accordance with subparagraph 7,a77ii7 or further restricting or prohibiting the operation of a commercial motor vehicle combination in accordance with subparagraph 7,b71 the ,state shall advise the ,secretary of the action4 7ii7 ,publication ,the ,secretary shall publish a notice of an action taken by a ,state under clause 7i7 in the ,federal ,register4 7#c7 ,list of state length limitations 7,a7 ,state submissions 7i7 ,in general ,not later than #cj days after the date of the enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 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 7#a71 including the applicable ,state laws associated with the length limitations4 7ii7 ,failure to submit ,if a ,state fails to submit the information required under clause 7i71 the ,secretary shall compile and file the information on behalf of the ,state4 7,b7 ,publication of interim list ,the ,secretary shall-- 7i7 publish an interim list in the ,federal ,register consisting of all information submitted under subparagraph 7,a7 not later than #fj days after the date of the enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac2 7ii7 review for accuracy all information submitted by a ,state under subparagraph 7,a72 and 7iii7 solicit and consider public comment on the accuracy of the information4 7,c7 ,limitation ,a law may not be included on the list submitted by a ,state or published by the ,secretary merely because the law authorized1 or could have authorized1 by permit or otherwise1 the operation of commercial motor vehicle combinations not in actual operation on a regular or periodic basis on or before ,june #a1 #bjjh4 7,d7 ,publication of final list 7i7 ,in general ,not later than #ij days after the date of the enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 the ,secretary shall publish a final version of the list described in subparagraph 7,b7 in the ,federal ,register1 as revised under this subparagraph or subparagraph 7,e74 7ii7 ,revisions ,in publishing the final list1 the ,secretary shall make any revisions necessary to correct inaccuracies identified under subparagraph 7,b74 7iii7 ,prohibition on operation ,after the final list is published under this subparagraph1 commercial motor vehicle combinations prohibited under paragraph 7#a7 may not operate on a highway described in paragraph 7#a7 unless included on the list4 7,e7 ,inaccuracies 7i7 ,in general ,on the motion of the ,secretary or on request by any person 7including a ,state71 the ,secretary shall review the list published under subparagraph 7,d74 7ii7 ,determination ,if the ,secretary determines that there is reason to believe a mistake was made in the accuracy of the list-- 7,i7 the ,secretary shall begin a proceeding to determine whether a mistake was made2 and 7,,ii7 if the ,secretary makes an affirmative determination under subclause 7,i71 the ,secretary shall publish the appropriate correction4 4 7b7 ,conforming amendments ,section #caaab of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#a71 by striking subsection 7g77#b7 of this section and inserting subsection 7h77#b72 7#b7 in subsection 7g71 as redesignated by subsection 7a77#a7-- 7,a7 in paragraph 7#a71 by inserting or #abg;,a7e7 after #abg7;d72 and 7,b7 in paragraph 7#c71 by inserting 7or ,june #a1 #bjjh1 with respect to highways described in subsection 7f77#a77 after ,june #b1 #aiia2 and 7#c7 in paragraph 7h77#b71 as redesignated by subsection 7a7-- 7,a7 by striking ,not later than ,june #ae1 #aiib1 the ,secretary and inserting ,the ,secretary2 and 7,b7 by striking of this section and inserting or 7f74 #d4 ,termination of determinations of grandfathered rights 7a7 ,in general ,section #abg of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,grandfathered rights 7#a7 ,definition of ,interstate weight limit ,in this subsection and in section #abg;,a1 the term ,interstate weight limit means the #hj1jjj-pound gross vehicle weight limitation1 the #bj1jjj-pound single axle weight limitation 7including enforcement tolerances71 the #cd1jjj-pound tandem axle weight limitation 7including enforcement tolerances71 and the overall maximum gross weight 7including enforcement tolerances7 limitation on a group of #b or more consecutive axles produced by application of the formula under subsection 7a77#b74 7#b7 ,limitation ,beginning #ij days after the date of the enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 a ,state may not allow1 on a segment of the ,interstate ,system1 the operation of a vehicle or combination 7other than a longer combination vehicle7 exceeding an ,interstate weight limit unless the operation is specified on the list published under paragraph 7#c74 7#c7 ,list of vehicles and combinations 7,a7 ,proceeding ,not later than #cj days after the date of the enactment of this subsection1 the ,secretary shall initiate a proceeding to determine and publish a list of vehicles and combinations 7other than longer combination vehicles7 otherwise exceeding an ,interstate weight limit that the ,department of ,transportation1 any other ,federal agency1 or a ,state has determined1 on or before ,june #a1 #bjjh1 could have been or could be lawfully operated within the ,state-- 7i7 on ,july #a1 #aief2 7ii7 in the case of the overall gross weight of any group of #b or more consecutive axles1 on ,january #d1 #aige2 or 7iii7 under a special rule applicable to a ,state under subsection 7a74 7,b7 ,limitations 7i7 ,actual and lawful operations required ,an operation of a vehicle or combination may be included on the list published under subparagraph 7,a7 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 #a1 #bjjh4 7ii7 ,state authority not sufficient ,an operation of a vehicle or combination may not be included on the list published under subparagraph 7,a7 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 otherwise4 7,c7 ,publication of final list ,not later than #ij days after the date of the enactment of this subsection1 the ,secretary shall publish a final list of vehicles and combinations described in subparagraph 7,a74 7#d7 ,limitation on effect of subsection 7,a7 ,in general ,except as provided in subparagraph 7,b71 nothing in this subsection may be construed to prevent a ,state from reducing the gross vehicle weight limitation1 the single and tandem axle weight limitations1 or the overall maximum gross weight on a group of #b or more consecutive axles applicable to portions of the ,interstate ,system in the ,state for operations on the list published under paragraph 7#c77;,c74 7,b7 ,limitation ,a reduction described in subparagraph 7,a7 may not result in a limitation that is less than an ,interstate weight limit4 7#e7 ,applicability of existing requirements ,all vehicles and combinations included on the list published under paragraph 7#c7 shall be subject to all routing-specific1 commodity-specific1 and weight-specific designations in effect in a ,state as of ,june #a1 #bjjh4 4 7b7 ,conforming amendment ,section #abg7;a77#d7 of title #bc1 ,united ,states ,code1 is amended by striking the ,state determines4 #e4 ,nondivisible load proceeding ,section #abg of title #bc1 ,united ,states ,code1 as amended by section #d1 is further amended by adding at the end the following3 7j7 ,nondivisible loads 7#a7 ,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 system4 7#b7 ,proceeding ,not later than #cj days after the date of the enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 the ,secretary shall initiate a proceeding to define the term vehicles and loads that cannot be easily dismantled or divided as used in subsection 7a7 and section #caaab of title #di4 7#c7 ,list of commodities 7,a7 ,in general ,the definition developed under subparagraph 7,a7 shall include a list of commodities 7or classes or types of commodities7 that do not qualify as nondivisible loads4 7,b7 ,limitation ,the list of commodities developed under paragraph 7#b7 shall not be interpreted to be a comprehensive list of commodities that do not qualify as nondivisible loads4 7#d7 ,regulations ,the ,secretary shall-- 7,a7 promulgate final regulations setting forth the determination of the ,secretary made under paragraph 7#b7 not later than #ij days after the date of enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac2 and 7,b7 update such regulations1 as necessary4 7#e7 ,applicability ,regulations promulgated under paragraph 7#d7 shall apply to all vehicles and loads operating on the ,national ,highway ,system4 7#f7 ,state requirements ,a ,state may establish any requirement that is not inconsistent with regulations promulgated under paragraph 7#d74 4 #f4 ,waivers of weight limitations during periods of national emergency ,section #abg of title #bc1 ,united ,states ,code1 as amended by sections #d and #e1 is further amended by adding at the end the following3 7k7 ,waivers during periods of national emergency 7#a7 ,in general ,notwithstanding any other provision of this section or section #abg;,a1 the ,secretary1 in consultation with the ,secretary of ,defense1 may waive or limit the application of any vehicle weight limit established under this section or section #abg;,a with respect to a highway route during a period of national emergency in order to respond to the effects of the national emergency4 7#b7 ,applicability ,emergency limits established under paragraph 7#a7 shall preempt any inconsistent ,state vehicle weight limits4 4 #g4 ,vehicle weight limitations--,national ,highway ,system 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in section #abg7;d77#d71 by inserting and in section #abg;,a after this section2 and 7#b7 by inserting after section #abg the following3 #abg;,a4 ,vehicle weight limitations--,national ,highway ,system 7a7 ,non-,interstate highways on ,national ,highway ,system 7#a7 ,in general ,beginning #ij days after the date of the enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 any ,interstate weight limit that applies to vehicles and combinations 7other than longer combination vehicles7 operating on the ,interstate ,system in a ,state under section #abg shall apply to vehicles and combinations 7other than longer combination vehicles7 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 7d74 7#b7 ,existing highways 7,a7 ,in general ,notwithstanding paragraph 7#a71 in the case of a non-,interstate segment of the ,national ,highway ,system that is open to traffic on ,june #a1 #bjjh1 a ,state may allow the operation of any vehicle or combination 7other than a longer combination vehicle7 on the segment that the ,secretary determines under subsection 7b7 could have been lawfully operated on the segment on ,june #a1 #bjjh4 7,b7 ,applicability of state laws ,all operations described in subparagraph 7,a7 shall continue to be subject to all ,state laws1 limitations1 and conditions1 including routing-specific1 commodity-specific1 and configuration-specific designations and all other restrictions1 in effect as of ,june #a1 #bjjh4 7#c7 ,new highways ,subject to subsection 7d77#a71 the gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations 7other than longer combination vehicles7 on a non-,interstate segment of the ,national ,highway ,system that was not open to traffic on ,june #a1 #bjjh1 shall be the ,interstate weight limit4 7b7 ,listing of vehicles and combinations 7#a7 ,in general ,the ,secretary shall initiate a proceeding to determine and publish a list of vehicles and combinations 7other than longer combination vehicles71 otherwise exceeding an ,interstate weight limit1 that could be lawfully operated on a non-,interstate segment of the ,national ,highway ,system on ,june #a1 #bjjh4 7#b7 ,requirements ,in publishing a list of vehicles and combinations under paragraph 7#a71 the ,secretary shall identify-- 7,a7 the gross vehicle weight limitations and axle loading limitations in each ,state applicable1 as of ,june #a1 #bjjh1 to vehicles and combinations 7other than longer combination vehicles7 on non-,interstate segments of the ,national ,highway ,system2 and 7,b7 operations of vehicles and combinations 7other than longer combination vehicles71 exceeding ,state gross vehicle weight limitations and axle loading limitations identified under subparagraph 7,a71 that were in actual and lawful operation on a regular or periodic basis 7including seasonal operations7 as of ,june #a1 #bjjh4 7#c7 ,limitation ,an operation of a vehicle or combination may not be included on the list published under paragraph 7#a7 on the basis that a ,state law 7including a regulation7 could have authorized the operation on a prior date by permit or otherwise4 7#d7 ,publication of final list ,not later than #ij days after the date of the enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 the ,secretary shall publish a final list of vehicles and combinations described in paragraph 7#a74 7#e7 ,updates ,the ,secretary shall update the list published under paragraph 7#d7 as necessary to reflect new designations made to the ,national ,highway ,system4 7c7 ,applicability of limitations ,the limitations established under subsection 7a7 shall-- 7#a7 apply to any new designation made to the ,national ,highway ,system2 and 7#b7 remain in effect on those non-,interstate highways that cease to be designated as part of the ,national ,highway ,system4 7d7 ,limitations on statutory construction 7#a7 ,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 7other than longer combination vehicles7 operating on a non-,interstate segment of the ,national ,highway ,system4 7#b7 ,state actions to reduce weight limits ,nothing in this section may be construed to prevent a ,state from reducing the gross vehicle weight limitation1 single or tandem axle weight limitations1 or the overall maximum gross weight on two or more consecutive axles of the ,state on any non-,interstate segment of the ,national ,highway ,system4 7e7 ,longer combination vehicles 7#a7 ,prohibition 7,a7 ,in general ,beginning #ij days after the date of the enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 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-- 7i7 authorized by ,state officials pursuant to ,state law 7including a regulation7 as of ,june #a1 #bjjh2 and 7ii7 in actual and lawful operation on a regular or periodic basis 7including seasonal operations7 on or before ,june #a1 #bjjh4 7,b7 ,applicability of state laws ,all operations described in subparagraph 7,a7 shall continue to be subject to all ,state laws1 limitations1 and conditions1 including routing-specific1 commodity-specific1 and configuration-specific designations and all other restrictions1 in effect as of ,june #a1 #bjjh4 7#b7 ,listing of vehicles and combinations 7,a7 ,in general ,not later than #cj days after the date of enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 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 #a1 #bjjh4 7,b7 ,limitation ,a longer combination vehicle may not be included on the list published under subparagraph 7,a7 on the basis that a ,state law 7including a regulation7 could have authorized the operation of the vehicle on a prior date by permit or otherwise4 7,c7 ,publication of final list ,not later than #ij days after the date of enactment of the ,safe ,highways and ,infrastructure ,preservation ,act of #bjac1 the ,secretary shall publish a final list of longer combination vehicles described in subparagraph 7,a74 7,d7 ,updates ,the ,secretary shall update the list published under subparagraph 7,c7 as necessary to reflect new designations made to the ,national ,highway ,system4 7#c7 ,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 vehicle1 except that any such restriction or prohibition shall be consistent with section #abg of this title and sections #caaab through #caaad of title #di4 7f7 ,model schedule of fines 7#a7 ,in general ,the ,secretary1 in consultation with the ,states1 shall establish a model schedule of fines to be assessed for violations of this section4 7#b7 ,purposes ,the purposes of the schedule of fines shall be-- 7,a7 to ensure that fines are sufficient to deter violations of this section2 and 7,b7 to permit ,states to recover costs associated with damage caused to the ,national ,highway ,system by the operation of vehicles4 7#c7 ,adoption by states ,the ,secretary shall encourage ,states to adopt the schedule of fines4 4 7b7 ,enforcement of requirements ,section #ada7;a7 of title #bc1 ,united ,states ,code1 is amended by striking the ,federal-aid primary system1 the ,federal-aid urban system1 and the ,federal-aid secondary system1 including the ,interstate ,system in accordance with section #abg of this title and inserting the ,national ,highway ,system1 including the ,interstate ,system1 in accordance with sections #abg and #abg;,a4 7c7 ,conforming amendment ,the chapter analysis for title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #abg the following3 #abg;,a4 ,vehicle weight limitations--,national ,highway ,system4 4