Page 105 TITLE 23—HIGHWAYS § 127 Are Subject to the Last Sentence of Section Dwight D

Page 105 TITLE 23—HIGHWAYS § 127 are subject to the last sentence of section Dwight D. Eisenhower System of Interstate 133(d)(1) 1 or to section 104(f) or to section and Defense Highways shall be twenty thou- 133(d)(3). The maximum amount that a State sand pounds carried on one axle, including en- may transfer under this section of the State’s forcement tolerances, and a tandem axle set-aside under section 133(d)(1) 1 or 133(d)(2) for weight of thirty-four thousand pounds, includ- a fiscal year may not exceed 25 percent of (1) the ing enforcement tolerances and with an over- amount of such set-aside, less (2) the amount of all maximum gross weight, including enforce- the State’s set-aside under such section for fis- ment tolerances, on a group of two or more cal year 1997. consecutive axles produced by application of (c) APPLICATION TO CERTAIN CMAQ FUNDS.— the following formula: The maximum amount that a State may transfer under this section of the State’s apportion- W=500 lllllLN +12N+36 ment under section 104(b)(2) for a fiscal year + N¥1 , may not exceed 50 percent of (1) the amount of such apportionment, less (2) the amount that where W equals overall gross weight on any the State’s apportionment under section group of two or more consecutive axles to the 104(b)(2) for such fiscal year would have been had nearest five hundred pounds, L equals distance the program been funded at $1,350,000,000. Any in feet between the extreme of any group of two such funds apportioned under section 104(b)(2) or more consecutive axles, and N equals number and transferred under this section may only be of axles in group under consideration, except obligated in geographic areas eligible for the ob- that two consecutive sets of tandem axles may ligation of funds apportioned under section carry a gross load of thirty-four thousand 104(b)(2). pounds each providing the overall distance between the first and last axles of such consecu- (Added Pub. L. 105–178, title I, § 1310(a), June 9, tive sets of tandem axles (1) is thirty-six feet or 1998, 112 Stat. 234, § 110; renumbered § 126, Pub. L. more, or (2) in the case of a motor vehicle haul- 106–159, title I, § 102(a)(1), Dec. 9, 1999, 113 Stat. ing any tank trailer, dump trailer, or ocean 1752; amended Pub. L. 109–59, title I, transport container before September 1, 1989, is § 1401(a)(3)(B), Aug. 10, 2005, 119 Stat. 1225.) 30 feet or more: Provided, That such overall REFERENCES IN TEXT gross weight may not exceed eighty thousand pounds, including all enforcement tolerances, Section 133(d)(1), referred to in subsec. (b), was re- except for vehicles using Interstate Route 29 be- pealed by Pub. L. 109–59, title I, § 1113(b)(1), Aug. 10, 2005, 119 Stat. 1172. tween Sioux City, Iowa, and the border between Iowa and South Dakota or vehicles using Inter- PRIOR PROVISIONS state Route 129 between Sioux City, Iowa, and A prior section 126, Pub. L. 85–767, Aug. 27, 1958, 72 the border between Iowa and Nebraska, and ex- Stat. 901; Pub. L. 93–87, title I, § 152(3), Aug. 13, 1973, 87 cept for those vehicles and loads which cannot Stat. 276, related to providing Federal aid for highway be easily dismantled or divided and which have construction only to States that used at least amounts been issued special permits in accordance with provided by law on June 18, 1934, for such purposes, applicable State laws, or the corresponding max- prior to repeal by Pub. L. 105–178, title I, § 1226(d), as imum weights permitted for vehicles using the added by Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, public highways of such State under laws or reg- 112 Stat. 837. ulations established by appropriate State au- AMENDMENTS thority in effect on July 1, 1956, except in the 2005—Subsec. (a). Pub. L. 109–59, which directed inser- case of the overall gross weight of any group of tion of ‘‘under’’ after ‘‘State’s apportionment’’, was ex- two or more consecutive axles on any vehicle ecuted by making the insertion after ‘‘State’s appor- (other than a vehicle comprised of a motor vehi- tionment’’ the second place it appeared, to reflect the cle hauling any tank trailer, dump trailer, or probable intent of Congress. ocean transport container on or after September 1999—Pub. L. 106–159 renumbered section 110 of this 1, 1989), on the date of enactment of the Federal- title as this section. Aid Highway Amendments of 1974, whichever is § 127. Vehicle weight limitations—Interstate Sys- the greater. tem (3) Any amount which is withheld from apportionment to any State pursuant to the (a) IN GENERAL.— foregoing provisions shall lapse if not released (1) No funds shall be apportioned in any fis- and obligated within the availability period cal year under section 104(b)(1) of this title to specified in section 118(b)(2) of this title. any State which does not permit the use of (4) This section shall not be construed to The Dwight D. Eisenhower System of Inter- deny apportionment to any State allowing the state and Defense Highways within its bound- operation within such State of any vehicles or aries by vehicles with a weight of twenty combinations thereof, other than vehicles or thousand pounds carried on any one axle, in- combinations subject to subsection (d) of this cluding enforcement tolerances, or with a tan- section, which the State determines could be dem axle weight of thirty-four thousand lawfully operated within such State on July 1, pounds, including enforcement tolerances, or a 1956, except in the case of the overall gross gross weight of at least eighty thousand weight of any group of two or more consecu- pounds for vehicle combinations of five axles tive axles, on the date of enactment of the or more. Federal-Aid Highway Amendments of 1974. (2) However, the maximum gross weight to (5) With respect to the State of Hawaii, laws be allowed by any State for vehicles using The or regulations in effect on February 1, 1960, shall be applicable for the purposes of this sec- 1 See References in Text note below. tion in lieu of those in effect on July 1, 1956. § 127 TITLE 23—HIGHWAYS Page 106

(6) With respect to the State of Colorado, ve- term ‘‘freight container’’ by the International hicles designed to carry 2 or more precast con- Standards Organization in Series 1, Freight Con- crete panels shall be considered a nondivisible tainers, 3rd Edition (reference number load. IS0668–1979(E)) as in effect on the date of the en- (7) With respect to the State of Michigan, actment of this subsection. laws or regulations in effect on May 1, 1982, (d) LONGER COMBINATION VEHICLES.— shall be applicable for the purposes of this sub- (1) PROHIBITION.— section. (A) GENERAL CONTINUATION RULE.—A (8) With respect to the State of Maryland, longer combination vehicle may continue to laws and regulations in effect on June 1, 1993, operate only if the longer combination vehi- shall be applicable for the purposes of this sub- cle configuration type was authorized by section. State officials pursuant to State statute or (9) The State of Louisiana may allow, by regulation conforming to this section and in special permit, the operation of vehicles with actual lawful operation on a regular or peri- a gross vehicle weight of up to 100,000 pounds odic basis (including seasonal operations) on for the hauling of sugarcane during the har- or before June 1, 1991, or pursuant to section vest season, not to exceed 100 days annually. 335 of the Department of Transportation and (10) With respect to Interstate Routes 89, 93, Related Agencies Appropriations Act, 1991 and 95 in the State of New Hampshire, State (104 Stat. 2186). laws (including regulations) concerning vehi- (B) APPLICABILITY OF STATE LAWS AND REG- cle weight limitations that were in effect on ULATIONS.—All such operations shall con- January 1, 1987, and are applicable to State tinue to be subject to, at the minimum, all highways other than the Interstate System, State statutes, regulations, limitations and shall be applicable in lieu of the requirements conditions, including, but not limited to, of this subsection. routing-specific and configuration-specific (11)(A) With respect to all portions of the designations and all other restrictions, in Interstate Highway System in the State of force on June 1, 1991; except that subject to Maine, laws (including regulations) of that such regulations as may be issued by the State concerning vehicle weight limitations Secretary pursuant to paragraph (5) of this applicable to other State highways shall be subsection, the State may make minor ad- applicable in lieu of the requirements under justments of a temporary and emergency na- this subsection through December 31, 2031. ture to route designations and vehicle oper- (B) With respect to all portions of the Inter- ating restrictions in effect on June 1, 1991, state Highway System in the State of Ver- for specific safety purposes and road con- mont, laws (including regulations) of that struction. State concerning vehicle weight limitations (C) WYOMING.—In addition to those vehi- applicable to other State highways shall be cles allowed under subparagraph (A), the applicable in lieu of the requirements under State of Wyoming may allow the operation this subsection through December 31, 2031. of additional vehicle configurations not in (12) HEAVY DUTY VEHICLES.— actual operation on June 1, 1991, but author- (A) IN GENERAL.—Subject to subparagraphs ized by State law not later than November 3, (B) and (C), in order to promote reduction of 1992, if such vehicle configurations comply fuel use and emissions because of engine with the single axle, tandem axle, and bridge idling, the maximum gross vehicle weight formula limits set forth in subsection (a) limit and the axle weight limit for any and do not exceed 117,000 pounds gross vehi- heavy-duty vehicle equipped with an idle re- cle weight. duction technology shall be increased by a (D) OHIO.—In addition to vehicles which quantity necessary to compensate for the the State of Ohio may continue to allow to additional weight of the idle reduction sys- be operated under subparagraph (A), such tem. State may allow longer combination vehi- (B) MAXIMUM WEIGHT INCREASE.—The cles with 3 cargo carrying units of 281⁄2 feet weight increase under subparagraph (A) each (not including the truck tractor) not in shall be not greater than 400 pounds. actual operation on June 1, 1991, to be oper- (C) PROOF.—On request by a regulatory ated within its boundaries on the 1-mile seg- agency or law enforcement agency, the vehi- ment of Ohio State Route 7 which begins at cle operator shall provide proof (through and is south of exit 16 of the Ohio Turnpike. demonstration or certification) that— (E) ALASKA.—In addition to vehicles which (i) the idle reduction technology is fully the State of Alaska may continue to allow functional at all times; and to be operated under subparagraph (A), such (ii) the 400-pound gross weight increase State may allow the operation of longer is not used for any purpose other than the combination vehicles which were not in ac- use of idle reduction technology described tual operation on June 1, 1991, but which in subparagraph (A). were in actual operation prior to July 5, (b) REASONABLE ACCESS.—No State may enact 1991. or enforce any law denying reasonable access to (F) IOWA.—In addition to vehicles that the motor vehicles subject to this title to and from State of Iowa may continue to allow to be the Interstate Highway System to terminals and operated under subparagraph (A), the State facilities for food, fuel, repairs, and rest. may allow longer combination vehicles that (c) OCEAN TRANSPORT CONTAINER DEFINED.— were not in actual operation on June 1, 1991, For purposes of this section, the term ‘‘ocean to be operated on Interstate Route 29 be- transport container’’ has the meaning given the tween Sioux City, Iowa, and the border be- Page 107 TITLE 23—HIGHWAYS § 127

tween Iowa and South Dakota or Interstate list, longer combination vehicles may not Route 129 between Sioux City, Iowa, and the operate on the Interstate System except as border between Iowa and Nebraska. provided in the list. (E) REVIEW AND CORRECTION PROCEDURE.— (2) ADDITIONAL STATE RESTRICTIONS.— The Secretary, on his or her own motion or (A) IN GENERAL.—Nothing in this sub- upon a request by any person (including a section shall prevent any State from further State), shall review the list issued by the restricting in any manner or prohibiting the Secretary pursuant to subparagraph (D). If operation of longer combination vehicles the Secretary determines there is cause to otherwise authorized under this subsection; believe that a mistake was made in the ac- except that such restrictions or prohibitions curacy of the final list, the Secretary shall shall be consistent with the requirements of commence a proceeding to determine wheth- sections 31111–31114 of title 49. er the list published pursuant to subpara- (B) MINOR ADJUSTMENTS.—Any State fur- graph (D) should be corrected. If the Sec- ther restricting or prohibiting the oper- retary determines that there is a mistake in ations of longer combination vehicles or the accuracy of the list the Secretary shall making minor adjustments of a temporary correct the publication under subparagraph and emergency nature as may be allowed (D) to reflect the determination of the Sec- pursuant to regulations issued by the Sec- retary. retary pursuant to paragraph (5) of this subsection, shall, within 30 days, advise the Sec- (4) LONGER COMBINATION VEHICLE DEFINED.— retary of such action, and the Secretary For purposes of this section, the term ‘‘longer shall publish a notice of such action in the combination vehicle’’ means any combination Federal Register. of a truck tractor and 2 or more trailers or semitrailers which operates on the Interstate (3) PUBLICATION OF LIST.— System at a gross vehicle weight greater than (A) SUBMISSION TO SECRETARY.—Within 60 80,000 pounds. days of the date of the enactment of this (5) REGULATIONS REGARDING MINOR ADJUST- subsection, each State (i) shall submit to the MENTS.—Not later than 180 days after the date Secretary for publication in the Federal of the enactment of this subsection, the Sec- Register a complete list of (I) all operations retary shall issue regulations establishing cri- of longer combination vehicles being con- teria for the States to follow in making minor ducted as of June 1, 1991, pursuant to State adjustments under paragraph (1)(B). statutes and regulations; (II) all limitations (e) OPERATION OF CERTAIN SPECIALIZED HAUL- and conditions, including, but not limited ING VEHICLES ON INTERSTATE ROUTE 68.—The sin- to, routing-specific and configuration-spe- gle axle, tandem axle, and bridge formula limits cific designations and all other restrictions, set forth in subsection (a) shall not apply to the governing the operation of longer combina- operation on Interstate Route 68 in Garrett and tion vehicles otherwise prohibited under this Allegany Counties, Maryland, of any specialized subsection; and (III) such statutes, regula- vehicle equipped with a steering axle and a tions, limitations, and conditions; and (ii) tridem axle and used for hauling coal, logs, and shall submit to the Secretary copies of such pulpwood if such vehicle is of a type of vehicle statutes, regulations, limitations, and condi- as was operating in such counties on United tions. States Route 40 or 48 for such purpose on August (B) INTERIM LIST.—Not later than 90 days 1, 1991. after the date of the enactment of this sub- (f) OPERATION OF CERTAIN SPECIALIZED HAUL- section, the Secretary shall publish an in- ING VEHICLES ON CERTAIN WISCONSIN HIGHWAYS.— terim list in the Federal Register, consisting If the 104-mile portion of Wisconsin State Route of all information submitted pursuant to 78 and United States Route 51 between Inter- subparagraph (A). The Secretary shall re- state Route 94 near Portage, Wisconsin, and Wis- view for accuracy all information submitted consin State Route 29 south of Wausau, Wiscon- by the States pursuant to subparagraph (A) sin, is designated as part of the Interstate Sys- and shall solicit and consider public com- tem under section 103(c)(4)(A), the single axle ment on the accuracy of all such informa- weight, tandem axle weight, gross vehicle tion. weight, and bridge formula limits set forth in (C) LIMITATION.—No statute or regulation subsection (a) shall not apply to the 104-mile shall be included on the list submitted by a portion with respect to the operation of any ve- State or published by the Secretary merely hicle that could legally operate on the 104-mile on the grounds that it authorized, or could portion before the date of the enactment of this have authorized, by permit or otherwise, the subsection. operation of longer combination vehicles, (g) OPERATION OF CERTAIN SPECIALIZED HAUL- not in actual operation on a regular or peri- ING VEHICLES ON CERTAIN PENNSYLVANIA HIGH- odic basis on or before June 1, 1991. WAYS.—If the segment of United States Route (D) FINAL LIST.—Except as modified pursu- 220 between Bedford and Bald Eagle, Pennsyl- ant to paragraph (1)(C) of this subsection, vania, is designated as part of the Interstate the list shall be published as final in the System, the single axle weight, tandem axle Federal Register not later than 180 days weight, gross vehicle weight, and bridge formula after the date of the enactment of this sub- limits set forth in subsection (a) shall not apply section. In publishing the final list, the Sec- to that segment with respect to the operation of retary shall make any revisions necessary to any vehicle which could have legally operated correct inaccuracies identified under sub- on that segment before the date of the enact- paragraph (B). After publication of the final ment of this subsection. § 127 TITLE 23—HIGHWAYS Page 108

(h) WAIVER FOR A ROUTE IN STATE OF MAINE (d) of Pub. L. 111–117 were still in effect, notwithstand- DURING PERIODS OF NATIONAL EMERGENCY.— ing section 194(b), (e) of Pub. L. 111–117 which provided (1) IN GENERAL.—Notwithstanding any other that the amendments by section 194(a), (d) were only ef- provision of this section, the Secretary, in fective during the 1-year period beginning on the date of enactment of Pub. L. 111–117. See 2009 Amendment consultation with the Secretary of Defense, notes and Effective and Termination Dates of 2009 may waive or limit the application of any ve- Amendment notes below. hicle weight limit established under this section with respect to the portion of Interstate AMENDMENTS Route 95 in the State of Maine between Au- 2011—Subsec. (a)(11). Pub. L. 112–55 amended par. (11) gusta and Bangor for the purpose of making generally. Prior to amendment, par. (11) read as fol- bulk shipments of jet fuel to the Air National lows: ‘‘With respect to that portion of the Maine Turn- Guard Base at Bangor International Airport pike designated Route 95 and 495, and that portion of Interstate Route 95 from the southern terminus of the during a period of national emergency in order Maine Turnpike to the New Hampshire State line, laws to respond to the effects of the national emer- (including regulations) of the State of Maine concern- gency. ing vehicle weight limitations that were in effect on (2) APPLICABILITY.—Emergency limits estab- October 1, 1995, and are applicable to State highways lished under paragraph (1) shall preempt any other than the Interstate System, shall be applicable in inconsistent State vehicle weight limits. lieu of the requirements of this subsection.’’ 2009—Subsec. (a)(11). Pub. L. 111–117, § 194(c), sub- (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. stituted ‘‘that portion of the Maine Turnpike des- 86–624, § 17(e), July 12, 1960, 74 Stat. 416; Pub. L. ignated Route 95 and 495, and that portion of Interstate 93–643, § 106, Jan. 4, 1975, 88 Stat. 2283; Pub. L. Route 95 from the southern terminus of the Maine 94–280, title I, § 120, May 5, 1976, 90 Stat. 438; Pub. Turnpike to the New Hampshire State line, laws (in- L. 97–424, title I, § 133, formerly § 133(a), Jan. 6, cluding regulations)’’ for ‘‘all portions of the Interstate Highway System in the State, laws (including regula- 1983, 96 Stat. 2123, renumbered § 133, Pub. L. tions)’’. See Codification note above. 100–17, title I, § 133(a)(3), Apr. 2, 1987, 101 Stat. Pub. L. 111–117, § 194(a), (b), which directed temporary 170; Pub. L. 100–17, title I, § 119, Apr. 2, 1987, 101 substitution of ‘‘all portions of the Interstate Highway Stat. 157; Pub. L. 100–202, § 101(l) [title III, System in the State, laws (including regulations)’’ for § 347(c)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; ‘‘that portion of the Maine Turnpike designated Route Pub. L. 101–427, Oct. 15, 1990, 104 Stat. 927; Pub. 95 and 495, and that portion of Interstate Route 95 from L. 102–240, title I, § 1023(a), (b), (d), Dec. 18, 1991, the southern terminus of the Maine Turnpike to the New Hampshire State line, laws (including regula- 105 Stat. 1951, 1952, 1954; Pub. L. 103–331, title III, tions)’’, was executed by making the temporary substi- § 332, Sept. 30, 1994, 108 Stat. 2493; Pub. L. 103–429, tution for ‘‘that portion of the Maine Turnpike des- § 3(3), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104–59, ignated Interstate Route 95 and 495, and that portion of title III, § 312(a)(1), (2), (b), Nov. 28, 1995, 109 Stat. Interstate Route 95 from the southern terminus of the 584; Pub. L. 104–88, title IV, §§ 404, 405(a)(1), Dec. Maine Turnpike to the New Hampshire State line, laws 29, 1995, 109 Stat. 956; Pub. L. 105–178, title I, (including regulations)’’ to reflect the probable intent §§ 1106(c)(2)(B), 1212(d)(1), June 9, 1998, 112 Stat. of Congress. See Effective and Termination Dates of 136, 194; Pub. L. 107–107, div. A, title X, § 1064, 2009 Amendment note below. Subsec. (a)(13). Pub. L. 111–117, § 194(f), struck out par. Dec. 28, 2001, 115 Stat. 1233; Pub. L. 108–447, div. (13), which consisted of subpar. (A) only. Text read as J, title I, § 121, Dec. 8, 2004, 118 Stat. 3347; Pub. follows: ‘‘With respect to Interstate Routes 89, 91, and L. 109–58, title VII, § 756(c), Aug. 8, 2005, 119 Stat. 93 in the State of Vermont, laws (including regulations) 832; Pub. L. 109–59, title I, § 1111(b)(3), Aug. 10, of that State concerning vehicle weight limitations ap- 2005, 119 Stat. 1171; Pub. L. 111–117, div. A, title plicable to State highways other than the Interstate I, § 194(a), (c), (d), (f), Dec. 16, 2009, 123 Stat. 3072, system shall be applicable in lieu of the requirements 3073; Pub. L. 112–55, div. C, title I, § 125, Nov. 18, of this subsection.’’ See Codification note above. Pub. L. 111–117, § 194(d), (e), temporarily added par. 2011, 125 Stat. 655.) (13). See Effective and Termination Dates of 2009 REFERENCES IN TEXT Amendment note below. 2005—Subsec. (a). Pub. L. 109–58 designated first to The date of enactment of Federal-Aid Highway eleventh sentences as pars. (1) to (11), respectively, and Amendments of 1974, referred to in subsec. (a)(2), (4), added par. (12). means Jan. 4, 1975, the date on which Pub. L. 93–643 was Subsec. (a)(3). Pub. L. 109–59 substituted ‘‘118(b)(2)’’ approved. for ‘‘118(b)(1)’’. The date of the enactment of this subsection, referred 2004—Subsec. (a). Pub. L. 108–447 substituted ‘‘Inter- to in subsec. (c), is the date of enactment of Pub. L. state Routes 89, 93, and 95 in the State of New Hamp- 100–17, which was approved Apr. 2, 1987. shire’’ for ‘‘Interstate Route 95 in the State of New Section 335 of the Department of Transportation and Hampshire’’ in the penultimate sentence. Related Agencies Appropriations Act, 1991, referred to 2001—Subsec. (h). Pub. L. 107–107 added subsec. (h). in subsec. (d)(1)(A), is section 335 of Pub. L. 101–516, 1998—Subsec. (a). Pub. L. 105–178, § 1212(d)(1), inserted which is not classified to the Code. before penultimate sentence ‘‘With respect to the State The date of the enactment of this subsection, referred of Colorado, vehicles designed to carry 2 or more pre- to in subsec. (d)(3)(A), (B), (D), (5), is the date of the en- cast concrete panels shall be considered a nondivisible actment of Pub. L. 102–240, which was approved Dec. 18, load.’’ and inserted at end ‘‘The State of Louisiana may 1991. allow, by special permit, the operation of vehicles with The date of the enactment of this subsection, referred a gross vehicle weight of up to 100,000 pounds for the to in subsec. (f), is the date of enactment of Pub. L. hauling of sugarcane during the harvest season, not to 104–59, which was approved Nov. 28, 1995. exceed 100 days annually. With respect to Interstate The date of the enactment of this subsection, referred Route 95 in the State of New Hampshire, State laws (in- to in subsec. (g), is the date of enactment of Pub. L. cluding regulations) concerning vehicle weight limita- 104–88, which was approved Dec. 29, 1995. tions that were in effect on January 1, 1987, and are applicable to State highways other than the Interstate CODIFICATION System, shall be applicable in lieu of the requirements Amendments by section 194(c), (f) of Pub. L. 111–117 of this subsection. With respect to that portion of the were executed as if the amendments by section 194(a), Maine Turnpike designated Interstate Route 95 and 495, Page 109 TITLE 23—HIGHWAYS § 127 and that portion of Interstate Route 95 from the south- not permitting the use of the Interstate System within ern terminus of the Maine Turnpike to the New Hamp- its boundaries by vehicles with specified weights, provi- shire State line, laws (including regulations) of the sions setting forth formula for determination of overall State of Maine concerning vehicle weight limitations gross weight, provisions relating to maximum widths that were in effect on October 1, 1995, and are applica- permitted for vehicles, and provisions setting forth fur- ble to State highways other than the Interstate Sys- ther limitations for apportionment. tem, shall be applicable in lieu of the requirements of Subsec. (b). Pub. L. 97–424 added subsec. (b). this subsection.’’ 1976—Pub. L. 94–280 authorized a State to permit any Subsec. (f). Pub. L. 105–178, § 1106(c)(2)(B), substituted bus with a width of 102 inches or less to operate on any ‘‘section 103(c)(4)(A)’’ for ‘‘section 139(a)’’. lane of twelve feet or more in width on the Interstate 1995—Subsec. (a). Pub. L. 104–59, § 312(a)(1), in proviso System. of second sentence substituted ‘‘except for vehicles 1975—Pub. L. 93–643 substituted weight limitations of using Interstate Route 29 between Sioux City, Iowa, 20,000 lbs. carried on any one axle, including all en- and the border between Iowa and South Dakota or vehi- forcement tolerances, for 18,000 lbs. carried on any one cles using Interstate Route 129 between Sioux City, axle, of 34,000 lbs. for tandem axle weight, including all Iowa, and the border between Iowa and Nebraska, and enforcement tolerances, for 32,000 lbs. for tandem axle except for those’’ for ‘‘except for those’’. weight, overall gross weight limitation of 80,000, includ- Subsec. (d)(1)(F). Pub. L. 104–59, § 312(a)(2), added sub- ing enforcement tolerances, for overall gross weight of par. (F). 73,280 lbs. prescribed a formula for determination of Subsec. (f). Pub. L. 104–59, § 312(b), as amended by Pub. overall gross weight on a group of two or more consecu- L. 104–88, § 405(a)(1), added subsec. (f). tive axles, authorized a gross load of 34,000 lbs. each for Subsec. (g). Pub. L. 104–88, § 404, added subsec. (g). two consecutive sets of tandem axles having an overall 1994—Subsec. (a). Pub. L. 103–331 inserted at end distance of 36 or more feet between such axles, excepted ‘‘With respect to the State of Maryland, laws and regu- from the new weight limitations cases of overall gross lations in effect on June 1, 1993, shall be applicable for weight of any group of two or more consecutive axles, the purposes of this subsection.’’ on Jan. 4, 1975, and inserted ‘‘, except in the case of the Subsec. (d)(2)(A). Pub. L. 103–429 substituted ‘‘sec- overall gross weight of any group of two or more con- tions 31111–31114 of title 49’’ for ‘‘sections 411, 412, and secutive axles, on the date of enactment of the Federal- 416 of the Surface Transportation Assistance Act of 1982 Aid Highway Amendments of 1974’’ in third sentence. (49 U.S.C. App. 2311, 2312, and 2316)’’. 1960—Pub. L. 86–624 made the laws or regulation in ef- 1991—Subsec. (a). Pub. L. 102–240, § 1023(a), substituted fect on Feb. 1, 1960, applicable, with respect to the ‘‘funds shall be apportioned in any fiscal year under State of Hawaii, for the purposes of this section, in lieu section 104(b)(1) of this title’’ for ‘‘funds authorized to of those in effect on July 1, 1956. be appropriated for any fiscal year under provisions of the Federal-Aid Highway Act of 1956 shall be appor- EFFECTIVE AND TERMINATION DATES OF 2009 tioned’’ in first sentence and inserted ‘‘, other than ve- AMENDMENT hicles or combinations subject to subsection (d) of this Pub. L. 111–117, div. A, title I, § 194(b), Dec. 16, 2009, 123 section,’’ after ‘‘thereof’’ in fourth sentence. Stat. 3072, provided that: ‘‘The amendment made by Subsecs. (d), (e). Pub. L. 102–240, § 1023(b), (d), added subsection (a) [amending this section] shall be in effect subsecs. (d) and (e). during the 1-year period beginning on the date of enact- 1990—Subsec. (a). Pub. L. 101–427 substituted ‘‘The ment of this Act [Dec. 16, 2009].’’ Dwight D. Eisenhower System of Interstate and De- Pub. L. 111–117, div. A, title I, § 194(c), Dec. 16, 2009, 123 fense Highways’’ for ‘‘the National System of Inter- Stat. 3072, provided that the amendment made by sec- state and Defense Highways’’ in two places. tion 194(c) is effective as of the date that is 366 days 1987—Subsec. (a). Pub. L. 100–202 substituted ‘‘Sep- after Dec. 16, 2009. tember 1, 1989’’ for ‘‘September 1, 1988’’ in two places. Pub. L. 111–117, div. A, title I, § 194(e), Dec. 16, 2009, 123 Pub. L. 100–17, § 119(d)(1), inserted heading. Pub. L. 100–17, § 119(a)(1), (2), which directed that sec- Stat. 3073, provided that: ‘‘The amendment made by ond sentence be amended by inserting ‘‘(1)’’ before ‘‘is subsection (d) [amending this section] shall be in effect 36 feet or more’’ and by inserting cl. (2) after such during the 1-year period beginning on the date of enact- phrase, was executed by making the insertions before ment of this Act [Dec. 16, 2009].’’ and after ‘‘is thirty-six feet or more’’ to reflect the Pub. L. 111–117, div. A, title I, § 194(f), Dec. 16, 2009, 123 probable intent of Congress. Stat. 3073, provided that the amendment made by sec- Pub. L. 100–17, § 119(a)(3), (b), inserted ‘‘on any vehicle tion 194(f) is effective as of the date that is 366 days (other than a vehicle comprised of a motor vehicle after Dec. 16, 2009. hauling any tank trailer, dump trailer, or ocean trans- EFFECTIVE DATE OF 1995 AMENDMENT port container on or after September 1, 1988)’’ after last reference to ‘‘consecutive axles’’ in second sentence Amendment by section 404 of Pub. L. 104–88 effective and substituted ‘‘lapse if not released and obligated Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as within the availability period specified in section an Effective Date note under section 701 of Title 49, 118(b)(1) of this title.’’ for ‘‘lapse.’’ Transportation. Subsec. (b). Pub. L. 100–17, § 119(d)(2), inserted head- Section 405(a) of Pub. L. 104–88 provided that the ing. amendment made by that section is effective Nov. 28, Subsec. (c). Pub. L. 100–17, § 119(c), added subsec. (c). 1995. 1983—Pub. L. 97–424 struck out ‘‘and width’’ after EFFECTIVE DATE OF 1991 AMENDMENT ‘‘weight’’ in section catchline. Subsec. (a). Pub. L. 97–424 designated existing provi- Amendment by Pub. L. 102–240 effective Dec. 18, 1991, sions as subsec. (a) and substituted provisions relating and applicable to funds authorized to be appropriated to authority to appropriate funds for any fiscal year or made available after Sept. 30, 1991, and, with certain under the Federal-Aid Highway Act of 1956 with respect exceptions, not applicable to funds appropriated or to apportionment to any State not permitting the use made available on or before Sept. 30, 1991, see section of the National System of Interstate and Defense High- 1100 of Pub. L. 102–240, set out as a note under section ways within its boundaries by vehicles with specified 104 of this title. weights, provisions setting forth formula of maximum SPECIALIZED HAULING VEHICLES gross weight to be allowed by any State for vehicles using such Highways, and provisions setting forth fur- Pub. L. 105–178, title I, § 1213(f), June 9, 1998, 112 Stat. ther limitations for apportionment, for provisions re- 201, provided that: lating to authority to appropriate funds for any fiscal ‘‘(1) STUDY.—The Secretary shall conduct a study to year under section 108(b) of the Federal-Aid Highway examine the impact of the truck weight standards on Act of 1956 with respect to apportionment to any State specialized hauling vehicles. The study shall include, at § 127 TITLE 23—HIGHWAYS Page 110 a minimum, an analysis of the economic, safety, and ed by Pub. L. 104–59, title III, § 326, Nov. 28, 1995, 109 infrastructure impacts of the standards. Stat. 592; Pub. L. 105–178, title I, § 1212(c), June 9, 1998, ‘‘(2) REPORT.—Not later than 2 years after the date of 112 Stat. 194; Pub. L. 108–7, div. I, title III, § 347, Feb. 20, enactment of this Act [June 9, 1998], the Secretary 2003, 117 Stat. 419; Pub. L. 108–447, div. H, title V, § 530, shall transmit to Congress a report on the results of Dec. 8, 2004, 118 Stat. 3271; Pub. L. 109–59, title I, § 1309, the study with any recommendations the Secretary de- Aug. 10, 2005, 119 Stat. 1219; Pub. L. 109–115, div. A, title termines appropriate as a result of the study.’’ I, § 115, Nov. 30, 2005, 119 Stat. 2408, provided that: ‘‘(1) TEMPORARY EXEMPTION.—The second sentence of VEHICLE WEIGHT ENFORCEMENT section 127 of title 23, United States Code, relating to Pub. L. 105–178, title I, § 1213(h), June 9, 1998, 112 Stat. axle weight limitations for vehicles using the Dwight 202, provided that: D. Eisenhower System of Interstate and Defense High- ‘‘(1) STUDY.—The Secretary shall conduct a study of ways, shall not apply, for the period beginning on Octo- State laws (including regulations) relating to penalties ber 6, 1992, and ending on October 1, 2009, to— for violation of State commercial motor vehicle weight ‘‘(A) any over-the-road bus (as defined in section 301 laws. of the Americans with Disabilities Act of 1990 (42 ‘‘(2) PURPOSE.—The purpose of the study shall be to U.S.C. 12181)); or determine the effectiveness of State penalties as a de- ‘‘(B) any vehicle that is regularly and exclusively terrent to illegally overweight trucking operations. used as an intrastate public agency transit passenger The study shall evaluate fine structures, innovative bus. roadside enforcement techniques, and a State’s ability ‘‘(2) STATE ACTION.— ‘‘(A) WEIGHT LIMITATIONS.—For the period begin- to penalize shippers and carriers as well as drivers and ning on the date of enactment of this subparagraph shall examine the effectiveness of administrative and [Nov. 30, 2005] and ending on September 30, 2009, a judicial procedures utilized to enforce vehicle weight covered State, including any political subdivision of laws. such State, may not enforce a single axle weight lim- ‘‘(3) REPORT.—Not later than 2 years after the date of itation of less than 24,000 pounds, including enforce- enactment of this Act [June 9, 1998], the Secretary ment tolerances, on any vehicle referred to in para- shall transmit to Congress a report on the results of graph (1) in any case in which the vehicle is using the the study with any legislative recommendations of the Interstate System. Secretary.’’ ‘‘(B) COVERED STATE DEFINED.—In this paragraph, COMMERCIAL MOTOR VEHICLE STUDY the term ‘covered State’ means a State that has en- forced, in the period beginning on October 6, 1992, and Pub. L. 105–178, title I, § 1213(i), June 9, 1998, 112 Stat. ending on the date of enactment of this subparagraph 202, provided that: [Nov. 30, 2005], a single axle weight limitation of ‘‘(1) IN GENERAL.—The Secretary shall request the 20,000 pounds or greater but less than 24,000 pounds, Transportation Research Board of the National Acad- including enforcement tolerances, on any vehicle re- emy of Sciences to conduct a study regarding the regu- ferred to in paragraph (1) in any case in which the ve- lation of weights, lengths, and widths of commercial hicle is using the Interstate System.’’ motor vehicles operating on Federal-aid highways to which Federal regulations apply on the date of enact- TEMPORARY EXEMPTION FOR FIREFIGHTING VEHICLES ment of this Act [June 9, 1998]. In conducting the study, Section 1023(e) of Pub. L. 102–240 provided that: the Board shall review law, regulations, studies (includ- ‘‘(1) TEMPORARY EXEMPTION.—The second sentence of ing Transportation Research Board Special Report 225), section 127 of title 23, United States Code, relating to and practices and develop recommendations regarding axle weight limitations and the bridge formula for ve- any revisions to law and regulations that the Board de- hicles using the National System of Interstate and De- termines appropriate. fense Highways, shall not apply, in the 2-year period ‘‘(2) FACTORS TO CONSIDER AND EVALUATE.—In develop- beginning on the date of the enactment of this Act ing recommendations under paragraph (1), the Board [Dec. 18, 1991], to any existing vehicle which is used for shall consider and evaluate the impact of the recom- the purpose of protecting persons and property from mendations described in paragraph (1) on the economy, fires and other disasters that threaten public safety the environment, safety, and service to communities. and which is in actual operation before such date of en- ‘‘(3) CONSULTATION.—In carrying out the study, the actment and to any new vehicle to be used for such pur- Board shall consult with the Department of Transpor- pose while such vehicle is being delivered to a firefight- tation, States, the motor carrier industry, freight ship- ing agency. The Secretary may extend such 2-year pe- pers, highway safety groups, air quality and natural re- riod for an additional year. source management groups, commercial motor vehicle ‘‘(2) STUDY.—The Secretary shall conduct a study— driver representatives, and other appropriate entities. ‘‘(A) of State laws regulating the use on the Na- ‘‘(4) REPORT.—Not later than 2 years after the date of tional System of Interstate and Defense Highways enactment of this Act [June 9, 1998], the Board shall [now Dwight D. Eisenhower System of Interstate and transmit to Congress and the Secretary a report on the Defense Highways] of vehicles which are used for the results of the study conducted under this subsection. purpose of protecting persons and property from fires ‘‘(5) RECOMMENDATIONS.—Not later than 180 days after and other disasters that threaten public safety and the date of receipt of the report under paragraph (4), which are being delivered to or operated by a fire- the Secretary may transmit to Congress a report con- fighting agency; and taining comments or recommendations of the Sec- ‘‘(B) of the issuance of permits by States which ex- retary regarding the Board’s report. empt such vehicles from the requirements of the sec- ‘‘(6) FUNDING.—There is authorized to be appropriated ond sentence of section 127 of title 23, United States out of the Highway Trust Fund (other than the Mass Code. Transit Account) $250,000 for each of fiscal years 1999 ‘‘(3) PURPOSES.—The purposes of the study under this and 2000 to carry out this subsection. subsection are to determine whether or not such State ‘‘(7) APPLICABILITY OF TITLE 23.—Funds made avail- laws and such section 127 need to be modified with re- able to carry out this subsection shall be available for gard to such vehicles and whether or not a permanent obligation in the same manner as if such funds were ap- exemption should be made for such vehicles from the portioned under chapter 1 of title 23, United States requirements of such laws and section 127 or whether or Code; except that the Federal share of the cost of the not the bridge formula set forth in such section should study under this subsection shall be 100 percent and be modified as it applies to such vehicles. such funds shall remain available until expended.’’ ‘‘(4) REPORT.—Not later than 18 months after the date of the enactment of this Act [Dec. 18, 1991], the Sec- OVER-THE-ROAD BUSES AND PUBLIC TRANSIT VEHICLES retary shall submit to the Congress a report on the re- Pub. L. 102–240, title I, § 1023(h), as added by Pub. L. sults of the study conducted under paragraph (2), to- 102–388, title III, § 341, Oct. 6, 1992, 106 Stat. 1552; amend- gether with recommendations.’’ Page 111 TITLE 23—HIGHWAYS § 129

STUDY PERTAINING TO TRANSPORTERS OF WATER WELL and its consistency with the goals and objec- DRILLING RIGS tives of such urban planning as has been promul- Section 1023(g) of Pub. L. 102–240 directed Secretary gated by the community. Any State transpor- to conduct a study of State and Federal regulations tation department which submits plans for an pertaining to transporters of water well drilling rigs on Interstate System project shall certify to the public highways for the purpose of identifying require- Secretary that it has had public hearings at a ments which place a burden on such transporters with- convenient location, or has afforded the oppor- out enhancing safety or preservation of public high- tunity for such hearings for the purpose of en- ways, and, not later than 2 years after Dec. 18, 1991, report to Congress on the results of the study, together abling persons in rural areas through or contig- with any legislative and administrative recommenda- uous to whose property the highway will pass to tions. express any objections they may have to the proposed locations of such highway. Such cer- MOTOR VEHICLE STUDY BY TRANSPORTATION RESEARCH tification shall be accompanied by a report BOARD; REPORT which indicates the consideration given to the Section 158 of Pub. L. 100–17 directed Secretary, with- economic, social, environmental and other ef- in 6 months after Apr. 2, 1987, to enter into appropriate fects of the plan or highway location or design arrangements with the Transportation Research Board and various alternatives which were raised dur- of the National Academy of Sciences to conduct a study of the following motor vehicle issues, including ing the hearing or which were otherwise consid- an analysis of the impacts of the various positions that ered. have been put forth with respect to each issue and best (b) When hearings have been held under sub- estimates of effects on pavement, bridges, highway rev- section (a), the State transportation department enue and cost responsibility, and highway safety, and shall submit a copy of the transcript of said changes in transportation costs and other measures of hearings to the Secretary, together with the productivity for various segments of the trucking in- certification and report. dustry resulting from adoption of each of the positions: (1) elimination of existing, grandfather provisions of 23 (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. U.S.C. 127 which allow higher axle loads and gross vehi- 90–495, § 24, Aug. 23, 1968, 82 Stat. 828; Pub. L. cle weights than the 20,000-pound single axle load limit, 91–605, title I, § 135, Dec. 31, 1970, 84 Stat. 1734; 34,000-pound tandem axle load limit, and 80,000-pound Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, gross vehicle weight limit maximums authorized by 1998, 112 Stat. 193.) Pub. L. 93–643, (2) analysis of alternative methods of de- termining gross vehicle weight limit and axle loadings AMENDMENTS for all types of motor carrier vehicles, (3) analysis of 1998—Pub. L. 105–178 substituted ‘‘State transpor- the bridge formula contained in 23 U.S.C. 127 in view of tation department’’ for ‘‘State highway department’’ current vehicle configurations, pavement and bridge wherever appearing. stresses in accord with 1986 design and construction 1970—Subsec. (a). Pub. L. 91–605, § 135(a), provided for practices, and existing bridges on and off the Interstate submission of a report by the State highway depart- System, (4) establishment of nationwide policy regard- ment involved indicating consideration given to eco- ing the provisions of ‘reasonable access’ to the National nomic, social, environmental, and other effects of the Network for combination vehicles established pursuant plan or highway location or design plus the various al- to Pub. L. 97–424, and (5) recommendation of appro- ternatives which were considered. priate treatment for specialized hauling vehicles which Subsec. (b). Pub. L. 91–605, § 135(b), inserted reference do not comply with the existing Federal bridge formula to report to be submitted by the State highway depart- and submit a final report to Secretary and Congress, ment together with the certification of public hearings. not later than 30 months after appropriate arrange- 1968—Subsec. (a). Pub. L. 90–495 inserted social effect ments were entered into. of projects, the impact on environment, and their con- STATE-IMPOSED VEHICLE WIDTH LIMITATIONS sistency with the goals and objectives of such urban planning as has been promulgated by the community to Pub. L. 97–369, title III, § 321, Dec. 18, 1982, 96 Stat. the list of factors to be considered by State highway 1784, related to State-imposed vehicle width limita- departments in looking over projects involving the by- tions, prior to repeal by Pub. L. 98–17, § 2, Apr. 5, 1983, passing or passing through of municipalities. 97 Stat. 60. See section 31113 of Title 49, Transportation. EFFECTIVE DATE OF 1968 AMENDMENT STEERING AXLE STUDY; REPORT TO CONGRESS Amendment by Pub. L. 90–495 effective Aug. 23, 1968, Section 210 of Pub. L. 94–280 directed Secretary of see section 37 of Pub. L. 90–495, set out as a note under Transportation to conduct an investigation into rela- section 101 of this title. tionship between gross load on front steering axles of truck tractors and safety of operation of vehicle combi- § 129. Toll roads, bridges, tunnels, and ferries nations of which such truck tractors are a part, such investigation to be conducted in cooperation with rep- (a) BASIC PROGRAM.— resentatives of (A) manufacturers of truck tractors and (1) AUTHORIZATION FOR FEDERAL PARTICIPA- related equipment, (B) labor, and (C) users of such TION.—Notwithstanding section 301 of this equipment, and the results of such study to be reported title and subject to the provisions of this sec- to Congress not later than July 1, 1977. tion, the Secretary shall permit Federal par- § 128. Public hearings ticipation in— (A) initial construction of a toll highway, (a) Any State transportation department bridge, or tunnel (other than a highway, which submits plans for a Federal-aid highway bridge, or tunnel on the Interstate System) project involving the by passing of or, going or approach thereto; through any city, town, or village, either incor- (B) reconstructing, resurfacing, restoring, porated or unincorporated, shall certify to the and rehabilitating a toll highway, bridge, or Secretary that it has had public hearings, or has tunnel (including a toll highway, bridge, or afforded the opportunity for such hearings, and tunnel subject to an agreement entered into has considered the economic and social effects of under this section or section 119(e) as in ef- such a location, its impact on the environment, fect on the day before the date of the enact-