23 U.S.C. 127 Which Allow (Pub

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§ 126 TITLE 23—HIGHWAYS Page 114 visions of section 120 of this title, and permitted the the amount apportioned for the fiscal year to Secretary to expend funds from the emergency fund, ei- any other apportionment of the State under ther independently or in cooperation with any other that section. branch of the Government, State agency, organization, (b) APPLICATION TO CERTAIN SET-ASIDES.— or person, for the repair or reconstruction of forest highways, forest development roads and trails, park (1) IN GENERAL.—Funds that are subject to roads and trails, and Indian reservation roads, whether sections 104(d) and 133(d)(1)(A) shall not be or not such highways, roads, or trails are on any of the transferred under this section. Federal-aid highway systems. (2) FUNDS TRANSFERRED BY STATES.—Funds transferred by a State under this section of EFFECTIVE DATE OF 2015 AMENDMENT the funding reserved for the State under sec- Amendment by Pub. L. 114–94 effective Oct. 1, 2015, tion 133(h) for a fiscal year may only come see section 1003 of Pub. L. 114–94, set out as a note from the portion of those funds that are avail- under section 5313 of Title 5, Government Organization able for obligation in any area of the State and Employees. under section 133(h). EFFECTIVE DATE OF 2012 AMENDMENT (Added Pub. L. 105–178, title I, § 1310(a), June 9, Amendment by Pub. L. 112–141 effective Oct. 1, 2012, 1998, 112 Stat. 234, § 110; renumbered § 126, Pub. L. see section 3(a) of Pub. L. 112–141, set out as an Effec- 106–159, title I, § 102(a)(1), Dec. 9, 1999, 113 Stat. tive and Termination Dates of 2012 Amendment note 1752; amended Pub. L. 109–59, title I, under section 101 of this title. § 1401(a)(3)(B), Aug. 10, 2005, 119 Stat. 1225; Pub. EFFECTIVE DATE OF 1991 AMENDMENT L. 112–141, div. A, title I, § 1509(a), July 6, 2012, Amendment by Pub. L. 102–240 applicable only to nat- 126 Stat. 567; Pub. L. 114–94, div. A, title I, ural disasters and catastrophic failures occurring after §§ 1109(c)(1), 1446(a)(2), Dec. 4, 2015, 129 Stat. 1343, Dec. 18, 1991, see section 1022(c) of Pub. L. 102–240, set 1437.) out as a note under section 120 of this title. PRIOR PROVISIONS EFFECTIVE DATE OF 1987 AMENDMENT A prior section 126, Pub. L. 85–767, Aug. 27, 1958, 72 Pub. L. 100–17, title I, § 118(a)(2), Apr. 2, 1987, 101 Stat. Stat. 901; Pub. L. 93–87, title I, § 152(3), Aug. 13, 1973, 87 156, provided that: ‘‘The amendment made by para- Stat. 276, related to providing Federal aid for highway graph (1) [amending this section] shall apply with reconstruction only to States that used at least amounts spect to natural disasters and catastrophic failures oc- provided by law on June 18, 1934, for such purposes, curring after December 31, 1985.’’ prior to repeal by Pub. L. 105–178, title I, § 1226(d), as Pub. L. 100–17, title I, § 118(b)(3), Apr. 2, 1987, 101 Stat. added by Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, 156, provided that: ‘‘The amendments made by para- 112 Stat. 837. graphs (1) and (2) [amending this section] shall take ef- AMENDMENTS fect on the date of the enactment of this Act [Apr. 2, 1987].’’ 2015—Subsec. (b)(1). Pub. L. 114–94, § 1446(a)(2), substituted ‘‘133(d)(1)(A)’’ for ‘‘133(d)’’. EFFECTIVE DATE OF 1983 AMENDMENT Subsec. (b)(2). Pub. L. 114–94, § 1109(c)(1), substituted Pub. L. 97–424, title I, § 153(e), Jan. 6, 1983, 96 Stat. ‘‘for the State under section 133(h)’’ for ‘‘for the State 2133, provided that: ‘‘The amendments made by sub- under section 213’’ and ‘‘of the State under section section (d) of this section [amending this section] shall 133(h)’’ for ‘‘of the State under section 213(c)(1)(B)’’. apply to natural disasters or catastrophic failures 2012—Pub. L. 112–141 amended section generally. Prior which the Secretary finds eligible for emergency relief to amendment, section related to uniform transfer- subsequent to the date of enactment of this section ability of Federal-aid highway funds. [Jan. 6, 1983].’’ 2005—Subsec. (a). Pub. L. 109–59, which directed insertion of ‘‘under’’ after ‘‘State’s apportionment’’, was ex- EFFECTIVE DATE OF 1968 AMENDMENT ecuted by making the insertion after ‘‘State’s appor- Pub. L. 90–495, § 27(c), Aug. 23, 1968, 82 Stat. 829, pro- tionment’’ the second place it appeared, to reflect the vided that: ‘‘The amendments made by this section probable intent of Congress. [amending this section and section 120 of this title] 1999—Pub. L. 106–159 renumbered section 110 of this shall be applicable to repair or reconstruction with re- title as this section. spect to which project agreements have been entered EFFECTIVE DATE OF 2015 AMENDMENT into on or after January 1, 1968.’’ Amendment by Pub. L. 114–94 effective Oct. 1, 2015, EFFECTIVE DATE OF 1966 AMENDMENT see section 1003 of Pub. L. 114–94, set out as a note Pub. L. 89–574, § 9(d), Sept. 13, 1966, 80 Stat. 769, pro- under section 5313 of Title 5, Government Organization vided that: ‘‘The amendments made by this section and Employees. [amending this section] shall take effect July 1, 1966.’’ EFFECTIVE DATE OF 2012 AMENDMENT EXPENDITURES MADE PRIOR TO FISCAL YEAR ENDING Amendment by Pub. L. 112–141 effective Oct. 1, 2012, SEPTEMBER 30, 1978; APPROPRIATION FROM HIGHWAY see section 3(a) of Pub. L. 112–141, set out as an Effec- TRUST FUND tive and Termination Dates of 2012 Amendment note under section 101 of this title. Pub. L. 97–424, title I, § 153(b), Jan. 6, 1983, 96 Stat. 2133, provided that all expenditures made under this § 127. Vehicle weight limitations—Interstate Sys- section prior to the fiscal year ending Sept. 30, 1978, were authorized to have been appropriated from the tem Highway Trust Fund. (a) IN GENERAL.— (1) The Secretary shall withhold 50 percent § 126. Transferability of Federal-aid highway of the apportionment of a State under section funds 104(b)(1) in any fiscal year in which the State (a) IN GENERAL.—Notwithstanding any other does not permit the use of The Dwight D. Ei- provision of law, subject to subsection (b), a senhower System of Interstate and Defense State may transfer from an apportionment Highways within its boundaries by vehicles under section 104(b) not to exceed 50 percent of with a weight of twenty thousand pounds car- Page 115 TITLE 23—HIGHWAYS § 127

ried on any one axle, including enforcement section, which the State determines could be tolerances, or with a tandem axle weight of lawfully operated within such State on July 1, thirty-four thousand pounds, including en- 1956, except in the case of the overall gross forcement tolerances, or a gross weight of at weight of any group of two or more consecu- least eighty thousand pounds for vehicle com- tive axles, on the date of enactment of the binations of five axles 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, Dwight D. Eisenhower System of Interstate shall be applicable for the purposes of this sec- and Defense Highways shall be twenty thou- tion in lieu of those in effect on July 1, 1956. sand pounds carried on one axle, including en- (6) With respect to the State of Colorado, ve- forcement tolerances, and a tandem axle hicles designed to carry 2 or more precast con- weight of thirty-four thousand pounds, includ- crete panels shall be considered a nondivisible ing enforcement tolerances and with an over- load. all maximum gross weight, including enforce- (7) With respect to the State of Michigan, ment tolerances, on a group of two or more laws or regulations in effect on May 1, 1982, consecutive axles produced by application of shall be applicable for the purposes of this sub- the following formula: section. (8) With respect to the State of Maryland, laws and regulations in effect on June 1, 1993, W=500 lllllLN +12N+36 shall be applicable for the purposes of this sub- + N¥1 , section. where W equals overall gross weight on any (9) The State of Louisiana may allow, by group of two or more consecutive axles to the special permit, the operation of vehicles with nearest five hundred pounds, L equals distance a gross vehicle weight of up to 100,000 pounds in feet between the extreme of any group of for the hauling of sugarcane during the har- two or more consecutive axles, and N equals vest season, not to exceed 100 days annually. number of axles in group under consideration, (10) With respect to Interstate Routes 89, 93, except that two consecutive sets of tandem and 95 in the State of New Hampshire— axles may carry a gross load of thirty-four (A) State laws (including regulations) con- thousand pounds each providing the overall cerning vehicle weight limitations that were distance between the first and last axles of in effect on January 1, 1987, and are applica- such consecutive sets of tandem axles (1) is ble to State highways other than the Inter- thirty-six feet or more, or (2) in the case of a state System, shall be applicable in lieu of motor vehicle hauling any tank trailer, dump the requirements of this subsection; and trailer, or ocean transport container before (B) effective June 30, 2016, a combination September 1, 1989, is 30 feet or more: Provided, of truck-tractor and dump trailer equipped That such overall gross weight may not exceed with 6 axles or more with a gross weight of eighty thousand pounds, including all enforce- up to 99,000 pounds shall be permitted if the ment tolerances, except for vehicles using distances between the extreme axles, exclud- Interstate Route 29 between Sioux City, Iowa, ing the steering axle, is 28 feet or more. and the border between Iowa and South Da- (11)(A) With respect to all portions of the kota or vehicles using Interstate Route 129 be- Interstate Highway System in the State of tween Sioux City, Iowa, and the border be- Maine, laws (including regulations) of that tween Iowa and Nebraska, and except for those State concerning vehicle weight limitations vehicles and loads which cannot be easily dis- applicable to other State highways shall be mantled or divided and which have been issued applicable in lieu of the requirements under special permits in accordance with applicable this subsection. State laws, or the corresponding maximum (B) With respect to all portions of the Inter- weights permitted for vehicles using the pub- state Highway System in the State of Ver- lic highways of such State under laws or regu- mont, laws (including regulations) of that lations established by appropriate State au- State concerning vehicle weight limitations thority in effect on July 1, 1956, except in the applicable to other State highways shall be case of the overall gross weight of any group applicable in lieu of the requirements under of two or more consecutive axles on any vehi- this subsection. cle (other than a vehicle comprised of a motor (12) HEAVY DUTY VEHICLES.— vehicle hauling any tank trailer, dump trailer, (A) IN GENERAL.—Subject to subparagraphs or ocean transport container on or after Sep- (B) and (C), in order to promote reduction of tember 1, 1989), on the date of enactment of fuel use and emissions because of engine the Federal-Aid Highway Amendments of 1974, idling, the maximum gross vehicle weight whichever is the greater. limit and the axle weight limit for any (3) Any amount which is withheld from ap- heavy-duty vehicle equipped with an idle re- portionment to any State pursuant to the duction technology shall be increased by a foregoing provisions shall lapse if not released quantity necessary to compensate for the and obligated within the availability period additional weight of the idle reduction sys- specified in section 118(b). tem. (4) This section shall not be construed to (B) MAXIMUM WEIGHT INCREASE.—The deny apportionment to any State allowing the weight increase under subparagraph (A) operation within such State of any vehicles or shall be not greater than 550 pounds. combinations thereof, other than vehicles or (C) PROOF.—On request by a regulatory combinations subject to subsection (d) of this agency or law enforcement agency, the vehi- § 127 TITLE 23—HIGHWAYS Page 116

cle operator shall provide proof (through each (not including the truck tractor) not in demonstration or certification) that— actual operation on June 1, 1991, to be oper- (i) the idle reduction technology is fully ated within its boundaries on the 1-mile seg- functional at all times; and ment of Ohio State Route 7 which begins at (ii) the 550-pound gross weight increase and is south of exit 16 of the Ohio Turnpike. is not used for any purpose other than the (E) ALASKA.—In addition to vehicles which use of idle reduction technology described the State of Alaska may continue to allow in subparagraph (A). to be operated under subparagraph (A), such State may allow the operation of longer (13) MILK PRODUCTS.—A vehicle carrying fluid milk products shall be considered a load combination vehicles which were not in ac- that cannot be easily dismantled or divided. tual operation on June 1, 1991, but which 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- term ‘‘freight container’’ by the International tween Iowa and South Dakota or Interstate Standards Organization in Series 1, Freight Con- Route 129 between Sioux City, Iowa, and the tainers, 3rd Edition (reference number border between Iowa and Nebraska. IS0668–1979(E)) as in effect on the date of the enactment of this subsection. (2) ADDITIONAL STATE RESTRICTIONS.— (A) IN GENERAL.—Nothing in this sub- (d) LONGER COMBINATION VEHICLES.— section shall prevent any State from further (1) PROHIBITION.— (A) GENERAL CONTINUATION RULE.—A restricting in any manner or prohibiting the longer combination vehicle may continue to operation of longer combination vehicles operate only if the longer combination vehi- otherwise authorized under this subsection; cle configuration type was authorized by except that such restrictions or prohibitions State officials pursuant to State statute or shall be consistent with the requirements of regulation conforming to this section and in sections 31111–31114 of title 49. actual lawful operation on a regular or peri- (B) MINOR ADJUSTMENTS.—Any State fur- odic basis (including seasonal operations) on ther restricting or prohibiting the oper- or before June 1, 1991, or pursuant to section ations of longer combination vehicles or 335 of the Department of Transportation and making minor adjustments of a temporary Related Agencies Appropriations Act, 1991 and emergency nature as may be allowed (104 Stat. 2186). pursuant to regulations issued by the Sec- (B) APPLICABILITY OF STATE LAWS AND REG- retary pursuant to paragraph (5) of this sub- ULATIONS.—All such operations shall con- section, shall, within 30 days, advise the Sec- tinue to be subject to, at the minimum, all retary of such action, and the Secretary State statutes, regulations, limitations and shall publish a notice of such action in the conditions, including, but not limited to, Federal Register. routing-specific and configuration-specific (3) PUBLICATION OF LIST.— designations and all other restrictions, in (A) SUBMISSION TO SECRETARY.—Within 60 force on June 1, 1991; except that subject to days of the date of the enactment of this such regulations as may be issued by the subsection, each State (i) shall submit to the Secretary pursuant to paragraph (5) of this Secretary for publication in the Federal subsection, the State may make minor ad- Register a complete list of (I) all operations justments of a temporary and emergency na- of longer combination vehicles being con- ture to route designations and vehicle oper- ducted as of June 1, 1991, pursuant to State ating restrictions in effect on June 1, 1991, statutes and regulations; (II) all limitations for specific safety purposes and road con- and conditions, including, but not limited struction. to, routing-specific and configuration-spe- (C) WYOMING.—In addition to those vehi- cific designations and all other restrictions, cles allowed under subparagraph (A), the governing the operation of longer combina- State of Wyoming may allow the operation tion vehicles otherwise prohibited under this of additional vehicle configurations not in subsection; and (III) such statutes, regula- actual operation on June 1, 1991, but author- tions, limitations, and conditions; and (ii) ized by State law not later than November 3, shall submit to the Secretary copies of such 1992, if such vehicle configurations comply statutes, regulations, limitations, and condi- with the single axle, tandem axle, and bridge tions. formula limits set forth in subsection (a) (B) INTERIM LIST.—Not later than 90 days and do not exceed 117,000 pounds gross vehi- after the date of the enactment of this sub- cle weight. section, the Secretary shall publish an in- (D) OHIO.—In addition to vehicles which terim list in the Federal Register, consisting the State of Ohio may continue to allow to of all information submitted pursuant to be operated under subparagraph (A), such subparagraph (A). The Secretary shall re- State may allow longer combination vehi- view for accuracy all information submitted cles with 3 cargo carrying units of 281⁄2 feet by the States pursuant to subparagraph (A) Page 117 TITLE 23—HIGHWAYS § 127

and shall solicit and consider public com- sin, is designated as part of the Interstate Sys- ment on the accuracy of all such informa- tem under section 103(c)(4)(A), the single axle tion. weight, tandem axle weight, gross vehicle (C) LIMITATION.—No statute or regulation weight, and bridge formula limits set forth in shall be included on the list submitted by a subsection (a) shall not apply to the 104-mile State or published by the Secretary merely portion with respect to the operation of any ve- on the grounds that it authorized, or could hicle that could legally operate on the 104-mile have authorized, by permit or otherwise, the portion before the date of the enactment of this operation of longer combination vehicles, subsection. not in actual operation on a regular or peri- (g) OPERATION OF CERTAIN SPECIALIZED HAUL- odic basis on or before June 1, 1991. ING VEHICLES ON CERTAIN PENNSYLVANIA HIGH- (D) FINAL LIST.—Except as modified pursu- WAYS.—If the segment of United States Route ant to paragraph (1)(C) of this subsection, 220 between Bedford and Bald Eagle, Pennsyl- the list shall be published as final in the vania, is designated as part of the Interstate Federal Register not later than 180 days System, the single axle weight, tandem axle after the date of the enactment of this sub- weight, gross vehicle weight, and bridge formula section. In publishing the final list, the Sec- limits set forth in subsection (a) shall not apply retary shall make any revisions necessary to to that segment with respect to the operation of correct inaccuracies identified under sub- any vehicle which could have legally operated paragraph (B). After publication of the final on that segment before the date of the enact- list, longer combination vehicles may not ment of this subsection. operate on the Interstate System except as (h) WAIVER FOR A ROUTE IN STATE OF MAINE provided in the list. DURING PERIODS OF NATIONAL EMERGENCY.— (E) REVIEW AND CORRECTION PROCEDURE.— (1) IN GENERAL.—Notwithstanding any other The Secretary, on his or her own motion or provision of this section, the Secretary, in upon a request by any person (including a consultation with the Secretary of Defense, State), shall review the list issued by the may waive or limit the application of any ve- Secretary pursuant to subparagraph (D). If hicle weight limit established under this sec- the Secretary determines there is cause to tion with respect to the portion of Interstate believe that a mistake was made in the ac- Route 95 in the State of Maine between Au- curacy of the final list, the Secretary shall gusta and Bangor for the purpose of making commence a proceeding to determine wheth- bulk shipments of jet fuel to the Air National er the list published pursuant to subpara- Guard Base at Bangor International Airport graph (D) should be corrected. If the Sec- during a period of national emergency in order retary determines that there is a mistake in to respond to the effects of the national emer- the accuracy of the list the Secretary shall gency. (2) APPLICABILITY.—Emergency limits estab- correct the publication under subparagraph lished under paragraph (1) shall preempt any (D) to reflect the determination of the Sec- inconsistent State vehicle weight limits. retary. (i) SPECIAL PERMITS DURING PERIODS OF NA- (4) LONGER COMBINATION VEHICLE DEFINED.— TIONAL EMERGENCY.— For purposes of this section, the term ‘‘longer (1) IN GENERAL.—Notwithstanding any other combination vehicle’’ means any combination provision of this section, a State may issue of a truck tractor and 2 or more trailers or special permits during an emergency to over- semitrailers which operates on the Interstate weight vehicles and loads that can easily be System at a gross vehicle weight greater than dismantled or divided if— 80,000 pounds. (A) the President has declared the emer- (5) REGULATIONS REGARDING MINOR ADJUST- gency to be a major disaster under the Rob- MENTS.—Not later than 180 days after the date ert T. Stafford Disaster Relief and Emer- of the enactment of this subsection, the Sec- gency Assistance Act (42 U.S.C. 5121 et seq.); retary shall issue regulations establishing cri- (B) the permits are issued in accordance teria for the States to follow in making minor with State law; and adjustments under paragraph (1)(B). (C) the permits are issued exclusively to (e) OPERATION OF CERTAIN SPECIALIZED HAUL- vehicles and loads that are delivering relief ING VEHICLES ON INTERSTATE ROUTE 68.—The sin- supplies. gle axle, tandem axle, and bridge formula limits (2) EXPIRATION.—A permit issued under para- set forth in subsection (a) shall not apply to the graph (1) shall expire not later than 120 days operation on Interstate Route 68 in Garrett and after the date of the declaration of emergency Allegany Counties, Maryland, of any specialized under subparagraph (A) of that paragraph. vehicle equipped with a steering axle and a (j) OPERATION OF VEHICLES ON CERTAIN OTHER tridem axle and used for hauling coal, logs, and WISCONSIN HIGHWAYS.—If any segment of the pulpwood if such vehicle is of a type of vehicle United States Route 41 corridor, as described in as was operating in such counties on United section 1105(c)(57) of the Intermodal Surface States Route 40 or 48 for such purpose on August Transportation Efficiency Act of 1991, is des- 1, 1991. ignated as a route on the Interstate System, a (f) OPERATION OF CERTAIN SPECIALIZED HAUL- vehicle that could operate legally on that seg- ING VEHICLES ON CERTAIN WISCONSIN HIGHWAYS.— ment before the date of such designation may If the 104-mile portion of Wisconsin State Route continue to operate on that segment, without 78 and United States Route 51 between Inter- regard to any requirement under subsection (a). state Route 94 near Portage, Wisconsin, and Wis- (k) OPERATION OF VEHICLES ON CERTAIN MIS- consin State Route 29 south of Wausau, Wiscon- SISSIPPI HIGHWAYS.—If any segment of United § 127 TITLE 23—HIGHWAYS Page 118

States Route 78 in Mississippi from mile marker State from issuing a permit for a nondivis- 0 to mile marker 113 is designated as part of the ible load or vehicle with a gross vehicle Interstate System, no limit established under weight that exceeds 120,000 pounds. this section may apply to that segment with re- (m) COVERED HEAVY-DUTY TOW AND RECOVERY spect to the operation of any vehicle that could VEHICLES.— have legally operated on that segment before (1) IN GENERAL.—The vehicle weight limita- such designation. tions set forth in this section do not apply to (l) OPERATION OF VEHICLES ON CERTAIN KEN- a covered heavy-duty tow and recovery vehi- TUCKY HIGHWAYS.— cle. (1) IN GENERAL.—If any segment of highway (2) COVERED HEAVY-DUTY TOW AND RECOVERY described in paragraph (2) is designated as a VEHICLE DEFINED.—In this subsection, the term route on the Interstate System, a vehicle that ‘‘covered heavy-duty tow and recovery vehi- could operate legally on that segment before cle’’ means a vehicle that— the date of such designation may continue to (A) is transporting a disabled vehicle from operate on that segment, without regard to the place where the vehicle became disabled any requirement under subsection (a). to the nearest appropriate repair facility; (2) DESCRIPTION OF HIGHWAY SEGMENTS.—The and highway segments referred to in paragraph (1) (B) has a gross vehicle weight that is equal are as follows: to or exceeds the gross vehicle weight of the (A) Interstate Route 69 in Kentucky (for- disabled vehicle being transported. merly the Wendell H. Ford (Western Ken- (n) OPERATION OF VEHICLES ON CERTAIN HIGH- tucky) Parkway) from the Interstate Route WAYS IN THE STATE OF TEXAS.—If any segment in 24 Interchange, near Eddyville, to the Ed- the State of Texas of United States Route 59, ward T. Breathitt (Pennyrile) Parkway United States Route 77, United States Route 281, Interchange. United States Route 84, Texas State Highway 44, (B) The Edward T. Breathitt (Pennyrile) or another roadway is designated as Interstate Parkway (to be designated as Interstate Route 69, a vehicle that could operate legally on Route 69) in Kentucky from the Wendell H. that segment before the date of the designation Ford (Western Kentucky) Parkway Inter- may continue to operate on that segment, with- change to near milepost 77, and on new out regard to any requirement under this sec- alignment to an interchange on the Audubon tion. Parkway, if the segment is designated as (o) CERTAIN LOGGING VEHICLES IN THE STATE OF part of the Interstate System. WISCONSIN.— (3) ADDITIONAL HIGHWAY SEGMENTS.— (1) IN GENERAL.—The Secretary shall waive, (A) IN GENERAL.—If any segment of high- with respect to a covered logging vehicle, the way described in clauses (i) through (iv) of application of any vehicle weight limit estab- this subparagraph is designated as a route of lished under this section. the Interstate System, a vehicle that could (2) COVERED LOGGING VEHICLE DEFINED.—In operate legally on that segment before the this subsection, the term ‘‘covered logging ve- date of such designation may continue to op- hicle’’ means a vehicle that— (A) is transporting raw or unfinished forest erate on that segment, without regard to products, including logs, pulpwood, biomass, any requirement under subsection (a), ex- or wood chips; cept that such vehicle shall not exceed a (B) has a gross vehicle weight of not more gross vehicle weight of 120,000 pounds. The than 98,000 pounds; highway segments referred to in this para- (C) has not less than 6 axles; and graph are as follows: (D) is operating on a segment of Interstate (i) The William H. Natcher Parkway (to Route 39 in the State of Wisconsin from mile be designated as a spur of Interstate Route marker 175.8 to mile marker 189. 65) from Interstate Route 65 in Bowling Green, Kentucky, to United States Route (p) OPERATION OF CERTAIN SPECIALIZED VEHI- 60 in Owensboro, Kentucky. CLES ON CERTAIN HIGHWAYS IN THE STATE OF AR- (ii) The Julian M. Carroll (Purchase) KANSAS.—If any segment of United States Route Parkway (to be designated as Interstate 63 between the exits for highways 14 and 75 in Route 69) in Kentucky from the Tennessee the State of Arkansas is designated as part of state line to the interchange with Inter- the Interstate System, the single axle weight, state Route 24, near Calvert City. tandem axle weight, gross vehicle weight, and (iii) The Wendell H. Ford (Western Ken- bridge formula limits under subsection (a) and tucky) Parkway (to be designated as a the width limitation under section 31113(a) of spur of Interstate Route 69) from the inter- title 49 shall not apply to that segment with re- change with the William H. Natcher Park- spect to the operation of any vehicle that could way in Ohio County, Kentucky, west to operate legally on that segment before the date the interchange of the Western Kentucky of the designation. Parkway with the Edward T. Breathitt (q) CERTAIN LOGGING VEHICLES IN THE STATE OF (Pennyrile) Parkway. MINNESOTA.— (1) IN GENERAL.—The Secretary shall waive, (iv) The Edward T. Breathitt (Pennyrile) with respect to a covered logging vehicle, the Parkway (to be designated as a spur of application of any vehicle weight limit estab- Interstate Route 69) from Interstate 24, lished under this section. north to Interstate 69. (2) COVERED LOGGING VEHICLE DEFINED.—In (B) NONDIVISIBLE LOAD OR VEHICLE.—Noth- this subsection, the term ‘‘covered logging ve- ing in this paragraph shall prohibit the hicle’’ means a vehicle that— Page 119 TITLE 23—HIGHWAYS § 127

(A) is transporting raw or unfinished forest Pub. L. 101–427, Oct. 15, 1990, 104 Stat. 927; Pub. products, including logs, pulpwood, biomass, L. 102–240, title I, § 1023(a), (b), (d), Dec. 18, 1991, or wood chips; 105 Stat. 1951, 1952, 1954; Pub. L. 103–331, title III, (B) has a gross vehicle weight of not more § 332, Sept. 30, 1994, 108 Stat. 2493; Pub. L. 103–429, than 99,000 pounds; § 3(3), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104–59, (C) has not less than 6 axles; and title III, § 312(a)(1), (2), (b), Nov. 28, 1995, 109 Stat. (D) is operating on a segment of Interstate 584; Pub. L. 104–88, title IV, §§ 404, 405(a)(1), Dec. Route 35 in the State of Minnesota from 29, 1995, 109 Stat. 956; Pub. L. 105–178, title I, mile marker 235.4 to mile marker 259.552. §§ 1106(c)(2)(B), 1212(d)(1), June 9, 1998, 112 Stat. (r) EMERGENCY VEHICLES.— 136, 194; Pub. L. 107–107, div. A, title X, § 1064, (1) IN GENERAL.—Notwithstanding subsection Dec. 28, 2001, 115 Stat. 1233; Pub. L. 108–447, div. (a), a State shall not enforce against an emer- J, title I, § 121, Dec. 8, 2004, 118 Stat. 3347; Pub. gency vehicle a vehicle weight limit (up to a L. 109–58, title VII, § 756(c), Aug. 8, 2005, 119 Stat. maximum gross vehicle weight of 86,000 832; Pub. L. 109–59, title I, § 1111(b)(3), Aug. 10, pounds) of less than— 2005, 119 Stat. 1171; Pub. L. 111–117, div. A, title (A) 24,000 pounds on a single steering axle; I, § 194(a), (c), (d), (f), Dec. 16, 2009, 123 Stat. 3072, (B) 33,500 pounds on a single drive axle; 3073; Pub. L. 112–55, div. C, title I, § 125, Nov. 18, (C) 62,000 pounds on a tandem axle; or 2011, 125 Stat. 655; Pub. L. 112–141, div. A, title I, (D) 52,000 pounds on a tandem rear drive §§ 1404(a), 1510, 1511, July 6, 2012, 126 Stat. 557, 567; steer axle. Pub. L. 113–235, div. K, title I, § 125, Dec. 16, 2014, 128 Stat. 2709; Pub. L. 114–94, div. A, title I, (2) EMERGENCY VEHICLE DEFINED.—In this §§ 1409, 1410, 1446(a)(3), Dec. 4, 2015, 129 Stat. 1411, subsection, the term ‘‘emergency vehicle’’ 1437; Pub. L. 114–113, div. L, title I, § 124, Dec. 18, means a vehicle designed to be used under 2015, 129 Stat. 2847; Pub. L. 115–141, div. L, title emergency conditions— I, §§ 127, 129A, Mar. 23, 2018, 132 Stat. 988; Pub. L. (A) to transport personnel and equipment; 116–6, div. G, title IV, §§ 421, 422, Feb. 15, 2019, 133 and Stat. 474; Pub. L. 116–94, div. H, title IV, § 425(a), (B) to support the suppression of fires and Dec. 20, 2019, 133 Stat. 3018.) mitigation of other hazardous situations. REFERENCES IN TEXT (s) NATURAL GAS AND ELECTRIC BATTERY VEHI- CLES.—A vehicle, if operated by an engine fueled The date of enactment of Federal-Aid Highway primarily by natural gas or powered primarily Amendments of 1974, referred to in subsec. (a)(2), (4), by means of electric battery power, may exceed means Jan. 4, 1975, the date on which Pub. L. 93–643 was approved. the weight limit on the power unit by up to 2,000 The date of the enactment of this subsection, referred pounds (up to a maximum gross vehicle weight to in subsec. (c), is the date of enactment of Pub. L. of 82,000 pounds) under this section. 100–17, which was approved Apr. 2, 1987. (t) VEHICLES IN IDAHO.—A vehicle limited or Section 335 of the Department of Transportation and prohibited under this section from operating on Related Agencies Appropriations Act, 1991, referred to a segment of the Interstate System in the State in subsec. (d)(1)(A), is section 335 of Pub. L. 101–516, of Idaho may operate on such a segment if such which is not classified to the Code. The date of the enactment of this subsection, referred vehicle– to in subsec. (d)(3)(A), (B), (D), (5), is the date of the en- (1) has a gross vehicle weight of 129,000 actment of Pub. L. 102–240, which was approved Dec. 18, pounds or less; 1991. (2) other than gross vehicle weight, complies The date of the enactment of this subsection, referred with the single axle, tandem axle, and bridge to in subsec. (f), is the date of enactment of Pub. L. formula limits set forth in subsection (a); and 104–59, which was approved Nov. 28, 1995. (3) is authorized to operate on such segment The date of the enactment of this subsection, referred under Idaho State law. to in subsec. (g), is the date of enactment of Pub. L. 104–88, which was approved Dec. 29, 1995. (u) VEHICLES IN NORTH DAKOTA.—A vehicle The Robert T. Stafford Disaster Relief and Emer- limited or prohibited under this section from op- gency Assistance Act, referred to in subsec. (i)(1)(A), is erating on a segment of the Interstate System Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- in the State of North Dakota may operate on fied principally to chapter 68 (§ 5121 et seq.) of Title 42, such a segment if such vehicle— The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note (1) has a gross vehicle weight of 129,000 set out under section 5121 of Title 42 and Tables. pounds or less; Section 1105(c)(57) of the Intermodal Surface Trans- (2) other than gross vehicle weight, complies portation Efficiency Act of 1991, referred to in subsec. with the single axle, tandem axle, and bridge (j), is section 1105(c)(57) of Pub. L. 102–240, which is not formula limits set forth in subsection (a); and classified to the Code. (3) is authorized to operate on such segment CODIFICATION under North Dakota State law. Amendments by section 194(c), (f) of Pub. L. 111–117 (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. were executed as if the amendments by section 194(a), 86–624, § 17(e), July 12, 1960, 74 Stat. 416; Pub. L. (d) of Pub. L. 111–117 were still in effect, notwithstand- 93–643, § 106, Jan. 4, 1975, 88 Stat. 2283; Pub. L. ing section 194(b), (e) of Pub. L. 111–117 which provided 94–280, title I, § 120, May 5, 1976, 90 Stat. 438; Pub. that the amendments by section 194(a), (d) were only ef- L. 97–424, title I, § 133, formerly § 133(a), Jan. 6, fective during the 1-year period beginning on the date 1983, 96 Stat. 2123, renumbered § 133, Pub. L. of enactment of Pub. L. 111–117. See 2009 Amendment notes and Effective and Termination Dates of 2009 100–17, title I, § 133(a)(3), Apr. 2, 1987, 101 Stat. Amendment notes below. 170; Pub. L. 100–17, title I, § 119, Apr. 2, 1987, 101 Stat. 157; Pub. L. 100–202, § 101(l) [title III, AMENDMENTS § 347(c)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; 2019—Subsec. (l)(3). Pub. L. 116–6, § 421, added par. (3). § 127 TITLE 23—HIGHWAYS Page 120

Subsec. (l)(3)(A). Pub. L. 116–94, § 425(a)(1), substituted Interstate Route 95 from the southern terminus of the ‘‘clauses (i) through (iv)’’ for ‘‘clause (i) or (ii)’’ in in- Maine Turnpike to the New Hampshire State line, laws troductory provisions. (including regulations)’’ to reflect the probable intent Subsec. (l)(3)(A)(iii), (iv). Pub. L. 116–94, § 425(a)(2), of Congress. See Effective and Termination Dates of added cls. (iii) and (iv). 2009 Amendment note below. Subsec. (s). Pub. L. 116–6, § 422, in heading, substituted Subsec. (a)(13). Pub. L. 111–117, § 194(f), struck out par. ‘‘Natural Gas and Electric Battery Vehicles’’ for ‘‘Nat- (13), which consisted of subpar. (A) only. Text read as ural Gas Vehicles’’, in introductory provisions, inserted follows: ‘‘With respect to Interstate Routes 89, 91, and ‘‘or powered primarily by means of electric battery 93 in the State of Vermont, laws (including regulations) power’’ after ‘‘by natural gas’’ and substituted ‘‘the of that State concerning vehicle weight limitations ap- weight limit on the power unit by up to 2,000 pounds’’ plicable to State highways other than the Interstate for ‘‘any vehicle weight limit’’ and a period for ‘‘by an system shall be applicable in lieu of the requirements amount that is equal to the difference between—,’’ and of this subsection.’’ See Codification note above. struck out pars. (1) and (2) which read as follows: Pub. L. 111–117, § 194(d), (e), temporarily added par. ‘‘(1) the weight of the vehicle attributable to the nat- (13). See Effective and Termination Dates of 2009 ural gas tank and fueling system carried by that vehi- Amendment note below. cle; and 2005—Subsec. (a). Pub. L. 109–58 designated first to ‘‘(2) the weight of a comparable diesel tank and fuel- eleventh sentences as pars. (1) to (11), respectively, and ing system.’’ added par. (12). 2018—Subsec. (a)(10). Pub. L. 115–141, § 129A, amended Subsec. (a)(3). Pub. L. 109–59 substituted ‘‘118(b)(2)’’ par. (10) generally. Prior to amendment, par. (10) read for ‘‘118(b)(1)’’. as follows: ‘‘With respect to Interstate Routes 89, 93, 2004—Subsec. (a). Pub. L. 108–447 substituted ‘‘Inter- and 95 in the State of New Hampshire, State laws (in- state Routes 89, 93, and 95 in the State of New Hamp- cluding regulations) concerning vehicle weight limita- shire’’ for ‘‘Interstate Route 95 in the State of New tions that were in effect on January 1, 1987, and are ap- Hampshire’’ in the penultimate sentence. plicable to State highways other than the Interstate 2001—Subsec. (h). Pub. L. 107–107 added subsec. (h). System, shall be applicable in lieu of the requirements 1998—Subsec. (a). Pub. L. 105–178, § 1212(d)(1), inserted of this subsection.’’ before penultimate sentence ‘‘With respect to the State Subsec. (u). Pub. L. 115–141, § 127, added subsec. (u). of Colorado, vehicles designed to carry 2 or more pre- 2015—Subsec. (a)(3). Pub. L. 114–94, § 1446(a)(3), sub- cast concrete panels shall be considered a nondivisible stituted ‘‘118(b)’’ for ‘‘118(b)(2) of this title’’. load.’’ and inserted at end ‘‘The State of Louisiana may Subsec. (a)(11). Pub. L. 114–113, § 124(1), struck out allow, by special permit, the operation of vehicles with ‘‘through December 31, 2031’’ before period at end in a gross vehicle weight of up to 100,000 pounds for the subpars. (A) and (B). hauling of sugarcane during the harvest season, not to Subsec. (a)(13). Pub. L. 114–94, § 1409, added par. (13). exceed 100 days annually. With respect to Interstate Subsecs. (m) to (s). Pub. L. 114–94, § 1410, added sub- Route 95 in the State of New Hampshire, State laws (in- secs. (m) to (s). cluding regulations) concerning vehicle weight limita- Subsec. (t). Pub. L. 114–113, § 124(2), added subsec. (t). tions that were in effect on January 1, 1987, and are ap- 2014—Subsecs. (j) to (l). Pub. L. 113–235 added subsecs. plicable to State highways other than the Interstate (j) to (l). System, shall be applicable in lieu of the requirements 2012—Subsec. (a)(1). Pub. L. 112–141, § 1404(a), sub- of this subsection. With respect to that portion of the stituted ‘‘The Secretary shall withhold 50 percent of Maine Turnpike designated Interstate Route 95 and 495, the apportionment of a State under section 104(b)(1) in and that portion of Interstate Route 95 from the south- any fiscal year in which the State’’ for ‘‘No funds shall ern terminus of the Maine Turnpike to the New Hamp- be apportioned in any fiscal year under section 104(b)(1) shire State line, laws (including regulations) of the of this title to any State which’’. State of Maine concerning vehicle weight limitations Subsec. (a)(12)(B). Pub. L. 112–141, § 1510(1), sub- that were in effect on October 1, 1995, and are applica- stituted ‘‘550’’ for ‘‘400’’. ble to State highways other than the Interstate Sys- Subsec. (a)(12)(C)(ii). Pub. L. 112–141, § 1510(2), sub- tem, shall be applicable in lieu of the requirements of stituted ‘‘550-pound’’ for ‘‘400-pound’’. this subsection.’’ Subsec. (i). Pub. L. 112–141, § 1511, added subsec. (i). Subsec. (f). Pub. L. 105–178, § 1106(c)(2)(B), substituted 2011—Subsec. (a)(11). Pub. L. 112–55 amended par. (11) ‘‘section 103(c)(4)(A)’’ for ‘‘section 139(a)’’. generally. Prior to amendment, par. (11) read as fol- 1995—Subsec. (a). Pub. L. 104–59, § 312(a)(1), in proviso lows: ‘‘With respect to that portion of the Maine Turn- of second sentence substituted ‘‘except for vehicles pike designated Route 95 and 495, and that portion of using Interstate Route 29 between Sioux City, Iowa, Interstate Route 95 from the southern terminus of the and the border between Iowa and South Dakota or vehi- Maine Turnpike to the New Hampshire State line, laws cles using Interstate Route 129 between Sioux City, (including regulations) of the State of Maine concern- Iowa, and the border between Iowa and Nebraska, and ing vehicle weight limitations that were in effect on except for those’’ for ‘‘except for those’’. October 1, 1995, and are applicable to State highways Subsec. (d)(1)(F). Pub. L. 104–59, § 312(a)(2), added sub- other than the Interstate System, shall be applicable in par. (F). lieu of the requirements of this subsection.’’ Subsec. (f). Pub. L. 104–59, § 312(b), as amended by Pub. 2009—Subsec. (a)(11). Pub. L. 111–117, § 194(c), sub- L. 104–88, § 405(a)(1), added subsec. (f). stituted ‘‘that portion of the Maine Turnpike des- Subsec. (g). Pub. L. 104–88, § 404, added subsec. (g). ignated Route 95 and 495, and that portion of Interstate 1994—Subsec. (a). Pub. L. 103–331 inserted at end Route 95 from the southern terminus of the Maine ‘‘With respect to the State of Maryland, laws and regu- Turnpike to the New Hampshire State line, laws (in- lations in effect on June 1, 1993, shall be applicable for cluding regulations)’’ for ‘‘all portions of the Interstate the purposes of this subsection.’’ Highway System in the State, laws (including regula- Subsec. (d)(2)(A). Pub. L. 103–429 substituted ‘‘sections)’’. See Codification note above. tions 31111–31114 of title 49’’ for ‘‘sections 411, 412, and Pub. L. 111–117, § 194(a), (b), which directed temporary 416 of the Surface Transportation Assistance Act of 1982 substitution of ‘‘all portions of the Interstate Highway (49 U.S.C. App. 2311, 2312, and 2316)’’. System in the State, laws (including regulations)’’ for 1991—Subsec. (a). Pub. L. 102–240, § 1023(a), substituted ‘‘that portion of the Maine Turnpike designated Route ‘‘funds shall be apportioned in any fiscal year under 95 and 495, and that portion of Interstate Route 95 from section 104(b)(1) of this title’’ for ‘‘funds authorized to the southern terminus of the Maine Turnpike to the be appropriated for any fiscal year under provisions of New Hampshire State line, laws (including regula- the Federal-Aid Highway Act of 1956 shall be appor- tions)’’, was executed by making the temporary substi- tioned’’ in first sentence and inserted ‘‘, other than ve- tution for ‘‘that portion of the Maine Turnpike des- hicles or combinations subject to subsection (d) of this ignated Interstate Route 95 and 495, and that portion of section,’’ after ‘‘thereof’’ in fourth sentence. Page 121 TITLE 23—HIGHWAYS § 127

Subsecs. (d), (e). Pub. L. 102–240, § 1023(b), (d), added EFFECTIVE DATE OF 2012 AMENDMENT subsecs. (d) and (e). 1990—Subsec. (a). Pub. L. 101–427 substituted ‘‘The Amendment by Pub. L. 112–141 effective Oct. 1, 2012, Dwight D. Eisenhower System of Interstate and De- see section 3(a) of Pub. L. 112–141, set out as an Effec- fense Highways’’ for ‘‘the National System of Inter- tive and Termination Dates of 2012 Amendment note state and Defense Highways’’ in two places. under section 101 of this title. 1987—Subsec. (a). Pub. L. 100–202 substituted ‘‘Sep- EFFECTIVE AND TERMINATION DATES OF 2009 tember 1, 1989’’ for ‘‘September 1, 1988’’ in two places. AMENDMENT Pub. L. 100–17, § 119(d)(1), inserted heading. Pub. L. 100–17, § 119(a)(1), (2), which directed that sec- Pub. L. 111–117, div. A, title I, § 194(b), Dec. 16, 2009, 123 ond sentence be amended by inserting ‘‘(1)’’ before ‘‘is Stat. 3072, provided that: ‘‘The amendment made by 36 feet or more’’ and by inserting cl. (2) after such subsection (a) [amending this section] shall be in effect phrase, was executed by making the insertions before during the 1-year period beginning on the date of enact- and after ‘‘is thirty-six feet or more’’ to reflect the ment of this Act [Dec. 16, 2009].’’ probable intent of Congress. Pub. L. 111–117, div. A, title I, § 194(c), Dec. 16, 2009, 123 Pub. L. 100–17, § 119(a)(3), (b), inserted ‘‘on any vehicle Stat. 3072, provided that the amendment made by sec- (other than a vehicle comprised of a motor vehicle tion 194(c) is effective as of the date that is 366 days hauling any tank trailer, dump trailer, or ocean trans- after Dec. 16, 2009. port container on or after September 1, 1988)’’ after last Pub. L. 111–117, div. A, title I, § 194(e), Dec. 16, 2009, 123 reference to ‘‘consecutive axles’’ in second sentence Stat. 3073, provided that: ‘‘The amendment made by and substituted ‘‘lapse if not released and obligated subsection (d) [amending this section] shall be in effect within the availability period specified in section during the 1-year period beginning on the date of enact- 118(b)(1) of this title.’’ for ‘‘lapse.’’ ment of this Act [Dec. 16, 2009].’’ Subsec. (b). Pub. L. 100–17, § 119(d)(2), inserted head- Pub. L. 111–117, div. A, title I, § 194(f), Dec. 16, 2009, 123 ing. Subsec. (c). Pub. L. 100–17, § 119(c), added subsec. (c). Stat. 3073, provided that the amendment made by sec- 1983—Pub. L. 97–424 struck out ‘‘and width’’ after tion 194(f) is effective as of the date that is 366 days ‘‘weight’’ in section catchline. after Dec. 16, 2009. Subsec. (a). Pub. L. 97–424 designated existing provi- EFFECTIVE DATE OF 1995 AMENDMENT sions as subsec. (a) and substituted provisions relating to authority to appropriate funds for any fiscal year Amendment by section 404 of Pub. L. 104–88 effective under the Federal-Aid Highway Act of 1956 with respect Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as to apportionment to any State not permitting the use an Effective Date note under section 1301 of Title 49, of the National System of Interstate and Defense High- Transportation. ways within its boundaries by vehicles with specified Pub. L. 104–88, title IV, § 405(a), Dec. 29, 1995, 109 Stat. weights, provisions setting forth formula of maximum 956, provided that the amendment made by that section gross weight to be allowed by any State for vehicles is effective Nov. 28, 1995. using such Highways, and provisions setting forth further limitations for apportionment, for provisions re- EFFECTIVE DATE OF 1991 AMENDMENT lating to authority to appropriate funds for any fiscal Amendment by Pub. L. 102–240 effective Dec. 18, 1991, year under section 108(b) of the Federal-Aid Highway and applicable to funds authorized to be appropriated Act of 1956 with respect to apportionment to any State or made available after Sept. 30, 1991, and, with certain not permitting the use of the Interstate System within exceptions, not applicable to funds appropriated or its boundaries by vehicles with specified weights, provi- made available on or before Sept. 30, 1991, see section sions setting forth formula for determination of overall 1100 of Pub. L. 102–240, set out as a note under section gross weight, provisions relating to maximum widths 104 of this title. permitted for vehicles, and provisions setting forth further limitations for apportionment. SPECIALIZED HAULING VEHICLES Subsec. (b). Pub. L. 97–424 added subsec. (b). 1976—Pub. L. 94–280 authorized a State to permit any Pub. L. 105–178, title I, § 1213(f), June 9, 1998, 112 Stat. bus with a width of 102 inches or less to operate on any 201, provided that: lane of twelve feet or more in width on the Interstate ‘‘(1) STUDY.—The Secretary shall conduct a study to System. examine the impact of the truck weight standards on 1975—Pub. L. 93–643 substituted weight limitations of specialized hauling vehicles. The study shall include, at 20,000 lbs. carried on any one axle, including all en- a minimum, an analysis of the economic, safety, and forcement tolerances, for 18,000 lbs. carried on any one infrastructure impacts of the standards. axle, of 34,000 lbs. for tandem axle weight, including all ‘‘(2) REPORT.—Not later than 2 years after the date of enforcement tolerances, for 32,000 lbs. for tandem axle enactment of this Act [June 9, 1998], the Secretary weight, overall gross weight limitation of 80,000, includ- shall transmit to Congress a report on the results of ing enforcement tolerances, for overall gross weight of the study with any recommendations the Secretary de- 73,280 lbs. prescribed a formula for determination of termines appropriate as a result of the study.’’ overall gross weight on a group of two or more consecu- VEHICLE WEIGHT ENFORCEMENT tive axles, authorized a gross load of 34,000 lbs. each for two consecutive sets of tandem axles having an overall Pub. L. 105–178, title I, § 1213(h), June 9, 1998, 112 Stat. distance of 36 or more feet between such axles, excepted 202, provided that: from the new weight limitations cases of overall gross ‘‘(1) STUDY.—The Secretary shall conduct a study of weight of any group of two or more consecutive axles, State laws (including regulations) relating to penalties on Jan. 4, 1975, and inserted ‘‘, except in the case of the for violation of State commercial motor vehicle weight overall gross weight of any group of two or more con- laws. secutive axles, on the date of enactment of the Federal- ‘‘(2) PURPOSE.—The purpose of the study shall be to Aid Highway Amendments of 1974’’ in third sentence. determine the effectiveness of State penalties as a de- 1960—Pub. L. 86–624 made the laws or regulation in ef- terrent to illegally overweight trucking operations. fect on Feb. 1, 1960, applicable, with respect to the The study shall evaluate fine structures, innovative State of Hawaii, for the purposes of this section, in lieu roadside enforcement techniques, and a State’s ability of those in effect on July 1, 1956. to penalize shippers and carriers as well as drivers and shall examine the effectiveness of administrative and EFFECTIVE DATE OF 2015 AMENDMENT judicial procedures utilized to enforce vehicle weight Amendment by Pub. L. 114–94 effective Oct. 1, 2015, laws. see section 1003 of Pub. L. 114–94, set out as a note ‘‘(3) REPORT.—Not later than 2 years after the date of under section 5313 of Title 5, Government Organization enactment of this Act [June 9, 1998], the Secretary and Employees. shall transmit to Congress a report on the results of § 127 TITLE 23—HIGHWAYS Page 122 the study with any legislative recommendations of the 24,000 pounds, including enforcement tolerances, on Secretary.’’ any vehicle referred to in paragraph (1) in any case in which the vehicle is using the Interstate System. COMMERCIAL MOTOR VEHICLE STUDY ‘‘(B) COVERED STATE DEFINED.—In this paragraph, Pub. L. 105–178, title I, § 1213(i), June 9, 1998, 112 Stat. the term ‘covered State’ means a State that has en- 202, provided that: forced, in the period beginning on October 6, 1992, and ‘‘(1) IN GENERAL.—The Secretary shall request the ending on the date of enactment of this subparagraph Transportation Research Board of the National Acad- [Nov. 30, 2005], a single axle weight limitation of emy of Sciences to conduct a study regarding the regu- 20,000 pounds or greater but less than 24,000 pounds, lation of weights, lengths, and widths of commercial including enforcement tolerances, on any vehicle re- motor vehicles operating on Federal-aid highways to ferred to in paragraph (1) in any case in which the ve- which Federal regulations apply on the date of enact- hicle is using the Interstate System.’’ ment of this Act [June 9, 1998]. In conducting the study, TEMPORARY EXEMPTION FOR FIREFIGHTING VEHICLES the Board shall review law, regulations, studies (including Transportation Research Board Special Report 225), Pub. L. 102–240, title I, § 1023(e), Dec. 18, 1991, 105 Stat. and practices and develop recommendations regarding 1954, provided that: any revisions to law and regulations that the Board de- ‘‘(1) TEMPORARY EXEMPTION.—The second sentence of termines appropriate. section 127 of title 23, United States Code, relating to ‘‘(2) FACTORS TO CONSIDER AND EVALUATE.—In develop- axle weight limitations and the bridge formula for ve- ing recommendations under paragraph (1), the Board hicles using the National System of Interstate and De- shall consider and evaluate the impact of the recom- fense Highways, shall not apply, in the 2-year period mendations described in paragraph (1) on the economy, beginning on the date of the enactment of this Act the environment, safety, and service to communities. [Dec. 18, 1991], to any existing vehicle which is used for ‘‘(3) CONSULTATION.—In carrying out the study, the the purpose of protecting persons and property from Board shall consult with the Department of Transpor- fires and other disasters that threaten public safety tation, States, the motor carrier industry, freight ship- and which is in actual operation before such date of en- pers, highway safety groups, air quality and natural re- actment and to any new vehicle to be used for such pur- source management groups, commercial motor vehicle pose while such vehicle is being delivered to a firefight- driver representatives, and other appropriate entities. ing agency. The Secretary may extend such 2-year pe- ‘‘(4) REPORT.—Not later than 2 years after the date of riod for an additional year. enactment of this Act [June 9, 1998], the Board shall ‘‘(2) STUDY.—The Secretary shall conduct a study— transmit to Congress and the Secretary a report on the ‘‘(A) of State laws regulating the use on the Na- results of the study conducted under this subsection. tional System of Interstate and Defense Highways ‘‘(5) RECOMMENDATIONS.—Not later than 180 days after [now Dwight D. Eisenhower System of Interstate and the date of receipt of the report under paragraph (4), Defense Highways] of vehicles which are used for the the Secretary may transmit to Congress a report con- purpose of protecting persons and property from fires taining comments or recommendations of the Sec- and other disasters that threaten public safety and retary regarding the Board’s report. which are being delivered to or operated by a fire- ‘‘(6) FUNDING.—There is authorized to be appropriated fighting agency; and out of the Highway Trust Fund (other than the Mass ‘‘(B) of the issuance of permits by States which ex- Transit Account) $250,000 for each of fiscal years 1999 empt such vehicles from the requirements of the sec- and 2000 to carry out this subsection. ond sentence of section 127 of title 23, United States ‘‘(7) APPLICABILITY OF TITLE 23.—Funds made avail- Code. able to carry out this subsection shall be available for ‘‘(3) PURPOSES.—The purposes of the study under this obligation in the same manner as if such funds were ap- subsection are to determine whether or not such State portioned under chapter 1 of title 23, United States laws and such section 127 need to be modified with re- Code; except that the Federal share of the cost of the gard to such vehicles and whether or not a permanent study under this subsection shall be 100 percent and exemption should be made for such vehicles from the such funds shall remain available until expended.’’ requirements of such laws and section 127 or whether or not the bridge formula set forth in such section should OVER-THE-ROAD BUSES AND PUBLIC TRANSIT VEHICLES be modified as it applies to such vehicles. Pub. L. 102–240, title I, § 1023(h), as added by Pub. L. ‘‘(4) REPORT.—Not later than 18 months after the date 102–388, title III, § 341, Oct. 6, 1992, 106 Stat. 1552; amend- of the enactment of this Act [Dec. 18, 1991], the Sec- ed by Pub. L. 104–59, title III, § 326, Nov. 28, 1995, 109 retary shall submit to the Congress a report on the re- Stat. 592; Pub. L. 105–178, title I, § 1212(c), June 9, 1998, sults of the study conducted under paragraph (2), to- 112 Stat. 194; Pub. L. 108–7, div. I, title III, § 347, Feb. 20, gether with recommendations.’’ 2003, 117 Stat. 419; Pub. L. 108–447, div. H, title V, § 530, STUDY PERTAINING TO TRANSPORTERS OF WATER WELL Dec. 8, 2004, 118 Stat. 3271; Pub. L. 109–59, title I, § 1309, DRILLING RIGS Aug. 10, 2005, 119 Stat. 1219; Pub. L. 109–115, div. A, title I, § 115, Nov. 30, 2005, 119 Stat. 2408; Pub. L. 112–141, div. Pub. L. 102–240, title I, § 1023(g), Dec. 18, 1991, 105 Stat. A, title I, § 1522, July 6, 2012, 126 Stat. 579, provided that: 1955, directed Secretary to conduct a study of State and ‘‘(1) EXEMPTION.—The second sentence of section 127 Federal regulations pertaining to transporters of water of title 23, United States Code, relating to axle weight well drilling rigs on public highways for the purpose of limitations for vehicles using the Dwight D. Eisen- identifying requirements which place a burden on such hower System of Interstate and Defense Highways, transporters without enhancing safety or preservation shall not apply to— of public highways, and, not later than 2 years after ‘‘(A) any over-the-road bus (as defined in section 301 Dec. 18, 1991, report to Congress on the results of the of the Americans with Disabilities Act of 1990 (42 study, together with any legislative and administrative U.S.C. 12181)); recommendations. ‘‘(B) any vehicle that is regularly and exclusively MOTOR VEHICLE STUDY BY TRANSPORTATION RESEARCH used as an intrastate public agency transit passenger BOARD; REPORT bus; or ‘‘(C) any motor home (as defined in section 571.3 of Pub. L. 100–17, title I, § 158, Apr. 2, 1987, 101 Stat. 210, title 49, Code of Federal Regulations (or successor directed Secretary, within 6 months after Apr. 2, 1987, regulation)). to enter into appropriate arrangements with the Trans- ‘‘(2) STATE ACTION.— portation Research Board of the National Academy of ‘‘(A) WEIGHT LIMITATIONS.—A covered State, includ- Sciences to conduct a study of the following motor ve- ing any political subdivision of such State, may not hicle issues, including an analysis of the impacts of the enforce a single axle weight limitation of less than various positions that have been put forth with respect Page 123 TITLE 23—HIGHWAYS § 129 to each issue and best estimates of effects on pavement, (b) When hearings have been held under sub- bridges, highway revenue and cost responsibility, and section (a), the State transportation department highway safety, and changes in transportation costs shall submit a copy of the transcript of said and other measures of productivity for various seg- hearings to the Secretary, together with the ments of the trucking industry resulting from adoption of each of the positions: (1) elimination of existing, certification and report. grandfather provisions of 23 U.S.C. 127 which allow (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. higher axle loads and gross vehicle weights than the 90–495, § 24, Aug. 23, 1968, 82 Stat. 828; Pub. L. 20,000-pound single axle load limit, 34,000-pound tandem 91–605, title I, § 135, Dec. 31, 1970, 84 Stat. 1734; axle load limit, and 80,000-pound gross vehicle weight Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, limit maximums authorized by Pub. L. 93–643, (2) analysis of alternative methods of determining gross vehicle 1998, 112 Stat. 193.) weight limit and axle loadings for all types of motor AMENDMENTS carrier vehicles, (3) analysis of the bridge formula con- tained in 23 U.S.C. 127 in view of current vehicle con- 1998—Pub. L. 105–178 substituted ‘‘State transpor- figurations, pavement and bridge stresses in accord tation department’’ for ‘‘State highway department’’ wherever appearing. with 1986 design and construction practices, and exist- 1970—Subsec. (a). Pub. L. 91–605, § 135(a), provided for ing bridges on and off the Interstate System, (4) estab- submission of a report by the State highway depart- lishment of nationwide policy regarding the provisions ment involved indicating consideration given to eco- of ‘reasonable access’ to the National Network for com- nomic, social, environmental, and other effects of the bination vehicles established pursuant to Pub. L. plan or highway location or design plus the various al- 97–424, and (5) recommendation of appropriate treat- ternatives which were considered. ment for specialized hauling vehicles which do not Subsec. (b). Pub. L. 91–605, § 135(b), inserted reference comply with the existing Federal bridge formula and to report to be submitted by the State highway depart- submit a final report to Secretary and Congress, not ment together with the certification of public hearings. later than 30 months after appropriate arrangements 1968—Subsec. (a). Pub. L. 90–495 inserted social effect were entered into. of projects, the impact on environment, and their consistency with the goals and objectives of such urban STATE-IMPOSED VEHICLE WIDTH LIMITATIONS 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, Pub. L. 94–280, title II, § 210, May 5, 1976, 90 Stat. 455, see section 37 of Pub. L. 90–495, set out as a note under directed Secretary of Transportation to conduct an in- section 101 of this title. vestigation into relationship between gross load on front steering axles of truck tractors and safety of op- § 129. Toll roads, bridges, tunnels, and ferries eration of vehicle combinations of which such truck (a) BASIC PROGRAM.— tractors are a part, such investigation to be conducted in cooperation with representatives of (A) manufactur- (1) AUTHORIZATION FOR FEDERAL PARTICIPA- ers of truck tractors and related equipment, (B) labor, TION.—Subject to the provisions of this sec- and (C) users of such equipment, and the results of such tion, Federal participation shall be permitted study to be reported to Congress not later than July 1, on the same basis and in the same manner as 1977. construction of toll-free highways is permitted under this chapter in the— § 128. Public hearings (A) initial construction of a toll highway, (a) Any State transportation department bridge, or tunnel or approach to the high- which submits plans for a Federal-aid highway way, bridge, or tunnel; project involving the by passing of or, going (B) initial construction of 1 or more lanes through any city, town, or village, either incor- or other improvements that increase capac- porated or unincorporated, shall certify to the ity of a highway, bridge, or tunnel (other Secretary that it has had public hearings, or has than a highway on the Interstate System) and conversion of that highway, bridge, or afforded the opportunity for such hearings, and tunnel to a tolled facility, if the number of has considered the economic and social effects of toll-free lanes, excluding auxiliary lanes, such a location, its impact on the environment, after the construction is not less than the and its consistency with the goals and objec- number of toll-free lanes, excluding auxil- tives of such urban planning as has been promul- iary lanes, before the construction; gated by the community. Any State transpor- (C) initial construction of 1 or more lanes tation department which submits plans for an or other improvements that increase the ca- Interstate System project shall certify to the pacity of a highway, bridge, or tunnel on the Secretary that it has had public hearings at a Interstate System and conversion of that convenient location, or has afforded the oppor- highway, bridge, or tunnel to a tolled facil- tunity for such hearings for the purpose of en- ity, if the number of toll-free non-HOV abling persons in rural areas through or contig- lanes, excluding auxiliary lanes, after such uous to whose property the highway will pass to construction is not less than the number of express any objections they may have to the toll-free non-HOV lanes, excluding auxiliary proposed locations of such highway. Such cer- lanes, before such construction; tification shall be accompanied by a report (D) reconstruction, resurfacing, restora- which indicates the consideration given to the tion, rehabilitation, or replacement of a toll economic, social, environmental and other ef- highway, bridge, or tunnel or approach to fects of the plan or highway location or design the highway, bridge, or tunnel; and various alternatives which were raised dur- (E) reconstruction or replacement of a ing the hearing or which were otherwise consid- toll-free bridge or tunnel and conversion of ered. the bridge or tunnel to a toll facility;