Title 23 USC Sec. 141(a)

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 7, 2003]

[Document not affected by Public Laws enacted between

January 7, 2003 and February 12, 2003]

[CITE: 23USC127]

TITLE 23--HIGHWAYS

CHAPTER 1--FEDERAL-AID HIGHWAYS

SUBCHAPTER I--GENERAL PROVISIONS

Sec. 127. Vehicle weight limitations--Interstate System

(a) In General.--No funds shall be apportioned in any fiscal year

under section 104(b)(1) of this title to any State which does not permit

the use of The Dwight D. Eisenhower System of Interstate and Defense

Highways within its boundaries by vehicles with a weight of twenty

thousand pounds carried on any one axle, including enforcement

tolerances, or with a tandem axle weight of thirty-four thousand pounds,

including enforcement tolerances, or a gross weight of at least eighty

thousand pounds for vehicle combinations of five axles or more. However,

the maximum gross weight to be allowed by any State for vehicles using

The Dwight D. Eisenhower System of Interstate and Defense Highways shall

be twenty thousand pounds carried on one axle, including enforcement

tolerances, and a tandem axle weight of thirty-four thousand pounds,

including enforcement tolerances and with an overall maximum gross

weight, including enforcement tolerances, on a group of two or more

consecutive axles produced by application of the following formula:

LN

W=500

<3-ln (>_____+12N+36<3-ln )>

N-1

where W equals overall gross weight on any group of two or more

consecutive axles to the nearest five hundred pounds, L equals distance

in feet between the extreme of any group of two or more consecutive

axles, and N equals number of axles in group under consideration, except

that two consecutive sets of tandem axles may carry a gross load of

thirty-four thousand pounds each providing the overall distance between

the first and last axles of such consecutive sets of tandem axles (1) is

thirty-six feet or more, or (2) in the case of a motor vehicle hauling

any tank trailer, dump trailer, or ocean transport container before

September 1, 1989, is 30 feet or more: Provided, That such overall gross

weight may not exceed eighty thousand pounds, including all enforcement

tolerances, except for vehicles using Interstate Route 29 between Sioux

City, Iowa, and the border between Iowa and South Dakota or vehicles

using Interstate Route 129 between Sioux City, Iowa, and the border

between Iowa and Nebraska, and except for those vehicles and loads which

cannot be easily dismantled or divided and which have been issued

special permits in accordance with applicable State laws, or the

corresponding maximum weights permitted for vehicles using the public

highways of such State under laws or regulations established by

appropriate State authority in effect on July 1, 1956, except in the

case of the overall gross weight of any group of two or more consecutive

axles on any vehicle (other than a vehicle comprised of a motor vehicle

hauling any tank trailer, dump trailer, or ocean transport container on

or after September 1, 1989), on the date of enactment of the Federal-Aid

Highway Amendments of 1974, whichever is the greater. Any amount which

is withheld from apportionment to any State pursuant to the foregoing

provisions shall lapse if not released and obligated within the

availability period specified in section 118(b)(1) \1\ of this title.

This section shall not be construed to deny apportionment to any State

allowing the operation within such State of any vehicles or combinations

thereof, other than vehicles or combinations subject to subsection (d)

of this section, which the State determines could be lawfully operated

within such State on July 1, 1956, except in the case of the overall

gross weight of any group of two or more consecutive axles, on the date

of enactment of the Federal-Aid Highway Amendments of 1974. With respect

to the State of Hawaii, laws or regulations in effect on February 1,

1960, shall be applicable for the purposes of this section in lieu of

those in effect on July 1, 1956. With respect to the State of Colorado,

vehicles designed to carry 2 or more precast concrete panels shall be

considered a nondivisible load. With respect to the State of Michigan,

laws or regulations in effect on May 1, 1982, shall be applicable for

the purposes of this subsection. With respect to the State of Maryland,

laws and regulations in effect on June 1, 1993, shall be applicable for

the purposes of this subsection. The State of Louisiana may allow, by

special permit, the operation of vehicles with a gross vehicle weight of

up to 100,000 pounds for the hauling of sugarcane during the harvest

season, not to exceed 100 days annually. With respect to Interstate

Route 95 in the State of New Hampshire, State laws (including

regulations) concerning vehicle weight limitations that were in effect

on January 1, 1987, and are applicable to State highways other than the

Interstate System, shall be applicable in lieu of the requirements of

this subsection. With respect to that portion of the Maine Turnpike

designated Interstate Route 95 and 495, and that portion of Interstate

Route 95 from the southern terminus of the Maine Turnpike to the New

Hampshire State line, laws (including regulations) of the State of Maine

concerning vehicle weight limitations that were in effect on October 1,

1995, and are applicable to State highways other than the Interstate

System, shall be applicable in lieu of the requirements of this

subsection.

---------------------------------------------------------------------------

\1\ See References in Text note below.

---------------------------------------------------------------------------

(b) Reasonable Access.--No State may enact or enforce any law

denying reasonable access to motor vehicles subject to this title to and

from the Interstate Highway System to terminals and facilities for food,

fuel, repairs, and rest.

(c) Ocean Transport Container Defined.--For purposes of this

section, the term ``ocean transport container'' has the meaning given

the term ``freight container'' by the International Standards

Organization in Series 1, Freight Containers, 3rd Edition (reference

number IS0668-1979(E)) as in effect on the date of the enactment of this

subsection.

(d) Longer Combination Vehicles.--

(1) Prohibition.--

(A) General continuation rule.--A longer combination vehicle

may continue to operate only if the longer combination vehicle

configuration type was authorized by State officials pursuant to

State statute or regulation conforming to this section and in

actual lawful operation on a regular or periodic basis

(including seasonal operations) on or before June 1, 1991, or

pursuant to section 335 of the Department of Transportation and

Related Agencies Appropriations Act, 1991 (104 Stat. 2186).

(B) Applicability of state laws and regulations.--All such

operations shall continue to be subject to, at the minimum, all

State statutes, regulations, limitations and conditions,

including, but not limited to, routing-specific and

configuration-specific designations and all other restrictions,

in force on June 1, 1991; except that subject to such

regulations as may be issued by the Secretary pursuant to

paragraph (5) of this subsection, the State may make minor

adjustments of a temporary and emergency nature to route

designations and vehicle operating restrictions in effect on

June 1, 1991, for specific safety purposes and road

construction.

(C) Wyoming.--In addition to those vehicles allowed under

subparagraph (A), the State of Wyoming may allow the operation

of additional vehicle configurations not in actual operation on

June 1, 1991, but authorized by State law not later than

November 3, 1992, if such vehicle configurations comply with the

single axle, tandem axle, and bridge formula limits set forth in

subsection (a) and do not exceed 117,000 pounds gross vehicle

weight.

(D) Ohio.--In addition to vehicles which the State of Ohio

may continue to allow to be operated under subparagraph (A),

such State may allow longer combination vehicles with 3 cargo

carrying units of 28\1/2\ feet each (not including the truck

tractor) not in actual operation on June 1, 1991, to be operated

within its boundaries on the 1-mile segment of Ohio State Route

7 which begins at and is south of exit 16 of the Ohio Turnpike.

(E) Alaska.--In addition to vehicles which the State of

Alaska may continue to allow to be operated under subparagraph

(A), such State may allow the operation of longer combination

vehicles which were not in actual operation on June 1, 1991, but

which were in actual operation prior to July 5, 1991.

(F) Iowa.--In addition to vehicles that the State of Iowa

may continue to allow to be operated under subparagraph (A), the

State may allow longer combination vehicles that were not in

actual operation on June 1, 1991, to be operated on Interstate

Route 29 between Sioux City, Iowa, and the border between Iowa

and South Dakota or Interstate Route 129 between Sioux City,

Iowa, and the border between Iowa and Nebraska.

(2) Additional state restrictions.--

(A) In general.--Nothing in this subsection shall prevent

any State from further restricting in any manner or prohibiting

the operation of longer combination vehicles otherwise

authorized under this subsection; except that such restrictions

or prohibitions shall be consistent with the requirements of

sections 31111-31114 of title 49.

(B) Minor adjustments.--Any State further restricting or

prohibiting the operations of longer combination vehicles or

making minor adjustments of a temporary and emergency nature as

may be allowed pursuant to regulations issued by the Secretary

pursuant to paragraph (5) of this subsection, shall, within 30

days, advise the Secretary of such action, and the Secretary

shall publish a notice of such action in the Federal Register.

(3) Publication of list.--

(A) Submission to secretary.--Within 60 days of the date of

the enactment of this subsection, each State (i) shall submit to

the Secretary for publication in the Federal Register a complete

list of (I) all operations of longer combination vehicles being

conducted as of June 1, 1991, pursuant to State statutes and

regulations; (II) all limitations and conditions, including, but

not limited to, routing-specific and configuration-specific

designations and all other restrictions, governing the operation

of longer combination vehicles otherwise prohibited under this

subsection; and (III) such statutes, regulations, limitations,

and conditions; and (ii) shall submit to the Secretary copies of

such statutes, regulations, limitations, and conditions.

(B) Interim list.--Not later than 90 days after the date of

the enactment of this subsection, the Secretary shall publish an

interim list in the Federal Register, consisting of all

information submitted pursuant to subparagraph (A). The

Secretary shall review for accuracy all information submitted by

the States pursuant to subparagraph (A) and shall solicit and

consider public comment on the accuracy of all such information.

(C) Limitation.--No statute or regulation shall be included

on the list submitted by a State or published by the Secretary

merely on the grounds that it authorized, or could have

authorized, by permit or otherwise, the operation of longer

combination vehicles, not in actual operation on a regular or

periodic basis on or before June 1, 1991.

(D) Final list.--Except as modified pursuant to paragraph

(1)(C) of this subsection, the list shall be published as final

in the Federal Register not later than 180 days after the date

of the enactment of this subsection. In publishing the final

list, the Secretary shall make any revisions necessary to

correct inaccuracies identified under subparagraph (B). After

publication of the final list, longer combination vehicles may

not operate on the Interstate System except as provided in the

list.

(E) Review and correction procedure.--The Secretary, on his

or her own motion or upon a request by any person (including a

State), shall review the list issued by the Secretary pursuant

to subparagraph (D). If the Secretary determines there is cause

to believe that a mistake was made in the accuracy of the final

list, the Secretary shall commence a proceeding to determine

whether the list published pursuant to subparagraph (D) should

be corrected. If the Secretary determines that there is a

mistake in the accuracy of the list the Secretary shall correct

the publication under subparagraph (D) to reflect the

determination of the Secretary.

(4) Longer combination vehicle defined.--For purposes of this

section, the term ``longer combination vehicle'' means any

combination of a truck tractor and 2 or more trailers or

semitrailers which operates on the Interstate System at a gross

vehicle weight greater than 80,000 pounds.

(5) Regulations regarding minor adjustments.--Not later than 180

days after the date of the enactment of this subsection, the

Secretary shall issue regulations establishing criteria for the

States to follow in making minor adjustments under paragraph (1)(B).

(e) Operation of Certain Specialized Hauling Vehicles on Interstate

Route 68.--The single axle, tandem axle, and bridge formula limits set

forth in subsection (a) shall not apply to the operation on Interstate

Route 68 in Garrett and Allegany Counties, Maryland, of any specialized

vehicle equipped with a steering axle and a tridem axle and used for

hauling coal, logs, and pulpwood if such vehicle is of a type of vehicle

as was operating in such counties on United States Route 40 or 48 for

such purpose on August 1, 1991.

(f) Operation of Certain Specialized Hauling Vehicles on Certain

Wisconsin Highways.--If the 104-mile portion of Wisconsin State Route 78

and United States Route 51 between Interstate Route 94 near Portage,

Wisconsin, and Wisconsin State Route 29 south of Wausau, Wisconsin, is

designated as part of the Interstate System under section 103(c)(4)(A),

the single axle weight, tandem axle weight, gross vehicle weight, and

bridge formula limits set forth in subsection (a) shall not apply to the

104-mile portion with respect to the operation of any vehicle that could

legally operate on the 104-mile portion before the date of the enactment

of this subsection.

(g) Operation of Certain Specialized Hauling Vehicles on Certain

Pennsylvania Highways.--If the segment of United States Route 220

between Bedford and Bald Eagle, Pennsylvania, is designated as part of

the Interstate System, the single axle weight, tandem axle weight, gross

vehicle weight, and bridge formula limits set forth in subsection (a)

shall not apply to that segment with respect to the operation of any

vehicle which could have legally operated on that segment before the

date of the enactment of this subsection.

(h) Waiver for a Route in State of Maine During Periods of National

Emergency.--

(1) In general.--Notwithstanding any other provision of this

section, the Secretary, in consultation with the Secretary of

Defense, may waive or limit the application of any vehicle weight

limit established under this section with respect to the portion of

Interstate Route 95 in the State of Maine between Augusta and Bangor

for the purpose of making bulk shipments of jet fuel to the Air

National Guard Base at Bangor International Airport during a period

of national emergency in order to respond to the effects of the

national emergency.

(2) Applicability.--Emergency limits established under paragraph

(1) shall preempt any inconsistent State vehicle weight limits.

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86-624,

Sec. 17(e), July 12, 1960, 74 Stat. 416; Pub. L. 93-643, Sec. 106, Jan.

4, 1975, 88 Stat. 2283; Pub. L. 94-280, title I, Sec. 120, May 5, 1976,

90 Stat. 438; Pub. L. 97-424, title I, Sec. 133, formerly Sec. 133(a),

Jan. 6, 1983, 96 Stat. 2123, renumbered Sec. 133, Pub. L. 100-17, title

I, Sec. 133(a)(3), Apr. 2, 1987, 101 Stat. 170; Pub. L. 100-17, title I,

Sec. 119, Apr. 2, 1987, 101 Stat. 157; Pub. L. 100-202, Sec. 101(l)

[title III, Sec. 347(c)], Dec. 22, 1987, 101 Stat. 1329-358, 1329-388;

Pub. L. 101-427, Oct. 15, 1990, 104 Stat. 927; Pub. L. 102-240, title I,

Sec. 1023(a), (b), (d), Dec. 18, 1991, 105 Stat. 1951, 1952, 1954; Pub.

L. 103-331, title III, Sec. 332, Sept. 30, 1994, 108 Stat. 2493; Pub. L.

103-429, Sec. 3(3), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104-59, title

III, Sec. 312(a)(1), (2), (b), Nov. 28, 1995, 109 Stat. 584; Pub. L.

104-88, title IV, Secs. 404, 405(a)(1), Dec. 29, 1995, 109 Stat. 956;

Pub. L. 105-178, title I, Secs. 1106(c)(2)(B), 1212(d)(1), June 9, 1998,

112 Stat. 136, 194; Pub. L. 107-107, div. A, title X, Sec. 1064, Dec.

28, 2001, 115 Stat. 1233.)

References in Text

The date of enactment of Federal-Aid Highway Amendments of 1974,

referred to in subsec. (a), means Jan. 4, 1975, the date on which Pub.

L. 93-643 was approved.

Section 118(b) of this title, referred to in subsec. (a), was struck

out and a new subsec. (b) was added by Pub. L. 102-240, title I,

Sec. 1020(a), Dec. 18, 1991, 105 Stat. 1948. Provisions formerly

contained in subsec. (b)(1) of section 118 appear in subsec. (b)(2).

The date of the enactment of this subsection, referred to in subsec.

(c), is the date of enactment of Pub. L. 100-17, which was approved Apr.

2, 1987.

Section 335 of the Department of Transportation and Related Agencies

Appropriations Act, 1991, referred to in subsec. (d)(1)(A), is section

335 of Pub. L. 101-516, which is not classified to the Code.

The date of the enactment of this subsection, referred to in subsec.

(d)(3)(A), (B), (D), (5), is the date of the enactment of Pub. L. 102-

240, which was approved Dec. 18, 1991.

The date of the enactment of this subsection, referred to in subsec.

(f), is the date of enactment of Pub. L. 104-59, which was approved Nov.

28, 1995.

The date of the enactment of this subsection, referred to in subsec.

(g), is the date of enactment of Pub. L. 104-88, which was approved Dec.

29, 1995.

Amendments

2001--Subsec. (h). Pub. L. 107-107 added subsec. (h).

1998--Subsec. (a). Pub. L. 105-178, Sec. 1212(d)(1), inserted before

penultimate sentence ``With respect to the State of Colorado, vehicles

designed to carry 2 or more precast concrete panels shall be considered

a nondivisible load.'' and inserted at end ``The State of Louisiana may

allow, by special permit, the operation of vehicles with a gross vehicle

weight of up to 100,000 pounds for the hauling of sugarcane during the

harvest season, not to exceed 100 days annually. With respect to

Interstate Route 95 in the State of New Hampshire, State laws (including

regulations) concerning vehicle weight limitations that were in effect

on January 1, 1987, and are applicable to State highways other than the

Interstate System, shall be applicable in lieu of the requirements of

this subsection. With respect to that portion of the Maine Turnpike

designated Interstate Route 95 and 495, and that portion of Interstate

Route 95 from the southern terminus of the Maine Turnpike to the New

Hampshire State line, laws (including regulations) of the State of Maine

concerning vehicle weight limitations that were in effect on October 1,

1995, and are applicable to State highways other than the Interstate

System, shall be applicable in lieu of the requirements of this

subsection.''

Subsec. (f). Pub. L. 105-178, Sec. 1106(c)(2)(B), substituted

``section 103(c)(4)(A)'' for ``section 139(a)''.

1995--Subsec. (a). Pub. L. 104-59, Sec. 312(a)(1), in proviso of

second sentence substituted ``except for vehicles using Interstate Route

29 between Sioux City, Iowa, and the border between Iowa and South

Dakota or vehicles using Interstate Route 129 between Sioux City, Iowa,

and the border between Iowa and Nebraska, and except for those'' for

``except for those''.

Subsec. (d)(1)(F). Pub. L. 104-59, Sec. 312(a)(2), added subpar.

(F).

Subsec. (f). Pub. L. 104-59, Sec. 312(b), as amended by Pub. L. 104-

88, Sec. 405(a)(1), added subsec. (f).

Subsec. (g). Pub. L. 104-88, Sec. 404, added subsec. (g).

1994--Subsec. (a). Pub. L. 103-331 inserted at end ``With respect to

the State of Maryland, laws and regulations in effect on June 1, 1993,

shall be applicable for the purposes of this subsection.''

Subsec. (d)(2)(A). Pub. L. 103-429 substituted ``sections 31111-

31114 of title 49'' for ``sections 411, 412, and 416 of the Surface

Transportation Assistance Act of 1982 (49 U.S.C. App. 2311, 2312, and

2316)''.

1991--Subsec. (a). Pub. L. 102-240, Sec. 1023(a), substituted

``funds shall be apportioned in any fiscal year under section 104(b)(1)

of this title'' for ``funds authorized to be appropriated for any fiscal

year under provisions of the Federal-Aid Highway Act of 1956 shall be

apportioned'' in first sentence and inserted ``, other than vehicles or

combinations subject to subsection (d) of this section,'' after

``thereof'' in fourth sentence.

Subsecs. (d), (e). Pub. L. 102-240, Sec. 1023(b), (d), added

subsecs. (d) and (e).

1990--Subsec. (a). Pub. L. 101-427 substituted ``The Dwight D.

Eisenhower System of Interstate and Defense Highways'' for ``the

National System of Interstate and Defense Highways'' in two places.

1987--Subsec. (a). Pub. L. 100-202 substituted ``September 1, 1989''

for ``September 1, 1988'' in two places.

Pub. L. 100-17, Sec. 119(d)(1), inserted heading.

Pub. L. 100-17, Sec. 119(a)(1), (2), which directed that second

sentence be amended by inserting ``(1)'' before ``is 36 feet or more''

and by inserting cl. (2) after such phrase, was executed by making the

insertions before and after ``is thirty-six feet or more'' to reflect

the probable intent of Congress.

Pub. L. 100-17, Sec. 119(a)(3), (b), inserted ``on any vehicle

(other than a vehicle comprised of a motor vehicle hauling any tank

trailer, dump trailer, or ocean transport container on or after

September 1, 1988)'' after last reference to ``consecutive axles'' in

second sentence and substituted ``lapse if not released and obligated

within the availability period specified in section 118(b)(1) of this

title.'' for ``lapse.''

Subsec. (b). Pub. L. 100-17, Sec. 119(d)(2), inserted heading.

Subsec. (c). Pub. L. 100-17, Sec. 119(c), added subsec. (c).

1983--Pub. L. 97-424 struck out ``and width'' after ``weight'' in

section catchline.

Subsec. (a). Pub. L. 97-424 designated existing provisions as

subsec. (a) and substituted provisions relating to authority to

appropriate funds for any fiscal year under the Federal-Aid Highway Act

of 1956 with respect to apportionment to any State not permitting the

use of the National System of Interstate and Defense Highways within its

boundaries by vehicles with specified weights, provisions setting forth

formula of maximum gross weight to be allowed by any State for vehicles

using such Highways, and provisions setting forth further limitations

for apportionment, for provisions relating to authority to appropriate

funds for any fiscal year under section 108(b) of the Federal-Aid

Highway Act of 1956 with respect to apportionment to any State not

permitting the use of the Interstate System within its boundaries by

vehicles with specified weights, provisions setting forth formula for

determination of overall gross weight, provisions relating to maximum

widths permitted for vehicles, and provisions setting forth further

limitations for apportionment.

Subsec. (b). Pub. L. 97-424 added subsec. (b).

1976--Pub. L. 94-280 authorized a State to permit any bus with a

width of 102 inches or less to operate on any lane of twelve feet or

more in width on the Interstate System.

1975--Pub. L. 93-643 substituted weight limitations of 20,000 lbs.

carried on any one axle, including all enforcement tolerances, for

18,000 lbs. carried on any one axle, of 34,000 lbs. for tandem axle

weight, including all enforcement tolerances, for 32,000 lbs. for tandem

axle weight, overall gross weight limitation of 80,000, including

enforcement tolerances, for overall gross weight of 73,280 lbs.

prescribed a formula for determination of overall gross weight on a

group of two or more consecutive axles, authorized a gross load of

34,000 lbs. each for two consecutive sets of tandem axles having an

overall distance of 36 or more feet between such axles, excepted from

the new weight limitations cases of overall gross weight of any group of

two or more consecutive axles, on Jan. 4, 1975, and inserted ``, except

in the case of the overall gross weight of any group of two or more

consecutive axles, on the date of enactment of the Federal-Aid Highway

Amendments of 1974'' in third sentence.

1960--Pub. L. 86-624 made the laws or regulation in effect on Feb.

1, 1960, applicable, with respect to the State of Hawaii, for the

purposes of this section, in lieu of those in effect on July 1, 1956.

Effective Date of 1995 Amendment

Amendment by section 404 of Pub. L. 104-88 effective Jan. 1, 1996,

see section 2 of Pub. L. 104-88, set out as an Effective Date note under

section 701 of Title 49, Transportation.

Section 405(a) of Pub. L. 104-88 provided that the amendment made by

that section is effective Nov. 28, 1995.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable

to funds authorized to be appropriated or made available after Sept. 30,

1991, and, with certain exceptions, not applicable to funds appropriated

or made available on or before Sept. 30, 1991, see section 1100 of Pub.

L. 102-240, set out as a note under section 104 of this title.

Specialized Hauling Vehicles

Pub. L. 105-178, title I, Sec. 1213(f), June 9, 1998, 112 Stat. 201,

provided that:

``(1) Study.--The Secretary shall conduct a study to examine the

impact of the truck weight standards on specialized hauling vehicles.

The study shall include, at a minimum, an analysis of the economic,

safety, and infrastructure impacts of the standards.

``(2) Report.--Not later than 2 years after the date of enactment of

this Act [June 9, 1998], the Secretary shall transmit to Congress a

report on the results of the study with any recommendations the

Secretary determines appropriate as a result of the study.''

Vehicle Weight Enforcement

Pub. L. 105-178, title I, Sec. 1213(h), June 9, 1998, 112 Stat. 202,

provided that:

``(1) Study.--The Secretary shall conduct a study of State laws

(including regulations) relating to penalties for violation of State

commercial motor vehicle weight laws.

``(2) Purpose.--The purpose of the study shall be to determine the

effectiveness of State penalties as a deterrent to illegally overweight

trucking operations. The study shall evaluate fine structures,

innovative roadside enforcement techniques, and a State's ability to

penalize shippers and carriers as well as drivers and shall examine the

effectiveness of administrative and judicial procedures utilized to

enforce vehicle weight laws.

``(3) Report.--Not later than 2 years after the date of enactment of

this Act [June 9, 1998], the Secretary shall transmit to Congress a

report on the results of the study with any legislative recommendations

of the Secretary.''

Commercial Motor Vehicle Study

Pub. L. 105-178, title I, Sec. 1213(i), June 9, 1998, 112 Stat. 202,

provided that:

``(1) In general.--The Secretary shall request the Transportation

Research Board of the National Academy of Sciences to conduct a study

regarding the regulation of weights, lengths, and widths of commercial

motor vehicles operating on Federal-aid highways to which Federal

regulations apply on the date of enactment of this Act [June 9, 1998].

In conducting the study, the Board shall review law, regulations,

studies (including Transportation Research Board Special Report 225),

and practices and develop recommendations regarding any revisions to law

and regulations that the Board determines appropriate.

``(2) Factors to consider and evaluate.--In developing

recommendations under paragraph (1), the Board shall consider and

evaluate the impact of the recommendations described in paragraph (1) on

the economy, the environment, safety, and service to communities.

``(3) Consultation.--In carrying out the study, the Board shall

consult with the Department of Transportation, States, the motor carrier

industry, freight shippers, highway safety groups, air quality and

natural resource management groups, commercial motor vehicle driver

representatives, and other appropriate entities.

``(4) Report.--Not later than 2 years after the date of enactment of

this Act [June 9, 1998], the Board shall transmit to Congress and the

Secretary a report on the results of the study conducted under this

subsection.

``(5) Recommendations.--Not later than 180 days after the date of

receipt of the report under paragraph (4), the Secretary may transmit to

Congress a report containing comments or recommendations of the

Secretary regarding the Board's report.

``(6) Funding.--There is authorized to be appropriated out of the

Highway Trust Fund (other than the Mass Transit Account) $250,000 for

each of fiscal years 1999 and 2000 to carry out this subsection.

``(7) Applicability of title 23.--Funds made available to carry out

this subsection shall be available for obligation in the same manner as

if such funds were apportioned under chapter 1 of title 23, United

States Code; except that the Federal share of the cost of the study

under this subsection shall be 100 percent and such funds shall remain

available until expended.''

Public Transit Vehicles

Pub. L. 102-240, title I, Sec. 1023(h), as added by Pub. L. 102-388,

title III, Sec. 341, Oct. 6, 1992, 106 Stat. 1552; amended by Pub. L.

104-59, title III, Sec. 326, Nov. 28, 1995, 109 Stat. 592; Pub. L. 105-

178, title I, Sec. 1212(c), June 9, 1998, 112 Stat. 194, provided that:

``(1) Temporary exemption.--The second sentence of section 127 of

title 23, United States Code, relating to axle weight limitations for

vehicles using the Dwight D. Eisenhower System of Interstate and Defense

Highways, shall not apply, for the period beginning on October 6, 1992,

and ending on October 1, 2003, to any vehicle which is regularly and

exclusively used as an intrastate public agency transit passenger bus.

``(2) Study.--The Secretary shall conduct a study on the maximum

axle weight limitations on the Dwight D. Eisenhower System of Interstate

and Defense Highways established under section 127 of title 23, United

States Code, or under State laws, as they apply to public transit

vehicles. The study shall determine whether or not public transit

vehicles should be exempted from the requirements of section 127 or

State laws or if such laws should be modified with regard to public

transit vehicles. In making such determination, the Secretary shall

consider current transit vehicle design standards, the implications of

the Americans with Disabilities Act [of 1990, 42 U.S.C. 12101 et seq.]

and Clean Air Act [42 U.S.C. 7401 et seq.] requirements on such design

standards, and the potential impact of revised design standards on

transit ridership capacity, operating and replacement costs, air quality

concerns, and highway wear and tear.

``(3) Report.--Not later than 18 months after the date of enactment

of this Act, the Secretary shall submit to the Congress a report on the

result of the study conducted under paragraph (2), together with

recommendations.''

Temporary Exemption for Firefighting Vehicles

Section 1023(e) of Pub. L. 102-240 provided that:

``(1) Temporary exemption.--The second sentence of section 127 of

title 23, United States Code, relating to axle weight limitations and

the bridge formula for vehicles using the National System of Interstate

and Defense Highways, shall not apply, in the 2-year period beginning on

the date of the enactment of this Act [Dec. 18, 1991], to any existing

vehicle which is used for the purpose of protecting persons and property

from fires and other disasters that threaten public safety and which is

in actual operation before such date of enactment and to any new vehicle

to be used for such purpose while such vehicle is being delivered to a

firefighting agency. The Secretary may extend such 2-year period for an

additional year.

``(2) Study.--The Secretary shall conduct a study--

``(A) of State laws regulating the use on the National System of

Interstate and Defense Highways [now Dwight D. Eisenhower System of

Interstate and Defense Highways] of vehicles which are used for the

purpose of protecting persons and property from fires and other

disasters that threaten public safety and which are being delivered

to or operated by a firefighting agency; and

``(B) of the issuance of permits by States which exempt such

vehicles from the requirements of the second sentence of section 127

of title 23, United States Code.

``(3) Purposes.--The purposes of the study under this subsection are

to determine whether or not such State laws and such section 127 need to

be modified with regard to such vehicles and whether or not a permanent

exemption should be made for such vehicles from the requirements of such

laws and section 127 or whether or not the bridge formula set forth in

such section should be modified as it applies to such vehicles.

``(4) Report.--Not later than 18 months after the date of the

enactment of this Act [Dec. 18, 1991], the Secretary shall submit to the

Congress a report on the results of the study conducted under paragraph

(2), together with recommendations.''

Study Pertaining to Transporters of Water Well Drilling Rigs

Section 1023(g) of Pub. L. 102-240 directed Secretary to conduct a

study of State and Federal regulations pertaining to transporters of

water well drilling rigs on public highways for the purpose of

identifying requirements which place a burden on such transporters

without enhancing safety or preservation of public highways, and, not

later than 2 years after Dec. 18, 1991, report to Congress on the

results of the study, together with any legislative and administrative

recommendations.

Motor Vehicle Study by Transportation Research Board; Report

Section 158 of Pub. L. 100-17 directed Secretary, within 6 months

after Apr. 2, 1987, to enter into appropriate arrangements with the

Transportation Research Board of the National Academy of Sciences to

conduct a study of the following motor vehicle issues, including an

analysis of the impacts of the various positions that have been put

forth with respect to each issue and best estimates of effects on

pavement, bridges, highway revenue and cost responsibility, and highway

safety, and changes in transportation costs and other measures of

productivity for various segments of the trucking industry resulting

from adoption of each of the positions: (1) elimination of existing,

grandfather provisions of 23 U.S.C. 127 which allow higher axle loads

and gross vehicle weights than the 20,000-pound single axle load limit,

34,000-pound tandem axle load limit, and 80,000-pound gross vehicle

weight limit maximums authorized by Pub. L. 93-643, (2) analysis of

alternative methods of determining gross vehicle weight limit and axle

loadings for all types of motor carrier vehicles, (3) analysis of the

bridge formula contained in 23 U.S.C. 127 in view of current vehicle

configurations, pavement and bridge stresses in accord with 1986 design

and construction practices, and existing bridges on and off the

Interstate System, (4) establishment of nationwide policy regarding the

provisions of `reasonable access' to the National Network for

combination vehicles established pursuant to Pub. L. 97-424, and (5)

recommendation of appropriate treatment for specialized hauling vehicles

which do not comply with the existing Federal bridge formula and submit

a final report to Secretary and Congress, not later than 30 months after

appropriate arrangements were entered into.

State-Imposed Vehicle Width Limitations

Pub. L. 97-369, title III, Sec. 321, Dec. 18, 1982, 96 Stat. 1784,

related to State-imposed vehicle width limitations, prior to repeal by

Pub. L. 98-17, Sec. 2, Apr. 5, 1983, 97 Stat. 60. See section 31113 of

Title 49, Transportation.

Steering Axle Study; Report to Congress

Section 210 of Pub. L. 94-280 directed Secretary of Transportation

to conduct an investigation into relationship between gross load on

front steering axles of truck tractors and safety of operation of

vehicle combinations of which such truck tractors are a part, such

investigation to be conducted in cooperation with representatives of (A)

manufacturers of truck tractors and related equipment, (B) labor, and

(C) users of such equipment, and the results of such study to be

reported to Congress not later than July 1, 1977.

Section Referred to in Other Sections

This section is referred to in section 141 of this title; title 49

sections 5112, 31112.