Appendix B
Federal Truck Size and Weight Laws

UNITED STATES CODE

TITLE 23—

HIGHWAYS

Chapter 1—Federal-Aid Highways

Subchapter I—General Provisions1

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 20,000 lb carried on any one axle, including enforcement tolerances, or with a tandem axle weight of 34,000 lb, including enforcement tolerances, or a gross weight of at least 80,000 lb 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 20,0000 lb carried on one axle, including enforcement tolerances, and a tandem axle weight of 34,000 lb, 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:

W = 500[LN/(N – 1) + 12N + 36]

where W equals overall gross weight on any group of two or more consecutive axles to the nearest 500 lb, 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 34,000 lb each providing the overall distance between the first and last axles of such consecutive sets of tandem axles (1) is 36 ft or more, or (2) in the case of a motor vehicle hauling any tank trailer, dump trailer, or ocean transport container



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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 Appendix B Federal Truck Size and Weight Laws UNITED STATES CODE TITLE 23— HIGHWAYS Chapter 1—Federal-Aid Highways Subchapter I—General Provisions1 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 20,000 lb carried on any one axle, including enforcement tolerances, or with a tandem axle weight of 34,000 lb, including enforcement tolerances, or a gross weight of at least 80,000 lb 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 20,0000 lb carried on one axle, including enforcement tolerances, and a tandem axle weight of 34,000 lb, 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: W = 500[LN/(N – 1) + 12N + 36] where W equals overall gross weight on any group of two or more consecutive axles to the nearest 500 lb, 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 34,000 lb each providing the overall distance between the first and last axles of such consecutive sets of tandem axles (1) is 36 ft or more, or (2) in the case of a motor vehicle hauling any tank trailer, dump trailer, or ocean transport container

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 before September 1, 1989, is 30 ft or more: Provided, That such overall gross weight may not exceed 80,000 lb, including all enforcement tolerances, except for vehicles using Interstate 29 between Sioux City, Iowa, and the border between Iowa and South Dakota or vehicles using Interstate 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) 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 two 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 (GVW) of up to 100,000 lb for the hauling of sugarcane during the harvest season, not to exceed 100 days annually. With respect to

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 Interstate 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 95 and 495, and that portion of Interstate 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. (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 (ISO) 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

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 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 GVW. (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 three cargo carrying units of 28 1/2 ft each (not including the truck tractor) not in actual operation on June 1, 1991, to be operated within its boundaries on the 1-mi segment of Ohio State Route (SR)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 29 between Sioux City, Iowa, and the border between Iowa and South Dakota or Interstate 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

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 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.

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 (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 two or more trailers or semitrailers which operates on the Interstate System at a GVW greater than 80,000 lb. (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 68.—The single axle, tandem axle, and bridge formula limits set forth in subsection (a) shall not apply to the operation on Interstate 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 (US) 40 or 48 for such purpose on August 1, 1991. (f) Operation of Certain Specialized Hauling Vehicles on Certain Wisconsin Highways.—If the 104-mi portion of Wisconsin SR 78 and US51 between Interstate 94 near Portage, Wisconsin, and Wisconsin SR 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, GVW, and bridge formula limits set forth in subsection (a) shall not apply to the 104-mi portion with respect to the operation of any vehicle that could legally operate on the 104-mi 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 US 220 between Bedford and Bald Eagle, Pennsylvania, is designated as part of the Interstate System, the single axle weight, tandem axle weight,

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 GVW, 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. Sec. 141. Enforcement of Requirements (a) Each State shall certify to the Secretary before January 1 of each year that it is enforcing all State laws respecting maximum vehicle size and weights permitted on the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System in accordance with section 127 of this title. Each State shall also certify that it is enforcing and complying with the provisions of section 127(d) of this title and section 31112 of title 49. (b) (1) Each State shall submit to the Secretary such information as the Secretary shall, by regulation, require as necessary, in his opinion, to verify the certification of such State under subsection (b) of this section. (2) If a State fails to certify as required by subsection (b) of this section or if the Secretary determines that a State is not adequately enforcing all State laws respecting such maximum vehicle size and weights, notwithstanding such a certification, then Federal-aid highway funds apportioned to such State for such fiscal year shall be reduced by amounts equal to 10 per centum of the amount which would otherwise be apportioned to such State under section 104 of this title. (3) If within one year from the date that the apportionment for any State is reduced in accordance with paragraph (2) of this subsection the Secretary determines that such State is enforcing all State laws respecting maximum size and weights, the apportionment of such State shall be increased by an amount equal to such reduction. If the Secretary does not make such a determination within such one-year period, the amounts so withheld shall be reapportioned to all other eligible States. (c) The Secretary shall reduce the State’s apportionment of Federal-aid highway funds under section 104(b)(4) in an amount up to 25 per centum of the amount to be apportioned in any fiscal year beginning after September 30, 1984, during which heavy vehicles, subject to the use tax imposed by section 4481 of the Internal Revenue Code of 1986, may be lawfully registered in the State without having presented proof of payment, in such form as may be prescribed

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 by the Secretary of the Treasury, of the use tax imposed by section 4481 of such Code. Amounts withheld from apportionment to a State under this subsection shall be apportioned to the other States pursuant to the formulas of section 104(b)(4) and shall be available in the same manner and to the same extent as other Interstate funds apportioned at the same time to other States. TITLE 49— TRANSPORTATION Subtitle VI—Motor Vehicle and Driver Programs Part B—Commercial Chapter 311—Commercial Motor Vehicle Safety Subchapter II—Length and Width Limitations2 Sec. 31111. Length limitations (a) Definitions.—In this section, the following definitions apply: (1) Automobile transporter.—The term “automobile transporter” means any vehicle combination designed and used specifically for the transport of assembled highway vehicles, including truck camper units. (2) Maxi-cube vehicle.—The term “maxi-cube vehicle” means a truck tractor combined with a semitrailer and a separable property-carrying unit designed to be loaded and unloaded through the semitrailer, with the length of the separable property-carrying unit being not more than 34 ft and the length of the vehicle combination being not more than 65 ft. (3) Truck tractor.—The term “truck tractor” means— (A) A non-property-carrying power unit that operates in combination with a semitrailer or trailer; or (B) A power unit that carries as property only motor vehicles when operating in combination with a semitrailer in transporting motor vehicles. (b) General Limitations.— (1) Except as provided in this section, a state may not prescribe or enforce a regulation of commerce that— (A) Imposes a vehicle length limitation of less than 45 ft on a bus, of less than 48 ft on a semitrailer operating in a truck tractor-semitrailer combination, or of less than 28 ft on a semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination, on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways [except a segment exempted under subsection (f) of this section] and those classes of qualifying Federal-aid Primary System high-

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 ways designated by the Secretary of Transportation under subsection (e) of this section; (B) Imposes an overall length limitation on a commercial motor vehicle operating in a truck tractor-semitrailer or truck tractor-semitrailer-trailer combination; (C) Has the effect of prohibiting the use of a semitrailer or trailer of the same dimensions as those that were in actual and lawful use in that state on December 1, 1982; (D) Has the effect of prohibiting the use of an existing semitrailer or trailer, of not more than 28.5 ft in length, in a truck tractor-semitrailer-trailer combination if the semitrailer or trailer was operating lawfully on December 1, 1982, within a 65-ft overall length limit in any state; or (E) Imposes a limitation of less than 46 ft on the distance from the kingpin to the center of the rear axle on trailers used exclusively or primarily in connection with motorsports competition events. (2) A length limitation prescribed or enforced by a state under paragraph (1)(A) of this subsection applies only to a semitrailer or trailer and not to a truck tractor. (c) Maxi-Cube and Vehicle Combination Limitations.—A state may not prohibit a maxi-cube vehicle or a commercial motor vehicle combination consisting of a truck tractor and two trailing units on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways [except a segment exempted under subsection (f) of this section] and those classes of qualifying Federal-aid Primary System highways designated by the Secretary under subsection (e) of this section. (d) Exclusion of Safety and Energy Conservation Devices.—Length calculated under this section does not include a safety or energy conservation device the Secretary decides is necessary for safe and efficient operation of a commercial motor vehicle. However, such a device may not have by its design or use the ability to carry cargo. (e) Qualifying Highways.—The Secretary by regulation shall designate as qualifying Federal-aid Primary System highways those highways of the Federal-aid Primary System in existence on June 1, 1991, that can accommodate safely the applicable vehicle lengths provided in this section. (f) Exemptions.— (1) If the chief executive officer of a state, after consulting under paragraph (2) of this subsection, decides a segment of the

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section, the chief executive officer may notify the Secretary of that decision and request the Secretary to exempt that segment from either or both provisions. (2) Before making a decision under paragraph (1) of this subsection, the chief executive officer shall consult with units of local government in the state in which the segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is located and with the chief executive officer of any adjacent state that may be directly affected by the exemption. As part of the consultations, consideration shall be given to any potential alternative route that serves the area in which the segment is located and can safely accommodate a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section. (3) A chief executive officer’s notification under this subsection must include specific evidence of safety problems supporting the officer’s decision and the results of consultations about alternative routes. (4) (A) If the Secretary decides, on request of a chief executive officer or on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section, the Secretary shall exempt the segment from either or both of those provisions. Before making a decision under this paragraph, the Secretary shall consider any possible alternative route that serves the area in which the segment is located. (B) The Secretary shall make a decision about a specific segment not later than 120 days after the date of receipt of notification from a chief executive officer under paragraph (1) of this subsection or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary finds the decision will not be made in time, the Secretary immediately shall notify Congress, giv-

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 ing the reasons for the delay, information about the resources assigned, and the projected date for the decision. (C) Before making a decision, the Secretary shall give an interested person notice and an opportunity for comment. If the Secretary exempts a segment under this subsection before the final regulations under subsection (e) of this section are prescribed, the Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment after the final regulations are prescribed, the Secretary shall publish the exemption as an amendment to the final regulations. (g) Accommodating Specialized Equipment.—In prescribing regulations to carry out this section, the Secretary may make decisions necessary to accommodate specialized equipment, including automobile and vessel transporters and maxi-cube vehicles. Sec. 31112. Property-carrying unit limitation (a) Definitions.—In this section— (1) “Property-carrying unit” means any part of a commercial motor vehicle combination (except the truck tractor) used to carry property, including a trailer, a semitrailer, or the property-carrying section of a single unit truck. (2) The length of the property-carrying units of a commercial motor vehicle combination is the length measured from the front of the first property-carrying unit to the rear of the last property-carrying unit. (b) General Limitations.—A state may not allow by any means the operation, on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways and those classes of qualifying Federal-aid Primary System highways designated by the Secretary of Transportation under section 31111(e) of this title, of any commercial motor vehicle combination (except a vehicle or load that cannot be dismantled easily or divided easily and that has been issued a special permit under applicable state law) with more than one property-carrying unit (not including the truck tractor) whose property-carrying units are more than— (1) The maximum combination trailer, semitrailer, or other type of length limitation allowed by law or regulation of that state before June 2, 1991; or (2) The length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual, lawful operation on a regular or periodic basis (including continuing seasonal operation) in that state before June 2, 1991.

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 (c) Special Rules for Wyoming, Ohio, Alaska, and Iowa.—In addition to the vehicles allowed under subsection (b) of this section— (1) 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 the vehicle configurations comply with the single axle, tandem axle, and bridge formula limits in section 127(a) of title 23 and are not more than 117,000 lb GVW; (2) Ohio may allow the operation of commercial motor vehicle combinations with three property-carrying units of 28.5 ft each (not including the truck tractor) not in actual operation on June 1, 1991, to be operated in Ohio on the 1-mi segment of Ohio SR 7 that begins at and is south of exit 16 of the Ohio Turnpike; (3) Alaska may allow the operation of commercial motor vehicle combinations that were not in actual operation on June 1, 1991, but were in actual operation before July 6, 1991; and (4) Iowa may allow the operation on Interstate 29 between Sioux City, Iowa, and the border between Iowa and South Dakota or on Interstate 129 between Sioux City, Iowa, and the border between Iowa and Nebraska of commercial motor vehicle combinations with trailer length, semitrailer length, and property-carrying unit length allowed by law or regulation and in actual lawful operation on a regular or periodic basis (including continued seasonal operation) in South Dakota or Nebraska, respectively, before June 2, 1991. (d) Additional Limitations.— (1) A commercial motor vehicle combination whose operation in a state is not prohibited under subsections (b) and (c) of this section may continue to operate in the state on highways described in subsection (b) only if at least in compliance with all state laws, regulations, limitations, and conditions, including routing-specific and configuration-specific designations and all other restrictions in force in the state on June 1, 1991. However, subject to regulations prescribed by the Secretary under subsection (g)(2) of this section, 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. (2) This section does not prevent a state from further restricting in any way or prohibiting the operation of any commercial motor vehicle combination subject to this section, except that a restric-

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 tion or prohibition shall be consistent with this section and sections 31113(a) and (b) and 31114 of this title. (3) A state making a minor adjustment of a temporary and emergency nature as authorized by paragraph (1) of this subsection or further restricting or prohibiting the operation of a commercial motor vehicle combination as authorized by paragraph (2) of this subsection shall advise the Secretary not later than 30 days after the action. The Secretary shall publish a notice of the action in the Federal Register. (4) Nebraska may continue to allow to be operated under paragraphs (b)(1) and (b)(2) of this section, the state of Nebraska may allow longer combination vehicles that were not in actual operation on June 1, 1991 to be operated within its boundaries to transport sugar beets from the field where such sugar beets are harvested to storage, market, factory or stockpile or from stockpile to storage, market or factory. This provision shall expire on February 28, 1998. (e) List of State Length Limitations.— (1) Not later than February 16, 1992, each state shall submit to the Secretary for publication a complete list of state length limitations applicable to commercial motor vehicle combinations operating in the state on the highways described in subsection (b) of this section. The list shall indicate the applicable state laws and regulations associated with the length limitations. If a state does not submit the information as required, the Secretary shall complete and file the information for the state. (2) Not later than March 17, 1992, the Secretary shall publish an interim list in the Federal Register consisting of all information submitted under paragraph (1) of this subsection. The Secretary shall review for accuracy all information submitted by a state under paragraph (1) and shall solicit and consider public comment on the accuracy of the information. (3) A law or regulation may not be included on the list submitted by a state or published by the Secretary merely because it authorized, or could have authorized, by permit or otherwise, the operation of commercial motor vehicle combinations not in actual operation on a regular or periodic basis before June 2, 1991. (4) Except as revised under this paragraph or paragraph (5) of this subsection, the list shall be published as final in the Federal Register not later than June 15, 1992. In publishing the final list, the Secretary shall make any revisions necessary to correct inaccuracies identified under paragraph (2) of this subsection. After

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 publication of the final list, commercial motor vehicle combinations prohibited under subsection (b) of this section may not operate on the Dwight D. Eisenhower System of Interstate and Defense Highways and other Federal-aid Primary System highways designated by the Secretary except as published on the list. The list may be combined by the Secretary with the list required under section 127(d) of title 23. (5) On the Secretary’s own motion or on request by any person (including a state), the Secretary shall review the list published under paragraph (4) of this subsection. If the Secretary decides there is reason to believe a mistake was made in the accuracy of the list, the Secretary shall begin a proceeding to decide whether a mistake was made. If the Secretary decides there was a mistake, the Secretary shall publish the correction. (f) Limitations on Statutory Construction.—This section may not be construed— (1) To allow the operation on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways of a longer combination vehicle prohibited under section 127(d) of title 23; (2) To affect in any way the operation of a commercial motor vehicle having only one property-carrying unit; or (3) To affect in any way the operation in a state of a commercial motor vehicle with more than one property-carrying unit if the vehicle was in actual operation on a regular or periodic basis (including seasonal operation) in that state before June 2, 1991, that was authorized under state law or regulation or lawful state permit. (g) Regulations.— (1) In carrying out this section only, the Secretary shall define by regulation loads that cannot be dismantled easily or divided easily. (2) Not later than June 15, 1992, the Secretary shall prescribe regulations establishing criteria for a state to follow in making minor adjustments under subsection (d) of this section. Sec. 31113. Width limitations (a) General Limitations.— (1) Except as provided in subsection (e) of this section, a state (except Hawaii) may not prescribe or enforce a regulation of commerce that imposes a vehicle width limitation of more or less than 102 in, on a commercial motor vehicle operating on—

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 (A) A segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (e) of this section); (B) A qualifying Federal-aid highway designated by the Secretary of Transportation, with traffic lanes designed to be at least 12 ft wide; or (C) A qualifying Federal-aid Primary System highway designated by the Secretary if the Secretary decides the designation is consistent with highway safety. (2) Notwithstanding paragraph (1) of this subsection, a state may continue to enforce a regulation of commerce in effect on April 6, 1983, that applies to a commercial motor vehicle of more than 102 in. in width, until the date on which the state prescribes a regulation of commerce that complies with this subsection. (3) A Federal-aid highway (except an interstate highway) not designated under this subsection on June 5, 1984, may be designated under this subsection only with the agreement of the chief executive officer of the state in which the highway is located. (b) Exclusion of Safety and Energy Conservation Devices.—Width calculated under this section does not include a safety or energy conservation device the Secretary decides is necessary for safe and efficient operation of a commercial motor vehicle. (c) Special Use Permits.—A state may grant a special use permit to a commercial motor vehicle that is more than 102 in. in width. (d) State Enforcement.—Consistent with this section, a state may enforce a commercial motor vehicle width limitation of 102 in. on a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (e) of this section) or other qualifying Federal-aid highway designated by the Secretary. (e) Exemptions.— (1) If the chief executive officer of a state, after consulting under paragraph (2) of this subsection, decides a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having the width provided in subsection (a) of this section, the chief executive officer may notify the Secretary of that decision and request the Secretary to exempt that segment from subsection (a) to allow the state to impose a width limitation of less than 102 in. for a vehicle (except a bus) on that segment.

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 (2) Before making a decision under paragraph (1) of this subsection, the chief executive officer shall consult with units of local government in the state in which the segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is located and with the chief executive officer of any adjacent state that may be directly affected by the exemption. As part of the consultations, consideration shall be given to any potential alternative route that serves the area in which the segment is located and can safely accommodate a commercial motor vehicle having the width provided for in subsection (a) of this section. (3) A chief executive officer’s notification under this subsection must include specific evidence of safety problems supporting the officer’s decision and the results of consultations about alternative routes. (4) (A) If the Secretary decides, on request of a chief executive officer or on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a width provided in subsection (a) of this section, the Secretary shall exempt the segment from subsection (a) to allow the state to impose a width limitation of less than 102 in. for a vehicle (except a bus) on that segment. Before making a decision under this paragraph, the Secretary shall consider any possible alternative route that serves the area in which the segment is located. (B) The Secretary shall make a decision about a specific segment not later than 120 days after the date of receipt of notification from a chief executive officer under paragraph (1) of this subsection or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary finds the decision will not be made in time, the Secretary immediately shall notify Congress, giving the reasons for the delay, information about the resources assigned, and the projected date for the decision. (C) Before making a decision, the Secretary shall give an interested person notice and an opportunity for comment. If the Secretary exempts a segment under this subsection be-

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 fore the final regulations under subsection (a) of this section are prescribed, the Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment after the final regulations are prescribed, the Secretary shall publish the exemption as an amendment to the final regulations. Sec. 31114. Access to the Interstate System (a) Prohibition on Denying Access.—A state may not enact or enforce a law denying to a commercial motor vehicle subject to this subchapter or subchapter I of this chapter reasonable access between— (1) The Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under section 31111(f) or 31113(e) of this title) and other qualifying Federal-aid Primary System highways designated by the Secretary of Transportation; and (2) Terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers, motor carriers of passengers, or any truck tractor-semitrailer combination in which the semitrailer has a length of not more than 28.5 ft and that generally operates as part of a vehicle combination described in section 31111(c) of this title. (b) Exception.—This section does not prevent a state or local government from imposing reasonable restrictions, based on safety considerations, on a truck tractor-semitrailer combination in which the semitrailer has a length of not more than 28.5 ft and that generally operates as part of a vehicle combination described in section 31111(c) of this title. Sec. 31115. Enforcement On the request of the Secretary of Transportation, the Attorney General shall bring a civil action for appropriate injunctive relief to ensure compliance with this subchapter or subchapter I of this chapter. The action may be brought in a district court of the United States in any state in which the relief is required. On a proper showing, the court shall issue a temporary restraining order or preliminary or permanent injunction. An injunction under this section may order a state or person to comply with this subchapter, subchapter I, or a regulation prescribed under this subchapter or subchapter I.

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Regulation of Weights, Lengths, and Widths of Commercial Motor Vechicles: Special Report 267 NOTES 1.   From the U.S. Code Online via GPO Access (wais.access.gpo.gov). Laws in effect as of January 2, 2001. 2.   From the U.S. Code Online via GPO Access (wais.access.gpo.gov). Laws in effect as of January 6, 1999.