23 U.S.C. § 127 : US Code - Section 127: Vehicle weight limitations - Interstate System

Search 23 U.S.C. § 127 : US Code - Section 127: Vehicle weight limitations - Interstate System

(a) In General. -
(1) 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.
(2) 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 (----------- + 12N + 36)
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.
(3) 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)(2) of this title.
(4) 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.
(5) 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.
(6) With respect to the State of Colorado, vehicles designed to
carry 2 or more precast concrete panels shall be considered a
nondivisible load.
(7) 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.
(8) 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.
(9) 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.
(10) With respect to Interstate Routes 89, 93, and 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.
(11) 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.
(12) Heavy duty vehicles. -
(A) In general. - Subject to subparagraphs (B) and (C), in
order to promote reduction of fuel use and emissions because of
engine idling, the maximum gross vehicle weight limit and the
axle weight limit for any heavy-duty vehicle equipped with an
idle reduction technology shall be increased by a quantity
necessary to compensate for the additional weight of the idle
reduction system.
(B) Maximum weight increase. - The weight increase under
subparagraph (A) shall be not greater than 400 pounds.
(C) Proof. - On request by a regulatory agency or law
enforcement agency, the vehicle operator shall provide proof
(through demonstration or certification) that -
(i) the idle reduction technology is fully functional at
all times; and
(ii) the 400-pound gross weight increase is not used for
any purpose other than the use of idle reduction technology
described in subparagraph (A).
(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.