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49 U.S.C. § 31113Width limitations

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 834 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets a maximum truck width of 102 inches on interstate and certain federal highways. States other than Hawaii cannot require a different width limit on those roads. States can still issue special permits and ask the Secretary to exempt unsafe segments.

(a) General Limitations. Except as allowed under (e), a state other than Hawaii cannot make or enforce a rule that sets a width limit other than exactly 102 inches for a commercial vehicle on: an interstate highway segment, unless exempted under (e); a qualifying federal-aid highway the Secretary designates, with lanes at least 12 feet wide; or a qualifying federal-aid highway the Secretary designates as consistent with highway safety. Despite that, a state can keep enforcing a width rule it already had in effect on April 6, 1983, for vehicles wider than 102 inches, until it adopts a new rule that follows this section. A federal-aid highway other than an interstate that was not already designated under this section by June 5, 1984, can only be added later with that state's chief executive agreeing to it. (b) Exclusion of Safety and Energy Conservation Devices. When measuring width, you do not count a safety or energy-saving device the Secretary decides is necessary for safe, efficient operation. (c) Special Use Permits. A state can issue a special permit letting a commercial vehicle wider than 102 inches operate. (d) State Enforcement. Consistent with this section, a state can enforce the 102-inch width limit on interstate segments, except exempted ones, or other qualifying federal-aid highways the Secretary designates. (e) Exemptions. A state's chief executive, after consulting local governments and any affected neighboring state about possible alternate routes, can ask the Secretary to exempt an interstate segment from the 102-inch rule, allowing a narrower limit — but not for buses — on that segment, if it cannot safely handle 102-inch-wide vehicles. The request needs specific safety evidence and a description of the consultations. The Secretary — from a request or on the Secretary's own initiative — must grant the exemption after considering alternate routes, if the Secretary agrees the segment cannot safely handle it. The Secretary must decide within 120 days of the request or of starting the review, whichever applies; if the deadline will be missed, the Secretary must tell Congress why, what resources are assigned, and the expected decision date. The Secretary must give the public notice and a chance to comment before deciding. An exemption granted before the final regulations under (a) are issued gets folded into those regulations; one granted afterward gets published as an amendment.
the actual law source: uscode.house.gov ↗public domain
(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 inches on a commercial motor vehicle operating on—

(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 feet 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 inches 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 inches in width.

(d)State Enforcement.—

Consistent with this section, a State may enforce a commercial motor vehicle width limitation of 102 inches 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 inches for a vehicle (except a bus) on that segment.

(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 inches 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 before 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.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 997.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 997

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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