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23 U.S.C. § 127Vehicle weight limitations—Interstate System

submitted 68 years ago by Pub. L. 85-767 to r/title-23-HIGHWAYS · 4,634 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law limits how much weight trucks can carry on Interstate highways. States that allow heavier trucks lose half their federal highway money for that year. It sets a base formula, then lists many exceptions for specific states, routes, and vehicles.

(a) In General. (1) The federal government must cut a state's highway funding in half for a fiscal year if the state lets trucks use the Dwight D. Eisenhower System of Interstate and Defense Highways while weighing more than these limits: 20,000 pounds on any one axle (counting enforcement tolerances), 34,000 pounds on a tandem axle (counting tolerances), or, for combination vehicles with five or more axles, a gross weight of at least 80,000 pounds. (2) A state's maximum allowed weight for Interstate vehicles is: 20,000 pounds on one axle (with tolerances), 34,000 pounds on a tandem axle (with tolerances), and an overall weight for any group of two or more consecutive axles set by a formula. The formula uses three values: W is the allowed overall weight for the axle group, rounded to the nearest 500 pounds; L is the distance in feet between the first and last axle in the group; and N is the number of axles in the group. The statutory text of the exact equation is garbled by OCR artifacts, but it works by taking the 500-pound unit, applying it across the axle spacing (L) and axle count (N), and adding a fixed allowance based on N — the larger the axle group and the more spread out it is, the more weight it can carry. There is one exception to this formula: two separate tandem-axle sets can each carry 34,000 pounds if the distance between the first and last axle of the two sets is either 36 feet or more, or (for a vehicle hauling a tank trailer, dump trailer, or ocean transport container before September 1, 1989) 30 feet or more. Even so, the overall gross weight can never exceed 80,000 pounds (with tolerances), except for: vehicles on Interstate 29 between Sioux City, Iowa and the Iowa–South Dakota border, or on Interstate 129 between Sioux City and the Iowa–Nebraska border; vehicles and loads that can't easily be taken apart or divided and that have a special state permit; or vehicles that could legally use that state's public highways under the state's own weight laws in effect on July 1, 1956 (or, for axle-group weight specifically, laws in effect on the date the Federal-Aid Highway Amendments of 1974 were enacted) — whichever of these produces the higher allowed weight. This 1956-law exception does not apply to a vehicle made up of a motor vehicle hauling a tank trailer, dump trailer, or ocean transport container on or after September 1, 1989. (3) If money is withheld from a state's apportionment under this subsection and never released and spent within the availability period set in section 118(b), that withheld money is lost for good (it lapses). (4) This section does not block funding to a state that allows other vehicles or combinations — besides the "longer combination vehicles" covered by subsection (d) — that the state determines could legally operate there on July 1, 1956 (or, for axle-group weight, on the date the Federal-Aid Highway Amendments of 1974 were enacted). (5)–(11) A series of state-specific baseline dates and rules replace the general July 1, 1956 date or add extra allowances: Hawaii uses its laws as of February 1, 1960. Colorado treats a vehicle built to carry two or more precast concrete panels as carrying a load that can't be divided. Michigan uses its laws as of May 1, 1982. Maryland uses its laws as of June 1, 1993. Louisiana may issue special permits letting sugarcane-hauling vehicles weigh up to 100,000 pounds during harvest season, for no more than 100 days a year. On Interstate Routes 89, 93, and 95 in New Hampshire: (A) the state's own weight laws for non-Interstate highways, as they stood on January 1, 1987, apply instead of this subsection's normal limits; and (B) starting June 30, 2016, a truck-tractor and dump-trailer combination with 6 or more axles may weigh up to 99,000 pounds if the distance between its outermost axles (not counting the steering axle) is 28 feet or more. On all Interstate highways in Maine, and separately in Vermont, each state's own weight laws for its other state highways apply instead of this subsection's normal limits. (12) Heavy-duty vehicles. A heavy-duty vehicle equipped with technology that lets its engine idle without wasting fuel or adding emissions may weigh more than the normal gross-vehicle and axle limits, by whatever extra weight the idle-reduction equipment adds — up to a maximum increase of 550 pounds. If a regulator or law-enforcement officer asks, the vehicle's operator must prove (by showing the equipment or by certifying) that the idle-reduction technology works at all times, and that the extra 550 pounds isn't being used to carry anything else. (13) A vehicle carrying fluid milk products is treated as carrying a load that can't easily be taken apart or divided, which affects which special-permit exceptions apply to it. (b) Reasonable Access. No state may pass or enforce a law that denies covered trucks reasonable access between the Interstate System and nearby terminals and facilities for food, fuel, repairs, and rest. (c) Ocean Transport Container Defined. For this section, "ocean transport container" means the same thing as "freight container" in the International Standards Organization's Series 1, Freight Containers, 3rd Edition (reference IS0668-1979(E)), as that definition stood when this subsection became law. (d) Longer Combination Vehicles. (1) Prohibition. (A) A "longer combination vehicle" (defined in paragraph (4)) may keep operating only if that vehicle configuration was authorized by state law or regulation consistent with this section and was actually, regularly (including seasonally) in lawful operation on or before June 1, 1991 — or was authorized under a specific 1991 appropriations law provision. (B) All such operations stay subject to at least the state statutes, regulations, limits, and conditions — including route- and configuration-specific rules — that were in force on June 1, 1991. A state may make minor, temporary, emergency adjustments to routes and operating restrictions for safety or road-construction reasons, but only under regulations the Secretary issues under paragraph (5). (C) Wyoming may additionally allow vehicle configurations that weren't running on June 1, 1991 but were authorized by state law by November 3, 1992, as long as they meet the single-axle, tandem-axle, and bridge-formula limits in subsection (a) and don't exceed 117,000 pounds gross weight. (D) Ohio may additionally allow longer combination vehicles with three 28½-foot cargo units (not counting the truck tractor) that weren't running on June 1, 1991, but only on a specific one-mile stretch of Ohio State Route 7 south of exit 16 of the Ohio Turnpike. (E) Alaska may additionally allow longer combination vehicles that weren't running on June 1, 1991, as long as they were running before July 5, 1991. (F) Iowa may additionally allow longer combination vehicles that weren't running on June 1, 1991, on Interstate 29 (Sioux City to the South Dakota border) or Interstate 129 (Sioux City to the Nebraska border). (2) Additional state restrictions. (A) States remain free to further restrict or ban longer combination vehicles beyond what this subsection allows, as long as any such restriction or ban is consistent with 49 U.S.C. §§ 31111–31114. (B) A state that further restricts or bans these vehicles, or that makes a minor temporary emergency adjustment under the Secretary's regulations, must tell the Secretary within 30 days; the Secretary then publishes notice of that action in the Federal Register. (3) Publication of list. (A) Within 60 days of this subsection becoming law, each state had to send the Secretary, for publication in the Federal Register, a complete list of every longer-combination-vehicle operation running as of June 1, 1991 under state law, along with all limits and conditions governing such vehicles and copies of the underlying statutes and regulations. (B) Within 90 days, the Secretary had to publish an interim list of everything submitted, review it for accuracy, and take public comment on its accuracy. (C) A statute or regulation could not be included on a state's or the Secretary's list just because it theoretically could have authorized (by permit or otherwise) longer combination vehicles that weren't actually, regularly running on or before June 1, 1991. (D) Except as changed under paragraph (1)(C) for Wyoming, the Secretary had to publish a final list in the Federal Register within 180 days, fixing any inaccuracies found through the comment process. After that final list was published, longer combination vehicles can only operate on the Interstate System as the list allows. (E) The Secretary, on the Secretary's own initiative or at anyone's request (including a state's), can review the final list. If the Secretary finds reason to believe it contains a mistake, the Secretary must start a process to decide whether to correct it, and must correct the list if a mistake is confirmed. (4) "Longer combination vehicle" means a combination of a truck tractor and two or more trailers or semitrailers that operates on the Interstate System at a gross weight over 80,000 pounds. (5) Within 180 days of this subsection becoming law, the Secretary had to issue regulations setting the criteria states must follow when making minor adjustments under paragraph (1)(B). (e) Certain vehicles on Interstate 68 in Maryland. The single-axle, tandem-axle, and bridge-formula limits in subsection (a) do not apply, on Interstate 68 in Garrett and Allegany Counties, Maryland, to a specialized vehicle with a steering axle and a tridem axle that hauls coal, logs, or pulpwood — if that type of vehicle was already operating there on U.S. Route 40 or 48 for that purpose on August 1, 1991. (f) Certain vehicles on a Wisconsin highway. If a described 104-mile stretch of Wisconsin State Route 78 and U.S. Route 51 (between Interstate 94 near Portage and Wisconsin State Route 29 south of Wausau) becomes part of the Interstate System, this section's axle-weight, gross-weight, and bridge-formula limits do not apply on that stretch to any vehicle that could have legally operated there before this subsection became law. (g) Certain vehicles on a Pennsylvania highway. If the stretch of U.S. Route 220 between Bedford and Bald Eagle, Pennsylvania becomes part of the Interstate System, the same limits do not apply on that stretch to vehicles that could have legally operated there before this subsection became law. (h) Emergency waiver for a Maine route. (1) Working with the Secretary of Defense, the Secretary may waive or limit any weight limit under this section on Interstate 95 in Maine between Augusta and Bangor, so bulk jet fuel can be shipped to the Air National Guard Base at Bangor International Airport during a national emergency, to help respond to that emergency. (2) Any weight limit the Secretary sets this way overrides any conflicting state weight limit. (i) Special permits during national emergencies. (1) A state may issue special permits to overweight vehicles carrying loads that can be taken apart or divided, if: (A) the President has declared the emergency a major disaster under the Stafford Act; (B) the state issues the permits under its own law; and (C) the permits go only to vehicles delivering relief supplies. (2) Any such permit expires no later than 120 days after the disaster was declared. (j) Certain vehicles on other Wisconsin highways. If part of the U.S. Route 41 corridor described in a specific 1991 federal transportation law is designated part of the Interstate System, a vehicle that could legally operate there before that designation may keep operating there, regardless of subsection (a). (k) Certain vehicles on a Mississippi highway. If the stretch of U.S. Route 78 in Mississippi from mile marker 0 to mile marker 113 becomes part of the Interstate System, no limit under this section applies on that stretch to a vehicle that could legally have operated there before that designation. (l) Certain vehicles on Kentucky highways. (1)–(2) If either of two described highway segments — Interstate 69 (formerly the Wendell H. Ford Western Kentucky Parkway) from its Interstate 24 interchange to the Pennyrile Parkway interchange, or the Pennyrile Parkway itself, planned as future Interstate 69 — becomes part of the Interstate System, a vehicle that could legally operate there before that designation may keep operating, regardless of subsection (a). (3)(A) The same rule applies to five more described Kentucky parkway segments (the Natcher Parkway, the Purchase Parkway, the Western Kentucky Parkway, a Pennyrile Parkway spur, and the Nunn Cumberland Expressway), except that vehicles using this exception cannot exceed 120,000 pounds gross weight. (B) That 120,000-pound cap does not stop a state from issuing a normal nondivisible-load permit allowing a heavier vehicle. (m) Covered heavy-duty tow and recovery vehicles. This section's weight limits do not apply to a tow truck that (1) is moving a disabled vehicle from where it broke down to the closest suitable repair shop, and (2) itself weighs at least as much as the disabled vehicle it's towing. (n) Certain vehicles on Texas highways. If any segment of U.S. Route 59, 77, 281, 84, Texas State Highway 44, or another Texas road becomes designated as Interstate 69, a vehicle that could legally operate on that segment before the designation may keep operating there, regardless of any requirement of this section. (o) Certain logging vehicles in Wisconsin. (1) The Secretary must waive this section's weight limits for a "covered logging vehicle." (2) That means a vehicle that: (A) carries raw or unfinished forest products (logs, pulpwood, biomass, or wood chips); (B) weighs no more than 98,000 pounds; (C) has at least 6 axles; and (D) operates on Interstate 39 in Wisconsin between mile markers 175.8 and 189. (p) Certain vehicles on an Arkansas highway. If the stretch of U.S. Route 63 in Arkansas between the exits for Highways 14 and 75 becomes part of the Interstate System, this section's axle-weight, gross-weight, and bridge-formula limits — and the vehicle-width limit in 49 U.S.C. § 31113(a) — do not apply on that stretch to a vehicle that could legally have operated there before the designation. (q) Certain logging vehicles in Minnesota. Same rule as Wisconsin's in subsection (o), except the weight cap is 99,000 pounds and the covered stretch is Interstate 35 in Minnesota between mile markers 235.4 and 259.552. (r) Emergency vehicles. (1) A state cannot enforce, against an emergency vehicle, a weight limit (up to a maximum gross weight of 86,000 pounds) below: (A) 24,000 pounds on a single steering axle; (B) 33,500 pounds on a single drive axle; (C) 62,000 pounds on a tandem axle; or (D) 52,000 pounds on a tandem rear-drive steer axle. (2) "Emergency vehicle" means one built for emergency use, to carry personnel and equipment and to help fight fires or handle other hazardous situations. (s) Natural gas and electric battery vehicles. A vehicle powered mainly by natural gas or by electric battery may exceed this section's power-unit weight limit by up to 2,000 pounds, up to a maximum gross weight of 82,000 pounds. (t) Vehicles in Idaho. A vehicle that this section would otherwise limit or bar from an Idaho Interstate segment may operate there if it: (1) weighs 129,000 pounds or less; (2) otherwise (apart from gross weight) meets the single-axle, tandem-axle, and bridge-formula limits in subsection (a); and (3) is authorized to operate there under Idaho law. (u) Vehicles in North Dakota. The same three-part rule as Idaho's applies in North Dakota: 129,000-pound cap, compliance with the other axle and bridge-formula limits, and authorization under North Dakota law. (v) Certain vehicles on North Carolina highways. If any segment of U.S. Route 17, 29, 52, 64, 70, 74, 117, 220, 264, or 421 in North Carolina becomes designated part of the Interstate System, a vehicle that could legally operate on that segment before the designation may keep operating there, regardless of subsection (a). (w) Certain vehicles on an Oklahoma highway. If the highway segment described in a specific paragraph of a 1991 federal transportation law becomes designated part of the Interstate System, a vehicle that could legally operate there before the designation may keep operating there, regardless of any requirement of this section. (x) Certain agricultural vehicles in Mississippi. (1) Mississippi may issue special permits letting a "covered agricultural vehicle" operate on its Interstate System up to: (A) 88,000 pounds gross weight; and (B) 110 percent of the maximum axle or axle-group weight allowed under subsection (a)(2), including enforcement tolerances. (2) A "covered agricultural vehicle" is one hauling unprocessed food, feed, or fiber crops, or raw or unfinished forest products such as logs, pulpwood, biomass, or wood chips. (y) Certain vehicles in West Virginia. (1) West Virginia may issue special permits letting a vehicle hauling "materials and equipment" operate on its Interstate System up to 110 percent of the maximum axle or axle-group weight allowed under subsection (a)(2), including enforcement tolerances — as long as the vehicle still meets subsection (a)'s other gross-weight requirements. (2) "Materials and equipment" means materials and equipment used on a highway project that qualifies for funding under this title (title 23).
the actual law source: uscode.house.gov ↗public domain
(a)In General.—
(1)

The Secretary shall withhold 50 percent of the apportionment of a State under section 104(b)(1) in any fiscal year in which the State 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 AXXXXX+12N+36B

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).

(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—

(A)

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; and

(B)

effective June 30, 2016, a combination of truck-tractor and dump trailer equipped with 6 axles or more with a gross weight of up to 99,000 pounds shall be permitted if the distances between the extreme axles, excluding the steering axle, is 28 feet or more.

(11)
(A)

With respect to all portions of the Interstate Highway System in the State of Maine, laws (including regulations) of that State concerning vehicle weight limitations applicable to other State highways shall be applicable in lieu of the requirements under this subsection.

(B)

With respect to all portions of the Interstate Highway System in the State of Vermont, laws (including regulations) of that State concerning vehicle weight limitations applicable to other State highways shall be applicable in lieu of the requirements under 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 550 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 550-pound gross weight increase is not used for any purpose other than the use of idle reduction technology described in subparagraph (A).

(13)Milk products.—

A vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided.

(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 28½ 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.

(i)Special Permits During Periods of National Emergency.—
(1)In general.—

Notwithstanding any other provision of this section, a State may issue special permits during an emergency to overweight vehicles and loads that can easily be dismantled or divided if—

(A)

the President has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);

(B)

the permits are issued in accordance with State law; and

(C)

the permits are issued exclusively to vehicles and loads that are delivering relief supplies.

(2)Expiration.—

A permit issued under paragraph (1) shall expire not later than 120 days after the date of the declaration of emergency under subparagraph (A) of that paragraph.

(j)Operation of Vehicles on Certain Other Wisconsin Highways.—

If any segment of the United States Route 41 corridor, as described in section 1105(c)(57) of the Intermodal Surface Transportation Efficiency Act of 1991, is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a).

(k)Operation of Vehicles on Certain Mississippi Highways.—

If any segment of United States Route 78 in Mississippi from mile marker 0 to mile marker 113 is designated as part of the Interstate System, no limit established under this section may apply to that segment with respect to the operation of any vehicle that could have legally operated on that segment before such designation.

(l)Operation of Vehicles on Certain Kentucky Highways.—
(1)In general.—

If any segment of highway described in paragraph (2) is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a).

(2)Description of highway segments.—

The highway segments referred to in paragraph (1) are as follows:

(A)

Interstate Route 69 in Kentucky (formerly the Wendell H. Ford (Western Kentucky) Parkway) from the Interstate Route 24 Interchange, near Eddyville, to the Edward T. Breathitt (Pennyrile) Parkway Interchange.

(B)

The Edward T. Breathitt (Pennyrile) Parkway (to be designated as Interstate Route 69) in Kentucky from the Wendell H. Ford (Western Kentucky) Parkway Interchange to near milepost 77, and on new alignment to an interchange on the Audubon Parkway, if the segment is designated as part of the Interstate System.

(3)Additional highway segments.—
(A)In general.—

If any segment of highway described in clauses (i) through (v) is designated as a route of the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a), except that such vehicle shall not exceed a gross vehicle weight of 120,000 pounds. The highway segments referred to in this paragraph are as follows:

(i)

The William H. Natcher Parkway (to be designated as a spur of Interstate Route 65) from Interstate Route 65 in Bowling Green, Kentucky, to United States Route 60 in Owensboro, Kentucky.

(ii)

The Julian M. Carroll (Purchase) Parkway (to be designated as Interstate Route 69) in Kentucky from the Tennessee state line to the interchange with Interstate Route 24, near Calvert City.

(iii)

The Wendell H. Ford (Western Kentucky) Parkway (to be designated as a spur of Interstate Route 69) from the interchange with the William H. Natcher Parkway in Ohio County, Kentucky, west to the interchange of the Western Kentucky Parkway with the Edward T. Breathitt (Pennyrile) Parkway.

(iv)

The Edward T. Breathitt (Pennyrile) Parkway (to be designated as a spur of Interstate Route 69) from Interstate 24, north to Interstate 69.

(v)

The Louie B. Nunn Cumberland Expressway (to be designated as a spur of Interstate Route 65) from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky.

(B)Nondivisible load or vehicle.—

Nothing in this paragraph shall prohibit the State from issuing a permit for a nondivisible load or vehicle with a gross vehicle weight that exceeds 120,000 pounds.

(m)Covered Heavy-duty Tow and Recovery Vehicles.—
(1)In general.—

The vehicle weight limitations set forth in this section do not apply to a covered heavy-duty tow and recovery vehicle.

(2)Covered heavy-duty tow and recovery vehicle defined.—

In this subsection, the term “covered heavy-duty tow and recovery vehicle” means a vehicle that—

(A)

is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and

(B)

has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.

(n)Operation of Vehicles on Certain Highways in the State of Texas.—

If any segment in the State of Texas of United States Route 59, United States Route 77, United States Route 281, United States Route 84, Texas State Highway 44, or another roadway is designated as Interstate Route 69, a vehicle that could operate legally on that segment before the date of the designation may continue to operate on that segment, without regard to any requirement under this section.

(o)Certain Logging Vehicles in the State of Wisconsin.—
(1)In general.—

The Secretary shall waive, with respect to a covered logging vehicle, the application of any vehicle weight limit established under this section.

(2)Covered logging vehicle defined.—

In this subsection, the term “covered logging vehicle” means a vehicle that—

(A)

is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips;

(B)

has a gross vehicle weight of not more than 98,000 pounds;

(C)

has not less than 6 axles; and

(D)

is operating on a segment of Interstate Route 39 in the State of Wisconsin from mile marker 175.8 to mile marker 189.

(p)Operation of Certain Specialized Vehicles on Certain Highways in the State of Arkansas.—

If any segment of United States Route 63 between the exits for highways 14 and 75 in the State of Arkansas is designated as part of the Interstate System, the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits under subsection (a) and the width limitation under section 31113(a) of title 49 shall not apply to that segment with respect to the operation of any vehicle that could operate legally on that segment before the date of the designation.

(q)Certain Logging Vehicles in the State of Minnesota.—
(1)In general.—

The Secretary shall waive, with respect to a covered logging vehicle, the application of any vehicle weight limit established under this section.

(2)Covered logging vehicle defined.—

In this subsection, the term “covered logging vehicle” means a vehicle that—

(A)

is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips;

(B)

has a gross vehicle weight of not more than 99,000 pounds;

(C)

has not less than 6 axles; and

(D)

is operating on a segment of Interstate Route 35 in the State of Minnesota from mile marker 235.4 to mile marker 259.552.

(r)Emergency Vehicles.—
(1)In general.—

Notwithstanding subsection (a), a State shall not enforce against an emergency vehicle a vehicle weight limit (up to a maximum gross vehicle weight of 86,000 pounds) of less than—

(A)

24,000 pounds on a single steering axle;

(B)

33,500 pounds on a single drive axle;

(C)

62,000 pounds on a tandem axle; or

(D)

52,000 pounds on a tandem rear drive steer axle.

(2)Emergency vehicle defined.—

In this subsection, the term “emergency vehicle” means a vehicle designed to be used under emergency conditions—

(A)

to transport personnel and equipment; and

(B)

to support the suppression of fires and mitigation of other hazardous situations.

(s)Natural Gas and Electric Battery Vehicles.—

A vehicle, if operated by an engine fueled primarily by natural gas or powered primarily by means of electric battery power, may exceed the weight limit on the power unit by up to 2,000 pounds (up to a maximum gross vehicle weight of 82,000 pounds) under this section.

(t)Vehicles in Idaho.—

A vehicle limited or prohibited under this section from operating on a segment of the Interstate System in the State of Idaho may operate on such a segment if such vehicle–

(1)

has a gross vehicle weight of 129,000 pounds or less;

(2)

other than gross vehicle weight, complies with the single axle, tandem axle, and bridge formula limits set forth in subsection (a); and

(3)

is authorized to operate on such segment under Idaho State law.

(u)Vehicles in North Dakota.—

A vehicle limited or prohibited under this section from operating on a segment of the Interstate System in the State of North Dakota may operate on such a segment if such vehicle—

(1)

has a gross vehicle weight of 129,000 pounds or less;

(2)

other than gross vehicle weight, complies with the single axle, tandem axle, and bridge formula limits set forth in subsection (a); and

(3)

is authorized to operate on such segment under North Dakota State law.

(v)Operation of Vehicles on Certain North Carolina Highways.—

If any segment in the State of North Carolina of United States Route 17, United States Route 29, United States Route 52, United States Route 64, United States Route 70, United States Route 74, United States Route 117, United States Route 220, United States Route 264, or United States Route 421 is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a).

(w)Operation of Vehicles on Certain Oklahoma Highways.—

If any segment of the highway referred to in paragraph (96) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2032) is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without any regard to any requirement under this section.

(x)Certain agricultural vehicles in the state of mississippi.—
(1)In general.—

The State of Mississippi may allow, by special permit, the operation of a covered agricultural vehicle on the Interstate System in the State of Mississippi if such vehicle does not exceed—

(A)

a gross vehicle weight of 88,000 pounds; and

(B)

110 percent of the maximum weight on any axle or axle group described in subsection (a)(2), including any enforcement tolerance.

(2)Covered agricultural vehicle defined.—

In this subsection, the term “covered agricultural vehicle” means a vehicle that is transporting unprocessed agricultural crops used for food, feed or fiber, or raw or unfinished forest products, including logs, pulpwood, biomass or wood chips.

(y)Operation of Certain Vehicles in West Virginia.—
(1)In general.—

The State of West Virginia may allow, by special permit, the operation of a vehicle that is transporting materials and equipment on the Interstate System in the State of West Virginia if such vehicle does not exceed 110 percent of the maximum weight on any axle or axle group described in subsection (a)(2), including any enforcement tolerance, provided the remaining gross vehicle weight requirements of subsection (a) are met.

(2)Definition.—

In this subsection, the term “materials and equipment” means materials and equipment that are used on a project eligible under this chapter.

Source credit: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86–624, § 17(e), July 12, 1960, 74 Stat. 416; Pub. L. 93–643, § 106, Jan. 4, 1975, 88 Stat. 2283; Pub. L. 94–280, title I, § 120, May 5, 1976, 90 Stat. 438; Pub. L. 97–424, title I, § 133, formerly § 133(a), Jan. 6, 1983, 96 Stat. 2123, renumbered § 133, Pub. L. 100–17, title I, § 133(a)(3), Apr. 2, 1987, 101 Stat. 170; Pub. L. 100–17, title I, § 119, Apr. 2, 1987, 101 Stat. 157; Pub. L. 100–202, § 101(l) [title III, § 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, § 1023(a), (b), (d), Dec. 18, 1991, 105 Stat. 1951, 1952, 1954; Pub. L. 103–331, title III, § 332, Sept. 30, 1994, 108 Stat. 2493; Pub. L. 103–429, § 3(3), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104–59, title III, § 312(a)(1), (2), (b), Nov. 28, 1995, 109 Stat. 584; Pub. L. 104–88, title IV, §§ 404, 405(a)(1), Dec. 29, 1995, 109 Stat. 956; Pub. L. 105–178, title I, §§ 1106(c)(2)(B), 1212(d)(1), June 9, 1998, 112 Stat. 136, 194; Pub. L. 107–107, div. A, title X, § 1064, Dec. 28, 2001, 115 Stat. 1233; Pub. L. 108–447, div. J, title I, § 121, Dec. 8, 2004, 118 Stat. 3347; Pub. L. 109–58, title VII, § 756(c), Aug. 8, 2005, 119 Stat. 832; Pub. L. 109–59, title I, § 1111(b)(3), Aug. 10, 2005, 119 Stat. 1171; Pub. L. 111–117, div. A, title I, § 194(a), (c), (d), (f), Dec. 16, 2009, 123 Stat. 3072, 3073; Pub. L. 112–55, div. C, title I, § 125, Nov. 18, 2011, 125 Stat. 655; Pub. L. 112–141, div. A, title I, §§ 1404(a), 1510, 1511, July 6, 2012, 126 Stat. 557, 567; Pub. L. 113–235, div. K, title I, § 125, Dec. 16, 2014, 128 Stat. 2709; Pub. L. 114–94, div. A, title I, §§ 1409, 1410, 1446(a)(3), Dec. 4, 2015, 129 Stat. 1411, 1437; Pub. L. 114–113, div. L, title I, § 124, Dec. 18, 2015, 129 Stat. 2847; Pub. L. 115–141, div. L, title I, §§ 127, 129A, Mar. 23, 2018, 132 Stat. 988; Pub. L. 116–6, div. G, title IV, §§ 421, 422, Feb. 15, 2019, 133 Stat. 474; Pub. L. 116–94, div. H, title IV, § 425(a), Dec. 20, 2019, 133 Stat. 3018; Pub. L. 117–58, div. A, title I, § 11515, Nov. 15, 2021, 135 Stat. 599; Pub. L. 118–42, div. F, title IV, § 425, Mar. 9, 2024, 138 Stat. 395.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-767 · 72 Stat. 902
  • 1960Amended · Pub. L. 86-624 · 74 Stat. 416
  • 1975Amended · Pub. L. 93-643 · 88 Stat. 2283
  • 1976Amended · Pub. L. 94-280 · 90 Stat. 438
  • 1983Amended · Pub. L. 97-424 · 96 Stat. 2123
  • 1987Amended · Pub. L. 100-17 · 101 Stat. 157
  • 1987Amended · Pub. L. 100-202 · 101 Stat. 1329
  • 1990Amended · Pub. L. 101-427 · 104 Stat. 927
  • 1991Amended · Pub. L. 102-240 · 105 Stat. 1951, 1952, 1954
  • 1994Amended · Pub. L. 103-331 · 108 Stat. 2493
  • 1994Amended · Pub. L. 103-429 · 108 Stat. 4377
  • 1995Amended · Pub. L. 104-59 · 109 Stat. 584
  • 1995Amended · Pub. L. 104-88 · 109 Stat. 956
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 136, 194
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1233
  • 2004Amended · Pub. L. 108-447 · 118 Stat. 3347
  • 2005Amended · Pub. L. 109-58 · 119 Stat. 832
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1171
  • 2009Amended · Pub. L. 111-117 · 123 Stat. 3072, 3073
  • 2011Amended · Pub. L. 112-55 · 125 Stat. 655
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 557, 567
  • 2014Amended · Pub. L. 113-235 · 128 Stat. 2709
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1411, 1437
  • 2015Amended · Pub. L. 114-113 · 129 Stat. 2847
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 988
  • 2019Amended · Pub. L. 116-6 · 133 Stat. 474
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 3018
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 599
  • 2024Amended · Pub. L. 118-42 · 138 Stat. 395

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-767 on 1958-08-27.

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