23 U.S.C. § 141 — Enforcement of requirements

submitted 51 years ago by Pub. L. 93-643 to r/title-23-HIGHWAYS · 423 words · no verdicts yet

in plain englishAI-generated · not legal advice

States must certify every year that they enforce federal vehicle size and weight limits on highways. If a state fails to certify or doesn't really enforce the limits, its highway funding gets cut — and funding is also cut if the state lets unregistered, untaxed heavy vehicles operate.

(a) Each state must certify to the Secretary before January 1 every year that it's enforcing state laws on maximum vehicle size and weight on the federal-aid highway systems, including the Interstate System, following section 127 of this title. States must also certify they're enforcing and complying with section 127(d) of this title and section 31112 of title 49. (b)(1) States must give the Secretary whatever information the Secretary requires by regulation to verify the certification. (2) If a state fails to certify, or if the Secretary decides — despite a certification — that the state isn't really enforcing the size and weight limits, the state's federal-aid highway funds for that fiscal year get cut by an amount equal to 7 percent of what it would otherwise receive under section 104(b)(1)-(6). (3) If, within one year of that cut, the Secretary decides the state is now enforcing the limits, the state's apportionment goes back up by the amount that was withheld. If the Secretary doesn't make that determination within the year, the withheld amount is instead reapportioned to the other eligible states. (c) The Secretary must cut a state's apportionment of highway funds under section 104(b)(1) by up to 8 percent, for any fiscal year after September 30, 1984, during which the state allows heavy vehicles subject to the section 4481 use tax to be lawfully registered without proof of paying that tax. Amounts withheld this way are apportioned to the other states under the section 104(b)(1) formulas, and are available the same way and to the same extent as other Interstate funds apportioned at the same time.

the actual law source: uscode.house.gov ↗public domain

(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 7 percent of the amount which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b).

(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)(1) in an amount up to 8 percent 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 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)(1) 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.

Source credit: (Added Pub. L. 93–643, § 107(a), Jan. 4, 1975, 88 Stat. 2284; amended Pub. L. 95–599, title I, § 123(d), Nov. 6, 1978, 92 Stat. 2702; Pub. L. 97–424, title I, § 143, Jan. 6, 1983, 96 Stat. 2129; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–240, title I, § 1023(c), Dec. 18, 1991, 105 Stat. 1954; Pub. L. 103–429, § 3(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–59, title II, § 205(d)(1)(A), Nov. 28, 1995, 109 Stat. 577; Pub. L. 105–178, title I, § 1103(l)(3)(C), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, § 1404(c), (d), July 6, 2012, 126 Stat. 558; Pub. L. 114–94, div. A, title I, § 1104(e)(5), Dec. 4, 2015, 129 Stat. 1332.)

history & why it existsrecord from the source credit

1975Enacted · Pub. L. 93-643 · 88 Stat. 2284
1978Amended · Pub. L. 95-599 · 92 Stat. 2702
1983Amended · Pub. L. 97-424 · 96 Stat. 2129
1986Amended · Pub. L. 99-514 · 100 Stat. 2095
1991Amended · Pub. L. 102-240 · 105 Stat. 1954
1994Amended · Pub. L. 103-429 · 108 Stat. 4378
1995Amended · Pub. L. 104-59 · 109 Stat. 577
1998Amended · Pub. L. 105-178 · 112 Stat. 126
2012Amended · Pub. L. 112-141 · 126 Stat. 558
2015Amended · Pub. L. 114-94 · 129 Stat. 1332

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-643 on 1975-01-04.

all 0 arguments · sorted by: best

no arguments yet — make the first case