49 U.S.C. § 31112 — Property-carrying unit limitation

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 1,588 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law limits how many cargo-carrying units a truck combination can pull on interstate highways. States generally cannot allow longer combinations than what was legal there before June 1991. Seven states get special extra allowances listed by name.

(a) Definitions. A "property-carrying unit" is any part of a commercial vehicle combination, other than the truck tractor, that carries cargo — like a trailer, semitrailer, or the cargo section of a single-unit truck. It does not include a trailer or semitrailer being carried as part of a towaway trailer transporter combination, as defined in section 31111(a). The length of a combination's property-carrying units is measured from the front of the first one to the back of the last one. (b) General Limitations. On the interstate highway system and the qualifying federal-aid highways the Secretary designates under section 31111(e), a state cannot allow a commercial vehicle combination — other than one carrying an item that cannot easily be taken apart or divided, under a special state permit — to have more than one property-carrying unit longer than: whatever the maximum combination length that state's law or regulation allowed before June 2, 1991; or the length of that specific vehicle configuration that was actually and legally operating on a regular or seasonal basis in that state before June 2, 1991. (c) Special Rules for Wyoming, Ohio, Alaska, Iowa, Nebraska, Kansas, and Oregon. On top of what (b) allows, seven states get extra permission. Wyoming can allow new vehicle configurations authorized by state law by November 3, 1992, as long as they follow the federal axle and bridge-formula weight limits and do not exceed 117,000 pounds gross weight. Ohio can allow combinations with three 28.5-foot property-carrying units on a specific one-mile stretch of Ohio State Route 7 near the Ohio Turnpike. Alaska can allow combinations that were operating before July 6, 1991, even if not yet operating by June 1, 1991. Iowa can allow, on specific stretches of Interstate 29 and Interstate 129 near Sioux City, combinations matching whatever trailer and property-carrying-unit lengths South Dakota or Nebraska legally allowed before June 2, 1991. Nebraska and Kansas can allow a truck tractor with two trailers or semitrailers, up to 81 feet 6 inches of property-carrying-unit length, but only to move custom harvesting equipment for wheat, soybean, or milo harvests during those harvest seasons. Oregon can allow a truck tractor with two property-carrying units up to 82 feet 8 inches long, but only to haul sugar beets, and only on specific highways — US Route 20, 26, 30, or Oregon Route 201 — near Vale, Ontario, or Nyssa, Oregon. (d) Additional Limitations. A combination allowed to operate under (b) and (c) can keep operating in a state only if it also follows every other state law, regulation, and restriction — including specific routes and configurations — that was in force on June 1, 1991. A state can still make minor, temporary, emergency adjustments to those routes or restrictions for safety or road construction reasons, following rules the Secretary sets under (g)(2). This section does not stop a state from further restricting or banning these combinations in other ways, as long as any restriction stays consistent with this section and with sections 31113(a), 31113(b), and 31114. If a state makes a minor temporary adjustment, or adds a further restriction, it must tell the Secretary within 30 days, and the Secretary must publish a notice about it in the Federal Register. Separately, Nebraska may continue allowing longer combination vehicles — even ones not operating as of June 1, 1991 — to haul sugar beets between fields, storage, market, factory, and stockpile locations within the state; this specific allowance expired on February 28, 1998. (e) List of State Length Limitations. By February 16, 1992, each state had to send the Secretary a complete list of its length limits for these combinations on the highways covered by (b), including the laws and regulations behind them; if a state did not submit one, the Secretary had to fill it in. By March 17, 1992, the Secretary had to publish an interim list of everything submitted, review it for accuracy, and take public comments on it. A law or regulation could not be included just because it theoretically could have authorized these combinations by permit — it had to reflect combinations actually in regular or seasonal operation before June 2, 1991. By June 15, 1992, the Secretary had to publish the final list, correcting any inaccuracies found. After that, banned combinations could not operate on the interstate system or other designated highways except as shown on the final list; the Secretary could combine this list with the one required under section 127(d) of title 23. The Secretary must also review the list, on the Secretary's own initiative or anyone's request, and publish a correction if a mistake is found. (f) Limitations on Statutory Construction. This section cannot be read to allow a longer combination vehicle on the interstate system if it is banned under section 127(d) of title 23; to affect the operation of a commercial vehicle with only one property-carrying unit at all; or to affect a state's treatment of a multi-unit combination that was already legally operating there on a regular or seasonal basis before June 2, 1991, under state law, regulation, or permit. (g) Regulations. The Secretary must define, by regulation, what counts as a load that cannot easily be dismantled or divided — solely for purposes of this section. By June 15, 1992, the Secretary also had to issue regulations setting the criteria states must follow when making the "minor adjustments" allowed under (d).

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

(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, but not including a trailer or a semitrailer transported as part of a towaway trailer transporter combination (as defined in section 31111(a)).

(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.

(c)Special Rules for Wyoming, Ohio, Alaska, Iowa, Nebraska, Kansas, and Oregon.—

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 pounds gross vehicle weight;

(2)

Ohio may allow the operation of commercial motor vehicle combinations with 3 property-carrying units of 28.5 feet each (not including the truck tractor) not in actual operation on June 1, 1991, to be operated in Ohio on the 1-mile segment of Ohio State Route 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;

(4)

Iowa may allow the operation on Interstate Route 29 between Sioux City, Iowa, and the border between Iowa and South Dakota or on Interstate Route 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;

(5)

Nebraska and Kansas may allow the operation of a truck tractor and 2 trailers or semitrailers not in actual lawful operation on a regular or periodic basis on June 1, 1991, if the length of the property-carrying units does not exceed 81 feet 6 inches and such combination is used only to transport equipment utilized by custom harvesters under contract to agricultural producers to harvest one or more of wheat, soybeans, and milo during the harvest months for such crops, as defined by the relevant state;1 and

(6)

Oregon may allow the operation of a truck tractor and 2 property-carrying units not in actual lawful operation on a regular or periodic basis on June 1, 1991, if—

(A)

the length of the property-carrying units does not exceed 82 feet 8 inches;

(B)

the combination is used only to transport sugar beets; and

(C)

the operation occurs on United States Route 20, United States Route 26, United States Route 30, or Oregon Route 201 in the vicinity, or between any, of—

(i)

Vale, Oregon;

(ii)

Ontario, Oregon; or

(iii)

Nyssa, Oregon.

(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 restriction 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)

2 Nebraska may continue to allow to be operated under paragraphs (b)(1) and (b)(2) of this section,3 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 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.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 995; Pub. L. 104–59, title III, § 312(a)(3), Nov. 28, 1995, 109 Stat. 584; Pub. L. 104–205, title III, § 352, Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105–66, title III, § 343, Oct. 27, 1997, 111 Stat. 1449; Pub. L. 109–59, title IV, § 4112, Aug. 10, 2005, 119 Stat. 1724; Pub. L. 114–94, div. A, title V, § 5523(c)(1), Dec. 4, 2015, 129 Stat. 1560; Pub. L. 114–113, div. L, title I, § 137, Dec. 18, 2015, 129 Stat. 2851; Pub. L. 116–6, div. G, title IV, § 423, Feb. 15, 2019, 133 Stat. 474.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 995
1995Amended · Pub. L. 104-59 · 109 Stat. 584
1996Amended · Pub. L. 104-205 · 110 Stat. 2980
1997Amended · Pub. L. 105-66 · 111 Stat. 1449
2005Amended · Pub. L. 109-59 · 119 Stat. 1724
2015Amended · Pub. L. 114-94 · 129 Stat. 1560
2015Amended · Pub. L. 114-113 · 129 Stat. 2851
2019Amended · Pub. L. 116-6 · 133 Stat. 474

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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