S.Amdt. 2283

1. Inserts new text wherever appropriate

   Inserts

   Inserted: SEC. . TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS.

   Inserted: (a) In General.--Section 127 of title 23, United States Code, is amended by adding at the end the following:

   Inserted: "(h) Grandfather Rights.--

   Inserted: "(1) General rule.--After the 270th day following the date of enactment of this subsection, a State may not allow, on a segment of the Interstate System, the operation of a vehicle or combination (other than a longer combination vehicle) exceeding an Interstate weight limit unless the operation is specified on the list published under paragraph (2).

   Inserted: "(2) List of vehicles and combinations.--

   Inserted: "(A) Proceeding.--Not later than 60 days after the date of enactment of this subsection, the Secretary shall initiate a proceeding to determine and publish a list of vehicles and combinations (other than longer combination vehicles), otherwise exceeding an Interstate weight limit, that the Department of Transportation, any other Federal agency, or a State has determined on or before June 1, 2003, could be lawfully operated within such State--

   Inserted: "(i) on July 1, 1956;

   Inserted: "(ii) in the case of the overall gross weight of any group of 2 or more consecutive axles, on the date of enactment of the Federal-Aid Highway Amendments of 1974; or

   Inserted: "(iii) under a special rule applicable to a State under subsection (a).

   Inserted: "(B) Limitations.--

   Inserted: "(i) Actual and lawful operations required.--An operation of a vehicle or combination may be included on the list published under subparagraph (A) only if the vehicle or combination was in actual and lawful operation in the State on a regular or periodic basis on or before June 1, 2003.

   Inserted: "(ii) State authority not sufficient.--An operation of a vehicle or combination may not be included on the list published under subparagraph (A) on the basis that a State law or regulation could have authorized the operation of the vehicle or combination at some prior date by permit or otherwise.

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   Inserted: "(C) Publication of final list.--Not later than 270 days after the date of enactment of this subsection, the Secretary shall publish a final list of vehicles and combinations described in subparagraph (A).

   Inserted: "(3) Limitation on statutory construction.--This subsection does not prevent a State from reducing the gross vehicle weight limitation, the single and tandem axle weight limitations, or the overall maximum gross weight on a group of 2 or more consecutive axles applicable to portions of the Interstate System in the State for operations on the list published under paragraph (2)(C) but in no event may any such reduction result in a limitation that is less than an Interstate weight limit.

   Inserted: "(4) Applicability of existing requirements.--All vehicles and combinations included on the list published under paragraph (2) shall be subject to all routing-specific, commodity-specific, and weight-specific designations in force in a State on June 1, 2003.

   Inserted: "(5) Interstate weight limit defined.--In this subsection, the term 'Interstate weight limit' means the 80,000 pound gross vehicle weight limitation, the 20,000 pound single axle weight limitation (including enforcement tolerances), the 34,000 pound tandem axle weight limitation (including enforcement tolerances), and the overall maximum gross weight (including enforcement tolerances) on a group of 2 or more consecutive axles produced by application of the formula in subsection (a).".

   Inserted: (b) Conforming Amendment.--The fourth sentence of section 127(a) of title 23, United States Code, is amended by striking "the State determines".

   Inserted: SEC. . NONDIVISIBLE LOAD PROCEEDING.

   Inserted: Section 127 of title 23, United States Code, is further amended by adding at the end the following:

   Inserted: "(i) Nondivisible Loads.--

   Inserted: "(1) Proceeding.--Not later than 60 days after the date of enactment of this subsection, the Secretary shall initiate a proceeding to define the term 'vehicles and loads which cannot be easily dismantled or divided' as used in subsection (a) and section 31112 of title 49.

   Inserted: "(2) List of commodities.--

   Inserted: "(A) In general.--The definition developed under paragraph (1) shall include a list of commodities (or classes or types of commodities) that do not qualify as nondivisible loads.

   Inserted: "(B) Limitation.--The list of commodities developed under paragraph (1) shall not be interpreted to be a comprehensive list of commodities that do not qualify as nondivisible loads.

   Inserted: "(3) Regulations.--Not later than 270 days after the date of enactment of this subsection, the Secretary shall issue final regulations setting forth the determination of the Secretary made under paragraph (1). The Secretary shall update the regulations as necessary.

   Inserted: "(4) Applicability.--Regulations issued under paragraph (2) shall apply to all vehicles and loads operating on the National Highway System.

   Inserted: "(5) State requirements.--A State may establish any requirement that is not inconsistent with regulations issued under paragraph (2).

   Inserted: "(6) Statement of policy.--The purpose of this subsection is to promote conformity with Interstate weight limits to preserve publicly funded infrastructure and protect motorists by limiting maximum vehicle weight on key portions of the Federal-aid highway system.".

   Inserted: SEC. . WAIVERS OF WEIGHT LIMITATIONS DURING PERIODS OF NATIONAL EMERGENCY.

   Inserted: Section 127 of title 23, United States Code, is further amended by adding at the end the following:

   Inserted: "(j) Waivers During Periods of National Emergency.--

   Inserted: "(1) In general.--Notwithstanding any other provision of this section or section 126, the Secretary, in consultation with the Secretary of Defense, may waive or limit the application of any vehicle weight limit established under this section or section 126 with respect to a highway route during a period of national emergency in order to respond to the effects of the national emergency.

   Inserted: "(2) Applicability.--Emergency limits established under paragraph (1) shall preempt any inconsistent State vehicle weight limits.".

   Inserted: SEC. . VEHICLE WEIGHT LIMITATIONS--NATIONAL HIGHWAY SYSTEM.

   Inserted: (a) In General.--Title 23, United States Code, is amended by inserting after section 125 the following:

   Inserted: "Sec. 126. Vehicle weight limitations--National Highway System

   Inserted: "(a) Non-Interstate Highways on NHS.--

   Inserted: "(1) In general.--After the 270th day following the date of enactment of this section, any Interstate weight limit that applies to vehicles and combinations (other than longer combination vehicles) operating on the Interstate System in a State under section 127 shall also apply to vehicles and combinations (other than longer combination vehicles) operating on non-Interstate segments of the National Highway System in such State, unless such segments are subject to lower State weight limits as provided for in subsection (d).

   Inserted: "(2) Existing highways.--

   Inserted: "(A) In general.--Notwithstanding paragraph (1), in the case of a non-Interstate segment of the National Highway System that is open to traffic on June 1, 2003, a State may allow the operation of any vehicle or combination (other than a longer combination vehicle) on such segment that the Secretary determines under subsection (b) could be lawfully operated on such segment on June 1, 2003.

   Inserted: "(B) Applicability of state laws and regulations.--All operations described in subparagraph (A) shall continue to be subject to all State statutes, regulations, limitations and conditions, including routing-specific, commodity-specific, and configuration-specific designations and all other restrictions, in force on June 1, 2003.

   Inserted: "(3) New highways.--Subject to subsection (d)(1), the gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations (other than longer combination vehicles) on a non-Interstate segment of the National Highway System that is not open to traffic on June 1, 2003, shall be the Interstate weight limit.

   Inserted: "(b) Listing of Vehicles and Combinations.--

   Inserted: "(1) In general.--The Secretary shall initiate a proceeding to determine and publish a list of vehicles and combinations (other than longer combination vehicles), otherwise exceeding an Interstate weight limit, that could be lawfully operated on a non-Interstate segment of the National Highway System on June 1, 2003.

   Inserted: "(2) Requirements.--In publishing a list of vehicles and combinations under paragraph (1), the Secretary shall identify--

   Inserted: "(A) the gross vehicle weight limitations and axle loading limitations in each State applicable, on June 1, 2003, to vehicles and combinations (other than longer combination vehicles) on non-Interstate segments of the National Highway System; and

   Inserted: "(B) operations of vehicles and combinations (other than longer combination vehicles), exceeding State gross vehicle weight limitations and axle loading limitations identified under subparagraph (A), which were in actual and lawful operation on a regular or periodic basis (including seasonal operations) on June 1, 2003.

   Inserted: "(3) Limitation.--An operation of a vehicle or combination may not be included on the list published under paragraph (1) on the basis that a State law or regulation could have authorized such operation at some prior date by permit or otherwise.

   Inserted: "(4) Publication of final list.--Not later than 270 days after the date of enactment of this section, the Secretary shall publish a final list of vehicles and combinations described in paragraph (1).

   Inserted: "(5) Updates.--The Secretary shall update the list published under paragraph (1) as necessary to reflect new designations made to the National Highway System.

   Inserted: "(c) Applicability of Limitations.--The limitations established by subsection (a) shall apply to any new designation made to the National Highway System and remain in effect on those non-Interstate highways that cease to be designated as part of the National Highway System.

   Inserted: "(d) Limitations on Statutory Construction.--

   Inserted: "(1) State enforcement of more restrictive weight limits.--This section does not prevent a State from maintaining or imposing a weight limitation that is more restrictive than the Interstate weight limit on vehicles or combinations (other than longer combination vehicles) operating on a non-Interstate segment of the National Highway System.

   Inserted: "(2) State actions to reduce weight limits.--This section does not prevent a State from reducing the State's gross vehicle weight limitation, single or tandem axle weight limitations, or the overall maximum gross weight on 2 or more consecutive axles on any non-Interstate segment of the National Highway System.

   Inserted: "(e) Longer Combination Vehicles.--

   Inserted: "(1) Prohibition.--

   Inserted: "(A) In general.--After the 270th day following the date of enactment of this section, a longer combination vehicle may continue to operate on a non-Interstate segment of the National Highway System only if the operation of the longer combination vehicle configuration type was authorized by State officials pursuant to State statute or regulation on June 1, 2003, and in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before June 1, 2003.

   Inserted: "(B) Applicability of state laws and regulations.--All operations described in subparagraph (A) shall continue to be subject to all State statutes, regulations, limitations and conditions, including routing-specific, commodity-specific, and configuration-specific designations and all other restrictions, in force on June 1, 2003.

   Inserted: "(2) Listing of vehicles and combinations.--

   Inserted: "(A) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall initiate a proceeding to determine and publish a list of longer combination vehicles that could be lawfully operated on non-Interstate segments of the National Highway System on June 1, 2003.

   Inserted: "(B) Limitation.--A longer combination vehicle may not be included on the list published under subparagraph (A) on the basis that a State law or regulation could have authorized the operation of such vehicle at some prior date by permit or otherwise.

   Inserted: "(C) Publication of final list.--Not later than 270 days after the date of enactment of this section, the Secretary shall publish a final list of longer combination vehicles described in subparagraph (A).

   Inserted: "(D) Updates.--The Secretary shall update the list published under subparagraph (A) as necessary to reflect new designations made to the National Highway System.

   Inserted: "(3) Limitation on statutory construction.--This subsection does not prevent a State from further restricting in any manner or prohibiting the operation of a longer combination vehicle; except that such restrictions or prohibitions shall be consistent with the requirements of section 127 of this title and sections 31112 through 31114 of title 49, United States Code.

   Inserted: "(f) Model Schedule of Fines.--

   Inserted: "(1) In general.--The Secretary, in consultation with the States, shall establish a model schedule of fines to be assessed for violations of this section.

   Inserted: "(2) Purpose.--The purpose of the schedule of fines shall be to ensure that fines are sufficient to deter violations of the requirements of this section and to permit States to recover costs associated with damages caused to the National Highway System by the operation of such vehicles.

   Inserted: "(3) Adoption by states.--The Secretary shall encourage but not require States to adopt the schedule of fines.

   Inserted: "(g) Definitions.--In this section, the following definitions apply:

   Inserted: "(1) Interstate weight limit.--The term 'Interstate weight limit' has the meaning given such term in section 127(h).

   Inserted: "(2) Longer combination vehicle.--The term 'longer combination vehicle' has the meaning given such term in section 127(d).".

   Inserted: (b) Enforcement of Requirements.--Section 141(a) of title 23, United States Code, is amended--

   Inserted: (1) by striking "the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System" and inserting "the National Highway System, including the Interstate System,"; and

   Inserted: (2) by striking "section 127" and inserting "sections 126 and 127".

   Inserted: (c) Conforming Amendment.--The analysis for title 23, United States Code, is amended by inserting after the item relating to section 125 the following:

   Inserted: "126. Vehicle weight limitations--National Highway System.".

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   Original wording

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As printed