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49 U.S.C. § 31113 — Width limitations
Federal law — U.S. Code and appendices · legal_authorities
**(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 commerci
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31113
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Source location: Title 49, Chapter 311, § 31113; chapter-311-commercial-motor-vehicle-safety.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 ov
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 127
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Federal law — U.S. Code and appendices · legal_authorities
Page 855
TITLE 49—TRANSPORTATION
§ 31113
Highways and other Federal-aid Primary Sys-
tem highways designated by the Secretary ex-
cept as published on the list. The list may be
combined by the Secretary with the list re-
quired under section 127(d) of title 23.
(5) On the Secretary’s own motion or on re-
quest by any person (including a State), the Sec-
retary 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
CONSTRUC-
TION.—This section may not be construed—
(1) to allow the operation on any segment of
the Dwight D. Eisenhower System of Inter-
state and Defense Highways of a longer com-
bination 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 au-
thorized under State law or regulation or law-
ful State permit.
(g) REGULATIONS.—(1) In carrying out this sec-
tion only, the Secretary shall define by regula-
tion 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 adjust-
ments under subsection (d) of this section.
(Pub
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 31113
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