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

Page 853 TITLE 49—TRANSPORTATION § 31112 Subsection (b)(1) is substituted for 49 App.:2311(a) and (b) (2d–last sentences) to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code. Hyphens are used in describing the combinations ‘‘truck tractor- semitrailer’’ and ‘‘truck tractor-semitrailer-trailer’’ for consistency. In clause (D), the word ‘‘actually’’ is omitted as surplus. Subsection (b)(2) is substituted for 49 App.:2311(b) (1st sentence) because of the restatement. In subsection (d), the words ‘‘such as rear view mir- rors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender exten- sions, mudflaps and splash and spray suppressant de- vices, load-induced tire bulge, refrigeration units or air compressors and other devices’’ are omitted as unneces- sary and because most items listed relate to width rather than length. In subsection (e), the words ‘‘by regulation’’ are added for clarity. The words ‘‘subject to the provisions of subsections (a) and (c) of this section’’ are omitted as surplus. The text of 49 App.:2311(e)(2) and (3) is omit- ted as executed. In subsection (f), the word ‘‘commercial’’ is added be- fore ‘‘motor vehicle’’ for consistency. In subsection (f)(4)(C), the reference to regulations prescribed under subsection (e) is substituted for the reference in the source to regulations issued under sub- section (a) to be more precise. The word ‘‘amendment’’ is substituted for ‘‘revision’’ for consistency in the re- vised title. Subsection (g) is substituted for 49 App.:2311(d) to eliminate unnecessary words. The Secretary’s general authority to prescribe regulations is provided in 49:322(a). The word ‘‘vessel’’ is substituted for ‘‘boat’’ because of 1:3. The text of 49 App.:2311(g) is omitted as executed. Editorial Notes AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–94, § 5520(a), struck out ‘‘specifically’’ before ‘‘for the transport’’ and in- serted at end ‘‘An automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul, so long as it complies with weight limitations for a truck tractor and semitrailer combination.’’ Subsec. (a)(3)(B). Pub. L. 114–94, § 5520(b), struck out ‘‘only’’ before ‘‘motor vehicles when operating’’ and in- serted ‘‘or any other commodity, including cargo or general freight on a backhaul’’ before period at end. Subsec. (a)(5). Pub. L. 114–94, § 5520(c), added par. (5). Subsec. (a)(6), (7). Pub. L. 114–94, § 5523(a), added pars. (6) and (7). Subsec. (b)(1)(G). Pub. L. 114–94, § 5520(d), added sub- par. (G). Subsec. (b)(1)(H). Pub. L. 114–94, § 5523(b), added sub- par. (H). 2008—Subsec. (a)(4). Pub. L. 110–244, § 301(r)(1), in heading, substituted ‘‘Driveaway saddlemount’’ for ‘‘Drive-away saddlemount with fullmount’’, and, in text, substituted ‘‘driveaway saddlemount’’ for ‘‘drive- away saddlemount with fullmount’’ and inserted at end ‘‘Such combination may include one fullmount.’’ Subsec. (b)(1)(D). Pub. L. 110–244, § 301(r)(2), sub- stituted ‘‘all driveaway saddlemount’’ for ‘‘a driveaway saddlemount with fullmount’’. 2005—Subsec. (a)(4). Pub. L. 109–59, § 4141(a), added par. (4). Subsec. (b)(1)(D) to (F). Pub. L. 109–59, § 4141(b), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively. 1998—Subsec. (a). Pub. L. 105–178, § 4005(1), substituted ‘‘section, the following definitions apply:’’ for ‘‘sec- tion—’’ in introductory provisions. Subsec. (a)(1). Pub. L. 105–178, § 4005(5), added par. (1). Former par. (1) redesignated (2). Pub. L. 105–178, § 4005(2), inserted ‘‘MAXI-CUBE VEHI- CLE.—The term’’ after ‘‘(1)’’. Subsec. (a)(2). Pub. L. 105–178, § 4005(4), redesignated par. (1) as (2). Former par. (2) redesignated (3). Pub. L. 105–178, § 4005(3), inserted ‘‘TRUCK TRACTOR.— The term’’ after ‘‘(2)’’. Subsec. (a)(3). Pub. L. 105–178, § 4005(4), redesignated par. (2) as (3). 1995—Subsec. (b)(1)(E). Pub. L. 104–88 added subpar. (E). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title. § 31112. Property-carrying unit limitation (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 prop- erty, 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 seg- ment of the Dwight D. Eisenhower System of Interstate and Defense Highways and those classes of qualifying Federal-aid Primary Sys- tem highways designated by the Secretary of Transportation under section 31111(e) of this title, of any commercial motor vehicle combina- tion (except a vehicle or load that cannot be dis- mantled easily or divided easily and that has been issued a special permit under applicable State law) with more than one property-car- rying 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 be- fore June 2, 1991; or (2) the length of the property-carrying units of those commercial motor vehicle combina- tions, by specific configuration, in actual, law- ful operation on a regular or periodic basis (in- cluding continuing seasonal operation) in that State before June 2, 1991. (c) SPECIAL RULES FOR WYOMING, OHIO, ALAS- KA, IOWA, NEBRASKA, KANSAS, AND OREGON.—In addition to the vehicles allowed under sub- section (b) of this section— (1) Wyoming may allow the operation of ad- ditional 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 Page 854 TITLE 49—TRANSPORTATION § 31112 1 So in original. Probably should be ‘‘State.’’ 2 See 1996 Amendment note below. 3 So in original. 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 commer- cial motor vehicle combinations with 3 prop- erty-carrying units of 28.5 feet each (not in- cluding the truck tractor) not in actual oper- ation 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 com- mercial 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 Inter- state 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 Ne- braska of commercial motor vehicle combina- tions with trailer length, semitrailer length, and property-carrying unit length allowed by law or regulation and in actual lawful oper- ation on a regular or periodic basis (including continued seasonal operation) in South Da- kota or Nebraska, respectively, before June 2, 1991; (5) Nebraska and Kansas may allow the oper- ation 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 combina- tion is used only to transport equipment uti- lized by custom harvesters under contract to agricultural producers to harvest one or more of wheat, soybeans, and milo during the har- vest 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 trans- port 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 commer- cial motor vehicle combination whose operation in a State is not prohibited under subsections (b) and (c) of this section may continue to oper- ate in the State on highways described in sub- section (b) only if at least in compliance with all State laws, regulations, limitations, and condi- tions, including routing-specific and configura- tion-specific designations and all other restric- tions in force in the State on June 1, 1991. How- ever, 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 des- ignations and vehicle operating restrictions in effect on June 1, 1991, for specific safety pur- poses 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 com- bination 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 re- stricting or prohibiting the operation of a com- mercial motor vehicle combination as author- ized by paragraph (2) of this subsection shall ad- vise 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 op- erated under paragraphs (b)(1) and (b)(2) of this section,3 the State of Nebraska may allow longer combination vehicles that were not in ac- tual operation on June 1, 1991 to be operated within its boundaries to transport sugar beets from the field where such sugar beets are har- vested 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 appli- cable to commercial motor vehicle combina- tions operating in the State on the highways de- scribed in subsection (b) of this section. The list shall indicate the applicable State laws and reg- ulations associated with the length limitations. If a State does not submit the information as re- quired, 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 Reg- ister consisting of all information submitted under paragraph (1) of this subsection. The Sec- retary 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 op- eration of commercial motor vehicle combina- tions 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 nec- essary to correct inaccuracies identified under paragraph (2) of this subsection. After publica- tion 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 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. 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31112(a)(1) .. 49 App.:2311(j)(7). Jan 6, 1983, Pub. L. 97–424, 96 Stat. 2159, § 411(j); added Dec. 18, 1991, Pub. L. 102–240, § 4006(a), 105 Stat. 2148. 31112(a)(2) .. 49 App.:2311(j)(3). 31112(b) ...... 49 App.:2311(j)(1). 31112(c) ...... 49 App.:2311(j)(2). 31112(d) ...... 49 App.:2311(j)(4). 31112(e) ...... 49 App.:2311(j)(5). 31112(f) ....... 49 App.:2311(j)(6). 31112(g)(1) .. 49 App.:2311(j)(9). 31112(g)(2) .. 49 App.:2311(j)(8). In this section, the word ‘‘property’’ is substituted for ‘‘cargo’’, and the word ‘‘law’’ is substituted for ‘‘stat- ute’’, for consistency in the revised title. The words ‘‘Dwight D. Eisenhower System of Interstate and De- fense Highways’’ are substituted for ‘‘National System of Interstate and Defense Highways’’ because of the Act of October 15, 1990 (Public Law 101–427, 104 Stat. 927). In subsections (b), before clause (1), and (g)(1), the words ‘‘dismantled easily or divided easily’’ are sub- stituted for ‘‘easily dismantled or divided’’ for clarity. In subsection (e)(4), the words ‘‘Except as revised under this paragraph or paragraph (5) of this sub- section’’ are substituted for ‘‘Except as modified pursu- ant to subparagraph (B) or (E) of this subsection’’ for clarity. Editorial Notes AMENDMENTS 2019—Subsec. (c). Pub. L. 116–6 substituted ‘‘Kansas, and Oregon’’ for ‘‘and Kansas’’ in heading and added par. (6). 2015—Subsec. (a)(1). Pub. L. 114–94 inserted before pe- riod at end ‘‘, but not including a trailer or a semitrailer transported as part of a towaway trailer transporter combination (as defined in section 31111(a))’’. Subsec. (c). Pub. L. 114–113, § 137(b)(1), substituted ‘‘Nebraska, and Kansas’’ for ‘‘and Nebraska’’ in head- ing. Subsec. (c)(3). Pub. L. 114–113, § 137(b)(2), substituted a semicolon for ‘‘; and’’ at end. Subsec. (c)(4). Pub. L. 114–113, § 137(b)(3), substituted ‘‘; and’’ for period at end. Subsec. (c)(5). Pub. L. 114–113, § 137(a), substituted ‘‘Nebraska and Kansas may’’ for ‘‘Nebraska may’’ and ‘‘the relevant state’’ for ‘‘the State of Nebraska’’. 2005—Subsec. (c). Pub. L. 109–59, § 4112(b), substituted ‘‘Iowa, and Nebraska’’ for ‘‘and Iowa’’ in heading. Subsec. (c)(5). Pub. L. 109–59, § 4112(a), added par. (5). 1997—Subsec. (d)(4). Pub. L. 105–66 substituted ‘‘Feb- ruary 28, 1998’’ for ‘‘September 30, 1997’’. 1996—Subsec. (d)(4). Pub. L. 104–205, which directed amendment of this section by adding a new subsection designated par. (4) without specifying where, was exe- cuted by adding par. (4) to subsec. (d) to reflect the probable intent of Congress. 1995—Subsec. (c). Pub. L. 104–59 substituted ‘‘Alaska, and Iowa’’ for ‘‘and Alaska’’ in heading and added par. (4). Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 118–154, § 1(b), (c), Dec. 17, 2024, 138 Stat. 1691, provided that: ‘‘(b) DESIGNATION.—United States Route 20 in each of the States of Oregon, Idaho, Montana, Wyoming, Ne- braska, Iowa, Illinois, Indiana, Ohio, Pennsylvania, New York, and Massachusetts shall be known and des- ignated as the ‘National Medal of Honor Highway’. ‘‘(c) REFERENCES.—Any reference in a law, map, regu- lation, document, paper, or other record of the United States to the highway referred to in subsection (b) shall be deemed to be a reference to the ‘National Medal of Honor Highway’.’’ EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. § 31113. Width limitations (a) GENERAL LIMITATIONS.—(1) Except as pro- vided 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);