49 U.S.C. § 31113 — Width limitations

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); Page 856 TITLE 49—TRANSPORTATION § 31113 (B) a qualifying Federal-aid highway des- ignated 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 con- sistent with highway safety. (2) Notwithstanding paragraph (1) of this sub- section, a State may continue to enforce a regu- lation 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 com- merce that complies with this subsection. (3) A Federal-aid highway (except an inter- state highway) not designated under this sub- section 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 CON- SERVATION 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 ve- hicle 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 offi- cer 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 ac- commodating a commercial motor vehicle hav- ing 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 sub- section (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 di- rectly 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 vehi- cle having the width provided for in subsection (a) of this section. (3) A chief executive officer’s notification under this subsection must include specific evi- dence 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. Eisen- hower System of Interstate and Defense High- ways is not capable of safely accommodating a commercial motor vehicle having a width pro- vided in subsection (a) of this section, the Sec- retary shall exempt the segment from sub- section (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 lo- cated. (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 sub- section or the date on which the Secretary initi- ates action under subparagraph (A) of this para- graph, 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 op- portunity for comment. If the Secretary ex- empts a segment under this subsection before the final regulations under subsection (a) of this section are prescribed, the Secretary shall in- clude the exemption as part of the final regula- tions. 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 997.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31113(a) ...... 49 App.:2316(a), (f). Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, § 416(a), (d), (f); added Apr. 5, 1983, Pub. L. 98–17, § 1(a), 97 Stat. 59; Oct. 30, 1984, Pub. L. 98–554, §§ 103(1), 104(d), (e), 105, 98 Stat. 2830, 2831. 31113(b) ...... 49 App.:2316(b). Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, § 416(b), (c); added Apr. 5, 1983, Pub. L. 98–17, § 1(a), 97 Stat. 59. 31113(c) ...... 49 App.:2316(c). 31113(d) ...... 49 App.:2316(d). 31113(e) ...... 49 App.:2316(e). Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, § 416(e); added Oct. 30, 1984, Pub. L. 98–554, § 103(2), 98 Stat. 2830. In this section, the word ‘‘commercial’’ is added be- fore ‘‘motor vehicle’’ for consistency. 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 subsection (a)(1), before clause (A), the text of 49 App.:2316(f) is omitted as obsolete. The word ‘‘pre- scribe’’ is substituted for ‘‘establish, maintain’’ for con- sistency in the revised title and with other titles of the United States Code. The words ‘‘a commercial motor vehicle operating on’’ are added for clarity. In subsection (b), the words ‘‘or energy conservation’’ are added for consistency with section 31111(d) of the revised title and because of the reference to ‘‘efficient operation’’. In subsection (e)(4)(C), the word ‘‘amendment’’ is sub- stituted for ‘‘revision’’ for consistency in the revised title. Page 857 TITLE 49—TRANSPORTATION § 31131 § 31114. Access to the Interstate System (a) PROHIBITION ON DENYING ACCESS.—A State may not enact or enforce a law denying to a commercial motor vehicle subject to this sub- chapter or subchapter I of this chapter reason- able access between— (1) the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under section 31111(f) or 31113(e) of this title) and other qualifying Fed- eral-aid Primary System highways designated by the Secretary of Transportation; and (2) terminals, facilities for food, fuel, re- pairs, and rest, and points of loading and un- loading for household goods carriers, motor carriers of passengers, any towaway trailer transporter combination (as defined in section 31111(a)), or any truck tractor-semitrailer combination in which the semitrailer has a length of not more than 28.5 feet and that gen- erally operates as part of a vehicle combina- tion described in section 31111(c) of this title. (b) EXCEPTION.—This section does not prevent a State or local government from imposing rea- sonable restrictions, based on safety consider- ations, on a truck tractor-semitrailer combina- tion in which the semitrailer has a length of not more than 28.5 feet and that generally operates as part of a vehicle combination described in section 31111(c) of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999; Pub. L. 114–94, div. A, title V, § 5523(c)(2), Dec. 4, 2015, 129 Stat. 1560.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31114(a) ...... 49 App.:2312(a). Jan. 6, 1983, Pub. L. 97–424, § 412, 96 Stat. 2160; Oct. 30, 1984, Pub. L. 98–554, §§ 104(c), 106, 98 Stat. 2831, 2832; Dec. 18, 1991, Pub. L. 102–240, § 4006(b)(2), 105 Stat. 2151. 31114(b) ...... 49 App.:2312(b). In subsection (a), the words ‘‘Dwight D. Eisenhower System of Interstate and Defense Highways’’ are sub- stituted for ‘‘Interstate and Defense Highway System’’ for consistency in the revised chapter. Editorial Notes AMENDMENTS 2015—Subsec. (a)(2). Pub. L. 114–94 inserted ‘‘any towaway trailer transporter combination (as defined in section 31111(a)),’’ after ‘‘passengers,’’. 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. § 31115. Enforcement On the request of the Secretary of Transpor- tation, the Attorney General shall bring a civil action for appropriate injunctive relief to ensure compliance with this subchapter or subchapter I of this chapter. The action may be brought in a district court of the United States in any State in which the relief is required. On a proper show- ing, the court shall issue a temporary restrain- ing order or preliminary or permanent injunc- tion. An injunction under this section may order a State or person to comply with this sub- chapter, subchapter I, or a regulation prescribed under this subchapter or subchapter I. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31115 .......... 49 App.:2313. Jan. 6, 1983, Pub. L. 97–424, § 413, 96 Stat. 2160; Oct. 30, 1984, Pub. L. 98–554, § 214, 98 Stat. 2844. The words ‘‘to assure compliance with the terms of this chapter’’ and ‘‘In any action under this section’’ are omitted as surplus. The last sentence is substituted for 49 App.:2313 (last sentence) for clarity and to elimi- nate unnecessary words. SUBCHAPTER III—SAFETY REGULATION § 31131. Purposes and findings (a) PURPOSES.—The purposes of this sub- chapter are— (1) to promote the safe operation of commer- cial motor vehicles; (2) to minimize dangers to the health of op- erators of commercial motor vehicles and other employees whose employment directly affects motor carrier safety; and (3) to ensure increased compliance with traf- fic laws and with the commercial motor vehi- cle safety and health regulations and stand- ards prescribed and orders issued under this chapter. (b) FINDINGS.—Congress finds— (1) it is in the public interest to enhance commercial motor vehicle safety and thereby reduce highway fatalities, injuries, and prop- erty damage; (2) improved, more uniform commercial motor vehicle safety measures and strength- ened enforcement would reduce the number of fatalities and injuries and the level of prop- erty damage related to commercial motor ve- hicle operations; (3) enhanced protection of the health of com- mercial motor vehicle operators is in the pub- lic interest; and (4) interested State governments can provide valuable assistance to the United States Gov- ernment in ensuring that commercial motor vehicle operations are conducted safely and healthfully. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31131(a) ...... 49 App.:2501. Oct. 30, 1984, Pub. L. 98–554, §§ 202, 203, 98 Stat. 2832. 31131(b) ...... 49 App.:2502. In subsection (a)(3), the words ‘‘this chapter’’ are sub- stituted for ‘‘this Act’’ because title II of the Act of Oc- tober 30, 1984 (Public Law 98–554, 98 Stat. 2832), amended and enacted provisions restated in this chapter.