article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Highways and Infrastructure Preservation Act of 1997''. SEC. 2. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS. (a) Prohibition on Operation of Certain Cargo-Carrying Units.-- Section 411 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311) is amended-- (1) by striking the section heading and all that follows through ``(a) Except'' and inserting the following: ``SEC. 411. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS. ``(a) State Requirements.-- ``(1) In general.--Except''; (2) by moving the remaining portion of paragraph (1) of subsection (a), as designated by paragraph (1) of this subsection, 2 ems to the right; and (3) by adding at the end of subsection (a) the following: ``(2) Prohibition on operation of certain cargo-carrying units.-- ``(A) General rule.--No State shall register for operation on any segment of the Interstate System and those classes of qualifying National Highway System highways as designated by the Secretary any trailer, semi-trailer, container, or other cargo-carrying unit that is longer than 53 feet, except as provided by subparagraph (B). ``(B) Exceptions.--The following shall not be subject to the requirement of subparagraph (A): ``(i) Any trailer, semi-trailer, container, or other cargo carrying unit that is manufactured before the expiration of the 1- year period beginning on the date of the enactment of this paragraph. ``(ii) Any trailer, semi-trailer, container, or other cargo-carrying unit that is used exclusively for fire-fighting. ``(C) Limitation on statutory construction.--Nothing in this paragraph shall be construed to affect the laws of any State applicable to any trailer, semi-trailer, container, or other cargo-carrying unit that is less than 53 feet in length.''. (b) Repeal.--The 3d sentence of section 411(b) of such Act is repealed. (c) Conforming Amendments.--Section 411 of such Act is amended-- (1) by striking ``subsection (a) of this section'' each place it appears and inserting ``subsection (a)(1) of this section''; and (2) in subsection (d) by striking ``subsections (a)'' and inserting ``subsections (a)(1)''. (d) Enforcement.--The 2d sentence of section 141(b) of title 23, United States Code, is amended-- (1) by striking ``section 411(j)'' and inserting ``subsections (a)(2) and (j) of section 411''; and (2) by striking ``2311(j)'' and inserting ``2311''. SEC. 3. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS. (a) In General.--Section 127 of title 23, United States Code, is amended by adding at the end the following: ``(h) Grandfather Rights.-- ``(1) General rule.--No State shall allow the operation of any vehicle or combination (other than longer combination vehicles) not in conformance with the Interstate weight limits, unless such operation is on the list published pursuant to paragraph (2). ``(2) List of vehicles or combinations.-- ``(A) Proceeding.--Not later than 60 days after the date of the enactment of this subsection, the Secretary shall initiate a proceeding to determine and publish a list of vehicles or combinations (other than longer combination vehicles), otherwise not in conformance with the Interstate weight limits, that the Department of Transportation or any other Federal agency or a State has determined before January 1, 1997, could be lawfully operated within such State on July 1, 1956 (except in the case of the overall gross weight of any group of 2 or more consecutive axles, on the date of the enactment of the Federal-Aid Highway Amendments of 1974). ``(B) Limitation.--No operation of any vehicle or combination (other than a longer combination vehicle) shall be included on the list published pursuant to subparagraph (A) on the basis that a State law or regulation could have authorized such operation at some prior date by permit or otherwise. ``(C) Publication of final list.--Not later than 270 days after the date of the enactment of this subsection, the Secretary shall publish a final list of vehicles or combinations described in subparagraph (A). ``(3) Limitation on statutory construction.--Nothing in this subsection shall be construed to prevent a State from reducing the State's gross vehicle weight limitation or the State's single or tandem axle weight limitations on the Interstate System for operations on the list published pursuant to paragraph (2) but in no event shall any such reduction fall below weight limits referred to in subsection (a). ``(4) Applicability of existing requirements.--All vehicles or combinations included on the list published pursuant to paragraph (2) shall be subject to all routing-specific, commodity-specific, and weight-specific designations in force in a State before January 1, 1997.''. (b) Conforming Amendment.--The 4th sentence of section 127(a) of such title is amended by striking ``the State determines''. SEC. 4. NONDIVISIBLE LOAD PROCEEDING. Section 127 of title 23, United States Code, is further amended by adding at the end the following: ``(i) Nondivisible Loads.-- ``(1) Proceeding.--Not later than 60 days after the date of the enactment of this subsection, the Secretary shall initiate a proceeding to determine the meaning of the term `vehicles and loads which cannot be easily dismantled or divided' as used in subsection (a), including a commodity-specific definition of such term. ``(2) Regulations.--Not later than 270 days after the date of the enactment of this subsection, the Secretary shall issue final regulations setting forth the determination of the Secretary made pursuant to subparagraph (A). Such regulations shall apply to all loads operating on the National Highway System. A State may establish other requirements not inconsistent with such regulations. ``(j) Statement of Policy.--The policy of this title is to promote conformity with the Interstate weight limits for the benefit and safety of all motorists. ``(k) Interstate Weight Limits Defined.--For purposes of subsections (h), (i), and (j), the term `Interstate weight limits' 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 Bridge Formula B in subsection (a).''. SEC. 5. WEIGHT LIMITATIONS. (a) In General.--Title 23, United States Code, is amended by inserting after section 127 the following: ``Sec. 127a. Gross vehicle weight and axle loading limitations on non- Interstate highways on the National Highway System ``(a) Non-Interstate Highways on NHS.--The gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations on any non-Interstate highway on the National Highway System in existence on the date of the enactment of this section, shall be the gross vehicle weight and axle loading limitations (including enforcement tolerances) set by State statute as of January 1, 1997, on the non-Interstate highway on the National Highway System in the State in which such non-Interstate highway is located, except as provided by subsection (c). The gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations on any segment of any non-Interstate highway on the National Highway System not in existence on the date of the enactment of this section, shall be the Interstate weight limits. ``(b) Proceeding To Publish List of State Limitations.--The Secretary shall initiate a proceeding to determine and publish a list of the States' gross vehicle weight limitations and axle loading limitations as of January 1, 1997, applicable to non-Interstate highways on the National Highway System. The Secretary shall publish a final list not later than 180 days after the date of the enactment of this section. ``(c) Proceeding To Publish List of Nonconforming Operations.--The Secretary shall initiate a proceeding to determine and publish a list of operations not in conformance with State gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations on any non-Interstate highways on the National Highway System in existence on the date of the enactment of this section, of such State before January 1, 1997, and which were in actual and lawful operation on a regular or periodic basis (including seasonal operations) before January 1, 1997. The Secretary shall publish a final list of such operations not later than 180 days after the date of the enactment of this section. No operation of any vehicle or combination shall be on the Secretary's list on the basis that a State law or regulation could have authorized such operations at some prior date, by permit or otherwise. ``(d) Applicability of Existing Requirements.--All vehicles or combinations included on the Secretary's list provided for in subsection (c) shall be subject to all routing-specific, commodity- specific, and weight-specific designations in force in a State on December 31, 1996. ``(e) Applicability.--The limitations established by subsection (a) shall apply to any new designations 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. ``(f) Limitation on Statutory Construction.--Nothing in this section shall be construed to prevent any State from reducing the State's gross vehicle weight limitation or the State's single or tandem axle weight limitations on any existing non-Interstate highway on the National Highway System. ``(g) Interstate Weight Limits Defined.--For purposes of this section, the term `Interstate weight limits' means the 80,000 pound gross vehicle weight limitation, the 20,000 pound single axle weight limitation (including enforcement tolerances), and the 34,000 pound tandem axle weight limitation (including enforcement tolerances).''. (b) Enforcement of Requirements.--Section 141(a) of such title is amended by striking ``section 127(d)'' and inserting ``sections 127 and 127a''. (c) Conforming Chapter Analysis Amendment.--The analysis for chapter 1 of such title is amended by inserting after the item relating to section 127 the following: ``127a. Gross vehicle weight and axle loading limitations on non- Interstate highways on the National Highway System.''.
summary: Safe Highways and Infrastructure Preservation Act of 1997 - Amends the Surface Transportation Assistance Act of 1982 to revise length limitations on federally-assisted highways to prohibit States from allowing the operation on highways of the Interstate System and the National Highway System of any trailer, semi-trailer, container, or other cargo-carrying unit that is longer than 53 feet, with specified exceptions. Amends Federal highway law to terminate all current State (grandfathered) exceptions to Interstate vehicle weight limits, unless the vehicle or combination involved is on a list of vehicles and combinations which could be lawfully operated in the State on July 1, 1956. Directs the Secretary of Transportation to issue regulations, in order to promote conformity with Interstate weight limits for the safety of all motorists, defining the term "vehicles and loads which cannot be easily dismantled or divided" (nondivisible loads), which shall apply to all loads operating on the National Highway System. Sets forth gross vehicle weight and axle loading limits on non-Interstate highways on the National Highway System.