
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31112]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
 
               SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS
 
Sec. 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 
    property, including a trailer, a semitrailer, or the property-
    carrying section of a single unit truck.
        (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 segment of the Dwight D. Eisenhower System of 
Interstate and Defense Highways and those classes of qualifying Federal-
aid Primary System highways designated by the Secretary of 
Transportation under section 31111(e) of this title, of any commercial 
motor vehicle combination (except a vehicle or load that cannot be 
dismantled easily or divided easily and that has been issued a special 
permit under applicable State law) with more than one property-carrying 
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 
    before June 2, 1991; or
        (2) the length of the property-carrying units of those 
    commercial motor vehicle combinations, by specific configuration, in 
    actual, lawful operation on a regular or periodic basis (including 
    continuing seasonal operation) in that State before June 2, 1991.

    (c) Special Rules for Wyoming, Ohio, Alaska, and Iowa.--In addition 
to the vehicles allowed under subsection (b) of this section--
        (1) Wyoming may allow the operation of additional 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 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 commercial motor vehicle 
    combinations with 3 property-carrying units of 28.5 feet each (not 
    including the truck tractor) not in actual operation 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 commercial motor vehicle 
    combinations that were not in actual operation on June 1, 1991, but 
    were in actual operation before July 6, 1991; and
        (4) Iowa may allow the operation on Interstate 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 Nebraska of commercial motor vehicle combinations 
    with trailer length, semitrailer length, and property-carrying unit 
    length allowed by law or regulation and in actual lawful operation 
    on a regular or periodic basis (including continued seasonal 
    operation) in South Dakota or Nebraska, respectively, before June 2, 
    1991.

    (d) Additional Limitations.--(1) A commercial motor vehicle 
combination whose operation in a State is not prohibited under 
subsections (b) and (c) of this section may continue to operate in the 
State on highways described in subsection (b) only if at least in 
compliance with all State laws, regulations, limitations, and 
conditions, including routing-specific and configuration-specific 
designations and all other restrictions in force in the State on June 1, 
1991. However, 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 designations and vehicle 
operating restrictions in effect on June 1, 1991, for specific safety 
purposes 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 
combination 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 
restricting or prohibiting the operation of a commercial motor vehicle 
combination as authorized by paragraph (2) of this subsection shall 
advise the Secretary not later than 30 days after the action. The 
Secretary shall publish a notice of the action in the Federal Register.
    (4) \1\ Nebraska may continue to allow to be operated under 
paragraphs (b)(1) and (b)(2) of this section,\2\ the State of Nebraska 
may allow longer combination vehicles that were not in actual operation 
on June 1, 1991 to be operated within its boundaries to transport sugar 
beets from the field where such sugar beets are harvested to storage, 
market, factory or stockpile or from stockpile to storage, market or 
factory. This provision shall expire on February 28, 1998.
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    \1\ See 1996 Amendment note below.
    \2\ So in original.
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    (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 applicable to commercial motor 
vehicle combinations operating in the State on the highways described in 
subsection (b) of this section. The list shall indicate the applicable 
State laws and regulations associated with the length limitations. If a 
State does not submit the information as required, 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 Register consisting of all information 
submitted under paragraph (1) of this subsection. The Secretary 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 operation of 
commercial motor vehicle combinations 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 necessary to correct inaccuracies 
identified under paragraph (2) of this subsection. After publication 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 Highways and other Federal-
aid Primary System highways designated by the Secretary except as 
published on the list. The list may be combined by the Secretary with 
the list required under section 127(d) of title 23.
    (5) On the Secretary's own motion or on request by any person 
(including a State), the Secretary 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 Construction.--This section may not be 
construed--
        (1) to allow the operation on any segment of the Dwight D. 
    Eisenhower System of Interstate and Defense Highways of a longer 
    combination 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 authorized under State law or regulation or lawful 
    State permit.

    (g) Regulations.--(1) In carrying out this section only, the 
Secretary shall define by regulation 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 
adjustments under subsection (d) of this section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 995; Pub. L. 104-
59, title III, Sec. 312(a)(3), Nov. 28, 1995, 109 Stat. 584; Pub. L. 
104-205, title III, Sec. 352, Sept. 30, 1996, 110 Stat. 2980; Pub. L. 
105-66, title III, Sec. 343, Oct. 27, 1997, 111 Stat. 1449.)

                                          Historical and Revision Notes
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---------------------------------
           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,
 Sec.  411(j); added Dec. 18,
                                                                          1991,
 Pub. L. 102-240, Sec.  4006(a),
                                                                          105 S
tat. 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).
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---------------------------------

    In this section, the word ``property'' is substituted for ``cargo'', 
and the word ``law'' is substituted for ``statute'', for consistency in 
the revised title. The words ``Dwight D. Eisenhower System of Interstate 
and Defense 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 substituted for ``easily 
dismantled or divided'' for clarity.
    In subsection (e)(4), the words ``Except as revised under this 
paragraph or paragraph (5) of this subsection'' are substituted for 
``Except as modified pursuant to subparagraph (B) or (E) of this 
subsection'' for clarity.


                               Amendments

    1997--Subsec. (d)(4). Pub. L. 105-66 substituted ``February 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 executed 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).

                  Section Referred to in Other Sections

    This section is referred to in title 23 sections 127, 141.
