
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31113]

 
                        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. 31113. Width limitations

    (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.

(Pub. L. 103-272, Sec. 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,
 Sec.  416(a), (d), (f); added
                                                                          Apr. 
5, 1983, Pub. L. 98-17, Sec.
                                                                          1(a),
 97 Stat. 59; Oct. 30, 1984, Pub.
                                                                          L. 98
-554, Secs.  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,
 Sec.  416(b), (c); added Apr. 5,
                                                                          1983,
 Pub. L. 98-17, Sec.  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,
 Sec.  416(e); added Oct. 30,
                                                                          1984,
 Pub. L. 98-554, Sec.  103(2), 98
                                                                          Stat.
 2830.
-------------------------------------------------------------------------------
---------------------------------

    In this section, the word ``commercial'' is added before ``motor 
vehicle'' for consistency. 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 subsection (a)(1), before clause (A), the text of 49 App.:2316(f) 
is omitted as obsolete. The word ``prescribe'' is substituted for 
``establish, maintain'' for consistency 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 substituted for 
``revision'' for consistency in the revised title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5112, 31112, 31114 of this 
title; title 23 section 127.
