Text: H.R.763 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Introduced in House (02/17/2011)


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[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 763 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 763

 To amend title 23, United States Code, with respect to vehicle weight 
    limitations applicable to the Interstate System, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2011

  Mr. Michaud (for himself and Mrs. Schmidt) introduced the following 
    bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Ways and Means, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, with respect to vehicle weight 
    limitations applicable to the Interstate System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe and Efficient Transportation 
Act of 2011''.

SEC. 2. MODERNIZED WEIGHT LIMITATIONS FOR CERTAIN VEHICLES.

    Section 127 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(i) Additional Exception to Weight Requirements.--
            ``(1) In general.--Notwithstanding subsection (a), a State 
        may authorize a vehicle with a maximum gross weight, including 
        all enforcement tolerances, that exceeds the maximum gross 
        weight otherwise applicable under subsection (a) to operate on 
        the Interstate System routes in the State, if--
                    ``(A) the vehicle is equipped with at least 6 
                axles;
                    ``(B) the weight of any single axle on a vehicle 
                does not exceed 20,000 pounds, including enforcement 
                tolerances;
                    ``(C) the weight of any tandem axle on a vehicle 
                does not exceed 34,000 pounds, including enforcement 
                tolerances;
                    ``(D) the weight of any group of 3 or more axles on 
                a vehicle does not exceed 51,000 pounds, including 
                enforcement tolerances; and
                    ``(E) the gross weight of the vehicle does not 
                exceed 97,000 pounds, including enforcement tolerances.
            ``(2) Special rules.--
                    ``(A) Special exception for certain states.--This 
                subsection shall not apply to any vehicle exceeding the 
                maximum gross weight requirements under subsection (a) 
                which could have operated  lawfully within a State 
                before the date of the enactment of this subsection or 
                otherwise restrict a vehicle that may lawfully operate 
                under another provision of this section.
                    ``(B) Increase in axle weight requirement.--A State 
                may authorize a vehicle to exceed the maximum axle 
                weight requirements under any one axle grouping in 
                subparagraph (B), (C), or (D) of paragraph (1) by not 
                more than 2,000 pounds.
            ``(3) Approval by state legislature.--Any State seeking to 
        authorize a vehicle to operate on the Interstate System routes 
        within its boundaries under paragraph (1) or to increase the 
        maximum axle weight requirements under paragraph (2) shall do 
        so pursuant to authority provided by State by statute.
            ``(4) Reporting requirements.--
                    ``(A) Annual report.--If a State authorizes 
                vehicles described in paragraph (1) to operate on 
                highway routes in the State in a fiscal year, the State 
                shall submit to the Secretary for the fiscal year an 
                annual report at such time, in such manner, and 
                containing such information as the Secretary may 
                require, including, at a minimum, the following:
                            ``(i) An identification of highway routes 
                        in the State, including routes not on the 
                        Interstate System, on which the State 
                        authorizes vehicles described in paragraph (1) 
                        to operate.
                            ``(ii) A description of the operating 
                        requirements and gross vehicle weight limits 
                        applicable to the vehicles described in 
                        paragraph (1).
                            ``(iii) Safety statistics, including 
                        vehicle miles traveled data, concerning the 
                        vehicles described in paragraph (1).
                    ``(B) 5-year assessments.--Following the 5th fiscal 
                year in which a State authorizes vehicle operations 
                described in paragraph (1), and following each 5th 
                fiscal year thereafter, the State shall include in the 
                State's annual report under subparagraph (A) an 
                assessment, developed by the Secretary under 
                regulation, of the impacts that vehicles described in 
                paragraph (1) have had on pavement and bridge 
                maintenance costs incurred by the State in the 
                preceding 5 fiscal years.
                    ``(C) Public availability.--The Secretary shall 
                make all information required under subparagraph (A) 
                and (B) available to the public.
            ``(5) Termination.--The Secretary may terminate the 
        operation of vehicles authorized under this subsection on a 
        specific route if the Secretary determines that such operation 
        poses an unreasonable safety risk based on an engineering 
        analysis or an analysis of safety data or any other applicable 
        data the Secretary may use.
            ``(6) Waiver of highway funding reduction.--Notwithstanding 
        subsection (a), the total amount of funds apportioned to each 
        State under section 104(b)(1) for any period may not be reduced 
        under subsection (a) if the State authorizes a vehicle 
        described in paragraph (1) to operate on the Interstate System 
        in the State in accordance with this subsection or subsection 
        (j).
    ``(j) Vehicles Lawfully Operating on December 1, 2010.--In addition 
to authority otherwise provided to a State under this section, a State 
may permit a vehicle with a gross vehicle weight which could have 
lawfully operated on the Interstate System in the State on December 1, 
2010, to operate on the Interstate System in that State upon enactment 
of this subsection.''.

SEC. 3. SAFE AND EFFICIENT VEHICLE BRIDGE INFRASTRUCTURE IMPROVEMENT 
              PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following new section:
``Sec. 167. Safe and efficient vehicle bridge infrastructure 
              improvement program
    ``(a) Establishment.--The Secretary shall establish a safe and 
efficient vehicle bridge infrastructure improvement program in 
accordance with this section.
    ``(b) Apportionment of Funds to Eligible States.--
            ``(1) In general.--On October 1 of each fiscal year, the 
        Secretary shall apportion, in accordance with paragraph (2), 
        the sums made available out of the Safe and Efficient Vehicle 
        Trust Fund for that fiscal year to carry out this section.
            ``(2) Ratio to eligible states.--The sums made available 
        out of the Safe and Efficient Vehicle Trust Fund shall be 
        apportioned among eligible States in a ratio that--
                    ``(A) the total vehicle miles traveled on 
                Interstate System highways by vehicles authorized to 
                travel on such highways pursuant to section 127(i) in 
                each eligible State, as determined by the Secretary; 
                bears to
                    ``(B) the total vehicle miles traveled on 
                Interstate System highways by vehicles authorized to 
                travel on such highways pursuant to section 127(i) in 
                all eligible States, as determined by the Secretary.
    ``(c) Eligible Projects.--An eligible State that receives an 
apportionment in a fiscal year under subsection (b) shall use the 
amounts of the apportionment for projects eligible for assistance under 
section 144 for bridges determined to be eligible for replacement or 
rehabilitation under subsection (b) or (c) of such section.
    ``(d) Contract Authority.--Funds made available out of the Safe and 
Efficient Vehicle Trust Fund to carry out this section shall be 
available for obligation in the same manner as if the funds were made 
available from the Highway Trust Fund (other than the Mass Transit 
Account).
    ``(e) Eligible State Defined.--In this section the term `eligible 
State' means a State that authorizes a vehicle described in section 
127(i) to operate on the Interstate System within its borders.''.
    (b) Clerical Amendment.--The table of sections of chapter 1 of 
title 23, United States Code, is amended by adding at the end the 
following:

``167. Safe and efficient vehicle bridge infrastructure improvement 
                            program.''.

SEC. 4. SAFE AND EFFICIENT VEHICLE CHARGES.

    (a) In General.--Subsection (a) of section 4481 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following:
``In the case of the use of any highway motor vehicle described in 
section 127(i) of title 23, United States Code, in lieu of the rate in 
the table, the rate shall be equal to the lesser of--
            ``(1) $100 per year, plus $22 for each 1,000 pounds (or 
        function thereof) in excess of 55,000 pounds, or
            ``(2) $800 per year.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable periods beginning after the date of the enactment of this 
Act.

SEC. 5. SAFE AND EFFICIENT VEHICLE TRUST FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 (relating to the trust fund code) is amended by adding at 
the end the following new section:

``SEC. 9512. SAFE AND EFFICIENT VEHICLE TRUST FUND.

    ``(a) Creation of Fund.--There is hereby established in the 
Treasury of the United States a fund to be known as the `Safe and 
Efficient Vehicle Trust Fund', consisting of such amounts as may be--
            ``(1) appropriated to the Safe and Efficient Vehicle Trust 
        Fund as provided in this section, or
            ``(2) credited to the Safe and Efficient Vehicle Trust Fund 
        as provided in section 9602(b).
    ``(b) Transfer to Safe and Efficient Vehicle Trust Fund of Amounts 
Equivalent to Certain Taxes.--There are hereby appropriated to the Safe 
and Efficient Vehicle Trust Fund amounts equivalent to the taxes 
received in the Treasury under section 4481(a) which are attributable 
to the use of any highway motor vehicle described in section 127(i) of 
title 23, United States Code.
    ``(c) Expenditures From Safe and Efficient Vehicle Trust Fund.--
Amounts in the Safe and Efficient Vehicle Trust Fund shall be 
available, as provided by appropriations Acts, for fiscal years 
beginning 1 year after the date of the enactment of this Act for 
projects eligible for assistance under section 144 of title 23, United 
States Code.''.
    (b) Conforming Amendments.--
            (1) Paragraph (1) of section 9503(b) of such Code is 
        amended by striking the period at the end and inserting ``, and 
        taxes received under section 4481 shall be determined without 
        regard to those received in the Treasury under section 4481(a) 
        which are attributable to the use of any highway motor vehicle 
        described in section 127(i) of title 23, United States Code.''.
            (2) The table of sections for subchapter A of chapter 98 of 
        such Code is amended by adding at the end the following:

``Sec. 9512. Safe and Efficient Vehicle Trust Fund.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.
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