section 127 of this titlesection 127(d) of this titlesection 31112 of title 49 Each State shall certify to the Secretary before January 1 of each year that it is enforcing all State laws respecting maximum vehicle size and weights permitted on the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System in accordance with . Each State shall also certify that it is enforcing and complying with the provisions of and .
(b)(1)
Each State shall submit to the Secretary such information as the Secretary shall, by regulation, require as necessary, in his opinion, to verify the certification of such State under subsection (b) of this section.
(2)
If a State fails to certify as required by subsection (b) of this section or if the Secretary determines that a State is not adequately enforcing all State laws respecting such maximum vehicle size and weights, notwithstanding such a certification, then Federal-aid highway funds apportioned to such State for such fiscal year shall be reduced by amounts equal to 7 percent of the amount which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b).
(3)
If within one year from the date that the apportionment for any State is reduced in accordance with paragraph (2) of this subsection the Secretary determines that such State is enforcing all State laws respecting maximum size and weights, the apportionment of such State shall be increased by an amount equal to such reduction. If the Secretary does not make such a determination within such one-year period, the amounts so withheld shall be reapportioned to all other eligible States.
(c)
The Secretary shall reduce the State’s apportionment of Federal-aid highway funds under section 104(b)(1) in an amount up to 8 percent of the amount to be apportioned in any fiscal year beginning after , during which heavy vehicles, subject to the use tax imposed by section 4481 of the Internal Revenue Code of 1986, may be lawfully registered in the State without having presented proof of payment, in such form as may be prescribed by the Secretary of the Treasury, of the use tax imposed by section 4481 of such Code. Amounts withheld from apportionment to a State under this subsection shall be apportioned to the other States pursuant to the formulas of section 104(b)(1) and shall be available in the same manner and to the same extent as other Interstate funds apportioned at the same time to other States.
section 4481 of Title 26Section 4481 of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to , Internal Revenue Code.
Prior Provisions
Pub. L. 90–495, § 35(a)82 Stat. 836Pub. L. 91–646, title III, § 30684 Stat. 1907A prior section 141, , , , related to real property acquisition policies, prior to repeal by , , , such repeal becoming effective as to all States after , the date on which sections 4630 and 4655 of Title 42, The Public Health and Welfare, covering similar subject matter, became applicable to all States.
Amendments
Pub. L. 114–942015—Subsec. (b)(2). substituted “paragraphs (1) through (6) of section 104(b)” for “paragraphs (1) through (5) of section 104(b)”.
Pub. L. 112–141, § 1404(d)Subsec. (c). , substituted “section 104(b)(1)” for “section 104(b)(4)” in two places and substituted “8 percent” for “25 per centum”.
Pub. L. 104–59section 154 of this titlesection 106 of this title1995— redesignated subsecs. (b) to (d) as (a) to (c), respectively, and struck out former subsec. (a) which read as follows: “Each State shall certify to the Secretary before January 1 of each year that it is enforcing all speed limits on public highways in accordance with . The Secretary shall not approve any project under in any State which has failed to certify in accordance with this subsection.”
Pub. L. 103–429section 31112 of title 491994—Subsec. (b). substituted “” for “section 411(j) of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(j))”.
Pub. L. 102–240section 127(d) of this title1991—Subsec. (b). inserted at end “Each State shall also certify that it is enforcing and complying with the provisions of and section 411(j) of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(j)).”
Pub. L. 99–5141986—Subsec. (d). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
section 154 of this title“The amendments made by paragraph (1) [amending this section and repealing ] shall be applicable to a State on the 10th day following the date of the enactment of this Act []; except that if the legislature of a State is not in session on such date of enactment and the chief executive officer of the State declares, before such 10th day, that the legislature is not in session and that the State prefers an applicability date for such amendments that is after the date on which the legislature will convene, such amendments shall be applicable to the State on the 60th day following the date on which the legislature next convenes.”
, , , provided that:
Effective Date of 1991 Amendment
Pub. L. 102–240section 1100 of Pub. L. 102–240section 104 of this titleAmendment by effective , and applicable to funds authorized to be appropriated or made available after , and, with certain exceptions, not applicable to funds appropriated or made available on or before , see , set out as a note under .
Not later than the one-hundred-eightieth day after the date of enactment of this section [], the Secretary of Transportation, hereunder referred to as the ‘Secretary’, in consultation with each State shall inventory the existing system of penalties for violations of vehicle weight laws, rules, and regulations on any portion of any Federal-aid system in such State. Each State shall annually thereafter report to the Secretary its current inventory.
“(b)(1)
Not later than the one-hundred-eightieth day after the date of enactment of this section [], the Secretary, in consultation with each State, shall inventory the existing system in such State for the issuance of special permits. Each State shall annually thereafter report to the Secretary its current inventory.
“(2)
For purposes of this subsection, the term ‘special permit’ means a license or permit issued pursuant to State law, rule, or regulation which authorizes a vehicle to exceed the weight limitation for such vehicle established under State law, rule, or regulation.
“(c)
section 141(b) of title 23 Not later than January 1 of the second calendar year which begins after the date of enactment of this section [] and each calendar year thereafter the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives an annual report together with such recommendations as the Secretary deems necessary on (1) the latest annual inventory of State systems of penalties required by subsection (a) of this section; (2) the latest annual inventory of State systems for the issuance of special permits required by subsection (b) of this section; (3) the annual certification submitted by each State required by , United States Code.”