Truck Size and Weight; Restrictions on Longer Combination Vehicles and Vehicles With Two or More Cargo-Carrying Units; Final Rule |
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Rodney E. Slater
Federal Highway Administration
13 June 1994
[Federal Register Volume 59, Number 112 (Monday, June 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13774]
[[Page Unknown]]
[Federal Register: June 13, 1994]
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Part II
Department of Transportation
_______________________________________________________________________
Federal Highway Administration
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23 CFR Parts 657 and 658
Truck Size and Weight; Restrictions on Longer Combination Vehicles and
Vehicles With Two or More Cargo-Carrying Units; Final Rule
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Parts 657 and 658
[FHWA Docket Nos. 90-9 and 92-15]
RIN 2125-AC86
Truck Size and Weight; Restrictions on Longer Combination
Vehicles and Vehicles With Two or More Cargo-Carrying Units
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule.
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SUMMARY: The Intermodal Surface Transportation Efficiency Act of 1991
(ISTEA) restricts the operation of longer combination vehicles (LCV's)
on the Interstate Highway System and commercial motor vehicle (CMV)
combinations with two or more cargo-carrying units on the National
Network (NN) to the types of vehicles in use on or before June 1, 1991,
subject to whatever State restrictions were in effect on that date. The
ISTEA also includes special variances from the June 1 date for Alaska,
Ohio, and Wyoming. As required by the ISTEA and based on information
provided by the States, industry, and the public, the final rule lists
applicable limitations by specific vehicle combination, by State, in
effect on June 1, 1991, and does not further restrict the operation of
any vehicle in lawful operation on or before June 1, 1991. This rule
also establishes criteria for States to make minor adjustments to the
list of limitations; defines certain terms, such as ``nondivisible
load,'' ``beverage container,'' and ``maxi-cube'' vehicle; makes
technical amendments to the list of federally-designated routes on the
NN; and makes other minor changes to conform existing regulations to
the ISTEA.
EFFECTIVE DATE: July 13, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Klimek, Office of Motor
Carrier Information Management, at (202) 366-2212 or Mr. Charles
Medalen, Office of the Chief Counsel, at (202) 366-1354, Federal
Highway Administration, Department of Transportation, 400 Seventh
Street SW., Washington, DC 20590. Office hours are from 7:45 a.m. to
4:15 p.m., e.t., Monday through Friday, except legal Federal holidays.
SUPPLEMENTARY INFORMATION: Section 1023 of the ISTEA (Pub. L. 102-240,
105 Stat. 1914, 1951, codified at 23 U.S.C. 127(d)) required States,
within 60 days of the date of enactment, to submit to the Secretary of
Transportation for publication in the Federal Register 30 days
thereafter a complete list of (1) all operations of LCV's being
conducted as of June 1, 1991; (2) State laws, regulations, and any
other limitations and conditions, including routing-specific and
configuration-specific designations governing the operation of LCV's;
and (3) a copy of such laws, regulations, limitations, and conditions.
An LCV is defined in the ISTEA as any combination of a truck tractor
and two or more trailers or semitrailers which operates on the
Interstate System at a gross vehicle weight greater than 80,000 pounds.
Similarly, section 4006 of the ISTEA (49 U.S.C. app. 2311(j))
required the States to submit a complete list of State length
limitations applicable to CMV combinations with two or more cargo-
carrying units in effect on or before June 1, 1991. This section
prohibits States from allowing the operation (by statute, regulation,
permit, or other means) of CMV's with cargo-carrying unit lengths that
exceed the length, by specific configuration, allowed and in actual,
lawful operation on a regular or periodic basis (including continuing
seasonal operation) on the NN in that State on or before June 1, 1991.
The NN is defined in 23 CFR 658.5, and includes the Interstate System,
with minor exceptions, and selected non-Interstate routes. The non-
Interstate NN highways are listed in appendix A to part 658.
Sections 1023 and 4006 provide that no statute or regulation shall
be included on the list submitted by a State or published by the
Secretary merely on the grounds that it authorized, or could have
authorized, by permit or otherwise, the operation of LCV or CMV
combinations not in actual operation on a regular or periodic basis on
or before June 1, 1991.
States may continue to issue special permits, in accordance with
applicable State laws, for those vehicles and loads which cannot be
easily dismantled or divided. A definition of such nondivisible loads
is included in this final rule.
The ISTEA included three narrow exceptions to the June 1, 1991,
freeze date. Wyoming would have been able to allow the operation of
additional vehicle configurations not in actual operation on June 1,
1991, provided they were authorized by State law not later than
November 3, 1992. No additional vehicles were authorized, however, and
accordingly no additional vehicles are included in appendix C over
those listed in the previous two rulemakings on this issue.
Ohio may allow LCV's with three cargo-carrying units of 28.5 feet
each (not including the truck tractor) not in actual operation on June
1, 1991, to be operated within its boundaries on the 1-mile segment of
Ohio State Route 7 which begins at, and extends south of, Exit 16 on
the Ohio Turnpike. Alaska may continue to allow the operation of CMV's
which were not in actual operation on June 1, 1991, but which were in
actual operation prior to July 6, 1991.
A preliminary list of the information provided by the States in
response to sections 1023 and 4006 was published in the Federal
Register as a notice of proposed rulemaking (NPRM) on March 20, 1992
(57 FR 9900). A second proposed list of vehicles and restrictions,
including corrections, clarifications, and additional material
submitted to the docket in response to the NPRM was published as a
supplemental notice of proposed rulemaking (SNPRM) on February 25, 1993
(58 FR 11450). In the NPRM the information provided by the States was
organized into appendices C and D to part 658; in the SNPRM that
information was combined into a single list of vehicles and
restrictions and presented as a new appendix C. The format of the SNPRM
has been retained for the final rule.
In response to publication of the SNPRM, 154 sets of comments were
received from 136 separate entities. The vast majority of those
comments deal with specifics on the information published in the SNPRM,
and they will be discussed under individual topical headings. Four of
the commenters, however, the American Trucking Associations, Inc.
(ATA), the Wyoming Trucking Association, Inc. (WTA), the Alaska
Department of Transportation and Public Facilities, and the Citizens
for Reliable And Safe Highways (CRASH), provided comments concerning
the rulemaking in general, and the philosophy used by the FHWA in
presenting the information. These particular comments provide an
opportunity for the FHWA to explain its approach.
The ISTEA stipulates that the ``final list'' of LCV operational
requirements for each State be published in the Federal Register not
later than 180 days after the date of enactment. That date was June 15,
1992. The lead comment by the CRASH in its docket submission was that
publication of the final list by the FHWA was ``long overdue.'' The
CRASH contends that since the freeze does not take effect until the
Secretary publishes the final list, the FHWA's delay in publication has
prevented the law from taking effect. This in turn means that LCV's may
today be operating on highways from which Congress intended they be
barred. It concludes this comment by stating that the review and
correction process included with the final rule can be used to make
corrections after publication of the rule.
As the FHWA stated in the Supplementary Information section of the
SNPRM, the content of the States' original responses to the ISTEA
request for LCV operational information covered the full range of what
could be supplied, both in terms of items covered and volume of
material. The diversity of the contents of the responses was so great
that the FHWA determined that before any list could be finalized,
increased uniformity both in terms of items covered and the type of
information would be necessary. Thus, despite the likelihood that the
statutory due date for a final rule might be missed, the FHWA
determined that it was in the public's interest to publish a SNPRM
soliciting further public comment on revisions to the initial list. The
FHWA considered publishing a ``final list'' without this additional
public procedure, but believed that the list published at that stage
would have required numerous subsequent changes. We believe that the
intent of Congress in including a correction process was to take care
of relatively minor single-issue situations which may be discovered
after publication of this final rule, not to make wholesale changes in
a State's submission without good cause.
The WTA expressed concern that the interpretations used by the FHWA
in developing this rule have involved many combination vehicles that,
until passage of the ISTEA, were not considered by anyone to be LCV's.
In a similar vein, Alaska commented that the SNPRM ``seeks to
significantly expand the ISTEA legislation and, we believe, severely
constrains the states' abilities to legitimately regulate commercial
traffic within each state.''
This final rule implements two similar, yet separate provisions of
the ISTEA. Section 1023, as discussed earlier, involves LCV's and
includes an LCV definition. The scope of vehicle combinations covered
by this section is narrow. The definition requires that an LCV
combination include a truck tractor, which by previous congressional
action (section 411(f), Surface Transportation Assistance Act (STAA) of
1982) is defined as a noncargo-carrying power unit and two or more
trailers or semitrailers. The combination must operate on the
Interstate System, and its gross vehicle weight must be in excess of
80,000 pounds. The vehicles listed in appendix C as a result of this
statutory definition include only what might best be described as the
``traditional'' LCV's, that is, the ``Rocky Mountain'' and ``Turnpike''
Doubles and the ``Triple.'' Under the definition of LCV provided by the
ISTEA, it is true that the State of Alaska has no LCV's because it has
no Interstate System mileage in the sense used in the ISTEA; that is,
Alaska does not have Interstate System mileage designated under 23
U.S.C. 103(e), 139(a), or 139(b). Accordingly, all references to LCV's
for Alaska have been deleted from this final rule.
Alaska does, however, have mileage that is part of the NN. Section
4006 of the ISTEA requires the FHWA to include in the final list ``any
commercial motor vehicle combination * * * with 2 or more cargo
carrying units.'' A ``cargo-carrying unit'' is defined as ``any portion
of a commercial motor vehicle combination * * * used for carrying
cargo, including a trailer, semitrailer, or the cargo carrying section
of a single unit truck.'' While section 1023 is relatively narrow in
scope, section 4006 has very widespread applicability. If, as the WTA
contends, vehicles not previously considered to be LCV's are covered by
this final rule, it is because of section 4006. This section is also
the reason that vehicles are listed in appendix C for Alaska. Thus,
vehicles not previously considered LCV's are included in this final
rule, because the statute applies to more than just LCV's.
The ATA expressed concern that the FHWA's attempt to organize the
vehicles subject to the freeze into four basic categories requires the
FHWA to go beyond the role established for it in the ISTEA. The ATA
contends that the ISTEA limits the role of the Secretary to reviewing
for accuracy and publishing State information and that the
categorization made by the FHWA involves the interpretation of State
laws and regulations. Similarly, Alaska commented that the nomenclature
used in designating the four basic categories ``is not universally
acceptable.'' The categories used in appendix C, as included in the
SNPRM, were (1) Rocky Mountain Doubles, (2) Turnpike Doubles, (3)
Triples, and (4) Other. These names were chosen in an attempt to
describe the vehicles covered by the freeze in terms commonly used in
the trucking industry. Since there is no industry-wide or statutory
definition for categories 1, 2, or 3, a degree of confusion remained as
to just what vehicle combinations were covered, especially by
categories 1 and 2.
The ISTEA required the FHWA to list vehicles by ``configuration
type'' (section 1023) or ``specific configuration'' (section 4006). In
creating the basic configuration categories used in the NPRM and SNPRM,
the FHWA believed it had to go beyond just publishing State-submitted
information. For example, many States do not differentiate between a
``Rocky Mountain'' and ``Turnpike'' Double in the statutes or
regulations which authorize their operation. Typically, these States
allow a truck tractor-semitrailer-trailer, or a truck tractor and two
trailing units where each trailing unit can be up to some maximum
length. Interpretations were required to develop the maximum parameters
that would apply if the State did differentiate by vehicle type.
The FHWA has re-examined the meaning of ``configuration,'' however,
and determined that there is no statutory requirement to classify
vehicle combinations according to industry usage.
In order to reduce confusion and simplify the description of
vehicles covered by the freeze, the vehicles described in appendix C of
this final rule have therefore been regrouped into three categories:
(1) Truck tractor and two trailing units, (2) Truck tractor and three
trailing units, and (3) Other. This preserves the freeze required by
the ISTEA without limiting the discretion allowed by some States before
June 1, 1991.
Vehicles Submitted by States but Excepted From or Not Subject to
Section 4006 of the ISTEA
In preparing the March 20, 1992, NPRM and the February 25, 1993,
SNPRM, the FHWA decided not to include certain vehicle combinations
submitted by the States, which it determined Congress did not intend to
include in the ISTEA freeze. No additional information regarding
conditions, routes, or authority to operate these vehicles was
required. In addition to describing the categories of vehicles proposed
for exemption, a detailed listing by State of the vehicles submitted
but exempted was contained in the SNPRM.
In its comments, the ATA urged the FHWA to include in the
regulatory language of the final rule the list of exempted vehicles
included in the preamble to the SNPRM. The basis for the ATA's
suggestion was ``to ensure that only the vehicles intended by Congress
are restricted and to help clarify the intent of the restriction for
enforcement and judicial purposes.'' The ATA's proposal was to include
the list of excepted vehicles in an expanded definition of LCV in the
final rule.
The categories of multiple cargo unit vehicles exempted from
coverage by the freeze include: (1) Truck tractor-semitrailer-trailer
and truck tractor-semitrailer-semitrailer combinations with a maximum
length of the individual cargo units of 28.5 feet or less, (2)
conventional automobile and boat transporters with an overall length of
65 feet or less, (3) stinger-steered automobile and boat transporters
with an overall length of 75 feet or less, (4) truck-trailer and truck-
semitrailer combinations with an overall length of 65 feet or less, (5)
maxi-cubes, (6) most tow trucks with vehicles in tow, and (7)
combination vehicles which include a truck tractor containing a
dromedary box, deck, or plate, and one semitrailer or trailer. With
respect to the dromedary equipped vehicle exclusion, strict
interpretation of ISTEA section 4006 would include this equipment under
the freeze. By its function, a dromedary box, deck, or plate is a
cargo-carrying unit. When combined with a semitrailer, the result is
technically a combination with two cargo-carrying units, thus
subjecting the combination to the freeze. However, dromedary equipped
truck tractors in actual operation on December 1, 1982, are
grandfathered under Sec. 658.13(f), causing a combination consisting of
one of these units and a semitrailer to be considered as simply a truck
tractor-semitrailer under the provisions of part 658. Dromedary
equipped semitrailer combinations are a minor segment of the industry
which probably escaped the notice of Congress, and which would require
a good deal of additional time and effort to list. Should States or
carriers try to evade the ISTEA freeze mandate by expanding the size of
these unlisted combinations, the FHWA may have to initiate rulemaking
to close this loophole.
The exclusion information is codified by this final rule at
Sec. 658.23(b)(1) through (b)(5). The list of exempted vehicles by
State included in the SNPRM has not been codified, however, because of
the likelihood that it is not a complete list. The original instruction
to the States about these vehicles was to submit anything they thought
might be covered by the freeze. Since the effect of ATA's comment would
be to exempt only those vehicle combinations listed, some States could
be penalized in terms of allowing certain vehicles simply because they
reviewed the guidelines and made a decision that certain vehicles were
not involved in the freeze coverage.
The definition of LCV used throughout this proceeding is that
established in the ISTEA. In the interest of avoiding confusion with
respect to terminology, the FHWA will not amend the LCV definition at
this time.
Documentation of Actual Operation
Under the terms of ISTEA section 1023, an LCV may continue to
operate only if on or before June 1, 1991, the specific configuration
was (1) legally allowed in the State and (2) was in actual lawful
operation on a regular or periodic basis. Under section 4006, the
overall length of two or more cargo-carrying units used in a specific
configuration may not exceed the length allowed by State law, and in
actual lawful operation on a regular or periodic basis, on or before
June 1, 1991. If a specific multi-trailer configuration was authorized
by State statute or regulation, but not in actual lawful operation on a
regular basis on or before June 1, 1991, it may not now be put into
service.
All of the vehicles listed in appendix C meet the requirements for
continued operation set forth in ISTEA sections 1023 and 4006.
The information on these vehicles which the States supplied in
response to the ISTEA, the March 20, 1992, NPRM and the February 25,
1993, SNPRM, satisfies the legal requirement for operation, i.e.,
authorized by State law. In a similar manner, various commenters,
responding to a request contained in the SNPRM, have documented the
actual operation on a regular or periodic basis of the vehicle
combinations listed.
The SNPRM requested information, from any source, to show the
actual operation of vehicles described in appendix C. While a copy of
the special permit under which operations occurred was listed as the
preferred means of satisfying the documentation requirement, any item
which could support operation of these vehicles would be considered as
acceptable.
In an early response to the docket, the ATA expressed concern that
the FHWA was placing a ``tremendous burden on State DOT's and the
trucking industry to satisfy a totally new requirement in a very short
time period.'' The SNPRM allowed for a 45-day comment period with April
12, 1993, as the docket closing date. The ATA also stated that ``(i)t
is unlikely that two year old copies of the actual permit will be
available,'' and that working with the permit issuing offices in each
State to locate these records would ``no doubt be a very time consuming
and cumbersome process.'' As an alternative, the ATA suggested that the
FHWA allow the submission of an affidavit from a carrier and/or State
agency to satisfy the documentation requirement, and further that a
time extension be granted to allow appropriate review and certification
of these documents, if allowed. A request for a time extension for the
docket was also received from the WTA and Coastal Chem Sales Company of
Cheyenne, Wyoming. The need to accurately comply with the actual
operation documentation requirement was given as the reason for the
request.
In its comments, the CRASH stated that the proof requirement
contained in the SNPRM was ``far too broad, and (could) easily lead to
mistake or fraud.'' That organization argued that anything less than
``verifiable documentary evidence created and dated on or before June
1, 1991, specifically detailing the vehicle length, weight,
configuration and routes traveled'' would fail to comply with ISTEA
requirements.
In reviewing the time extension requests, the FHWA agreed that more
time was needed to help assure that accurate and complete documentation
information, including affidavits, was submitted to the docket. On
April 14, 1993, a 45-day extension of the comment period, to May 27,
1993, was published in the Federal Register at 58 FR 19367. The type of
information the CRASH argued the FHWA should require appears to exceed
the documentation most States demand of LCV operators. It would distort
the purpose of the ISTEA freeze to ban certain vehicles or routes
simply because the States lacked the foresight to issue permits that
met the maximum possible data requirements of a Federal law not yet
enacted.
An affidavit made by an individual familiar with the issue at hand
is both reasonable and within the documentation parameters established
by the SNPRM. The authenticity of any document proposed as evidence to
support activity occurring over 2\1/2\ years ago could be challenged by
any party. Of the possible items of documentation which could be
submitted, a notarized affidavit may be the least susceptible to
alteration. It represents an individual's witnessed, sworn statement.
An affidavit could, of course, be fraudulent, and the FHWA would be
reluctant to take regulatory action based solely on an affidavit
without other support. In fact, however, affidavits are merely one kind
of information which the FHWA has combined with other types of
documentation to demonstrate the operation of vehicles that State law
and/or regulation allows. In addition, section 1023(c) of the ISTEA
amended 23 U.S.C. 141(b) by adding at the end the following sentence:
``Each State shall also certify that it is enforcing and complying with
the provisions of section 127(d) of this title and section 411(j) of
the Surface Transportation Assistance Act of 1982 (49 U.S.C. App.
2311(j))'' (emphasis added). Additional discussion of the certification
change is contained elsewhere in this document. However, for this
discussion the statement means that if a State is found not to be
complying with the ISTEA LCV requirements, it will be subject to
Federal-aid highway funding sanctions involving millions of dollars
annually.
Documentation of operation of the vehicles listed in appendix C for
each State was provided to the docket by the following sources. All
original submissions are filed in docket number 92-15.
Alaska: Five carriers, State Department of Commerce and Economic
Development
Arizona: Seven carriers, one shipper, State Department of
Transportation (DOT)
Colorado: Seven carriers, State DOT
Florida: Three carriers, three private fleets
Hawaii: One private fleet, State DOT
Idaho: Fifteen carriers, six private fleets, one agricultural
cooperative, one owner-operator, State DOT
Indiana: Five carriers, State DOT
Kansas: Five carriers, one private fleet, State DOT, State Turnpike
Authority
Massachusetts: Two carriers, State Turnpike Authority
Michigan: State DOT
Mississippi: State DOT
Missouri: Three carriers, State Highway & Transportation Department
Montana: Ten carriers, one shipper, five private fleets, one owner-
operator, State DOT
Nebraska: State Department of Roads
Nevada: Thirteen carriers, one shipper, one private fleet, one
agricultural cooperative, one owner-operator
New Mexico: One carrier, State Taxation and Revenue Department
New York: Two carriers, State Motor Truck Association, State DOT,
State Thruway Authority
North Dakota: Four carriers, four private fleets, State DOT
Ohio: Four carriers, State Turnpike Commission
Oklahoma: Nine carriers, four private fleets
Oregon: Fourteen carriers, three private fleets, one agricultural
cooperative, State DOT
South Dakota: Four carriers, one shipper, three private fleets,
State Trucking Association, State Highway Patrol, State DOT
Utah: Sixteen carriers, one shipper, three private fleets, one
agricultural cooperative, one owner-operator, State Motor Truck
Association, State DOT
Washington: Five carriers, one shipper, two private fleets, one
agricultural cooperative, one owner-operator, State DOT
Wyoming: Six carriers, two shippers, four private fleets, one owner-
operator, three individuals, State DOT
The following vehicle combinations included in the SNPRM, or
comments thereto, have not been included in appendix C for the reasons
given.
California: ``Triple,'' including a 28-foot semitrailer, two 28-
foot trailers, an overall length of 107.4 feet, and a maximum gross
vehicle weight of 111,000 pounds. ``Rocky Mountain Double,''
including a 48-foot semitrailer, a 28-foot trailer, an overall
length of 93.2 feet, and a maximum gross vehicle weight of 106,850
pounds. ``Turnpike Double,'' including a 48-foot semitrailer, a 48-
foot trailer, an overall length of 116.7 feet, and a maximum gross
vehicle weight of 122,650 pounds.
Two permits were issued by the California Department of
Transportation (Caltrans) for ``Triples'' at the request of the
California legislature in 1971 in order to conduct a test to evaluate
the possible allowance of ``Triples'' in California. In 1983, permits
were issued to allow the operation of the above described vehicle
combinations in order to conduct an over the road test of these
vehicles. The State, in its comments, points out that the 1983 tests
were conducted, in part, to assist the FHWA in its study of the costs
and benefits of a national intercity LCV route network.
Based on these two occurrences, California claims the right to
issue permits for good cause for the future operation of these vehicles
up to the limits stated.
The FHWA has rejected California's claim because it fails to meet
the standard for ``regular or periodic'' use established by Congress in
writing the ISTEA. According to the Conference Report on the ISTEA
(H.R. Conf. Rep. No. 404, 102d Cong., 1st Sess. 314 (1991)), ``Use of
an LCV on only one or two occasions pursuant to a special permit would
not provide a basis for satisfactorily certifying grandfather rights or
operations under this subsection.'' Clearly the California situation
falls within the scope of the congressional guidance. ``Triples'' were
allowed twice, for very brief periods 12 years apart, the last being
more than 10 years ago. ``Turnpike Doubles'' and ``Rocky Mountain
Doubles'' were authorized only once, over 10 years ago, during a single
5-day period. These occurrences do not constitute ``regular or
periodic'' use.
Connecticut: Vehicle and trailer for carrying poles, lumber,
piling, or structural units.
No documentation was received in the docket to support the actual
operation of this vehicle on or before June 1, 1991. This vehicle was
originally included because it appeared to meet the LCV or extra-length
multi-unit commercial vehicle requirements. This vehicle is made up of
a truck tractor and a dolly unit. Since the weight of a cargo, for
example utility poles, is carried partially by the truck tractor and
partially by the dolly unit, the argument might be made that this
vehicle has two cargo-carrying units.
In fact, the load and rear dolly combine to create a de facto
semitrailer. Truck tractor-semitrailers are not subject to the freeze.
Delaware: Truck tractor-semitrailer-trailer, with a cargo-
carrying length of 62 feet.
No documentation was received in the docket to support the actual
operation of this vehicle on or before June 1, 1991. The initial
submission by Delaware, to satisfy the LCV freeze requirements,
indicated that the listed combination was allowed by State law wherein
each trailing unit could be up to 29 feet long. The 62-foot length was
derived by adding 4 feet for interunit spacing to the twin 29-foot
dimension. Due to the de-listing of a vehicle combination with twin 29-
foot units, the maximum length of any one unit in a multi-unit
combination vehicle reverts to 28.5 feet, that allowed by the STAA of
1982.
Louisiana: ``Rocky Mountain Double-LCV,'' with a cargo- carrying
length of 75 feet.
No documentation was received in the docket to support the actual
operation of this vehicle on or before June 1, 1991. The initial
submission by Louisiana, to satisfy the LCV freeze requirements,
indicated the listed combination was allowed by State law wherein each
trailing unit could be up to 30 feet long. The 75-foot length was
derived by adding the maximum interunit spacing allowed by State
regulation of 15 feet to the twin 30-foot dimension. Due to the de-
listing of a vehicle combination with twin 30-foot units, the maximum
length of any one unit in a multi-unit combination vehicle reverts to
28.5 feet, that allowed by the STAA of 1982.
New Hampshire: Truck-trailer combination with a cargo-carrying
length of 85 feet.
No documentation was received in the docket to support the actual
operation of this vehicle on or before June 1, 1991. The initial
submission by New Hampshire, to satisfy the LCV freeze requirements,
indicated the listed combination was allowed because State law does not
prohibit a straight truck of up to 40 feet long from pulling a trailer
that may be up to 48 feet long. Due to the de-listing of the described
vehicle combination, the maximum cargo-carrying length of any truck-
trailer combination on NN highways reverts to 58 feet. This length is
derived by subtracting 7 feet for the cab from the 65-foot overall
length for this combination allowed by this rule without a requirement
to document actual operations. Off the NN, the maximum lengths allowed
by State law continue to apply.
List of ISTEA Vehicle Operations and Conditions
In addition to the lists of vehicle configurations, the ISTEA also
required each State to submit a copy of all its statutes, regulations,
limitations, and conditions which apply to the operation of each of the
LCV's or extra-length vehicles reported as in use on or before June 1,
1991.
The content of the States' original responses to this request
covered the full range of what could be supplied, both in terms of
items covered and volume of material. The diversity of the contents of
the responses was so great that the FHWA determined that before any
list could be finalized, increased uniformity would be necessary. One
of the subheadings for each LCV or extra-length vehicle described in
the NPRM was ``Operational Conditions.'' The information in the NPRM
was taken directly from the initial State responses to the LCV
information request contained in the ISTEA, regardless of content. In
those cases where another document was referenced, the FHWA attempted
to summarize that document. Because of the differences in State-
provided responses, there was little consistency as to coverage or
depth. Therefore, in addition to asking for comments, the NPRM also
asked the States and all other sources, including industry trade
groups, either to reformat existing information, or to provide new
information following a suggested format. Those States which allow
LCV's or extra-length vehicles were requested to provide the
operational condition information in the following subheadings: WEIGHT,
DRIVER, VEHICLE, PERMIT, and ACCESS.
The information included in the SNPRM reflected the States' and
other responses to the NPRM request.
The SNPRM included specific vehicle descriptions for 30 States.
Comments were received concerning those descriptions for 23 States. The
vehicle descriptions included in appendix C to part 658 by this final
rule have been modified, where appropriate, by comments received and by
the change in categories described earlier. Comments, changes, and
corrections made to appendix C information will be discussed by State,
by subheadings, in the same order that they appear in appendix C:
STATE NAME
COMBINATION:
LENGTH OF THE CARGO-CARRYING UNITS:
MAXIMUM ALLOWABLE GROSS WEIGHT:
OPERATIONAL CONDITIONS:
WEIGHT:
DRIVER:
VEHICLE:
PERMIT:
ACCESS:
ROUTES:
LEGAL CITATIONS:
OTHER COMMENTS:
Other comments considered, that did not result in a change, will be
discussed at the end. Any heading not included in the discussion means
that the information included in the SNPRM was accurate, and the same
information has been included in appendix C as published by this final
rule.
Alaska
OPERATIONAL CONDITIONS:
WEIGHT: The State DOT commented that the weight restriction
discussion in the SNPRM for Alaska should not apply because the section
1023 freeze applies only to the Interstate System, and Alaska does not
have Interstate System mileage designated under 23 U.S.C. 103, 139(a),
or 139(b). The FHWA agrees with this comment. Accordingly, the weight
condition for each vehicle described has been revised to indicate that
a carrier has to be in compliance with State laws and regulations and
does not list maximum weight limit values. In addition, because LCV's,
as defined in the ISTEA, do not operate in Alaska due to the lack of
Interstate System mileage, the ``LCV'' notation previously included by
the combination description has been removed.
VEHICLE: The State indicated that the hours of operation for three
trailing unit combinations are established by permit and not by
regulation. Accordingly, this has been removed from the ``VEHICLE''
discussion.
PERMIT: The SNPRM noted that permits were required for divisible
loads. The State commented that this was incorrect. Permits are only
required for nondivisible loads.
OTHER COMMENTS:
The CRASH stated that Alaska Administrative Permit Manual Section
11.6 provides that ``all oversize or overweight vehicles not in convoy
shall maintain a minimum distance of 800 to 1,500 feet from any other
oversize vehicle or vehicle with load and pilot car traveling in the
same direction on the same highway in rural areas.'' Since Alaska is
not contiguous to any other State this type of information would be of
little use to any out-of-State trucker. Any vehicle requiring a permit
would be subject to the Alaska permit rules which would be given to the
driver when the permit was obtained. Therefore, in view of its limited
usefulness in terms of general information, we will not add this
provision to appendix C.
Section 4006(a) of the ISTEA provides that Alaska ``may allow
operation of commercial motor vehicle combinations which were not in
actual operation on June 1, 1991, but which were in actual operation
prior to July 6, 1991.'' Verification has been furnished that
``Triples'' with trailers not over 45 feet in length were in actual
operation under permit prior to July 6, 1991. The CRASH believes that
the operation of ``Triples'' after June 1, 1991, was authorized only on
an experimental basis as provided in 17 AAC 25.106(b)(4). However, the
ISTEA allows the continued operation of any combinations put into
service between June 2 and July 5, 1991, without further condition.
Therefore, ``Triples'' may continue to operate, as indicated in
appendix C.
The State advised that under Alaska regulations, a truck tractor
equipped with a dromedary box is defined as not being cargo carrying.
Dromedary boxes do in fact carry cargo. However, for the reasons given
above, the FHWA has decided for the time being not to list the cargo-
carrying length of dromedary tractor-semitrailer combinations.
The State indicated that an additional route, AK-1 from Palmer-
Wasilla Highway Junction to Wishbone Hill Coal Access Road, must be
added to Alaska's routes chart under the caption for ``Rocky Mountain
Double-LCV'' (58 FR 11467) of the SNPRM. However, this is incorrect
because the freeze on vehicle length is applicable only on the NN, and
this is not an NN route. The State is free to regulate the size and
weight of vehicles off the NN as it sees fit.
ARIZONA
LEGAL CITATIONS:
The CRASH stated that Arizona statute ARS 28-1011.N should not be
shown as authority for permitting overweight vehicles on the NN since
it only covers the issuance of permits on other than NN routes. We
agree, since the provisions of Section 4006 of the ISTEA apply only to
vehicles on the NN. Therefore, ARS 28-1011.N has been deleted from the
``Legal Citations'' for Arizona in appendix C.
OTHER COMMENTS:
The CRASH stated that the legal size for ``Rocky Mountain Doubles''
is 90 feet, and not 92 feet as shown in proposed appendix C contained
in the SNPRM. Arizona statute ARS 28-1011.A provides that the Arizona
DOT may issue oversize permits for vehicles exceeding otherwise
applicable length limits on the State highway system. Further, the
change in categories from those listed in the SNPRM makes this a moot
point insofar as the final appendix C is concerned.
The CRASH stated that the State may not issue ``verbal policy
directives'' authorizing overlength vehicles. It adds that the State
appears to be violating its own statutes. The question cannot be
resolved in this proceeding but the FHWA will investigate the issue in
connection with Arizona's certification of compliance with 49 U.S.C.
app. 2311(j).
The CRASH also stated that weight limits for LCV's on US 89A and I-
15 cannot be determined under ARS 28-1011.N. The FHWA agrees. Since the
ISTEA freezes the weight of LCV's only on the Interstate System, we
will not further consider weight limits on US 89A. The State indicated
that the maximum allowable weight limits for all LCV's on the
Interstate System is 111,000 pounds, except for ``Triples,'' which it
said are subject to a maximum allowable weight of 123,500 pounds. The
111,000-pound maximum weight limits are specifically authorized under
ARS 28-1011.M, and higher maximum weights may be authorized under ARS
28-1011.A on the State highway system. Since the State indicated that
the highest weight authorized for ``Triples'' on or before June 1,
1991, was 123,500 pounds, that value is retained in appendix C.
COLORADO
LENGTH OF THE CARGO-CARRYING UNITS:
Appendix C in the SNPRM showed the cargo-carrying length for
``Rocky Mountain Doubles'' in Colorado as 85 feet, for ``Turnpike
Doubles'' 95 feet, for ``Triples'' 95 feet, and for truck-trailer
combinations as 78 feet. However, on June 1, 1991, the State actually
allowed one of the trailing units in ``Rocky Mountain Doubles'' to be
up to 48 feet long and the other up to 28 feet 6 inches long, with not
over 15 feet of hitch between the two units, or a total cargo-carrying
length of 91.5 feet. The State also allowed ``Turnpike Doubles'' to
have two trailers of approximately equal length, not to exceed 48 feet
each, with a hitch not to exceed 15 feet in length. The resulting
cargo-carrying length becomes 111 feet. Revised appendix C has been
changed to reflect these values.
The State allowed ``Triples'' to have three trailing units, not to
exceed 28.5 feet, with a 15-foot hitch between the trailing units.
Appendix C has been changed to a cargo-carrying length of 115.5 feet to
reflect this.
OPERATIONAL CONDITIONS:
PERMIT: The State requested that a new sentence be added after the
first sentence under the ``Permit'' provisions for ``Rocky Mountain
Doubles'' in appendix C as follows: ``Also, the vehicle must purchase
an overweight permit pursuant to C.R.S. 42-4-409(11)(a)(II)(A), (B), or
(C), and comply with Rule 4-15 in the rules pertaining to Extra-Legal
Vehicles or Loads.'' The State also commented that the time
restrictions on the operation of ``Rocky Mountain Doubles'' in the next
sentence should be changed from 7 a.m. to 6 a.m. and from 4 p.m. to 3
p.m. and that the sentence in parentheses should read as follows:
``('Rocky Mountain' doubles not operating at greater than the legal
maximum weight of 80,000 pounds are subject to different hours of
operation restrictions. Refer to rules pertaining to the Operation of
Longer Vehicle Combinations on Designated State Highway Segments).''
The CRASH said motor carriers that operate ISTEA vehicles must have an
established safety program as provided in Chapter 9 of the Colorado
Department of Highways Rules and Regulations for Operation of Longer
Vehicle Combinations on Designated State Highway Segments. Elements of
the program include compliance with minimum safety standards at 8 CCR
1507-1; hazardous materials regulations at 8 CCR 1507-7, 8, and 9;
Colorado Uniform Motor Vehicle Law, Articles 1 through 4 of Title 42,
C.R.S., as amended; and Public Utility Commission's regulations at 4
CCR 723-6, 8, 15, 22, and 23. Revised appendix C includes these
changes.
ROUTES:
Appendix C in the SNPRM indicated routes on which ``Rocky Mountain
Doubles'' could travel as ``National Network routes except that LCV's
may not operate on I-70 from Exit 90 to Exit 259.'' However, the State
indicated that they essentially may operate only on the Interstate
System. Appendix C has been amended accordingly.
LEGAL CITATIONS:
The State said that in the ``Legal Citations'' for ``Rocky Mountain
Doubles,'' 42-4-407(1)(C)(III)(A), should be corrected by changing the
capital ``C'' to a small ``c.'' It also said that provisions following
this citation should be deleted and the following added: ``LVC's must
comply with Longer Vehicle Combination Rules and the Extra-Legal
Vehicles or Load Rules. However, when the rules address the same
subject, the LVC, since it is operating at greater than 80,000 pounds,
must comply with the Extra-Legal Vehicles or Loads Rules. Such rules
are: 4-1-2 and 4-1-3 concerning holiday travel restrictions, 4-1-5
concerning hours of operation restrictions, 4-8 concerning minimum
distance between vehicles and 4-15 concerning maximum allowable gross
weight.'' These changes have been made.
OTHER COMMENTS:
The State pointed out that no maximum gross weight is shown in
connection with the truck-trailer combination listed in appendix C.
This is correct because a truck-trailer combination is not an LCV as
defined in the ISTEA since it is not a combination of a truck tractor
and two or more trailers or semitrailers. Therefore, its maximum weight
on the Interstates is not frozen as of June 1, 1991, but remains as
provided in 23 U.S.C. 127(a). The listing for this combination has been
changed in appendix C by adding ``WEIGHT'' as a separate category under
``Operational Conditions'' and indicating that the vehicle must be in
compliance with State laws and regulations.
The State also noted that ``Rocky Mountain Doubles'' could operate
from milepoint 8.9 to milepoint 9.7 on State Highway 133 in Delta.
However, as this is not on the Interstate System or the NN, the ISTEA
freeze provisions do not apply. Accordingly, the route is not listed in
the vehicle descriptions. The CRASH said that prior to June 1, 1991,
``Rocky Mountain Doubles'' could operate on I-70 from the Utah State
Line only to State Highway 65 (Exit 49). In fact, the route was
extended from State Highway 65 to State Highway 13 (Exit 90) on April
5, 1990. Since this was prior to June 1, 1991, ``Rocky Mountain
Doubles'' may continue to operate from the Utah State Line to State
Highway 13 (Exit 90) after that date.
The State also commented that the freeze on the operation of LCV's
on the Interstate System and the freeze on the operation of CMV's with
two or more cargo-carrying units on the NN may create administrative
and enforcement problems. However, it also recognized that this arises
from the ISTEA and cannot be changed in this proceeding.
FLORIDA
COMBINATION:
The State commented that Florida law and rules contain no
references to ``Rocky Mountain Doubles'' and that all references to
them in appendix C should be deleted. The revision of the categories
used in appendix C, as presented by this final rule, addresses the
State's concern over nomenclature.
OTHER COMMENTS:
Florida commented that the 106-foot length previously given for
``Turnpike Doubles,'' now shown for a truck tractor and two trailing
unit combination, is incorrect. The maximum length should be 116 feet.
The 116-foot dimension is the maximum overall vehicle length
established by State regulation. Appendix C is a listing which includes
maximum cargo-carrying length. The convention used throughout this
rulemaking is that, in the absence of any information to the contrary,
cargo-carrying length for a truck tractor combination is the maximum
overall length minus 10 feet. Thus, 106 feet remains the cargo-carrying
length value for Florida's truck tractor and two trailing unit
combination.
The State also expressed concern over the fact that the vehicles
listed for Florida are not considered LCV's as provided in the ISTEA
definition, because the route on which they operate, Florida's
Turnpike, is not part of the Interstate System. The State made the
point that the twin-trailer combinations which operate on the Florida
Turnpike match the configuration and weight criteria for LCV's, and
only an administrative action, whether or not the Turnpike is part of
the Interstate System, keeps them from being designated as such.
Until the ISTEA was enacted, the meaning of the term LCV differed
from one region to another, and sometimes depended on the commodity
being transported. By providing a definition of LCV, Congress has
provided a basis for describing these combinations on a national basis.
Any combination which does not meet all of the criteria, including
operation on the Interstate System, is not to be considered an LCV.
IDAHO
OTHER COMMENTS:
The CRASH stated that the SNPRM omitted the provisions for time-of-
travel restrictions for overlegal loads published in Idaho
Transportation Department Rule 39.C.11.5, and the requirement that an
applicant for a permit certify that the load is indivisible. These
restrictions apply only to nondivisible loads as indicated in Rule
39.C.11.4.c. There are no time-of-day restrictions for Extra-Length
Vehicle Combinations operating under permits issued pursuant to Rule
39.C.22. The CRASH also indicated that time-of-travel restrictions
applied to overweight loads under Rule 39.C.11.5. Although the rule is
entitled ``Time of Travel Restrictions for Overlegal Loads,'' the text
deals only with ``oversize'' loads. The CRASH said that the SNPRM
omitted seasonal weight limits in Rule 39.C.14. The Rule simply
provides that such limits will be posted. Therefore, they are in the
same category as speed limits or other general restrictions that all
vehicles must observe.
The ``Dromedary tractor semitrailer'' combination listed in the
SNPRM has been removed from appendix C due to the exclusion of such
combinations from the list as discussed earlier. The ``Dromedary
tractor semitrailer trailer'' combination has also been removed from
appendix C due to the dromedary equipment exclusion. This vehicle is
covered by the listing for the truck tractor and two trailing unit
LCV's.
INDIANA
OPERATIONAL CONDITIONS:
VEHICLE: The CRASH commented that the SNPRM omitted several
equipment requirements for all LCV combinations including those for
emergency equipment, safety chains, lights, reflectors, and for three
trailing unit combinations, spray-suppressant mud flaps. All of these
items have been added to appendix C.
PERMIT: The CRASH indicated that maximum speed and the State wind
operational restrictions were omitted from the permit discussion. These
have been added.
OTHER COMMENTS:
The CRASH also commented that the State 3-inch sway limitation was
not included in the SNPRM. The requirement was, in fact, included in
the SNPRM and has been retained in this final rule.
KANSAS
MAXIMUM ALLOWABLE GROSS WEIGHT:
The State commented that the maximum allowable gross weight listed
for ``Triples'' in the SNPRM was incorrectly listed as 110,000 pounds
and that the value should instead be 120,000 pounds. The 110,000-pound
limit applies only to three trailing unit operations on I-70 between
the Colorado State Line and Goodland. The Kansas Turnpike allows these
combinations to operate at 120,000 pounds. This change has been made in
appendix C.
OPERATIONAL CONDITIONS:
Under the Operational Conditions described for ``Triple--LCV'' in
the SNPRM, the phrase at the beginning of the section ``called special
vehicle combinations (SVC's) in Kansas,'' has been deleted in appendix
C at the request of the State. The term ``SVC'' applies only to
operations on I-70 between the Colorado State Line and Goodland. It
does not apply on the Turnpike.
DRIVER: At the request of the State, the wording has been corrected
to accurately differentiate between SVC operations and operations on
the Turnpike.
VEHICLE: The CRASH commented that vehicle equipment requirements
concerning lateral movement in the travel lane and anti-spray devices
were not included in the SNPRM for SVC operations. Both items are now
included in appendix C.
PERMIT: The CRASH commented that the permit discussion for SVC
operations did not include the requirement to have insurance coverage
of certain amounts. Appendix C has been changed to reflect the
requirement to have insurance coverage, however, the amounts are not
included in appendix C. The amount of insurance coverage is not an item
that is directly related to the size and weight of LCV's.
ACCESS: SVC access was not included in the SNPRM because SVC
operations were not included. Appendix C now includes SVC access
provisions according to comments provided by the State.
ROUTES:
I-70 in Western Kansas: Kansas allows SVC's on the short segment of
I-70 from Goodland to the Colorado State line. Kansas submitted this
information and it was published in the NPRM. The FHWA subsequently
learned that SVC operations began on that route only on May 31, 1991,
the day before the June 1 freeze date.
The ISTEA provides that LCV's (including SVC's) must have operated
``on a regular or periodic basis'' on or before June 1, 1991 (23 U.S.C.
127(d)(1)(A)). According to the ISTEA conference report:
To be considered ``regular or periodic'' use, operations must
have occurred at recurring intervals over a period of time.
Moreover, periodic operations must have occurred on an intermittent
but consistent basis. Use of an LCV on only one or two occasions
pursuant to a special permit would not provide a basis for
satisfactorily certifying grandfather rights or operations * * * .
(H.R. Rep. No. 404, 102d Cong., 1st Sess., at 314 (1991))
Because SVC operations on I-70 did not appear to be ``regular or
periodic'' by this standard, the FHWA revised the SNPRM to remove the
Goodland segment from the list of authorized Kansas LCV routes.
Thirty-seven commenters discussed this subject, and all of them
favored restoration of the I-70 route. Yellow Corporation, the parent
company of Yellow Freight, explained in detail how the problem arose.
Yellow Freight uses a hub and spoke system. The company commented that
``(w)here distances between hubs do not allow for the journey to be
made within the ten-hour federal drivers hours of service limit, Yellow
Freight has established driver relay facilities (where) * * * drivers *
* * are changed, with the equipment moving on to meet customer service
demands.'' Yellow Freight has for 25 years maintained a driver relay
facility at Goodland which serves vehicles moving between its Kansas
City and Denver hubs. ``Linehaul drivers leave Kansas City westbound to
Goodland, layover and return eastbound the next day. Goodland-domiciled
linehaul drivers operate a turn between Goodland and the Denver hub.''
Colorado authorized triple-trailer and other large combinations in
1989. Unlike competitors with facilities in eastern Colorado, Yellow
Freight was unable to use these vehicles between Goodland and Denver
because Kansas did not allow them on I-70. Rather than move its relay
facility into Colorado or forgo the economic advantages of ``Triples,''
Yellow Freight asked Kansas in September 1989, to allow SVC's on
I-70 between Goodland and the Colorado line. The Kansas Department of
Transportation (KDOT) announced a rulemaking proposal in January 1990,
that would have allowed ``Triples'' on all Kansas Interstates. The
Kansas Railroad Association (KRA) responded by having a bill to ban
``Triples'' introduced in the legislature; the KDOT withdrew its
proposal. Yellow Freight and the KRA negotiated a compromise which,
among other things, allowed triple-trailer combinations on the Goodland
segment of I-70. The bill was approved on April 12, 1990, and SVC
regulations to implement it were promulgated on March 4, 1991. Yellow
Freight ran one ``Triple'' on May 31, 1991, and a second on June 1.
Both Yellow Freight and the KDOT place much of the blame for delays
in issuing the permits required to start
I-70 operations on the FHWA's failure to clarify its position on the
State's grandfather rights in a timely fashion. The FHWA and a number
of States--not including Kansas--had long disagreed on the question of
whether LCV operations were legitimately grandfathered. One of the
purposes of the LCV freeze was to resolve these disputes by ratifying
actual operations allowed by State law on June 1, 1991. The KDOT's
announced intention to allow SVC's on I-70 was one more indication of
the rapid spread of LCV's in States west of the Mississippi. Because of
the desirability of a uniform policy toward all States that allowed LCV
operations, the FHWA did not immediately address the question of
Kansas' grandfather rights. However, on April 8, 1991, just over a
month after the KDOT's regulations authorizing SVC permits became
effective, the FHWA asked for an opinion by the Kansas Attorney General
(AG). The KDOT requested the opinion on April 26, 1991, and the AG
replied on May 30, 1991, that the State's grandfather rights were broad
enough to encompass SVC operations on I-70. Since the issue here is
``regular or periodic'' operations, it would serve no purpose to
discuss the AG's grandfather claims. The KDOT quickly issued an annual
SVC permit to Yellow Freight and operations began the following day.
The State's regulatory process was not completed until March 4,
1991, and the Kansas AG required more than a month to respond to the
KDOT's request for an opinion. The FHWA had no part in these delays. It
is true, however, that the KDOT made a good faith effort to satisfy the
FHWA's legal concerns and postponed the start of SVC operations on I-70
until the deadline included in the draft ISTEA legislation had nearly
passed. We do not wish to penalize Kansas simply for cooperating with
the FHWA.
Yellow Freight asserted that ``(a)s originally drafted, the Federal
LCV freeze date would have been April 1, 1991. Senator Dole's office
intervened to move that federal freeze date to June 1, 1991,
specifically to accommodate the Goodland triples route.''
In its comments in response to the SNPRM, the ATA said:
ATA was deeply involved in the Congressional deliberations
leading to the LCV freeze. It is our understanding that the language
in the Conference report was designed to preclude establishing LCV
operations based on single trip permits for infrequent truck
movements. Therefore one or two movements of heavy machinery by a
specialized carrier would not create ``grandfathered rights.''
ATA understands that for Kansas, a single trip permit would
normally be issued for ``occasional use'' purposes. It is clear that
the intent of the (SVC) permit was for multiple trip purposes and
not occasional ``one or two trips.'' The permit had been applied for
long before the freeze language was proposed. It was only a matter
of timing that so few trips were made.
There is nothing in the ISTEA legislative history that clarifies
the meaning of ``regular or periodic basis,'' but the ATA's
interpretation is plausible, especially in view of the Caltrans'
response to the SNPRM. The Caltrans stated that it
[I]ssued two permits, at the request of the California
Legislature, allowing two vehicle combinations with three 26.5-foot
trailers to operate from October 27 to November 5, 1971. These
vehicle combinations had an overall length of 94.25 feet with gross
vehicle weights of 76,800 pounds and 90,000 pounds. The 1971 permits
were issued to gather information on truck tractor and triple
trailer combination operations. The information was used to consider
whether triple combination operations should be allowed in
California.
In 1983, the Caltrans issued permits for operational tests of (1) a
111,000-pound ``Triple'' (28-foot trailers) between October 24-28; (2)
a 106,850-pound ``Rocky Mountain Double'' (48-foot semitrailer, 28-foot
pup) between November 7-10; and (3) a 122,650-pound ``Turnpike Double''
(two 48-foot trailers) between November 14-18. The Caltrans argued that
California retains the right to issue an extralegal permit for
good cause to operate a divisible combination of vehicles exceeding
the maximum size or weight limits with specific guidance provided by
the California Legislature.
The brief tests performed by California one and two decades ago,
which never resulted in the authorization of LCV's, are certainly among
the minimal operations that the requirement for ``regular or periodic''
use was intended to exclude. The FHWA has therefore declined to list
these vehicles in appendix C.
Kansas and Yellow Freight, on the other hand, clearly expected
LCV's to use I-70 routinely and for years to come, and made elaborate
preparations on that basis. In addition, the KDOT's efforts to
cooperate with the FHWA delayed the issuance of the first permits,
which would otherwise have been available in March 1991. On balance,
the FHWA believes that the SVC operations on I-70 satisfy the statutory
standard. The Goodland route has therefore been restored to appendix C.
The CRASH commented on the accuracy of the lists of routes
available to the different vehicle combinations. Appendix C now
reflects the proper route listings. Due to the SVC and Turnpike
operations, the truck tractor and three trailing unit combination does
have more route mileage available to it than do two trailing unit
combinations. The new route lists show that I-70 between the Colorado
State Line and Goodland is available only to SVC's with three trailing
units and not to LCV combinations with two trailing units.
LEGAL CITATIONS:
One change has been made at the request of the State. KSA-8-1915
has been moved from the list of applicable statutes for two trailing
unit combinations to the list for three trailing unit combinations.
MASSACHUSETTS
LENGTH OF THE CARGO-CARRYING UNITS:
The CRASH commented that the cargo-carrying length listed in the
SNPRM for the ``Turnpike Double--LCV'' was incorrectly listed as 114
feet. This figure is the overall length previously allowed for this
configuration. Applying the convention for determining cargo-carrying
length used throughout this rulemaking, 10 feet will be deducted for
the tractor. The cargo-carrying length now shown in appendix C for the
truck tractor and two trailing unit combination is 104 feet.
OPERATIONAL CONDITIONS:
VEHICLE: The CRASH pointed out two vehicle requirements missing
from the SNPRM, one concerning emergency equipment and the other
concerning passing requirements. Both provisions have been added to
appendix C.
PERMIT: The CRASH commented that the SNPRM did not include the
requirement to have insurance coverage of certain amounts. Appendix C
has been changed to reflect the requirement to have insurance coverage,
however, the amounts are not included in appendix C. The amount of
insurance coverage is not an item that is directly related to the size
and weight of LCV's.
MICHIGAN
COMBINATION:
The State commented that the vehicle in question is a truck
tractor-semitrailer-trailer where one of the cargo units exceeds 28.5
feet in length. Michigan statutes allow an overall length for the two
trailers, as measured from the front of the first trailer to the rear
of the second trailer, of 58 feet, including the load. This vehicle
configuration was excluded from the original listing of LCV's in the
NPRM. The exclusion was based on a definition of excepted combination
used in the NPRM (57 FR 9901, March 20, 1992) as follows:
Truck tractor-semitrailer-semitrailer and truck tractor-
semitrailer-trailer configurations with a maximum length of cargo-
carrying units of 62 feet or less are subject to the provisions of
23 CFR part 658. These are the twin 28-foot units authorized by the
STAA, and the 28-foot B-train doubles authorized as specialized
equipment by the FHWA.
Michigan contends that the vehicle was correctly excepted in the
NPRM since the Michigan vehicle clearly fell within the length
parameters of non-LCV vehicles.
The exclusion by the FHWA in the NPRM was erroneous. The vehicle
was included in the SNPRM and is now in the final rule since it can
consist of a truck tractor and two trailing units and can carry more
than 80,000 pounds on the Interstate System.
The State also commented that the ``Rocky Mountain Double--LCV''
description in the SNPRM was inappropriate for the vehicle in operation
in Michigan. The revised combination categories now used in appendix C
has alleviated this concern.
MAXIMUM ALLOWABLE GROSS WEIGHT:
The State commented that the table listing vehicle combinations
subject to the ISTEA, illustrating a Michigan vehicle listed under
``Rocky Mountain Doubles'' with a 128,000-pound maximum gross weight,
was inappropriate. Michigan, the State argued, is an axle weight State
with a grandfather provision and maximum gross weights are determined
based on axle and axle group weight limits. Therefore, it would be
inappropriate to specify a single maximum gross weight for Michigan.
The FHWA does not agree. The table and text have been revised to show a
maximum allowable gross weight of 154,000 pounds. The 154,000-pound
figure was determined from the maximum axle weight limits for an 11-
axle vehicle (the maximum number of axles allowed under State law) with
optimum axle spacing and with a combined cargo-carrying box length of
58 feet. Vehicles with fewer axles or less than optimum axle spacing
will have a lower allowable gross weight based on State requirements.
OPERATIONAL CONDITIONS:
VEHICLE: Michigan commented that certain statements included in the
SNPRM did not apply to the vehicle in question. These statements
concerned (1) the overall length of a truck and trailer or semitrailer
combination and (2) operational hours for certain vehicles hauling
hazardous materials. The appropriate sentences have been removed from
the text.
ACCESS: The State commented that ``Access'' should read ``all
designated State highways.'' This change has been made.
ROUTES:
In response to a comment by the State, the ``ROUTES'' description
has been changed to indicate that all Interstate and designated State
highways are open to these vehicles.
MISSISSIPPI
COMBINATION:
The State commented that a CMV with two cargo units, subject to the
freeze requirements of section 4006 of the ISTEA, originally submitted
by the State and included in the NPRM, was inadvertently left out of
the SNPRM. The vehicle, which is subject to the freeze because the
trailing units may each be up to 30 feet long, has been included in
appendix C with the operational information listed as supplied by the
State.
MISSOURI
OTHER COMMENTS:
The CRASH claimed that an error in available routes had been made
in the SNPRM, and that the SNPRM did not include several items that
pertain to permitted loads. The CRASH not only questioned the
availability of several Interstate routes in the Kansas City
metropolitan area, but also the availability of I-44 in southwest
Missouri. It stated that ``the only National Network route from which
LCV's can enter Missouri is I-70 in Kansas.'' Several NN routes in
Kansas and Oklahoma come up to the Missouri State Line. LCV's are
allowed to operate on I-44 in Oklahoma, thus making I-44 available to
enter Missouri. In Kansas, LCV's have access to the northeastern end of
the Kansas Turnpike, over any route within a 20-mile radius. Within
that 20-mile radius in Kansas, several Interstate and other highways,
which prior to passage of the ISTEA were designated as Federal-aid
Primary highways, come up to the Missouri State Line. LCV's may use any
of these routes to reach terminals in Missouri which fall within a 20-
mile band of the Kansas State Line.
The CRASH indicated that the State indivisible load requirement had
been omitted from the SNPRM. In addition, the CRASH contends that
several operational requirements were also omitted, including those
involving time-of-day restrictions, weather requirements, oversize load
signs, speed, tractor unit power, and the need for insurance. The State
responded that routine overdimension and overweight special permit
issuance in Missouri is made in accordance with State Rule 7 CSR 10-
2.010 (based on Section 304.200, Revised Statutes of Missouri 1992),
which provides for a uniform administration of large and heavy loads.
Although the rule (7 CSR 10-2.010) as originally promulgated by the
Missouri Highway and Transportation Commission disallows routing
reducible loads (except for farm products) under permit, in July 1986
the State's chief engineer, exercising other authority within the rule,
authorized travel for multi-unit LCV's carrying reducible loads. To
quote Rule 7 CSR 10-2.010:
[T]he chief engineer of the State Department of Highways and
Transportation, for good cause shown and when the public safety or
public interest so justifies, shall issue special permits for
vehicles or equipment exceeding the limitations on width, length,
height, and weight herein specified * * *.
It was determined to be in the public interest to allow LCV
operation to relieve economic stress and give motor carriers the
incentive to retain terminals in Missouri. Missouri would then be more
competitive with adjacent western States which allow LCV operations.
The operation of LCV's has gone without reported incident, according to
annual documented safety assessments made by the Missouri Highway and
Transportation Department, the Missouri State Highway Patrol, the
Kansas City Public Works Department, and the Kansas City Police
Department.
In response to other items listed, the State made the point that
Missouri Revised Statute Sec. 304.200 (1992) gives the chief engineer
significant latitude in allowing the operation of LCV's, and that
several items including speed and weather restrictions are conditions
of the permit issued for the operation of LCV's.
MONTANA
OPERATIONAL CONDITIONS:
PERMIT: The CRASH said that a provision requiring carriers
operating vehicles subject to the ISTEA freeze to have ``public
liability and property damage insurance for the protection of the
traveling public as a whole'' was omitted from appendix C. Appendix C
has been changed to reflect the requirement to have insurance coverage;
however, the amounts are not included. The amount of insurance coverage
is not an item that is directly related to the size and weight of
LCV's.
OTHER COMMENTS:
The CRASH said that Chapter 672 of the Montana Session Laws of
1991, which amended Montana Code Annotated (MCA) section 61-10-124,
increased the length of Turnpike Doubles from 95 to 100 feet in length
effective January 1, 1992, and, therefore, the cargo-carrying length in
appendix C should be based on the shorter length. This is incorrect.
Before the change, section 61-10-124 read as follows:
A term permit may be issued for any combination of vehicles that
exceeds 95 feet in length but does not exceed 100 feet in length, *
* *.
After the 1992 change, it read as follows, with the additional word
underlined.
A term permit may be issued for any combination of vehicles that
exceeds 95 feet in length but does not exceed 100 feet in
combination length, * * *.
The amendment clarified but did not substantially change the law;
term permits could be issued for ``Turnpike Doubles'' not more than 100
feet long on June 1, 1991.
NEVADA
OPERATIONAL CONDITIONS:
VEHICLE: The CRASH said that the Nevada Department of
Transportation Rules and Regulations in Sections 484.400, 484.405(4),
484.425, 484.430, 408.100-4, and 408.100-6(a), primarily dealing with
emergency and safety equipment, should be added to the Nevada
provisions in appendix C. We concur, and this has been done.
OTHER COMMENTS:
While appendix C has been changed to reflect the requirement to
have insurance coverage, the amounts are not included in appendix C.
The amount of insurance coverage is not an item that is directly
related to the size and weight of LCV's.
NEW MEXICO
LENGTH OF THE CARGO-CARRYING UNITS:
The cargo-carrying length restriction does not apply to two
trailing unit combinations. The length of each trailing unit is limited
to 28.5 feet. This describes a two trailing unit vehicle whose
operation is guaranteed by the STAA regardless of inter-unit spacing.
As long as each trailing unit is 28.5 feet long or less, cargo-carrying
length is not restricted. This combination is listed as an LCV because
it can exceed the 80,000-pound threshold established in the
congressional definition. New Mexico has a grandfathered gross weight
limit of 86,400 pounds.
NEW YORK
COMBINATION:
The State submitted an additional vehicle for inclusion in appendix
C. It is an STAA Double (twin 28.5-foot units) hauling up to 100,000
pounds under a State DOT permit. As this combination may operate on NN
highways in New York, appendix C has been amended to account for its
operation. This combination was inadvertently omitted by the State DOT
in its previous LCV submissions and docket comments.
OPERATIONAL CONDITIONS:
VEHICLE: The CRASH commented that several items were omitted from
the ``VEHICLE'' discussion in the SNPRM, including the need to carry
emergency equipment, mud flaps, safety chains, and a tractor
certification identification number. All of these items are now
included in appendix C.
The discussion under DRIVER, VEHICLE, and PERMIT has been revised
to note the fact that the New York State Thruway Authority, in addition
to its responsibility for the tolled sections of Interstate routes 87,
87/287, 90, 95, and 190 (the original Thruway mainline between New York
City and Pennsylvania along with the Berkshire, New England, and
Niagara sections), now also has jurisdiction over the full length of I-
84, and that portion of I-287 between Thruway exit 8 and I-95. These
latter two sections remain toll-free, and the operating rules that
apply are the same as those in effect on all other highways in the
State that are under the jurisdiction of the New York State DOT.
OTHER COMMENTS:
The CRASH also sought to include the insurance requirements and the
amounts. While appendix C has been changed to reflect the requirement
to have insurance coverage, the amounts are not included in appendix C.
The amount of insurance coverage is not an item that is directly
related to the size and weight of LCV's.
In addition to the added combination discussed earlier, the State
submitted a second vehicle for inclusion in appendix C. It is a
combination which uses twin 28.5-foot units to carry nondivisible
loads. This vehicle has not been included as nondivisible loads moving
under permit are not subject to the freeze.
OKLAHOMA
LENGTH OF THE CARGO-CARRYING UNITS:
The cargo-carrying unit length for the two trailing unit
combination has been listed in this final rule at 110 feet. This length
was determined after further review of docket comments submitted by the
CRASH, actual operation documentation submitted by various carriers,
and the appropriate State statutes and regulations. The composite of
the information available leads the FHWA to conclude that on or before
June 1, 1991, the longest legally allowed multi-unit combination
vehicle in regular or periodic use in the State consisted of a truck
tractor-semitrailer-trailer, wherein each of the trailing units was 53
feet long. Combining twin 53-foot units with a 4-foot drawbar results
in the 110-foot cargo-carrying length. In the NPRM the cargo-carrying
length listed for both the ``Rocky Mountain'' and ``Turnpike'' Doubles
was 123 feet. In the SNPRM, 123 feet was again listed for the
``Turnpike'' Double. The 123-foot distance was the result of combining
a 4-foot drawbar with twin 59-foot 6-inch units.
For purposes of establishing a cargo-carrying length subject to the
freeze provisions of the ISTEA, the State incorrectly interpreted
relevant provisions of the STAA of 1982. It appears the State reasoned
that since the STAA required (1) that all States allow truck tractor-
semitrailer-trailer ``Doubles'' combinations, and (2) that Oklahoma
must allow a 59-foot 6-inch semitrailer to meet the grandfather
provisions of the STAA (53 FR 2599, Jan. 29, 1988), it follows that
Oklahoma must therefore allow twin 59-foot 6-inch units to operate as
part of a multi-unit combination vehicle.
While the STAA does require all States to allow ``Doubles,'' the
only applicable length requirement is that each State must allow at
least 28.5-foot trailing units. The allowance of any longer unit is at
a State's discretion within the parameters established by this final
rule. The grandfathered semitrailer length applies only for truck
tractor-semitrailer combinations. The STAA requires that each State
continue to allow trailers or semitrailers of such dimensions as those
that were in actual and lawful use in the State on December 1, 1982.
The January 1988 rulemaking referred to earlier established that length
as 59 feet 6 inches for Oklahoma.
For purposes of establishing a cargo-carrying length subject to the
freeze provisions of the ISTEA, a determination must be made as to the
unit lengths comprising combination vehicles authorized by State
statute or regulation and in actual operation on a regular or periodic
basis on or before June 1, 1991. Re-examination of all submitted
material and docket comments resulted in the 110-foot length.
OREGON
LENGTH OF THE CARGO-CARRYING UNITS:
The Oregon Department of Transportation (ODOT) commented that
overall length requirements for three trailing unit combinations have a
significant impact on public safety and must be retained. The ODOT also
said that the length of tractors in combination with three trailing
units is not a uniform 10 feet long but can range from 9 to 14 feet.
The freeze does not affect the authority of the ODOT to enforce an
overall length limit on triple-trailer combinations. However, it does
limit the overall length of the cargo-carrying units to what was
authorized and in use on or before June 1, 1991. Although the comment
does not specifically indicate that 9-foot-long tractors were in use
with ``Triples'' on or before June 1, 1991, we assume that was the
intent. Therefore, appendix C has been changed to correct the cargo-
carrying length of three trailing unit combinations from 95 to 96 feet.
OPERATIONAL CONDITIONS:
VEHICLE: The CRASH commented that ORS 818.150(5) provides that any
towed vehicles in a combination must be equipped with safety chains or
cables to prevent the towbar from dropping to the ground in the event
the coupling fails. The chains or cables must have sufficient strength
to control the towed vehicle in the event the coupling device fails and
must be attached with no more slack than necessary to permit proper
turning. However, this requirement does not apply to a fifth-wheel
coupling if the upper and lower halves of the fifth wheel must be
manually released before they can be separated. Appendix C has been
amended accordingly.
ROUTES:
The ODOT indicated that there is no direct relationship between
approved routes for three trailing unit combinations and the NN
highways. The connection is that the freeze applies only on NN
highways. Consequently, truck tractor and three trailing unit
combinations may not operate with more than 96 feet of cargo-carrying
length on routes shown in appendix C. The State is free to regulate the
use of triple-trailer combinations as it sees fit on other highways.
OTHER COMMENTS:
The CRASH also indicated that officials who issue permits may
require the applicant to furnish public liability and property damage
insurance and establish that the permit vehicle will stay on the right
side of the centerline at all times. We do not regard these conditions
to be the type which must be published in appendix C since the State
has discretion whether or not to apply them.
The ODOT asked for a definition of terms and vehicles used in FHWA
rulemakings but did not cite any specific items that should be defined.
We are unaware of any items that should be defined or that could be
defined without affording interested persons the opportunity to comment
on the proposed definitions.
SOUTH DAKOTA
OPERATIONAL CONDITIONS:
VEHICLE: The CRASH said that provisions relating to public
liability insurance, the amount of offtracking allowed and the entering
of the dimensions used to calculate the offtracking on the permit form
should be included in appendix C. We concur, and appendix C has been
modified accordingly.
OTHER COMMENTS:
The State said that the maximum weight limit for ``Rocky Mountain
Doubles'' is not ``129K'' as shown on the table at 58 FR 11465-11466 of
the SNPRM but is the ``Uncapped Federal Bridge Formula.'' For LCV's the
maximum allowable weight is capped at what was allowed and in actual
operation on June 1, 1991. Based on the information submitted by the
State, a ``Turnpike Double,'' which must also comply with the Federal
Bridge formula, is limited to a maximum of 129,000 pounds. The
recategorization of the vehicles subject to the LCV freeze has adopted
the 129,000-pound value for the ``Turnpike Double'' as the maximum for
a truck tractor and two trailing units.
The State showed the length of the road tractor-trailer-trailer
combination as 80 feet. However, this is the overall length. When the
length determination in the SNPRM is used, the cargo-carrying length is
the overall length minus 10 feet for the length of the tractor.
Therefore, the cargo-carrying length of this combination is shown in
appendix C as 70 feet.
The State asked for certain additions and deletions to appendix C.
The recategorization of the vehicles subject to the LCV freeze
accounted for most of the changes suggested by the State. The
descriptions for South Dakota, which now appear in appendix C, take
into account the comments made by the State.
UTAH
OPERATIONAL CONDITIONS:
VEHICLE: The CRASH said that Utah Regulations for Legal and
Permitted Vehicles, sections 400.2(8), (12), and (14) pertaining to
sway of multiple-trailer vehicles, following distance, and insurance
requirements, respectively, should be reflected in appendix C. We
concur, and appendix C has been amended accordingly.
ROUTES:
The State clarified the basis for delineating vehicles allowed to
operate on divided or nondivided highways from overall length to length
of cargo-carrying units. This reformatting did not change the lengths
allowed, but simply re-stated the lengths to match the language of the
ISTEA.
LEGAL CITATIONS:
The State also corrected the legal citation for truck tractor and
two trailing unit combinations and indicated that those for ``Triples''
should be the same. These changes have been made.
WASHINGTON
COMBINATION:
The State indicated that the listing in the SNPRM for ``Dump truck
with pup trailers'' should be changed to ``Truck and trailer.'' We
agree, and this change has been made in appendix C.
OTHER COMMENTS:
The State indicated that the listing in the SNPRM of ``truck
tractor with dromedary box-semitrailer-trailer'' should be changed to
read ``truck tractor carrying a freight compartment no longer than
eight feet-semitrailer-semitrailer or full trailer.'' As indicated
previously, we have decided for the time being not to list dromedary
equipment separately. This vehicle is therefore covered by the listing
for the truck tractor and two trailing unit LCV which also has a cargo-
carrying length of 68 feet.
The State also commented that the length of the cargo-carrying
units for ``Rocky Mountain Doubles'' should indicate that the 68-foot
length includes the load. We disagree. The ISTEA limited the length of
cargo-carrying units, not loads. If the State wants to prohibit, or
allow, cargo overhangs over that length, it is free to do so since it
retains all the authority it possessed prior to the ISTEA to regulate
cargo overhangs.
WYOMING
Many of the comments made by the WTA and the State DOT involved
allowable lengths and weights for what previously had been
differentiated as ``Rocky Mountain'' and ``Turnpike'' Doubles. The
recategorization into truck tractor and two trailing units now used in
appendix C, has accommodated many of these comments.
COMBINATION:
On or before June 1, 1991, Wyoming only allowed combination
vehicles consisting of not more than three single vehicles. This
precluded the operation of triple-trailer combinations which consist of
four single vehicles--a truck tractor, a semitrailer, and two trailers.
A provision of the ISTEA, in effect, gave the State until the next
general election day following enactment (November 3, 1992) to decide
whether to allow ``Triples.'' A Statewide referendum to allow their use
was defeated in the November 3, 1992, election and, as a result, the
ISTEA bars the use of ``Triples'' in Wyoming.
LENGTH OF THE CARGO-CARRYING UNITS:
Provisions relating to the length of a semitrailer in a truck
tractor-semitrailer combination will not be added to appendix C since
this vehicle is not subject to the ISTEA freeze. The State DOT argued
that its 60-foot semitrailer length limit would apply to automobile and
boat transporters with no overall length limit. This is not consistent
with the Federal requirement that States must allow standard automobile
and boat transporters to have a minimum overall length of 65 feet (75
feet if stinger-steered), with no specific limit on the length of the
semitrailer. However, application of the State rule does not conflict
with the Federal requirement since, as a practical matter, it only
applies to vehicles longer than 65 or 75 feet. Such longer combinations
would be subject to the ISTEA freeze. As a result, appendix C has been
changed to list the overall length of auto and boat transporters, since
cargo is typically carried on a headrack the same length as the
tractor, in addition to the cargo on the trailer.
OTHER COMMENTS:
The WTA said that a truck-trailer combination falls under the
definition of ``any other combination of vehicles'' in Wyoming law and,
therefore, is limited to a total overall length of 85 feet with no
single unit exceeding 60 feet. While the combination is limited to 85
feet, the 60-foot limit applies only to semitrailers in a truck
tractor-semitrailer combination. The showing of 78 feet for the length
of the cargo-carrying units was based on allowing 7 feet for cab
length.
The WTA said that it could not understand why the cargo-carrying
length of saddlemount combinations was shown in the SNPRM as 75 feet.
Under Wyoming law it would be considered as ``any other combination''
subject to an overall length of 85 feet. We agree. Since the tractor in
a saddlemount combination is part of the cargo being transported, we
have changed the length of the cargo-carrying units for this
combination to 85 feet.
TOW TRUCK OPERATIONS
The nature of the service provided by wreckers or tow trucks is
such that these vehicles need to have immediate access to all roads in
a State to remove disabled or abandoned, as well as accident-damaged,
vehicles. They are, to that extent, emergency vehicles. There is no
evidence that Congress intended to include these operations under the
freeze restrictions. Therefore, the FHWA proposed in the SNPRM to
exclude emergency towing operations from any of the freeze provisions
proposed in appendix C. Comments on this issue were received from the
California and Washington DOT's and the California Highway Patrol.
Both of the California agencies recommended that proposed 23 CFR
658.23(b)(5), which would allow tow trucks and vehicles in tow to
operate on the NN without regard to the freeze on length, be amended to
require a State permit to operate overlength. This is unnecessary since
23 CFR 658.23(b)(5) merely means that they are not limited to whatever
length was allowed and in use on June 1, 1991. Since they also are not
STAA vehicles, the State may regulate their length in any manner it
sees fit, including the requirement for a permit, if it wishes.
The Washington DOT asked if tow truck operations are restricted to
the length and weight in effect on June 1, 1991. As stated in the
SNPRM, emergency towing operations are excluded from any of the freeze
provisions in appendix C. However, the proposed provisions in paragraph
(b) of 23 CFR 658.23 only excluded tow trucks from the length
provisions of appendix C. In order to fully exclude emergency towing
operations from any of the provisions contained in new 23 CFR 658.23,
the underlined phrase in paragraph (a)(1) has been added:
(a)(1) Except as otherwise provided in this section and except
for tow trucks with vehicles in tow, * * *.
Also, in paragraph (b)(5) ``with'' has been substituted for
``and.''
Pole Trailers
In the SNPRM the FHWA proposed to list, as the authorized length
for expandable trailers used for carrying poles, logs or pipe, etc.
(pole trailers), the lengths allowed by State law, even if these limits
refer to the cargo rather than the vehicle itself.
Only five sets of comments were received which specifically
addressed the issue of pole trailers. The South Dakota DOT supported
the position that the State-allowed length of the cargo should be
considered the cargo-carrying length of the unit. The State added that
the FHWA should establish a national cargo overhang policy similar to
that in effect for automobile and boat transporters; that is, 3 feet in
front and 4 feet to the rear of the vehicle. The Pennsylvania DOT
commented that its special length limitation (70 feet) for any
combination transporting nondivisible articles has been in place for
over 20 years, and that it should be listed as Pennsylvania's length
for these vehicles. The California Highway Patrol provided that State's
applicable length limits for pole or log trailers. Taking a different
tack, both the ATA and the WTA stated in their comments that pole
trailers should not be considered or regulated as LCV's. The ATA stated
that the ``FHWA is incorrect in believing that establishing length
limits for pole trailers is consistent with the purpose of section 4006
of ISTEA.'' In addition to echoing the ATA's comment, the WTA went on
to state that the FHWA's proposal with regard to regulating pole
trailers as an LCV, ``does not recognize that timber harvesters do not
cut logs in the same lengths all the time. Utility poles transported by
telephone and power companies are not the same length and neither are
the joints of pipe used in oil well drilling, pipe line construction
and water and sewer line repair and construction.''
The FHWA has re-examined this issue. In the SNPRM, the FHWA
admitted that the statutory language concerning the freeze is not
readily applicable to such vehicles. The discussion of pole trailers
and the inclusion of these vehicles in the SNPRM was based on an
interpretation that the two cross-members on which the cargo rests
constitute individual cargo-carrying units for purposes of section 4006
of the ISTEA. That argument is difficult to maintain. In fact, the
hitch, the load, and rear dolly combine to create a de facto
semitrailer. The FHWA has decided not to include these vehicles in
appendix C, as truck tractor-semitrailers are not subject to the
requirements of the freeze. Two separate pole trailers pulled by a
tractor, however, must comply with section 4006.
Further Restrictions on ISTEA Vehicles
The ISTEA provides that States may further restrict, or even
prohibit, the operation of LCV's or CMV's with two or more cargo-
carrying units after June 1, 1991. Such restrictions, however, must be
consistent with sections 411, 412, and 416(a) of the STAA. This means
that States may not prohibit twin trailer combinations with trailers
not over 28 feet long (28.5 feet if grandfathered) from operating on
the NN or reasonable access routes. States may not restrict the width
of vehicles on the NN or reasonable access routes to less than 102
inches or the metric equivalent, 102.36 inches.
A State must notify the Secretary within 30 days after the
imposition of further restrictions or prohibitions on the operation of
LCV's or CMV's with two or more cargo-carrying units. The FHWA does not
have approval authority over any additional restrictions a State may
impose, but is required to publish such restrictions in the Federal
Register. The FHWA may require further information or clarification
before publishing the restrictions in the Federal Register.
No additional comments were received on this issue in response to
the SNPRM. The proposed regulatory language in the SNPRM directly
reflected congressional intent as expressed in the ISTEA. That language
has been adopted unchanged by this final rule in Sec. 658.23(e).
Minor Adjustments to Listed Information
Sections 1023 and 4006 of the ISTEA allow States to make minor
adjustments of a temporary and emergency nature which will relax route
designations and vehicle operating restrictions in effect on June 1,
1991. They also direct the Secretary to issue regulations establishing
criteria for the States to follow in making such adjustments.
Minor adjustments must be both temporary and caused by an
emergency. According to the Conference Report on the ISTEA (H.R. Conf.
Rep. No. 404, 102d Cong., 1st Sess. 314 (1991)), such adjustments are
intended to be temporary and limited, e.g., a bridge failure that would
require the rerouting of ISTEA vehicles to highways where they would
otherwise be prohibited. Since it is impossible to foresee all types of
emergencies that might necessitate a minor adjustment, and it is not
the intent of the FHWA to establish a burdensome reporting requirement,
the proposed regulation would require a State to report the details of
an adjustment only if the duration was expected to exceed 30 days.
Emergency adjustments with a duration of 30 days or less would not be
reported to the FHWA.
The NPRM proposed to cap the duration of minor adjustments at 1
year. Adjustments lasting more than 1 year would not be considered to
be of a temporary or emergency nature. Minor adjustments for the same
emergency would not be permitted to be broken into periods of less than
1 year to extend the emergency for a period longer than that.
Similarly, an emergency would not be permitted to be broken into 30-day
or shorter periods to avoid reporting. The FHWA re-examined the issue
in light of the comments received to the NPRM docket. Subsequently, the
SNPRM removed the NPRM's 1-year maximum duration for a minor
adjustment, but clearly spelled out that the FHWA must approve any
minor adjustments which exceed 30 days. The SNPRM proposal also clearly
spelled out that rejection of a State's request would cause the
immediate reimposition of freeze restrictions, with failure to do so
putting a State at risk of a funding penalty pursuant to 23 U.S.C. 141.
Two sets of comments to the SNPRM addressed the issue, those of the
CRASH and those of the Advocates For Highway and Auto Safety
(Advocates). Both organizations objected to the removal of the original
1-year time limit. They feared that under the SNPRM States would be
allowed to detour LCV's onto highways less capable of safely
accommodating these vehicles for unspecified, indefinite lengths of
time. The Advocates also objected to the SNPRM proposal because
It fails to provide any criteria for the states to use in
choosing alternate routes. The agency (FHWA) simply asserts that it
will exercise its discretion to review and approve or disapprove any
state's request for an LCV routing adjustment.
It argues that the FHWA is reserving for itself a power to make
decisions on an important issue without publicly available guidelines
which have been developed through a rulemaking process.
The criteria represented in the final rule by Sec. 658.23(c) are
necessarily general and rely on the review-and-approval nature of the
Federal-State relationship.
It is not practical to develop specific criteria to evaluate
requests which might originate for any number of reasons. However, to
allay the concerns of both the CRASH and Advocates--that minor
adjustments, insofar as alternate routes are concerned, will result in
LCV's temporarily operating on highways perceived to be less safe--this
final rule includes additional guidance in selecting alternate routes.
Section 658.23(c) now provides that in selecting alternate routes,
States should, to the extent possible, select routes with geometric and
pavement design features equivalent to those of the highway segment
which is temporarily unavailable. In addition, each request involving
an alternate route should include a discussion of what steps the State
will take to mitigate any operational and/or safety problems that may
develop.
The operating philosophy of the FHWA with respect to State issues
has always been that of individual office autonomy within broad
national guidelines. The Division Office of Motor Carriers within each
State is in the best position to evaluate requests involving truck
issues in the State. However, in order to assure that a degree of
uniformity is applied to such requests, the Regional Office of Motor
Carriers must be consulted before a decision is made on a State's
request. On issues which involve alternate routes for LCV's, the final
rule directs the Division Office of Motor Carriers to coordinate with
the Division Administrator before consulting with the Regional Office.
Definition of Nondivisible Loads
Background
The definition of a nondivisible vehicle or load included in the
NPRM was criticized by many commenters, and the following revised
definition was therefore proposed in the SNPRM:
Nondivisible vehicle or load. As used in this part,
``nondivisible'' means any vehicle or load exceeding applicable
length or weight limits which cannot readily be separated into
smaller vehicles or loads that comply with such limits without:
(1) Compromising the intended use of the vehicle,
(2) Destroying the value of the load, or
(3) Using expert knowledge or specially designed tools. The
intended use of a vehicle would be compromised if separating it into
smaller units would make it unable to perform the function for which
it was designed. The value of a load would be destroyed if
separating it into smaller units would make the load unusable for
its intended purpose. Expert knowledge means familiarity with
procedures required to dismantle and reassemble a load which are
beyond the job requirements typically associated with positions in
the motor carrier industry. Specially designed tools means equipment
designed and manufactured only for use with the load in question. A
State may treat a sealed containerized load moving in international
commerce as a nondivisible load.
Many of those who responded to the SNPRM discussed nondivisible
loads, but a number of comments suggested that the scope of the
definition requires clarification. The definition adopted here (and the
others already codified in 23 CFR 658.5) apply, like the ISTEA freeze
itself, to the same highways and vehicle characteristics as the
underlying Federal law. The following paragraphs explain that principle
in more detail.
Weight: As a condition of receiving Federal-aid funds, States are
required to enforce Federal weight limits (23 U.S.C. 127) on the
Interstate System and on routes providing reasonable access to and from
the Interstate. The penalty for failure to do so is the withholding of
a State's National Highway System (NHS) apportionment. A State may set
any weight limit it wishes on other highways, though many have
voluntarily adopted Interstate limits for all roads. States are
therefore required to use the FHWA's definition only when considering
whether to issue a nondivisible load permit allowing an overweight
vehicle to operate on the Interstate System and roads providing
reasonable access to and from the Interstate.
Length: Federal laws relating to vehicle length (49 U.S.C. app.
2311 and 23 CFR 658.13, 658.23) apply to the NN of highways--see
appendix A to part 658--and routes providing reasonable access to and
from the NN (49 U.S.C. app. 2312 and 23 CFR 658.19). The Interstate is
part of the larger NN, and reasonable access rights extend the reach of
Federal size laws beyond the NN itself. In contrast to Federal weight
law, these provisions and the implementing regulations preempt
conflicting State laws or regulations.
As a practical matter, the FHWA definition of a nondivisible load
will rarely be applied to cargo length because it does not cover
straight trucks or single-trailer combinations. It covers only loads on
vehicles (1) operating on the NN, and routes providing reasonable
access to and from the NN, (2) which have two or more cargo-carrying
units, and (3) when the overall length from the front of the first to
the rear of the last cargo-carrying unit exceeds the longest such
length in actual legal operation for a specific configuration on or
before June 1, 1991. There are very few single loads that rest
simultaneously on the bed of a straight truck and on a trailer, or on
two or more trailers. And even in those cases, the definition would not
apply unless the total cargo box length were greater than that allowed
by the State in 1991. The definition will apply more often to loads,
like entire buildings, that are moved on a series of dollies, each of
which is a single cargo-carrying unit. There has been virtually no
controversy about these loads, and we expect little in the future.
Width: Federal width law (49 U.S.C. app. 2316 and 23 CFR 658.15),
like the length requirements, applies on the NN and reasonable access
routes, and it preempts conflicting State laws or regulations. However,
the definition of a nondivisible load adopted by this rule does not
apply to an overwidth vehicle because Federal law provides that States
may issue permits to motor vehicles more than 102 inches wide without
regard to divisibility or nondivisibility (49 U.S.C. app. 2316(c)).
Height: The FHWA has no authority to regulate vehicle height; there
is no Federal law on this subject.
Comments to the Docket
Containers: The SNPRM proposed to allow States to treat containers
moving in international commerce as nondivisible loads. Responses were
about equally divided. Three State transportation departments favored
the proposal, while two States, the ATA, and the Advocates opposed it.
Missouri said that ``(u)niformity among States to issue overweight
permits for containerized loads in excess of 80,000 pounds gross weight
would be a giant accomplishment.''
Connecticut suggested that States be required to treat sealed
containerized loads moving in international commerce as nondivisible,
subject to maximum dimensions and weights it did not specify. Florida
went even further, pointing out that
no justification is presented in the SNPRM for not affording
identical containerized loads in domestic commerce a benefit being
afforded such containers in international commerce. Therefore, it is
proposed that the final rule make no reference to either
international or domestic commerce and the statement in question
should be revised to read: A State may treat a sealed containerized
load as a nondivisible load.
On the other hand, the Washington State Patrol strongly disagreed
with the proposal.
If that were allowed, the industry could load any container to
whatever weight, claim its (sic) moving in international commerce
and obtain an overweight permit, without regard to axle, gross
weight or bridge formula requirements * * *.
During a recent ``Container Weight'' study, conducted by the
Washington State Patrol, it was shown that of the 3,100 vehicles
transporting containers, which exceeded the legal weight limits, all
but one could be transported legally by using vehicles with the
proper number of axles and axle spacings.
The Washington State Patrol concluded that ``(t)he proposal * * *
appears to be in conflict with the `Intermodal Safe Container
Transportation Act of 1992' * * *.''
Similarly, the Washington DOT argued that ``(r)ather than stating a
policy that the FHWA is ambivalent about whether the states allow
containerized cargo to be treated as non-divisible, it would seem
better to encourage a national policy that they are not. This would
alleviate competition on this point among ports to make their services
more amenable to haulers and shippers.'' South Dakota contended that
``(j)ust because the container is `sealed' or is `moving in
international commerce' should not preclude a loaded container from
meeting the same size and weight requirements which exists for a load
which is loaded in a container, such as a truck box, not `sealed' and
not `moving in international commerce.'''
The ATA recommended that the proposal to allow containers to be
treated as nondivisible loads be dropped and that the issue be
addressed in the rulemaking to implement the Intermodal Safe Container
Transportation Act.
The Advocates argued that the FHWA had ``openly contravened
Congressional intent'' expressed in section 4006 of the ISTEA ``by
explicitly endorsing the prospective regular issuance of such permits
for any `sealed containerized cargo in international commerce.'''
FHWA Response: The FHWA agrees that there is a serious question
whether the proposal to allow States to treat containers in
international commerce as nondivisible loads is consistent with the
Intermodal Safe Container Transportation Act of 1992 (Safe Container
Act) (Pub. L. 102-548, 106 Stat. 3646, partly codified at 49 U.S.C.
508).
Briefly, the Safe Container Act requires the party tendering a
loaded intermodal container or trailer with a cargo weight in excess of
10,000 pounds to provide the initial carrier a written certification of
the cargo weight and a reasonable description of the contents. Each
carrier in the intermodal chain is required to transmit the
certification to the next carrier. Motor carriers are prohibited from
hauling loaded intermodal containers or trailers subject to the Safe
Container Act without receiving a certification. It is also illegal to
coerce a motor carrier to haul such a container or trailer (1) without
a certification or (2) when the certified weight would make the
combination vehicle exceed applicable State weight limits. There are
two statutory options if State enforcement personnel discover an
overweight tractor-chassis-intermodal container (or tractor-intermodal
semitrailer) combination which is on the highway because the motor
carrier relied on a false or erroneous certified weight. First, the
State is authorized to assess the overweight fine against the initial
tenderer and to impound the container or trailer until that party or
the beneficial owner of the cargo has paid the fine. Second, if the
State fines the motor carrier instead of trying to collect from the
shipper or beneficial owner, the motor carrier has a lien on the
contents of the container or trailer equal to the amount of the fine
imposed and any additional costs incurred in the incident until it
receives payment from the tenderer or beneficial owner. If payment is
not made within a reasonable time, the carrier may sell the contents to
satisfy the lien. The FHWA's proposed regulations to implement the Safe
Container Act were published on July 14, 1993, at 58 FR 37895.
The Safe Container Act imposes administrative requirements and
costs on tens of thousands of intermodal shippers around the world, and
on the international transportation system, in part to reduce the
number of overweight containers operating on the Nation's highways. The
Safe Container Act is designed to give U.S. motor carriers enough
information about the weight and cargo characteristics of intermodal
containers and trailers to enable them to decide whether a particular
vehicle can be transported without violating State weight limits. If
States were allowed to continue routinely to issue nondivisible load
permits for overweight containers, some of the essential purposes of
the Safe Container Act would appear to be compromised. There would be
little incentive for shippers to load intermodal containers or trailers
with U.S. weight limits in mind, little if any reduction in the number
of overweight vehicles (even though a permit makes them legal), and
little reduction in pavement and bridge damage. Many of the expected
benefits of the Safe Container Act would be lost, and the regulatory
burdens it entails for shippers and carriers would be pointless, if the
FHWA adopted the rule on containers proposed in the SNPRM. The FHWA has
therefore decided not to promulgate a final rule dealing with
containers, but to treat this subject in a separate notice of proposed
rulemaking where the issue can be examined more explicitly and in
greater detail. In the meantime, the FHWA's previous policy will remain
in effect: the States may continue to issue nondivisible load permits
to containers moving in international commerce.
Expert Knowledge or Specially Designed Tools: Many of the comments
focused on the third test for nondivisibility proposed in the SNPRM. If
``expert knowledge or specially designed tools'' were required to
dismantle a load, it would be considered nondivisible. Most of the
comments were critical.
The Pennsylvania Department of Transportation found the test to be
(1) Vague,
(2) Impractical to measure or verify,
(3) Subject to manipulation by industry,
(4) Subject to subjective factors other than the vehicle or load
itself, such as driver knowledge of cargo,
(5) Subject to varying interpretation, and
(6) In reality, a restatement of the initial economic criterion
that was deleted from this latest rulemaking * * * .
The members of the Specialized Carriers & Rigging Association
(SCRA) often move loads that would qualify as nondivisible by any
definition. The SCRA noted that the definition proposed by the SNPRM
explained expert knowledge as familiarity with procedures required to
dismantle and reassemble a load which are ``beyond the job requirements
typically associated with positions in the motor carrier industry.''
The Association argued that because highly specialized skills are
typically associated with positions in its segment of the motor carrier
industry, the definition would make it impossible for special carriers
and riggers to obtain nondivisible load permits.
The Alaska Department of Transportation and Public Facilities also
commented that ``expert knowledge'' means very different things in
different parts of the industry. It concluded that ``(s)ome further
work needs to be done on this definition.''
The Caltrans commented that, ``(w)hatever definition is finally
promulgated, Caltrans is totally opposed to the provisions concerning
expert knowledge and specially designed tools.''
FHWA Response: The FHWA agrees that a test based on ``expert
knowledge or specially designed tools'' is too complicated and
ambiguous to be effective. It has therefore been replaced with a test
based on the time required to divide a load. This general approach was
suggested by the Oregon DOT in response to the NPRM. The full
definition adopted by this rule is as follows:
Nondivisible load or vehicle.
(1) As used in this part, ``nondivisible'' means any load or
vehicle exceeding applicable length or weight limits which, if
separated into smaller loads or vehicles, would:
(i) Compromise the intended use of the vehicle, i.e., make it
unable to perform the function for which it was intended;
(ii) Destroy the value of the load or vehicle, i.e., make it
unusable for its intended purpose; or
(iii) Require more than 8 workhours to dismantle using appropriate
equipment. The applicant for a nondivisible load permit has the burden
of proof as to the number of workhours required to dismantle the load.
(2) A State may treat emergency response vehicles and casks
designed and used for the transport of spent nuclear materials as
nondivisible vehicles or loads.
The first two tests proposed in the SNPRM, and adopted here as
paragraphs (1)(i) and (1)(ii), have elicited little comment and no
controversy. These standards are appropriate but very stringent. The
FHWA believes there are loads that could be divided without literally
destroying their value, but only after unreasonable delay and expense
to the shipper and motor carrier; the States should be allowed to issue
nondivisible load permits in those cases. As the Pennsylvania DOT
recognized, this is essentially an ``economic criterion.'' Our earlier
proposals to codify this idea would have allowed nondivisible load
permits if dismantling the load imposed ``significant additional costs
on the shipper or motor carrier'' (NPRM) or required ``expert knowledge
or specially designed tools'' (SNPRM). The final rule uses 8 workhours,
i.e., a full working day, as a proxy for nondivisibility. The number of
workhours required by the rule is the same no matter how many people
are involved; for example, if one person working 8 hours, 2 people
working 4 hours each, or 4 people working 2 hours apiece, could not
dismantle the load, it would be nondivisible. Most loads that require
more than one full workday to dismantle, using appropriate equipment,
probably were not designed to be taken apart after leaving the factory.
We believe Congress intended to allow the use of nondivisible load
permits for cargoes which are theoretically divisible, but so tightly
integrated that they cannot be dismantled without excessive cost and
delay. On the other hand, the definition sets a standard high enough to
keep easily divided overweight machinery and equipment off the highway.
The definition adopted today as paragraph (1)(iii) is more
objective than that proposed in the NPRM and less confusing than the
amended version included in the SNPRM. It remains complex, however, and
disagreements between enforcement officers, motor carriers, and
shippers are likely. The rule does not specify how State officials are
to determine the length of time required to break down a given load.
Manufacturers may sometimes provide the necessary information. The
motor carrier itself may have reliable data if it has previously
dismantled such cargoes. The rule does not require a carrier or shipper
to demonstrate that a given load cannot be broken down in less than 8
workhours, but it would not prohibit a State from requiring such a
demonstration either. Enforcement officials may be able to work out
other reliable methods in cooperation with motor carriers. Paragraph
(1)(iii) requires that ``appropriate equipment'' be used in an effort
to dismantle a cargo. The number of workers involved and the type of
equipment used will depend on the load to be moved. A State is not
required to grant a permit in any case, and it would certainly be
reasonable to deny a permit to a carrier or shipper which makes a
perfunctory or deliberately inadequate effort to dismantle a load
within 8 workhours.
The FHWA intends to allow the States some latitude in implementing
the definition, unless indications of nonenforcement or abuse appear.
Overweight and Overwidth Vehicles: In many cases, nondivisible load
permits are likely to be requested for loads which are both overweight
and overwidth. The South Dakota DOT favored the definition of a
nondivisible load adopted by the Western Association of State Highway
Officials (WASHTO), which includes the following:
Portions of a load can be detached and reloaded on the same
hauling unit provided that the separate pieces are necessary to the
operation of the machine or equipment which is being hauled, if the
arrangement does not exceed permittable limits.
The State explained how this definition would work in case of an
overweight, overwidth load.
For example, suppose that a ten foot wide crawler tractor with a
fourteen foot wide dozer is to be moved. This load can be moved two
ways, overweight and fourteen feet wide with the dozer and ten feet
wide without the dozer. Clearly the safest way to move the load
would be legal weight and ten feet wide but separating the dozer
from the crawler tractor destroys the unit for its intended use and
it requires expert knowledge to take the dozer off.
FHWA Response: The State has misread the FHWA's proposed
definition. Although a bulldozer might be temporarily ``unusable for
its intended purpose'' without a blade, that phrase merely clarifies
the term ``destroy the value of the load.'' Removing the blade
certainly would not destroy the value of the bulldozer. The ``expert
knowledge'' test has been eliminated, but it is unclear whether a blade
would require more than 8 workhours to remove.
The flaw in the WASHTO definition is that it allows the separate
pieces of an allegedly nondivisible load to be reloaded onto the same
vehicle. That defeats the purpose of such a provision, which is to hold
down vehicle weights in order to protect the public investment in roads
and bridges. The WASHTO definition simply allows a divisible load
permit to masquerade as a nondivisible load permit. That is
unacceptable.
Overwidth Vehicles: The WTA described a related, but different
situation:
FHWA seems to assume that all overlength (and over-width) loads
are also overweight. Much of the equipment used in agriculture is
oversize, but not overweight. Allowing the removal of a portion of
this type of machinery such as tires and allowing it to be carried
on the same trailer is clearly in the public interest, especially
when in all respects, the machinery is otherwise eligible for a
nondivisible load permit. Requiring a second vehicle to haul the
removed part(s) is not smart economics.
FHWA Response: If a piece of farm machinery is overwidth but not
overweight, the State may either issue an overwidth permit, make the
permit conditional upon the removal of tires but allow them to be
carried on the same trailer, or deny a permit. These options are
entirely within the discretion of the State. If farm machinery is
neither overwidth nor overweight, the question of divisibility would
not arise unless two or more cargo-carrying units were needed to
transport it, certainly a rare occurrence.
California Policy: The California Highway Patrol also argued that
``there are incidents involving the transportation of some nondivisible
loads, when more than one unit is loaded, (and) can be transported
safely. To qualify, loads would have to be oversize, rather than
overweight in nature. California permit policy allows the
transportation of multiple nondivisible pieces together, provided
sufficient supporting justification is given.'' The Caltrans asked for
a definition that allows this kind of flexibility.
FHWA Response: States may allow several nondivisible overwidth
loads on the same vehicle, as long as the normal weight limits are
observed. That appears to be what California authorizes. As mentioned
above, Federal law gives the States great discretion in issuing permits
for overwidth loads. There would also be no conflict with Federal
regulations if a State allowed more than one overlength nondivisible
load to be carried on a single trailer vehicle--assuming the vehicle
was not overweight--because the FHWA's definition of a nondivisible
load applies only to overlength nondivisible loads carried on two or
more cargo-carrying units.
Safety: The Wyoming DOT, the WTA, and Black Hills Trucking, Inc.,
referred to Rocky Mountain Prestress, Inc., v. Leno Menghini et al.,
No. C79-057B, an unreported 1979 Wyoming Federal district court
decision, in support of the proposition that safety should be
considered in any definition of nondivisible loads. Rocky Mountain
Prestress manufactured concrete panels that were to be mounted, two at
a time, on A-frame trailers and transported from Denver to Casper for
use in construction projects. Wyoming law allowed special permits for
overweight ``indivisible loads,'' but the Highway Department rejected
plaintiff's application on the ground that two panels were a divisible
load. Plaintiff sued the Chief Engineer of the Department, arguing
among other things that Wyoming's permit law violated the Commerce
Clause of the Constitution. The court held the law constitutional, but
found that it had been applied in an arbitrary and capricious manner
which impermissibly burdened interstate commerce. The court explained
that:
Our conclusion is buttressed by the admission of the Defendants
that heavy equipment which is being carried by trailer qualifies as
an indivisible load even though the parts thereof may be easily
dismantled. Such an approach to granting overweight permits
signifies that the State Highway Department has previously, as they
must in this case, considered circumstances other than the mere
physical divisibility of the goods in transit.
* * * * *
We would also observe that forestry goods, baled hay and sugar
beets are statutory exceptions to the mandated weight limits. The
special interest group exceptions in the Wyoming statutes
discriminate against the Plaintiff and others similarly situated who
may be equally deserving of exceptions from the weight limitation in
view of the safety and economic factors involved. * * *
* * * [T]he State's desire to protect its highways has been
severely diluted by the discriminatory granting of overweight
permits to special interest groups, as well as by the routine
issuance of such permits based on an indivisible load regulatory
provision that we believe was arbitrarily and capriciously applied
to the Plaintiff.
FHWA Response: The court concluded that ``the `A' frame is the
safest * * * mode of transportation for loading and shipping panels,''
but its evidence on that point was meager. The issue of safe
transportation of concrete panels was discussed at some length in the
SNPRM (see 58 FR 11455-11457). As we noted there, a single panel,
mounted horizontally, would improve the vehicle's braking capability
and reduce its susceptibility to side winds. Two such panels obviously
constitute a divisible load, and a ``safety'' rationale for doubling
the weight of a divisible load is not persuasive.
Black Hills Trucking now contends that one panel cannot be carried
horizontally because it ``is not constructed to stand up to forces
coming through its sides,'' or vertically ``because it is not heavy
enough in proportion to the `sail' area exposed to side winds which
destabilize the load.'' The apparent fragility of these concrete panels
does not make two of them any less divisible. Furthermore, the Great
Plains experience winds high enough to overturn tractor trailer
combinations and double-stack container trains. The interests of safety
are better served by halting trucking operations under those conditions
than by doubling the weight of the cargo in an effort to anchor the
vehicle.
The Rocky Mountain Prestress decision is not binding on the FHWA.
To the extent this rule requires Wyoming to adopt and enforce a new
definition for purposes of issuing nondivisible load overweight permits
for the Interstate System, it is no longer binding on the State either.
The 1979 decision was based upon the State's arbitrary and capricious
administration of its own permit law, in particular its failure to
apply that law consistently to all motor carriers and commodities. At
the time, there was no Federal law on nondivisible loads. Congress
enacted nondivisible load provisions for vehicle weight in 1982 and for
vehicle length in 1991. Proposed regulations to implement that
authority have been subjected to extensive comment and discussion in
this rulemaking. Wyoming, like the other States, will be required to
adopt the new definition for Interstate operations. That definition
will result in greatly increased nationwide uniformity in the treatment
of nondivisible loads. Wyoming will have no more administrative
discretion than any other State. A judicial challenge to the FHWA's
definition of a nondivisible load would therefore confront a legal and
factual situation completely different from that which existed in 1979.
Emergency Vehicles: Section 1023(e)(1) of the ISTEA prohibited the
FHWA from penalizing States that allow emergency vehicles to use the
Interstate at weights in excess of Federal axle and Bridge Formula
limits. The exemption was in effect for 2 years after the date of
enactment of the ISTEA and expired on December 18, 1993. Section
1023(e) also required a study of State laws and permit practices to
determine whether statutory changes were needed to accommodate
emergency vehicles.
To carry out the study, the FHWA requested comments on a variety of
questions (57 FR 46941, October 13, 1992). The information submitted
indicated that most fire trucks exceed the Federal single- and/or
tandem-axle weight limits (20,000 and 34,000 pounds, respectively).
These vehicles are rarely short enough to violate the Bridge Formula,
however, and almost all of them have gross weights under 80,000 pounds.
Technological developments in the manufacturing sector combined with
the equipment preferences of fire departments are driving up the size
and, especially, the weight of fire trucks. On the other hand, tandem
and tridem axles are not favored because they reduce the
maneuverability these vehicles need to reach burning buildings. Some
States exempt fire equipment from normal weight limits, and others
issue blanket overweight permits. The Caltrans reached a compromise
with fire officials that will require the latter to observe specific
axle limits for various types of vehicles and to make purchasing
decisions accordingly.
The U.S. DOT's report was transmitted to Congress on September 7,
1993. It recommended that Congress take no further action because the
matter could be resolved by an FHWA policy statement. On November 9,
1993, the Federal Highway Administrator informed the FHWA's regional
offices, and through them the States, that ``the FHWA will not withhold
Federal-aid funds from States which issue nondivisible load permits to
emergency vehicles equipped for their intended use. We will not require
that the vehicles have a full crew or be operating under emergency
conditions. States may set whatever permit terms, conditions, and fees
they consider appropriate.'' The Federal Highway Administrator added
that this policy ``is compatible with the Agency's draft definition''
published on February 25, 1993, in the SNPRM and that if it ``in any
way conflicts with the definition ultimately adopted through the
rulemaking process, appropriate action will be taken to amend or
rescind the policy.''
The Federal Highway Administrator's decision was based upon
conclusions set forth in his November 9, 1993, letter:
Some States may have refused to issue nondivisible load permits
to emergency vehicles because much of their equipment is readily
detachable. Fire trucks often carry firefighting teams, water,
hoses, axes, respirators and other devices; advanced life support
vehicles typically carry at least two paramedics (one of whom
drives), defibrillators, oxygen tanks, stretchers, and medical
supplies. In one sense, ancillary equipment and personnel are
``divisible'' parts of the load, and removing them might lighten an
emergency vehicle enough to restore compliance with Interstate
weight limits. Doing so, however, would defeat the purpose of these
vehicles and make it impossible for them to respond effectively to
emergencies. New vehicles may even be overweight as they leave the
final stage manufacturing facility, either because the base vehicle
is particularly heavy or because ancillary equipment is supplied
with it. The equipment that could be removed from emergency vehicles
to reduce weight is essential to the services they are designed to
perform. These vehicles and loads are functionally if not physically
nondivisible, and I believe the States should have the option to
treat them as such.
In the language of the regulation we are adopting today, requiring
an emergency vehicle to unload separable pieces of equipment would
``compromise the intended use of the vehicle.'' Emergency vehicles meet
the definition of a nondivisible vehicle or load.
Spent Nuclear Fuel: The Pennsylvania DOT pointed out that the FHWA
informed the American Association of State Highway and Transportation
Officials several years ago that the FHWA regards overweight casks used
to move spent nuclear fuel as nondivisible. This determination was not
reflected in the SNPRM. The casks used to transport spent nuclear
materials, especially nuclear fuel, are extraordinarily strong and
heavy, both to prevent a release in case the transporter vehicle was
involved in an accident and to block radiation that would penetrate
lighter materials. Some of these containment devices can make a vehicle
overweight even before the nuclear materials are loaded. These vehicles
cannot be used for any other cargo or reduced to legal weights without
frustrating their purpose. A new provision has therefore been added
which essentially states that specially designed casks used to move
spent nuclear fuel meet the definition of a nondivisible load.
Other Issues: The Pennsylvania DOT suggested that the SNPRM be
amended to acknowledge that both the President and State governors
[H]ave the executive authority to temporarily modify any vehicle
size or weight law or regulation, including the nondivisible
criteria, in order to provide for emergency relief to promote the
general welfare and public safety, without threat of Federal
sanction after the emergency.
While the FHWA would not necessarily impose sanctions if weight
enforcement suffered during emergencies that threatened public welfare,
Federal weight law simply does not authorize waivers of the Interstate
limits or regulatory definitions.
The Connecticut DOT suggested that we use the definition of a
nondivisible load to establish ``an Ultimate Limit or a guideline to be
used by manufacturing.'' Federal size and weight laws confer no
authority to regulate manufacturers.
The FHWA mentioned in the SNPRM that bulk commodities such as
liquids, grain, and cement are inherently divisible. The CRASH
suggested that the definition include ``a much more complete listing of
loads that are inherently divisible * * * .'' In view of the enormous
variety of products that move by truck, we do not believe divisible
loads could reasonably be itemized.
Grove Worldwide, a manufacturer of cranes, proposed that a load be
defined as nondivisible if dismantling it would cause a competitive
disadvantage, compromise the integrity and safety of the equipment when
disassembled, or jeopardize the warranty. The FHWA considers these
tests too far removed from the question of physical divisibility to be
appropriate.
Procedure to Review and Correct Final List
Sections 1023 and 4006 of the ISTEA provide a review and correction
procedure for the final list of ISTEA vehicles, published today as
appendix C to 23 CFR part 658. Any person or State may request that the
Secretary review the final list to determine if there is cause to
believe that it contains a mistake. The Secretary may also initiate the
review. If the Secretary believes an error exists, he or she must
commence a proceeding to determine if the list should be corrected, and
if so, make the correction. Proposed language establishing such a
procedure was included in the SNPRM. No comments were received on this
issue. Accordingly, that language has been adopted, unchanged, by this
final rule in Sec. 658.23(f).
Temporary Exemption for Public Transit Vehicles
Section 1023 of the ISTEA was amended by the Department of
Transportation and Related Agencies Appropriations Act for fiscal year
(FY) 1993, Public Law 102-388, 106 Stat. 1520. Section 341 added a new
subsection (h) which reads in part as follows:
(h) Public Transit Vehicles.--
(1) Temporary Exemption.--The second sentence of section 127 of
title 23, United States Code, relating to axle weight limitations
for vehicles using the Dwight D. Eisenhower System of Interstate and
Defense Highways, shall not apply, in the 2-year period beginning on
the date of the enactment of this Act, to any vehicle which is
regularly and exclusively used as an intrastate public agency
transit passenger bus. The Secretary may extend such 2-year period
for an additional year.
This prevents the FHWA from sanctioning States that fail to enforce
the Interstate axle-weight limits for public transit vehicles at least
until October 6, 1994. If the Secretary exercises the authority to
extend the exemption an additional year, it would apply until October
6, 1995. The 2-year exemption was included in the ISTEA to allow States
to suspend axle weight enforcement on the Interstate System against
public transit vehicles while the Secretary conducts the study called
for in section 1023(h)(2). That study, which is currently underway, is
to determine whether or not public transit vehicles should be exempted
from the requirements of 23 U.S.C. 127, State weight laws, or if such
laws should be modified to accommodate these vehicles. The FHWA and the
Federal Transit Administration published a joint notice and request for
comments on this issue on November 16, 1993 (58 FR 60481). A report on
the results of the study, along with recommendations, will ultimately
be submitted by the Secretary to Congress.
In a comment to the SNPRM docket, the American Public Transit
Association urged that the temporary exemption language be codified
into part 658. The FHWA agrees with this comment. Accordingly, the
exemption is codified in this final rule at Sec. 658.17(k).
Temporary Exemption for Emergency Vehicles
Section 1023(e) of the ISTEA added the following exemption from 23
U.S.C. 127:
(1) Temporary Exemption.--The second sentence of section 127 of
title 23, United States Code, relating to axle weight limitations
and the bridge formula for vehicles using the Dwight D. Eisenhower
System of Interstate and Defense Highways, shall not apply, in the
2-year period beginning on the date of the enactment of this Act, to
any existing vehicle which is used for the purpose of protecting
persons and property from fires and other disasters that threaten
public safety and which is in actual operation before such date of
enactment and to any new vehicle to be used for such purpose while
such vehicle is being delivered to a fire fighting agency. The
Secretary may extend such 2-year period for an additional year.
This prevented the FHWA from sanctioning States that failed to
enforce the Interstate axle-weight and Bridge Formula limits for fire
or emergency vehicles in actual operation on or before December 18,
1991, and for such equipment being delivered from the manufacturer to a
fire department. The normal gross weight limit was not affected by the
exemption. The exemption remained in effect through December 18, 1993.
The SNPRM proposed to codify the exemption at Sec. 658.17(k).
Two comments were received on this issue. The South Dakota DOT
expressed its desire to go on record as ``not in favor of allowing a
temporary or permanent axle weight exemption or bridge formula weight
exemption for emergency vehicles.'' The State contends that ``operation
of these vehicles overweight threatens the public's safety'' and ``that
emergency vehicles should be designed to operate within legal size and
weight limits.'' The Caltrans objected to the FHWA's interpretation of
the law which indicated that the normal gross weight limit (80,000
pounds) remained in effect during the period of the exemption. They
contend that gross weight is determined by the Bridge Formula and that
our interpretation was contradictory.
The FHWA believes that Congress intended the exemption in section
1023(e)(1) to cover (1) single- and tandem-axle limits, (2) application
of the bridge formula to intermediate axles (the inner bridge limits),
and (3) application of the Bridge Formula to the overall wheelbase of
the vehicle (the outer bridge limit). However, the 80,000-pound maximum
gross weight allowed by 23 U.S.C. 127(a) is not inherently part of the
Bridge Formula. It is a separate statutory restriction, and we do not
believe Congress intended to authorize an exemption to the 80,000-pound
limit.
The 2-year exemption was included in the ISTEA to allow States to
suspend enforcement action against these vehicles while the Secretary
conducted the study called for in section 1023(e)(2). That study has
been completed, as indicated above, and the authority of the Secretary
to extend the temporary exemption an additional year will not be
exercised. The temporary exemption expired December 18, 1993. However,
the definition of a nondivisible load adopted in this final rule
specifically declares emergency vehicles to be nondivisible. States may
therefore issue overweight permits for these vehicles if they wish.
Interstate System Weight Requirements
The first sentence in 23 U.S.C. 127(a) was amended by the STAA of
1982 to require all States to allow the maximum weights permitted by
Federal law on the Interstate System. In effect, the weight limits set
forth in section 127 became minimums which the States must allow, as
well as the maximums the States could allow, on the Interstate System.
Since the STAA amendment of section 127 became effective (January 6,
1983), States have occasionally argued that the amendment applied only
to the single-axle, tandem-axle, and maximum gross weight limits, and
not to gross weights developed by the Bridge Formula. In addition, a
degree of confusion regarding applicability has lingered over the years
as a result of the regulations issued to implement the STAA (49 FR
23302, June 5, 1984). Although those regulations were published 1\1/2\
years after enactment of the STAA, the statutory action making the
weight value minimums was not highlighted nor was any regulatory
language included.
The SNPRM proposed to clarify and resolve this issue by including a
Sec. 658.17(f) as follows.
(f) States may not enforce on the Interstate System vehicle
weight limits of less than 20,000 pounds on a single axle, 34,000
pounds on a tandem axle, or the weights derived from the bridge
formula, up to a maximum of 80,000 pounds, including all enforcement
tolerances.
Comments on this proposal were received from six State Departments
of Transportation (Arizona, Montana, Nevada, Oregon, South Dakota, and
Washington), as well as from the WASHTO's Subcommittee on Highway
Transport. All seven commenters objected to the paragraph as proposed
for fear that it would no longer allow the States to further control
axle weight using a regulation based on pounds per inch of tire width.
Each of the six States providing direct comments currently has this
type of weight control regulation in force. The ``Guide For Uniform
Laws and Regulations Governing Truck Size and Weight Among the WASHTO
States,'' prepared by the WASHTO Subcommittee on Highway Transport and
adopted by the WASHTO Policy Committee on June 26, 1993, recommends
that all 17 member States adopt a 600-pound/inch tire width weight
control.
State tire loading regulations are intended to limit the use of
single tires or wheels designed for dual tire applications. This is a
practice which results in higher pavement stress and shorter pavement
life, and greatly reduces the safety margin provided by dual tires.
Depending on the pound-per-inch limit chosen, these regulations may
also restrict the use of some ``super single'' tires. The Washington
State DOT included in its docket comments a copy of a report of
research on the effects of wide based single tires on flexible
pavements conducted by the FHWA at our Pavement Testing Facility during
1989 and 1990. Dual 11R22.5 radial tires, previously identified as one
of the most common truck tires in use today, were tested against a 425/
65R22.5 wide base single tire. Under a load rating methodology
established by the United States Tire and Rim Association, the load
ratings for the duals and the single are equivalent; however, the
footprint on the pavement is significantly different. The approximate
footprint of an 11R22.5 tire is 8.5 inches. Thus, two sets of duals
(four tires) can result in approximately 34 inches of tire being
available to transmit an axle load to the pavement. For the 425/65R22.5
wide base tire, the footprint is approximately 11 inches, which would
make approximately 22 inches available to transmit an axle load to the
pavement. The research demonstrated that the 425/65R22.5 wide based
single tire was significantly more damaging to conventional flexible
pavements than the traditional 11R22.5 dual tires.
The Federal axle weight limits on the Interstate System were
adopted to protect the tremendous Federal investment in that System.
Restrictions on the weight a tire may carry, based on its width, are
consistent with that goal and not forbidden by Federal law. It would be
anomalous to adopt axle weight limits to protect Interstate System
pavements and then prevent States from blocking the use of tires so
narrow that much of the protection was lost. In addition, a pound-per-
inch tire limit does not directly limit the weight that an axle may
carry, since additional or wider tires may be utilized. Therefore,
unless such restrictions operate so that, as a practical matter, axles
cannot be loaded to the Federal weight limits, they are not
inconsistent with 23 U.S.C. 127. We believe that laws limiting tire
weights as low as 500 pounds per inch width of tire or tread width will
allow axles to be loaded to the Federal axle weight limits without
particular difficulty.
Steering axles must be treated differently, however, since they
cannot always be equipped with wider or additional tires. The FHWA has
already recognized a different standard for steering axles by not
requiring States to allow truckers to load them to 20,000 pounds when
the manufacturer's weight rating is less than that. Therefore, States
may not impose pound-per-inch restrictions that would reduce the
allowed weight of steering axles on the Interstate System to less than
20,000 pounds or the manufacturer's weight rating, whichever is lower.
Arizona, Montana, and Oregon also suggested that proposed
Sec. 658.17(f) be amended to allow temporary weight restrictions based
on climatic conditions or emergencies.
Some northern States have for decades enforced lower axle limits
during spring thaw. When moisture in a pavement's sub-base, frozen
during the winter months, begins to melt, the load-carrying capacity of
the pavement structure is reduced until the moisture drains. The degree
of reduction is a function of the overall pavement structure thickness,
the type of underlying material, amount of moisture, and depth of frost
penetration.
Federal weight restrictions apply only to the Interstate System.
The standards to which the System has been built include pavement
designs developed with the strength to allow maximum legal weights year
round. The FHWA does not agree that there is a need to provide
regulatory flexibility for climatic conditions. The pavement design
parameters of the Interstate System preclude the need for this
authority. However, the States do retain the authority to establish
such restrictions for highways that are not part of the Interstate
System.
``Emergency'' weight restrictions requested by States generally are
not restrictions at all, but rather the lessening of restrictions to
allow heavier weights. For example, when natural disasters occur,
carriers, relief agencies, or States would often like to allow trucks
carrying relief supplies to exceed normal weight limits. Federal law
simply does not allow waivers of this kind. On the other hand, if a
flood or earthquake has seriously weakened a bridge or stretch of
pavement, it remains within the police powers of the State or
municipality to close or limit access to the facility in order to
protect the public.
Of the three exceptions to Sec. 658.17(f) sought by commenters, the
FHWA agrees that States should retain the authority to enforce the tire
loading restrictions, but does not concur in the request to provide
climatic or emergency restrictions. Accordingly, Sec. 658.17(f), as
proposed in the SNPRM, is amended to read as follows:
Sec. 658.17 Weight.
* * * * *
(f) Except as provided herein, States may not enforce on the
Interstate System vehicle weight limits of less than 20,000 pounds
on a single axle, 34,000 pounds on a tandem axle, or the weights
derived from the Bridge Formula, up to a maximum of 80,000 pounds,
including all enforcement tolerances. States may not limit tire
loads to less than 500 pounds per inch of tire or tread width,
except that such limits may not be applied to tires on the steering
axle. States may not limit steering axle weights to less than 20,000
pounds or the axle rating established by the manufacturer, whichever
is lower.
Bus Length and Access
Section 4006(b)(1) of the ISTEA amended section 411(a) of the STAA
[49 U.S.C. app. 2311(a)] by inserting ``of less than 45 feet on the
length of any bus,'' after ``vehicle length limitation.''
Section 4006(b)(2) of the ISTEA amended section 412(a)(2) of the
STAA [49 U.S.C. app. 2312(a)(2)] by inserting ``motor carrier of
passengers'' after ``household goods carriers.''
The first provision has the effect of requiring States to allow
buses with a length of 45 feet or less on the NN and reasonable access
routes. The second provision requires States to allow motor carriers of
passengers to have the same access off the NN as household goods
carriers, i.e., to ``points of loading and unloading.'' In the SNPRM,
the FHWA proposed changes to the ``Length'' and ``Reasonable Access''
sections of part 658 to account for these provisions.
Comments on this proposal were received from the Caltrans and the
Department of California Highway Patrol. Both agencies recommended that
a final rule include definitions of both ``bus'' and ``motor carrier of
passengers'' to ``prevent confusion on the interpretation and
application of the regulations.'' The FHWA agrees with this comment.
The STAA defines a ``commercial motor vehicle'' in part as ``any
self-propelled * * * vehicle used on the highways in [interstate]
commerce principally to transport passengers * * * (B) if such vehicle
is designed to transport more than 10 passengers, including the driver
* * *'' (49 U.S.C. app. 2301(1)(B)). While this definition applies only
to subchapter I of chapter 32 of title 49, U.S.C., which makes grants
available to States that agree to enforce Federal, or compatible State,
safety regulations, it is an indication of congressional intent. For
purposes of administering the commercial vehicle safety program,
``bus'' was defined in 49 CFR 390.5 as ``any motor vehicle designed,
constructed, and or used for the transportation of passengers,
including taxicabs.'' The Motor Carrier Safety Act of 1984 amended the
definition of a bus to a ``vehicle designed to transport more than 15
passengers, including the driver * * *.'' (49 U.S.C. app. 2503(1)(B)).
The intent of Congress, as expressed in the ISTEA, is to guarantee
national route availability and reasonable access for ``buses'' not
exceeding 45 feet in length. Since virtually all States already allowed
40-foot buses to operate Statewide prior to the ISTEA, the number of
passengers the vehicle is designed to carry is not an issue, simply the
establishment of a national standard length. Accordingly, this final
rule will use the most generic of the definitions already established,
that found in 49 CFR 390.5.
While the term ``motor carrier of passengers'' has not previously
been defined, this type of operation can generally be characterized as
belonging to at least one of three groups: (1) Common carriers that
offer service on regular (and sometimes on irregular) routes, (2)
contract carriers that provide charter service to groups, or (3)
private carriers that do not serve the public but use buses as part of
some other enterprise. Someone who uses a 45-foot bus for recreational
or other non-business purposes would not qualify as a motor carrier of
passengers. For this final rule ``motor carrier of passengers'' is
defined as follows:
Motor Carrier of Passengers--is a common, contract, or private
carrier using a bus to provide commercial transportation of
passengers.
The list of definitions contained in 23 CFR 658.5 has been amended
to include this definition. In addition, the provisions of Sec. 658.13
(Length) and Sec. 658.19 (Reasonable Access) have been amended to
account for these provisions.
Lengths of Trailers and Semitrailers
Fruehauf Trailer Corporation (Fruehauf) commented that the FHWA
should clarify the methods by which length is determined for trailers
which are part of a multi-unit vehicle subject to the freeze. Because
of the attention focused on the LCV length issue by the freeze,
Fruehauf contends that it is important that all States (and enforcement
agencies) have a uniform understanding of how the length of the
individual units is to be determined. Fruehauf's specific concern is
with full trailers used in LCV's which are actually made up of a
semitrailer and a converter dolly.
In a Notice of Interpretation (NOI) published on March 13, 1987, at
52 FR 7834, the FHWA addressed the issue of trailer or semitrailer
length, as part of an overall discussion of length and width exclusive
devices. The first length interpretation is relevant here.
1. The length of a semitrailer equipped with an upper coupler
(mates with a truck tractor fifth wheel) and a full trailer (with
either a permanently mounted dolly or equipped with a converter
dolly) is to be measured from the front vertical plane of the
foremost transverse load carrying structure to the rear vertical
plane of the rearmost transverse load carrying structure. The towbar
of a full trailer is excluded from the length measurement (of that
trailer) since, technically, it carries no load, but rather it is
the means by which the trailer unit is drawn.
The length of any two or more units subject to the freeze
requirements of section 4006 is to be measured from the front of the
foremost transverse load-carrying structure of the first cargo-carrying
unit to the rear of the rearmost transverse load-carrying structure of
the last such unit. The upper coupler on a semitrailer is not to be
included in the length determination of these units.
National Network--California
This final rule will also amend appendix A to 23 CFR part 658,
National Network--Federally-Designated Routes, to reflect the inclusion
of the I-580 Richmond-San Rafael Bridge (toll) in the NN. Under the
STAA, all Interstate System routes are part of the NN unless deletion
is authorized by law. The I-580 Richmond-San Rafael Bridge was withheld
from the NN until a direct connection to I-80 from the east end of the
bridge could be completed. This condition was reflected in Note 1 to
the California listing of NN routes in appendix A. Now that this
connection has been completed, the FHWA is amending appendix A by
removing Note 1 and redesignating Note 2 as ``Note.''
This amendment will merely reflect the fact that the I-580
Richmond-San Rafael Bridge is now included in the NN pursuant to the
provisions of the STAA. For this reason, and the others set forth
above, the FHWA has determined that prior notice and opportunity for
public comment on this action are unnecessary. Furthermore, due to the
technical nature of this amendment, the FHWA has determined that prior
notice and opportunity for comment are not required under the U.S.
Department of Transportation's Regulatory Policies and Procedures, as
it is not anticipated that such action will result in receipt of useful
information.
National Network--Virginia
The ISTEA freeze applies to the operation of specified CMV's on the
Interstate and other portions of the NN. The identification of NN
routes in Virginia contained in appendix A to 23 CFR part 658 utilizes
Interstate System exit numbers to identify the beginning or end of some
NN routes. During 1992, the State converted all Interstate System exit
numbers from a consecutive number system to a milepost numbering
system. In response to this portion of the SNPRM, the State indicated
that there appeared to be a discrepancy between what was published in
the SNPRM and what the State was considering to be its NN.
The State list not only includes those highway sections designated
by the Secretary which comprise appendix A to part 658, but also
additional segments which the State has also decided to open to STAA
vehicles. Each State retains the authority to open additional mileage,
beyond what is listed in appendix A of part 658, to STAA vehicles
without the approval of the Secretary. In order to identify NN routes
in Virginia which have been federally designated, we are reissuing the
State's NN routes in appendix A, 23 CFR part 658, to reflect the new
milepost-based exit numbers.
Definition Of Maxi-Cube
Among the vehicles specifically excluded from listing in appendix
C, and therefore not subject to the restrictions described in section
4006 of the ISTEA, is the maxi-cube vehicle. ``Maxi-Cube'' is a
registered trademark of LHT Industries, which designed the vehicle, but
the maxi-cube regulations adopted in this rule apply to any vehicles
that meet their terms.
In 1987, Congress amended the STAA by adopting a definition of a
maxi-cube and authorizing the vehicle to operate on the same terms as
other STAA vehicles (49 U.S.C. app. 2311(f)(2) and 2311(c),
respectively). It soon became apparent that the definition, reproduced
below, was flawed:
(2) For purposes of this section, maxi-cube vehicle means a
truck tractor combined with a semi-trailer and a separable cargo-
carrying unit which is designed to be loaded and unloaded through
the semi-trailer, except that the entire combination shall not
exceed 65 feet in length and the separable cargo-carrying unit shall
not exceed 34 feet in length.
49 U.S.C. app. 2311(f)(2).
Although the term maxi-cube was intended to apply to a specific
combination of straight truck and trailing unit, the 1987 language
described the power unit as a ``truck tractor,'' which the STAA
elsewhere defines as ``the noncargo carrying power unit that operates
in combination with a semitrailer or trailer * * * `` (49 U.S.C. app.
2311(f)(1)).
Theoretically, therefore, the maxi-cube is a noncargo-carrying
power unit combined with a semitrailer and a separable cargo-carrying
unit which is designed to be loaded and unloaded through the semi-
trailer. Unfortunately, this vehicle is a chimera. The separable cargo-
carrying unit cannot be placed on the ``noncargo carrying'' power unit,
and if it were placed on the semitrailer, the result would seem to be a
truck tractor-chassis-intermodal container combination. Container
vehicles had long been legal, however, so the 1987 language certainly
was not directed at them. In some sense all containers and semitrailers
are designed to be loaded and unloaded ``through'' themselves, but the
description does not really fit a combination with only one cargo-
carrying unit. The fact is that the definition of the vehicle to be
authorized did not correspond to the actual vehicle.
Recognizing the problem, Congress amended the STAA again in 1990 to
make maxi-cubes ``specialized equipment'' and thus eligible for the
special regulatory treatment authorized by 49 U.S.C. app. 2311(d). The
accompanying report of the House Appropriations Committee said the
following:
The bill includes language (Sec. 327) amending section 411(d) of
the Surface Transportation Assistance Act of 1982 regarding maxi-
cube vehicles. A maxi-cube vehicle is a truck combination consisting
of a power unit capable of carrying cargo that pulls a semitrailer.
The power unit is a single or tandem axle truck that carries either
a detachable or a permanently attached cargo box or platform. The
trailing unit is a semitrailer attached to the front unit by a
specially built draw bar which gives the entire combination a single
point of articulation. The front of the rear unit is specially
designed so cargo may be loaded through the rear unit to the front
unit. The length of the trailing cargo unit can be no more than 34
feet excluding the draw bar. The distance from the front of the
cargo box on the power unit to the rear of the trailing unit can be
no more than 60 feet.
(H.R. Rep. No. 584, 101st Cong. 2d Sess. at 78-79 (1990).)
Although this is an accurate description of a maxi-cube, the flawed
definition of the same vehicle in 49 U.S.C. app. 2311(f)(2) was not
repealed. In the SNPRM, the FHWA therefore exercised its broad
discretionary authority over specialized equipment to propose a
definition of the maxi-cube that largely codified the policy guidance
of the Committee Report while omitting or modifying the erroneous parts
of the statutory definition. We believe this is consistent with the
principle that ambiguous or confusing statutes must be interpreted and
implemented in a manner that minimizes difficulties and produces the
most sensible result.
The definition of a maxi-cube proposed in the SNPRM has been
adopted in this final rule, with slight modifications for clarity. It
should be noted that the word ``semitrailer'' used in the statute and
Committee Report has been changed to ``trailer or semitrailer,'' since
some of the vehicles built as maxi-cubes in recent years are equipped
with pintle-hooks, non-load-bearing hitches used for full trailers.
Others are equipped with load-bearing fifth-wheel hitches typical of
semitrailers. This modification of the definition is well within the
FHWA's authority to promulgate rules to accommodate specialized
equipment.
The SNPRM also proposed that maxi-cube vehicles should be measured
with the adjustable-length drawbar (if so equipped) at its maximum
extension, since we assumed that was how the drawbar would be
positioned for over-the-road operations. The Pennsylvania DOT supported
this proposal in its comments to the docket.
It appears, however, that adjustable drawbars usually are not fully
extended when the vehicle is in motion. Magna Van and Coca Cola
commented that 24 inches is the normal distance between the first and
second units of their maxi-cube vehicles during over-the-road
operations, but that longer distances are used for access to driveways
and transferring freight in off-road situations. Other information
submitted to the docket indicated that 27 inches is probably the
longest distance between cargo units for highway travel. However, there
are times when a longer drawbar setting may be desirable, such as on
rough terrain to keep the cargo boxes from hitting each other; in urban
areas while making sharp turns; or while loading and unloading cargo
from the front unit while the rear unit is attached. The maximum
reported unit separation in these instances is 42 inches.
The FHWA believes Congress intended the maxi-cube length limits to
apply to vehicles in their normal operational configuration. We have
concluded that the cargo capacity of these vehicles would be needlessly
reduced if the rule required length measurements to be made with the
drawbar at maximum extension, since that position is used only to
assist in low-speed maneuvering or loading and unloading. The last
sentence of Sec. 658.13(e)(4) has therefore been modified to read:
If the maxi-cube vehicle is equipped with an adjustable drawbar,
the 60- and 65-foot distances shall be measured with a drawbar
spacing of not more than 27 inches. The drawbar may be temporarily
extended beyond that distance to maneuver or load the vehicle.
The American Movers Conference believes that the load-through
feature of the maxi-cube should be made optional. We do not agree. That
language is included both in the statutory definition in 49 U.S.C. app.
2311(f)(2) and in the Appropriations Committee report. This feature is
one of the primary reasons Congress declared maxi-cubes specialized
equipment. Removing the load-through element from the definition would
make these vehicles indistinguishable from truck-trailer combinations.
The State of Connecticut asked if the maxi-cube vehicle will be
designated as specialized equipment since it will be limited to the NN
and reasonable access routes. Maxi-cube vehicles are by statute
specialized equipment, and Federal regulations for such equipment apply
only on the NN and reasonable access routes.
This action concludes the FHWA rulemaking proceeding that was
designated with the regulation identification number 2125-AC65.
Beverage Semitrailers
A rulemaking to designate as specialized equipment the 28-foot van-
type, drop-frame beverage semitrailer when it is equipped with an upper
coupler plate that extends in front of the semitrailer, has been
underway since 1990. The last action on the subject was publication of
an NPRM on June 25, 1990, at 55 FR 25850. The final rule was being
prepared when the ISTEA was enacted. Since the rulemaking necessary to
implement the ``LCV-freeze'' would, like the beverage semitrailer rule,
amend 23 CFR part 658, the decision was made to include both in a
single document. Since they amend the same existing regulation,
combining them minimizes the number of separate changes made to an
already complex regulatory document.
The STAA, codified at 49 U.S.C. app. 2311 et seq., established
length and width standards for vehicles using the highways designated
as the NN (appendix A to 23 CFR part 658 (1993)). The STAA prohibited
any State from enforcing a length limit of less than 28 feet on a
semitrailer or trailer operating in a truck tractor-semitrailer-trailer
combination on the NN (49 U.S.C. app. 2311 (a)). The STAA, under an
equipment grandfather provision, also allows the use of 28.5-foot
semitrailers and trailers in truck tractor-semitrailer-trailer
combinations if they were actually and lawfully operating on December
1, 1982, within a 65-foot overall length limit in any State. The
statute prohibited any State from denying reasonable access to points
of loading and unloading for a truck tractor pulling a single 28-foot
(28.5-foot if grandfathered) semitrailer that generally operates as
part of a truck tractor-semitrailer-trailer combination. In addition,
the STAA gave the Secretary authority to exclude from measurement of
trailer length and width, devices necessary for the safe and efficient
operation of CMV's, provided length exclusive devices did not have, by
design or use, the capability to carry cargo (49 U.S.C. app. 2311(h),
2316(b)).
Questions involving permissible vehicle length and length exclusive
devices are critical to a new design for 28-foot beverage semitrailers.
As used in this proceeding, ``beverage'' means a liquid for drinking,
including water. One new design places the kingpin under the nose of
the trailer with a portion of the upper coupler plate extending beyond
the front of the vehicle. Since these beverage semitrailers use an
enclosed van-type, drop-frame design, mounting the kingpin in this
manner allows the drop-frame portion of the semitrailer to be extended
forward. The FHWA has issued several NOI of length and width exclusive
devices. The most recent was published on March 13, 1987, at 52 FR
7834. That NOI recognized a number of length-exclusive design features,
including (1) the pickup plate lip of the upper coupler, and (2) any
non-load-carrying device which falls within the swing radius of the
semitrailer (measured from the center line of the kingpin to the front
corner of the semitrailer). As applied to the new design described
above, these two provisions have proved difficult to administer and
have caused confusion and misunderstanding between the FHWA and the
industry. The June 25, 1990, NPRM proposed to designate as specialized
equipment van-type, drop-frame beverage semitrailers. A 30-day comment
period (through July 25, 1990) was provided.
In addition to seeking general comments, the NPRM requested all
interested parties to respond to four questions concerning these
vehicles.
The FHWA solicited comments on the following questions as well as
other comments:
1. Should ``beverage trailer'' and ``beverage semitrailer'' be
defined in the proposed regulation?
2. Is the proposed length limit for the upper coupler extension of
the semitrailer clear?
3. Will the semitrailer, as configured, be as safe as one with the
upper coupler plate positioned fully under the semitrailer?
4. Will the position of the center of the kingpin, not more than 28
feet from the rear of the semitrailer, produce offtracking
characteristics that are significantly greater than those of
conventional 28-foot semitrailers?
Discussion
Eight responses to the June 25, 1990, NPRM were submitted to the
docket. The respondents included four State Departments of
Transportation; California (Caltrans), Florida (FDOT), Minnesota
(MnDOT), and Virginia (VDOT) and the Connecticut Department of Motor
Vehicles, the Port Authority of New York and New Jersey, Hackney and
Sons, Inc. (trailer manufacturer), and one individual. Of these
respondents, six favored designating the beverage semitrailer as
specified equipment, one (Caltrans) opposed, and one (VDOT) was not
sure the vehicle could operate on its current system of highways for
STAA dimensioned vehicles.
Comments Submitted to Docket 90-9
1. Should ``beverage trailer'' and ``beverage semitrailer'' be
defined in the proposed regulation?
Six respondents commented on defining the ``beverage trailer'' and
``beverage semitrailer.'' Two State DOT's (FDOT and VDOT) and the Port
Authority requested that the terms ``beverage trailer'' and ``beverage
semitrailer'' be defined in order to administer the regulation without
erroneous interpretations. They see this terminology as a potential
enforcement problem. The individual stated that the definition was
incomplete as it was now written and should specify that the trailer
has side access only for cargo. The trailer manufacturer requested that
it not be defined because the trailers are also used for palletized
cargo as well. Other types of cargo hauled on this type of trailer
include automobile batteries, coin compartments from pay telephones,
mushrooms, and nursery plants.
The trailer manufacturer also suggested that the regulation read as
follows: ``with the center line of the kingpin mounted not more than 28
feet from the rear of the semitrailer * * *.'' It requested the
addition of the words ``the center line of'' because (1) in the
semitrailer design under consideration, every inch is important, (2)
this change would provide more swing clearance for the tractor under
the gooseneck area of the semitrailer, (3) the length of the trailer
body would not be increased, and (4) it is common in the industry to
specify kingpin location by kingpin center. Based on these comments,
the FHWA has modified the definition to state that the semitrailer have
``side access only'' and that the cargo be limited to bottled or canned
beverages. The definition has also been revised to allow the 28-foot
length to be measured from the centerline of the kingpin to the rear of
the semitrailer.
2. Is the proposed length limit for the upper coupler extension of
the semitrailer clear?
The trailer manufacturer and the individual commented that the
proposed length limit of the upper coupler was clear and in a workable
location. They did not foresee any possible misinterpretation. The
trailer manufacturer responded that by limiting the upper coupler
extension to fall within the swing radius of the front corner of the
semitrailer it is both clear and very workable. This approach has been
allowed for the purpose of excluding other front-mounted items from
length measurement and accordingly is to be used for this case as well.
The FDOT commented that the proposed length limit was not clear as
described in the June 25, 1990, NPRM. The FDOT also suggests that
language is needed to assure that the coupler plate does not become a
cargo carrier in and of itself and that the device stays reasonable in
length. The MnDOT responded that its law currently allows semitrailers
of 28.5 feet, in three vehicle combinations, and the proposed design
would only minimally exceed the current standard.
In accordance with these comments, the FHWA concludes that not
allowing the upper coupler plate extension to extend beyond the swing
radius of the semitrailer is a clear and sufficient means to restrict
the length of this device. The operational rules have been amended to
specify that the upper coupler plate itself cannot be used to carry
cargo.
3. Will the semitrailer, as configured, be as safe as one with the
upper coupler plate positioned fully under the semitrailer?
The Caltrans, MnDOT, trailer manufacturer, and individual agreed
that the configuration would be as safe as the upper coupler positioned
fully under the semitrailer. The FDOT commented that the final rule
should include requirements similar to those found in 49 CFR part 393,
subpart F--Coupling Devices and Towing Methods. These and other Federal
regulations continue to apply to beverage trailers and need not be
cross-referenced in every other applicable regulation. Due to the
specialized nature of the equipment discussed here, however, reference
to an applicable provision of 49 CFR part 393 is included.
The trailer manufacturer responded that the configuration would be
safe because the maximum kingpin-to-trailer axle span will be 25.5
feet. A single 53-foot semitrailer can have a kingpin-to-center of
trailer tandem-axle span of 45.5 feet and still be considered safe. The
individual commented that there is no reason to believe that trailers
produced to this configuration would be less safe than trailers with
upper couplers fully under the trailer. Dump trailers and short
container chassis often have configurations that place the kingpin
forward of the body.
The VDOT commented that demonstrations should be conducted with
each type of semitrailer to determine any difference between the two
mounting plates. A demonstration is not necessary because this style of
trailer has been in operation for several years, and the operating
characteristics are known to be compatible to other trailers in current
use.
Based on the comments, the FHWA concludes that the semitrailer as
configured will be as safe as one with the upper coupler positioned
fully under the semitrailer.
4. Will the position of the kingpin, not more than 28 feet from the
rear of the semitrailer, produce offtracking characteristics that are
significantly greater than those of conventional 28-foot semitrailers?
The Port Authority and the manufacturer responded ``no'' to the
question. The Port Authority commented that it appears to them that the
offtracking of the beverage semitrailer combinations set forth in the
proposed regulation will not differ significantly from the conventional
semitrailer combinations already permitted upon port authority
vehicular crossings. The trailer manufacturer used a ``sum of squares''
method to determine offtracking (Society of Automotive Engineers (SAE)
J695) and does not find a great increase in offtracking.
The individual commented that offtracking of these specialized
trailers will be greater than conventional 28-foot trailers since the
distance from the kingpin to the trailer's axle will increase by up to
3 feet. Also, using the techniques of SAE J695, he calculated the
offtracking for conventional and beverage semitrailers as shown in the
following table:
Comparison of Offtracking of Selected Semitrailers
------------------------------------------------------------------------
Radius
conventional Conventional 28- Beverage
curve semitrailer foot semitrailer semitrailer 48-foot
------------------------------------------------------------------------
50 feet.......... 6.86 feet........ 8.70 feet.......
120 feet......... 2.55 feet........ 3.17 feet....... 8.53 feet.
------------------------------------------------------------------------
The FDOT responded that the potential of an extra 2 or 3 feet to
the kingpin setting may be important with units running as a tandem
combination; however, as a single-unit semitrailer, the difference
would be insignificant when considering the 41-foot kingpin setting
that is being discussed as a de facto national limit for such settings.
Based on the comments, the FHWA concludes that the offtracking
characteristics of the beverage semitrailer being designated as
specialized equipment are not significantly greater than those of
conventional 28-foot semitrailers.
5. Other comments.
The Caltrans, FDOT, and MnDOT expressed concerns about future
petitions for the FHWA to propose a similar rule for longer beverage
semitrailers or semitrailers of a similar design for carrying other
goods. The Caltrans' concern is that the beverage semitrailer is
another small step toward allowing larger vehicles by means of an
exception process. For example, since the weight of the beverage
semitrailer and load rest on the upper coupler plate extending from the
front of the semitrailer, why not allow the van portion to the
semitrailer to be extended over the plate? Also, if a weight supporting
upper coupler plate is permitted for a 28-foot beverage semitrailer, is
a 48-foot beverage semitrailer next? The possibility of a 48-foot
beverage semitrailer raises strong concerns about offtracking. A
typical semitrailer has the kingpin located 3 feet from the front of
the semitrailer. The Caltrans' evaluation of the State Highway System
for designation of terminal access routes is on the basis of a 48-foot
trailer with a 43-foot kingpin-to-center of the rearmost axle which is
equivalent to the 41-foot kingpin-to-center of tandem axles.
The FDOT responded that the proposed rule needs to be modified to
assure that other trailers/semitrailers do not grow in length as a
result of this proposed rule. It should be expected that other segments
of the industry will seek the same benefits as are being provided to
the beverage haulers under this proposed rule. Similarly, the MnDOT
would discourage the FHWA from further ``piecemeal'' exemptions until a
comprehensive review of the commercial vehicle length definition is
conducted. The State finds that this examination is warranted in light
of the recent research from the Roads and Transportation Association of
Canada, which demonstrates that the U.S. may in fact be discouraging
uniformity and the use of more stable vehicle configurations on U.S.
highways, due to current vehicle definitions. The State supported the
use of the terms ``box length'' and uniform ``kingpin or wheelbase''
for specifying length limits for commercial vehicle equipment. On the
other hand, the MnDOT also commented that the configuration under
discussion here would not have adverse effects on pavements, bridges,
or maneuvering.
The FHWA understands the concerns of these States about its
handling of petitions from other segments of the trucking industry for
relief similar to that being provided for beverage semitrailers. The
FHWA also recognizes that different ways to specify trailer length
provisions do exist. Future petitions for similar relief provisions
will be evaluated with these concerns in mind.
Finally, the Caltrans commented that the 28-foot beverage
semitrailer was not specialized equipment, but rather another attempt
to incrementally increase (by regulatory action) the limits set by the
STAA. The FHWA disagrees. This equipment as defined by this rulemaking
is highly specialized.
Conclusions
In order to remove any doubt about using 28-foot beverage
semitrailers with an upper coupler plate that extends beyond the front
of the semitrailer on the NN without a special permit, the FHWA is
designating them as specialized equipment pursuant to our authority
under section 411(d) of the STAA (49 U.S.C. app. 2311(d)).
This designation as specialized equipment applies only to van-type,
drop-frame, side-loading only, beverage semitrailers for which the
upper coupler plate extends beyond the front of the semitrailer, and
the distance from the centerline of the kingpin connection to the rear
of the semitrailer is not greater than 28 feet. The rule preempts
States from imposing an overall length limit on such vehicles operating
in semitrailer or double trailer combinations and guarantees these
truck tractor-single beverage semitrailer combinations the same access
to points of loading and unloading as 28-foot (28.5-foot if
grandfathered) semitrailers in 23 CFR 658.19. After reviewing the
comments to the docket, the FHWA has concluded that this action would
allow for a productivity gain without adversely effecting public
safety. A definition of beverage semitrailer has been added to
Sec. 658.5, and regulatory language has been added to Sec. 658.13. This
action concludes the FHWA rulemaking proceeding that was designated
with the regulation identification number 2125-AC57.
Certification
Section 1023(c) of the ISTEA amended 23 U.S.C. 141(b) by adding a
new sentence at the end which reads as follows:
Each State shall also certify that it is enforcing and complying
with the provisions of section 127(d) of this title and section
411(j) of the Surface Transportation Assistance Act of 1982.
(49 U.S.C. app. 2311(j)).
As implemented by 23 CFR 657.13, 23 U.S.C. 141(b) requires each
State to certify annually that it is enforcing its size and weight laws
on the Federal-aid Primary System (FAP), Federal-aid Urban System
(FAU), Federal-aid Secondary System (FAS), and the Interstate System in
accordance with 23 U.S.C. 127.
Under the new ISTEA provision, States must also certify that they
are enforcing and complying with the ISTEA freeze on the use of LCV's
and other multi-unit vehicles. Failure to certify would subject a State
to the penalties provided in 23 U.S.C. 141(c)(2).
The ISTEA, however, effectively replaced the FAP with the NHS, and
eliminated the FAU and FAS Systems, without providing a conforming
amendment to 23 U.S.C. 141(b). Until 23 U.S.C. 141 is amended to
reflect changes in system nomenclature, the FHWA will require the
States to certify size and weight enforcement on those routes which,
prior to October 1, 1991, were designated as part of the FAP, FAS, or
FAU Systems.
The State of Alaska objected to the certification statement
proposed in the SNPRM. That statement would require the State to
certify that it is enforcing the freeze provisions of 23 U.S.C. 127(d)
and that its State laws are consistent with 23 U.S.C. 127 (a) and (b).
Alaska asserts that section 127 does not apply to the State because the
State does not have any Interstate System mileage as defined in 23
U.S.C. 103, 139(a) or 139(b). The FHWA agrees with this comment.
The same situation with respect to highway system also exists in
Puerto Rico, which is considered a ``State'' for the purposes of title
23, United States Code.
The certification language proposed by the SNPRM has been retained,
except that language to recognize the situations in Alaska and Puerto
Rico has also been included.
Language describing size and weight enforcement coverage in urban
areas has also been clarified in this final rule.
Since its initial publication in 1980 (45 FR 52365), Sec. 657.15
has required that ``Urban areas not subject to State jurisdiction shall
be identified and the statement shall address total (Federal-aid)
mileage involved and an analysis of enforcement efforts in such
areas.'' In practice, the FHWA's interpretation of this requirement
over the years has been to focus on those areas over 50,000 population,
also called urbanized areas (as determined by the Bureau of the
Census). The FHWA recognizes an area as ``urban'' when the population
is 5,000 or more. It is not now, nor has it ever been, the intent of
the FHWA to require extensive size and weight enforcement activities,
or an analysis thereof, in areas with a population between 5,000 and
50,000. The intent of this requirement has always been to ensure that
an adequate size and weight enforcement effort be conducted by larger
cities, i.e., over 50,000 population, where the State weight
enforcement agency does not have legal jurisdiction. Substitution of
the word ``urbanized'' for ``urban'' (both terms as defined in 23
U.S.C. 101) in the second sentence of Sec. 657.15(b) accomplishes this
clarification.
What, prior to October 1, 1991, was Federal-aid system mileage in
urban areas of less than 50,000 population, should continue to be
covered by the State's overall weight enforcement program. This change
in wording does not preclude, nor should it discourage, weight
enforcement activity by local jurisdictions. Such activity is
encouraged with results to be reported as part of the overall
enforcement activity in the State.
Conforming Amendment
ISTEA section 4006(c) consisted of a conforming amendment as
follows:
Section 411(e)(1) of such Act (the STAA of 1982) is amended by
striking ``those Primary System highways'' and inserting ``those
highways of the Federal-aid primary system in existence on June 1,
1991 * * *.''
Section 411(e)(1) of the STAA describes the type of highways that
the Secretary shall designate as open to the vehicles described by the
STAA. These designated highways, in combination with the Interstate
System, have come to be known as the NN. The ISTEA effectively replaced
what had been known as the FAP System with the NHS. This conforming
amendment corrects the technical problem of designating segments of a
highway system (the FAP) which no longer exists. The necessary
corrections to the definitions of ``Federal-aid Primary System'' and
``National Network,'' both found in 23 CFR 658.5, have been made by
this final rule.
Operation of Certain Specialized Hauling Vehicles on Interstate Route
68
Section 1023(d) of the ISTEA added 23 U.S.C. 127(e) to read as
follows:
(e) Operation of Certain Specialized Hauling Vehicles on
Interstate Route 68.--The single-axle, tandem-axle, and bridge
formula limits set forth in subsection (a) (23 U.S.C. 127(a)) shall
not apply to the operation on Interstate Route 68 in Garrett and
Allegany Counties, Maryland, of any specialized vehicle equipped
with a steering axle and a tridem axle and used for hauling coal,
logs, and pulpwood if such vehicle is of a type of vehicle as was
operating in such counties on United States Route 40 or 48 for such
purpose on August 1, 1991.
This exempts the described vehicles with selected cargo from the
axle and Bridge Formula weight limits that Maryland must enforce on
Interstate Route 68 in Allegany and Garrett Counties. However, the
normal gross weight limit (80,000 pounds) remains in effect. This
change is adopted by this final rule in Sec. 658.17(j).
Reassignment of Size and Weight Responsibilities Within the FHWA
On October 1, 1991, responsibility for the vehicle Size and Weight
and NN Programs in the FHWA's regional and divisional offices was
transferred to the Office of Motor Carriers. Revisions to 23 CFR 657.11
and 657.17 were proposed in the SNPRM to reflect this change.
No comments were received on this issue. This final rule includes
the changes as proposed.
Size and weight responsibilities in the Washington, DC.,
Headquarters office remain assigned to the Office of Motor Carriers.
Rulemaking Analyses and Notices
This final rule implements sections 1023 and 4006 of the ISTEA,
which restrict the operation of LCV's on the Interstate Highway System
and CMV combinations with two or more cargo-carrying units on the NN to
the type of vehicles in use on or before June 1, 1991, subject to
whatever State rules, regulations, or restrictions were in effect on
that date.
As noted in the following paragraphs, the FHWA has determined that
this rulemaking is: (1) Not a significant regulatory action within the
meaning of Executive Order 12866; (2) not a significant action within
the meaning of Department of Transportation Regulatory Policies and
Procedures; (3) will not have a significant economic impact on a
substantial number of small entities; (4) does not require the
preparation of a federalism assessment; and (5) does not require the
preparation of an environmental impact statement. All of these findings
were made and included in the NPRM and again in the SNPRM, in each case
after the FHWA had carefully reviewed the applicable Federal statutes
and Executive Orders.
The WTA submitted comments to the docket in response to both the
NPRM and the SNPRM challenging what it saw as the FHWA's casual
dismissal of determinations required by various statutes and Executive
Orders. In comments on the NPRM, the WTA argued that a long-term effect
of any freeze would be to prohibit the natural evolution of technology
in the trucking industry. Such a situation, in turn, would be likely to
cause major and significant impacts on competing transportation modes,
related businesses, and the general public. Accordingly, the WTA
insisted that the FHWA conduct (1) a full regulatory evaluation, (2) a
full economic assessment, (3) a federalism assessment, and (4) an
environmental impact study.
Effects on Small Entities and Other Economic Issues
After undertaking the analysis required by the Regulatory
Flexibility Act (5 U.S.C. 601-612), the FHWA reiterated in the SNPRM
its conclusion that this rulemaking would not have a significant
economic impact on a substantial number of small entities. This
conclusion remains unchanged in this final rule. The WTA, responding to
an earlier document, stated that ``there is no question that the form
and substance of this NPRM are clearly harmful to small entities. Most
businesses affected in Wyoming are small entities. The few large
entities doing business in Wyoming are similarly adversely affected.''
This rule in no way restricts the ability of small entities to
enter the LCV segment of the motor carrier industry. The LCV segment of
the industry can expand as rapidly as it finds customers. Neither the
rule nor any State affected by the rule limits the number of LCV's that
may be placed in service, or the number of motor carriers that may
operate them. The rule does not reduce the highway network on which
carriers may run LCV's; it simply lists the routes where the States
have decided very large vehicles can operate without seriously damaging
pavements and bridges. In Wyoming, that amounts to every NN route in
the State.
The WTA seems to be demanding, not better regulatory analyses, but
something like a full-scale econometric model of the transportation
segment of the economy. The WTA apparently believes that such a model,
when run, would demonstrate that the ISTEA freeze is likely to change
the competitive balance between railroad and highway transportation,
retard the technological development of trucks, reduce employment in
the motor carrier industry, and raise freight costs.
Because the LCV freeze includes all State routes currently in use,
and because we are not aware that any State wishes to expand its LCV
network, we expect that the freeze will have none of the effects
predicted by the WTA, at least in the short term. The FHWA believes
that the ``frozen'' LCV Network offers ample opportunity for reasonable
growth. Insufficient data exist to evaluate the possible longer-term
effects of this rulemaking, and any conclusions presented here would be
speculative in nature.
Environmental Issues
In considering this rulemaking action from the perspective of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
(NEPA), the FHWA has twice found that it would have no effect on the
quality of the environment. The WTA disagreed: ``A rule which dictates
increased use of fuels, a scarce natural resource, affects the quality
of the environment in a negative fashion.'' The rule does not dictate
increased use of fuels. If LCV's move freight at a lower fuel or
emission cost per ton/mile than other motor vehicles, as the WTA
appears to believe, the rule would not prevent LCV's from displacing
less efficient vehicles. The FHWA sees no reason to change its
conclusion.
Changes to Part 658--National Network
As discussed earlier, this final rule makes two technical
amendments to appendix A, 23 CFR part 658, which lists federally-
designated routes on the NN. These changes would amend the listings for
California, to reflect the inclusion of the I-580 Richmond-San Rafael
Bridge in the NN, and also for Virginia, to reflect that State's new
milepost-based exit numbering system. For the reasons set forth earlier
in this document, the FHWA has determined that prior notice and
opportunity for comment are not required for either amendment under the
U.S. Department of Transportation's Regulatory Policies and Procedures,
as it is not anticipated that such action will result in the receipt of
useful information.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or
significant within the meaning of U.S. Department of Transportation
Regulatory Policies and Procedures. It is anticipated that the economic
impact of this rulemaking will be minimal; therefore, a regulatory
evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act, the FHWA has
evaluated the effects of this rule on small entities. Based on the
evaluation, the FHWA hereby certifies that this action will not have a
significant economic impact on a substantial number of small entities.
This action merely lists applicable limitations by specific vehicle
configuration, by State, in effect on June 1, 1991, and will not
further restrict the operation of any vehicle in lawful operation on or
before June 1, 1991, which is subject to those limitations.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment. Although its effect
will be to prevent the expansion of the ISTEA vehicle network beyond
that which States allowed on June 1, 1991, that is a direct result of
the underlying statute. Moreover, there is no indication at this time
that the States planned any significant expansion of that network which
would be impeded by this requirement. This action merely implements
requirements of the ISTEA.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities do not apply to this program.
Paperwork Reduction
This action does not contain an additional or expanded collection
of information requirement for purposes of the Paperwork Reduction Act
of 1980, 44 U.S.C. 3501 et seq. Data collection necessary for the
States to be able to certify enforcement of State size and weight laws
currently operates under OMB approval number 2125-0034.
National Environmental Policy Act
The FHWA has analyzed this action for the purpose of the NEPA and
has determined that this action would not have any effect on the
quality of the environment.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 23 CFR Parts 657 and 658
Grant programs--transportation, Highways and roads, and Motor
carrier size and weight.
Issued on: May 27, 1994.
Rodney E. Slater,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA is amending 23 CFR,
subchapter G, parts 657 and 658 as set forth below.
PART 657--CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT
1. The authority citation for 23 CFR part 657 is revised to read as
follows:
Authority: Sec. 123, Pub. L. 95-599, 92 Stat. 2689; 23 U.S.C.
127, 141, and 315; 49 U.S.C. app. 2311, 2312, and 2316; sec. 1023,
Pub. L. 102-240, 105 Stat. 1914; and 49 CFR 1.48(b)(19), (b)(23),
(c)(1), and (c)(19).
2. Section 657.11 is revised to read as follows:
Sec. 657.11 Evaluation of operations.
(a) The State shall submit its enforcement plan or annual update to
the Office of Motor Carriers in the FHWA division office by July 1 of
each year. However, if a State's legislative or budgetary cycle is not
consonant with that date, the FHWA and the State may jointly select an
alternate date. In any event, a State must have an approved plan in
effect by October 1 of each year. Failure of a State to submit or
update a plan will result in the State being unable to certify in
accordance with Sec. 657.13 for the period to be covered by the plan.
(b) The Office of Motor Carriers in the FHWA division office shall
review the State's operation under the accepted plan on a continuing
basis and shall prepare an evaluation report annually. The State will
be advised of the results of the evaluation and of any needed changes
either in the plan itself or in its implementation. Copies of the
evaluation report and subsequent modifications resulting from the
evaluation shall be forwarded through the Regional Director of Motor
Carriers to the Washington, D.C., Headquarters office.
3. Section 657.13 is revised to read as follows:
Sec. 657.13 Certification requirement.
Each State shall certify to the Federal Highway Administrator,
before January 1 of each year, that it is enforcing all State laws
respecting maximum vehicle size and weight permitted on what, prior to
October 1, 1991, were the Federal-aid Primary, Secondary, and Urban
Systems, including the Interstate System, in accordance with 23 U.S.C.
127. The States must also certify that they are enforcing and complying
with the ISTEA freeze on the use of LCV's and other multi-unit
vehicles. The certification shall be supported by information on
activities and results achieved during the preceding 12-month period
ending on September 30 of each year.
4. Section 657.15 is revised to read as follows:
Sec. 657.15 Certification content.
The certification shall consist of the following elements and each
element shall be addressed even though the response is negative:
(a) A statement by the Governor of the State, or an official
designated by the Governor, that the State's vehicle weight laws and
regulations governing use of the Interstate System conform to 23 U.S.C.
127.
(b) A statement by the Governor of the State, or an official
designated by the Governor, that all State size and weight limits are
being enforced on the Interstate System and those routes which prior to
October 1, 1991, were designated as part of the Federal-aid Primary,
Urban, and Secondary Systems, and that the State is enforcing and
complying with the provisions of 23 U.S.C. 127(d) and 49 U.S.C. app.
2311(j). Urbanized areas not subject to State jurisdiction shall be
identified. The statement shall include an analysis of enforcement
efforts in such areas.
(c) Except for Alaska and Puerto Rico, the certifying statements
required by paragraphs (a) and (b) of this section shall be worded as
follows (the statements for Alaska and Puerto Rico do not have to
reference 23 U.S.C. 127(d) in (c)(2), or include paragraph (c)(3) of
this section):
I, (name of certifying official), (position title), of the State
of ______________ do hereby certify:
(1) That all State laws and regulations governing vehicle size and
weight are being enforced on those highways which, prior to October 1,
1991, were designated as part of the Federal-aid Primary, Federal-aid
Secondary, or Federal-aid Urban Systems;
(2) That the State is enforcing the freeze provisions of the
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C.
127(d) and 49 U.S.C. app. 2311(j)); and
(3) That all State laws governing vehicle weight on the Interstate
System are consistent with 23 U.S.C. 127 (a) and (b).
(d) If this statement is made by an official other than the
Governor, a copy of the document designating the official, signed by
the Governor, shall also be included in the certification made under
this part.
(e) A copy of any State law or regulation pertaining to vehicle
sizes and weights adopted since the State's last certification and an
analysis of the changes made. Those laws and regulations pertaining to
special permits and penalties shall be specifically identified and
analyzed in accordance with section 123 of the Surface Transportation
Assistance Act of 1978 (Pub. L. 95-599).
(f) A report of State size and weight enforcement efforts during
the period covered by the certification which addresses the following:
(1) Actual operations as compared with those forecast by the plan
submitted earlier, with particular attention to changes in or
deviations from the operations proposed.
(2) Impacts of the process as actually applied, in terms of changes
in the number of oversize and/or overweight vehicles.
(3) Measures of activity--(i) Vehicles weighed. Separate totals
shall be reported for the annual number of vehicles weighed on fixed
scales, on semiportable scales, on portable scales, and on WIM when
used for enforcement.
(ii) Penalties. Penalties reported shall include citations issued,
civil assessments, and incidences of load shifting or off-loading of
excess weight categorized as follows: violations of axle and/or gross
vehicle weights, or violations resulting from application of the bridge
formula.
(iii) Permits. The number of permits issued for overweight loads
shall be reported. The reported numbers shall specify permits for
divisible and nondivisible loads and whether issued on a trip or annual
basis. Permits issued for excess height, length, or width need not be
reported except where issued for the overwidth movement of a divisible
load.
5. Section 657.17 is revised to read as follows:
Sec. 657.17 Certification submittal.
(a) The Governor, or an official designated by the Governor, shall
submit the certification to the Office of Motor Carriers in the FHWA
division office prior to January 1 of each year.
(b) The Office of Motor Carriers in the FHWA division office shall
forward the original certification to the Associate Administrator for
Motor Carriers and one copy to the Office of Chief Counsel. Copies of
appropriate evaluations and/or comments shall accompany any
transmittal.
PART 658--TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS--LENGTH, WIDTH,
AND WEIGHT LIMITATIONS
6. The authority citation for 23 CFR part 658 is revised to read as
follows:
Authority: 23 U.S.C. 127 and 315; 49 U.S.C. app. 2311, 2312, and
2316; 49 CFR 1.48(b)(19) and (c)(19).
7. Section 658.1 is revised to read as follows:
Sec. 658.1 Purpose.
The purpose of this part is to identify a National Network of
highways available to vehicles authorized by provisions of the Surface
Transportation Assistance Act of 1982 (STAA) as amended, and to
prescribe national policies that govern truck and bus size and weight.
8. Section 658.5 is amended by removing the arabic letter paragraph
designations from all definitions, placing the definitions in
alphabetical order, revising two existing definitions, and adding six
new definitions in appropriate order. The added and revised definitions
read as follows:
Sec. 658.5 Definitions.
* * * * *
Beverage semitrailer. A van-type, drop-frame semitrailer designed
and used specifically for the transport and delivery of bottled or
canned beverages (i.e., liquids for drinking, including water) which
has side-only access for loading and unloading this commodity.
Semitrailer has the same meaning as in 49 CFR 390.5.
* * * * *
Cargo-carrying unit. As used in this part, cargo-carrying unit
means any portion of a commercial motor vehicle (CMV) combination
(other than a truck tractor) used for the carrying of cargo, including
a trailer, semitrailer, or the cargo-carrying section of a single-unit
truck.
* * * * *
Federal-aid Primary System. The Federal-aid Highway System of rural
arterials and their extensions into or through urban areas in existence
on June 1, 1991, as described in 23 U.S.C. 103(b) in effect at that
time.
* * * * *
Longer combination vehicle (LCV). As used in this part, longer
combination vehicle means any combination of a truck tractor and two or
more trailers or semitrailers which operates on the Interstate System
at a gross vehicle weight greater than 80,000 pounds.
* * * * *
Maxi-cube vehicle. A maxi-cube vehicle is a combination vehicle
consisting of a power unit and a trailing unit, both of which are
designed to carry cargo. The power unit is a nonarticulated truck with
one or more drive axles that carries either a detachable or a
permanently attached cargo box. The trailing unit is a trailer or
semitrailer with a cargo box so designed that the power unit may be
loaded and unloaded through the trailing unit. Neither cargo box shall
exceed 34 feet in length, excluding drawbar or hitching device; the
distance from the front of the first to the rear of the second cargo
box shall not exceed 60 feet, including the space between the cargo
boxes; and the overall length of the combination vehicle shall not
exceed 65 feet, including the space between the cargo boxes.
* * * * *
Motor carrier of passengers. As used in this part, a motor carrier
of passengers is a common, contract, or private carrier using a bus to
provide commercial transportation of passengers. Bus has the same
meaning as in 49 CFR 390.5.
* * * * *
National Network (NN). The composite of the individual network of
highways from each State on which vehicles authorized by the provisions
of the STAA are allowed to operate. The network in each State includes
the Interstate System, exclusive of those portions excepted under
Sec. 658.11(f) or deleted under Sec. 658.11(d), and those portions of
the Federal-aid Primary System in existence on June 1, 1991, set out by
the FHWA in appendix A to this part.
* * * * *
Nondivisible load or vehicle.
(1) As used in this part, nondivisible means any load or vehicle
exceeding applicable length or weight limits which, if separated into
smaller loads or vehicles, would:
(i) Compromise the intended use of the vehicle, i.e., make it
unable to perform the function for which it was intended;
(ii) Destroy the value of the load or vehicle, i.e., make it
unusable for its intended purpose; or
(iii) Require more than 8 workhours to dismantle using appropriate
equipment. The applicant for a nondivisible load permit has the burden
of proof as to the number of workhours required to dismantle the load.
(2) A State may treat emergency response vehicles and casks
designed and used for the transport of spent nuclear materials as
nondivisible vehicles or loads.
* * * * *
Secs. 658.13 and 658.15 [Amended]
9. In the list below, for each section indicated in the left
column, remove the citation indicated in the middle column from
wherever it appears in the section, and add the citation indicated in
the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
658.13(d)(1)(i)............... 658.5(k)...................... 658.5
658.13(d)(2)(i)............... 658.5(k)...................... 658.5
658.13(e)..................... 658.5(e)...................... 658.5
658.15(b)..................... 658.5(i)...................... 658.5
658.15(c)..................... 658.5(g)...................... 658.5
------------------------------------------------------------------------
10. In Sec. 658.13, paragraphs (d), (e), and (f) are redesignated
as paragraphs (e), (f), and (g), respectively, a new paragraph (d) is
added, and new paragraphs (e)(4) and (e)(5) are added under
redesignated paragraph (e) to read as follows:
Sec. 658.13 Length.
* * * * *
(d) No State shall impose a limit of less than 45 feet on the
length of any bus on the NN.
(e) * * *
(4) Maxi-cube vehicle. No State shall impose a length limit on a
maxi-cube vehicle, as defined in Sec. 658.5 of this part, of less than
34 feet on either cargo box, excluding drawbar or hitching device; 60
feet on the distance from the front of the first to the rear of the
second cargo box, including the space between the cargo boxes; or 65
feet on the overall length of the combination, including the space
between the cargo boxes. The measurement for compliance with the 60-
and 65-foot distance shall include the actual distance between cargo
boxes, measured along the centerline of the drawbar or hitching device.
For maxi-cubes with an adjustable length drawbar or hitching device,
the 60- and 65-foot distances shall be measured with a drawbar spacing
of not more than 27 inches. The drawbar may be temporarily extended
beyond that distance to maneuver or load the vehicle.
(5) Beverage semitrailer. (i) A beverage semitrailer is specialized
equipment if it has an upper coupler plate that extends beyond the
front of the semitrailer, but not beyond its swing radius, as measured
from the center line of the kingpin to a front corner of the
semitrailer, which cannot be used for carrying cargo other than the
structure of the semitrailer, and with the center line of the kingpin
not more than 28 feet from the rear of the semitrailer (exclusive of
rear-mounted devices not measured in determining semitrailer length).
No State shall impose an overall length limit on such vehicles when
operating in a truck tractor-beverage semitrailer or truck tractor-
beverage semitrailer-beverage trailer combination on the NN.
(ii) The beverage trailer referred to in paragraph (e)(5)(i) of
this section means a beverage semitrailer and converter dolly.
Converter dolly has the same meaning as in 49 CFR 393.5.
(iii) Truck tractor-beverage semitrailer combinations shall have
the same access to points of loading and unloading as 28-foot
semitrailers (28.5-foot where allowed by Sec. 658.13) in 23 CFR 658.19.
* * * * *
11. In Sec. 658.17, paragraphs (f), (g), and (h) are redesignated
as paragraphs (g), (h), and (i), respectively; new paragraphs (f), (j),
and (k) are added; and redesignated paragraph (h) is revised.
Paragraphs (f) through (k) now read as follows:
Sec. 658.17 Weight.
* * * * *
(f) Except as provided herein, States may not enforce on the
Interstate System vehicle weight limits of less than 20,000 pounds on a
single axle, 34,000 pounds on a tandem axle, or the weights derived
from the Bridge Formula, up to a maximum of 80,000 pounds, including
all enforcement tolerances. States may not limit tire loads to less
than 500 pounds per inch of tire or tread width, except that such
limits may not be applied to tires on the steering axle. States may not
limit steering axle weights to less than 20,000 pounds or the axle
rating established by the manufacturer, whichever is lower.
(g) The weights in paragraphs (b), (c), (d), and (e) of this
section shall be inclusive of all tolerances, enforcement or otherwise,
with the exception of a scale allowance factor when using portable
scales (wheel-load weighers). The current accuracy of such scales is
generally within 2 or 3 percent of actual weight, but in no case shall
an allowance in excess of 5 percent be applied. Penalty or fine
schedules which impose no fine up to a specified threshold, i.e., 1,000
pounds, will be considered as tolerance provisions not authorized by 23
U.S.C. 127.
(h) States may issue special permits without regard to the axle,
gross, or Federal Bridge Formula requirements for nondivisible vehicles
or loads.
(i) The provisions of paragraphs (b), (c), and (d) of this section
shall not apply to single-, or tandem-axle weights, or gross weights
legally authorized under State law on July 1, 1956. The group of axles
requirements established in this section shall not apply to vehicles
legally grandfathered under State groups of axles tables or formulas on
January 4, 1975.
(j) The provisions of paragraphs (c) through (e) of this section
shall not apply to the operation on Interstate Route 68 in Allegany and
Garrett Counties, Maryland, of any specialized vehicle equipped with a
steering axle and a tridem axle and used for hauling coal, logs, and
pulpwood if such vehicle is of a type of vehicle as was operating in
such counties on U.S. Routes 40 or 48 for such purposes on August 1,
1991.
(k) Beginning October 6, 1992, and ending October 5, 1994, the
provisions of paragraphs (c) through (e) of this section shall not
apply to any vehicle which is regularly and exclusively used as an
intrastate public agency transit passenger bus. The Secretary may
extend this temporary exemption for an additional year.
12. In Sec. 658.19, paragraph (a) is revised to read as follows:
Sec. 658.19 Reasonable access.
(a) No State may enact or enforce any law denying reasonable access
to vehicles with dimensions authorized by the STAA between the NN and
terminals and facilities for food, fuel, repairs, and rest. In
addition, no State may enact or enforce any law denying reasonable
access between the NN and points of loading and unloading to household
goods carriers, motor carriers of passengers, and any truck tractor-
semitrailer combination in which the semitrailer has a length not to
exceed 28 feet (28.5 feet where allowed pursuant to Sec. 658.13(b)(5)
of this part) and which generally operates as part of a vehicle
combination described in Secs. 658.13(b)(5) and 658.15(a) of this part.
* * * * *
13. Part 658 is amended by adding Sec. 658.23 as follows:
Sec. 658.23 LCV freeze; cargo-carrying unit freeze.
(a) (1) Except as otherwise provided in this section and except for
tow trucks with vehicles in tow, a State may allow the operation of
LCV's on the Interstate System only as listed in appendix C to this
part.
(2) Except as otherwise provided in this section, a State may not
allow the operation on the NN of any CMV combination with two or more
cargo-carrying units (not including the truck tractor) whose cargo-
carrying units exceed:
(i) The maximum combination trailer, semitrailer, or other type of
length limitation authorized by State law or regulation of that State
on or before June 1, 1991; or
(ii) The length of the cargo-carrying units of those CMV
combinations, by specific configuration, in actual, lawful operation on
a regular or periodic basis (including continuing seasonal operation)
in that State on or before June 1, 1991, as listed in appendix C to
this part.
(b) Notwithstanding paragraph (a)(2) of this section, the following
CMV combinations with two or more cargo-carrying units may operate on
the NN.
(1) Truck tractor-semitrailer-trailer and truck tractor-
semitrailer-semitrailer combinations with a maximum length of the
individual cargo units of 28.5 feet or less.
(2) Vehicles described in Sec. 658.13(e) and (g).
(3) Truck tractor-trailer and truck tractor-semitrailer
combinations with an overall length of 65 feet or less.
(4) Maxi-cubes.
(5) Tow trucks with vehicles in tow.
(c) For specific safety purposes and road construction, a State may
make minor adjustments of a temporary and emergency nature to route
designations and vehicle operating restrictions applicable to
combinations subject to sections 1023 and 4006 of Pub. L. 102-240 and
in effect on June 1, 1991 (July 6, 1991, for Alaska). Adjustments which
last 30 days or less may be made without notifying the FHWA. Minor
adjustments which exceed 30 days require approval of the FHWA. When
such adjustments are needed, a State must submit to the Division Office
of Motor Carriers, by the end of the 30th day, a written description of
the emergency, the date on which it began, and the date on which it is
expected to conclude. If the adjustment involves route designations,
the State shall describe the new route on which vehicles otherwise
subject to the freeze imposed by sections 1023 and 4006 of Pub. L. 102-
240 are allowed to operate. To the extent possible, the geometric and
pavement design characteristics of the alternate route should be
equivalent to those of the highway section which is temporarily
unavailable. Approval or disapproval by Office of Motor Carriers
officials of adjustments involving route designations shall be
coordinated with the Division Administrator. If the adjustment involves
vehicle operating restrictions, the State shall list the restrictions
that have been removed or modified. Approval or disapproval of the
adjustment by the Division Office of Motor Carriers shall take place
only after consultation with the Regional Office of Motor Carriers. If
the adjustment is approved, a copy of the approved submission shall be
forwarded through the Regional Office of Motor Carriers, to the
Associate Administrator for Motor Carriers at Headquarters, who will
publish the notice of adjustment, with an expiration date, in the
Federal Register. Requests for extensions of time beyond the originally
established conclusion date shall be subject to the same approval and
publication process as the original request. If upon consultation with
the Regional Office of Motor Carriers, a decision is reached that minor
adjustments made by a State are not legitimately attributable to road
or bridge construction or safety, the Division Office of Motor Carriers
will so inform the State, and the original conditions of the freeze
must be reimposed immediately. Failure to do so may subject the State
to a penalty pursuant to 23 U.S.C. 141.
(d) A State may issue a permit authorizing a CMV to transport an
overlength nondivisible load on two or more cargo-carrying units on the
NN without regard to the restrictions in Sec. 658.23(a)(2).
(e) States further restricting or prohibiting the operation of
vehicles subject to sections 1023 and 4006 of Public Law 102-240 after
June 1, 1991, shall notify the FHWA Division Office of Motor Carriers
within 30 days after the restriction is effective. The Division Office
of Motor Carriers shall forward the information through the Regional
Office of Motor Carriers to the Associate Administrator for Motor
Carriers at Headquarters. The FHWA will publish the restriction in the
Federal Register as an amendment to appendix C to this part. Failure to
provide such notification may subject the State to a penalty pursuant
to 23 U.S.C. 141.
(f) The Federal Highway Administrator, on his or her own motion or
upon a request by any person (including a State), shall review the
information set forth in appendix C to this part. If the Administrator
determines there is cause to believe that a mistake was made in the
accuracy of the information contained in appendix C to this part, the
Administrator shall commence a proceeding to determine whether the
information published should be corrected. If the Administrator
determines that there is a mistake in the accuracy of the information
contained in appendix C to this part, the Administrator shall publish
in the Federal Register the appropriate corrections to reflect that
determination.
14. Appendix A to part 658 is amended in the entry for the State of
California by removing Note 1 and redesignating Note 2, and by revising
the entry for the State of Virginia to read as follows:
Appendix A to Part 658--National Network--Federally Designated Routes
------------------------------------------------------------------------
Route From To
------------------------------------------------------------------------
US 11........ I-81 Exit 195............... 0.16 Mi. N. of VA 645
Rockbridge Co.
US 11........ VA 220 Alt. N. Int.......... 2.15 Mi. S. of VA 220 Alt.
N. Int. Cloverdale.
US 11........ VA 100 Dublin............... VA 643 S. of Dublin.
US 11........ 1.52 Mi. N. of VA 75........ US 19 N. Int. Abington.
US 13........ MD State Line............... I-64 Exit 282 Norfolk.
US 17........ US 29 Opal.................. VA 2/US 17 BR New Post.
US 17........ VA 134 York County.......... I-64 Exit 258 Newport News.
US 17........ BR/SCL Fredericksburg....... US 17 New Post VA 2.
US 19........ I-81 Exit 14 (via VA 140) US 460 N. Int./VA 720
Abington. Bluefield.
US 23........ TN State Line............... US 58 Alt. Big Stone Gap.
US 23........ 0.33 Mi. N. of US 23 BR KY State Line.
Norton.
US 25E....... TN State Line............... KY State Line.
US 29........ NC State Line............... I-66 Exit 43 Gainesville.
US 33........ N. Carlton Street US 340 Elkton.
Harrisonburg.
US 33........ I-295 Exit 49............... 0.96 Mi. W. of I-295
Hanover County.
US 50........ VA 259 Gore................. VA 37 Frederick County.
US 50........ Apple Blossom Loop Road I-81 Exit 313 Winchester.
Winchester.
US 58........ VA 721 W. of Martinsville... US 220 BR N. Int.
Martinsville.
US 58........ S. Fairy Street Martinsville WCL Emporia.
US 58........ 0.6 Mi. E. of ECL Emporia... VA 35 S. Int. Courtland.
US 58........ US 58 BR E. of Courtland.... US 13/I-264 Bowers Hill.
US 58 Alt.... US 23 Norton................ US 19 Hansonville.
US 58 Alt.... 0.4 Mi. W. of US 11......... I-81 Exit 17 Abington.
US 58 BR..... VA 35 Courtland............. US 58 E. of Courtland.
US 58........ W. Int. VA 337 Claremont St. US 460/St. Paul's Blvd.
Norfolk. Norfolk.
US 60........ 0.03 Mi. West of VA 887 US 522 Powhatan.
Chesterfield County.
US 220....... NC State Line............... I-581 Roanoke.
US 220....... I-81 Exit 150............... SCL Fincastle.
US 220 BR.... US 220 S. Int............... 0.16 Mi. N. of VA 825 S. of
Martinsville.
US 220 BR.... US 58 N. Int. Martinsville.. US 220 N. Int. Bassett
Forks.
US 250....... US 340 E. Int. Waynesboro... VA 254 Waynesboro.
US 250....... I-81 Exit 222............... VA 261 Statler Blvd.
Staunton.
US 258....... NC State Line............... US 58 Franklin.
US 258....... VA 10 Benns Church.......... VA 143 Jefferson Ave.
Newport News.
US 301....... VA 1250 S. of I-295......... I-295 Exit 41 Hanover
County.
US 301....... US 301 BR N. Int. Bowling MD State Line.
Green.
US 340/522... I-66 Exit 6 Front Royal..... 2.85 Mi. N. of I-66.
US 340....... VA 7 Berryville............. WV State Line.
US 360....... US 58 South Boston.......... VA 150 Chesterfield County.
US 360....... I-64 Exit 192............... VA 627 Village Richmond.
US 460....... VA 67 W. Int. Raven......... US 19 Claypool Hill.
US 460....... VA 720 Bluefield............ WV State Line at Bluefield.
US 460....... WV State Line at Glen Lyn... I-81 Exit 118 Christians-
burg.
US 460....... I-581 Roanoke............... 0.08 Mi. E. of VA 1512
Lynchburg.
US 460....... US 29 Lynchburg............. 1 Mi. W. of VA 24
Appomattox County.
US 460....... 0.64 Mi. E. of VA 707 I-85 Exit 61 Petersburg.
Appomattox County.
US 460....... I-95 Exit 50 Petersburg..... US 58 Suffolk.
US 501....... VA 360 S. Int. Halifax...... US 58 South Boston.
US 522....... 0.6 Mi. S. of US 50......... US 50 Frederick County.
US 522....... VA 37 Frederick County...... 1.07 Mi. N. of VA 705 Cross
Junction.
VA 3......... US 1 Fredericksburg......... VA 20 Wilderness.
VA 7......... I-81 Exit 315 Winchester.... 0.68 Mi. W. of WCL Round
Hill.
VA 10........ US 58 Suffolk............... VA 666 Smithfield.
VA 10........ ECL Hopewell................ 0.37 Mi. W. of W. Int. VA
156 Hopewell.
VA 10........ US 1 Chesterfield County.... VA 827 W. of Hopewell.
VA 20........ I-64 Exit 121............... Carlton Rd.
Charlottesville.
VA 30........ I-95 Exit 98 Doswell........ US 1.
VA 33........ I-64 Exit 220............... VA 30 E. Int. West Point.
VA 36........ I-95 Exit 52 Petersburg..... VA 156 Hopewell.
VA 37........ I-81 Exit 310 S. of I-81 Exit 317 (via US 11)
Winchester. N. of Winchester.
VA 42........ VA 257 S. Int. Bridgewater.. VA 290 Dayton.
VA 57........ VA 753 Bassett.............. US 220 Bassett Forks.
VA 86........ US 29 Danville.............. NC State Line.
VA 100....... I-81 Exit 98................ US 11 Dublin.
VA 105....... US 60 Newport News.......... I-64 Exit 250.
VA 114....... US 460 Christians- burg..... 0.09 Mi. E. of VA 750
Montgomery County.
VA 156....... VA 10 W. Int. Hopewell...... VA 36 Hopewell.
VA 199....... US 60 Williamsburg.......... I-64 Exit 242.
VA 207....... I-95 Exit 104............... 0.2 Mi. S. of VA 619
Milford.
VA 220 Alt... US 11 N. Int. N. of I-81 Exit 150/US 220.
Cloverdale.
VA 277....... I-81 Exit 307 Stephens City. 1.6 MI. E. of I-81 Exit
307.
VA 419....... I-81 Exit 141 Salem......... Midland Ave. Salem.
VA 624....... I-64 Exit 96................ Old SCL Waynesboro.
Commonwealth Market Street............... N. Fairy Street.
Blvd. in
Martins-
ville.
*****
------------------------------------------------------------------------
CALIFORNIA
------------------------------------------------------------------------
*****
Note: I-580 Oakland--All vehicles over 4\1/2\ tons (except passenger
buses and stages) are prohibited on MacArthur Freeway between Grand
Avenue and the north city limits of San Leandro. (Excepted under 23 CFR
658.11(f)).
*****
------------------------------------------------------------------------
Virginia
------------------------------------------------------------------------
Note 1: I-66 Washington, DC, area--There is a 24-hour total truck ban
on I-66 from I-495 Capital Beltway to the District of Columbia.
(Excepted under 23 CFR 658.11(f)).
Note 2: I-264 Norfolk--Truck widths are limited to 96 inches for the
westbound tube of the Elizabeth River Downtown Tunnel from Norfolk to
Portsmouth because of clearance deficiencies.
------------------------------------------------------------------------
15. Part 658 is amended by adding appendix C to read as follows:
Appendix C to Part 658--Trucks over 80,000 Pounds on the Interstate
System and Trucks over STAA Lengths on the National Network
This appendix contains the weight and size provisions that were in
effect on or before June 1, 1991 (July 6, 1991 for Alaska), for
vehicles covered by 23 U.S.C. 127(d) (LCV's) and 49 U.S.C. app. 2311(j)
(commercial motor vehicles (CMV's) with 2 or more cargo-carrying
units). Weights and dimensions are ``frozen'' at the values shown here,
which were in effect on June 1, 1991 (Alaska, July 6, 1991). All
vehicles are listed by configuration type.
Trucks Over 80,000 Pounds on the Interstate System
In the State-by-State descriptions, CMV combinations which can also
be LCV's are identified with the letters ``LCV'' following the type of
combination vehicle. The maximum allowable gross vehicle weight is
given in this appendix (in thousands of pounds indicated by a ``K''),
as well as information summarizing the operational conditions, routes,
and legal citations. The term ``Interstate System'' as used herein
refers to the Dwight D. Eisenhower System of Interstate and Defense
Highways.
Trucks Over STAA Lengths on the National Network
Listed for each State by combination type is either:
1. The maximum cargo-carrying length (shown in feet); or
2. A notation that such vehicle is not allowed (indicated by a
``NO'').
CMV's are categorized as follows:
1. A CMV combination consisting of a truck tractor and two trailing
units.
2. A CMV combination consisting of a truck tractor and three
trailing units.
3. CMV combinations with two or more cargo-carrying units not
included in descriptions 1 or 2.
In the following table the top number is the maximum cargo-carrying
length measured in feet from the front of the first cargo unit to the
rear of the last cargo unit. This distance is not to include length
exclusive devices which have been approved by the Secretary or by any
State. Devices excluded from length determination shall only include
items whose function is related to the safe and efficient operation of
the semitrailer or trailer. No device excluded from length
determination shall be designed or used for carrying cargo. The number
below the length measurement is the maximum gross weight in thousands
of pounds that the type of vehicle can carry when operating as an LCV
on the Interstate System. For every State where there is a length or
weight number in the table that follows, additional information is
provided.
Vehicle Combinations Subject to Pub. L. 102-240
----------------------------------------------------------------------------------------------------------------
1 Truck tractor 2 Truck tractor
State and 2 trailing and 3 trailing 3 Other
units units
----------------------------------------------------------------------------------------------------------------
Alabama................................................... NO.............. NO.............. NO
Alaska.................................................... 95'............. 110'............ 83'
Arizona................................................... 95' 111K........ 95' 123.5K...... (1)
Arkansas.................................................. NO.............. NO.............. NO
California................................................ NO.............. NO.............. NO
Colorado.................................................. 111' 110K....... 115.5' 110K..... 78'
Connecticut............................................... NO.............. NO.............. NO
Delaware.................................................. NO.............. NO.............. NO
Dist. of Columbia......................................... NO.............. NO.............. NO
Florida................................................... 106' (2)........ NO.............. NO
Georgia................................................... NO.............. NO.............. NO
Hawaii.................................................... 65' (2)......... NO.............. NO
Idaho..................................................... 95' 105.5K...... 95' 105.5K...... (1)
Illinois.................................................. NO.............. NO.............. NO
Indiana................................................... 106' 127.4K..... 104.5' 127.4K... 58'
Iowa...................................................... NO.............. NO.............. NO
Kansas.................................................... 109' 120K....... 109' 120K....... NO
Kentucky.................................................. NO.............. NO.............. NO
Louisiana................................................. NO.............. NO.............. NO
Maine..................................................... NO.............. NO.............. NO
Maryland.................................................. NO.............. NO.............. NO
Massachusetts............................................. 104' 127.4K..... NO.............. NO
Michigan.................................................. 58' 154K........ NO.............. NO
Minnesota................................................. NO.............. NO.............. NO
Mississippi............................................... 65' (2)......... NO.............. NO
Missouri.................................................. 109' 120K....... 109' 120K....... NO
Montana................................................... 93' 137.8K...... 100' 131.06K.... (1)
Nebraska.................................................. 95' 95K......... 95' (2)......... 68'
Nevada.................................................... 95' 129K........ 95' 129K........ 98'
New Hampshire............................................. NO.............. NO.............. NO
New Jersey................................................ NO.............. NO.............. NO
New Mexico................................................ 86.4K(3)........ NO.............. NO
New York.................................................. 102' 143K....... NO.............. NO
North Carolina............................................ NO.............. NO.............. NO
North Dakota.............................................. 103' 105.5K..... 100' 105.5K..... 103'
Ohio...................................................... 102' 127.4K..... 95' 115K........ NO
Oklahoma.................................................. 110' 90K........ 95' 90K......... NO
Oregon.................................................... 68' 105.5K...... 96' 105.5K...... NO
Pennsylvania.............................................. NO.............. NO.............. NO
Puerto Rico............................................... NO.............. NO.............. NO
Rhode Island.............................................. NO.............. NO.............. NO
South Carolina............................................ NO.............. NO.............. NO
South Dakota.............................................. 100' 129K....... 100' 129K....... (1)
Tennessee................................................. NO.............. NO.............. NO
Texas..................................................... NO.............. NO.............. NO
Utah...................................................... 95' 129K........ 95' 129K........ (1)
Vermont................................................... NO.............. NO.............. NO
Virginia.................................................. NO.............. NO.............. NO
Washington................................................ 68' 105.5K...... NO.............. 68'
West Virginia............................................. NO.............. NO.............. NO
Wisconsin................................................. NO.............. NO.............. NO
Wyoming................................................... 81' 117K........ NO.............. (1)
----------------------------------------------------------------------------------------------------------------
(1)--State submission includes multiple vehicles in this category--see individual State listings.
(2)--No maximum weight is established as this vehicle combination is not considered an ``LCV'' per the ISTEA
definition. Florida's combination is not allowed to operate on the Interstate System, and the combinations for
Hawaii, Mississippi, and Nebraska are not allowed to exceed 80,000 pounds.
(3)--No maximum cargo-carrying length is established for this combination. Because State law limits each
trailing unit to not more than 28.5 feet in length, this combination is allowed to operate on all NN routes
under the authority of the STAA of 1982, regardless of actual cargo-carrying length. The maximum weight listed
is New Mexico's maximum allowable gross weight on the Interstate System under the grandfather authority of 23
U.S.C. 127.
The following abbreviation convention is used throughout the
narrative State-by-State descriptions for the captions OPERATIONAL
CONDITIONS, ROUTES, and LEGAL CITATIONS: two letter State abbreviation,
dash, ``TT'' for truck tractor, and 2 or 3 for two or three trailing
units. For example, the phrase ``Arizona truck tractor and 2 trailing
units'', would be noted as ``AZ-TT2''; the phrase ``Indiana truck
tractor and 3 trailing units'' would be noted as ``IN-TT3'', etc.
STATE: ALASKA
COMBINATION: Truck tractor and 2 trailing units
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
OPERATIONAL CONDITIONS:
WEIGHT: The combination must be in compliance with State laws and
regulations. There are no highways in the State subject to Interstate
System weight limits. Therefore, the ISTEA freeze as it applies to
maximum weight is not applicable.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: Combinations with an overall length greater than 75 feet,
measured bumper to bumper, must display an ``OVERSIZE## warning sign on
the front and rear. In combinations where one cargo-carrying unit is
more than 5,000 pounds heavier than the other, the heavier unit shall
be placed immediately behind the power unit. Weather restrictions are
imposed when hazardous conditions exist, as determined by the Alaska
Department of Transportation and Public Facilities (DOT&PF) and the
Alaska Department of Public Safety, Division of State Troopers. Time of
day travel is not restricted.
PERMIT: None required.
ACCESS: Alaska allows reasonable access not to exceed 5 miles to
reach or return from terminals and facilities for food, fuel, or rest.
The most direct route must be used. The Commissioner of the Alaska
DOT&PF may allow access to specific routes if it can be shown that
travel frequency, necessity, and route accommodation are required.
Routes
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
AK-1 Anchorage (Potter Weigh Palmer (Palmer-Wasilla
Station). Highway Junction).
AK-2 Fairbanks (Gaffney Road Delta Junction (MP 1412
Junction). Alaska Highway).
AK-3 Jct. AK-1.................... Fairbanks (Gaffney Road
Junction).
------------------------------------------------------------------------
LEGAL CITATIONS:
17 AAC 25, and 35; the Administrative Permit Manual.
STATE: ALASKA
COMBINATION: Truck tractor and 3 trailing units
LENGTH OF THE CARGO-CARRYING UNITS: 110 feet
OPERATIONAL CONDITIONS:
WEIGHT and ACCESS: Same as the AK-TT2 combination.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement. Drivers of this combination must have 10 years
of experience in Alaska and certified training in operation of these
combinations.
VEHICLE: Individual trailer length in a three trailing unit
combination shall not exceed 45 feet. Engine power rating shall not be
less than 400 horsepower.
These combinations are allowed to operate only between April 15 and
September 30 of each year. Weather restrictions are imposed when
hazardous conditions exist, as determined by the Alaska DOT&PF and the
Department of Public Safety, Division of State Troopers. No movement is
permitted if visibility is less than 1,000 feet.
PERMIT: Permits are required with specified durations of not less
than 3 months or more than 18 months. There is a fee.
Routes
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
AK-1................... Anchorage (Potter Weigh Jct. AK-3.
Station).
AK-3................... Jct. AK-1.............. Fairbanks (Gaffney
Road Junction)
------------------------------------------------------------------------
LEGAL CITATIONS: Same as the AK-TT2 combination.
STATE: ALASKA
COMBINATION: Truck-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 83 feet
OPERATIONAL CONDITIONS:
WEIGHT, DRIVER, PERMIT, and ACCESS: Same as the AK-tt2 combination.
VEHICLE: Same as the AK-TT2 combination, except that overall
combination length may not exceed 90 feet.
ROUTES: Same as the AK-TT2 combination.
LEGAL CITATIONS: Same as the AK-TT2 combination.
STATE: ARIZONA
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM GROSS VEHICLE WEIGHT: 111,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Single-axle maximum weight limit is 20,000 pounds, tandem-
axle maximum weight limit is 34,000 pounds, and the gross vehicle
weight limit is 111,000 pounds, subject to the Federal Bridge Formula.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement. Drivers must comply with the Federal Motor
Carrier Safety Regulations of the U.S. Department of Transportation and
Title 28, Arizona Revised Statutes.
VEHICLE: This vehicle must be able to operate at speeds compatible
with other traffic on level roads and maintain 20 miles per hour speed
on grades where operated. A heavy-duty fifth wheel is required. The
kingpin must be a solid type, not a screw-out or folding type. All
hitch connectors must be of a no-slack type, preferably an air-actuated
ram. Axles must be those designed for the width of the body. All
braking systems must comply with State and Federal requirements. A
brake force limiting valve, sometimes called a ``slippery road'' valve,
may be provided on the steering axle. Mud flaps or splash guards are
required. When traveling on a smooth, paved surface, trailers must
follow in the path of the towing vehicle without shifting or swerving
more than 3 inches to either side when the towing vehicle is moving in
a straight line.
PERMITS: Permits are required. Fees are charged. This vehicle is
allowed continuous travel, however, the State may restrict or prohibit
operations during periods when traffic, weather, or other safety
considerations make such operations unsafe or inadvisable. All
multiple-trailer combinations shall be driven in the right-hand traffic
lane.
Access: Access is allowed for 20 miles from I-15 Exits 8 and 27 or
20 miles from other authorized routes.
Routes
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-15................... Nevada................. Utah
US 89.................. 20 miles south of Utah. Utah
US 160................. US 163................. New Mexico
US 163................. US 160................. Utah
------------------------------------------------------------------------
LEGAL CITATIONS
------------------------------------------------------------------------
ARS 28-107............. ARS 28-1009............ ARS 28-1011.O
ARS 28-108.5........... ARS 28-1009.01......... ARS 28-1012
ARS 28-108.13.......... ARS 28-1011.A.......... ARS 28-1013
ARS 28-108.14.......... ARS 28-1011.C.......... ARS 28-1014
ARS 28-403............. ARS 28-1011.F.......... ARS 28-1031
ARS 28-405............. ARS 28-1011.K.......... ARS 28-1051
ARS 28-1001............ ARS 28-1011.L.......... ARS 28-1052
ARS 28-1004.G.......... ARS 28-1011.M.......... R17-40-426
ARS 28-1008............
------------------------------------------------------------------------
STATE: ARIZONA
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 123,500 pounds
OPERATIONAL CONDITIONS:
VEHICLE, and ACCESS: Same as the AZ-TT2 combination.
WEIGHT: Single-axle maximum weight limit is 20,000 pounds, tandem-
axle maximum weight limit is 34,000 pounds, and the gross vehicle
weight limit is 123,500 pounds, subject to the Federal Bridge Formula.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement. Drivers must comply with the Federal Motor
Carrier Safety Regulations of the U.S. Department of Transportation and
Title 28, Arizona Revised Statutes. Drivers must be trained by an
experienced driver of a three trailing unit combination. Training
should be through special instructions or by traveling with the new
driver until such time as the new driver is deemed adequately qualified
by the trainer on the use and operation of these combinations.
PERMIT: Permits are required. Fees are charged. This vehicle is
allowed continuous travel, however, the State may restrict or prohibit
operations during periods when traffic, weather, or other safety
considerations make such operations unsafe or inadvisable. These
combinations shall not be dispatched during adverse weather conditions.
All multiple-trailer combinations shall be driven in the right-hand
traffic lane.
ROUTES: Same as the AZ-TT2 combination.
LEGAL CITATIONS: Same as the AZ-TT2 combination.
STATE: ARIZONA
COMBINATION: Truck-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 69 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, VEHICLE, PERMIT, and ACCESS: Same as the AZ-TT2
combination.
ROUTES: Same as the AZ-TT2 combination.
LEGAL CITATIONS: Same as the AZ-TT2 combination.
STATE: ARIZONA
COMBINATION: Truck-semitrailer-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 98 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, VEHICLE, PERMIT, and ACCESS: Same as the AZ-TT2
combination.
ROUTES: Same as the AZ-TT2 combination.
LEGAL CITATIONS: Same as the AZ-TT2 combination.
STATE: COLORADO
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 111 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 110,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: The maximum gross weight is 110,000 pounds, subject to the
formula W=800(L+40) where ``W'' equals the gross weight in pounds and
``L'' equals the length in feet between the centers of the first and
last axles, or the gross weight determined by the Federal Bridge
Formula, whichever is least. A single axle shall not exceed 20,000
pounds and a tandem axle shall not exceed 36,000 pounds.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement. The driver cannot have had any suspension of
driving privileges in any State during the past 3 years where such
suspension arose out of the operation of a motor vehicle used as a
contract or common carrier of persons or property.
The driver must be certified by the motor carrier permit holder's
safety office. The certification shall demonstrate that the driver has
complied with all written requirements, and that the driver has
successfully completed a company-approved road test for each type of
combination vehicle operated.
VEHICLE: Vehicles shall not have fewer than six axles or more than
nine axles. They shall be configured such that the shorter trailer
shall be operated as the rear trailer, and the trailer with the heavier
gross weight shall be operated as the front trailer. In the event that
the shorter trailer is also the heavier, the load must be adjusted so
that the front trailer is the longer and heavier of the two.
Vehicles shall have adequate power to maintain a minimum speed of
20 miles per hour on any grade over which the combination operates and
can resume a speed of 20 miles per hour after stopping on any such
grade.
Tires must conform to the standards in the Department of Public
Safety's (DPS) Rules and Regulations Concerning Minimum Standards for
the Operation of Commercial Motor Vehicles, at 8 CCR 1507-1 and C.R.S.
42-4-225 and 42-2-406.
Vehicles are required to have a heavy-duty fifth wheel and equal
strength pick-up plates that meet the standards in the DPS Commercial
Vehicle Rules. This equipment must be properly lubricated and located
in a position that provides stability during normal operation,
including braking. The trailers shall follow in the path of the towing
vehicle without shifting or swerving more than 3 inches to either side
when the towing vehicle is moving in a straight line.
Kingpins must be of a solid type and permanently fastened. Screw-
out or folding type kingpins are prohibited.
Hitch connections must be of a no-slack type, preferably air-
actuated ram.
Drawbar lengths shall be adequate to provide for the clearances
required between the towing vehicle and the trailer(s) for turning and
backing maneuvers.
Axles must be those designed for the width of the body of the
trailer(s).
Braking systems must comply with the DPS Commercial Vehicle Rules
and C.R.S. 42-4-220. Fast air-transmission and release valves must be
provided on all trailer(s) and converter dolly axles. A brake force
limiting valve, sometimes called a ``slippery road'' valve, may be
provided on the steering axle.
PERMIT: An annual permit is required for which a fee is charged.
Also, the vehicle must have an overweight permit pursuant to C.R.S. 42-
4-409(11)(a)(II) (A), (B), or (C), and comply with Rule 4-15 in the
rules pertaining to Extra-Legal Vehicles or Loads.
A truck tractor and two trailing units wherein at least one of the
trailing units exceeds 28.5 feet in length shall not operate on the
following designated highway segments during the hours of 6 a.m. to 9
a.m. and from 3 p.m. to 6 p.m., Monday through Friday, for Colorado
Springs, Denver, and Pueblo. (A truck tractor with two trailing units
wherein at least one of the trailing units exceeds 28.5 feet in length
not operating at greater than the legal maximum weight of 80,000 pounds
is subject to different hours-of-operation restrictions. Refer to rules
pertaining to Extra-Legal Vehicles or Loads).
Colorado Springs: I-25 between Exit 135 (CO 83 Academy Blvd. So.) and
Exit 150 (CO 83, Academy Blvd. No.).
Denver: I-25 between Exit 200 (Jct. I-225) and Exit 223 (CO 128, 120th
Avenue),
I-70 between Exit 259 (CO 26/US 40) and Exit 282 (Jct. I-225),
I-76 between Exit 5 (Jct. I-25) and Exit 12 (US 85),
I-225 entire length,
I-270 entire length.
Pueblo: I-25 between Exit 94 (CO 45 Lake Ave.) and Exit 101 (US 50/CO
47).
The holder of a longer vehicle combination (LVC) permit must have
an established safety program as provided in Chapter 9 of the
``Colorado Department of Highways Rules and Regulations for Operation
of Longer Vehicle Combinations on Designated State Highway Segments.''
Elements of the program include compliance with minimum safety
standards at 8 CCR 1507-1, hazardous materials regulations at 8 CCR
1507-7, -8, and -9, Colorado Uniform Motor Vehicle Law, Articles 1
through 4 of Title 42, C.R.S. as amended, and Public Utility Commission
regulations at 4 CCR 723-6, -8, -15, -22, and -23.
ACCESS: A vehicle shall not be operated off the designated portions
of the Interstate System except to access food, fuel, repairs, and rest
or to access a facility. Access to a facility shall be subject to the
following conditions:
(1) The facility must:
(a) Be either a manufacturing or a distribution center, a
warehouse, or truck terminal located in an area where industrial uses
are permitted;
(b) Be a construction site; and
(c) Meet the following criteria:
1 vehicles are formed for transport or broken down for delivery on
the premises;
2 adequate off-roadway space exists on the premises to safely
maneuver the vehicles; and
3 adequate equipment is available on the premises to handle, load,
and unload the vehicle, its trailers, and cargo.
(2) The facility must be located within a maximum distance of 10
miles from the point where the vehicle enters or exits the designated
portions of the Interstate System. Such 10-mile distance shall be
measured by the actual route(s) to be traveled to the facility, rather
than by a straight line radius from the designated Interstate System to
the facility;
(3) The access route(s) between the designated Interstate System
and the facility must be approved in advance by the public entity
(Colorado DOT, municipality, or county) having jurisdiction for the
roadway(s) that make up the route(s). Where the State of Colorado has
jurisdiction over the access route(s), it will consider the following
safety, engineering, and other criteria in determining whether to
approve the route(s):
(a) Safety of the motoring public;
(b) Geometrics of the street and roadway;
(c) Traffic volumes and patterns;
(d) Protection of State highways, roadways, and structures;
(e) Zoning and general characteristics of the route(s) to be
encountered; and
(f) Other relevant criteria warranted by special circumstances of
the proposed route(s).
Local entities, counties, and municipalities having jurisdiction
over route(s), should consider similar criteria in determining whether
to approve the proposed ingress and egress route(s); and
(4) A permit holder shall access only the facility or location
authorized by the permit. If the permit authorizes more than one
facility or location, then on any single trip by an LVC from the
designated Interstate System the permit holder may access only one
facility or location before returning to the designated Interstate
System.
Routes
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-25................... New Mexico............. Wyoming
I-70................... Utah................... I-70 Exit 90 Rifle
I-70................... I-70 Exit 259 Golden... Kansas
I-76................... Jct. I-70.............. Nebraska
I-225.................. Jct. I-25.............. Jct. I-70
I-270.................. Jct. I-76.............. Jct. I-70
------------------------------------------------------------------------
LEGAL CITATIONS: Vehicles must comply with all applicable statutes,
such as C.R.S. 42-4-402(1), 42-4-404(1), 42-4-407(1)(c)(III)(A), 42-4-
409(11)(a)(II) (A), (B) or (C). All LVC's must comply with the Extra-
Legal Vehicles and Loads Rules and the Longer Vehicle Combination
Rules. However, when the rules address the same subject, the LVC, since
it is operating at greater than 80,000 pounds, must comply with the
Extra-Legal Vehicles and Loads Rules. Such rules are: 4-1-2 and 4-1-3
concerning holiday travel restrictions, 4-1-5 concerning hours of
operation restrictions, 4-8 concerning minimum distance between
vehicles and 4-15 concerning maximum allowable gross weight.
STATE: COLORADO
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 115.5 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 110,000 pounds
OPERATIONAL CONDITIONS: Same as the CO-TT2 combination.
ROUTES: Same as the CO-TT2 combination.
LEGAL CITATIONS: Same as the CO-TT2 combination.
STATE: COLORADO
COMBINATION: Truck-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 78 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, VEHICLE, PERMIT, and ACCESS: Same as the CO-TT2
combination.
ROUTES: Same as the CO-TT2 combination.
LEGAL CITATIONS: Same as the CO-TT2 combination.
STATE: FLORIDA
COMBINATION: Truck tractor and 2 trailing units
LENGTH OF THE CARGO-CARRYING UNITS: 106 feet
OPERATIONAL CONDITIONS: All overdimensional and weight regulations
of the Florida Turnpike Authority shall apply to such units unless
specifically excluded under the terms of the Tandem Trailer Permit or
these regulations.
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement. Proposed drivers of tandem-trailer units shall
be registered by the Florida Turnpike Authority prior to driving such
equipment on the turnpike system. For further information, see Rule 14-
62.016 FAC.
VEHICLE: A complete tandem-trailer combination shall consist of a
truck tractor, first semitrailer, fifth-wheel converter dolly, and a
second semitrailer. The converter dolly may be either a separate unit
or an integral component of the first semitrailer. The width shall not
exceed 102 inches and the height shall not exceed 13 feet 6 inches. A
tractor used in the tandem-trailer operations shall be capable of
hauling the maximum gross load to be transported by a permittee at a
speed of not less than 40 miles per hour on all portions of the
turnpike system excepting that portion of the roadway, as posted in
1988, between mileposts 234 and 238 where a minimum speed of 30 miles
per hour will be permitted.
Every tandem-trailer combination shall be equipped with full air
brakes or air-activated hydraulic brakes on the tractor and either air
or electric brakes on the dolly and trailers.
A tractor, which will be used to haul a complete tandem-trailer
combination with a total gross weight of 110,000 pounds or more, shall
be equipped with tandem rear axles and driving power shall be applied
to all wheels on both axles. When the above tandem-axle tractor is
required, a tandem-axle dolly converter must be used.
Every tandem-trailer combination shall be equipped with emergency
equipment that equals or exceeds both the equipment requirements and
the performance standards cited in Chapter 316, Florida Statutes and
subpart H ``Emergency Equipment'' of 49 CFR 393.95.
A converter (fifth-wheel) dolly used in the tandem-trailer
operations may have either single or tandem axles, according to its
total gross weight. In addition to the primary towbar(s), the dolly
vehicle must be equipped with safety chains or cables for connecting
the dolly to the lead semitrailer and must be adequate to prevent
breakaway.
Lamps and Reflectors. Each tractor, trailer, and converter dolly in
a tandem-trailer combination shall be equipped with electric lamps and
reflectors mounted on the vehicle in accordance with Chapter 316,
Florida Statutes, and subpart B ``Lighting Devices, Reflectors and
Electrical Equipment,'' of 49 CFR 393.9 through 49 CFR 393.33.
Coupling Devices. Coupling devices shall be so designed,
constructed, and installed and the vehicles in a tandem-trailer
combination shall equal or exceed both the equipment requirements and
the performance standards established on 49 CFR 393.70, except that
such devices shall be so designed and constructed as to ensure that any
such combination traveling on a level, smooth paved surface will follow
in the path of the towing vehicle without shifting or swerving from
side to side over 2 inches to each side of the path of the vehicle when
it is moving in a straight line. (For further information see Rule 14-
62.002; 14-62.005; 14-62.006; 14-62.007; 14-62.008; 14-62.009; 14-
62.010; 14-62.011; 14-62.012; 14-62.013; and 14-62.015, FAC)
PERMIT: Tandem-trailer units may operate on the turnpike system
under a Tandem Trailer Permit issued by the Florida Turnpike Authority
upon application, except as provided in subparagraph (2) below.
(1) The Florida Turnpike Authority shall provide a copy of each
such permit to the Motor Carrier Compliance Office.
(2) Tandem-trailer trucks of the dimensions mandated by the STAA of
1982 and operating in compliance with Rule Chapter 14-54, FAC, and
under the provisions of section 316.515, Florida Statutes shall be
exempt from the provisions of this rule chapter to the extent provided
in Rule 14-54.0011, FAC.
(For further information see Rules 14-62.001; 14-62.022; 14-62.023; 14-
62.024; 14-62.026; 14-62.027, FAC)
ACCESS: Staging. Tandem-trailer combinations shall be made up and
broken up only in special assembly (staging) areas as designated for
this purpose. For further information, see Rule 14-62.017, FAC. Make-up
and break-up of tandem-trailer combinations shall not be allowed on a
public right-of-way unless the area is designated for such use or
unless an emergency exists.
Routes
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
Florida's Turnpike..... South end Homestead Exit 304 Wildwood.
Extension at US 1.
------------------------------------------------------------------------
LEGAL CITATIONS: Chapter 14-62, ``Regulations Governing Tandem
Combinations of Florida's Turnpike,'' Florida Administrative Code.
STATE: HAWAII
COMBINATION: Truck tractor and 2 trailing units
LENGTH OF CARGO CARRYING UNITS: 65 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: No load may exceed the carrying capacity of the axles
specified by the manufacturer and no combination vehicle shall have a
total weight in excess of its designed gross combination weight limit.
PERMITS: No permits are required.
ACCESS: Designated routes off the NN.
ROUTES: All NN routes except HI-95 from H-1 to Barbers Point
Harbor.
LEGAL CITATIONS: Chapter 291, Section 34, Hawaii Revised Statutes
and Chapter 104 of Title 19, Administrative Rules.
STATE: IDAHO
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 105,500 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Single axle: 20,000 pounds, tandem axle: 34,000 pounds, and
gross vehicle weight up to 105,500 pounds.
Axle spacing: must comply with Idaho Code 49-1001.
Trailer weights: The respective loading of any trailer shall not be
substantially greater than the weight of any trailer located ahead of
it in the vehicle combination. Substantially greater shall be defined
as more than 4,000 pounds heavier.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: The rules provide that all CMV's with two or more cargo-
carrying units (except for truck-trailer combinations which are limited
to an 85-foot combination length) are subject to calculated maximum
off-tracking (CMOT) limits. The CMOT formula is:
CMOT=R-[R2-(A2+B2+C2+D2+E2)]\1/2\
R=161
A, B, C, D, E, etc.=measurements between points of articulation or
pivot. Squared dimensions to stinger steer points of articulation are
negative.
The power unit of LCV's and extra-length combinations shall have
adequate power and traction to maintain a speed of 15 miles per hour
under normal operating conditions on any up-grade over which the
combination is operated.
Fifth-wheel, drawbar, and other coupling devices shall be as
specified by Federal Motor Carrier Safety Regulations, section 393.70.
Every combination operated under special permit authority shall be
covered by insurance meeting State and Federal requirements. Evidence
of this insurance must be carried in the permitted vehicle.
PERMIT: Permits are required. Permit duration is for 1 year from
the date of issuance.
ACCESS: Combinations with a CMOT limit of less than 6.5 feet may
use any Interstate or designated highway system interchange for access.
Combinations with a CMOT of 6.5 to 8.75 feet may use only the following
Interstate System interchanges:
I-15 Exits 58 and 119.
I-84 Exits 3, 49, 50, 52, 54, 57, 95, 168, 173, 182, 208, and 211.
I-86 Exits 36, 40, 56, and 58.
ROUTES: All NN routes.
LEGAL CITATIONS: Other regulations and restrictions that must be
complied with are:
Idaho Code 49-1001, -1002, -1004, -1010, and -1011.
Idaho Transportation Department Rules 39.C.01, .06, .08, .09, .10, .11,
.15, and .19-.23.
STATE: IDAHO
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 105,500 pounds
OPERATIONAL CONDITIONS: Same as the ID-TT2 combination.
ROUTES: Same as the ID-TT2 combination.
LEGAL CITATIONS: Same as the ID-TT2 combination.
STATE: IDAHO
COMBINATION: Truck-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 78 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, PERMIT, and ACCESS: Same as the ID-TT2 combination.
VEHICLE: Overall combination length limited to 85 feet.
ROUTES: Same as the ID-TT2 combination.
LEGAL CITATIONS: Same as the ID-TT2 combination.
STATE: IDAHO
COMBINATION: Truck-trailer-trailer, and Truck-semitrailer-trailer.
LENGTH OF THE CARGO-CARRYING UNITS: 98 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, PERMIT, and ACCESS: Same as the ID-TT2 combination.
VEHICLE: Overall combination length limited to 105 feet.
ROUTES: Same as the ID-TT2 combination.
LEGAL CITATIONS: Same as the ID-TT2 combination.
STATE: INDIANA
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 106 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 127,400 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Single axle=22,400 pounds. Axles spaced less than 40 inches
between centers are considered to be single axles.
Tandem axle=36,000 pounds. Axles spaced more than 40 inches but
less than 9 feet between centers are considered to be tandem axles.
Gross vehicle weight=90,000 pounds plus 1,070 pounds per foot for
each foot of total vehicle length in excess of 60 feet with a maximum
gross weight not to exceed 127,400 pounds.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement, and a Toll Road identification card. Drivers
must be at least 26 years old, in good health, and with 5 years of
experience driving tractor-semitrailers or tandem-trailer combinations.
Experience must include driving in all four seasons.
VEHICLE: Lightest trailer to the rear. Distance between coupled
trailers shall not exceed 9 feet. The combination vehicle, including
coupling devices, shall be designed and constructed so as to ensure
that while traveling on a level, smooth paved surface each trailing
unit will follow in the path of the towing vehicle without shifting or
swerving from side to side more than 3 inches. The combination vehicle
must have at least five axles but not more than nine axles and except
on ramps be able to achieve and maintain a speed of 45 miles per hour.
Following distance is 500 feet, and passing maneuvers must be completed
within 1 mile. The truck tractor must be equipped at a minimum with
emergency equipment including fire extinguisher, spare fuses, tire
chains, tire tread minimums, and disabled vehicle warning devices.
Every dolly must be coupled with safety chain directly to the frame of
the semitrailer by which it is towed. Each unit in a multi-trailer
combination must be equipped at a minimum with electric lights and
reflectors mounted on the vehicle.
PERMIT: A free annual tandem-trailer permit must be obtained from
the Indiana DOT for loads which exceed 90,000 pounds. A multiple-trip
access permit, for which a fee is charged, must also be obtained for
access to points of delivery or to breakdown locations. Permission to
operate can be temporarily suspended by the Indiana DOT due to weather,
road conditions, holiday traffic, or other emergency conditions. Any
oversize vehicle whose length exceeds 80 feet shall not be operated at
a speed in excess of 45 miles per hour. Oversize loads are not to be
operated at any time when wind velocity exceeds 25 miles per hour.
ACCESS: 15 miles from toll gates.
Routes
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-80/90 (IN Toll Road). Toll Road Gate 21...... Ohio.
I-90 (IN Toll Road).... Illinois............... Toll Road Gate 21.
------------------------------------------------------------------------
LEGAL CITATIONS:
Indiana Code 9-8-1-16
Indiana Code 8-15-2
135 Indiana Administrative Code 2
STATE: INDIANA
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 104.5 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 127,400 pounds
OPERATIONAL CONDITIONS:
WEIGHT, DRIVER, PERMIT, and ACCESS: Same as the IN-TT2 combination.
VEHICLE: Semitrailers and trailers shall not be longer than 28.5
feet, and the minimum number of axles for the combination is seven.
Three trailing unit combinations must be equipped with adequate spray-
suppressant mud flaps which are properly maintained.
ROUTES: Same as the IN-TT2 combination.
LEGAL CITATIONS: Same as the IN-TT2 combination.
STATE: INDIANA
COMBINATION: Combination of three or more vehicles coupled together
LENGTH OF THE CARGO CARRYING UNITS: 58 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: The maximum width is 102 inches, and the maximum height is
13 feet 6 inches.
PERMIT: None required.
ACCESS: Unlimited.
ROUTES: All roads within the State.
LEGAL CITATIONS: Indiana Code 9-8-1-2.
STATE: KANSAS
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 109 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 120,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Combinations consisting of a truck tractor and two trailing
units must comply with the Federal Bridge Formula, with maximum weights
of 20,000 pounds on a single axle and 34,000 pounds on a tandem axle,
and with a maximum gross weight of 120,000 pounds.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: Truck tractor and two trailing unit combinations must meet
legal width and height with no time-of-day travel restrictions or other
special requirements.
PERMIT: Permits are not required for operation on the Kansas
Turnpike. A permit is required for access between the Turnpike and
motor freight terminals located within a 10-mile radius of each toll
booth, except at the northeastern end of the Turnpike where a 20-mile
radius is allowed. Access permits are valid for 6 months.
ACCESS: Turnpike access routes include all routes between the
Turnpike and a motor freight terminal located within a 10-mile radius
of each toll booth, except at the northeastern end of the Turnpike
where a 20-mile radius is allowed.
Routes
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-35 Kansas Tpk. Oklahoma............... KTA Exit 127.
Authority (KTA).
I-70 KTA............... KTA Exit 182........... KTA Exit 223.
I-335 KTA.............. KTA Exit 127........... KTA Exit 177.
I-470 KTA.............. KTA Exit 177........... KTA Exit 182.
LEGAL CITATIONS:
Kansas Statutes
Annotated (KSA)
KSA 8-1911............. KSA 68-2004............ KSA 68-2019.
KSA 8-1914............. KSA 68-2005............ KSA 68-2048a.
KSA 68-2003 ...........
------------------------------------------------------------------------
STATE: KANSAS
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 109 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 120,000 pounds
OPERATIONAL CONDITIONS: The operations of triple trailing unit
combinations are governed by two sets of criteria: (1) The Turnpike and
Turnpike access rules, and (2) the SVC rules which apply off of the
Turnpike except in the case of vehicles operating under Turnpike access
authority. The Turnpike and Turnpike access rules allow a maximum
combination vehicle length of 119 feet overall. The SVC rules require
``Triples'' to have trailers of no more than 28.5 feet maximum length
or a cargo-carrying length of approximately 95 feet.
The Turnpike and Turnpike access rules have no time-of-day travel
restrictions or other special requirements.
The SVC rules have several operational conditions. SVC's cannot
operate on holidays or during holiday weekends. SVC's cannot be
dispatched or operated during adverse weather conditions. SVC's must
travel in the right lane, except for passing, and the following
distance is 100 feet for every 10 miles per hour. SVC permits can
include any restrictions deemed necessary, including specific routes
and hours, days, and/or seasons of operation. Rules and regulations can
be promulgated regarding driver qualifications, vehicle equipment, and
operational standards.
WEIGHT: All triple trailing unit combinations must comply with the
Federal Bridge Formula with maximum axle weights of 20,000 pounds on a
single axle and 34,000 pounds on a tandem axle. The maximum gross
weight is 120,000 pounds on the Turnpike and Turnpike access routes,
but the SVC's have a maximum weight of 110,000 pounds.
DRIVER: A commercial driver's license with the appropriate
endorsement is required under both Turnpike and SVC rules. In addition,
for SVC operation drivers must have completed SVC driver training and a
company road test. Drivers must also have 2 years of experience driving
tractor-semitrailers and 1 year driving doubles.
VEHICLE: Vehicle requirements apply to the SVC program only. All
axles, except steering axles, must have dual wheels, and all vehicles
must be able to achieve and maintain a speed of 40 miles per hour on
all grades. Antispray mud flaps shall be attached to the rear of each
axle except the steering axle. Mud flaps shall have a surface designed
to absorb and deflect excess moisture to the road surface. Drop and
lift axles are prohibited. Vehicles may have a minimum of six and a
maximum of nine axles. The heaviest trailers are to be placed forward.
Hazardous cargo is prohibited. Convex mirrors are required on both
sides of the cab. Equipment must comply with the requirements of 49 CFR
390-399.
Any SVC shall be stable at all times during normal braking and
normal operation. When traveling on a level, smooth paved surface, an
SVC shall follow the towing vehicle without shifting or swerving beyond
the restraints of the lane of travel.
PERMIT: Same as the KS-TT2 combination on the Turnpike and Turnpike
access routes. A fee per company plus a permit fee for each power unit
is required for the SVC program, and the SVC permits are valid for 1
year. SVC's operated pursuant to regulation 36-1-33 under an annual
permit shall be covered by insurance.
ACCESS: Turnpike access routes include all routes between the
Turnpike and a motor freight terminal located within a 10-mile radius
of each toll booth, except at the northeastern end of the Turnpike
where a 20-mile radius is allowed. SVC access routes include all routes
between the Interstate and a motor freight terminal located within 5
miles of the Interstate at Goodland.
ROUTES:
A. For vehicles subject to the Turnpike and Turnpike access rules:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-35 KTA............... Oklahoma............... KTA Exit 127.
I-70 KTA............... KTA Exit 182........... KTA Exit 223.
I-335 KTA.............. KTA Exit 127........... KTA Exit 177.
I-470 KTA.............. KTA Exit 177........... KTA Exit 182.
------------------------------------------------------------------------
B. For vehicles subject to the SVC rules:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-70................... Colorado............... I-70 Exit 19 Goodland.
------------------------------------------------------------------------
LEGAL CITATIONS: Same as the KS-TT2 combination, plus KSA 8-1915.
STATE: MASSACHUSETTS
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF CARGO-CARRYING UNITS: 104 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 127,400 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Any combination of vehicles may not exceed a maximum gross
weight of 127,400 pounds. The maximum gross weight of the tractor and
first semitrailer shall not exceed 71,000 pounds. The maximum gross
weight of each unit of dolly and semitrailer shall not exceed 56,400
pounds. The maximum gross weight for the tractor and first semitrailer
is governed by the formula 35,000 pounds plus 1,000 pounds per foot
between the center of the foremost axle and the center of the rearmost
axle of the semitrailer. The maximum gross weight on any one axle is
22,400 pounds, and on any tandem axle it is 36,000 pounds. Axles less
than 46 inches between centers are considered to be one axle.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement and must be registered with the Massachusetts
Turnpike Authority (MTA). Registration shall include all specified
driving records, safety records, physical examinations, and minimum of
5 years of driving experience with tractor trailers.
VEHICLE:
(1) Brake Regulation. The brakes on any vehicle, dolly converter,
or combination of vehicles used in tandem-trailer operations as a
minimum shall comply with Federal Motor Carrier Safety Regulations in
49 CFR part 393. In addition, any vehicle, dolly converter or
combination of vehicles used in tandem-trailer operations shall meet
the requirements of the provisions of the Massachusetts Motor Vehicle
Law. Tandem-trailer combinations certified on or after June 1, 1968,
shall be equipped with suitable devices to accelerate application and
release of the brakes of the towed vehicle.
(2) Axles. A tractor used to haul a tandem trailer combination with
a gross weight of more than 110,000 pounds shall be equipped with
tandem rear axles, each of which shall be engaged to bear its full
share of the load on the roadway surface.
(3) Tandem Assembly. When the gross weight of the trailers vary by
more than 20 percent, they shall be coupled with the heaviest trailer
attached to the tractor. Coupling devices and towing devices shall
comply with the Federal regulations as stated in 49 CFR part 393. When
the distance between the rear of the one semitrailer and the front of
the following semitrailer is 10 feet or more, the dolly shall be
equipped with a device, or the trailers shall be connected along the
sides with suitable material, which will indicate to other Turnpike
users that the trailers are connected and are in effect one unit. The
MTA shall approve the devices or connections to be used on the
semitrailers that would indicate it is one unit. Coupling devices shall
be so designed, constructed, and installed, and the vehicles in a
tandem trailer combination shall be so designed and constructed to
ensure that when traveling on a level, smooth paved surface they will
follow in the path of the towing vehicle without shifting or swerving
over 3 inches to each side of the path of the towing vehicle when it is
moving in a straight line. A tandem trailer unit may pass another
vehicle traveling in the same direction only if the speed differential
will allow the tandem trailer unit to complete the maneuver and return
to the normal driving lane within a distance of 1 mile.
Each truck tractor shall be equipped with at least one spare fuse
or other overload protective device, if the devices are not of a reset
type, for each kind and size used. The vehicle is to carry at least one
set of tire chains for at least one driving wheel on each side between
October 15 and May 1 of each year. Each truck tractor shall carry a
fire extinguisher which shall have an aggregate rating of 20 BC.
PERMIT: A permittee must demonstrate to the MTA that it has
insurance coverage of the type and amounts required by Turnpike
regulation. Both the tractor manufacturer and the permittee shall
certify to the MTA, prior to the approval of a tractor, that it is
capable of hauling the maximum permissible gross load to be transported
by the permittee at a speed not less than 20 miles per hour on all
portions of the turnpike system. The MTA may revoke or temporarily
suspend any permit at will and the instructions of the MTA or
Massachusetts State Police shall be complied with immediately.
ACCESS: Makeup and breakup areas. Tandem trailer units shall not
leave the Turnpike right-of-way and shall be assembled and disassembled
only in designated areas.
Routes
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-90 Mass Turnpike..... New York State......... Turnpike Exit 18
Boston.
------------------------------------------------------------------------
LEGAL CITATIONS:
The MTA, Massachusetts Rules and Regulations 730, and CMR 4.00.
STATE: MICHIGAN
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF CARGO-CARRYING UNITS: 58 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 154,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: The single-axle weight limit for LCV's is 18,000 pounds for
axles spaced 9 feet or more apart. For axles spaced more than 3.5 feet
but less than 9 feet apart, the single-axle weight limit is 13,000
pounds. The tandem-axle weight limit is 16,000 pounds per axle for the
first tandem and 13,000 pounds per axle for all other tandems. Axles
spaced less than 3.5 feet apart are limited to 9,000 pounds per axle.
Maximum load per inch width of tire is 700 pounds. Maximum gross weight
is determined based on axle and axle group weight limits. The maximum
practical gross weight is 154,000 pounds.
When restricted seasonal loadings are in effect, load per inch
width of tire and maximum axle weights are reduced as follows: Rigid
pavements--525 pounds per inch of tire width, 25 percent axle weight
reduction; Flexible pavements--450 pounds per inch of tire width, 35
percent axle weight reduction.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: Truck height may not exceed 13.5 feet. There is no overall
length for LCV's operating on the Interstate System when semitrailer
and trailer lengths do not exceed 28.5 feet. If either the trailer or
semitrailer is longer than 28.5 feet, the distance from the front of
the first box to the rear of the second box may not exceed 58 feet. A
combination of vehicles shall not have more than 11 axles, and the
ratio of gross weight to net horsepower delivered to the clutch shall
not exceed 400 to 1.
PERMIT: Permits for divisible loads of more than 80,000 pounds must
conform to either Federal or grandfathered axle and bridge spacing
requirements.
ACCESS: All designated State highways.
ROUTES: All Interstate routes and designated State highways.
LEGAL CITATIONS:
Michigan Public Act 300, section 257.722
Michigan Public Act 300, section 257.719
STATE: MISSISSIPPI
COMBINATION: Truck tractor and 2 trailing units
LENGTH OF THE CARGO-CARRYING UNITS: 65 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: Each trailing unit may be a maximum of 30 feet long.
PERMIT: None required.
ACCESS: No restrictions, may operate Statewide.
ROUTES: All NN routes.
LEGAL CITATIONS: Section 63-5-19, Mississippi Code, Annotated,
1972.
STATE: MISSOURI
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 109 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 120,000 pounds when entering
Missouri from Kansas; 95,000 pounds when entering from Nebraska; 90,000
pounds when entering from Oklahoma.
OPERATIONAL CONDITIONS: Missouri allows vehicles from neighboring
States access to terminals in Missouri which are within 20 miles of the
Missouri State Line. These vehicles must be legal in the State from
which they are entering Missouri.
WEIGHT, DRIVER, VEHICLE: Same conditions which apply to a truck
tractor and two trailing units legally operating in Kansas, Nebraska,
or Oklahoma.
PERMIT: Annual blanket overdimension permits are issued to allow a
truck tractor and two trailing units legally operating in Kansas,
Nebraska, or Oklahoma to move to and from terminals in Missouri which
are located within a 20-mile band of the State Line for these three
States. There is a permit fee per power unit. The permits carry routine
permit restrictions, but do not address driver qualifications or any
other restrictions not included in the rules and regulations for all
permitted movement.
ACCESS: Routes as necessary to reach terminals.
ROUTES: All NN routes within a 20-mile band from the Kansas,
Nebraska, and Oklahoma borders.
LEGAL CITATIONS: Sec. 304.170 and Sec. 304.200 Revised Statutes of
Missouri 1990.
STATE: MISSOURI
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 109 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 120,000 pounds when entering
Missouri from Kansas; 90,000 pounds when entering from Oklahoma.
OPERATIONAL CONDITIONS: Missouri allows vehicles from neighboring
States access to terminals in Missouri which are within 20 miles of the
Missouri State Line. These vehicles must be legal in the State from
which they are entering Missouri.
WEIGHT, DRIVER, VEHICLE: Same conditions which apply to a truck
tractor and three trailing units legally operating in Kansas or
Oklahoma.
PERMIT: Annual blanket overdimension permits are issued to allow a
truck tractor and three trailing units legally operating in Kansas or
Oklahoma, to move to and from terminals in Missouri which are located
within a 20-mile band of the State Line for these two States. There is
a permit fee per power unit. The permits carry routine permit
restrictions, but do not address driver qualifications or any other
restrictions not included in the rules and regulations for all
permitted movement.
ACCESS: Routes as necessary to reach terminals.
ROUTES: All NN routes within a 20-mile band from the Kansas and
Oklahoma borders.
LEGAL CITATIONS: Sec. 304.170 & Sec. 304.200 Revised Statutes of
Missouri 1990.
STATE: MONTANA
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF CARGO-CARRYING UNITS: 93 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 137,800 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Except for vehicles operating under the Montana/Alberta
Memorandum of Understanding (MOU), any vehicle carrying a divisible
load over 80,000 pounds must comply with the Federal Bridge Formula
found in 23 U.S.C. 127.
Maximum single-axle limit: 20,000 pounds
Maximum tandem-axle limit: 34,000 pounds
Maximum gross weight is based upon application of the Bridge Formula.
Maximum weight allowed per inch of tire width is 600 pounds.
WEIGHT, MONTANA/ALBERTA MOU:
Maximum single-axle limit: 20,000 pounds
Maximum tandem-axle limit: 37,500 pounds
Maximum tridem-axle limit:
Axles spaced from 94'' to less than 118'': 46,300 pounds
Axles spaced from 118'' to less than 141'': 50,700 pounds
Axles spaced from 141'' to 146'': 52,900 pounds
Maximum gross weight:
A-Train: 118,000 pounds
B-Train (eight axle): 137,800 pounds
B-Train (seven axle): 124,600 pounds
The designation of ``A-Train'' or ``B-Train'' refers to the manner
in which the two trailing units are connected.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: No special requirements beyond compliance with Federal
Motor Carrier Safety Regulations.
PERMIT: Special permit required for double trailer combinations if
either trailer exceeds 28.5 feet. Permits are available on an annual or
a trip basis and provide for continuous travel. Statutory reference:
61-10-124, MCA. For vehicles being operated under the Montana/Alberta
MOU, operators must have paid gross vehicle weight fees for the total
weight being carried. In addition, a term Restricted Route and Oversize
Permit for which an annual fee is charged must be obtained. Finally,
vehicle operators must secure a single-trip, overweight permit prior to
each trip.
ACCESS: Access must be authorized by the Montana DOT. For vehicles
operated under the Montana/Alberta MOU, access routes from I-15 into
Shelby are authorized when permits are issued. For vehicles with a
cargo-carrying length greater than 88 feet, but not more than 93 feet,
a 2-mile access from the Interstate System is automatically granted to
terminals and service areas. Access outside the 2-mile provision may be
granted on a case-by-case basis by the Administrator of the Motor
Carrier Services Division.
ROUTES: Combinations with a cargo-carrying length greater than 88
feet, but not more than 93 feet, are limited to the Interstate System.
Combinations with a cargo-carrying length of 88 feet or less can use
all NN routes except U.S. 87 from milepost 79.3 to 82.5. For vehicles
being operated under the Montana/Alberta MOU, the only route available
is I-15 from the border with Canada to Shelby.
LEGAL CITATION:
61-10-124 MCA.......... 61-10-104 MCA.......... ARM 18.8.509(6)
61-10-107 (3) MCA...... 61-10-121 MCA.......... ARM 18.8.517, 518
Montana/Alberta Memorandum of Understanding
Administrative Rules of Montana
STATE: MONTANA
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 100 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 131,060 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Any vehicle carrying a divisible load over 80,000 pounds
must comply with the Federal Bridge Formula found in 23 U.S.C. 127.
Maximum single-axle limit: 20,000 pounds
Maximum tandem-axle limit: 34,000 pounds
Maximum gross weight is based upon application of the Bridge Formula.
Maximum weight allowed per inch of tire width is 600 pounds.
DRIVER: Drivers of three trailing unit combinations must be
certified by the operating company. This certification includes an
actual driving test and knowledge of Federal Motor Carrier Safety
Regulations and State law pertaining to triple vehicle operations.
Drivers are also required to have a commercial driver's license with
the appropriate endorsement.
VEHICLE: The 100-foot cargo-carrying length is only with a
conventional tractor within a 110-foot overall length limit. If a
cabover tractor is used, the cargo length is 95 feet within a 105-foot
overall length limit. Vehicles involved in three trailing unit
operations must comply with the following regulations:
1. Shall maintain a minimum speed of 20 miles per hour on any
grade;
2. Kingpins must be solid and permanently affixed;
3. Hitch connections must be no-slack type;
4. Drawbars shall be of minimum practical length;
5. Permanently affixed axles must be designed for the width of the
trailer;
6. Anti-sail mudflaps or splash and spray suppression devices are
required;
7. The heavier trailers shall be in front of lighter trailers;
8. A minimum distance of 100 feet per 10 miles per hour is required
between other vehicles except when passing;
9. Operating at speeds greater than 55 miles per hour is
prohibited; and
10. Vehicle and driver are subject to Federal Motor Carrier Safety
Regulations.
Reference: 18.8.517 Administrative Rules of Montana.
PERMIT: Special triple vehicle permits are required for the
operation of these combinations. Permits are available on an annual or
trip basis. Permits are good for travel on the Interstate System only
and are subject to the following conditions:
1. Travel is prohibited during adverse weather conditions;
2. Transportation of Class A explosives is prohibited; and
3. Companies operating triple combinations must have an established
safety program including driver certifications.
ACCESS: Access is for 2 miles beyond the Interstate System, or
further if granted by the Administrator of the Motor Carrier Services
Division.
ROUTES: Interstate System routes in the State.
LEGAL CITATION: 18.8.517 Administrative Rules of Montana.
STATE: MONTANA
COMBINATION: Truck-Trailer
LENGTH OF CARGO-CARRYING UNITS: 88 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, and ACCESS: Same as the MT-TT2 combination.
VEHICLE: Same as the MT-TT2 combination, except overall length
limited to 95 feet.
PERMIT: Special permit required if overall length exceeds 75 feet.
Special permits allow continuous travel and are available on an annual
or trip basis.
ROUTES: Same as the MT-TT2 combination.
LEGAL CITATIONS: 61-10-121 and 61-10-124, MCA.
STATE: MONTANA
COMBINATION: Truck-trailer-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 103 feet
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, PERMIT, and ACCESS: Same as the MT-TT2 combination.
VEHICLE: The cargo-carrying unit length is 103 feet with a
conventional truck within a 110-foot overall length limit, and 98 feet
with a cab-over-engine truck within a 105-foot overall length limit. On
two-lane highways the cargo-carrying unit length is 88 feet within a
95-foot overall length limit.
ROUTES: All NN routes except U.S. 87 between mileposts 79.3 and
82.5.
LEGAL CITATIONS:
61-10-124 MCA
61-10-121 MCA
ARM 18-8-509
STATE: NEBRASKA
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 95,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: The following conditions are for a truck tractor and 2
trailing units with a length of cargo-carrying units of 65 feet or
less.
Maximum Weight:
Single axle = 20,000 pounds
Tandem axle = 34,000 pounds
Gross = Determined by Federal Bridge Formula B, but not to exceed
95,000 pounds.
Truck tractor and 2 trailing unit combinations with a length of
cargo-carrying units of over 65 feet are required to travel empty.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement. There are no additional special qualifications
where the cargo-carrying unit lengths are 65 feet or less. For cargo-
carrying unit lengths over 65 feet, the driver must comply with all
State and Federal requirements and must not have had any accidents
while operating such vehicles.
VEHICLE: For combinations with a cargo-carrying length over 65
feet, but not over 85 feet, the semitrailer cannot exceed 48 feet in
length and the full trailer cannot be less than 26 feet or more than 28
feet long. The shorter trailer must be placed to the rear. The wheel
path of the trailer(s) cannot vary more than 3 inches from that of the
towing vehicle.
For combinations with a cargo-carrying length greater than 85 feet,
up to and including 95 feet, the trailers must be of approximately
equal length.
PERMIT: A weight permit in accordance with Chapter 12 of the
Nebraska Department of Roads Rules and Regulations is required for
operating on the Interstate System with weight in excess of 80,000
pounds. Combinations with a length of cargo-carrying units over 65 feet
are not eligible for the overweight permit. A length permit, in
accordance with Chapter 11 of the Nebraska Department of Roads Rules
and Regulations, is required for two trailing unit combinations with a
length of cargo-carrying units over 65 feet in length. Conditions of
the length permit prohibit movements on Saturdays, Sundays, and
holidays; when ground wind speed exceeds 25 miles per hour; and when
visibility is less than 800 feet. Movement is also prohibited during
steady rain, snow, sleet, ice, or other conditions causing slippery
pavement. Between November 15 and April 15 permission to move must be
obtained from the Nebraska Department of Roads Permit Office within 3
hours of the movement. Between April 16 and November 14 permission to
move must be obtained within 3 days of the movement. Fees are charged
for the 10-day weight permit and the annual length permit. These
permits can be revoked if the terms are violated.
ACCESS: Two trailing unit combinations with a length of cargo-
carrying units of not more than 65 feet may operate on all State
highways. For two trailing unit combinations with a length of cargo-
carrying units over 65 feet, access to and from the Interstate is
limited to designated staging areas within 6 miles of I-80 between the
Wyoming State Line and Exit 440 (Nebraska Route 50). Except for
weather, emergency, and repair, two trailing unit combinations with a
length of cargo-carrying units over 65 feet cannot reenter the
Interstate after having left it.
ROUTES: Vehicles requiring length permits are restricted to I-80
from Wyoming to Exit 440 (Nebraska Highway 50). There are no route
restrictions for vehicles not requiring length permits.
LEGAL CITATIONS:
Nebraska Revised Statutes Reissued 1988
Sec. 39-6,179 (Double trailers under 65 feet)
Sec. 39-6,179.01 (Double trailers over 65 feet)
Sec. 39-6,180.01 (Authorized weight limits)
Sec. 39-6,181 (Vehicles; size; weight; load; overweight; special
permits; etc.)
Nebraska Department of Roads Rules and Regulations, Title 408, Chapter
1 (Double trailers over 65 feet)
STATE: NEBRASKA
COMBINATION: Truck tractor and 3 trailing units
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
OPERATIONAL CONDITIONS:
WEIGHT: A truck tractor and three trailing unit combination is
required to travel empty.
DRIVER, PERMIT, and ACCESS: Same as the NE-TT2 combination.
VEHICLE: A three trailing unit combination must have trailers of
approximately equal length and the overall vehicle length cannot exceed
105 feet.
ROUTES: I-80 from Wyoming to Exit 440 (Nebraska Highway 50).
LEGAL CITATIONS:
Neb. Rev. Stat. Sec. 39-6.179,01 (Reissue 1988)
Nebraska Department of Roads Rules and Regulations, Title 408, Chapter
1
STATE: NEBRASKA
COMBINATION: Truck-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 68 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: The overall vehicle length, including load, cannot exceed
75 feet.
PERMIT: No permit is required.
ACCESS: Statewide during daylight hours only.
ROUTES: All NN routes.
LEGAL CITATIONS: Neb. Rev. Stat. Sec. 39-6,179.
STATE: NEVADA
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 129,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: The single-axle weight limit is 20,000 pounds, the tandem-
axle weight limit is 34,000 pounds, and the gross weight is subject to
the Federal Bridge Formula limits, provided that two consecutive
tandems with a distance of 36 feet or more between the first and last
axle may carry 34,000 pounds on each tandem.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement, be at least 25 years old, and have had a
medical exam within previous 24 months. Every operator must be covered
by a liability insurance policy with personal injury and property
damage limits meeting State requirements.
VEHICLE: No trailer may be longer than 48 feet. If one trailer is
48 feet long, the other trailer cannot exceed 42 feet. Towed vehicles
must not shift or sway more than 3 inches to right or left and must
track in a straight line on a level, smooth paved highway. Vehicles
must be able to accelerate and operate on a level highway at speeds
which are compatible with other traffic and with the speed limits and
must be able to maintain a minimum of 20 miles per hour on any grade on
which they may operate. All vehicles must have safety chains on
converter dollies. Vehicles must carry snow chains for each drive
wheel.
Vehicle operations may be suspended in adverse weather and high
winds, as determined by police or the Nevada DOT.
The shortest trailer must be in the rear of a combination unless it
is heavier than the longer trailer.
Brakes must comply with all State and Federal requirements for
commercial vehicles including automatic braking for separation of
vehicles, parking brakes, and working lights.
Vehicles must not exceed posted speed limits and cannot operate on
any highway on which they cannot at all times stay on the right side of
the center line. All LCV's must keep a distance of at least 500 feet
from each other.
Every full-sized truck or truck tractor used in a combination of
vehicles must be equipped with at least the following emergency and
safety equipment:
1. One fire extinguisher which meets ``Classification B'' of the
National Fire Protection Association.
2. One spare light bulb for every electrical lighting device used
on the rear of the last vehicle in a combination of vehicles.
3. One spare fuse for each different kind and size of fuse used in
every vehicle in the combination of vehicles. If the electrical system
of any vehicle in the combination contains any devices for protection
of electrical circuits from overloading, other than fuses and circuit
breakers which can be reset, one spare of each such device must be kept
as emergency and safety equipment.
4. Any flares, reflectors or red electrical lanterns which meet
State or Federal law or regulation.
Before operating a combination of vehicles on a highway of this
State, the owner or operator of the combination shall certify to the
Nevada DOT, on a form provided by it, that all vehicles and equipment
in the combination meet the requirements of and will be operated in
compliance with NAC 484.300 to 484.440, inclusive.
All axles except for steering axles and axles that weigh less than
10,000 pounds must have at least four tires unless the tire width of
each tire on the axles is 14 inches or greater.
PERMIT: Permits are required and a fee is charged. They may be
revoked for violation of any of the provisions of the legal
regulations. The State may suspend operation on roads deemed unsafe or
impracticable. Permits must be carried in the vehicle along with
identification devices issued by the Nevada Department of Motor
Vehicles.
ACCESS: As authorized by the Nevada DOT.
ROUTES: All NN routes, except US 93 from Nevada State route 500 to
Arizona.
LEGAL CITATIONS: NRS 484.400, .405(4), .425, .430, .739, 408.100-4,
.100-6(a), and 706.531. Also, ``Regulations for the Operation of 70 to
105 foot Combinations'' (1990).
STATE: NEVADA
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 129,000 pounds
OPERATIONAL CONDITIONS: Same as the NV-TT2 combination.
ROUTES: Same as the NV-TT2 combination.
LEGAL CITATIONS: Same as the NV-TT2 combination.
STATE: NEVADA
COMBINATION: Truck-trailer, and Truck-trailer-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 98 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, VEHICLE, and ACCESS: Same as the NV-TT2 combination.
PERMITS: Same as the NV-TT2 combination, except permits for Truck-
trailer, or Truck-trailer-trailer combinations are only required when
the overall length is 70 feet or more.
ROUTES: Same as the NV-TT2 combination.
LEGAL CITATIONS: Same as the NV-TT2 combination.
STATE: NEW MEXICO
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: Not applicable
MAXIMUM ALLOWABLE GROSS WEIGHT: 86,400 pounds
OPERATIONAL CONDITIONS: The cargo-carrying length restriction does
not apply to this combination. The length of each trailing unit is
limited to 28.5 feet. This describes a two trailing unit vehicle whose
operation is guaranteed by the STAA of 1982 regardless of inter-unit
spacing. As long as each trailing unit is 28.5 feet long or less,
cargo-carrying length is not restricted. This combination is listed as
a LCV because it can exceed the 80,000-pound threshold established in
the Congressional definition. The 86,400-pound gross weight limit is
grandfathered for New Mexico.
WEIGHT: Single axle = 21,600 pounds. Tandem axle = 34,200 pounds.
Load per inch of tire width = 600 pounds. The total gross weight with
load imposed on the highway by any vehicle or combination of vehicles
where the distance between the first and last axles is less than 19
feet shall not exceed that given for the respective distances in the
following table:
------------------------------------------------------------------------
Allowed
load in
pounds
Distance in feet between first and last axles of group on group
of axles
------------------------------------------------------------------------
4............................................................ 34,320
5............................................................ 35,100
6............................................................ 35,880
7............................................................ 36,660
8............................................................ 37,440
9............................................................ 38,220
10............................................................ 39,000
11............................................................ 39,780
12............................................................ 40,560
13............................................................ 41,340
14............................................................ 42,120
15............................................................ 42,900
16............................................................ 43,680
17............................................................ 44,460
18............................................................ 45,240
------------------------------------------------------------------------
The total gross weight with load imposed on the highway by any
vehicle or combination of vehicles where the distance between the first
and last axles is 19 feet or more shall not exceed that given for the
respective distances in the following table:
------------------------------------------------------------------------
Allowed
load in
Distance in feet between first and last axles of group pounds
on group
of axles
------------------------------------------------------------------------
19............................................................ 53,100
20............................................................ 54,000
21............................................................ 54,900
22............................................................ 55,800
23............................................................ 56,700
24............................................................ 57,600
25............................................................ 58,500
26............................................................ 59,400
27............................................................ 60,300
28............................................................ 61,200
29............................................................ 62,100
30............................................................ 63,000
31............................................................ 63,900
32............................................................ 64,800
33............................................................ 65,700
34............................................................ 66,600
35............................................................ 67,500
36............................................................ 68,400
37............................................................ 69,300
38............................................................ 70,200
39............................................................ 71,100
40............................................................ 72,000
41............................................................ 72,900
42............................................................ 73,800
43............................................................ 74,700
44............................................................ 75,600
45............................................................ 76,500
46............................................................ 77,400
47............................................................ 78,300
48............................................................ 79,200
49............................................................ 80,100
50............................................................ 81,000
51............................................................ 81,900
52............................................................ 82,800
53............................................................ 83,700
54............................................................ 84,600
55............................................................ 85,500
56 and over................................................... 86,400
------------------------------------------------------------------------
The distance between the centers of the axles shall be measured to
the nearest even foot. When a fraction is exactly one-half the next
larger whole number shall be used.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: No special requirements beyond normal Federal Motor
Carrier or State regulations. The maximum length of the trailing units
is 28.5 feet.
PERMIT: None Required.
ACCESS: STAA vehicles must be allowed reasonable access in
accordance with 23 CFR 658.19.
ROUTES: All Interstate highways.
LEGAL CITATIONS:
66-7-409 NMSA 1978
66-7-410 NMSA 1978
STATE: NEW YORK
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 102 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 143,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: The following information pertains to tandem trailer
combinations with either trailer more than 28.5 feet long but not more
than 48 feet long. A nine-axle combination vehicle may not exceed a
total maximum gross weight of 143,000 pounds. An eight-axle combination
vehicle may not exceed a total maximum gross weight of 138,400 pounds.
The maximum gross weight that may be carried upon any combination of
units is limited by the maximum gross weight that can be carried upon
the axles as follows. For a nine-axle combination: Drive axles--36,000
pounds, axles four/five--36,000 pounds, axles six/seven--27,000 pounds,
and axles eight/nine--36,000 pounds. A minimum 12-foot axle spacing
between the fifth and sixth axles is also required on the nine-axle
LCV. For an eight-axle combination: Drive axles--36,000 pounds, axles
four/five--36,000 pounds, sixth axle--22,400 pounds, and axles seven/
eight--36,000 pounds. The eight-axle LCV has no minimum axle-spacing
requirements. For gross weights in excess of 138,400 pounds the
combination must include a tandem-axle dolly to meet the nine-axle
requirements. Maximum permissible gross weight for B-train combination
is 127,000 pounds.
When the gross weight of the two trailers in a tandem combination
vary more than 20 percent, the heaviest of the two must be placed in
the lead position.
For tandem trailer combinations in which neither trailing unit
exceeds 28.5 feet in length the following maximum allowable weights
apply: for a single axle--28,000 pounds (except that steering axles may
not exceed 22,400 pounds), for a tandem axle--42,500 pounds, for a tri-
axle--52,500 pounds. The gross weight may not exceed 100,000 pounds or
the manufacturers gross weight rating, whichever is lower.
DRIVER: For operation on highways under the jurisdiction of the New
York State Thruway Authority (NYSTA), except for the full length of I-
84 and that portion of I-287 from Thruway exit 8 to I-95, the driver
must have a commercial driver's license with the appropriate
endorsement, and hold a Tandem Trailer Driver's Permit issued by the
NYSTA. In order to obtain an NYSTA driver's permit, an applicant must
(1) hold a valid commercial driver's license with multiple-trailer
endorsement; (2) be over 26 years old, in good health, and have at
least 5 years of provable experience driving tractor-trailer
combinations; and (3) meet all other application requirements with
regard to driving history established by the NYSTA. Qualified drivers
receive a Tandem Trailer Driver's Permit for Tandem Vehicle Operation
which is valid only for the operation of the certified equipment owned
by the company to which the permit is issued.
For operation on highways under the jurisdiction of the New York
State DOT, cities not wholly included in one county, the full length of
I-84 and that portion of I-287 from Thruway exit 8 to I-95, the driver
must have a commercial driver's license with the appropriate
endorsement.
VEHICLE: All vehicles must meet the requirements of applicable
Federal and State statutes, rules, and regulations. Vehicles operating
on highways under the jurisdiction of the NYSTA, except for the full
length of I-84 and that portion of I-287 from Thruway exit 8 to I-95,
must also meet the following additional requirements. The tractor
manufacturer and the permittee shall certify to the NYSTA prior to the
approval of the tractor that it is capable of hauling the maximum
permissible gross load at a speed of not less than 20 miles per hour on
all portions of the thruway system.
The brakes on any vehicle, dolly converter, or combination of
vehicles shall comply with 49 CFR part 393 and, in addition, any
vehicle or dolly converter shall meet the provisions of the New York
State Traffic Law.
Tandem trailer operations shall be equipped, at a minimum, with
emergency equipment as required by 49 CFR part 393, subpart H, as
amended, tire chains from October 15 to May 1 of each year, a fire
extinguisher with an aggregate rating of 20BC, and each trailer with
specific lamps and reflectors.
All tractors certified by the NYSTA for use with tandem trailers
will be assigned an identification number by the NYSTA which must be
placed on the vehicle. The number must be at least 3 inches in height
and visible to a person standing at ground level opposite the driver's
position in the cab.
Axle Type. Tractors to be used for hauling 110,000 pounds or more
shall be equipped with tandem rear axles, both with driving power.
Tractors to be used for hauling 110,000 pounds or less may have a
single drive axle. Tandem combinations using single wheel tires
commonly referred to as ``Super Singles'' are required to use triple-
axle tractors, dual-axle trailers, and dual-axle dollies.
Dollies. Every converter dolly certified on and after June 1, 1968,
used to convert a semitrailer to a full trailer may have either single
or tandem axles at the option of the permittee. Single-axle dollies may
not utilize low profile tires. Combination vehicles with a gross weight
in excess of 138,400 pounds must have a tandem-axle dolly to meet the
nine-axle requirement. If the distance between two semitrailers is 10
feet or more, the dolly shall be equipped with a device or the trailers
connected along the sides with suitable material to indicate they are
in effect one unit. The devices or connection shall be approved by the
NYSTA prior to use on a tandem trailer combination. The NYSTA tandem-
trailer provisions require that converter dollies shall be coupled with
one or more safety chains or cables to the frame or an extension of the
frame of the motor vehicle by which it is towed. Each dolly converter
must also be equipped with mud flaps. Tandem combinations using a
sliding fifth wheel attached to the lead trailer, known as a ``B-
Train'' combination, will require a separate Thruway Engineer Service
approval prior to the initial tandem run. Special provisions regarding
B-Trains will be reviewed at the time of the application or request for
use on the Thruway.
PERMIT: For operation on highways under the jurisdiction of the New
York State DOT, cities not wholly included in one county, or the
following highway sections under NYSTA jurisdiction; the full length of
I-84 and that portion of I-287 from Thruway exit 8 to I-95, a permit to
exceed the weight limits set forth in section 385(15) of the New York
State Vehicle and Traffic Law must be obtained from the State DOT, city
involved, or the NYSTA. A fee is charged for the permit.
For operation on highways under the jurisdiction of the NYSTA,
except for the full length of I-84 and that portion of I-287 from
Thruway exit 8 to I-95, companies must file an application for a Tandem
Trailer Permit with the NYSTA. Permits are issued to such companies
upon meeting qualifications, including insurance, for tandem
combinations over 65 feet in length. No permit fee is charged; however,
Thruway tolls are charged for each use of the Thruway, and the
equipment must be certified by the NYSTA annually. The annual re-
certification of equipment is handled by: New York State Thruway
Authority, Manager of Traffic Safety Services, P.O. Box 189, Albany,
New York 12201-0189
Transportation of hazardous materials is subject to special
restrictions plus 49 CFR part 397 of the Federal Motor Carrier Safety
Regulations.
ACCESS: For tandem trailer combinations with either trailer more
than 28.5 feet long but not more than 48 feet long, the following
access is available to authorized operating routes.
I-87 (New York Thruway) Access provided at Thruway Exit 21B to or from
a point 1,500 feet north of the Thruway on US 9W.
I-90 (NYSTA-Berkshire Section) access provided at:
(1) Thruway Exit B-1 to or from a point 0.8 mile north of the
southern most access ramp on US 9.
(2) Thruway Exit B-3 within a 2,000-foot radius of the Thruway
ramps to NY 22.
I-90 (New York Thruway) access provided at:
(1) Thruway Exit 28 within a radius of 1,500 feet of the toll booth
at Fultonville, New York.
(2) Thruway Exit 32 to or from a point 0.6 mile north of the
Thruway along NY 233.
(3) Thruway Exit 44 to or from a point 0.8 mile from the Thruway
along NY 332 and Collett Road.
(4) Thruway Exit 52 to or from:
(a) A point 1.7 miles west and south of the Thruway via Walden
Avenue and NY 240 (Harlem Road);
(b) A point 0.85 mile east and south of the Thruway via Walden
Avenue and a roadway purchased by the Town of Cheektowaga from Sorrento
Cheese, Inc.
(5) Thruway Exit 54 to or from a point approximately 2.5 miles east
and north of the Thruway via routes NY 400 and NY 277.
(6) Thruway Exit 56 to or from a point approximately 2 miles west
and south of the Thruway via NY 179 and Old Mile Strip Road.
I-190 (NYSTA--Niagara Section) access provided at:
(1) Thruway Exit N1 to or from:
(a) A point 0.8 mile west of the Thruway exit along Dingens Street.
(b) A point 0.45 mile from the Thruway exit via Dingens Street and
James E. Casey Drive.
(2) Thruway Exit N5 to or from a point approximately 1.0 miles
south of the Thruway via Louisiana Street and South Street.
(3) Thruway Exit N15 to or from a point 0.5 mile southeast of the
Thruway via NY 325 (Sheridan Drive) and Kenmore Avenue.
(4) Thruway Exit N17 to or from:
(a) A point 1.5 miles north of the Thruway on NY 266 (River Road).
(b) A point approximately 0.4 mile south of the Thruway on NY 266
(River Road).
Tandem trailer combinations in which neither trailing unit exceeds
28.5 feet in length are restricted to the Designated Qualifying and
Access Highway System.
ROUTES: For tandem trailer combinations with either trailer more
than 28.5 feet long, but not more than 48 feet long, the following
routes are available:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-87 (New York Thruway) Bronx/Westchester Thruway Exit 24.
County Line.
I-90 (New York Thruway) Pennsylvania........... Thruway Exit 24.
I-90 (New York Thruway Thruway Exit B-1....... Massachusetts.
Berkshire Section).
I-190 (New York Thruway Thruway Exit 53........ Int'l Border with
Niagara Section). Canada.
NY 912M (Berkshire Thruway Exit 21A....... Thruway Exit B-1.
Connection of the New
York Thruway).
------------------------------------------------------------------------
Tandem trailer combinations in which neither trailing unit exceeds
28.5 feet in length may operate on all NN Highways.
LEGAL CITATIONS:
Public Authorities Law--Title 9, sec. 350, et. seq. (section 361 is
most relevant)
New York State Thruway Authority Rules & Regulations, sections 100.6,
100.8, and 103.13
New York State Vehicle & Traffic Law, sections 385 and 1630
STATE: NORTH DAKOTA
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 103 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 105,500 pounds
OPERATIONAL CONDITIONS:
WEIGHT: The Gross Vehicle Weight (GVW) of any vehicle or
combination of vehicles is determined by the Federal Bridge Formula,
including the exception for two sets of tandems spaced 36 feet apart.
No single axle shall carry a gross weight in excess of 20,000
pounds. Axles spaced 40 inches or less apart are considered one axle.
Axles spaced 8 feet or more apart are considered as individual axles.
The gross weight of two individual axles may be restricted by the
weight formula. Spacing between axles shall be measured from axle
center to axle center.
Axles spaced over 40 inches but less than 8 feet apart shall not
carry a gross weight in excess of 17,000 pounds per axle. The gross
weight of three or more axles in a grouping is determined by the
measurement between the extreme axle centers. During the spring breakup
season or on otherwise posted highways, reductions in the above axle
weights may be specified.
The weight in pounds on any one wheel shall not exceed one-half the
allowable axle weight. Dual tires are considered one wheel.
The weight per inch of tire width shall not exceed 550 pounds. The
width of tire shall be the manufacturer's rating.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: The cargo length of a two trailing unit combination may
not exceed 100 feet (when the power unit is a truck tractor) or 103
feet (when the power unit is a truck) when traveling on the NN or local
highways designated by local authorities.
All hitches must be of a load-bearing capacity capable of bearing
the weight of the towed vehicles. The towing vehicle must have a hitch
commonly described as a fifth wheel or gooseneck design, or one that is
attached to the frame.
The hitch on the rear of the vehicle connected to the towing
vehicle must be attached to the frame of the towed vehicle. All
hitches, other than a fifth wheel or gooseneck, must be of a ball and
socket type with a locking device or a pintle hook.
The drawn vehicles shall be equipped with brakes and safety chains
adequate to control the movement of, and to stop and hold, such
vehicles. When the drawn vehicle is of a fifth wheel or gooseneck
design, safety chains are not required.
In any truck or truck tractor and two trailer combination, the
lighter trailer must always be operated as the rear trailer, except
when the gross weight differential with the other trailer does not
exceed 5,000 pounds.
The power unit shall have adequate power and traction to maintain a
minimum speed of 15 miles per hour on all grades.
PERMIT: No permits are required for GVW of 80,000 pounds or less.
Single-trip permits are required for GVW exceeding 80,000 pounds.
Weather restrictions (37-06-04-06, NDAC), weight distribution on
trailers (37-06-04, NDAC), and signing requirements (37-06-04-05, NDAC)
are applicable.
Movements of LCV's are prohibited when:
1. Road surfaces, due to ice, snow, slush, or frost present a
slippery condition which may be hazardous to the operation of the unit
or to other highway users;
2. Wind or other conditions may cause the unit or any part thereof
to swerve, whip, sway, or fail to follow substantially in the path of
the towing vehicle; or
3. Visibility is reduced due to snow, ice, sleet, fog, mist, rain,
dust, or smoke.
The North Dakota Highway Patrol may restrict or prohibit operations
during periods when in its judgment traffic, weather, or other safety
conditions make travel unsafe.
The last trailer in any combination must have a ``LONG LOAD'' sign
mounted on the rear. It must be a minimum of 12 inches in height and 60
inches in length. The lettering must be 8 inches in height with 1-inch
brush strokes. The letters must be black on a yellow background.
Legal width--8 feet 6 inches on all highways.
Legal height--13 feet 6 inches.
ACCESS: Access for vehicles with cargo-carrying length of 68 feet
or more is 10 miles off the NN. Vehicles with a cargo-carrying length
less than 68 feet may travel on all highways in North Dakota.
ROUTES: All NN routes.
LEGAL CITATIONS: North Dakota Century Code, section 38-12-04; North
Dakota Administrative Code, article 37-06.
STATE: NORTH DAKOTA
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 100 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 105,500 pounds
OPERATIONAL CONDITIONS:
WEIGHT, DRIVER, PERMIT, and ACCESS: Same as the ND-TT2 combination.
VEHICLE: Same as the ND-TT2 combination, and in addition, in any
combination with three trailing units the lightest trailer must always
be operated as the rear trailer. For the first two trailing units the
lighter trailer must always be second except when the gross weight
differential with the other trailer does not exceed 5,000 pounds.
ROUTES: Same as the ND-TT2 combination.
LEGAL CITATIONS: Same as the ND-TT2 combination.
STATE: NORTH DAKOTA
COMBINATION: Truck-trailer, and Truck-trailer-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 103 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, VEHICLE, PERMIT, and ACCESS: Same as the ND-TT2
combination.
ROUTES: Same as the ND-TT2 combination.
LEGAL CITATIONS: Same as the ND-TT2 combination.
STATE: OHIO
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 102 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 127,400 pounds
OPERATIONAL CONDITIONS: Long double combination vehicles are only
allowed on that portion of Ohio's Interstate System which is under the
jurisdiction of the Ohio Turnpike Commission (OTC). These same vehicles
are not allowed on any portion of the Interstate System under the
jurisdiction of the Ohio DOT.
WEIGHT: The OTC has established the following provisions for
operation:
Maximum Weight: Single axle = 21,000 pounds; tandem axle spaced 4
feet or less apart = 24,000 pounds; tandem axle spaced more than 4 feet
but less than 8 feet apart = 34,000 pounds; gross weight for doubles 90
feet or less in length = 90,000 pounds; gross weight for doubles over
90 feet but less than 112 feet in length = 127,400 pounds.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement, be over 26 years of age, in good health, and
shall have not less than 5 years of experience driving tractor-trailer
or tractor-short double trailer motor vehicles. Such driving experience
shall include experience throughout the four seasons. Drivers must
comply with the applicable current requirements of the Federal Motor
Carrier Safety Regulations, Federal Hazardous Materials Regulations,
and the Economic and Safety regulations of the Ohio Public Utility
Commission.
VEHICLE: Vehicles being operated under permit at night must be
equipped with all lights and reflectors required by the Ohio Public
Utilities Commission and the Federal Motor Carrier Safety Regulations,
except that the trailer shall be equipped with two red tail lights and
two red or amber stop lights mounted with one set on each side. Trailer
and semitrailer length for doubles cannot exceed 48 feet, and mixed
trailer length combinations are not allowed for combination vehicles
over 90 feet in length. Combined cargo-carrying length, including the
trailer hitch, cannot be less than 80 feet or more than 102 feet. The
number of axles on a double shall be a minimum of five and a maximum of
nine. A tractor used in the operation of a double shall be capable of
hauling the maximum weight at a speed of not less than 40 miles per
hour on all portions of the Turnpike.
PERMIT: A special permit is required if the vehicle is over 102
inches wide, 14 feet high, or 65 feet in length including overhang.
Tractor-semitrailer-semitrailer combinations require a permit if over
75 feet in length, excluding an allowed 3-foot front overhang and a 4-
foot rear overhang. For vehicles over 120 inches wide, 14 feet high, or
80 feet long or if any unit of the combination vehicle is over 60 feet
in length, travel is restricted to daylight hours Monday through noon
Saturday, except holidays and the day before and after holidays.
Operators are restricted to daylight driving if the load overhang is
more than 4 feet. A ``Long Double Trailer Permit'' issued by the OTC is
required for operation of doubles in excess of 90 feet in length.
Towing units and coupling devices shall have sufficient structural
strength to ensure safe operation. Vehicles and coupling devices shall
be so designed, constructed, and installed in a double as to ensure
that any towed vehicles when traveling on a level, smooth paved surface
will follow in the path of the towing vehicle without shifting or
swerving more than 3 inches to either side of the path of the towing
vehicle when the latter is moving in a straight line. Vehicle coupling
devices and brakes shall meet the requirements of the Ohio Public
Utilities Commission and Federal Motor Carrier Safety Regulations. The
distance between the rearmost axle of a semitrailer and the front axle
of the next semitrailer in a coupled double unit shall not exceed 12
feet 6 inches. In no event shall the distance between the semitrailers
coupled in a double exceed 9 feet. Double and triple trailer
combinations must be equipped with adequate, properly maintained spray-
suppressant mud flaps on all axles except the steering axle. In the
event that the gross weights of the trailers vary by more than 20
percent, they shall be coupled according to their gross weights with
the heavier trailer forward. A minimum distance of 500 feet shall be
maintained between double units and/or triple units except when
overtaking and passing another vehicle. A double shall remain in the
right-hand, outside lane except when passing or when emergency or work-
zone conditions exist. When, in the opinion of the OTC, the weather
conditions are such that operation of a double is inadvisable, the OTC
will notify the permittee that travel is prohibited for a certain
period of time.
Class A and B explosives; Class A poisons; and Class 1, 2, and 3
radioactive material cannot be transported in double trailer
combinations. Other hazardous materials may be transported in one
trailer of a double. The hazardous materials should be placed in the
front trailer unless doing so will result in the second trailer
weighing more than the first trailer.
ACCESS: Tandem trailer units shall not leave the Turnpike right-of-
way and shall be assembled and disassembled only in designated areas
located at Exits 4, 7, 10, 11, 13, 14, and 16.
Routes
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-76 Ohio Turnpike..... Turnpike Exit 15....... Pennsylvania.
I-80 Ohio Turnpike..... Turnpike Exit 8A....... Turnpike Exit 15.
I-80/90 Ohio Turnpike.. Indiana................ Turnpike Exit 8A.
------------------------------------------------------------------------
LEGAL CITATIONS: Statutory authority, as contained in Chapter 5537
of the Ohio Revised Code, to regulate the dimensions and weights of
vehicles using the Turnpike.
STATE: OHIO
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 115,000 pounds
OPERATIONAL CONDITIONS: Same as the OH-TT2 combination, except as
follows:
WEIGHT: Gross weight for triples with an overall length greater
than 90 feet but not over 105 feet in length = 115,000 pounds.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement, be over 26 years of age, in good health, and
shall have not less than 5 years of experience driving double trailer
combination units. Such driving experience shall include experience
throughout the four seasons. Each driver must have special training on
triple combinations to be provided by the Permittee.
VEHICLE: Triple trailer combination vehicles are allowed to operate
on the Turnpike provided the combination vehicle is at least 90 feet
long but less than 105 feet long and each trailer is not more than 28.5
feet in length. The minimum number of axles on the triple shall be
seven and the maximum is nine.
PERMIT: A triple trailer permit to operate on the Turnpike is
required for triple trailer combinations in excess of 90 feet in
length. There is an annual fee for the permit. Class A and B
explosives; Class A poisons; and Class 1, 2, and 3 radioactive material
cannot be transported in triple trailer combinations. Other hazardous
materials may be transported in two trailers of a triple. The hazardous
materials should be placed in the front two trailers unless doing so
will result in the third trailer weighing more than either one of the
lead trailers.
ACCESS: With two exceptions, triple trailer units shall not leave
the Turnpike right-of-way and shall be assembled and disassembled only
in designated areas located at Exits 4, 7, 10, 11, 13, 14, and 16. The
first exception is that triple trailer combinations are allowed on
State Route 21 from I-80 Exit 11 (Ohio Turnpike) to a terminal located
approximately 500 feet to the north in the town of Richfield. The
second exception is for a segment of State Route 7 from Ohio Turnpike
Exit 16 to 1 mile south.
Routes
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-76 Ohio Turnpike..... Turnpike Exit 15....... Pennsylvania.
I-80 Ohio Turnpike..... Turnpike Exit 8A....... Turnpike Exit 15.
I-80/90 Ohio Turnpike.. Indiana................ Turnpike Exit 8A.
OH-7................... Turnpike Exit 16....... Extending 1 mile
south.
------------------------------------------------------------------------
LEGAL CITATIONS: Same as the OH-TT2 combination.
STATE: OKLAHOMA
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 110 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 90,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Single axle = 20,000 pounds; tandem axle = 34,000 pounds;
gross vehicle weight = 90,000 pounds. The total weight on any group of
two or more consecutive axles shall not exceed the amounts shown in
Table 1.
Table 1.--Oklahoma Allowable Axle Group Weight
------------------------------------------------------------------------
Maximum load (lbs) by axle group
Axle Spacing (ft) --------------------------------------------
2 Axles 3 Axles 4 Axles 5 Axles 6 Axles
------------------------------------------------------------------------
4.......................... 34,000 ....... ....... ....... .......
5.......................... 34,000 ....... ....... ....... .......
6.......................... 34,000 ....... ....... ....... .......
7.......................... 34,000 ....... ....... ....... .......
8.......................... 34,000 42,000 ....... ....... .......
9.......................... 39,000 42,500 ....... ....... .......
10......................... 40,000 43,500 ....... ....... .......
11......................... ....... 44,000 ....... ....... .......
12......................... ....... 45,000 50,000 ....... .......
13......................... ....... 45,500 50,500 ....... .......
14......................... ....... 46,500 51,500 ....... .......
15......................... ....... 47,000 52,000 ....... .......
16......................... ....... 48,000 52,500 58,000 .......
17......................... ....... 48,500 53,500 58,500 .......
18......................... ....... 49,500 54,000 59,000 .......
19......................... ....... 50,000 54,500 60,000 .......
20......................... ....... 51,000 55,500 60,500 66,000
21......................... ....... 51,500 56,000 61,000 66,500
22......................... ....... 52,500 56,500 61,500 67,000
23......................... ....... 53,000 57,500 62,500 68,000
24......................... ....... 54,000 58,000 63,000 68,500
25......................... ....... 54,500 58,500 63,500 69,000
26......................... ....... 56,000 59,500 64,000 69,500
27......................... ....... 57,500 60,000 65,000 70,000
28......................... ....... 59,000 60,500 65,500 71,000
29......................... ....... 60,500 61,500 66,000 71,500
30......................... ....... 62,000 62,000 66,500 72,000
31......................... ....... 63,500 63,500 67,000 72,500
32......................... ....... 64,000 64,000 68,000 73,500
33......................... ....... ....... 64,500 68,500 74,000
34......................... ....... ....... 65,000 69,000 74,500
35......................... ....... ....... 66,000 70,000 75,000
36......................... ....... ....... 68,000 70,500 75,500
37......................... ....... ....... 68,000 71,000 76,000
38......................... ....... ....... 69,000 72,000 77,000
39......................... ....... ....... 70,000 72,500 77,500
40......................... ....... ....... 71,000 73,000 78,000
41......................... ....... ....... 72,000 73,500 78,500
42......................... ....... ....... 73,000 74,000 79,000
43......................... ....... ....... 73,280 75,000 80,000
44......................... ....... ....... 73,280 75,500 80,500
45......................... ....... ....... 73,280 76,000 81,000
46......................... ....... ....... 73,280 76,500 81,500
47......................... ....... ....... 73,500 77,500 82,000
48......................... ....... ....... 74,000 78,000 82,000
49......................... ....... ....... 74,500 78,500 83,500
50......................... ....... ....... 75,500 79,000 84,000
51......................... ....... ....... 76,000 80,000 84,500
52......................... ....... ....... 76,500 80,500 85,000
53......................... ....... ....... 77,500 81,000 86,000
54......................... ....... ....... 78,000 81,500 86,500
55......................... ....... ....... 78,500 82,500 87,000
56......................... ....... ....... 79,500 83,000 87,500
57......................... ....... ....... 80,000 83,500 88,000
58......................... ....... ....... ....... 84,000 89,000
59......................... ....... ....... ....... 85,000 89,500
60......................... ....... ....... ....... 85,500 90,000
------------------------------------------------------------------------
DRIVER: All drivers must have a commercial driver's license with
the appropriate endorsement and must meet the requirements of the
Federal Motor Carrier Safety Regulations (49 CFR parts 390-397). State
requirements more stringent and not in conflict with Federal
requirements take precedence.
VEHICLE: All vehicles must meet the requirements of applicable
Federal and State statutes, rules, and regulations. Vehicle and load
shall not exceed 102 inches in width on the Interstate System and four-
lane divided highways. Maximum semitrailer length is 59.5 feet.
Multiple trailer combinations must be stable at all times during
braking and normal operation. A multiple trailer combination when
traveling on a level, smooth paved surface must follow in the path of
the towing vehicle without shifting or swerving more than 3 inches to
either side when the towing vehicle is moving in a straight line.
Heavier trailers are to be placed to the front in multiple trailer
combinations.
PERMIT: An annual special authorization permit is required for
tandem trailer vehicles operating on the Interstate System having a
gross weight of more than 80,000 pounds. A fee is charged for the
special authorization permit.
ACCESS: Access is allowed from legally available routes (listed
below) to service facilities and terminals within a 5-mile radius.
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-40 Bus............... I-40 Exit 119.......... US 81 El Reno.
US 60.................. I-35 Exit 214.......... US 177 Ponca City.
US 62.................. US 69 Muskogee......... OK 80 Ft. Gibson.
US 62.................. I-44 Exit 39A Lawton... OK 115 Cache.
US 64.................. I-35 Exit 186 Perry.... US 77 Perry.
US 64.................. I-40 Exit 325 Roland... Arkansas.
US 70.................. OK 76 Wilson........... I-35 Exits 31A-B
Ardmore.
US 77.................. I-35 Exit 141 Edmond... 3.5 mi. W of I-35.
US 81.................. OK 51 Hennessey........ 11.5 mi. N of US 412.
US 169................. OK 51 Tulsa............ OK 20 Collinsville.
US 270................. OK 9 Tecumseh.......... I-40 Exit 181.
US 412................. OK 58 Ringwood......... I-35 Exits 194A-B.
US 412................. US 69 Chouteau......... OK 412 B.
OK 3................... I-44 Exit 123.......... Oklahoma/Canadian
County Line.
OK 7................... I-44 Exits 36A-B....... OK 65 Pumpkin Center.
OK 7................... I-35 Exit 55........... US 177 Sulphur.
OK 7................... South intersection US 7.5 mi. E of US 81.
81 Duncan.
OK 9................... I-35 Exit 108A......... US 77 Norman.
OK 11.................. I-35 Exit 222.......... US 177 Blackwell.
OK 33.................. US 77 Guthrie.......... I-35 Exit 157 Guthrie.
OK 51.................. I-35 Exit 174.......... US 177 Stillwater.
OK 165................. US 64/Bus. US 64 Muskogee Tpk.
Muskogee.
------------------------------------------------------------------------
ROUTES: Doubles with 29-foot trailers may use any route on the NN.
Doubles which include a grandfathered 59.5-foot semitrailer or trailer
are limited to Interstate and four-lane divided highways as shown
below:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-35................... Texas.................. Kansas.
I-40................... Texas.................. Arkansas.
I-44................... Texas.................. Missouri.
I-235.................. Entire length in
Oklahoma City.
I-240.................. Entire length in
Oklahoma City.
I-244.................. Entire length in Tulsa.
I-444.................. Entire length in Tulsa.
US 64.................. Cimarron Turnpike...... I-244/Tulsa.
US 69.................. Texas.................. I-44 (Will Rogers
Tpk.) Exit 282.
US 75.................. I-40 Exits 240A-B I-244 Exit 2 Tulsa.
Henryetta.
US 75.................. I-44 Exits 6A-B Tulsa.. Dewey.
US 81.................. I-44 (Bailey Tpk.) Exit South Intersection OK
80. 7 Duncan.
US 270................. Indian Nation Tpk. Exit US 69 McAlester.
4.
US 271................. Texas.................. Indian Nation Tpk.
Hugo.
US 412................. I-44 Exit 241 Catoosa.. US 69.
OK 3A.................. OK 3 Oklahoma City..... I-44 Exit 125B
Oklahoma City.
OK 11 Tulsa............ US 75 Tulsa............ I-244 Exit 12B.
OK 51.................. I-44 Exit 231 Tulsa.... Muskogee Tpk. Broken
Arrow.
OK 165................. Connecting two sections
of the Muskogee
Turnpike at Muskogee.
Cimarron Tpk........... I-35 Exit 194.......... US 64.
Cimarron Tpk. Conn..... US 177 Stillwater...... Cimarron Tpk.
Indian Nation Turnpike. US 70/271 Hugo......... I-40 Exits 240A-B
Henryetta.
Muskogee Tpk........... OK 51 Broken Arrow..... US 62/OK 165 Muskogee.
Muskogee Tpk........... OK 165 Muskogee........ I-40 Exit 286 Webber's
Falls.
------------------------------------------------------------------------
LEGAL CITATIONS:
Title 47 1981 O.S. 14-101
Title 47 1990 O.S. 14-103, -109, and -116
DPS Size and Weight Permit Manual 595:30.
STATE: OKLAHOMA
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 90,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT and ACCESS: Same as the OK-TT2 combination.
DRIVER: Same as the OK-TT2 combination except that in addition, a
driver of a three trailing unit combination must have had at least 2
years of experience driving tractor-trailer combinations.
VEHICLE: All vehicles must meet the requirements of applicable
Federal and State statutes, rules, and regulations. Vehicle and load
shall not exceed 102 inches in width on the Interstate System and other
four-lane divided highways. Maximum unit length of triple trailers is
29 feet. Truck tractors pulling triple trailers must have sufficient
horsepower to maintain a minimum speed of 40 miles per hour on the
level and 20 miles per hour on grades under normal operation
conditions. Heavy-duty fifth wheels, pick-up plates equal in strength
to the fifth wheel, solid kingpins, no-slack hitch connections, mud
flaps and splash guards, and full-width axles are required on triple
trailer combinations. All braking systems must comply with State and
Federal requirements.
Multiple trailer combinations must be stable at all times during
braking and normal operation. A multiple trailer combination when
traveling on a level, smooth paved surface must follow in the path of
the towing vehicle without shifting or swerving more than 3 inches to
either side when the towing vehicle is moving in a straight line.
Heavier trailers are to be placed to the front in multiple trailer
combinations.
PERMIT: An annual special authorization permit is required for
triple trailer combination vehicles operating on the Interstate System
having a gross weight of more than 80,000 pounds. A special vehicle
combination permit is required for the operation of triple trailers on
the Interstate System and on other four-lane divided primary highways.
The permit holder must certify that the driver of a triple trailer
combination is qualified. Operators of triples must maintain a 500-foot
following distance and must drive in the right lane except when passing
or in an emergency.
Speed shall be reduced and extreme caution exercised when operating
triples under hazardous conditions such as those caused by snow, wind,
ice, sleet, fog, mist, rain, dust, or smoke. When conditions become
sufficiently dangerous as determined by the company or driver,
operations shall be discontinued and shall not resume until the vehicle
can be safely operated. The State may restrict or prohibit operations
during periods when, in the State's judgment, traffic, weather, or
other safety conditions make such operations unsafe or inadvisable.
Class A and B explosives; Class A poisons; and Class 1, 2, and 3
radioactive material or any other material deemed to be unduly
hazardous by the U.S. DOT cannot be transported in triple trailer
combinations.
Permit movements are limited to travel from one-half hour before
sunrise to one-half hour after sunset, 7 days a week except on
specified holidays, beginning at noon the day preceding the holiday.
Specified holidays are: New Year's Day, Memorial Day, Independence Day,
Thanksgiving Day, and Christmas Day.
A fee is charged for both the special authorization and triple
trailer combination permits.
ROUTES: Same as the OK-TT2 combination.
LEGAL CITATIONS:
Title 47 1981 O.S. 14-101
Title 47 1990 O.S. 14-109, -116, -121
DPS Size and Weight Permit Manual 595:30.
STATE: OREGON
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 68 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 105,500 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Maximum allowable weights are as follows: single wheel--
10,000 pounds, single axle--20,000 pounds, tandem axle--34,000 pounds.
Gross vehicle weights over 80,000 pounds must follow the Oregon
extended weight table, with a maximum of 105,500 pounds. Weight is also
limited to 600 pounds per inch of tire width.
EXTENDED WEIGHT TABLE
Gross weights over 80,000 pounds are authorized only when operating
under the authority of a Special Transportation Permit.
MAXIMUM ALLOWABLE WEIGHTS
1. The maximum allowable weights for single axles and tandem axles
shall not exceed those specified under ORS 818.010.
2. The maximum allowable weight for groups of axles spaced at 46
feet or less apart shall not exceed those specified under ORS 818.010.
3. The maximum weights for groups of axles spaced at 47 feet or
more and the gross combined weight for any combination of vehicles
shall not exceed those set forth in the following table:
------------------------------------------------------------------------
Maximum gross weight in pounds on
---------------------------------------
Axle spacing in feet 8 or
5 Axles 6 Axles 7 Axles More
axles
------------------------------------------------------------------------
47.............................. 77,500 81,000 81,000 81,000
48.............................. 78,000 82,000 82,000 82,000
49.............................. 78,500 83,000 83,000 83,000
50.............................. 79,000 84,000 84,000 84,000
51.............................. 80,000 84,500 85,000 85,000
52.............................. 80,500 85,000 86,000 86,000
53.............................. 81,000 86,000 87,000 87,000
54.............................. 81,500 86,500 88,000 91,000
55.............................. 82,500 87,000 89,000 92,000
56.............................. 83,000 87,500 90,000 93,000
57.............................. 83,500 88,000 91,000 94,000
58.............................. 84,000 89,000 92,000 95,000
59.............................. 85,000 89,500 93,000 96,000
60.............................. 85,500 90,000 94,000 97,000
61.............................. 86,000 90,500 95,000 98,000
62.............................. 87,000 91,000 96,000 99,000
63.............................. 87,500 92,000 97,000 100,000
64.............................. 88,000 92,500 97,500 101,000
65.............................. 88,500 93,000 98,000 102,000
66.............................. 89,000 93,500 98,500 103,000
67.............................. 90,000 94,000 99,000 104,000
68.............................. 90,000 95,000 99,500 105,000
69.............................. 90,000 95,500 100,000 105,500
70.............................. 90,000 96,000 101,000 105,500
71.............................. 90,000 96,500 101,500 105,000
72.............................. 90,000 96,500 102,000 105,500
73.............................. 90,000 96,500 102,500 105,500
74.............................. 90,000 96,500 103,000 105,500
75.............................. 90,000 96,500 104,000 105,500
76.............................. 90,000 96,500 104,500 105,500
77.............................. 90,000 96,500 105,000 105,500
78.............................. 90,000 96,500 105,500 105,500
------------------------------------------------------------------------
Distance measured to nearest foot; when exactly one-half foot, take
next larger number.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: For a combination which includes a truck tractor and two
trailing units, the lead trailing unit (semitrailer) may be up to 40
feet long. The second trailing unit may be up to 35 feet long. However,
the primary control is the total cargo-carrying distance which has a
maximum length of 68 feet. Any towed vehicles in a combination must be
equipped with safety chains or cables to prevent the towbar from
dropping to the ground in the event the coupling fails. The chains or
cables must have sufficient strength to control the towed vehicle in
the event the coupling device fails and must be attached with no more
slack than necessary to permit proper turning. However, this
requirement does not apply to a fifth-wheel coupling if the upper and
lower halves of the fifth wheel must be manually released before they
can be separated.
PERMIT: A permit is required for operation if the gross combination
weight exceeds 80,000 pounds. A fee is charged. Permitted movements
must have the lighter trailing unit placed to the rear, and use splash
and spray devices when operating in rainy weather. Movement is not
allowed when road surfaces are hazardous due to ice or snow, or when
other atmospheric conditions make travel unsafe.
ACCESS: As allowed by the Oregon DOT.
ROUTES: All NN routes.
LEGAL CITATIONS: ORS 810.010, ORS 810.030 through 810.060, and ORS
818.010 through 818.235.
STATE: OREGON
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 96 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 105,500 pounds
OPERATIONAL CONDITIONS:
WEIGHT, DRIVER, PERMIT, and ACCESS: Same as the OR-TT2 combination.
VEHICLE: Trailing units must be of equal length. The overall length
of the combination is limited to 105 feet. Any towed vehicles in a
combination must be equipped with safety chains or cables to prevent
the towbar from dropping to the ground in the event the coupling fails.
The chains or cables must have sufficient strength to control the towed
vehicle in the event the coupling device fails and must be attached
with no more slack than necessary to permit proper turning. However,
this requirement does not apply to a fifth-wheel coupling if the upper
and lower halves of the fifth wheel must be manually released before
they can be separated.
ROUTES: The following NN routes are also open to truck tractor and
three trailing unit combinations.
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-5.................... California............. Washington.
I-105.................. Entire length in the
Eugene-Springfield
area.
I-205.................. Jct. I-5............... Washington.
I-405.................. Entire length in
Portland.
I-82................... Washington............. Jct. I-84.
I-84................... Jct. I-5............... Idaho.
US 20.................. Jct OR 22/OR 126....... US 26 Vale Santiam
Junction.
US 20.................. East Jct OR 99E Albany. I-5 Exit 233.
US 26.................. US 101 Cannon Beach OR 126 Prineville.
Junction.
US 20/26............... Vale................... Idaho.
US 30.................. US 101 Astoria......... I-405 Exit 3 Portland.
US 95.................. Nevada................. Idaho.
SPUR US 95............. OR 201................. Idaho.
US 97.................. California............. Washington.
US 101................. US 30 Astoria.......... US 26 Cannon Beach
Jct.
US 101................. OR 18 Otis............. US 20 Newport.
US 101................. Bandon................. North city limit Coos
Bay.
US 197................. I-84 Exit 87 The Dalles Washington.
US 395................. I-82 Exit 1 Umatilla... I-84 Exit 188
Stanfield.
US 395................. US 26 John Day......... OR 140 Lakeview.
US 730................. I-84 Exit 168.......... Washington.
OR 6................... US 101 Tillamook....... US 26 near Banks.
OR 8................... OR 47 Forest Grove..... OR 217 Beaverton.
OR 11.................. Washington............. Mission Cutoff near
Pendleton.
OR 18.................. US 101 Otis............ OR 99W Dayton.
OR 19.................. I-84 Exit 137.......... South 2.5 miles.
OR 22.................. OR 18 near Willamena... OR 99E Salem.
OR 22.................. I-5 Exit 253........... Jct US 20/OR 126
Santiam Jct.
OR 31.................. US 97 La Pine.......... US 395 Valley Falls.
OR 34.................. Jct US 20/OR 99W I-5 Exit 228.
Corvallis.
OR 35.................. I-84 Exit 64........... Mt. Hood Hood River.
OR 39.................. OR 140 East of Klamath California.
Falls.
OR 58.................. I-5 Exit 188 Goshen.... US 97 near Chemult.
OR 62.................. OR 99 Medford.......... OR 140 White City.
OR 78.................. Jct US 20/ US 395 Burns US 95 Burns Junction.
OR 99.................. I-5 Exit 58 Grants Pass I-5 Exit 48 Rogue
River.
OR 99.................. I-5 Exit 192 Eugene.... Jct OR 99E/ OR 99W
Junction City.
OR 99E................. I-5 Exit 307 Portland.. I-205 Exit 9 Oregon
City.
OR 99E................. I-5 Exit 233 Albany.... Tangent.
OR 99E................. OR 228 Halsey.......... Harrisburg.
OR 99W................. Jct US 20/OR 34 I-5 Exit 294 Portland.
Corvallis.
OR 126................. US 20 Sisters.......... US 26 Prineville.
OR 138................. I-5 Exit 136 Sutherlin. East 2 miles.
OR 140................. OR 62 White City....... Jct US 97/OR 66
Klamath Falls.
OR 201................. Jct US 20/US 26........ SPUR US 95 Cairo
Junction.
OR 207................. I-84 Exit 182.......... OR 74 Lexington.
OR 207/OR 74........... Jct OR 207/OR 74 Jct OR 207/ OR 74/OR
Lexington. 206 Heppner.
OR 212................. I-205 Exit 12.......... US 26 Boring.
OR 214................. I-5 Exit 271 Woodburn.. OR 99E Woodburn.
OR 217................. I-5 Exit 292 Tigard.... US 26 Beaverton.
OR 224................. OR 99E Milwaukie....... I-205 Exit 13.
------------------------------------------------------------------------
LEGAL CITATIONS: Same as the OR-TT2 combination.
STATE: SOUTH DAKOTA
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF CARGO-CARRYING UNITS: 100 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 129,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: For all combinations, the maximum gross weight on two or
more consecutive axles is limited by the Federal Bridge Formula but
cannot exceed 129,000 pounds. The weight on single axles or tandem
axles spaced 40 inches or less apart may not exceed 20,000 pounds.
Tandem axles spaced more than 40 inches but 96 inches or less may not
exceed 34,000 pounds. Two consecutive sets of tandem axles may carry a
gross load of 34,000 pounds each, provided the overall distance between
the first and last axles of the tandems is 36 feet or more. The weight
on the steering axle may not exceed 600 pounds per inch of tire width.
For combinations with a cargo-carrying length greater than 81.5
feet the following additional regulations also apply. The weight on all
axles (other than the steering axle) may not exceed 500 pounds per inch
of tire width. Lift axles and belly axles are not considered load-
carrying axles and will not count when determining allowable vehicle
weight.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: For all combinations, a semitrailer or trailer may neither
be longer than nor weigh 3,000 pounds more than the trailer located
immediately in front of it. Towbars longer than 19 feet must be flagged
during daylight hours and lighted at night.
For combinations with a cargo-carrying length of 81.5 feet or less,
neither trailer may exceed 45 feet, including load overhang. Vehicles
may be 12 feet wide when hauling baled feed during daylight hours.
For combinations with a cargo-carrying length over 81.5 feet long,
neither trailer may exceed 48 feet, including load overhang. Loading
the rear of the trailer heavier than the front is not allowed. All
axles except the steering axle require dual tires. Axles spaced 8 feet
or less apart must weigh within 500 pounds of each other. The trailer
hitch offset may not exceed 6 feet. The maximum effective rear trailer
overhang may not exceed 35 percent of the trailer's wheelbase. The
power unit must have sufficient power to maintain 40 miles per hour. A
``LONG LOAD'' sign measuring 18 inches high by 7 feet long with black
on yellow lettering 10 inches high is required on the rear. Offtracking
is limited to 8.75 feet for a turning radius of 161 feet.
Offtracking Formula = 61-(161\2\-L1\2\--
L2\2\+L3\2\-L4\2\-L5\2\+L6\2\-L7\2\-L8
\2\) \1\/\2\.
Note: L1 through L8 are measurements between points of
articulation or vehicle pivot points. Squared dimensions to stinger
steer points of articulation are negative. For two trailing unit
combinations where at least one trailer is 45 feet long or longer,
all the dimensions used to calculate offtracking must be written in
the ``Permit Restriction'' area of the permit along with the
offtracking value derived from the calculation.
PERMIT: For combinations with a cargo-carrying length of 81.5 feet
or less, a single-trip permit is required for movement on the
Interstate System if the gross vehicle weight exceeds 80,000 pounds. An
annual or single-trip permit is required for hauling baled feed over
102 inches wide.
For combinations with a cargo-carrying length greater than 81.5
feet, a single-trip permit is required for all movements. Operations
must be discontinued when roads are slippery due to moisture,
visibility must be good, and wind conditions must not cause trailer
whip or sway.
For all combinations, a fee is charged for any permit.
ACCESS: For combinations with a cargo-carrying length of 81.5 feet
or less, access is Statewide off the NN unless restricted by the South
Dakota DOT.
For combinations with a cargo-carrying length greater than 81.5
feet, access to operating routes must be approved by the South Dakota
DOT.
ROUTES: Combinations with a cargo-carrying length of 81.5 feet or
less may use all NN routes. Combinations with a cargo-carrying length
over 81.5 feet, are restricted to the Interstate System and:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
US 14.................. W. Jct. US 14 Bypass So. Jct. US 14 and US
and US 14 Brookings. 281.
Bypass US 14........... I-29 Exit 133 Brookings W. Jct. US 14 Bypass
and US 14 Brookings.
US 85.................. I-90 Exit 10 Spearfish. North Dakota.
US 281................. I-90 Exit 310.......... So. Jct. US 14 and US
281.
US 281................. 8th Ave. Aberdeen...... North Dakota.
SD 50.................. Burleigh Street Yankton I-29 Exit 26.
------------------------------------------------------------------------
LEGAL CITATIONS: SDCL 32-22-8.1, -38, -39, -41, -42, and -52; and
Administrative Rules 70:03:01:37, :47, :48, and :60 through :70.
STATE: SOUTH DAKOTA
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF CARGO-CARRYING UNITS: 100 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 129,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT, DRIVER, PERMIT, and ACCESS: Same as the SD-TT2 combination.
VEHICLE: Same as the SD-TT2 combination, except trailer lengths are
limited to 28.5 feet, including load overhang, and the overall length
cannot exceed 110 feet, including load overhang.
ROUTES: Same as the SD-TT2 combination with a cargo-carrying length
over 81.5 feet.
LEGAL CITATIONS: SDCL 32-22-14.14, -38, -39, -42, and -52; and
Administrative Rules 70:03:01:60 through :70.
STATE: SOUTH DAKOTA
COMBINATION: Truck-Trailer
LENGTH OF CARGO-CARRYING UNITS: 73 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, and PERMIT: Same as the SD-TT2 combination.
VEHICLE: Same as the SD-TT2 combination except that in addition,
the overall length including load overhang is limited to 80 feet.
Trailer length is not limited.
ACCESS: Same as the access provisions for the SD-TT2 combination
with a cargo-carrying length of 81.5 feet or less.
ROUTES: Same as the route provisions for the SD-TT2 combination
with a cargo-carrying length of 81.5 feet or less.
LEGAL CITATIONS: SDCL 32-22-8.1, -38, -39, -41, -42, and -52; and
Administrative Rules 70:03:01:37, :47, and :48.
STATE: SOUTH DAKOTA
COMBINATION: Truck-Trailer
LENGTH OF CARGO-CARRYING UNITS: 78 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, and PERMIT: Same as the SD-TT2 combination.
VEHICLE: Same as the SD-TT2 combination with a cargo-carrying
length over 81.5 feet, except that in addition, the overall length is
limited to 85 feet.
ACCESS: Same as the access provisions for the SD-TT2 combination
with a cargo-carrying length greater than 81.5 feet.
ROUTES: Same as the route provisions for the SD-TT2 combination
with a cargo-carrying length greater than 81.5 feet.
LEGAL CITATIONS: SDCL 32-22-38, -39, -42, and -52; and
Administrative Rules 70:03:01:60 through :70.
STATE: UTAH
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 129,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Weight limits are as follows:
Single axle: 20,000 pounds
Tandem axle: 34,000 pounds
Gross weight: 129,000 pounds
Vehicles must comply with the Federal Bridge Formula
Tire loading on vehicles requiring an overweight or oversize permit
shall not exceed 500 pounds per inch of tire width for tires 11 inches
wide and greater, and 450 pounds per inch of tire width for tires less
than 11 inches wide as designated by the tire manufacturer on the side
wall of the tire. Tire loading on vehicles not requiring an overweight
or oversize permit shall not exceed 600 pounds per inch of tire width
as designated by the tire manufacturer on the sidewall.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement. Carriers must certify that their drivers have
a safe driving record and have passed a road test administered by a
qualified safety supervisor.
VEHICLE: While in transit, no trailer shall be positioned ahead of
another trailer which carries an appreciably heavier load. An empty
trailer shall not precede a loaded trailer. Vehicles shall be powered
to operate on level terrain at speeds compatible with other traffic.
They must be able to maintain a minimum speed of 20 miles per hour
under normal operating conditions on any grade of 5 percent or less
over which the combination is operated and be able to resume a speed of
20 miles per hour after stopping on any such grade, except in extreme
weather conditions.
Oversize signs are required on vehicles in excess of 75 feet in
length on two-lane highways.
A heavy-duty fifth wheel is required. All fifth wheels must be
clean and lubricated with a light-duty grease prior to each trip. The
fifth wheel must be located in a position which provides adequate
stability. Pick-up plates must be of equal strength to the fifth wheel.
The kingpin must be of a solid type and permanently fastened. Screw-out
or folding-type kingpins are prohibited.
All hitch connections must be of a no-slack type, preferably a
power-actuated ram. Air-actuated hitches which are isolated from the
primary air transmission system are recommended.
The drawbar length should be the practical minimum consistent with
the clearances required between trailers for turning and backing
maneuvers.
Axles must be those designed for the width of the body.
All braking systems must comply with State and Federal
requirements. In addition, fast air transmission and release valves
must be provided on all semitrailer and converter-dolly axles. A brake
force limiting valve, sometimes called a ``slippery road'' valve, may
be provided on the steering axle. Anti-sail type mud flaps are
recommended.
The use of single tires on any combination vehicle requiring an
overweight or oversize permit shall not be allowed on single axles. A
single axle is defined as one having more than 8 feet between it and
the nearest axle or group of axles on the vehicle.
When traveling on a level, smooth paved surface, the trailing units
must follow in the path of the towing vehicle without shifting or
swerving more than 3 inches to either side when the towing vehicle is
moving in a straight line. Each combination shall maintain a minimum
distance of 500 feet from another commercial vehicle traveling in the
same direction on the same highway. Loads shall be securely fastened to
the transporter with material and devices of sufficient strength to
prevent the load from becoming loose, detached, dangerously displaced,
or in any manner a hazard to other highway users. The components of the
load shall be reinforced or bound securely in advance of travel to
prevent debris from being blown off the unit and endangering the safety
of the traveling public. Any debris from the special permit vehicle
deposited on the highway shall be removed by the permittee.
Bodily injury and property damage insurance is required before a
special Transportation Permit will be issued.
In the event any claim arises against the State of Utah, Utah
Department of Transportation, Utah Highway Patrol, or their employees
from the operation granted under the permit, the permittee shall agree
to indemnify and hold harmless each of them from such claim.
PERMIT: Permits must be purchased. The Utah DOT Motor Carrier
Safety Division will, on submission of an LCV permit request, assign an
investigator to perform an audit on the carrier, which must have an
established safety program that is in compliance with the Federal Motor
Carrier Safety Regulations (49 CFR parts 387-399), the Federal
Hazardous Materials Regulations (49 CFR parts 171-178), and a
``Satisfactory'' safety rating. The request must show a travel plan for
the operation of the vehicles. Permits are subject to Highway Patrol
supervision and permitted vehicles may be subject to temporary delays
or removed from the highways when necessary during hazardous road,
weather, or traffic conditions. The permit will be cancelled without
refund if violated. Expiration dates cannot be extended except for
reasons beyond the control of the permittee, including adverse weather.
Permits are void if defaced, modified, or obliterated. Lost or
destroyed permits cannot be duplicated and are not transferable.
ACCESS: Routes approved by the Utah DOT plus local delivery
destination travel on two-lane roads. ROUTES: All NN routes, except
that, in addition, truck tractor and two trailing unit combinations
with a cargo-carrying length of more than 85 feet are restricted to:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
I-15................... Arizona................ Idaho.
I-70................... Jct. I-15.............. Colorado.
I-80................... Nevada................. Wyoming.
I-84................... Idaho.................. Jct. I-80.
I-215.................. Entire length in the ......................
Salt Lake City area.
UT-201................. I-80 Exit 102 Lake 300 West Street Salt
Point Jct. Lake City.
------------------------------------------------------------------------
LEGAL CITATIONS:
Utah Code 27-12-154 and -155; Utah Administrative Code, Section R-909-
1.
STATE: UTAH
COMBINATION: Truck tractor and 3 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 95 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 129,000 pounds
OPERATIONAL CONDITIONS: Same as the UT-TT2 combination.
ROUTES: Same as the UT-TT2 combination with a cargo-carrying length
greater than 85 feet.
LEGAL CITATIONS: Same as the UT-TT2 combination.
STATE: UTAH
COMBINATION: Truck-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 88 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, VEHICLE, PERMIT, and ACCESS: Same as the UT-TT2
combination.
ROUTES: All truck-trailers with a cargo-carrying length of 70 feet
or less, and truck-trailers used in hauling bulk gasoline or LP gas
with a cargo-carrying length of 78 feet or less, may use all NN routes.
Truck-trailers with a cargo-carrying length over 70 feet but not over
78 feet, and those used in hauling bulk gasoline or LP gas with a
cargo-carrying length over 78 feet but not over 88 feet, are restricted
to the same routes listed for the UT-TT2 combination with a cargo-
carrying length greater than 85 feet.
LEGAL CITATIONS: Same as the UT-TT2 combination.
STATE: UTAH
COMBINATION: Truck-trailer-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 88 feet
OPERATIONAL CONDITIONS: Same as the Utah truck-trailer combination.
ROUTES: Same as the UT-TT2 combination with a cargo-carrying length
greater than 85 feet.
LEGAL CITATIONS: Same as the UT-TT2 combination.
STATE: UTAH
COMBINATION: Automobile transporter
LENGTH OF THE CARGO-CARRYING UNITS: 105 feet
OPERATIONAL CONDITIONS:
WEIGHT, DRIVER, PERMIT, and ACCESS: Same as the Utah truck-trailer
combination.
VEHICLE: The cargo-carrying length of automobile transporters that
carry vehicles on the power unit is the same as the overall length.
ROUTES: Automobile transporters with a cargo-carrying length of 92
feet or less may use all NN routes. Automobile transporters with a
cargo-carrying length over 92 but not more than 105 feet are restricted
to the routes listed for the UT-TT2 combination with a cargo-carrying
length greater than 85 feet.
LEGAL CITATIONS: Same as the UT-TT2 combination.
STATE: WASHINGTON
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 68 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 105,500 pounds
OPERATIONAL CONDITIONS:
WEIGHT: Single axle limit=20,000 pounds; tandem axle limit=34,000
pounds; gross weight must comply with the Federal Bridge Formula.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: Operating conditions are the same for permitted doubles as
for STAA of 1982 doubles.
PERMIT: Combinations with a cargo-carrying length over 60 feet in
length but not exceeding 68 feet must obtain an annual overlength
permit to operate. A fee is charged.
ACCESS: All State routes except SR 410 and SR 123 in or adjacent to
Mt. Rainier National Park. In addition, restrictions may be imposed by
local governments having maintenance responsibilities for local
highways.
ROUTES: All NN routes except SR 410 and SR 123 in the vicinity of
Mt. Rainier National Park.
LEGAL CITATIONS:
RCW 46.37, 46.44.030, .037(3), .041, and .0941.
STATE: WASHINGTON
COMBINATION: Truck-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 68 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, PERMIT, and ACCESS: Same as the WA-TT2 combination.
VEHICLE: Overall length limited to 75 feet.
ROUTES: Same as the WA-TT2 combination.
LEGAL CITATIONS: Same as the WA-TT2 combination.
STATE: WYOMING
COMBINATION: Truck tractor and 2 trailing units--LCV
LENGTH OF THE CARGO-CARRYING UNITS: 81 feet
MAXIMUM ALLOWABLE GROSS WEIGHT: 117,000 pounds
OPERATIONAL CONDITIONS:
WEIGHT: No single axle shall carry a load in excess of 20,000
pounds. No tandem axle shall carry a load in excess of 36,000 pounds.
No triple axle, consisting of three consecutive load-bearing axles that
articulate from an attachment to the vehicle including a connecting
mechanism to equalize the load between axles having a spacing between
the first and third axle of at least 96 inches and not more than 108
inches, shall carry a load in excess of 42,500 pounds. No vehicles
operated on the Interstate System shall exceed the maximum weight
allowed by application of Federal Bridge Weight Formula B.
No wheel shall carry a load in excess of 10,000 pounds. No tire on
a steering axle shall carry a load in excess of 750 pounds per inch of
tire width and no other tire on a vehicle shall carry a load in excess
of 600 pounds per inch of tire width. ``Tire width'' means the width
stamped on the tire by the manufacturer.
Dummy axles may not be considered in the determination of allowable
weights.
DRIVER: The driver must have a commercial driver's license with the
appropriate endorsement.
VEHICLE: The lead semitrailer can be up to 48 feet long with the
trailing unit up to 40 feet long. In a truck tractor-semitrailer-
trailer combination, the heavier towed vehicle shall be directly behind
the truck-tractor and the lighter towed vehicle shall be last if the
weight difference between consecutive towed vehicles exceeds 5,000
pounds.
PERMITS: No permits required.
ACCESS: Unlimited access off the NN to terminals.
ROUTES: All NN routes.
LEGAL CITATIONS:
WS 31-5-1001, -1002, -1004, -1008, and WS 31-17-1-1 through 31-17-117.
STATE: WYOMING
COMBINATION: Truck-trailer
LENGTH OF THE CARGO-CARRYING UNITS: 78 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, PERMIT, and ACCESS: Same as the WY-TT2 combination.
VEHICLE: No single vehicle shall exceed 60 feet in length within an
overall limit of 85 feet.
ROUTES: Same as the WY-TT2 combination.
LEGAL CITATIONS:
WS 31-5-1002
STATE: WYOMING
COMBINATION: Automobile/Boat Transporter
LENGTH OF CARGO CARRYING UNITS: 85 feet
OPERATIONAL CONDITIONS:
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, PERMIT, and ACCESS: Same as the WY-TT2 combination.
VEHICLE: The cargo-carrying length of automobile transporters that
carry vehicles on the power unit is the same as the overall length. No
single vehicle shall exceed 60 feet in length within an overall limit
of 85 feet.
ROUTES: Same as the WY-TT2 combination.
LEGAL CITATIONS: Same as the WY-TT2 combination.
STATE: WYOMING
COMBINATION: Saddlemount Combination
LENGTH OF CARGO CARRYING UNITS: 85 feet
WEIGHT: This combination must operate in compliance with State laws
and regulations. Because it is not an LCV, it is not subject to the
ISTEA freeze as it applies to maximum weight.
DRIVER, PERMIT, and ACCESS: Same as the WY-TT2 combination.
VEHICLE: The cargo-carrying length of saddlemount combinations that
carry vehicles on the power unit is the same as the overall length. No
single vehicle shall exceed 60 feet in length within an overall limit
of 85 feet.
No more than three saddlemounts may be used in any combination,
except additional vehicles may be transported when safely loaded upon
the frame of a vehicle in a properly assembled saddlemount combination.
Towed vehicles in a triple saddlemount combination shall have
brakes acting on all wheels which are in contact with the roadway.
All applicable State and Federal rules on coupling devices shall be
observed and complied with.
ROUTES: Same as the WY-TT2 combination.
LEGAL CITATIONS: Same as the WY-TT2 combination.
[FR Doc. 94-13774 Filed 6-10-94; 8:45 am]
BILLING CODE 4910-22-P