§ 141. — Enforcement of requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC141]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 141. Enforcement of requirements
(a) Each State shall certify to the Secretary before January 1 of
each year that it is enforcing all State laws respecting maximum vehicle
size and weights permitted on the Federal-aid primary system, the
Federal-aid urban system, and the Federal-aid secondary system,
including the Interstate System in accordance with section 127 of this
title. Each State shall also certify that it is enforcing and complying
with the provisions of section 127(d) of this title and section 31112 of
title 49.
(b)(1) Each State shall submit to the Secretary such information as
the Secretary shall, by regulation, require as necessary, in his
opinion, to verify the certification of such State under subsection (b)
of this section.
(2) If a State fails to certify as required by subsection (b) of
this section or if the Secretary determines that a State is not
adequately enforcing all State laws respecting such maximum vehicle size
and weights, notwithstanding such a certification, then Federal-aid
highway funds apportioned to such State for such fiscal year shall be
reduced by amounts equal to 10 per centum of the amount which would
otherwise be apportioned to such State under section 104 of this title.
(3) If within one year from the date that the apportionment for any
State is reduced in accordance with paragraph (2) of this subsection the
Secretary determines that such State is enforcing all State laws
respecting maximum size and weights, the apportionment of such State
shall be increased by an amount equal to such reduction. If the
Secretary does not make such a determination within such one-year
period, the amounts so withheld shall be reapportioned to all other
eligible States.
(c) The Secretary shall reduce the State's apportionment of Federal-
aid highway funds under section 104(b)(4) in an amount up to 25 per
centum of the amount to be apportioned in any fiscal year beginning
after September 30, 1984, during which heavy vehicles, subject to the
use tax imposed by section 4481 of the Internal Revenue Code of 1986,
may be lawfully registered in the State without having presented proof
of payment, in such form as may be prescribed by the Secretary of the
Treasury, of the use tax imposed by section 4481 of such Code. Amounts
withheld from apportionment to a State under this subsection shall be
apportioned to the other States pursuant to the formulas of section
104(b)(4) and shall be available in the same manner and to the same
extent as other Interstate funds apportioned at the same time to other
States.
(Added Pub. L. 93-643, Sec. 107(a), Jan. 4, 1975, 88 Stat. 2284; amended
Pub. L. 95-599, title I, Sec. 123(d), Nov. 6, 1978, 92 Stat. 2702; Pub.
L. 97-424, title I, Sec. 143, Jan. 6, 1983, 96 Stat. 2129; Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102-240, title I,
Sec. 1023(c), Dec. 18, 1991, 105 Stat. 1954; Pub. L. 103-429, Sec. 3(7),
Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104-59, title II,
Sec. 205(d)(1)(A), Nov. 28, 1995, 109 Stat. 577; Pub. L. 105-178, title
I, Sec. 1103(l)(3)(C), June 9, 1998, 112 Stat. 126.)
References in Text
Section 4481 of the Internal Revenue Code of 1986, referred to in
subsec. (c), is classified to section 4481 of Title 26, Internal Revenue
Code.
Prior Provisions
A prior section 141, Pub. L. 90-495, Sec. 35(a), Aug. 23, 1968, 82
Stat. 836, related to real property acquisition policies, prior to
repeal by Pub. L. 91-646, title III, Sec. 306, Jan. 2, 1971, 84 Stat.
1907, such repeal becoming effective as to all States after July 1,
1972, the date on which sections 4630 and 4655 of Title 42, The Public
Health and Welfare, covering similar subject matter, became applicable
to all States.
Amendments
1998--Subsec. (c). Pub. L. 105-178 substituted ``section 104(b)(4)''
for ``section 104(b)(5) of this title'' in two places.
1995--Pub. L. 104-59 redesignated subsecs. (b) to (d) as (a) to (c),
respectively, and struck out former subsec. (a) which read as follows:
``Each State shall certify to the Secretary before January 1 of each
year that it is enforcing all speed limits on public highways in
accordance with section 154 of this title. The Secretary shall not
approve any project under section 106 of this title in any State which
has failed to certify in accordance with this subsection.''
1994--Subsec. (b). Pub. L. 103-429 substituted ``section 31112 of
title 49'' for ``section 411(j) of the Surface Transportation Assistance
Act of 1982 (49 U.S.C. App. 2311(j))''.
1991--Subsec. (b). Pub. L. 102-240 inserted at end ``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)).''
1986--Subsec. (d). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954''.
1983--Subsec. (d). Pub. L. 97-424 added subsec. (d).
1978--Pub. L. 95-599 designated existing provisions as subsecs. (a)
and (b) and added subsec. (c).
Effective Date of 1995 Amendment
Section 205(d)(3) of Pub. L. 104-59 provided that: ``The amendments
made by paragraph (1) [amending this section and repealing section 154
of this title] shall be applicable to a State on the 10th day following
the date of the enactment of this Act [Nov. 28, 1995]; except that if
the legislature of a State is not in session on such date of enactment
and the chief executive officer of the State declares, before such 10th
day, that the legislature is not in session and that the State prefers
an applicability date for such amendments that is after the date on
which the legislature will convene, such amendments shall be applicable
to the State on the 60th day following the date on which the legislature
next convenes.''
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable
to funds authorized to be appropriated or made available after Sept. 30,
1991, and, with certain exceptions, not applicable to funds appropriated
or made available on or before Sept. 30, 1991, see section 1100 of Pub.
L. 102-240, set out as a note under section 104 of this title.
Effective Date of 1978 Amendment
Section 123(e) of Pub. L. 95-599 provided that subsec. (c)(2) and
(3) of this section be applicable to certifications required by this
section to be filed on or after Jan. 1, 1980, prior to repeal by Pub. L.
96-106, Sec. 12, Nov. 9, 1979, 93 Stat. 798.
Enforcement of Vehicle Weight Limitations
Section 123(a)-(c) of Pub. L. 95-599, as amended by Pub. L. 100-17,
title I, Sec. 133(c)(4), Apr. 2, 1987, 101 Stat. 173, provided that:
``(a) Not later than the one-hundred-eightieth day after the date of
enactment of this section [Nov. 6, 1978], the Secretary of
Transportation, hereunder referred to as the `Secretary', in
consultation with each State shall inventory the existing system of
penalties for violations of vehicle weight laws, rules, and regulations
on any portion of any Federal-aid system in such State. Each State shall
annually thereafter report to the Secretary its current inventory.
``(b)(1) Not later than the one-hundred-eightieth day after the date
of enactment of this section [Nov. 6, 1978], the Secretary, in
consultation with each State, shall inventory the existing system in
such State for the issuance of special permits. Each State shall
annually thereafter report to the Secretary its current inventory.
``(2) For purposes of this subsection, the term `special permit'
means a license or permit issued pursuant to State law, rule, or
regulation which authorizes a vehicle to exceed the weight limitation
for such vehicle established under State law, rule, or regulation.
``(c) Not later than January 1 of the second calendar year which
begins after the date of enactment of this section [Nov. 6, 1978] and
each calendar year thereafter the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Public Works and Transportation [now Committee on
Transportation and Infrastructure] of the House of Representatives an
annual report together with such recommendations as the Secretary deems
necessary on (1) the latest annual inventory of State systems of
penalties required by subsection (a) of this section; (2) the latest
annual inventory of State systems for the issuance of special permits
required by subsection (b) of this section; (3) the annual certification
submitted by each State required by section 141(b) of title 23, United
States Code.''
[For termination, effective May 15, 2000, of reporting provisions in
section 123(c) of Pub. L. 95-599, set out above, see section 3003 of
Pub. L. 104-66, as amended, set out as a note under section 1113 of
Title 31, Money and Finance, and page 135 of House Document No. 103-7.]
