I 118THCONGRESS 1 STSESSION H. R. 3372 To amend title 23, United States Code, to establish a safety data collection program for certain 6-axle vehicles, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY16, 2023 Mr. J OHNSONof South Dakota (for himself and Mr. COSTA) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to establish a safety data collection program for certain 6-axle vehicles, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SAFETY DATA COLLECTION PROGRAM FOR 3 CERTAIN 6-AXLE VEHICLES. 4 Section 127 of title 23, United States Code, is 5 amended by adding at the end the following: 6 ‘‘(x) P ILOTPROGRAM FORSAFETYDATACOLLEC-7 TION ONCERTAIN6-AXLEVEHICLES.— 8 VerDate Sep 11 2014 00:57 May 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3372.IH H3372 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3372 IH ‘‘(1) GENERAL AUTHORITY .—Not later than 30 1 days after the date of enactment of this subsection, 2 the Secretary shall establish a pilot program (re-3 ferred to in this subsection as the ‘pilot program’) 4 under which States admitted by the Secretary under 5 paragraph (2) may allow covered 6-axle vehicles to 6 be operated on the Interstate System in the State. 7 ‘‘(2) A DMISSION TO PILOT PROGRAM .— 8 ‘‘(A) I NITIAL APPLICATION.—Beginning on 9 the date that is 30 days after the date of enact-10 ment of this subsection, a State seeking to par-11 ticipate in the pilot program shall submit an 12 application to the Secretary in electronic form, 13 containing such administrative information as 14 the Secretary may require, including a certifi-15 cation that the State has or will have the au-16 thority pursuant to State law to implement the 17 pilot program. 18 ‘‘(B) A DMISSION.—The Secretary shall 19 admit to the pilot program, on a rolling basis, 20 States that submit a completed application 21 under subparagraph (A). 22 ‘‘(C) E LECTION TO NO LONGER PARTICI -23 PATE.—If a State elects to no longer partici-24 VerDate Sep 11 2014 00:57 May 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3372.IH H3372 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3372 IH pate in the pilot program, the State shall notify 1 the Secretary of such election. 2 ‘‘(3) M EANS OF IMPLEMENTATION .— 3 ‘‘(A) I N GENERAL.—To be eligible to par-4 ticipate in the pilot program, a State shall 5 agree to implement the pilot program through 6 the issuance of permits per vehicle or group of 7 vehicles with respect to covered 6-axle vehicles. 8 ‘‘(B) P ERMIT.—A permit described in sub-9 paragraph (A) shall— 10 ‘‘(i) describe the Interstate System 11 routes that may be used while operating at 12 greater than 80,000 pounds gross vehicle 13 weight in a covered 6-axle vehicle; and 14 ‘‘(ii) require the permit holder to re-15 port to the State, with respect to each cov-16 ered 6-axle vehicle for which such permit 17 was issued— 18 ‘‘(I) each accident (as such term 19 is defined in section 390.5 of title 49, 20 Code of Federal Regulations, as in ef-21 fect on the date of enactment of this 22 subsection) that occurred in the State 23 involving the covered 6-axle vehicle on 24 the Interstate System in the State; 25 VerDate Sep 11 2014 00:57 May 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3372.IH H3372 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3372 IH ‘‘(II) the estimated gross vehicle 1 weight of each covered 6-axle vehicle 2 at the time of an accident described in 3 subclause (I); and 4 ‘‘(III) the estimated miles trav-5 eled by the covered 6-axle vehicle on 6 the Interstate System in the State an-7 nually. 8 ‘‘(C) S AFETY EQUIPMENT INCENTIVE .— 9 ‘‘(i) F EE REDUCTION.—With respect 10 to any fee associated with a permit under 11 this paragraph, the State may reduce the 12 fee otherwise applicable to a vehicle by 67 13 percent if the vehicle is equipped with an 14 automatic emergency braking system, in-15 cluding such systems in use on the date of 16 enactment of this subsection. 17 ‘‘(ii) G ROUP OF VEHICLES .—As ap-18 plied to a permit for a group of vehicles, 19 the reduction under clause (i) shall only 20 apply with respect to individual vehicles in 21 the group that are equipped with an auto-22 matic emergency breaking system, includ-23 ing such systems in use on the date of en-24 actment of this subsection. 25 VerDate Sep 11 2014 00:57 May 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3372.IH H3372 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3372 IH ‘‘(4) OTHER AUTHORIZATIONS NOT AF -1 FECTED.—This subsection shall not restrict— 2 ‘‘(A) a vehicle that may operate under any 3 other provision of this section or another Fed-4 eral law; or 5 ‘‘(B) a State’s authority with respect to a 6 vehicle that may operate under any other provi-7 sion of this section or another Federal law. 8 ‘‘(5) N O HIGHWAY FUNDING REDUCTION .—Not-9 withstanding subsection (a), funds apportioned to a 10 State under section 104 for any period may not be 11 reduced because the State authorizes the operation 12 of covered 6-axle vehicles within such State in ac-13 cordance with this subsection. 14 ‘‘(6) A NNUAL REPORT .—Not later than the 15 first March 1 after the date of enactment of this 16 subsection, and annually thereafter, a State partici-17 pating in the pilot program shall submit to the Sec-18 retary with respect to the previous calendar year, a 19 report on— 20 ‘‘(A) the number of accidents (as such 21 term is defined in section 390.5 of title 49, 22 Code of Federal Regulations (as in effect on the 23 date of enactment of this subsection)) that oc-24 curred on the Interstate System in the State in-25 VerDate Sep 11 2014 00:57 May 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3372.IH H3372 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3372 IH volving a covered 6-axle vehicle for which a per-1 mit was issued under the pilot program; 2 ‘‘(B) the estimated gross vehicle weight of 3 each such vehicle at the time of the accident in 4 the State described in subparagraph (A); and 5 ‘‘(C) the estimated miles traveled by such 6 vehicle on the Interstate System in the State. 7 ‘‘(7) T ERMINATION OF PILOT PROGRAM .— 8 ‘‘(A) I N GENERAL.—Except as provided in 9 subparagraph (B), the pilot program shall ter-10 minate on the date that is 10 years after the 11 date of enactment of this subsection. 12 ‘‘(B) A DDITIONAL APPLICATION; CONTINU-13 ATION OF AUTHORITY .—For a period of 10 14 years beginning on the date described in sub-15 paragraph (A), the Secretary may continue the 16 pilot program with respect to each State in the 17 program, upon the application of a State and 18 after consideration of— 19 ‘‘(i) the actual experience of the State 20 under the pilot program; and 21 ‘‘(ii) any documents or other material 22 submitted by the State in support of such 23 an application. 24 VerDate Sep 11 2014 00:57 May 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3372.IH H3372 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3372 IH ‘‘(8) COVERED 6-AXLE VEHICLE DEFINED .—In 1 this subsection, the term ‘covered 6-axle vehicle’ 2 means a vehicle— 3 ‘‘(A) equipped with 6 or more axles; 4 ‘‘(B) for which the weight— 5 ‘‘(i) on any single axle of the vehicle 6 does not exceed 20,000 pounds, including 7 enforcement tolerances; 8 ‘‘(ii) on any tandem axle of the vehicle 9 does not exceed 34,000 pounds, including 10 enforcement tolerances; and 11 ‘‘(iii) on any group of three or more 12 axles of the vehicle does not exceed 45,000 13 pounds, including enforcement tolerances; 14 ‘‘(C) for which the gross weight does not 15 exceed the lesser of— 16 ‘‘(i) 91,000 pounds, including enforce-17 ment tolerances; and 18 ‘‘(ii) the maximum permitted by the 19 bridge formula under subsection (a); and 20 ‘‘(D) that is not a longer combination vehi-21 cle, as such term is defined in subsection 22 (d)(4).’’. 23 Æ VerDate Sep 11 2014 00:57 May 31, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H3372.IH H3372 kjohnson on DSK79L0C42PROD with BILLS