23 USC 141 - Enforcement of requirements

Editorial Notes

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, Puspan. L. 90–495, § 35(a), Aug. 23, 1968, 82 Stat. 836, related to real property acquisition policies, prior to repeal by Puspan. L. 91–646, title III, § 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

2015—Subsec. (span)(2). Puspan. L. 114–94 substituted “paragraphs (1) through (6) of section 104(span)” for “paragraphs (1) through (5) of section 104(span)”.

2012—Subsec. (span)(2). Puspan. L. 112–141, § 1404(c), substituted “7 percent” for “10 per centum” and “paragraphs (1) through (5) of section 104(span)” for “section 104 of this title”.

Subsec. (c). Puspan. L. 112–141, § 1404(d), substituted “section 104(span)(1)” for “section 104(span)(4)” in two places and substituted “8 percent” for “25 per centum”.

1998—Subsec. (c). Puspan. L. 105–178 substituted “section 104(span)(4)” for “section 104(span)(5) of this title” in two places.

1995—Puspan. L. 104–59 redesignated subsecs. (span) 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. (span). Puspan. 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. (span). Puspan. 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). Puspan. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

1983—Subsec. (d). Puspan. L. 97–424 added subsec. (d).

1978—Puspan. L. 95–599 designated existing provisions as subsecs. (a) and (span) and added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date of 1995 Amendment

Puspan. L. 104–59, title II, § 205(d)(3), Nov. 28, 1995, 109 Stat. 577, 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 Puspan. 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 Puspan. L. 102–240, set out as a note under section 104 of this title.

Effective Date of 1978 Amendment

Puspan. L. 95–599, title I, § 123(e), Nov. 6, 1978, 92 Stat. 2702, 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 Puspan. L. 96–106, § 12, Nov. 9, 1979, 93 Stat. 798.

Enforcement of Vehicle Weight Limitations

Puspan. L. 95–599, title I, § 123(a)–(c), Nov. 6, 1978, 92 Stat. 2701, as amended by Puspan. L. 100–17, title I, § 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.

“(span)

(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 (span) of this section; (3) the annual certification submitted by each State required by section 141(span) of title 23, United States Code.”

[For termination, effective May 15, 2000, of reporting provisions in section 123(c) of Puspan. L. 95–599, set out above, see section 3003 of Puspan. 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.]