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LegalText 23 U.S.C. § 141 Enforcement of requirements us united_states_code code_section 23 HIGHWAYS 1 FEDERAL-AID HIGHWAYS 141 23 U.S.C. § 141 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip /us/usc/t23/s141 data/legal/raw/us/code/title-23/usc23.xml 0a8de7acc0dc79e1c4ad1cc5af3d5614dd4bfe5a1a382bce96c0c7a548fb8dc2 e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe 10b3c0e4c50c6c8bfa362f9cb6f83d93a39bc82354020fd7823178b17df48de1 2026-07-04 official
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23 U.S.C. § 141 - Enforcement of requirements

Text

(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 7 percent of the amount which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b).

(3) If within one year from the date that the apportionment for any State is reduced in accordance with paragraph (2) of this subsection the Secretary determines that such State is enforcing all State laws respecting maximum size and weights, the apportionment of such State shall be increased by an amount equal to such reduction. If the Secretary does not make such a determination within such one-year period, the amounts so withheld shall be reapportioned to all other eligible States.

(c) The Secretary shall reduce the States apportionment of Federal-aid highway funds under section 104(b)(1) in an amount up to 8 percent of the amount to be apportioned in any fiscal year beginning after 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)(1) and shall be available in the same manner and to the same extent as other Interstate funds apportioned at the same time to other States.

(Added Pub. L. 93643, § 107(a), Jan. 4, 1975, 88 Stat. 2284; amended Pub. L. 95599, title I, § 123(d), Nov. 6, 1978, 92 Stat. 2702; Pub. L. 97424, title I, § 143, Jan. 6, 1983, 96 Stat. 2129; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102240, title I, § 1023(c), Dec. 18, 1991, 105 Stat. 1954; Pub. L. 103429, § 3(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 10459, title II, § 205(d)(1)(A), Nov. 28, 1995, 109 Stat. 577; Pub. L. 105178, title I, § 1103(l)(3)(C), June 9, 1998, 112 Stat. 126; Pub. L. 112141, div. A, title I, § 1404(c), (d), July 6, 2012, 126 Stat. 558; Pub. L. 11494, div. A, title I, § 1104(e)(5), Dec. 4, 2015, 129 Stat. 1332.)

Notes

Editorial Notes

References in TextSection 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 ProvisionsA prior section 141, Pub. L. 90495, § 35(a), Aug. 23, 1968, 82 Stat. 836, related to real property acquisition policies, prior to repeal by Pub. L. 91646, 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.

Amendments2015—Subsec. (b)(2). Pub. L. 11494 substituted “paragraphs (1) through (6) of section 104(b)” for “paragraphs (1) through (5) of section 104(b)”. 2012—Subsec. (b)(2). Pub. L. 112141, § 1404(c), substituted “7 percent” for “10 per centum” and “paragraphs (1) through (5) of section 104(b)” for “section 104 of this title”. Subsec. (c). Pub. L. 112141, § 1404(d), substituted “section 104(b)(1)” for “section 104(b)(4)” in two places and substituted “8 percent” for “25 per centum”. 1998—Subsec. (c). Pub. L. 105178 substituted “section 104(b)(4)” for “section 104(b)(5) of this title” in two places. 1995—Pub. L. 10459 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. 103429 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. 102240 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. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1983—Subsec. (d). Pub. L. 97424 added subsec. (d). 1978—Pub. L. 95599 designated existing provisions as subsecs. (a) and (b) and added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date of 1995 AmendmentPub. L. 10459, 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 AmendmentAmendment by Pub. L. 102240 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. 102240, set out as a note under section 104 of this title.

Effective Date of 1978 AmendmentPub. L. 95599, 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 Pub. L. 96106, § 12, Nov. 9, 1979, 93 Stat. 798.

Enforcement of Vehicle Weight LimitationsPub. L. 95599, title I, § 123(a)(c), Nov. 6, 1978, 92 Stat. 2701, as amended by Pub. L. 10017, 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. “(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. 95599, set out above, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 135 of House Document No. 1037.]