DOT 23 CFR PART 657-2011 CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT.pdf

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1、284 23 CFR Ch. I (4111 Edition) 656.7 (5) Signing of and modifications to existing facilities to provide pref-erential parking for carpools inside or outside the central business district. Eligible costs may include trail blaz-ers, on-site signs designating highway interchange areas or other existin

2、g publicly or privately owned facilities as preferential parking for carpool par-ticipants, and initial or renewal costs for leasing parking space or acquisition or easements or restrictions, as, for ex-ample, at shopping centers and public or private parking facilities. The lease or acquisition cos

3、t may be computed on the demonstrated reduction in the overall number of vehicles using the designated portion of a commercial fa-cility, but not on a reduction of the per-vehicle user charge for parking. (6) Construction of carpool parking facilities outside the central business district. Eligible

4、costs may include ac-quisition of land and normal construc-tion activities, including installation of lighting and fencing, trail blazers, on-site signing, and passenger shelters. Such facilities need not be located in conjunction with any existing or planned mass transportation service, but should

5、be designed so that the fa-cility could accommodate mass trans-portation in the event such service may be developed. Except for the re-quirement of the availability of mass/ public transportation facilities, fringe parking construction under this sec-tion shall be subject to the provisions of 23 CFR

6、 part 810.106. (7) Reasonable public information and promotion expenses, including per-sonnel costs, incurred in connection with any of the other eligible items mentioned herein. 656.7 Determination of an exception. (a) The FHWA has determined under provisions of 23 U.S.C. 146(b) that an exceptional

7、 situation exists in regard to the funding of carpools so as to allow the State to contribute as its share of the non-Federal match essen-tial project-related work and services performed by local agencies and pri-vate organizations when approved and authorized in accordance with regular Federal-aid

8、procedures. The cost of such work must be properly valued, supportable and verifiable in order for inclusion as an eligible project cost. Examples of such contributed work and services include: public service an-nouncements, computer services, and project-related staff time for adminis-tration by em

9、ployees of public and pri-vate organizations. (b) This determination is based on: (1) The nature of carpool projects to provide a variety of services to the public; (2) the fact that carpool projects are labor intensive and require professional and specialized technical skills; (3) the extensive use

10、 of joint public and private endeavors; and (4) the fact that project costs involve the acquisition of capital equipment as op-posed to construction of fixed items. (c) This exception is limited to car-pool projects and therefore is not appli-cable to other Federal-aid projects. The exception does n

11、ot affect or re-place the standard Federal-aid funding procedures or real property acquisition procedures and requirements, part 712, The Acquisition Function. PART 657CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT Sec. 657.1 Purpose. 657.3 Definitions. 657.5 Policy. 657.7 Objective. 657.9 Formulation

12、 of a plan for enforce-ment. 657.11 Evaluation of operations. 657.13 Certification requirement. 657.15 Certification content. 657.17 Certification submittal. 657.19 Effect of failure to certify or to en-force State laws adequately. 657.21 Procedure for reduction of funds. APPENDIX TO PART 657GUIDELI

13、NES TO BE USED IN DEVELOPING ENFORCEMENT PLANS AND CERTIFICATION EVALUATION AUTHORITY: 23 U.S.C. 127, 141 and 315; 49 U.S.C. 31111, 31113 and 31114; sec. 1023, Pub. L. 102240, 105 Stat. 1914; and 49 CFR 1.48(b)(19), (b)(23), (c)(1) and (c)(19). SOURCE: 45 FR 52368, Aug. 7, 1980; 62 FR 62261, Nov. 21

14、, 1997, unless otherwise noted. NOTE: The recordkeeping requirements contained in this part have been approved by the Office of Management and Budget under control number 21250034. 657.1 Purpose. To prescribe requirements for admin-istering a program of vehicle size and VerDate Mar2010 09:39 May 11,

15、 2011 Jkt 223076 PO 00000 Frm 00294 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-285 Federal Highway Administration, DOT 657.9 weight enforcement on the Interstate System,

16、 and those routes which, prior to October 1, 1991, were designated as part of the Federal-aid primary, Fed-eral-aid secondary, or Federal-aid urban systems, including the required annual certification by the State. 72 FR 7747, Feb. 20, 2007 657.3 Definitions. Unless otherwise specified in this part,

17、 the definitions in 23 U.S.C. 101(a) are applicable to this part. As used in this part: Enforcing or Enforcement means all actions by the State to obtain compli-ance with size and weight requirements by all vehicles operating on the Inter-state System and those roads which, prior to October 1, 1991,

18、 were des-ignated as part of the Federal-aid Pri-mary, Federal-aid Secondary, or Fed-eral-aid Urban Systems. Urbanized area means an area with a population of 50,000 or more. 72 FR 7747, Feb. 20, 2007 657.5 Policy. Federal Highway Administration (FHWA) policy is that each State en-force vehicle size

19、 and weight laws to assure that violations are discouraged and that vehicles traversing the high-way system do not exceed the limits specified by law. These size and weight limits are based upon design specifica-tions and safety considerations, and enforcement shall be developed and maintained both

20、to prevent premature deterioration of the highway pavement and structures and to provide a safe driving environment. 657.7 Objective. The objective of this regulation is the development and operation by each State of an enforcement process which identifies vehicles of excessive size and weight and p

21、rovides a systematic ap-proach to eliminate violations and thus improve conditions. 657.9 Formulation of a plan for en-forcement. (a) Each State shall develop a plan for the maintenance of an effective en-forcement process. The plan shall de-scribe the procedures, resources, and facilities which the

22、 State intends to devote to the enforcement of its vehi-cle size and weight laws. Each State plan must be accepted by the FHWA and will then serve as a basis by which the annual certification of enforcement will be judged for adequacy. (b) The plan shall discuss the fol-lowing subjects: (1) Faciliti

23、es and resources. (i) No pro-gram shall be approved which does not utilize a combination of at least two of the following listed devices to deter evasion of size and weight measure-ment in sufficient quantity to cover the FA system: fixed platform scales; portable wheel weigher scales; semiportable

24、or ramp scales; WIM equipment. (ii) Staff assigned to the program, identified by specific agency. Where more than one State agency has weight enforcement responsibility, the lead agency should be indicated. (2) Practices and procedures. (i) Pro-posed plan of operation, including geo-graphical covera

25、ge and hours of oper-ation in general terms. (ii) Policy and practices with respect to overweight violators, including off- loading requirements for divisible loads. In those States in which off- loading is mandatory by law, an ad-ministrative variance from the legal requirement shall be fully expla

26、ined. In those States in which off-loading is permissive administrative guidelines shall be included. (iii) Policy and practices with respect to penalties, including those for re-peated violations. Administrative di-rectives, booklets or other written cri-teria shall be made part of the plan submiss

27、ion. (iv) Policy and practices with respect to special permits for overweight. Ad-ministrative directives, booklets or other written criteria shall be made part of the plan submission. (3) Updating. Modification and/or ad-ditions to the plan based on experience and new developments in the enforce-me

28、nt program. It is recognized that the plan is not static and that changes may be required to meet changing needs. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00295 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction

29、or networking permitted without license from IHS-,-,-286 23 CFR Ch. I (4111 Edition) 657.11 657.11 Evaluation of operations. (a) The State shall submit its en-forcement plan or annual update to the FHWA Division Office by July 1 of each year. However, if a States legislative or budgetary cycle is no

30、t 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 sub-mit or update a plan will result in the State being unable to certify in accord-ance with 657.13 fo

31、r the period to be covered by the plan. (b) The FHWA shall review the States 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 in the plan itself or in its im-p

32、lementation. Copies of the evaluation reports and subsequent modifications resulting from the evaluation shall be forwarded to the FHWAs Office of Op-erations. 59 FR 30418, June 13, 1994, as amended at 72 FR 7747, Feb. 20, 2007 657.13 Certification requirement. Each State shall certify to the Fed-er

33、al Highway Administrator, before January 1 of each year, that it is en-forcing all State laws respecting max-imum vehicle size and weight per-mitted on what, prior to October 1, 1991, were the Federal-aid Primary, Secondary, and Urban Systems, includ-ing the Interstate System, in accord-ance with 23

34、 U.S.C. 127. The States must also certify that they are enforc-ing and complying with the ISTEA freeze on the use of LCVs 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

35、of each year. 59 FR 30418, June 13, 1994 657.15 Certification content. The certification shall consist of the following elements and each element shall be addressed even though the re-sponse is negative: (a) A statement by the Governor of the State, or an official designated by the Governor, that th

36、e States 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 wh

37、ich, prior to October 1, 1991, were designated as part of the Federal-aid Primary, Urban, and Secondary Sys-tems, and that the State is enforcing and complying with the provisions of 23 U.S.C. 127(d) and 49 U.S.C. 31112. Urban-ized areas not subject to State jurisdic-tion shall be identified. The st

38、atement shall include an analysis of enforce-ment efforts in such areas. (c) Except for Alaska and Puerto Rico, the certifying statements re-quired 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

39、) in (c)(2), or include paragraph (c)(3) of this section): I, (name of certifying official), (position title), of the State of lllllll do hereby cer-tify: (1) That all State laws and regula-tions governing vehicle size and weight are being enforced on those highways which, prior to October 1, 1991,

40、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. 31112); and (3) That all State laws governing

41、 ve-hicle 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

42、) A copy of any State law or regula-tion pertaining to vehicle sizes and weights adopted since the States last certification and an analysis of the changes made. (f) A report of State size and weight enforcement efforts during the period VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 002

43、96 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-287 Federal Highway Administration, DOT 657.21 covered by the certification which ad-dresses the following: (1) Actual oper

44、ations as compared with those forecast by the plan sub-mitted earlier, with particular atten-tion 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 activi

45、ty(i) Vehicles weighed. Separate totals shall be re-ported for the annual number of vehi-cles weighed on fixed scales, on semiportable scales, on portable scales, and on WIM when used for enforce-ment. (ii) Penalties. Penalties reported shall include the number of citations or civil assessments issu

46、ed for violations of each of the following: Axle, gross and bridge formula weight limits. The num-ber of vehicles whose loads are either shifted or offloaded must also be re-ported. (iii) Permits. The number of permits issued for overweight loads shall be re-ported. The reported numbers shall specif

47、y permits for divisible and non-divisible loads and whether issued on a trip or annual basis. 59 FR 30418, June 13, 1994, as amended at 62 FR 10181, Mar. 5, 1997; 72 FR 7747, Feb. 20, 2007 657.17 Certification submittal. (a) The Governor, or an official des-ignated by the Governor, shall submit the

48、certification to the FHWA division office prior to January 1 of each year. (b) The FHWA division office shall forward the original certification to the FHWAs Office of Operations and one copy to the Office of Chief Counsel. Copies of appropriate evaluations and/ or comments shall accompany any trans

49、mittal. 72 FR 7747, Feb. 20, 2007 657.19 Effect of failure to certify or to enforce State laws adequately. If a State fails to certify as required by this regulation or if the Secretary determines that a State is not ade-quately enforcing all State laws re-specting maximum vehicle sizes and weights on the Interstate System and those routes which, prior to October 1, 1991, were designated as part of the Federal-aid primary, Federal-aid sec-ondar