[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR657.15]

[Page 249-250]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 657--CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT--Table of Contents
 
Sec. 657.15  Certification content.

    The certification shall consist of the following elements and each 
element shall be addressed even though the response is negative:
    (a) A statement by the Governor of the State, or an official 
designated by the Governor, that the State's 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 which prior to 
October 1, 1991, were designated as part of the Federal-aid Primary, 
Urban, and Secondary Systems, and that the State is enforcing and 
complying with the provisions of 23 U.S.C. 127(d) and 49 U.S.C. 31112 
Urbanized areas not subject to State jurisdiction shall be identified. 
The statement shall include an analysis of enforcement efforts in such 
areas.
    (c) Except for Alaska and Puerto Rico, the certifying statements 
required 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) in (c)(2), or include paragraph (c)(3) of 
this section):

    I, (name of certifying official), (position title), of the State of 
-------------- do hereby certify:

    (1) That all State laws and regulations governing vehicle size and 
weight are being enforced on those highways which, prior to October 1, 
1991, 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 vehicle 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) A copy of any State law or regulation pertaining to vehicle 
sizes and weights adopted since the State's last certification and an 
analysis of the changes made. Those laws and regulations pertaining to 
special permits and penalties shall be specifically identified and 
analyzed in accordance with section 123 of the Surface Transportation 
Assistance Act of 1978 (Pub. L. 95-599).
    (f) A report of State size and weight enforcement efforts during the 
period covered by the certification which addresses the following:
    (1) Actual operations as compared with those forecast by the plan 
submitted earlier, with particular attention 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 activity--(i) Vehicles weighed. Separate totals 
shall be reported for the annual number of vehicles weighed on fixed 
scales, on semiportable scales, on portable scales, and on WIM when used 
for enforcement.

[[Page 250]]

    (ii) Penalties. Penalties reported shall include the number of 
citations or civil assessments issued for violations of each of the 
following: Axle, gross and bridge formula weight limits. The number of 
vehicles whose loads are either shifted or offloaded must also be 
reported.
    (iii) Permits. The number of permits issued for overweight loads 
shall be reported. The reported numbers shall specify permits for 
divisible and nondivisible loads and whether issued on a trip or annual 
basis. Permits issued for excess height, length, or width need not be 
reported except where issued for the overwidth movement of a divisible 
load.

[59 FR 30418, June 13, 1994, as amended at 62 FR 10181, Mar. 5, 1997]