[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR658.19]

[Page 287-288]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 658_TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS_LENGTH, WIDTH AND 
 
Sec.  658.19  Reasonable access.

    (a) No State may enact or enforce any law denying reasonable access 
to vehicles with dimensions authorized by the STAA between the NN and 
terminals and facilities for food, fuel, repairs, and rest. In addition, 
no State may enact or enforce any law denying reasonable access between 
the NN and points of loading and unloading to household goods carriers, 
motor carriers of passengers, and any truck tractor-semitrailer 
combination in which the semitrailer has a length not to exceed 28 feet 
(28.5 feet where allowed pursuant to Sec.  658.13(b)(5) of this part) 
and which generally operates as part of a vehicle combination described 
in Sec. Sec.  658.13(b)(5) and 658.15(a) of this part.
    (b) All States shall make available to commercial motor vehicle 
operators information regarding their reasonable access provisions to 
and from the National Network.
    (c) Nothing in this section shall be construed as preventing any 
State or local government from imposing any reasonable restriction, 
based on safety considerations, on access to points of loading and 
unloading by any truck tractor-semitrailer combination in which the 
semitrailer has a length not to exceed 28\1/2\ feet and which generally 
operates as part of a vehicle combination described in Sec. Sec.  
658.13(b)(5) and 658.15(a).
    (d) No State may enact or enforce any law denying access within 1 
road-mile from the National Network using the most reasonable and 
practicable route available except for specific safety reasons on 
individual routes.
    (e) Approval of access for specific vehicles on any individual route 
applies to all vehicles of the same type regardless of ownership. 
Distinctions between vehicle types shall be based only on significant, 
substantial differences in their operating characteristics.
    (f) Blanket restrictions on 102-inch wide vehicles may not be 
imposed.
    (g) Vehicle dimension limits shall not be more restrictive than 
Federal requirements.
    (h) States shall ensure compliance with the requirements of this 
section for roads under the jurisdiction of local units of government.
    (i)(1) Except in those States in which State law authorizes the 
operation of STAA-dimensioned vehicles on all public roads and highways, 
all States shall have an access review process that provides for the 
review of requests for access from the National Network.
    (2) State access review processes shall provide for:
    (i) One or more of the following:
    (A) An analysis of the proposed access routes using observations or 
other data obtained from the operation of test vehicles over the routes;
    (B) An analysis of the proposed access routes by application of 
vehicle templates to plans of the routes;
    (C) A general provision for allowing access, without requiring a 
request, for commercial motor vehicles with semitrailers with a kingpin 
distance of 41 feet or less (measured from the kingpin to the center of 
the rear axle, if single, or the center of a group of rear axles). State 
safety analyses may be conducted on individual routes if warranted; and
    (ii) All of the following:
    (A) The denial of access to terminals and services only on the basis 
of safety and engineering analysis of the access route.
    (B) The automatic approval of an access request if not acted upon 
within 90 days of receipt by the State. This provision shall become 
effective no later than 12 months following the effective date of this 
rule unless an extension is requested by the State and approved by FHWA.
    (C) The denial of access for any 102-inch wide vehicles only on the 
basis of the characteristics of specific routes, in particular 
significant deficiencies in lane width.
    (j)(1) Each State shall submit its access provisions to FHWA for 
approval within 6 months after June 1, 1990. In

[[Page 288]]

those States in which State law authorizes the operation of STAA-
dimensioned vehicles on all public roads and highways, no submission or 
approval under this paragraph is required. If, in the future, such a 
State changes its authorizing legislation and restricts the operation of 
STAA-dimensioned vehicles, then compliance with these provisions will be 
necessary.
    (2) The FHWA will review the access provisions as submitted by each 
State subject to the provisions in paragraph (j)(1) and approve those 
that are in compliance with the requirements of this section. The FHWA 
may, at a State's request, approve State provisions that differ from the 
requirements of this section if FHWA determines that they provide 
reasonable access for STAA-dimensioned vehicles and do not impose an 
unreasonable burden on motor freight carriers, shippers and receivers 
and service facility operators.
    (3) Any State that does not have FHWA approved access provisions in 
effect within 1 year after June 1, 1990 shall follow the requirements 
and the criteria set forth in this section and section 658.5 and 658.19 
for determining access for STAA-dimensioned vehicles to terminals and 
services. The FHWA may approve a State's request for a time extension if 
it is received by FHWA at least 1 month before the end of the 1 year 
period.

[53 FR 12149, Apr. 13, 1988, as amended at 55 FR 22763, June 1, 1990; 59 
FR 30420, June 13, 1994]