Dry bulk axle variance makes new $580B highway bill

The newly introduced BUILD America 250 Act, a five-year, $580 billion surface transportation reauthorization bill, includes language that would allow a 10% axle weight variance for haulers of shifting dry bulk materials—a long-time legislative priority for National Tank Truck Carriers.

The provision would enable a variance by increasing the maximum weight allowed on either axle in a tandem-axle trailer to 37,400 lbs., while maintaining the current federal gross vehicle weight limit of 80,000 lbs. NTTC called the measure a “common-sense” solution that reflects the operational realities of transporting dry bulk commodities like feed, grains, and sand, improving operational flexibility for carriers while reducing unnecessary overweight citations.

“The inclusion of dry bulk axle variance language in this legislation is an important step forward for the tank truck industry,” NTTC President and CEO Ryan Streblow said in a news release. “This targeted fix recognizes the unique characteristics of dry bulk transportation and provides practical flexibility for carriers while maintaining the existing federal gross vehicle weight limit.

“NTTC appreciates Chairman [Sam] Graves, Ranking Member [Rick] Larsen, and [House Transportation and Infrastructure Committee] leaders for including this longstanding industry priority in the bill.”

American Trucking Associations echoed NTTC’s assessment of the inclusion of the bipartisan VARIANCE Act, which Sens. Pete Ricketts (R-Neb.) and Adam Schiff (D-Calif.) first unveiled last summer, calling it a common-sense approach that accounts for load distribution changes when a vehicle brakes or accelerates. The measure now is part of Section 1302 of the 1,000-page BUILD America 250 Act, which also amends weight limits for emergency, heavy-duty tow and recovery, and hydrogen vehicles.

The bill next is scheduled for markup as Congress works toward completing a long-term surface transportation reauthorization package before the current authorization expires on Sept. 30. “Since last January, ATA has testified multiple times on Capitol Hill and met with key lawmakers on both sides of the aisle to lay the groundwork for the surface transportation bill,” said Chris Spear, ATA president and CEO.

“We are pleased to see that many of the trucking industry’s priorities have been included in the base text.”

Moving America forward

Beyond the axle variance provision, the BUILD America 250 Act—short for Building Unrivaled Infrastructure and Long-term Development for America’s 250th Act—includes numerous other investments and policy reforms impacting the transportation sector, such as expanded freight infrastructure programs, bridge funding, truck parking investments, highway safety initiatives, rail safety improvements, and the establishment of a federal framework for autonomous commercial motor vehicles.

The legislation also includes measures intended to strengthen the Highway Trust Fund and improve the efficiency of transportation project delivery nationwide. Total allocations through fiscal year 2031 include $5 billion for the Federal Motor Carrier Safety Administration, $5.7 billion for the National Highway Traffic Safety Administration, and $376 billion for the Federal Highway Administration.

“I believe the BUILD America 250 Act is the most important surface transportation bill since President Eisenhower built the interstate highway system,” Graves said. “Like the America 250 celebration this year, this bill is not simply about honoring our past—it’s about moving forward and building upon the legacy of our nation’s infrastructure. I’m extremely proud of the historic level of investment in America’s bridges—at more than $50 billion, it’s the largest such investment in our history. And the BUILD America 250 Act ensures that electric vehicle owners begin paying their fair share for the use of our roads.

“The bill also makes smart and targeted reforms to our surface transportation programs, focuses on strengthening our core infrastructure system, drives innovation, bolsters safety, ensures states have the flexibility they need, and cuts red tape to get projects built faster.”

‘Not a victory lap’

The National Association of Counties, Autonomous Vehicle Industry Association, and American Public Transportation Association (APTA) also indicated support for the BUILD America 250 Act, with APTA calling it “a great first step.” Other organizations, like the Union of Concerned Scientists and Rails to Trails Conservancy (RTC), are less enthusiastic about the bill’s contents.

“While the House T&I Committee’s BUILD America 250 Act doesn’t represent the draconian cuts to active transportation initially threatened, it is not a victory lap,” said Kevin Mills, RTC’s vice president of policy.