PolicyBrief
S. 2108
119th CongressJun 18th 2025
VARIANCE Act
IN COMMITTEE

The VARIANCE Act allows commercial trucks carrying defined dry bulk goods to exceed standard single-axle weight limits by up to 110 percent of the federal maximum.

Pete Ricketts
R

Pete Ricketts

Senator

NE

LEGISLATION

VARIANCE Act Allows 10% Higher Truck Axle Weights for Bulk Goods: Efficiency Boost vs. Road Damage Trade-Off

The VARIANCE Act, short for the Vehicle Axle Redistribution Increases Allow New Capacities for Efficiency Act, takes aim at the federal rules governing how much weight commercial trucks can put on the road. Specifically, Section 2 of this bill changes the math for trucks hauling "dry bulk goods"—think grain, certain construction materials, or other homogeneous, unpackaged, non-liquid cargo carried in specialized trailers.

The Axle Weight Bump

Under current federal law, there are strict limits on how much weight can rest on any single axle or group of axles of a commercial truck. This bill keeps the overall maximum weight limit for the entire vehicle in place, but it allows the weight on individual axles to climb up to 110 percent of the standard maximum specified in federal code (Section 127 of title 23, U.S. Code). This 10 percent bump is intended to make hauling dry bulk goods more efficient, allowing trucks to maximize their capacity within the overall weight limit. For the trucking companies and the industries that ship these commodities—like agriculture or mining—this means potentially fewer trips to move the same amount of material, which translates directly to lower operational costs.

The Trade-Off: Efficiency vs. Infrastructure

This is where the rubber meets the road, literally. While the bill offers a clear efficiency gain for shippers, the trade-off is the increased stress on public infrastructure. Axle weight is the primary factor in road and bridge wear and tear; a small increase in weight can lead to a disproportionately large increase in damage. State and local departments of transportation, who are already struggling to maintain aging roads, might face accelerated deterioration of pavement and bridges due to these heavier axle loads. If you drive on state or county roads for your commute or business, you might eventually see the practical effect of this in the form of more potholes and a greater need for costly repairs, which are ultimately funded by taxpayers.

Who Benefits and Who Pays?

The bill is very specific about the cargo—it only applies to "dry bulk goods" that are homogeneous and unpackaged. This limits the scope but provides a clear benefit to companies that specialize in transporting things like sand, gravel, or feed. For example, a farmer or a construction company relying on these deliveries could see slightly lower shipping costs because the carrier can haul more per trip. However, the cost of the increased wear and tear on the infrastructure is essentially passed on to the public through taxes and fees used to fund road maintenance. It’s an exchange: private sector efficiency now, public infrastructure maintenance later. It also creates a potential implementation headache, as the bill specifies the 110% allowance includes any standard enforcement tolerance, which could make roadside enforcement complicated if the existing tolerance isn't standardized or clearly defined.