LRB-2136/1
TNF:kmg:jf
2003 - 2004 LEGISLATURE
January 14, 2004 - Introduced by Representatives Hubler, Musser, Gronemus,
Petrowski
and Ainsworth. Referred to Committee on Transportation.
AB749,1,3 1An Act to amend 349.16 (3) of the statutes; relating to: exempting certain
2vehicles from special or seasonal weight limitations imposed by local highway
3authorities.
Analysis by the Legislative Reference Bureau
Under current law, local highway authorities may impose special or seasonal
weight limitations on highways under their jurisdiction that, because of
deterioration or climatic conditions, would likely be seriously damaged or destroyed
if such limitations were not imposed. Any special or seasonal weight limitations
imposed by a local highway authority do not apply to any vehicle used to transport
material pumped from a septic or holding tank if, because of health concerns, the
material needs to be removed from the septic or holding tank within 24 hours after
the vehicle owner or operator is notified and the vehicle is operated on the most direct
route. The vehicle owner or operator is required to notify the local highway authority
within 72 hours after operating such a vehicle in excess of the special or seasonal
weight limitations. In addition, local highway authorities may exempt or set
different weight limitations for other vehicles carrying certain commodities or being
used to perform certain services if an exemption or limitation is in the interest of
public health, safety, and welfare.
This bill removes the conditions that must be satisfied for a vehicle
transporting material pumped from a septic or holding tank to be exempt from the
special or seasonal weight limitations imposed by a local highway authority. Under
the bill, all vehicles transporting material pumped from a septic or holding tank are

exempt from such limitations. The bill provides that vehicles transporting solid
waste are also exempt from any special seasonal weight limitations imposed by local
highway authorities.
Because this bill concerns an exception to the vehicle weight limits specified in
ch. 348, stats., the Department of Transportation, as required by law, will prepare
a report to be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB749, s. 1 1Section 1. 349.16 (3) of the statutes is amended to read:
AB749,3,32 349.16 (3) The authority in charge of the maintenance of the highway may
3exempt vehicles carrying certain commodities specified by the authority or which are
4used to perform certain services specified by the authority from the special weight
5limitations which are imposed under sub. (1) (a), or may set different weight
6limitations than those imposed under sub. (1) (a) for vehicles carrying those
7commodities or which are used to perform those services, if such exemption or
8limitation is reasonable and necessary to promote the public health, safety and
9welfare. The authority in charge of the maintenance of the highway shall exempt
10from the special or seasonal weight limitations imposed under sub. (1) (a) a vehicle
11that is used to transport solid waste, as defined in s. 281.01 (15), or material pumped
12from a septic or holding tank if, because of health concerns, material needs to be
13removed from a septic or holding tank within 24 hours after the vehicle owner or
14operator is notified and if the vehicle is operated for the purpose of emptying the
15septic or holding tank and disposing of its contents and is operated on a route that
16minimizes travel on highways subject to weight limitations imposed under sub. (1)
17(a). Within 72 hours after operating a vehicle that transported material pumped
18from a septic or holding tank and that exceeded special or seasonal weight

1limitations as authorized by this subsection, the owner or operator of the vehicle
2shall notify the authority in charge of maintenance of the highways over which the
3vehicle was operated
.
AB749, s. 2 4Section 2. Initial applicability.
AB749,3,65 (1) This act first applies to special or seasonal weight limitations imposed on
6the effective date of this subsection.
AB749,3,77 (End)
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