Safety and Professional Services
The statement of scope was approved by the governor on November 8, 2012.
Rule No.
Relating to
Home inspector renewal date.
Rule Type
Permanent. (Revision)
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The objective of this rule is to amend the renewal date in Wis. Admin. Code s.
SPS 132.05 (1).
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The sole purpose of this proposed rule is to alleviate an inconsistency regarding the renewal date for home inspectors. Currently, Wis. Admin. Code s.
SPS 132.05 (1) states the renewal date for home inspectors is January 1, of each odd-numbered year. Wis. Stats. s.
440.08 (2) (a) (38g) states that the renewal date is December 15 of each even-numbered year. The stature is controlling. Therefore, Wis. Admin Code s.
SPS 132.05 (1) should be changed to reflect the correct date. There are no new policies proposed by the rule.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is empowered to promulgate rules interpreting the provision of any statue it enforces or administers pursuant to ss.
227.11 (2) (a) and
440.974 (1), Stats. The department administers s.
440.08 (2) (1), Stats., which establishes the fees and renewal dates for each profession it regulates. As a result, the department is authorized to promulgate the proposed rule.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
250.
List with Description of All Entities that May Be Affected by the Proposed Rule
Individuals that will be affected by the proposed rule include licensed home inspectors and applicants for licensure as home inspectors. Persons and entities employing licensed home inspectors may be impacted as well.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
It is anticipated that the implementation of this rule will have no economic impact on small businesses.
Contact Person
Shawn Leatherwood 608-261-4438.
Transportation
The statement of scope was approved by the governor on November 13, 2012.
Rule No.
Relating to
Single trip and multiple trip permits for oversize or overweight vehicles or loads.
Rule Type
Permanent. (Revisions)
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
The purpose of this rulemaking is to propose modifications to the regulations related to the transportation of oversize loads on Wisconsin highways. It is almost impossible to briefly summarize all the various rules and exceptions to rules governing the transportation of oversize loads. In general, trucks and their loads should be 8' 6" or narrower, 13' 6" or shorter, and less than 75' in length. Length requirements, in particular, are highly variable and range from 45' to 75' depending on the configuration of the truck hauling the load.
If practical, loads that exceed legal dimensions should be divided into manageable loads that meet the size restrictions. If the load consists of commodities that are indivisible, the load must be hauled in one trip. Special permission and precautions must be taken to insure the highway facility and other property is not damaged by the transport. A permitting system coordinates the granting of special permission to transport oversize vehicles and loads.
A. Current Restrictions
Under current law, the Wisconsin Department of
Transportation (WisDOT) and local authorities regulate the time of
day oversize vehicles can operate. Oversize loads can generally travel
on weekdays during daylight hours on
state
highways. Under s.
Trans 254.11, travel
times are restricted to
keep these oversize loads from slowing traffic and reducing safety
during heavy traffic periods.
Travel times were established many years ago and currently restrict the travel time for oversize loads as follows:
• To reduce traffic slowdowns and accidents, and protect public safety during peak tourist travel times, an oversize vehicle/load that is equal to or less than 12 feet in width, 13 1/2 feet in height, and 100 feet in length, may NOT be operated:
o Between 4:00 p.m. and 11:00 p.m. on Sunday;
o Between 4:00 p.m. and 11:00 p.m. on Fridays between the 4th Friday in May and Labor Day.
o Between 4:00 p.m. and 11:00 p.m. on any holiday, or, when Independence Day falls on Sunday, on the following Monday;
o Between 4:00p.m. and 11:00 p.m. on the day before any holiday, except that this restriction does not apply to Independence Day when it falls on a Sunday.
• Because oversize loads are more than one-lane wide, higher than many overhead obstructions such as bridges and wires, too long to easily navigate much of the highway system, and create a greater risk to travelers, an oversize vehicle/load that exceeds 12 feet in width, 13 1/2 feet in height, or 100 feet in length, cannot operate at any of the times listed above, nor may it operate:
o During the hours of darkness;
o During the period beginning at 12:00 noon on the preceding day, and continuing until sunrise on the day following every Sunday and holiday.
• To protect commuter traffic on the Milwaukee County Freeway System, oversize vehicles equal to or Jess than 12 feet in width, 13 1/2 feet in height, and 100 feet in length, may NOT be operated:
o Between 6:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 6:00 p.m. on Monday through Thursday;
o Between 6:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 11:00 p.m. on Fridays and Sundays;
o These Milwaukee restrictions do not apply to U.S. highway 45 between West Florist Avenue and West Hampton Avenue, or on interstate highway 94 between the Waukesha county line and 108th Street.
• Oversize vehicles/loads that
exceed 11
feet in
width, 13
1/2
feet in
height,
or
100 feet in
length, cannot operate on the
Milwaukee County Freeway System at
any time. Section
Trans 254.12 (2). Such loads are
currently transported over non-freeway system routes through the county.
Travel is
permitted on
U.S.
highway 45 between West Florist Avenue and
West Hampton Avenue and on interstate highway 94
between the Waukesha county line and
108
th Street.
Notwithstanding these limitations on when oversize vehicles/loads may travel, a permitting authority, such as WisDOT, may override these time restrictions. Under extraordinary circumstances, the issuing authority may impose additional conditions to promote the safe operation of the vehicle and load when it believes public health and welfare are better served.
The general purpose of these time restrictions is to protect public safety during weekday commuter travel periods and weekend tourist travel periods. These times were chosen based on the empirical observation of traffic movements and limited data available on traffic volumes at that time. The complete prohibition of the transportation of loads that exceed 11 feet in width, 13 1/2 feet in height, or 100 feet in length from the Milwaukee County Freeway System reflected a number of significant shortcomings in the freeway system, such as a large number of low bridges and tight radius ramps.
Chapter
Trans 254 is
the administrative rule
applicable to permits issued under s.
348.26 (2), Stats.,-
the Single
Trip Permit
for transport of
non-divisible commodities other than
manufactured housing. The
Single Trip Permit is
the most commonly issued oversize and
overweight vehicle permit. WisDOT issues approximately 42,000 such permits each
year. Highway maintenance authorities in
cities,
villages, townships and counties may also issue permits authorized by
s.
348.26 (2), Stats.,
however, the changes considered in
this rulemaking will
not affect permit issuance by
those jurisdictions.
Chapter
Trans 255 is the administrative rule
applicable to
permits issued under s.
348.27 (2), Stats.,-
“Annual and Consecutive Month Permit." This refers to
multiple use permits issued for
the transport of
non-divisible equipment and
material. WisDOT issues approximately 8,000 such permits each year. Only
WisDOT may issue permits authorized by
s.
348.27 (2), Stats.
Local
units of
government do
not
issue permits similar to
those issued by
WisDOT under Ch.
Trans 255;
WisDot permits grant authority to
operate on
both state and local
highways.
B. Changes Proposed
Modern data collection tools used by WisDOT now make it possible for the department to propose more specific limitations on travel times than those specified in current law to better facilitate oversize vehicle/load movements. The department believes better traffic modeling that has resulted from new traffic control systems permits WisDOT to target closures to oversize transportation more strategically. Improvements and changes to the Milwaukee County Freeway System have eliminated some of the structural shortcomings of that system. However, given the impact of hauling such loads over surface streets, WisDOT believes consideration should be given to modifying the complete ban on transportation of larger oversize loads on the Milwaukee County Freeway System. Indeed, some of these largest loads, such as bridge components, must be transported over that system during hours of darkness to facilitate repair of that system.
WisDOT believes that some of the special operation conditions imposed by these regulations are no longer necessary to ensure that oversize commercial vehicles can operate safely and without causing excessive travel delays for standard trucks and passenger vehicles. The specialized motor carrier industry has requested changes to these rules to reduce operating costs and meet customer needs.
Finally, as
with any regulatory scheme, Chs.
Trans 254 and
255 contain some provisions that are simply outdated. This rulemaking will
consider modifying or
revising some outdated provisions of
these chapters.
In
addition, the
proposed changes to
Chs. Trans 254 and
255 will
reflect changes in
the
processes, locations and technology by which oversize/overweight permits may
be obtained and how they are
processed.
For example, WisDOT would propose:
• To require permit applicants who have e-mail addresses to provide that e-mail address to the department to facilitate communication with the permittee.
• To eliminate provisions in the rule related to telephonic call-in procedures that are no longer used. (An internet application process has replaced it.)
• To amend or eliminate references to freeway or expressway system restrictions which are no longer necessary because improvements in the system have eliminated the hazards targeted by the restrictions.
The proposed changes will affect only those regulatory conditions associated with vehicle dimension - regulations governing the height and width of loads. Proposed changes will not affect current operating limitations associated with vehicle weight.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
1. Set
operating conditions for
permitted vehicles based on
vehicle dimension (ss.
Trans 254.11 and
255.1
1):
a. That limit operation during specified times of day based on route, e.g., no travel between 3 p.m. and 11 p.m. on Friday, year-round, in Milwaukee; and
b. That limit operation based on a specified day of the week, e.g., no travel on Sunday between 4 p.m. and 11 p.m. year-round and state-wide; and
c. That limits operation based on proximity to legal holidays and during the summer.
2. Establish maximum dimensions allowed for
vehicles operating on
the
Milwaukee County Freeway System (ss.
Trans 254.12 (2) and
255.12 (2)):
a. 11 feet in width;
b. 13% feet in height, and
c. 100 feet in length
3.
Prohibit
operation of some
vehicles on the Milwaukee County Freeway System, except in
extraordinary circumstances (ss.
Trans 254.12 (3) and
255.12 (3)):
a. Vehicles exceeding the dimensions specified -+-in No. 2 above; and
b. Certain other vehicle types, e.g., scrapers.
PROPOSED CHANGES - A through D
A) Chapters Trans 254.11 and 255.11, Times of Operation
1. Consider eliminating restrictions on Sunday hours of operation in all counties except Milwaukee, Dane, Brown, Rock, Eau Claire, Waukesha and Columbia Counties (counties where peak tourist travel volumes suggest ending restrictions may create traffic and safety problems).
