LRB-2113/1
PEN:pgt&jlg:jf
1999 - 2000 LEGISLATURE
March 8, 1999 - Introduced by Representatives Sykora, Gunderson, Ainsworth,
Albers, Balow, Brandemuehl, Gronemus, Handrick, Kestell, Kreibich,
Ladwig, Musser, Olsen, Pettis, Plouff, Porter, Powers, Seratti, Suder and
Vrakas, cosponsored by Senators Breske, Baumgart, Drzewiecki, Farrow,
Lazich, Schultz and
Zien. Referred to Committee on Transportation.
AB188,1,3
1An Act to amend 349.16 (3) of the statutes;
relating to: exempting certain
2vehicles transporting material pumped from a septic or holding tank from
3special or seasonal weight limitations imposed by local highway authorities.
Analysis by the Legislative Reference Bureau
Under current law, local highway authorities may impose special or seasonal
weight limitations on highways which, because of deterioration or climatic
conditions, would likely be seriously damaged or destroyed if such limitations were
not imposed. For vehicles carrying certain commodities or being used to perform
certain services, including services related to pumping waste from septic or holding
tanks, local highway authorities may set different weight limitations or exempt such
vehicles from the special or seasonal weight limitations if an exemption or limitation
is in the interest of public health, safety and welfare.
This bill provides that any special or seasonal weight limitations imposed by a
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 needed 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 bill
requires the vehicle owner or operator to notify local highway authorities within 72
hours after operating such a vehicle in excess of the special or seasonal weight
limitations.
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:
AB188, s. 1
1Section
1. 349.16 (3) of the statutes is amended to read:
AB188,2,202
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
, including but not limited
5to pumping septic or holding tanks, from the special weight limitations which are
6imposed under sub. (1) (a), or may set different weight limitations than those
7imposed under sub. (1) (a) for vehicles carrying those commodities or which are used
8to perform those services, if such exemption or limitation is reasonable and necessary
9to promote the public health, safety and welfare.
The authority in charge of the
10maintenance of the highway shall exempt from the special or seasonal weight
11limitations imposed under sub. (1) (a) any vehicle that is transporting material
12pumped from a septic or holding tank if, because of health concerns, the material
13needed to be removed from the septic or holding tank within 24 hours after the
14vehicle owner or operator is notified and if the vehicle is travelling on the most direct
15route between the septic or holding tank and the location where the vehicle's contents
16are to be unloaded. Within 72 hours after operating a vehicle that transported
17material pumped from a septic or holding tank and that exceeded special or seasonal
18weight limitations as authorized by this subsection, the owner or operator of the
19vehicle shall notify the authority in charge of maintenance of the highways over
20which the vehicle was operated.
AB188,3,2
1(1) This act first applies to vehicles operated on the effective date of this
2subsection.
