AB3: Bill Text

LRB-0311/1

PEN:kg:ijs

1999 - 2000 LEGISLATURE

1999 Assembly BILL 3

January 14, 1999 - Introduced by Representatives Schneider and Boyle. Referred to Committee on Transportation.

AB3,1,5 An Act to renumber and amend 348.10 (2); to amend 347.46 (2) (intro.), 347.46 (2) (a) and 347.46 (2) (b); and to create 347.46 (2) (d) and 348.10 (2) (b) and (c) of the statutes; relating to: mudguards on road tractors, truck tractors, trailers, semitrailers and farm trailers and transporting bulk materials on a highway.

Analysis by the Legislative Reference Bureau

Current law requires every privately owned motor truck and most semitrailers operated on a highway between cities to be equipped with fenders or mudguards to minimize the amount of water, mud and debris thrown by the rear wheels. This requirement does not apply to motor trucks and semitrailers that have dump bodies.

This bill requires every motor truck, road tractor, truck tractor trailer, semitrailer and farm trailer, except farm trucks equipped with dump bodies, whether owned publicly or privately, operated upon a highway to be equipped with fenders or mudguards. The bill reduces the maximum ground clearance of acceptable fenders or mudguards from one-third of the horizontal distance from the center of the rearmost axle to the fender or mudguard to one-fifth of that distance. The bill also establishes a maximum ground clearance of six inches for fenders or mudguards on vehicles equipped with dump bodies that are transporting sand, gravel or similar material.

Also under current law, no person is permitted to operate a vehicle on a highway unless the vehicle is so constructed and loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping from the vehicle. A forfeiture of not less than $10 nor more than $200 may be imposed for violating this provision.

This bill specifies that a load of bulk material, such as sand, gravel or dirt, that is not in containers must be covered when being transported on a highway to prevent the load from dropping or sifting from the vehicle. Failure to comply with this provision also may result in a forfeiture of not less than $10 nor more than $200.

The bill specifies that both of these provisions do not apply to bulk material being applied to a highway for highway construction or maintenance.

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:

AB3, s. 1 Section 1. 347.46 (2) (intro.) of the statutes is amended to read:

AB3,2,9 347.46 (2) (intro.) No person shall may operate on a highway in intercity movement any privately owned any motor truck or privately owned, road tractor, trailer, farm trailer, semitrailer drawn by a or truck tractor, except those motor farm trucks and semitrailers equipped with dump bodies, unless such motor truck or semitrailer the vehicle is equipped with rear fenders or mudguards of such material and so constructed and placed as to restrict to a minimum the splashing of water, mud or other material which may be thrown by the rear wheels. Such The rear fenders or mudguards shall meet all of the following minimum specifications:

AB3, s. 2 Section 2. 347.46 (2) (a) of the statutes is amended to read:

AB3,2,16 347.46 (2) (a) The fenders or mudguards shall cover the tire or multiple tires they are protecting starting at the top from a line drawn vertically through the center of the axle and extending rearward and downward so that the fender or mudguard under any condition of operation or loading of the vehicle has a ground clearance of not more than one third one-fifth of the horizontal distance from the center of the rearmost axle to the fender or mudguard;.

AB3, s. 3 Section 3. 347.46 (2) (b) of the statutes is amended to read:

AB3,3,2 347.46 (2) (b) The fenders or mudguards shall be at least as wide as the tire or multiple tires they are protecting;.

AB3, s. 4 Section 4. 347.46 (2) (d) of the statutes is created to read:

AB3,3,9 347.46 (2) (d) Notwithstanding any other requirement of this subsection, a motor truck or semitrailer equipped with a dump body that dumps through the floor of the cargo body and that is transporting sand, gravel, dirt, rock or similar material shall be equipped with mudguards that are mounted to the rear of the axles, cover the entire width of the vehicle and have a ground clearance of not more than 6 inches when the vehicle is loaded.

AB3, s. 5 Section 5. 348.10 (2) of the statutes is renumbered 348.10 (2) (a) and amended to read:

AB3,3,14 348.10 (2) (a) No person shall may operate a vehicle on a highway unless such vehicle is so constructed and loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.

AB3, s. 6 Section 6. 348.10 (2) (b) and (c) of the statutes are created to read:

AB3,3,19 348.10 (2) (b) Notwithstanding par. (a), no person may operate on a highway a vehicle loaded with bulk material, such as sand, gravel or dirt, that is not in containers unless the vehicle is so loaded and covered as to prevent the load from dropping or sifting from the vehicle.

AB3,3,21 (c) This subsection does not apply to the application of a bulk material to a highway for the purpose of maintenance or construction of the highway.

AB3, s. 7 Section 7. Effective date.

AB3,3,24 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB3,3,25 (End)