LRB-3627/2
ARG:wlj&jld:rs
2005 - 2006 LEGISLATURE
March 9, 2006 - Introduced by Representatives Musser, Ainsworth, Bies, Lehman,
Albers and Townsend. Referred to Committee on Transportation.
AB1107,1,4
1An Act to amend 348.25 (4) (intro.) and 348.28 (1); and
to create 348.27 (12m)
2of the statutes;
relating to: annual or consecutive month permits for certain
3vehicles exceeding special or seasonal weight limitations imposed by highway
4authorities.
Analysis by the Legislative Reference Bureau
Under current law, with limited exceptions, no person may operate upon a
highway any vehicle or combination of vehicles that exceeds certain statutory weight
limits unless the person obtains a permit issued by the Department of
Transportation (DOT) or a local highway authority. Also under current law, DOT and
local highway authorities may impose special 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 and on
bridges that cannot safely sustain the generally applicable maximum weights
allowed by law. DOT and local highway authorities may impose these weight
limitations by posting signs on or along the highway, or before each end of the bridge,
giving reasonable notice of the special weight limitations. No person, whether or not
operating under an overweight permit, may operate a vehicle in violation of these
special posted weight limitations, except when operating under an overweight
permit that expressly authorizes these special posted weight limitations to be
exceeded. However, DOT and local highway authorities may exempt from these
special posted weight limitations on highways, or set different weight limitations for,
vehicles carrying certain commodities or performing certain services if doing so is
reasonable and necessary for the public interest and, if certain requirements are
met, must exempt from these special posted weight limitations on highways vehicles
used to transport material pumped from a septic or holding tank.
This bill creates a new annual or consecutive month overweight permit, issued
by local highway authorities, specifically related to these special posted weight
limitations. Under the bill, the officer in charge of maintenance of highways, other
than state trunk highways, on which special weight limitations are posted due to
climatic conditions may issue annual or consecutive month permits for the
transportation of milk, or of garbage, refuse, or recyclable material, or of material
pumped from a septic or holding tank, in excess of these special posted weight
limitations but not in excess of generally applicable statutory weight limitations if
the officer determines that such transportation is in the interest of public health and
safety. If an application for such a permit is filed by December 15, the officer must
grant or deny the application not later than February 15 of the following year. Each
application must include the applicant's proposed route, which route must minimize
travel on highways subject to special posted weight limitations. Every permit issued
must designate the route to be used by the permittee. The officer may limit use of
the highways under any issued permit to specified hours of the day. If the permit
application is denied, the officer must provide reasons for the denial of the permit.
Because this bill concerns an exception to the vehicle weight limits specified in
ch. 348, stats., DOT, 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:
AB1107, s. 1
1Section
1. 348.25 (4) (intro.) of the statutes is amended to read:
AB1107,2,62
348.25
(4) (intro.) Except as provided under s. 348.26 (5), (6), or (7) or 348.27
3(3m), (9), (9m), (9r), (9t), (10), (12),
(12m), or (13), permits shall be issued only for the
4transporting of a single article or vehicle which exceeds statutory size, weight or load
5limitations and which cannot reasonably be divided or reduced to comply with
6statutory size, weight or load limitations, except that:
AB1107, s. 2
7Section
2. 348.27 (12m) of the statutes is created to read:
AB1107,3,88
348.27
(12m) Certain loads exceeding special posted weight limitations. (a)
9The officer in charge of maintenance of highways, other than state trunk highways,
1on which weight limitations are imposed under s. 349.16 (1) (a) due to climatic
2conditions and posted as provided in ss. 348.17 (1) and 349.16 (2) may issue annual
3or consecutive month permits for the transportation of milk, or of garbage, refuse,
4or recyclable material, as defined in s. 560.12 (1) (ae), or of material pumped from a
5septic or holding tank, in excess of these posted weight limitations but not in excess
6of weight limitations imposed by this chapter, other than those specified in s. 348.17
7(1), if the officer determines that such transportation is in the interest of public
8health and safety.
AB1107,3,189
(b) If an application for a permit under this subsection is filed by December 15
10with the officer in charge of maintenance of the highways over which a vehicle will
11be operated, the officer shall grant or deny the application not later than February
1215 of the following year. Each application shall include the applicant's proposed
13route, which route shall minimize travel on highways subject to weight limitations
14imposed under s. 349.16 (1) (a) and posted as provided in ss. 348.17 (1) and 349.16
15(2). Every permit issued under this subsection shall designate the route to be used
16by the permittee. The officer may limit use of the highways under any permit issued
17under this subsection to specified hours of the day. If the permit application is
18denied, the officer shall provide reasons for the denial of the permit.
AB1107, s. 3
19Section
3. 348.28 (1) of the statutes is amended to read:
AB1107,3,2120
348.28
(1) Permits issued under ss. 348.25, 348.26 and 348.27 (1) to (10),
and 21(12)
and to (13) shall be carried on the vehicle during operations so permitted.
AB1107,3,2423
(1)
This act takes effect on the first day of the 3rd month beginning after
24publication.
