LRB-0108/1
ARG:kjf:rs
2005 - 2006 LEGISLATURE
April 12, 2005 - Introduced by Representatives Petrowski, Sherman, Ainsworth,
Albers, Bies, Boyle, Gunderson, Hines, Krawczyk, F. Lasee, Montgomery,
Nerison, Pettis, Sheridan
and Van Roy, cosponsored by Senators Kedzie,
Kapanke, Breske
and Stepp. Referred to Committee on Highway Safety.
AB315,1,6 1An Act to amend 348.07 (2) (g), 348.07 (4) and 348.07 (5); and to create 348.07
2(2) (fs), 348.07 (2) (gv) and 348.07 (4m) of the statutes; relating to: allowing the
3operation of certain 2-vehicle combinations on certain highways without a
4permit, extending the time limit for emergency rule procedures, providing an
5exemption from emergency rule procedures and from rule-making procedures,
6and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, no person may operate on a
highway any single vehicle with an overall length in excess of 40 feet or any
combination of two vehicles with an overall length in excess of 65 feet, unless the
person has a permit to exceed these lengths. One exception allows a semitrailer or
trailer up to 48 feet in overall length to be operated, without a permit, as part of a
two-vehicle combination on any highway. Another exception allows a semitrailer up
to 53 feet in overall length and having a kingpin-to-axle length not exceeding 43 feet
to be operated, without a permit, as part of a two-vehicle combination on certain
highways designated by the Department of Transportation (DOT). An exception also
allows a tractor-semitrailer combination to be operated on designated highways
without limitation on length. Another exception allows specified vehicles to operate
on highways not designated by DOT for a distance of five miles or less in order to
access a highway designated by DOT or to reach certain services or destinations.

This bill creates exceptions that allow a tractor-semitrailer combination up to
75 feet in overall length, and a semitrailer up to 53 feet in overall length and having
a kingpin-to-axle length not exceeding 43 feet that is operated as part of a
two-vehicle combination, to be operated, without a permit, on all state trunk
highways (including interstate highways) except those that have been identified by
DOT by rule as not suitable to accommodate such vehicle lengths. The bill does not
affect existing law relating to permissible length of these tractor-semitrailer
combinations and semitrailers operated on highways presently designated by DOT.
The bill also increases, from 5 miles to 15 miles, the distance that specified vehicles
may operate on highways not designated by DOT in order to access a highway
designated by DOT or to reach certain services or destinations.
The bill requires DOT, within approximately two months, to submit proposed
rules to administer the provisions of the bill to the Legislative Council Staff and to
promulgate emergency rules to administer the provisions of the bill until the
proposed rules submitted to the Legislative Council Staff become final. The bill
delays the applicability of all other provisions for approximately two months.
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:
AB315, s. 1 1Section 1. 348.07 (2) (fs) of the statutes is created to read:
AB315,2,32 348.07 (2) (fs) 75 feet for a tractor-semitrailer combination that is operated on
3any part of the state trunk highway system, except as provided in par. (f) or sub. (4m).
AB315, s. 2 4Section 2. 348.07 (2) (g) of the statutes is amended to read:
AB315,2,65 348.07 (2) (g) 48 feet for a semitrailer or trailer operated as part of a 2-vehicle
6combination, except as provided in par. (gr) or (gv).
AB315, s. 3 7Section 3. 348.07 (2) (gv) of the statutes is created to read:
AB315,2,108 348.07 (2) (gv) 53 feet for a semitrailer whose length from kingpin to axle does
9not exceed 43 feet and which is operated as part of a 2-vehicle combination on any
10part of the state trunk highway system, except as provided in par. (gr) or sub. (4m).
AB315, s. 4 11Section 4. 348.07 (4) of the statutes is amended to read:
AB315,3,19
1348.07 (4) The secretary shall, by rule, designate the highways to which sub.
2(2) (f), (fm), (gm) and (gr) and s. 348.08 (1) (e) and (h) apply. The designation of
3highways under this subsection may not be inconsistent with the designation of
4highways made by the U.S. secretary of transportation under P.L. 97-424, section
5411. The secretary may also designate additional highways by rule. In adopting a
6rule designating other highways, which may include 2-lane highways, the secretary
7shall specify the factors which resulted in the determination to designate the
8highways. These factors shall include, but are not limited to, safety, economics,
9energy savings, industry productivity and competition. Vehicles to which sub. (2) (f),
10(fm), (gm) and (gr) and s. 348.08 (1) (e) and (h) apply may also operate on
11undesignated highways not designated under this subsection for a distance of 5 15
12miles or less in order to obtain access to a designated highway designated under this
13subsection
or to reach fuel, food, maintenance, repair, rest, staging, terminal or
14vehicle assembly facilities or points of loading or unloading. The secretary may, by
15rule, designate an access route of more than 5 15 miles from a designated highway
16designated under this subsection when the longer route provides safer and better
17access to a location which is within the 5-mile 15-mile limit. Household goods
18carriers may operate between highways designated in under this subsection and
19points of loading and unloading.
AB315, s. 5 20Section 5. 348.07 (4m) of the statutes is created to read:
AB315,3,2521 348.07 (4m) The secretary shall, by rule, designate those parts of the state
22trunk highway system to which sub. (2) (fs) and (gv) do not apply. For each part of
23the state trunk highway system designated under this subsection, the secretary
24shall specify the factors that resulted in the determination to designate the part as
25not suitable to accommodate vehicle lengths as specified in sub. (2) (fs) and (gv).
AB315, s. 6
1Section 6. 348.07 (5) of the statutes is amended to read:
AB315,4,62 348.07 (5) As often as it deems necessary, the department shall publish maps
3required for its own use and for free distribution showing the highways designated
4under sub. subs. (4) and (4m), those parts of the state trunk highway system not
5designated under sub. (4m),
and such other main highways and other features as the
6department deems desirable.
AB315, s. 7 7Section 7 . Nonstatutory provisions.
AB315,4,118 (1) The department of transportation shall submit in proposed form the rules
9required under section 348.07 (4m) of the statutes, as created by this act, to the
10legislative council staff under section 227.15 (1) of the statutes no later than the first
11day of the 3rd month beginning after the effective date of this subsection.
AB315,4,2412 (2) Using the emergency rules procedure under section 227.24 of the statutes,
13the department of transportation shall promulgate the rules required under section
14348.07 (4m) of the statutes, as created by this act, for purposes of implementing this
15act, for the period before the effective date of the rules submitted under subsection
16(1). The department shall promulgate these emergency rules no later than the first
17day of the 3rd month beginning after the effective date of this subsection.
18Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these emergency rules
19may remain in effect until June 30, 2007, or the date on which permanent rules take
20effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the
21statutes, the department is not required to provide evidence that promulgating a rule
22under this subsection as an emergency rule is necessary for the preservation of the
23public peace, health, safety, or welfare and is not required to provide a finding of
24emergency for a rule promulgated under this subsection.
AB315, s. 8 25Section 8. Initial applicability.
AB315,5,3
1(1) This act first applies to violations committed on the effective date of this
2subsection, but does not preclude the counting of other violations as prior violations
3for purposes of sentencing a person.
AB315, s. 9 4Section 9. Effective dates. This act takes effect on the first day of the 3rd
5month beginning after publication, except as follows:
AB315,5,66 (1) Section 7 (1 ) and (2) of this act takes effect on the day after publication.
AB315,5,77 (End)
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