LRB-0166/1
ARG:kjf:nwn
2007 - 2008 LEGISLATURE
March 12, 2007 - Introduced by Representatives Friske, Gronemus, Sherman, A.
Ott, Mursau, Gunderson and Musser, cosponsored by Senator Schultz.
Referred to Committee on Transportation.
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. One exception allows DOT and
local highway authorities to declare certain highways under their jurisdiction as
frozen and eligible for increased weight limitations, and to establish increased
weight limitations on these highways, for the transportation of certain forest
products or of abrasives or salt for highway winter maintenance in excess of
generally applicable statutory weight limitations.
2005 Wisconsin Act 167 (Act 167) eliminated, effective January 1, 2011, this
frozen road weight limitation exception with respect to vehicles transporting certain
forest products. This bill repeals Act 167's elimination of the frozen road weight
limitation exception for forest products, thereby restoring this exception. The bill
also requires that DOT and local highway authorities, with respect to highways
under their respective jurisdictions, make frozen road declarations on the first day
that conditions warrant, as determined by DOT and local highway authorities under
applicable standards, and that these declarations become effective as of 12:01 a.m.
on the second day following the declaration.
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:
AB164, s. 1
1Section
1. 348.175 of the statutes is amended to read:
AB164,3,4
2348.175 Seasonal operation of vehicles hauling peeled or unpeeled
3forest products cut crosswise or abrasives or salt for highway winter
4maintenance. The transportation of peeled or unpeeled forest products cut
5crosswise or of abrasives or salt for highway winter maintenance in excess of gross
6weight limitations under s. 348.15 shall be permitted during the winter months
7when the highways are so frozen that no damage may result thereto by reason of such
8transportation. If at any time any person is so transporting such products or
9abrasives or salt upon a class "A" highway in such frozen condition then that person
10may likewise use a class "B" highway without other limitation, except that chains
11and other traction devices are prohibited on class "A" highways but such chains and
12devices may be used in cases of necessity.
The officers or agencies in charge of
13maintenance of highways, upon On the first day that conditions warrant their 14determination of such frozen condition and freedom of damage to such highways by
15transportation
, the officers or agencies in charge of maintenance of highways shall
16declare particular highways, or highways within areas of the state
, as eligible for
17increased weight limitations
, and each declaration shall be effective as of 12:01 a.m.
18on the 2nd day following the declaration. Such declaration shall include the
19maximum weight on each axle, combination of axles and the gross weight allowed.
20Any person transporting any such product over any highway of this state under this
21section is liable to the maintaining authority for any damage caused to such highway.
1This section does not apply to the national system of interstate and defense
2highways, except for that portion of
USH 51 between Wausau and STH 78 and that
3portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon
4their federal designation as I 39
between USH 51 and I 90/94.
AB164,3,97[
2005 Wisconsin Act 167] Section 18 (1) The treatment of
sections 348.175 and 8section 348.27 (9m) (a) 1. (by
Section 13) of the statutes
and the amendment of
9section 348.21 (3g) (intro.) of the statutes take takes effect on January 1, 2011.
AB164,3,1211
(1) This act takes effect on the first day of the 2nd month beginning after
12publication.
