2005 - 2006 LEGISLATURE
October 3, 2005 - Introduced by Representatives Krusick, Berceau, Black,
Cullen, Fields and
Kerkman, cosponsored by Senators Coggs and
Carpenter. Referred to Committee on Highway Safety.
1An Act to renumber
346.94 (7); to renumber and amend
348.10 (2); to amend
346.95 (2) and 347.46 (2) (intro.); and to create
346.94 (7) (b), 347.46 (2) (d) and 3
348.10 (2) (b) and (c) of the statutes; relating to: transporting bulk materials
4on a highway, liability for spilling waste or foreign matter upon or along a
5highway, and mudguards on motor trucks and semitrailers transporting bulk
Analysis by the Legislative Reference Bureau
Current law requires the driver of every vehicle transporting waste or foreign
matter on the highways of this state to equip his or her vehicle to prevent such waste
or foreign matter from spilling on or along the highways. The Wisconsin Supreme
Court has held that this law was not intended to establish a standard of due care to
be applied in negligence actions, so a violation of this law is not a sufficient basis for
imposing liability for damages caused by the spilled waste or foreign matter. Kalkopf
v. Donald Sales & Mfg. Co., 33 Wis. 2d 247, 256 (1967).
This bill makes a person who spills waste or foreign matter from his or her
vehicle on or along the highway liable for any harm to another user of the highway
or another vehicle caused by the spilled waste or foreign matter.
This bill requires that a load of bulk material, such as sand, gravel, or dirt, that
is not in containers be covered to prevent the load from dropping or sifting from the
vehicle when transported on a highway. This provision does not apply to certain
plants, plant parts, animals, or animal products. Failure to comply with this
provision also may result in a forfeiture of not less than $10 nor more than $200.
This requirement does not apply to bulk material being applied to a highway
for highway construction or maintenance or for winter snow or ice treatment.
Under current law, privately owned motor trucks and semitrailers that are
equipped with dump bodies and operated on a highway between cities are not
required to be equipped with rear fenders or mudguards. This bill requires such
vehicles to be equipped with mudguards. The bill establishes minimum
specifications for mudguards on vehicles transporting sand, gravel, dirt, rock, refuse,
or similar bulk material. Failure to comply with the requirement of mudguards on
these vehicles may result in a forfeiture of not less than $100 nor more than $200.
For further information see the state 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:
AB716, s. 1
346.94 (7) of the statutes is renumbered 346.94 (7) (a).
AB716, s. 2
346.94 (7) (b) of the statutes is created to read:
(b) Any person who violates par. (a) is liable for any harm to another 4
person using the highway or to another vehicle resulting from the violation.
AB716, s. 3
346.95 (2) of the statutes is amended to read:
Any person violating s. 346.89 (1) or 346.94 (2), (4),
or (7) (a)
may be 7
required to forfeit not less than $20 nor more than $400.
AB716, s. 4
347.46 (2) (intro.) of the statutes is amended to read:
(intro.) No person shall
operate on a highway in intercity 10
movement any privately owned motor truck or privately owned semitrailer drawn 11
by a truck tractor, except those motor trucks and semitrailers equipped with dump 12
bodies, unless such motor truck or semitrailer is equipped with rear fenders or 13
mudguards or, except for those motor trucks and semitrailers transporting sand,
14gravel, dirt, rock, refuse, or similar bulk material, rear fenders
of such material and 15
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 rear fenders or 2
mudguards shall meet the following minimum specifications:
AB716, s. 5
347.46 (2) (d) of the statutes is created to read:
(d) Notwithstanding pars. (a) to (c), the mudguards on a motor truck 5
or semitrailer transporting sand, gravel, dirt, rock, refuse, or similar bulk material 6
shall be mounted to the rear of the axles, cover the entire width of the vehicle, and 7
have a ground clearance of not more than 6 inches when the vehicle is loaded.
AB716, s. 6
348.10 (2) of the statutes is renumbered 348.10 (2) (a) and amended 9
(a) No person shall may
operate a vehicle on a highway unless such 11
vehicle is so constructed and loaded as to prevent its contents from dropping, sifting, 12
or otherwise escaping therefrom.
AB716, s. 7
348.10 (2) (b) and (c) of the statutes are created to read:
(b) Notwithstanding par. (a), no person may operate on a highway 15
a vehicle loaded with sand, gravel, dirt, rock, refuse, or similar bulk material that 16
is not in containers, unless the vehicle is so loaded and covered as to prevent the load 17
from dropping or sifting from the vehicle. For purposes of this paragraph, "bulk 18
material" does not include plants, plant parts, animals, or animal products produced 19
by a person primarily for sale, consumption, propagation, or other use by humans or 20
(c) This subsection does not apply to the application of a bulk material to a 22
highway for the purposes of maintenance or construction of the highway or of 23
highway winter maintenance snow and ice removal.
(1) The treatment of section 346.95 (2) of the statutes, the renumbering of 2
section 346.94 (7) of the statutes, and the creation of section 346.94 (7) (b) of the 3
statutes first apply to violations occurring on the effective date of this subsection.
(2) The treatment of section 347.46 (2) (intro.) and (d) of the statutes, the 5
renumbering and amendment of section 348.10 (2) of the statutes, and the creation 6
of section 348.10 (2) (b) and (c) of the statutes first apply to vehicles operated on the 7
effective date of this subsection.
(1) This act takes effect on the first day of the 4th month beginning after 10