2013 Wisconsin Act 377

348.01 (2) (bp) "Potato harvester" means a self-propelled implement of husbandry designed and used exclusively for harvesting potatoes.

377,24 Section 24. 348.02 (6) of the statutes is created to read:

348.02 (6) The provisions of this chapter apply to implements of husbandry and agricultural commercial motor vehicles.

377,25 Section 25. 348.03 of the statutes is created to read:

348.03 Self-certification for agricultural commercial motor vehicles. (1) The department shall prescribe a form for the owner or operator of an agricultural commercial motor vehicle to certify that the vehicle and its operation satisfy all requirements specified in the definition under s. 340.01 (1o).

(2) The certification on the form under sub. (1) of an owner or operator of an agricultural commercial motor vehicle may be offered to the department or any traffic officer as evidence of the truth of the matters asserted in the certification, but the certification is not conclusive of such matters.

377,26 Section 26. 348.05 (2) (a) of the statutes is amended to read:

348.05 (2) (a) No limitation for implements of husbandry temporarily operated upon a highway in the course of performance of its work.

377,27 Section 27 . 348.05 (2) (a) of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

348.05 (2) (a) No Subject to ss. 347.24 (3), 347.245 (1), and 347.25 (2g), no limitation for implements of husbandry.

377,28 Section 28. 348.05 (2) (am) of the statutes is created to read:

348.05 (2) (am) Ten feet for an agricultural commercial motor vehicle, except that, if the agricultural commercial motor vehicle is operated for purposes of spraying pesticides or spreading lime or fertilizer but not including manure application and has extending tires, fenders, or fender flares, the total outside width of the agricultural commercial motor vehicle may not exceed 12 feet.

377,29 Section 29. 348.05 (2) (c) of the statutes is repealed.

377,30 Section 30. 348.05 (2g) of the statutes is created to read:

348.05 (2g) Subsection (2) (a) also applies to implements of husbandry while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry if the implement of husbandry is being operated or transported under either of the following circumstances:

(a) Directly from a farmer's owned or leased land to the business location of an implement dealer that is within a 75-mile radius of the farmer's owned or leased land.

(b) Directly from the business location of an implement dealer to a farmer's owned or leased land that is within a 75-mile radius of the implement dealer's business location.

377,31 Section 31. 348.05 (2g) of the statutes, as created by 2013 Wisconsin Act .... (this act), is renumbered 348.05 (2g) (a), and 348.05 (2g) (a) (intro.), as renumbered, is amended to read:

348.05 (2g) (a) (intro.) Subsection Subject to par. (b), subsection (2) (a) also applies to implements of husbandry while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry if the implement of husbandry is being operated or transported under either of the following circumstances:

377,32 Section 32. 348.05 (2g) (b) of the statutes is created to read:

348.05 (2g) (b) Paragraph (a) applies only if the person operating or transporting the implement of husbandry complies with ss. 347.24 (3), 347.245 (1), and 347.25 (2g), as applicable. For purposes of this paragraph, the requirements under ss. 347.24 (3), 347.245 (1), and 347.25 (2g) shall apply to an implement of husbandry being transported to the same extent as if the implement of husbandry were being operated.

377,33 Section 33. 348.05 (3) of the statutes is repealed.

377,34 Section 34. 348.06 (2) of the statutes is amended to read:

348.06 (2) Implements of husbandry of any height may be temporarily operated upon a highway without a permit for excessive height. The operator of the implement of husbandry is responsible for ensuring that there is adequate height clearance between the implement of husbandry and any overhead structure or obstruction, other than a structure or obstruction that is any of the following:

377,34m Section 34m. 348.06 (2) (a) and (b) of the statutes are created to read:

348.06 (2) (a) Any overhead utility line that does not satisfy the requirements of the state electric code promulgated by the public service commission.

(b) Any overhead electric line of a cooperative association that is organized under ch. 185 and that does not comply with the National Electrical Safety Code.

377,35 Section 35. 348.07 (1) of the statutes is amended to read:

348.07 (1) No person, without a permit therefor, may operate on a highway any single vehicle with an overall length in excess of 45 feet or any combination of 2 vehicles with an overall length in excess of 70 feet, except as otherwise provided in subs. (2), (2a), (2m), and (4m) and s. 348.08 (1).

377,36 Section 36. 348.07 (2) (e) of the statutes is renumbered 348.07 (2) (e) 2. and amended to read:

348.07 (2) (e) 2. No limitation One hundred feet for implements of husbandry temporarily operated upon a highway that are 2-vehicle combinations.

377,37 Section 37. 348.07 (2) (e) 1. of the statutes is created to read:

348.07 (2) (e) 1. Sixty feet for an implement of husbandry that is a single vehicle.

377,38 Section 38. 348.07 (2m) of the statutes is created to read:

348.07 (2m) Subsection (2) (e) also applies to implements of husbandry while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry if the implement of husbandry is being operated or transported under either of the following circumstances:

(a) Directly from a farmer's owned or leased land to the business location of an implement dealer that is within a 75-mile radius of the farmer's owned or leased land.

(b) Directly from the business location of an implement dealer to a farmer's owned or leased land that is within a 75-mile radius of the implement dealer's business location.

377,39 Section 39. 348.08 (1) (b) of the statutes is amended to read:

348.08 (1) (b) Two trailers used primarily as implements of husbandry in connection with seasonal agricultural activities or one such trailer and any other implement of husbandry may, without such permit, be drawn by a farm tractor if the operation of such combination of vehicles is exclusively a farming operation and not for the transportation of property for hire and, or attached to, another implement of husbandry if the overall length of such combination of vehicles does not exceed 60 70 feet, or 100 feet if the vehicle combination is traveling at a speed of not more than 25 miles per hour.

377,40 Section 40. 348.08 (1) (d) of the statutes is amended to read:

348.08 (1) (d) Two trailers transporting empty pressurized or nonpressurized tanks used for hauling or storing liquid agricultural fertilizer or 2 implements of husbandry, including 2 empty trailers used primarily as implements of husbandry in connection with seasonal agricultural activities, may, without such permit, be drawn by a motor truck or, truck tractor , or agricultural commercial motor vehicle if the overall length of such combination of vehicles and load does not exceed 60 70 feet or, if the vehicle combination is traveling at a speed of not more than 25 miles per hour, 100 feet. For purposes of this paragraph, "empty" means less than 20% full.

377,41 Section 41. 348.08 (2) of the statutes is amended to read:

348.08 (2) Whenever any train of agricultural vehicles implements of husbandry is being operated under sub. (1) (b), the train shall be equipped as provided in s. 347.21 (1m) and (2). Whenever any train of agricultural vehicles is being operated under sub. (1) (d), the train shall be equipped as provided in s. 347.21 (1) and (2). The trailer hitches of a train of agricultural vehicles described in this subsection shall be of a positive nature so as to prevent accidental release.

377,42 Section 42. 348.09 (3) of the statutes is created to read:

348.09 (3) This section does not apply if the load is an implement of husbandry or agricultural commercial motor vehicle being transported as provided in s. 348.05 (2g).

377,43 Section 43. 348.15 (3) (b) of the statutes is amended to read:

348.15 (3) (b) The gross weight imposed on the highway by the wheels of any one axle may not exceed 20,000 pounds or, if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle operated on or before January 1, 2020, 23,000 pounds. In addition, the gross weight imposed on the highway by the wheels of the steering axle of a truck tractor may not exceed 13,000 pounds unless the manufacturer's rated capacity of the axle and the tires is sufficient to carry the weight, but not to exceed 20,000 pounds.

377,44 Section 44. 348.15 (3) (d) of the statutes is amended to read:

348.15 (3) (d) Notwithstanding par. pars. (c) and (g), 2 consecutive sets of tandem axles may impose on the highway a gross load of 34,000 pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more.

377,45 Section 45. 348.15 (3) (f) 2. of the statutes is amended to read:

348.15 (3) (f) 2. Notwithstanding pars. (a) to (c) and (g), sub. (4), and ss. 348.17 and 349.16, and subject to subd. 3., in the case of a heavy-duty vehicle equipped with idle reduction technology, the gross weight of the vehicle, and the gross weight imposed on the highway by the wheels of any one axle or axle group of the vehicle, may exceed the applicable weight limitation specified in pars. (a) to (c) or (g) or posted as provided in s. 348.17 (1) by not more than 400 pounds or the weight of the idle reduction technology, whichever is less.

377,46 Section 46. 348.15 (3) (g) of the statutes is created to read:

348.15 (3) (g) Notwithstanding par. (c), if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle operated on or before January 1, 2020, the gross weight imposed on the highway by any group of 2 or more consecutive axles of the vehicle or vehicle combination may not exceed the maximum gross weights in the following table for each of the respective distances between axles and the respective numbers of axles of a group: [See Figure 348.15 (3) (g) following] - See PDF for table - See PDF for table

377,47 Section 47. 348.15 (8) of the statutes is amended to read:

348.15 (8) Unless the department provides otherwise by rule, any axle of a vehicle or combination of vehicles which does not impose on the highway at least 8% of the gross weight of the vehicle or combination of vehicles may not be counted as an axle for the purposes of sub. (3) (c) and (g).

377,48 Section 48. 348.15 (9) of the statutes is created to read:

348.15 (9) (a) Except as provided in pars. (c), (e), and (f), the increased weight allowance for implements of husbandry and agricultural commercial motor vehicles under sub. (3) (b) and (g) applies in lieu of, not in addition to, any other increased weight allowance for implements of husbandry authorized under this chapter.

(b) Except as provided in par. (e), the maximum gross weight for an implement of husbandry or agricultural commercial motor vehicle operated on a highway without a permit may not exceed 92,000 pounds.

(c) 1. Notwithstanding sub. (3) (b), (c), and (g), there is no weight limitation per wheel, axle, or group of axles for an implement of husbandry that is an empty potato harvester if, subject to subd. 2., the potato harvester is accompanied by one or more escort vehicles operating with hazard lights activated, except that such a potato harvester is subject to any weight limitation posted as provided in s. 348.17 (1). Except as provided in par. (e), a potato harvester is subject to the maximum gross weight limitation for implements of husbandry specified in par. (b).

2. A potato harvester is not required to be accompanied by any escort vehicle under subd. 1. if the potato harvester is traveling between fields or between a farm and a field and is operated on the highway for a distance of 0.5 miles or less.

(d) The increased weight allowance for implements of husbandry and agricultural commercial motor vehicles under sub. (3) (b) and (g) does not apply on any highway that is a part of the national system of interstate and defense highways.

(e) 1. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), but subject to subd. 3., there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation, for an implement of husbandry or agricultural commercial motor vehicle while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry or agricultural commercial motor vehicle if the implement of husbandry or agricultural commercial motor vehicle is being operated or transported under either of the following circumstances:

a. Directly from a farmer's owned or leased land to the business location of an implement dealer that is within a 75-mile radius of the farmer's owned or leased land.

b. Directly from the business location of an implement dealer to a farmer's owned or leased land that is within a 75-mile radius of the implement dealer's business location.

2. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), but subject to subd. 3., there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation, for an implement of husbandry described in s. 340.01 (24) (a) 1. b. that is traveling between fields or between a farm and a field and is operated on the highway for a distance of 0.5 miles or less.

3. Subdivisions 1. and 2. do not apply on any highway that is a part of the national system of interstate and defense highways or that is posted with a weight limitation as provided in s. 348.17 (1).

(f) 1. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), and except as provided in subd. 3. and par. (e), there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation other than that specified in par. (b), for an implement of husbandry described in s. 340.01 (24) (a) 1. b. being operated on a highway that is not designated under subd. 2. a.

2. a. The governing body of a municipality or county may, by resolution or ordinance, designate highways under the municipality's or county's jurisdiction, for maintenance purposes, on which the statutory weight limits prescribed under this section, other than this paragraph, for implements of husbandry apply to implements of husbandry described in s. 340.01 (24) (a) 1. b. If a resolution or ordinance is adopted under this subd. 2. a., any weight limit resulting from the resolution or ordinance is considered to be a weight limit imposed by this chapter and any violation is considered to be a violation of the applicable weight limits prescribed under this section.

b. For a resolution or ordinance under this subdivision to be effective in any calendar year, the resolution or ordinance must be adopted on or before January 15 of that calendar year or in a prior year. A resolution or ordinance adopted under this subdivision shall be valid for at least one calendar year.

c. Each municipality or county that designates highways under subd. 2. a. shall forward to the department a copy of the resolution or ordinance, and the department shall publish the resolution or ordinance on the department's Internet site.

3. Subdivision 1. does not apply on any highway that is a state trunk highway or that is posted with a weight limitation as provided in s. 348.17 (1).

(g) This subsection does not apply after January 1, 2020, and any resolution or ordinance adopted under par. (f) 2. a. on or before January 1, 2020, is void after January 1, 2020.

377,49 Section 49. 348.16 (2) of the statutes is amended to read:

348.16 (2) Except as provided in sub. (3) and s. 348.175 and subject to any modifications made by a city of the first class pursuant to s. 349.15 (3), no person, without a permit therefor, shall operate on a class "B" highway any vehicle or combination of vehicles imposing wheel, axle, group of axles, or gross weight on the highway exceeding 60 percent of the weights authorized in s. 348.15 (3). This subsection does not apply, from the effective date of this subsection .... [ LRB inserts date], to January 1, 2020, to a potato harvester or an implement of husbandry or agricultural commercial motor vehicle being operated or transported as described in s. 348.15 (9) (e) or (f) 1.

377,50 Section 50. 348.17 (5) of the statutes is renumbered 348.17 (5) (a) and amended to read:

348.17 (5) (a) From September 1 to December 31 of each year, no permit shall be required for the transportation of corn, soybeans, potatoes, vegetables, or cranberries from the field to storage on the grower's owned or leased land, from the field to initial storage at a location not owned or leased by the grower, or from the field to initial processing in a vehicle or combination of vehicles having a registered gross weight of 50,000 pounds or more or described in s. 340.01 (24) (b) that exceeds the weight limitations under s. 348.15 by not more than 15 percent. and that satisfies all of the following:

(b) This subsection does not apply to the national system of interstate and defense highways, except for that portion of I 39 between USH 51 and I 90/94.

377,51 Section 51. 348.17 (5) (a) 1. and 2. of the statutes are created to read:

348.17 (5) (a) 1. Has a registered gross weight of 50,000 pounds or more.

2. Is a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway.

377,52 Section 52. 348.17 (6) (a) 2. of the statutes is amended to read:

348.17 (6) (a) 2. Is described in s. 340.01 (24) (b) a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway.

377,53m Section 53m. 348.17 (6) (a) 3. of the statutes is amended to read:

348.17 (6) (a) 3. Is an implement of husbandry as defined in s. 340.01 (24) (a). This subdivision does not apply from the effective date of this subdivision .... [LRB inserts date], to January 1, 2020.

377,54 Section 54. 348.21 (3) (intro.) of the statutes is amended to read:

348.21 (3) (intro.) Except as provided in sub. (3g), and subject to sub. (3t), any person violating s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized under s. 348.17 (3), (5), or (6) or in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:

377,55 Section 55. 348.21 (3t) of the statutes is created to read:

348.21 (3t) (a) In the case of a violation of s. 348.15 (3) (g), the penalty shall be computed on the basis of the weights stated in s. 348.15 (3) (c).

(b) In the case of a violation of s. 348.15 (3) (b) involving an implement of husbandry or agricultural commercial motor vehicle, the penalty shall be computed on the basis of a permissible weight of 20,000 pounds.