AB648,21,1210
(a) Directly from a farmer's owned or leased land to the business location of an
11implement dealer that is within a 75-mile radius of the farmer's owned or leased
12land.
AB648,21,1513
(b) Directly from the business location of an implement dealer to a farmer's
14owned or leased land that is within a 75-mile radius of the implement dealer's
15business location.
AB648,39
16Section
39. 348.08 (1) (b) of the statutes is amended to read:
AB648,21,2417
348.08
(1) (b) Two
trailers used primarily as implements of husbandry
in
18connection with seasonal agricultural activities or one such trailer and any other
19implement of husbandry may, without such permit, be drawn by
a farm tractor if the
20operation of such combination of vehicles is exclusively a farming operation and not
21for the transportation of property for hire and, or attached to, another implement of
22husbandry if the overall length of such combination of vehicles does not exceed
60 2370 feet
, or 100 feet if the vehicle combination is traveling at a speed of not more than
2420 miles per hour.
AB648,40
25Section
40. 348.08 (1) (d) of the statutes is amended to read:
AB648,22,8
1348.08
(1) (d) Two trailers transporting empty pressurized or nonpressurized
2tanks used for hauling or storing liquid agricultural fertilizer or 2 implements of
3husbandry, including 2 empty trailers used primarily as implements of husbandry
4in connection with seasonal agricultural activities, may, without such permit, be
5drawn by a motor truck
or, truck tractor
, or agricultural commercial motor vehicle 6if the overall length of such combination of vehicles and load does not exceed
60 70 7feet
or, if the vehicle combination is traveling at a speed of not more than 20 miles
8per hour, 100 feet. For purposes of this paragraph, "empty" means less than 20% full.
AB648,41
9Section
41. 348.08 (2) of the statutes is amended to read:
AB648,22,1510
348.08
(2) Whenever any train of
agricultural vehicles implements of
11husbandry is being operated under sub. (1) (b), the train shall be equipped as
12provided in s. 347.21 (1m)
and (2). Whenever any train of agricultural vehicles is
13being operated under sub. (1) (d), the train shall be equipped as provided in s. 347.21
14(1)
and (2). The trailer hitches of a train
of agricultural vehicles described in this
15subsection shall be of a positive nature so as to prevent accidental release.
AB648,42
16Section
42. 348.09 (3) of the statutes is created to read:
AB648,22,1917
348.09
(3) This section does not apply if the load is an implement of husbandry
18or agricultural commercial motor vehicle being transported as provided in s. 348.05
19(2g).
AB648,43
20Section
43. 348.15 (3) (b) of the statutes is amended to read:
AB648,23,221
348.15
(3) (b) The gross weight imposed on the highway by the wheels of any
22one axle may not exceed 20,000 pounds
or, if the vehicle or combination of vehicles
23is an implement of husbandry or agricultural commercial motor vehicle, 23,000
24pounds. In addition, the gross weight imposed on the highway by the wheels of the
25steering axle of a truck tractor may not exceed 13,000 pounds unless the
1manufacturer's rated capacity of the axle and the tires is sufficient to carry the
2weight, but not to exceed 20,000 pounds.
AB648,44
3Section
44. 348.15 (3) (d) of the statutes is amended to read:
AB648,23,74
348.15
(3) (d) Notwithstanding
par.
pars. (c)
and (g), 2 consecutive sets of
5tandem axles may impose on the highway a gross load of 34,000 pounds each if the
6overall distance between the first and last axles of such consecutive sets of tandem
7axles is 36 feet or more.
AB648,45
8Section
45. 348.15 (3) (f) 2. of the statutes is amended to read:
AB648,23,159
348.15
(3) (f) 2. Notwithstanding pars. (a) to (c)
and (g), sub. (4), and ss. 348.17
10and 349.16, and subject to subd. 3., in the case of a heavy-duty vehicle equipped with
11idle reduction technology, the gross weight of the vehicle, and the gross weight
12imposed on the highway by the wheels of any one axle or axle group of the vehicle,
13may exceed the applicable weight limitation specified in pars. (a) to (c)
or (g) or posted
14as provided in s. 348.17 (1) by not more than 400 pounds or the weight of the idle
15reduction technology, whichever is less.
AB648,46
16Section
46. 348.15 (3) (g) of the statutes is created to read:
AB648,23,2217
348.15
(3) (g) Notwithstanding par. (c), if the vehicle or combination of vehicles
18is an implement of husbandry or agricultural commercial motor vehicle, the gross
19weight imposed on the highway by any group of 2 or more consecutive axles of the
20vehicle or vehicle combination may not exceed the maximum gross weights in the
21following table for each of the respective distances between axles and the respective
22numbers of axles of a group: [See Figure 348.15 (3) (g) following]
-
See PDF for table ![PDF](http://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
-
See PDF for table ![PDF](http://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB648,47
1Section
47. 348.15 (8) of the statutes is amended to read:
AB648,26,4
1348.15
(8) Unless the department provides otherwise by rule, any axle of a
2vehicle or combination of vehicles which does not impose on the highway at least 8%
3of the gross weight of the vehicle or combination of vehicles may not be counted as
4an axle for the purposes of sub. (3) (c)
and (g).
AB648,48
5Section
48. 348.15 (9) of the statutes is created to read:
AB648,26,96
348.15
(9) (a) Except as provided in pars. (c) and (e), the increased weight
7allowance for implements of husbandry and agricultural commercial motor vehicles
8under sub. (3) (b) and (g) applies in lieu of, not in addition to, any other increased
9weight allowance for implements of husbandry authorized under this chapter.
AB648,26,1210
(b) Except as provided in par. (e), the maximum gross weight for an implement
11of husbandry or agricultural commercial motor vehicle operated on a highway
12without a permit may not exceed 92,000 pounds.
AB648,26,1913
(c) 1. Notwithstanding sub. (3) (b), (c), and (g), there is no weight limitation per
14wheel, axle, or group of axles for an implement of husbandry that is an empty potato
15harvester if, subject to subd. 2., the potato harvester is accompanied by one or more
16escort vehicles operating with hazard lights activated, except that such a potato
17harvester is subject to any weight limitation posted as provided in s. 348.17 (1).
18Except as provided in par. (e), a potato harvester is subject to the maximum gross
19weight limitation for implements of husbandry specified in par. (b).
AB648,26,2220
2. A potato harvester is not required to be accompanied by any escort vehicle
21under subd. 1. if the potato harvester is traveling between fields and operated on the
22highway for a distance of 0.25 miles or less.
AB648,26,2523
(d) The increased weight allowance for implements of husbandry and
24agricultural commercial motor vehicles under sub. (3) (b) and (g) does not apply on
25any highway that is a part of the national system of interstate and defense highways.
AB648,27,8
1(e) 1. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), but subject to subd.
23., there is no weight limitation per wheel, axle, or group of axles, and no gross weight
3limitation, for an implement of husbandry or agricultural commercial motor vehicle
4while being operated or transported by an implement dealer or farmer for purposes
5of delivery, repair, or servicing of the implement of husbandry or agricultural
6commercial motor vehicle if the implement of husbandry or agricultural commercial
7motor vehicle is being operated or transported under either of the following
8circumstances:
AB648,27,119
a. Directly from a farmer's owned or leased land to the business location of an
10implement dealer that is within a 75-mile radius of the farmer's owned or leased
11land.
AB648,27,1412
b. Directly from the business location of an implement dealer to a farmer's
13owned or leased land that is within a 75-mile radius of the implement dealer's
14business location.
AB648,27,1915
2. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), but subject to subd. 3.,
16there is no weight limitation per wheel, axle, or group of axles, and no gross weight
17limitation, for an implement of husbandry described in s. 340.01 (24) (a) 1. b. that is
18traveling between fields and operated on the highway for a distance of 0.25 miles or
19less.
AB648,27,2220
3. Subdivisions 1. and 2. do not apply on any highway that is a part of the
21national system of interstate and defense highways or that is posted with a weight
22limitation as provided in s. 348.17 (1).
AB648,49
23Section
49. 348.16 (2) of the statutes is amended to read:
AB648,28,624
348.16
(2) Except as provided in sub. (3) and s. 348.175 and subject to any
25modifications made by a city of the first class pursuant to s. 349.15 (3), no person,
1without a permit therefor, shall operate on a class "B" highway any vehicle or
2combination of vehicles imposing wheel, axle, group of axles, or gross weight on the
3highway exceeding 60 percent of the weights authorized in s. 348.15 (3).
This
4subsection does not apply to a potato harvester or an implement of husbandry or
5agricultural commercial motor vehicle being operated or transported as described in
6s. 348.15 (9) (e).
AB648,50
7Section
50. 348.17 (5) of the statutes is renumbered 348.17 (5) (a) and
8amended to read:
AB648,28,169
348.17
(5) (a) From September 1 to December 31 of each year, no permit shall
10be required for the transportation of corn, soybeans, potatoes, vegetables, or
11cranberries from the field to storage on the grower's owned or leased land, from the
12field to initial storage at a location not owned or leased by the grower, or from the field
13to initial processing in a vehicle or combination of vehicles
having a registered gross
14weight of 50,000 pounds or more or described in s. 340.01 (24) (b) that exceeds the
15weight limitations under s. 348.15 by not more than 15 percent
. and that satisfies
16any of the following:
AB648,28,18
17(b) This subsection does not apply to the national system of interstate and
18defense highways, except for that portion of I 39 between USH 51 and I 90/94.
AB648,51
19Section
51. 348.17 (5) (a) 1. and 2. of the statutes are created to read:
AB648,28,2020
348.17
(5) (a) 1. Has a registered gross weight of 50,000 pounds or more.
AB648,28,2321
2. Is a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor
22or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the
23vehicle or combination is a commercial motor vehicle operated on a highway.
AB648,52
24Section
52. 348.17 (6) (a) 2. of the statutes is amended to read:
AB648,29,4
1348.17
(6) (a) 2. Is
described in s. 340.01 (24) (b) a motor truck, farm truck, road
2tractor, truck tractor, or farm truck tractor or such a vehicle combined with a
3semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial
4motor vehicle operated on a highway.
AB648,53
5Section
53. 348.17 (6) (a) 3. of the statutes is repealed.
AB648,54
6Section
54. 348.21 (3) (intro.) of the statutes is amended to read:
AB648,29,117
348.21
(3) (intro.) Except as provided in sub. (3g),
and subject to sub. (3t), any
8person violating s. 348.15 or 348.16 or any weight limitation posted as provided in
9s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized under s. 348.17
10(3), (5), or (6) or in an overweight permit issued under s. 348.26 or 348.27 may be
11penalized as follows:
AB648,55
12Section
55. 348.21 (3t) of the statutes is created to read:
AB648,29,1413
348.21
(3t) (a) In the case of a violation of s. 348.15 (3) (g), the penalty shall be
14computed on the basis of the weights stated in s. 348.15 (3) (c).
AB648,29,1715
(b) In the case of a violation of s. 348.15 (3) (b) involving an implement of
16husbandry or agricultural commercial motor vehicle, the penalty shall be computed
17on the basis of a permissible weight of 20,000 pounds.
AB648,56
18Section
56. 348.25 (4) (intro.) of the statutes is amended to read:
AB648,29,2319
348.25
(4) (intro.) Except as provided under s. 348.26 (4), (6), or (7) or 348.27
20(3), (3m), (4m), (9), (9m), (9r), (9t), (10), (12), (15), (16),
or (18),
or (19), permits shall
21be issued only for the transporting of a single article or vehicle which exceeds
22statutory size, weight or load limitations and which cannot reasonably be divided or
23reduced to comply with statutory size, weight or load limitations, except that:
AB648,57
24Section
57. 348.25 (8) (b) (intro.) of the statutes is amended to read:
AB648,30,5
1348.25
(8) (b) (intro.)
Unless
Except as provided in s. 348.27 (19) (c) 5., unless 2a different fee is specifically provided, the department shall charge the following fees
3for the first permit and each subsequent or revalidated annual or multiple trip
4permit issued under s. 348.27 except that no fee may be charged for the amendment
5of a permit under s. 348.27 (3m):
AB648,58
6Section
58. 348.25 (8) (e) of the statutes is amended to read:
AB648,30,107
348.25
(8) (e)
The Except as provided in s. 348.27 (19) (c) 5., the officer or agency
8authorized to issue a permit under s. 348.26 or 348.27 may require any applicant for
9a permit under s. 348.26 or 348.27 to pay the cost of any special investigation
10undertaken to determine whether a permit should be approved or denied.
AB648,59
11Section
59. 348.25 (8) (f) of the statutes is amended to read:
AB648,30,1612
348.25
(8) (f) Any local officer or agency authorized to issue a permit under s.
13348.26 or 348.27 may charge a permit issuance fee for each permit issued under s.
14348.26 and for the first and each subsequent or revalidated permit issued under s.
15348.27. This paragraph does not apply to the amendment of a permit under s. 348.27
16(3m)
or to a permit issued under s. 348.27 (19).
AB648,60
17Section
60. 348.27 (14) of the statutes is repealed.
AB648,61
18Section
61. 348.27 (19) of the statutes is created to read:
AB648,30,2119
348.27
(19) No-fee permits for implements of husbandry and agricultural
20commercial motor vehicles that exceed length or weight limitations. (a) In this
21subsection, "maintaining authority" means the following:
AB648,30,2222
1. The department or its designee, with respect to state trunk highways.
AB648,30,2523
2. The municipality or county responsible for maintenance of the highway or
24its designee, with respect to any highway that is not a state trunk highway, including
25any connecting highway.
AB648,31,9
1(b) 1. Subject to subd. 3. and par. (c), a person may apply to the maintaining
2authority of a highway for an annual or consecutive month, no-fee permit to operate
3an implement of husbandry or agricultural commercial motor vehicle that exceeds
4limitations on length or weight, or both, imposed by this chapter. Upon receiving an
5application for a no-fee permit under this subsection, the maintaining authority
6shall provide the applicant with a final decision on the application within 3 weeks
7of its receipt. If the maintaining authority fails to approve or deny the application
8within this period, the application is considered approved until the applicant
9receives a denial meeting the requirements under subd. 4.
AB648,31,1810
2. Subject to subd. 3. and par. (c), any person to whom a no-fee permit has been
11issued under this subsection may, at any time, apply for an amendment to the permit
12to reflect a change in the applicant's circumstances or information, including a
13change in the listing or map of highways to be traveled. Upon receiving an
14application for amendment under this subdivision, the maintaining authority shall
15provide the applicant with a decision on the application within 5 business days of its
16receipt. If the maintaining authority fails to approve or deny the application within
17this period, the application is considered approved until the applicant receives a
18denial meeting the requirements under subd. 4.
AB648,31,2019
3. Except as provided in subd. 5. b., an application under subd. 1. or 2. shall be
20made on the form prescribed by the department under par. (d) 1.
AB648,32,221
4. If a maintaining authority denies a permit application under subd. 1. or 2.,
22it shall notify the applicant in writing of the denial and the notice shall include a
23reasonable and structurally based explanation of the denial that relates to the
24preservation of the roadway. If the application is made with respect to an implement
25of husbandry described in s. 340.01 (24) (a) 1. b., any denial shall also include an
1approved alternate route or map of highways for operation of the implement of
2husbandry.
AB648,32,93
5. a. The governing body of a municipality may, by resolution or ordinance,
4authorize operation on any or all highways under the municipality's jurisdiction of
5implements of husbandry and agricultural commercial motor vehicles that exceed
6limitations on length or weight, or both, imposed by this chapter. A resolution or
7ordinance adopted under this subd. 5. a. is valid only for one calendar year and, to
8be valid in any succeeding calendar year, must be reaffirmed by the governing body
9of the municipality.
AB648,32,1510
b. If a person applies for a no-fee permit to operate an implement of husbandry
11or agricultural commercial motor vehicle on a highway for which authorization is
12provided by resolution or ordinance under subd. 5. a., then subd. 3. and par. (c) 3. do
13not apply to the application and the maintaining authority may respond with a form
14letter and a copy of the resolution or ordinance, which shall serve as the approved
15permit under this subsection.
AB648,32,2016
(c) 1. With respect to any highway under its jurisdiction, a maintaining
17authority may issue an annual or consecutive month, no-fee permit authorizing
18operation on the highway of an implement of husbandry or agricultural commercial
19motor vehicle that exceeds limitations on length or weight, or both, imposed by this
20chapter if the applicable requirements of this subsection are satisfied.
AB648,32,2421
2. A no-fee permit issued under this subsection does not exempt any implement
22of husbandry or agricultural commercial motor vehicle from complying with all
23equipment and other requirements for an implement of husbandry or agricultural
24commercial motor vehicle specified in ch. 347.
AB648,33,3
13. Except as provided in par. (b) 5. b., an application for a no-fee permit under
2this subsection shall be accompanied by a listing or map of the highways that may
3potentially be traveled under authorization of the permit.
AB648,33,54
4. A no-fee permit issued under this subsection is not valid on any highway that
5is a part of the national system of interstate and defense highways.
AB648,33,86
5. No fee may be charged for issuance or amendment of a permit under this
7subsection, or for any study, investigation, or other review in connection with an
8application for a permit or amendment of a permit under this subsection.
AB648,33,139
(d) 1. The department shall prescribe an application form for no-fee permits,
10and amendments to no-fee permits, under this subsection. Except with respect to
11permits under par. (b) 5. b., this form shall be used by each maintaining authority.
12The application form shall require the applicant to provide, on the form or as an
13attachment, all of the following information:
AB648,33,1414
a. The applicant's contact information.
AB648,33,1615
b. A listing or map of the highways that may potentially be traveled under
16authorization of the permit.
AB648,33,2217
c. Identification of the types of implements of husbandry or agricultural
18commercial motor vehicles for which the application is made; the length, number of
19axles, make, model, and estimated weight of the implements of husbandry or
20agricultural commercial motor vehicles; and the time of year and frequency that
21these implements of husbandry or agricultural commercial motor vehicles are
22expected to be operated on the highway.
AB648,33,2423
d. Changes to the original application when requesting an amendment to a
24previously issued no-fee permit.
AB648,34,2
1e. Any other information considered necessary by the department to determine
2the acceptability of the application.
AB648,34,83
2. The department shall prescribe a procedure for the submission of
4applications to the maintaining authority under par. (b) 1. and 2. The procedure
5shall allow an application to be submitted by mail, including certified mail, by
6electronic transmission, or in person, and shall include a method for accurately
7documenting the date of receipt of the application regardless of which delivery
8method is used.
AB648,34,109
(e) 1. In this paragraph, "adverse determination" means the denial of an
10application for issuance or amendment of a no-fee permit under this subsection.
AB648,34,1811
2. Notwithstanding s. 348.25 (9), any person aggrieved by an adverse
12determination by a municipality or county may obtain review of the adverse
13determination in the manner provided in ch. 68 or as provided under an ordinance
14or resolution adopted under s. 68.16. However, review of the initial determination
15of the municipality or county, under s. 68.09 or 68.10 or under the equivalent
16provision of an ordinance or resolution adopted by a municipality under s. 68.16,
17shall be made by, respectively, the governing body of the municipality or the county
18highway committee of the county.
AB648,34,2019
3. Any person aggrieved by an adverse determination by the department may
20petition as provided in s. 348.25 (9).
AB648,62
21Section
62
.
Nonstatutory provisions.
AB648,35,222
(1) No later than the 30th day after the effective date of this subsection, the
23department of transportation shall prescribe the form and procedures specified in
24section 348.27 (19) (d) of the statutes, as created by this act. For purposes of this
1subsection, the form and procedures shall not be considered a rule under section
2227.01 (13) of the statutes.
AB648,35,63
(2) Notwithstanding section 348.27 (19) (b) 3. and (d) 1. of the statutes, as
4created by this act, applications under section 348.27 (19) (b) 1. and 2. of the statutes,
5as created by this act, are not required to be made on the form prescribed under
6section 348.27 (19) (d) 1. of the statutes, as created by this act, until January 1, 2015.
AB648,35,137
(3) Notwithstanding section 13.096 (2) of the statutes, the department of
8transportation shall not prepare a report on this bill under section 13.096 (2) and (3)
9of the statutes because the department recently completed the Implements of
10Husbandry Study, with a Phase II report dated July 31, 2013, and a Phase II
11addendum report dated September 20, 2013, which contained the same or similar
12information that would be contained in a report on this bill under section 13.096 (2)
13and (3) of the statutes.
AB648,63
14Section
63.
Effective dates. This act takes effect on the 30th day after the
15day of publication, except as follows:
AB648,35,1616
(1)
Section 62 (1
) and (3) of this act takes effect on the day after publication.
AB648,35,2217
(2) The treatment of sections 100.47 (2) (c), 346.05 (1) (g), 346.09 (1), 346.13 (1),
18(2), (3), and (4), 347.21 (1m) and (2), 347.22 (2), 347.24 (3), 347.245 (1) and (5), 347.25
19(2g), and 348.05 (2) (a) (by
Section 27
) of the statutes, the renumbering and
20amendment of section 348.05 (2g) of the statutes, and the creation of section 348.05
21(2g) (b) of the statutes take effect on the first day of the 19th month beginning after
22publication.
AB648,35,2523
(3) The treatment of section 100.47 (4) (intro.) of the statutes, the renumbering
24of section 100.47 (3) of the statutes, and the creation of section 100.47 (3) (b) of the
25statutes take effect on the first day of the 3rd month beginning after publication.