SB509: Bill Text

SB509,27 Section 27 . 348.05 (2) (a) of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

SB509,18,25 348.05 (2) (a) No Subject to ss. 347.24 (3), 347.245 (1), and 347.25 (2g), no limitation for implements of husbandry.

SB509,28 Section 28. 348.05 (2) (am) of the statutes is created to read:

SB509,19,6 348.05 (2) (am) Ten feet for an agricultural commercial motor vehicle, except that, if the agricultural commercial motor vehicle is operated for purposes of 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.

SB509,29 Section 29. 348.05 (2) (c) of the statutes is repealed.

SB509,30 Section 30. 348.05 (2g) of the statutes is created to read:

SB509,19,13 348.05 (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:

SB509,19,16 (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.

SB509,19,19 (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.

SB509,31 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:

SB509,20,2 348.05 (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:

SB509,32 Section 32. 348.05 (2g) (b) of the statutes is created to read:

SB509,20,9 348.05 (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.

SB509,33 Section 33. 348.05 (3) of the statutes is repealed.

SB509,34 Section 34. 348.06 (2) of the statutes is amended to read:

SB509,20,16 348.06 (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, including any utility line.

SB509,35 Section 35. 348.07 (1) of the statutes is amended to read:

SB509,20,21 348.07 (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).

SB509,36 Section 36. 348.07 (2) (e) of the statutes is renumbered 348.07 (2) (e) 2. and amended to read:

SB509,20,25 348.07 (2) (e) 2. No limitation One hundred feet for implements of husbandry temporarily operated upon a highway that are 2-vehicle combinations.

SB509,37 Section 37. 348.07 (2) (e) 1. of the statutes is created to read:

SB509,21,3 348.07 (2) (e) 1. Sixty feet for an implement of husbandry that is a single vehicle.

SB509,38 Section 38. 348.07 (2m) of the statutes is created to read:

SB509,21,9 348.07 (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:

SB509,21,12 (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.

SB509,21,15 (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.

SB509,39 Section 39. 348.08 (1) (b) of the statutes is amended to read:

SB509,21,24 348.08 (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 20 miles per hour.

SB509,40 Section 40. 348.08 (1) (d) of the statutes is amended to read:

SB509,22,8 348.08 (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 20 miles per hour, 100 feet. For purposes of this paragraph, "empty" means less than 20% full.

SB509,41 Section 41. 348.08 (2) of the statutes is amended to read:

SB509,22,15 348.08 (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.

SB509,42 Section 42. 348.09 (3) of the statutes is created to read:

SB509,22,19 348.09 (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).

SB509,43 Section 43. 348.15 (3) (b) of the statutes is amended to read:

SB509,23,2 348.15 (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, 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.

SB509,44 Section 44. 348.15 (3) (d) of the statutes is amended to read:

SB509,23,7 348.15 (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.

SB509,45 Section 45. 348.15 (3) (f) 2. of the statutes is amended to read:

SB509,23,15 348.15 (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.

SB509,46 Section 46. 348.15 (3) (g) of the statutes is created to read:

SB509,23,22 348.15 (3) (g) Notwithstanding par. (c), if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle, 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

SB509,47 Section 47. 348.15 (8) of the statutes is amended to read:

SB509,26,4 348.15 (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).

SB509,48 Section 48. 348.15 (9) of the statutes is created to read:

SB509,26,9 348.15 (9) (a) Except as provided in pars. (c) and (e), 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.

SB509,26,12 (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.

SB509,26,19 (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).

SB509,26,22 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 and operated on the highway for a distance of 0.25 miles or less.

SB509,26,25 (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.

SB509,27,8 (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:

SB509,27,11 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.

SB509,27,14 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.

SB509,27,19 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 and operated on the highway for a distance of 0.25 miles or less.

SB509,27,22 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).

SB509,49 Section 49. 348.16 (2) of the statutes is amended to read:

SB509,28,6 348.16 (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 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).

SB509,50 Section 50. 348.17 (5) of the statutes is renumbered 348.17 (5) (a) and amended to read:

SB509,28,16 348.17 (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 any of the following:

SB509,28,18 (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.

SB509,51 Section 51. 348.17 (5) (a) 1. and 2. of the statutes are created to read:

SB509,28,20 348.17 (5) (a) 1. Has a registered gross weight of 50,000 pounds or more.

SB509,28,23 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.

SB509,52 Section 52. 348.17 (6) (a) 2. of the statutes is amended to read:

SB509,29,4 348.17 (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.

SB509,53 Section 53. 348.17 (6) (a) 3. of the statutes is repealed.

SB509,54 Section 54. 348.21 (3) (intro.) of the statutes is amended to read:

SB509,29,11 348.21 (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:

SB509,55 Section 55. 348.21 (3t) of the statutes is created to read:

SB509,29,14 348.21 (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).

SB509,29,17 (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.

SB509,56 Section 56. 348.25 (4) (intro.) of the statutes is amended to read:

SB509,29,23 348.25 (4) (intro.) Except as provided under s. 348.26 (4), (6), or (7) or 348.27 (3), (3m), (4m), (9), (9m), (9r), (9t), (10), (12), (15), (16), or (18), or (19), permits shall be issued only for the transporting of a single article or vehicle which exceeds statutory size, weight or load limitations and which cannot reasonably be divided or reduced to comply with statutory size, weight or load limitations, except that:

SB509,57 Section 57. 348.25 (8) (b) (intro.) of the statutes is amended to read:

SB509,30,5 348.25 (8) (b) (intro.) Unless Except as provided in s. 348.27 (19) (c) 5., unless a different fee is specifically provided, the department shall charge the following fees for the first permit and each subsequent or revalidated annual or multiple trip permit issued under s. 348.27 except that no fee may be charged for the amendment of a permit under s. 348.27 (3m):

SB509,58 Section 58. 348.25 (8) (e) of the statutes is amended to read:

SB509,30,10 348.25 (8) (e) The Except as provided in s. 348.27 (19) (c) 5., the officer or agency authorized to issue a permit under s. 348.26 or 348.27 may require any applicant for a permit under s. 348.26 or 348.27 to pay the cost of any special investigation undertaken to determine whether a permit should be approved or denied.

SB509,59 Section 59. 348.25 (8) (f) of the statutes is amended to read:

SB509,30,16 348.25 (8) (f) Any local officer or agency authorized to issue a permit under s. 348.26 or 348.27 may charge a permit issuance fee for each permit issued under s. 348.26 and for the first and each subsequent or revalidated permit issued under s. 348.27. This paragraph does not apply to the amendment of a permit under s. 348.27 (3m) or to a permit issued under s. 348.27 (19).

SB509,60 Section 60. 348.27 (14) of the statutes is repealed.

SB509,61 Section 61. 348.27 (19) of the statutes is created to read:

SB509,30,21 348.27 (19) No-fee permits for implements of husbandry and agricultural commercial motor vehicles that exceed length or weight limitations. (a) In this subsection, "maintaining authority" means the following:

SB509,30,22 1. The department or its designee, with respect to state trunk highways.

SB509,30,25 2. The municipality or county responsible for maintenance of the highway or its designee, with respect to any highway that is not a state trunk highway, including any connecting highway.

SB509,31,9 (b) 1. Subject to subd. 3. and par. (c), a person may apply to the maintaining authority of a highway for an annual or consecutive month, no-fee permit to operate an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter. Upon receiving an application for a no-fee permit under this subsection, the maintaining authority shall provide the applicant with a final decision on the application within 3 weeks of its receipt. If the maintaining authority fails to approve or deny the application within this period, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4.

SB509,31,18 2. Subject to subd. 3. and par. (c), any person to whom a no-fee permit has been issued under this subsection may, at any time, apply for an amendment to the permit to reflect a change in the applicant's circumstances or information, including a change in the listing or map of highways to be traveled. Upon receiving an application for amendment under this subdivision, the maintaining authority shall provide the applicant with a decision on the application within 5 business days of its receipt. If the maintaining authority fails to approve or deny the application within this period, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4.

SB509,31,20 3. Except as provided in subd. 5. b., an application under subd. 1. or 2. shall be made on the form prescribed by the department under par. (d) 1.

SB509,32,2 4. If a maintaining authority denies a permit application under subd. 1. or 2., it shall notify the applicant in writing of the denial and the notice shall include a reasonable and structurally based explanation of the denial that relates to the preservation of the roadway. If the application is made with respect to an implement of husbandry described in s. 340.01 (24) (a) 1. b., any denial shall also include an approved alternate route or map of highways for operation of the implement of husbandry.

SB509,32,9 5. a. The governing body of a municipality may, by resolution or ordinance, authorize operation on any or all highways under the municipality's jurisdiction of implements of husbandry and agricultural commercial motor vehicles that exceed limitations on length or weight, or both, imposed by this chapter. A resolution or ordinance adopted under this subd. 5. a. is valid only for one calendar year and, to be valid in any succeeding calendar year, must be reaffirmed by the governing body of the municipality.