SB448: Bill Text

LRB-3992/1

ARG:ahe

2015 - 2016 LEGISLATURE

2015 Senate BILL 448

December 11, 2015 - Introduced by Senators Petrowski, Cowles, Gudex, Marklein, Moulton, Olsen and Vinehout, cosponsored by Representatives Ripp, Kremer and A. Ott, by request of Wisconsin Farm Bureau Federation. Referred to Committee on Transportation and Veterans Affairs.

SB448,2,2 An Act to renumber and amend 348.05 (2g) (b) and 348.09 (3); to amend 100.47 (3) (b), 340.01 (16), 341.05 (7), 347.02 (1) (a), 347.21 (1), 347.22 (title) and (1), 347.22 (2), 347.24 (1) (a), 347.24 (3) (b) (intro.), 347.24 (3) (bm) (intro.), 347.245 (1), 347.245 (2), 347.245 (4), 347.245 (5), 347.25 (2g), 347.27 (3), 347.45 (2) (intro.), 347.45 (2) (a), 348.05 (2) (am), 348.05 (2g) (a) (intro.), 348.05 (3m) (a), 348.05 (3m) (b), 348.05 (3m) (c), 348.06 (2) (intro.), 348.07 (2) (e) 2., 348.07 (2r), 348.15 (3) (b), 348.15 (3) (g) (intro.), 348.15 (9) (a), 348.15 (9) (b), 348.15 (9) (c) 2., 348.15 (9) (cm), 348.15 (9) (e) 2., 348.15 (9) (e) 4., 348.15 (9) (f) 1m., 348.27 (19) (b) 1., 348.27 (19) (b) 5. a., 348.27 (19) (c) 1m., 348.27 (19) (cm) and 348.27 (19) (d) 1. (intro.); and to create 348.01 (2) (cm), 348.05 (2g) (c), 348.05 (3r), 348.05 (3t), 348.09 (3) (b), 348.27 (19) (c) 11., 348.27 (19) (cr) and 348.27 (19) (d) 1m. of the statutes; relating to: implements of husbandry and agricultural commercial motor vehicles operated or transported on highways.

Analysis by the Legislative Reference Bureau

This bill makes changes related to the permissible width of, and other matters pertaining to, implements of husbandry and agricultural commercial motor vehicles (agricultural CMVs) operated or transported on highways.

Current law defines an implement of husbandry as a self-propelled or towed vehicle that is manufactured, designed, or reconstructed to be used and that is exclusively used in the conduct of agricultural operations. An implement of husbandry may include a farm tractor, a towed vehicle such as a manure trailer, or other farm equipment such as a combine, harvester, or other vehicles harvesting farm products, applying fertilizer, spray, or seeds, or distributing feed to livestock. An implement of husbandry may include a combination of vehicles. An agricultural CMV is a commercial motor vehicle that 1) is substantially designed or equipped, or materially altered from its original construction, for the purpose of agricultural use; 2) was designed and manufactured primarily for highway use and, with an exception, was manufactured to meet federal motor vehicle highway safety standards; and 3) is used exclusively in the conduct of agricultural operations and for specified agricultural purposes, including applying fertilizer, spray, or seeds to a farm field, assisting another vehicle harvesting farm products, or distributing feed to livestock. An agricultural CMV is not an implement of husbandry.

Current law imposes certain lighting and marking requirements for vehicles operated on highways, including requirements specifically applicable to implements of husbandry that are more than 15 feet wide or that partly extend over the center of the roadway (wide implements of husbandry). With an exception, a person may not operate on a highway a wide implement of husbandry manufactured before January 1, 2014, unless it is equipped with all of the following: 1) at least two amber flashing warning lamps, visible from both the front and rear; 2) red retroreflective conspicuity material, visible to the rear; 3) at least two strips of yellow retroreflective conspicuity material, visible to the front; and 4) at least two red tail lamps. The required lamps must be lighted and visible when the wide implement of husbandry is operated on a highway and the lamps and conspicuity material must generally be mounted so as to indicate the lateral extremities of the implement of husbandry. Under the exception, if the wide implement of husbandry manufactured before January 1, 2014, is operated during daylight hours, it may be operated if it is accompanied by an escort vehicle with hazard lights activated and it has attached to the rear two orange or red flags marking the extreme left and extreme right of the implement of husbandry. A wide implement of husbandry manufactured before January 1, 2014, must also display on the rear a slow moving vehicle (SMV) emblem. In addition, a self-propelled implement of husbandry manufactured before January 1, 2014, that is more than 12 feet wide may not be operated on a highway unless it is equipped with a yellow or amber strobe or beacon light, or two flashing amber lights, which are activated. An implement of husbandry manufactured on or after January 1, 2014, may not be operated on a highway unless it is equipped with all lighting and marking devices with which the implement of husbandry was originally equipped by the manufacturer and all such lighting and marking devices are in good working order and visible at the time of operation.

Under this bill, these lighting and marking requirements that currently apply to wide implements of husbandry manufactured before January 1, 2014, instead apply to all wide implements of husbandry, regardless of the date of manufacture. Wide implements of husbandry manufactured on or after January 1, 2014, must still have all lighting and marking devices with which they were originally manufactured. The bill also requires the display of an SMV emblem on the rear of any implement of husbandry, not just a wide implement of husbandry, but only if the implement of husbandry usually travels at speeds of less than 25 miles per hour. The bill eliminates authorization to use an SMV emblem instead of a reflector or light on the side of certain agricultural vehicle trains.

Under current law, no person may operate on a highway any vehicle or combination of vehicles that exceeds certain statutory size or weight limits unless the person obtains a permit issued by the Department of Transportation (DOT) or a local highway authority or unless an exception applies. Statutory restrictions on vehicle size and weight generally apply to the vehicle as loaded.

Under current law, unless an exception applies, a person may not, without a permit, operate on a highway any vehicle having a total width in excess of eight feet six inches. Under one exception, there is no width limit for implements of husbandry operated on a highway, although wide implements of husbandry are subject to the lighting and marking requirements discussed above. Under another exception, an agricultural CMV may be operated without a permit if it does not exceed 10 feet in total width or 12 feet if it is operated for purposes of spraying pesticides or spreading lime or fertilizer and has extending tires, fenders, or fender flares.

Under this bill, this width exception for an agricultural CMV does not apply on an interstate highway, so the width limit on an interstate highway for an agricultural CMV is the standard limit of eight feet six inches.

Under another width exception in current law, there is no width limit for an implement of husbandry being operated or transported by an implement dealer or farmer for purposes of repair, servicing, or delivery if certain conditions are met, although wide implements of husbandry are subject to the lighting and marking requirements discussed above.

This bill modifies this exception for transported implements of husbandry. Under the bill, this exception does not apply on an interstate highway if the implement of husbandry is being transported by trailer or semitrailer, but does apply if the implement of husbandry is being towed. Also, if the implement of husbandry is a wide implement of husbandry being transported by trailer or semitrailer, the bill provides that the lighting and marking requirements described above do not apply except the requirement that the wide implement of husbandry have at least two amber flashing warning lamps, lighted and visible from both the front and rear, and mounted to indicate the lateral extremities.

The bill also creates a new width exception for agricultural CMVs under which the 10 feet or 12 feet width limit for agricultural CMVs described above also applies to agricultural CMVs being operated or transported by trailer or semitrailer by an implement dealer or farmer for purposes of repair, servicing, or delivery if certain conditions are met. However, this exception does not apply to an agricultural CMV operated or transported on an interstate highway. Also, a person may not transport by trailer or semitrailer an agricultural CMV exceeding eight feet six inches in width unless the agricultural CMV has at least two amber flashing warning lamps, lighted and visible from both the front and rear, that are mounted to indicate the lateral extremities.

Under another width exception in current law, there is no width limit for implements of husbandry being transported by trailer or semitrailer on a highway from farm to field, from field to field, or from farm to farm, during daylight hours, although wide implements of husbandry are subject to the lighting and marking requirements described above and this authorization does not apply to interstate highways except a portion of I 39.

This bill modifies this exception in several ways. First, under the bill, this exception applies to an implement of husbandry being transported to or from a farm-related destination, instead of from farm to field, from field to field, or from farm to farm. The bill defines "to or from a farm-related destination" to mean movement between or among farms, fields, agricultural storage or processing facilities, locations where an implement of husbandry is stored, or any combination of these. Second, the bill specifies that this exception does not apply on any interstate highway, including I 39. Third, the bill provides that, if the implement of husbandry being transported is a wide implement of husbandry, the lighting and marking requirements described above do not apply except the requirement that the wide implement of husbandry have at least two amber flashing warning lamps, lighted and visible from both the front and rear, and mounted to indicate the lateral extremities.

The bill also creates a new width exception for agricultural CMVs under which the 10 feet or 12 feet width limit for agricultural CMVs described above also applies to agricultural CMVs being transported by trailer or semitrailer on a highway, except an interstate highway, to or from a farm-related destination, during daylight hours. The bill defines "to or from a farm-related destination" to mean movement between or among farms, fields, agricultural storage or processing facilities, locations where an agricultural commercial motor vehicle is stored, or any combination of these. However, if the agricultural CMV exceeds eight feet six inches in width, it must have at least two amber flashing warning lamps, lighted and visible from both the front and rear, and mounted to indicate the lateral extremities.

Under current law, DOT and local authorities issue annual or consecutive month permits, referred to as "no-fee permits," for implements of husbandry and agricultural CMVs that exceed statutory length or weight limits. These permits may also be issued for two-vehicle combinations transporting by trailer or semitrailer an implement of husbandry or agricultural CMV from farm to field, from field to field, or from farm to farm. Various provisions of current law relating to vehicle size or weight also apply to two-vehicle combinations transporting by trailer or semitrailer an implement of husbandry or agricultural CMV from farm to field, from field to field, or from farm to farm.

This bill replaces, in these provisions relating to vehicle size and weight and no-fee permits, the phrase "from farm to field, from field to field, or from farm to farm" with the phrase "to or from a farm-related destination," which the bill defines as described above. The bill also provides that a wide implement of husbandry being transported under a no-fee permit is required to be equipped with at least two amber flashing warning lamps, lighted and visible from both the front and rear, and mounted to indicate the lateral extremities, but is not otherwise required to comply with all of the lighting and marking requirements described above. In addition, an agricultural CMV exceeding eight feet six inches in width and being transported under a permit must have at least two amber flashing warning lamps, lighted and visible from both the front and rear, and mounted to indicate the lateral extremities.

The bill also provides for issuance of a single no-fee permit to identify multiple identical implements of husbandry or agricultural CMVs to be operated on the same highways under the permit. The permittee may make copies of the permit and carry a copy, in lieu of the original, on any implement of husbandry or agricultural CMV identified in the permit.

Under current law, with exceptions, no person in the business of selling a tractor or other machinery used in the business of farming (farm equipment) may sell farm equipment that can be operated on a highway unless, at the time of sale, the person who sells the farm equipment discloses to the buyer the gross vehicle weight and axle weights of the farm equipment.

This bill requires this disclosure to be in writing and specifies that the weights disclosed are the weights of the unladen farm equipment at the point of sale.

Under current law, a farm tractor is not required to be registered with DOT, even if it is operated on the highway, if the farm tractor is used exclusively in agricultural operations; used exclusively to provide power for other machinery; used for special occasions such as parades or vehicle club events; or used for occasional personal use, but not for regular daily transportation.

Under this bill, this registration exemption for a farm tractor operated on the highway applies to a farm tractor used for testing, maintenance, and storage purposes, but no longer applies to a farm tractor used for occasional personal use. The bill also modifies the definition of farm tractor.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB448,1 Section 1. 100.47 (3) (b) of the statutes, as affected by 2015 Wisconsin Act 15, is amended to read:

SB448,6,4 100.47 (3) (b) No person in the business of selling farm equipment may sell farm equipment that can be operated on a highway unless, at the time of sale, the person who sells the farm equipment discloses to the buyer in writing the gross vehicle weight and axle weights of the unladen farm equipment at the point of sale.

SB448,2 Section 2. 340.01 (16) of the statutes is amended to read:

SB448,6,8 340.01 (16) "Farm tractor" means a motor vehicle designed and used primarily as a farm an implement of husbandry for drawing plows, mowing machines and, or having attached to it, other implements of husbandry.

SB448,3 Section 3. 341.05 (7) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB448,6,17 341.05 (7) The vehicle is a farm tractor used exclusively in agricultural operations, including threshing, or used exclusively to provide power to drive other machinery, or to transport from job to job machinery driven by a farm tractor; used for special occasions such as display and parade purposes or for participation in tractor or antique vehicle clubs, including traveling to and from such events; or used for occasional personal use, but not for regular daily transportation testing, maintenance, and storage purposes.

SB448,4 Section 4. 347.02 (1) (a) of the statutes is amended to read:

SB448,6,19 347.02 (1) (a) Farm tractors and self-propelled farm implements.

SB448,5 Section 5. 347.21 (1) of the statutes is amended to read:

SB448,7,3 347.21 (1) No person shall operate on a highway during hours of darkness any train of vehicles authorized by s. 348.08 (1) (d) unless there is mounted on each side of every vehicle in such train, including farm tractors and implements of husbandry, at least one lamp emitting a red or amber light visible from a distance of 500 feet to the side of the vehicle on which mounted or, in lieu thereof, at least one red or amber reflector or, notwithstanding s. 347.245, one slow moving vehicle emblem visible from all distances within 500 feet to 50 feet of the side of the vehicle when directly in front of lawful upper beams of headlamps.

SB448,6 Section 6. 347.22 (title) and (1) of the statutes are amended to read:

SB448,7,11 347.22 (title) Lamps on farm tractors, self-propelled farm implements of husbandry, and lightweight utility vehicles. (1) No person shall operate or park a farm tractor, self-propelled farm implement of husbandry, or lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2., upon a highway during hours of darkness unless such tractor, implement of husbandry, or lightweight utility vehicle carries the lighted headlamps and tail lamps which would be required of other motor vehicles under similar circumstances.

SB448,7 Section 7. 347.22 (2) of the statutes, as affected by 2013 Wisconsin Act 377, is amended to read:

SB448,7,17 347.22 (2) Except as provided in s. 347.25 (2g), no person shall operate or park a farm tractor, self-propelled farm implement of husbandry, or lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2., upon a highway during hours of darkness with any lamp thereon showing any light to the rear other than red or amber in color.

SB448,8 Section 8. 347.24 (1) (a) of the statutes is amended to read:

SB448,8,3 347.24 (1) (a) Except as provided under pars. (b) and (c) and s. 347.22 (1), no person may operate on a highway during hours of darkness any implement of husbandry or any other vehicle not specifically required by law to be equipped with lamps or other lighting devices unless such implement or vehicle is equipped with at least 2 lighted lamps or lanterns exhibiting a white light visible from a distance of 500 feet ahead and 2 lighted lamps or lanterns exhibiting a red light visible from a distance of 500 feet to the rear or, as an alternative to the red lamps or lanterns, 2 red reflectors mounted as specified in s. 347.18 and meeting the visibility requirements of s. 347.19 may be displayed on the rear of such vehicle or implement of husbandry.

SB448,9 Section 9. 347.24 (3) (b) (intro.) of the statutes, as created by 2013 Wisconsin Act 377, is amended to read:

SB448,8,9 347.24 (3) (b) (intro.) Except as provided in par. (bm), no person may operate on a highway any wide implement of husbandry manufactured before January 1, 2014, unless it is equipped with all of the following and any lamp or light required under this paragraph is lighted and visible at the time of operation:

SB448,10 Section 10. 347.24 (3) (bm) (intro.) of the statutes, as created by 2013 Wisconsin Act 377, is amended to read:

SB448,8,14 347.24 (3) (bm) (intro.) A person may operate on a highway, at times other than hours of darkness, a wide implement of husbandry manufactured before January 1, 2014, that does not comply with par. (b) if all of the following apply:

SB448,11 Section 11. 347.245 (1) of the statutes, as affected by 2013 Wisconsin Act 377, is amended to read:

SB448,9,10 347.245 (1) After January 1, 1970, no No person may operate on a highway, day or night, any vehicle or equipment, any implement of husbandry, any animal-drawn vehicle, or any other machinery, including all road machinery, that usually travels at speeds of less than 25 miles per hour or any vehicle operated under a special restricted operator's license issued under s. 343.135 or any lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2., or any wide implement of husbandry, as defined in s. 347.24 (3) (a), that is manufactured before January 1, 2014, unless there is displayed on the most practicable visible rear area of the vehicle or combination of vehicles, a slow moving vehicle (SMV) emblem as described in and displayed as provided in sub. (2). Any towed vehicle or machine is exempt from this provision if the towing vehicle is visible from the rear and is in compliance with this section. All road machinery is excluded when it is engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs. Except as provided in s. 347.21 (1), the The requirement of the emblem shall be in addition to any lighting devices required or permitted by law. Mopeds and motor bicycles are excluded from the provisions of this section unless they are operated under a special restricted operator's license issued under s. 343.135. Electric personal assistive mobility devices are excluded from the provisions of this section. The SMV emblem need not be displayed on vehicles moving directly across the highway.

SB448,12 Section 12. 347.245 (2) of the statutes is amended to read:

SB448,9,20 347.245 (2) Standards and specifications for the design and position of mounting of the SMV emblem shall be established by rule by the secretary. Except as provided in s. 347.21 (1), the The standards and specifications for SMV emblems shall correlate with and, so far as possible, conform with those approved by the American society of agricultural engineers. The secretary shall submit such standards and specifications, and any subsequent changes therein, to the assembly and senate committees having jurisdiction over transportation matters as determined by the speaker of the assembly and the president of the senate acting jointly for their approval.

SB448,13 Section 13. 347.245 (4) of the statutes is amended to read:

SB448,9,23 347.245 (4) Except as provided in s. 347.21 (1), no No person shall display such emblem on any vehicle or equipment not specified in sub. (1).

SB448,14 Section 14. 347.245 (5) of the statutes, as affected by 2013 Wisconsin Act 377, is amended to read:

SB448,10,4 347.245 (5) This section does not apply to any vehicle or combination of vehicles to the left rear of which is attached a yellow or amber flashing light at least 4 inches in diameter, except to a wide an implement of husbandry, as defined in s. 347.24 (3) (a), that is manufactured before January 1, 2014.

SB448,15 Section 15. 347.25 (2g) of the statutes, as created by 2013 Wisconsin Act 377, is amended to read:

SB448,10,11 347.25 (2g) No person may operate on a highway any self-propelled implement of husbandry manufactured before January 1, 2014, and having a total width in excess of 12 feet, unless it is equipped with a 360-degree yellow or amber rotating strobe or beacon light, mounted at the highest practicable point, or 2 flashing amber lights visible to the front and rear, and the light or lights are activated.

SB448,16 Section 16. 347.27 (3) of the statutes is amended to read:

SB448,10,15 347.27 (3) In this section, "vehicle" includes farm tractors and self-propelled farm implements, implements of husbandry, animal-drawn vehicles, lightweight utility vehicles as defined in s. 346.94 (21) (a) 2., and road machinery.

SB448,17 Section 17. 347.45 (2) (intro.) of the statutes is amended to read:

SB448,10,22 347.45 (2) (intro.) No person shall operate on a highway any vehicle, including farm tractors, self-propelled farm implements, implements of husbandry, animal-drawn vehicles and road machinery, if such vehicle has on the periphery of any of its tires any block, stud, flange, cleat, spike or other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that:

SB448,18 Section 18. 347.45 (2) (a) of the statutes is amended to read: