LRB-3992/1
ARG:ahe
2015 - 2016 LEGISLATURE
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
1An Act to renumber and amend 348.05 (2g) (b) and 348.09 (3);
to amend
2100.47 (3) (b), 340.01 (16), 341.05 (7), 347.02 (1) (a), 347.21 (1), 347.22 (title) and
3(1), 347.22 (2), 347.24 (1) (a), 347.24 (3) (b) (intro.), 347.24 (3) (bm) (intro.),
4347.245 (1), 347.245 (2), 347.245 (4), 347.245 (5), 347.25 (2g), 347.27 (3), 347.45
5(2) (intro.), 347.45 (2) (a), 348.05 (2) (am), 348.05 (2g) (a) (intro.), 348.05 (3m)
6(a), 348.05 (3m) (b), 348.05 (3m) (c), 348.06 (2) (intro.), 348.07 (2) (e) 2., 348.07
7(2r), 348.15 (3) (b), 348.15 (3) (g) (intro.), 348.15 (9) (a), 348.15 (9) (b), 348.15 (9)
8(c) 2., 348.15 (9) (cm), 348.15 (9) (e) 2., 348.15 (9) (e) 4., 348.15 (9) (f) 1m., 348.27
9(19) (b) 1., 348.27 (19) (b) 5. a., 348.27 (19) (c) 1m., 348.27 (19) (cm) and 348.27
10(19) (d) 1. (intro.); and
to create 348.01 (2) (cm), 348.05 (2g) (c), 348.05 (3r),
11348.05 (3t), 348.09 (3) (b), 348.27 (19) (c) 11., 348.27 (19) (cr) and 348.27 (19) (d)
11m. of the statutes;
relating to: implements of husbandry and agricultural
2commercial 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:
SB448,6,4
1100.47
(3) (b) No person in the business of selling farm equipment may sell
2farm equipment that can be operated on a highway unless, at the time of sale, the
3person who sells the farm equipment discloses to the buyer
in writing the gross
4vehicle weight and axle weights of the
unladen farm equipment
at the point of sale.
SB448,2
5Section
2. 340.01 (16) of the statutes is amended to read:
SB448,6,86
340.01
(16) "Farm tractor" means a motor vehicle designed and used primarily
7as
a farm an implement
of husbandry for drawing
plows, mowing machines and, or
8having attached to it, other implements of husbandry.
SB448,6,1711
341.05
(7) The vehicle is a farm tractor used exclusively in agricultural
12operations, including threshing, or used exclusively to provide power to drive other
13machinery, or to transport from job to job machinery driven by a farm tractor; used
14for special occasions such as display and parade purposes or for participation in
15tractor or antique vehicle clubs, including traveling to and from such events; or used
16for
occasional personal use, but not for regular daily transportation testing,
17maintenance, and storage purposes.
SB448,4
18Section
4. 347.02 (1) (a) of the statutes is amended to read:
SB448,6,1919
347.02
(1) (a) Farm tractors
and self-propelled farm implements.
SB448,5
20Section
5. 347.21 (1) of the statutes is amended to read:
SB448,7,321
347.21
(1) No person shall operate on a highway during hours of darkness any
22train of vehicles authorized by s. 348.08 (1) (d) unless there is mounted on each side
23of every vehicle in such train, including farm tractors and implements of husbandry,
24at least one lamp emitting a red or amber light visible from a distance of 500 feet to
25the side of the vehicle on which mounted or, in lieu thereof, at least one red or amber
1reflector
or, notwithstanding s. 347.245, one slow moving vehicle emblem visible
2from all distances within 500 feet to 50 feet of the side of the vehicle when directly
3in front of lawful upper beams of headlamps.
SB448,6
4Section
6. 347.22 (title) and (1) of the statutes are amended to read:
SB448,7,11
5347.22 (title)
Lamps on farm tractors, self-propelled farm implements
6of husbandry, and lightweight utility vehicles. (1) No person shall operate or
7park a farm tractor, self-propelled
farm implement
of husbandry, or lightweight
8utility vehicle, as defined in s. 346.94 (21) (a) 2., upon a highway during hours of
9darkness unless such tractor, implement
of husbandry, or lightweight utility vehicle
10carries the lighted headlamps and tail lamps which would be required of other motor
11vehicles under similar circumstances.
SB448,7,1714
347.22
(2) Except as provided in s. 347.25 (2g), no person shall operate or park
15a farm tractor, self-propelled
farm implement
of husbandry, or lightweight utility
16vehicle, as defined in s. 346.94 (21) (a) 2., upon a highway during hours of darkness
17with any lamp thereon showing any light to the rear other than red or amber in color.
SB448,8
18Section
8. 347.24 (1) (a) of the statutes is amended to read:
SB448,8,319
347.24
(1) (a) Except as provided under pars. (b) and (c)
and s. 347.22 (1), no
20person may operate on a highway during hours of darkness any implement of
21husbandry or any other vehicle not specifically required by law to be equipped with
22lamps or other lighting devices unless such implement or vehicle is equipped with
23at least 2 lighted lamps or lanterns exhibiting a white light visible from a distance
24of 500 feet ahead and 2 lighted lamps or lanterns exhibiting a red light visible from
25a distance of 500 feet to the rear or, as an alternative to the red lamps or lanterns,
12 red reflectors mounted as specified in s. 347.18 and meeting the visibility
2requirements of s. 347.19 may be displayed on the rear of such vehicle or implement
3of husbandry.
SB448,8,96
347.24
(3) (b) (intro.) Except as provided in par. (bm), no person may operate
7on a highway any wide implement of husbandry
manufactured before January 1,
82014, unless it is equipped with all of the following and any lamp or light required
9under this paragraph is lighted and visible at the time of operation:
SB448,8,1412
347.24
(3) (bm) (intro.) A person may operate on a highway, at times other than
13hours of darkness, a wide implement of husbandry
manufactured before January 1,
142014, that does not comply with par. (b) if all of the following apply:
SB448,9,1017
347.245
(1) After January 1, 1970, no
No person may operate on a highway
, day
18or night, any vehicle or equipment,
any implement of husbandry, any animal-drawn
19vehicle, or any other machinery, including all road machinery, that usually travels
20at speeds of less than 25 miles per hour or any vehicle operated under a special
21restricted operator's license issued under s. 343.135 or any lightweight utility
22vehicle, as defined in s. 346.94 (21) (a) 2.,
or any wide implement of husbandry, as
23defined in s. 347.24 (3) (a), that is manufactured before January 1, 2014, unless there
24is displayed on the most practicable visible rear area of the vehicle or combination
25of vehicles, a slow moving vehicle (SMV) emblem as described in and displayed as
1provided in sub. (2). Any towed vehicle or machine is exempt from this provision if
2the towing vehicle is visible from the rear and is in compliance with this section. All
3road machinery is excluded when it is engaged in actual construction or maintenance
4work either guarded by a flagman or clearly visible warning signs.
Except as
5provided in s. 347.21 (1), the The requirement of the emblem shall be in addition to
6any lighting devices required or permitted by law. Mopeds and motor bicycles are
7excluded from the provisions of this section unless they are operated under a special
8restricted operator's license issued under s. 343.135. Electric personal assistive
9mobility devices are excluded from the provisions of this section. The SMV emblem
10need not be displayed on vehicles moving directly across the highway.
SB448,12
11Section
12. 347.245 (2) of the statutes is amended to read:
SB448,9,2012
347.245
(2) Standards and specifications for the design and position of
13mounting of the SMV emblem shall be established by rule by the secretary.
Except
14as provided in s. 347.21 (1), the The standards and specifications for SMV emblems
15shall correlate with and, so far as possible, conform with those approved by the
16American society of agricultural engineers. The secretary shall submit such
17standards and specifications, and any subsequent changes therein, to the assembly
18and senate committees having jurisdiction over transportation matters as
19determined by the speaker of the assembly and the president of the senate acting
20jointly for their approval.