SB83: Bill Text

Under current law, a county or municipality may, by ordinance, authorize operation of implements of husbandry and agricultural CMVs exceeding statutory length or weight limitations on any or all highways under the county's or municipality's jurisdiction. The ordinance serves as a no-fee permit. The ordinance must be valid for at least one calendar year and must be adopted on or before January 15 of the calendar year in which it takes effect. The county or municipality must also forward to DOT a copy of the ordinance and DOT must publish it on DOT's Internet site. Under the bill, the ordinance, and any amendment to the ordinance, must be adopted on or before November 30 of the year before the ordinance or amendment takes effect and must be forwarded to DOT no later than January 20 of the year it takes effect.

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 8 feet 6 inches. However, there is generally no width limitation for implements of husbandry operated on a highway, although certain wide implements of husbandry are subject to lighting and marking requirements. There is also no width limitation if the implement of husbandry is being operated or transported by an implement dealer or farmer for repair, servicing, or delivery and certain conditions are met.

Under this bill, there is no width limitation 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, at times other than hours of darkness, although certain wide implements of husbandry are subject to lighting and marking requirements.

Under current law, unless an exception applies, a person may not, without a permit, operate on a highway any single vehicle with an overall length in excess of 45 feet or any combination of two vehicles with an overall length in excess of 70 feet. Under one exception, an implement of husbandry operated on a highway without a permit may not exceed 60 feet in length if the implement of husbandry is a single vehicle or 100 feet in length if the implement of husbandry is a two-vehicle combination. These same length limits also apply if the implement of husbandry is being operated or transported by an implement dealer or farmer for repair, servicing, or delivery and certain conditions are met.

Under this bill, these same length limits also apply to an implement of husbandry being transported by trailer or semitrailer on a highway from farm to field, from field to field, or from farm to farm. The bill also provides for an overall length limit of 100 feet for a two-vehicle combination transporting by trailer or semitrailer an implement of husbandry from farm to field, from field to field, or from farm to farm.

Under current law, unless an exception applies, a person may not, without a permit, operate on a highway any vehicle having an overall height in excess of 13.5 feet. Under one exception, there is no height limit for an implement of husbandry. However, with an exception, the operator of the implement of husbandry is responsible for ensuring that there is adequate height clearance between the implement of husbandry and overhead structures or obstructions.

Under this bill, there is no height limit for a two-vehicle combination transporting by trailer or semitrailer an implement of husbandry from farm to field, from field to field, or from farm to farm, but the operator of the two-vehicle combination is, with an exception, responsible for ensuring that there is adequate height clearance between the implement of husbandry being transported and any overhead structure or obstruction.

Under current law, vehicle equipment requirements do not apply to implements of husbandry unless application is expressly specified by statute. Current law prohibits a person from operating on a highway any vehicle, including an implement of husbandry, that has on the periphery of its tires any flange, cleat, or other protuberance of any material other than rubber that projects beyond the tread of the traction surface of the tire, except that implements of husbandry may be operated with metal tires or tires having protuberances that will not injure the highway.

This bill specifies that an implement of husbandry having rubber tracks or tracks made of equivalent material may be operated on a highway if it will not injure the highway.

Under current law, if any bill introduced in either house of the legislature directly or indirectly establishes an exception to vehicle weight limits, DOT must prepare a report, containing specified information, relating to the bill within six weeks after the bill is introduced and before any vote is taken on the bill.

This bill directs DOT not to prepare such a report on this bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

SB83,1 Section 1. 340.01 (1o) (e) of the statutes is renumbered 340.01 (1o) (e) (intro.) and amended to read:

SB83,7,2 340.01 (1o) (e) (intro.) The vehicle is directly engaged in being used in any of the following ways:

SB83,7,3 1. For directly harvesting farm products, directly applies.

SB83,7,5 2. For directly applying fertilizer, lime, spray, or seeds, but not manure, to a farm field, or distributes.

SB83,7,6 3. For directly distributing feed to livestock.

SB83,2 Section 2. 340.01 (1o) (e) 4. and 5. of the statutes are created to read:

SB83,7,9 340.01 (1o) (e) 4. For assisting another vehicle directly harvesting farm products by receiving farm products as they are harvested.

SB83,7,11 5. For directly applying manure to a farm field or for off-loading manure if field conditions do not permit manure application by the vehicle directly to the field.

SB83,3 Section 3. 340.01 (24) (a) 1. b. and c. and 2. of the statutes are amended to read:

SB83,7,18 340.01 (24) (a) 1. b. A self-propelled combine; a self-propelled forage harvester; self-propelled fertilizer or pesticide application equipment but not including manure application equipment; towed tillage, planting, harvesting, and cultivation equipment and its towing farm tractor or other power unit; or another self-propelled vehicle that directly engages in harvesting farm products, directly applies fertilizer, spray, or seeds but not manure, or distributes feed to livestock.

SB83,7,20 c. A farm wagon, grain cart, farm trailer, manure trailer, or trailer adapted to be towed by, or to tow or pull, another implement of husbandry.

SB83,7,24 2. A combination of vehicles in which each vehicle in the vehicle combination is an implement of husbandry as described in subd. 1. or in which an implement of husbandry described in subd. 1. c. is towed by a farm truck, farm truck tractor, or motor truck.

SB83,4 Section 4. 347.45 (5) of the statutes is created to read:

SB83,8,3 347.45 (5) Notwithstanding sub. (2), an implement of husbandry equipped with rubber tracks or tracks made of equivalent material may be operated on a highway if such operation will not injure the highway.

SB83,5 Section 5. 348.01 (2) (bp) of the statutes is amended to read:

SB83,8,6 348.01 (2) (bp) "Potato harvester" means a self-propelled an implement of husbandry designed and used exclusively for harvesting potatoes.

SB83,6 Section 6. 348.05 (3m) of the statutes is created to read:

SB83,8,10 348.05 (3m) (a) Implements of husbandry of any width may be transported by trailer or semitrailer, without a permit, on a highway from farm to field, from field to field, or from farm to farm, at times other than hours of darkness.

SB83,8,12 (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.

SB83,7 Section 7. 348.05 (3m) (a) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB83,8,18 348.05 (3m) (a) Implements Subject to par. (c), implements of husbandry of any width may be transported by trailer or semitrailer, without a permit, on a highway from farm to field, from field to field, or from farm to farm, at times other than hours of darkness.

SB83,8 Section 8. 348.05 (3m) (c) of the statutes is created to read:

SB83,8,25 348.05 (3m) (c) Paragraph (a) applies only if the person 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.

SB83,9 Section 9. 348.06 (2) (intro.) of the statutes is amended to read:

SB83,9,9 348.06 (2) (intro.) Implements of husbandry, and 2-vehicle combinations transporting by trailer or semitrailer implements of husbandry from farm to field, from field to field, or from farm to farm, of any height may be operated upon a highway without a permit for excessive height. The operator of the implement of husbandry or 2-vehicle combination is responsible for ensuring that there is adequate height clearance between the implement of husbandry being operated or transported and any overhead structure or obstruction, other than a structure or obstruction that is any of the following:

SB83,10 Section 10. 348.07 (1) of the statutes is amended to read:

SB83,9,14 348.07 (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), (2r), and (4m) and s. 348.08 (1).

SB83,11 Section 11. 348.07 (2) (e) 2. of the statutes is amended to read:

SB83,9,19 348.07 (2) (e) 2. One hundred feet for implements of husbandry that are 2-vehicle combinations and for 2-vehicle combinations transporting by trailer or semitrailer implements of husbandry from farm to field, from field to field, or from farm to farm.

SB83,12 Section 12. 348.07 (2r) of the statutes is created to read:

SB83,9,23 348.07 (2r) Subsection (2) (e) also applies to implements of husbandry while being transported by trailer or semitrailer on a highway from farm to field, from field to field, or from farm to farm.

SB83,13 Section 13. 348.09 (3) of the statutes is amended to read:

SB83,10,3 348.09 (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) or (3m).

SB83,14 Section 14. 348.15 (3) (b) of the statutes is amended to read:

SB83,10,14 348.15 (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 , or is a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle from farm to field, from field to field, or from farm to farm, and is 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.

SB83,15 Section 15. 348.15 (3) (g) (intro.) of the statutes is amended to read:

SB83,10,24 348.15 (3) (g) (intro.) Notwithstanding par. (c), if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle, or is a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle from farm to field, from field to field, or from farm to farm, and is 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]

SB83,16 Section 16. 348.15 (9) (a) of the statutes is amended to read:

SB83,11,5 348.15 (9) (a) Except as provided in pars. (c), (cm), (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.

SB83,17 Section 17. 348.15 (9) (b) of the statutes is amended to read:

SB83,11,13 348.15 (9) (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. Except as provided in par. (e), the maximum gross weight for a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle from farm to field, from field to field, or from farm to farm, and operated on a highway without a permit, may not exceed 92,000 pounds.

SB83,18 Section 18. 348.15 (9) (c) 1. of the statutes is amended to read:

SB83,11,21 348.15 (9) (c) 1. Notwithstanding sub. (3) (a), (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).

SB83,19 Section 19. 348.15 (9) (cm) of the statutes is created to read:

SB83,12,7 348.15 (9) (cm) 1. Notwithstanding sub. (3) (a), (b), (c), and (g), there is no weight limitation per wheel, axle, or group of axles for a 2-vehicle combination transporting by trailer or semitrailer an empty potato harvester from farm to field, from field to field, or from farm to farm if, subject to subd. 2., the 2-vehicle combination is accompanied by one or more escort vehicles operating with hazard lights activated, except that such a 2-vehicle combination is subject to any weight limitation posted as provided in s. 348.17 (1). Except as provided in par. (e), such a 2-vehicle combination transporting a potato harvester is subject to the maximum gross weight limitation for 2-vehicle combinations transporting implements of husbandry specified in par. (b).

SB83,12,11 2. A 2-vehicle combination transporting a potato harvester is not required to be accompanied by any escort vehicle under subd. 1. if the potato harvester is being transported from farm to field, from field to field, or from farm to farm on a highway for a distance of 0.5 miles or less.

SB83,20 Section 20. 348.15 (9) (d) of the statutes is amended to read:

SB83,12,19 348.15 (9) (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. The increased weight allowance for 2-vehicle combinations transporting implements of husbandry or 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.

SB83,21 Section 21. 348.15 (9) (e) 1. (intro.) of the statutes is amended to read:

SB83,13,3 348.15 (9) (e) 1. (intro.) Notwithstanding par. (c) and sub. (3) (a), (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:

SB83,22 Section 22. 348.15 (9) (e) 2. of the statutes is amended to read:

SB83,13,10 348.15 (9) (e) 2. Notwithstanding par. (c) and sub. (3) (a), (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., or for an agricultural commercial motor vehicle used as described in s. 340.01 (1o) (e) 1., 2., or 3., 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.

SB83,23 Section 23. 348.15 (9) (e) 3. of the statutes is amended to read:

SB83,13,14 348.15 (9) (e) 3. Subdivisions 1. and , 2., and 4. 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).

SB83,24 Section 24. 348.15 (9) (e) 4. of the statutes is created to read:

SB83,13,22 348.15 (9) (e) 4. Notwithstanding par. (cm) and sub. (3) (a), (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 a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry described in s. 340.01 (24) (a) 1. b. or agricultural commercial motor vehicle used as described in s. 340.01 (1o) (e) 1., 2., or 3. from farm to field, from field to field, or from farm to farm, on a highway for a distance of 0.5 miles or less.

SB83,25 Section 25. 348.15 (9) (f) 1. of the statutes is amended to read:

SB83,14,4 348.15 (9) (f) 1. Notwithstanding par. (c) and sub. (3) (a), (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., or for an agricultural commercial motor vehicle used as described in s. 340.01 (1o) (e) 1., 2., or 3., being operated on a highway that is not designated under subd. 2. a.

SB83,26 Section 26. 348.15 (9) (f) 1m. of the statutes is created to read:

SB83,14,12 348.15 (9) (f) 1m. Notwithstanding par. (cm) and sub. (3) (a), (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 a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry described in s. 340.01 (24) (a) 1. b. or agricultural commercial motor vehicle used as described in s. 340.01 (1o) (e) 1., 2., or 3. from farm to field, from field to field, or from farm to farm, on a highway that is not designated under subd. 2. a.

SB83,27 Section 27. 348.15 (9) (f) 2. a. of the statutes is amended to read:

SB83,14,25 348.15 (9) (f) 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 or agricultural commercial motor vehicles apply to implements of husbandry described in s. 340.01 (24) (a) 1. b., and to agricultural commercial motor vehicles used as described in s. 340.01 (1o) (e) 1., 2., or 3., that are operated or transported on the highway and to 2-vehicle combinations transporting them. 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.

SB83,28 Section 28. 348.15 (9) (f) 2. b. of the statutes is amended to read:

SB83,15,7 348.15 (9) (f) 2. 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 November 30 of the prior year. A resolution or ordinance adopted under this subdivision shall be valid for at least one calendar year. No amendment to a resolution or ordinance is effective in a calendar year unless the amendment was adopted on or before November 30 of the prior year.

SB83,29 Section 29. 348.15 (9) (f) 2. c. of the statutes is amended to read:

SB83,15,13 348.15 (9) (f) 2. c. Each No later than January 20 of the year after it adopts or amends a resolution or ordinance under this subdivision, 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.

SB83,30 Section 30. 348.15 (9) (f) 3. of the statutes is amended to read:

SB83,15,17 348.15 (9) (f) 3. Subdivision 1. does Subdivisions 1. and 1m. do 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).

SB83,31 Section 31. 348.16 (2) of the statutes is amended to read:

SB83,16,3 348.16 (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 April 24, 2014, to January 1, 2020, to a potato harvester or an implement of husbandry or agricultural commercial motor vehicle being operated or transported, or to a 2-vehicle combination transporting an implement of husbandry or agricultural commercial motor vehicle, as described in s. 348.15 (9) (c), (cm), (e), or (f) 1. or 1m.

SB83,32 Section 32. 348.21 (3t) (b) of the statutes is amended to read:

SB83,16,9 348.21 (3t) (b) In the case of a violation of s. 348.15 (3) (b) involving an implement of husbandry or agricultural commercial motor vehicle or a 2-vehicle combination transporting 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.

SB83,33 Section 33. 348.27 (19) (b) 1. of the statutes is amended to read:

SB83,17,3 348.27 (19) (b) 1. Subject to subds. 3. and 5. b. 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. Subject to subds. 3. and 5. b. and par. (c), a person may also apply to the maintaining authority of a highway for an annual or consecutive month, no-fee permit to operate a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter and that is being transported on the highway from farm to field, from field to field, or from farm to farm. 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 3-week period, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4. or until 6 weeks from receipt of the application. If the maintaining authority fails to approve or deny the application within 6 weeks of its receipt, the application is approved.

SB83,34 Section 34. 348.27 (19) (b) 4m. a. of the statutes is amended to read: