SB676: Bill Text

LRB-3950/1

ZDW:cdc&skw

2023 - 2024 LEGISLATURE

2023 Senate BILL 676

November 9, 2023 - Introduced by Senators Stroebel and Stafsholt, cosponsored by Representatives Callahan, Gundrum, Nedweski and Schmidt. Referred to Committee on Transportation and Local Government.

SB676,1,4 An Act to amend 110.075 (6), 194.05 (4), 194.09, 194.38 (2), 340.01 (8) (a), 340.01 (8) (b), 343.04 (1) (a), 343.04 (1) (b) and 343.04 (1) (c) (intro.) of the statutes; relating to: eliminating references to registered weight for commercial motor vehicles and modifying Department of Transportation administrative rules.

Analysis by the Legislative Reference Bureau

This bill removes a reference to “registered weight" in the statutory definition of commercial motor vehicle (CMV) and several other references to the “registered weight" of CMVs and other motor vehicles. The bill also removes a reference to “registered weight” from a section of Department of Transportation administrative rules pertaining to exemptions from motor carrier safety rules.

Under current law, CMVs are, in part, defined as motor vehicles that have a weight rating, a registered weight, or an actual gross weight of over 26,000 pounds.

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

SB676,1 Section 1. 110.075 (6) of the statutes is amended to read:

SB676,2,8 110.075 (6) The secretary shall set standards and adopt rules to establish a plan of inspection to implement the inspection program provided by this section. Nothing in this section shall permit the department to promulgate any rule under which the provisions of 49 CFR 393 and 396 are applicable to, or enforceable with respect to, any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s. 340.01 (8) (c) or (d), and the vehicle combination is operated solely in intrastate commerce.

SB676,2 Section 2. 194.05 (4) of the statutes is amended to read:

SB676,2,15 194.05 (4) This chapter shall not apply to any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s. 340.01 (8) (c) or (d), and the vehicle combination is operated solely in intrastate commerce.

SB676,3 Section 3. 194.09 of the statutes is amended to read:

SB676,3,2 194.09 Marking carrier vehicles. Each motor vehicle operated by a common motor carrier of property or of passengers, a contract motor carrier or a private motor carrier shall be plainly marked in such manner as the department may prescribe, so as to identify such motor vehicle as being operated pursuant to this chapter. This section does not apply to any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s. 340.01 (8) (c) or (d), and the vehicle combination is operated solely in intrastate commerce.

SB676,4 Section 4. 194.38 (2) of the statutes is amended to read:

SB676,3,11 194.38 (2) Nothing in this section shall permit the department to promulgate any rule under which the provisions of 49 CFR 390, 391, 392, 395, and 397 are applicable to, or enforceable with respect to, any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s. 340.01 (8) (c) or (d), and the vehicle combination is operated solely in intrastate commerce.

SB676,5 Section 5. 340.01 (8) (a) of the statutes is amended to read:

SB676,3,15 340.01 (8) (a) The vehicle is a single vehicle with a gross vehicle weight rating of 26,001 or more pounds or the vehicle's registered weight or actual gross weight is more than 26,000 pounds.

SB676,6 Section 6. 340.01 (8) (b) of the statutes is amended to read:

SB676,3,20 340.01 (8) (b) The vehicle is a combination vehicle with a gross combination weight rating, registered weight or actual gross weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating, registered weight or actual gross weight of more than 10,000 pounds.

SB676,7 Section 7. 343.04 (1) (a) of the statutes is amended to read:

SB676,4,2 343.04 (1) (a) Class A. A “Class A" motor vehicle is any combination of vehicles with a gross vehicle weight rating, actual gross weight or registered weight of over 26,000 pounds, if the aggregate total gross vehicle weight rating , or actual gross weight or registered weight of the vehicle or vehicles being towed is in excess of 10,000 pounds.

SB676,8 Section 8. 343.04 (1) (b) of the statutes is amended to read:

SB676,4,8 343.04 (1) (b) Class B. A “Class B" motor vehicle is any single vehicle with a gross vehicle weight rating, or actual gross weight or registered weight of over 26,000 pounds, and any such vehicle towing a vehicle or vehicles with an aggregate total gross vehicle weight rating, actual gross weight or registered weight of 10,000 pounds or less.

SB676,9 Section 9. 343.04 (1) (c) (intro.) of the statutes is amended to read:

SB676,4,14 343.04 (1) (c) Class C. (intro.) A “Class C" motor vehicle is any single vehicle with a gross vehicle weight rating, and actual gross weight and registered weight of 26,000 pounds or less, including any such vehicle towing a vehicle with a gross vehicle weight rating, actual gross weight and registered weight of less than 10,000 pounds, if any of the following applies:

SB676,10 Section 10. Trans 327.09 (7) of the administrative code is amended to read:

SB676,4,22 Trans 327.09 (7) The provisions of this chapter do not apply to any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s. 340.01 (8) (c) or (d), Stats., and the vehicle combination is operated solely in intrastate commerce.

SB676,11 Section 11. Effective date.

SB676,5,2 (1) Notwithstanding s. 227.265, this act takes effect on the day after publication.

SB676,5,3 (End)