NOTICE IS HEREBY GIVEN that pursuant to s.
348.07, Stats., as amended by
2005 Wis. Act 363, and interpreting s.
348.07, Stats., as amended by
2005 Wis. Act 363, the Department of Transportation will hold a public hearing in
Room 501 (Eau Claire Room) of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
11th day of January, 2007, at
10:00 AM, to consider the amendment of ch.
Trans 276, Wisconsin Administrative Code, relating to allowing the operation of certain 2-vehicle combinations on certain highways without a permit.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Analysis Prepared by the Department of Transportation
Explanation of agency authority:
Section
7 of
2005 Wis. Act 363 requires the Department to adopt rules for purposes of implementing that Act.
Related statute or rule: s.
348.07, Stats., and ch.
Trans 276, Wis. Admin. Code
Plain language analysis: Section
348.07(1), Stats., historically has limited vehicle lengths on Wisconsin highways to 65 feet. Section
348.07(2), Stats., allowed vehicles meeting the specifications of that subsection to operate without permits despite exceeding the 65-foot limit of subsection (1).
2005 Wis. Act 363 amended s.
348.07, Stats., and essentially made 75 feet the default permitted length on the state trunk highway system. Wisconsin's old default 65-foot overall length limit still applies on all local roads but only applies to state trunk highways that are designated as 65-foot restricted routes by the Department. This proposed rule making establishes a preliminary list of such “65-foot restricted routes."
Prior to Act 363, s.
348.07 (4), Stats., permitted the Department to designate “long truck routes" upon which no overall length limits apply. The Department designates the state's long truck routes in s.
Trans 276.07. This rule making does not affect those longstanding designations.
The new “default" 75-foot overall length limit applies on state highways that are neither designated as 65-foot restricted routes under this rule making nor long truck routes under s.
Trans 276.07.
Definitions have been added to the rule to make it easier to identify the nature of designations made by the Department in Ch.
Trans 276.
In drafting this rule the Department noticed several items that it believes may be of special interest to the legislature and which, in the Department's view, deserve special legislative attention. First, Act 363 did not grant any authority for 75-foot vehicles using the new 75-foot routes to leave those routes to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly facilities or points of loading or unloading. The Department does not believe this oversight was intentional and, on an emergency basis, designated the intersection of each 75-foot route and any other highway as a long truck route under its authority in s.
348.07(4), Stats. The existing emergency rule permits trucks to exceed the 65-foot default length limit on local roads to access such facilities and make deliveries. The Department has not attempted to continue that emergency provision in this rule making and encourages the legislature to consider statutorily establishing access rights for vehicles using 75-foot restricted routes.
The second consequence of Act 363 the Department has discovered in drafting this proposed rule is that one statute that formerly restricted double-bottom tractor-trailer combinations to the state's long-truck network was repealed by the deletion of the reference to s. 348.07(2)(gm), Stats., by the Act's amendment of s.
348.07(4), Stats. Under the amended statute, as revised by Act 363, it might appear to a reader that double bottom trucks of unlimited length may operate upon any highway in the state, including local roads and streets, without permits. Section
348.08(1)(e), Stats., however, continues to provide that double-bottom trucks be restricted to highways designated by the department under s.
348.07 (4). WisDOT believes this provision continues to limit double-bottom operation to long truck routes designated by the Department under s.
348.07(4), Stats. WisDOT would suggest the deleted reference to (2)(gm) in 348.07(4), Stats., be re-inserted into the statute to avoid confusion.
This permanent rule making proposes to repeal s.
Trans 276.075. That regulation permitted an 11-mile stretch of U.S.H. 12 from its intersection with S.T.H. 128 east of Hersey to S.T.H. 79 Northwest of Menomonie to be used as an access route for food, fuel, and access to points of loading and unloading, notwithstanding the fact that it was longer than the 5-mile former limit for access routes used for such purposes. The provision is not needed because the length of the route is less than the 15-mile access now permitted by statute. Moreover, because this section of highway is a designated alternate to I-94, the Department believes it is appropriate to simply designate this stretch of highway as a long truck route. Accordingly, s.
276.07(3) is amended to extend U.S.H. 12's long truck route that currently runs from STH 79 to STH 25 in Menomonie through the intersection of U.S.H. 12 with S.T.H. 128 east of Hersey.
Finally, the Department notes that s.
348.07, Stats., is becoming difficult to decipher from a legal standpoint because of the many amendments that have been made to it over the years. It may be that recodifying the statute for the purpose of clarification of the length limitations of Wisconsin law would be helpful to truck and long vehicle operators in this state.
Comparison with Existing Emergency Rule. This rule making differs from the Department's existing emergency rule in that it removes the following highway segments from the 65 foot route system, thereby making them 75 foot routes:
USH 10
|
IH 43 N. of Manitowoc
|
Car Ferry Dock in Manitowoc
|
STH 11
|
USH 51 in Janesville
|
IH 90 E. of Janesville
|
STH 11
|
USH 14-STH 89, 5 miles W. of Delavan
|
IH 43 E. of Elkhorn
|
STH 11
|
STH 31 in Racine
|
Junction STH 32 in Racine
|
USH 12
|
IH 90 at STH 35 E of Hudson
|
STH 79 N.W. of Menomonie
|
USH 12
|
STH 25 in Menomonie
|
IH 94-CTH “EE" W. of Eau Claire
|
USH 12
|
USH 27 at Black River Falls
|
IH 90-94 at Lake Delton
|
STH 13
|
STH 23
|
STH 82 S. of Adams
|
STH 15
|
Jct. USH 41 at Appleton
|
Jct. STH 45 at New London
|
STH 16
|
MN State Line in La Crosse
|
CTH J N. of Rockland
|
STH 16
|
IH 90/94, W. of Wisconsin Dells
|
STH 33 in Portage
|
USH 18
|
STH 89 W. of Jefferson
|
STH 164 E. of Waukesha
|
USH 18
|
IH 94 E. of Waukesha
|
Michigan St. and N. Lincoln Memorial Dr. in Milwaukee
|
STH 20
|
STH 36
|
STH 31 in Racine
|
STH 24
|
Milwaukee/Waukesha County Line
|
STH 241 in Milwaukee
|
STH 25
|
STH 29 S of Menomonie
|
STH 29 N of Menomonie
|
STH 26
|
US 151 SE of Waupun
|
US 151 NE of Waupun
|
STH 27
|
STH 40 in Radisson
|
Douglas CTH A
|
STH 28
|
IH 43 in Sheboygan
|
STH 23/42 in Sheboygan
|
STH 28
|
Taylor Drive
|
STH 23/42 in Sheboygan
|
STH 29
|
STH 35 in River Falls
|
Note: Complaint forms are available from the Department of Regulation and Licensing, Division of Enforcement, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at: http://drl.wi.gov. in Menomonie
|
STH 29
|
North Jct 12/ 29
|
IH 94 W. of Elk Mound
|
STH 29
|
USH 41 in Green Bay
|
USH 141 at Bellevue
|
STH 31
|
STH 20 in Racine
|
STH 32
|
STH 32
|
IL State Line
|
IH 43 in River Hills
|
STH 32
|
IH 43 E. of Grafton
|
IH 43 N. of Port Washington
|
STH 32
|
Fond du Lac Rd
|
STH 23
|
STH 32
|
STH 57 in De Pere
|
USH 41 N. of De Pere
|
STH 35
|
IL State Line
|
STH 11 N.E. of E. Dubuque
|
STH 35
|
IH 94 E. of Hudson
|
STH 243 in Osceola
|
STH 36
|
STH 120 in Springfield
|
STH 11 at Burlington
|
STH 36
|
USH 45 in Franklin
|
STH 241 in Milwaukee
|
STH 37
|
STH 35 N. of Alma
|
USH 10 at Mondovi
|
STH 38
|
STH 32 in Racine
|
STH 59 in Milwaukee
|
USH 41
|
IH 94 S.W. of Oak Creek
|
National Avenue in Milwaukee
|
USH 41
|
Garfield Avenue in Milwaukee
|
107th St. in Milwaukee
|
STH 42
|
STH 23/28 in Sheboygan
|
IH 43 N.W. of Sheboygan
|
STH 42
|
STH 32 at Howards Grove
|
IH 43 at Manitowoc
|
STH 44
|
USH 41 S.W. of Oshkosh
|
USH 45 in Oshkosh
|
USH 45
|
West of Menasha
|
STH 76 at Greenville
|
STH 46
|
USH 8 S. of Balsam Lake
|
STH 35 in Milltown
|
STH 47
|
STH 114 in Menasha
|
USH 10 in Appleton
|
STH 48
|
STH 35 S in Luck
|
STH 63 W of Cumberland
|
STH 48
|
STH 87 S. of Grantsburg
|
STH 35 in Frederic
|
STH 50
|
STH 11 in Delavan
|
USH 12 W. of Lake Geneva
|
STH 50
|
45th Ave in Kenosha
|
STH 32 in Kenosha
|
US 51
|
IL State Line in Beloit
|
STH 11 in Janesville
|
US 51
|
US 14 at Janesville
|
I-39/90 E of Stoughton
|
USH 53
|
USH 10 in Osseo
|
IH 94 S.E. of Eau Claire
|
USH 53
|
USH 53/STH 93 E. of Galesville
|
STH 71 at Melrose
|
STH 54
|
USH 41 at Green Bay
|
IH 43 in Green Bay
|
STH 55
|
USH 151 N. of Brothertown
|
USH 41 in Kaukauna
|
STH 55
|
STH 29
|
MI State Line
|
STH 56
|
STH 35 in Genoa
|
STH 80 N. of Richland Center
|
STH 57
|
STH 59 in Milwaukee
|
IH 43 /STH 32 in Mequon
|
STH 57
|
STH 172 S. of Green Bay
|
IH 43 in Green Bay
|
STH 58
|
US 14 E of Richland Center
|
STH 80 S of Necedah
|
STH 59
|
USH 164 E. of Waukesha
|
STH 32 in Milwaukee
|
STH 60
|
US 12 E of Sauk City
|
STH 113 in Lodi
|
USH 61
|
STH 129 S.E. of Lancaster
|
STH 129 N.E. of Lancaster
|
STH 67
|
IL State Line
|
IH 94 S. of Oconomowoc
|
STH 67
|
STH 28 in Mayville
|
CTH B S. of St. Cloud
|
STH 69
|
CTH PB at Paoli
|
US 18/151 E of Verona
|
STH 70
|
USH 53-63 in Spooner
|
STH 40 at Radisson
|
STH 70
|
Loretta
|
STH 13 in Fifield
|
STH 72
|
USH 10/63 at CTH C E. of Ellsworth
|
CTH S
|
STH 72
|
CTH P
|
STH 25
|
STH 74
|
CTH VV in Sussex
|
USH 41/45 in Menomonee Falls
|
STH 75
|
STH 50
|
STH 20
|
STH 76
|
STH 21/USH 45 Oshkosh
|
USH 41 N. of Oshkosh
|
STH 76
|
USH 45 at Greenville
|
STH 22/USH 45 at Bear Creek
|
STH 77
|
MN State Line
|
USH 53 in Minong
|
STH 80
|
IL State Line
|
STH 11 at Hazel Green
|
STH 82
|
IA State Line
|
STH 80 W. of Hillsboro
|
STH 83
|
IL State Line
|
STH 50
|
STH 83
|
STH 50 E. of Munster
|
STH 11 in Burlington
|
STH 83
|
STH 20 in Waterford
|
STH 167 S. of Hartford
|
STH 83
|
STH 60 in Hartford
|
STH 175
|
STH 91
|
STH 49 (Berlin)
|
USH 41 (Oshkosh)
|
STH 92
|
STH 69 W of Belleville
|
STH 78 in Mt. Horeb
|
STH 96
|
STH 47
|
IH-43
|
STH 100
|
STH 32 (Oak Creek)
|
IH 94 (Oak Creek)
|
STH 108
|
Jackson County Line
|
STH 71 S of Melrose
|
STH 114
|
USH 41
|
STH 32/57 (Hilbert)
|
STH 120
|
IL State Line
|
IH 43 (East Troy)
|
STH 125
|
USH 41 in Appleton
|
STH 47 in Appleton
|
STH 128
|
STH 72 at Village of Elmwood
|
STH 29
|
STH 131
|
STH 60 E of Wauzeka
|
US 61 at Soldiers Grove
|
STH 137
|
US 2 W of Ashland
|
STH 13 in Ashland
|
STH 142
|
STH 11 at Burlington
|
IH 94
|
STH 144
|
STH 175 at Slinger
|
STH 33
|
STH 145
|
USH 41/45
|
USH 41 in Washington County
|
STH 147
|
STH 42 at Two Rivers
|
IH 43
|
USH 151
|
USH 41 in Fond du Lac
|
STH 23 in Fond du Lac
|
STH 157
|
STH 35 at Onalaska
|
STH 16 at La Crosse
|
STH 158
|
STH 31 in Kenosha
|
52ND Street & 6TH Avenue in Kenosha
|
STH 164
|
STH 190 E. of Pewaukee
|
CTH VV in Sussex
|
STH 164
|
CTH Q W. of Colgate
|
STH 60
|
STH 165
|
STH 31 in Kenosha
|
STH 32 in Kenosha
|
STH 167
|
STH 83
|
STH 32/IH 43
|
STH 170
|
STH 79 in Boyceville
|
STH 25
|
STH 172
|
STH 54 in Brown County
|
USH 41
|
STH 175
|
USH 41/45/STH 100 in Milwaukee
|
CTH P S. of Theresa
|
STH 175
|
STH 67 in Lomira
|
USH 45 in Winnebago County
|
STH 178
|
STH 124 in Chippewa Falls
|
CTH S in Chippewa Falls
|
STH 178
|
Jim Falls
|
CTH R
|
STH 179
|
At Eastman
|
STH 131 at Steuben
|
STH 180
|
At Marinette
|
USH 141 in Wausaukee
|
STH 181
|
STH 59 in West Allis
|
STH 60, Ozaukee County
|
STH 187
|
STH 54 at Shiocton
|
STH 156 in Shawano County
|
STH 190
|
STH 100 in Wauwatosa
|
STH 32 in Shorewood
|
STH 193
|
STH 60 N. of Muscoda
|
STH 80 in Richland County
|
STH 241
|
USH 41/IH 94
|
STH 24 in Milwaukee
|
STH 243
|
MN State Line, Polk County
|
STH 35 in Osceola
|
STH 253
|
USH 53 N. of Sarona
|
USH 63 S. of Spooner
|
STH 312
|
IH 94 in Eau Claire
|
USH 53 and Bypass USH 53
|
STH 341
|
STH 59 at Miller Park
|
I-94 and US 41 in Milwaukee
|
STH 441
|
STH 47 in Menasha
|
USH 41 N. of Appleton
|
STH 794
|
IH 794/Carferry Drive
|
College Avenue in Cudahy
|
B 41
|
US 41
|
STH 32 DePere
|
X 51
|
US 51 in Beloit
|
STH 213 in Beloit
|
In addition, the emergency rule currently in effect designated the intersection of any 75-foot restricted route and another highway as a “long truck route" in order to provide access from the 75-foot routes to points of loading and unloading, food, fuel, and other services. This permanent rule making does not propose such a provision. The Department believes that the creation or designation of access from 75-foot routes should be determined by the legislature.
Summary of, and preliminary comparison with, existing or proposed federal regulation: Federal regulations are intended to identify a National Network of highways available to vehicles authorized by provisions of the Surface Transportation Act of 1982 as amended, and to prescribe national policies that govern truck and bus size and weight. The objective of those federal regulations, found in Part 658 of 23 CFR Chapter I, is to provide a safe and efficient network of highways that can safely and efficiently accommodate the large vehicles authorized in federal law. The network includes the Interstate system and other qualifying primary highways. The federal regulation seeks to assure there is reasonable access to the National Network for commercial motor vehicles and to preserve the national network in order to accommodate large vehicles.
States are required to allow the following vehicles on the national network subject to the criteria listed:
(1) A semitrailer operating in a truck tractor-semitrailer combination may not be subject to a length limitation of less than 48 feet.
23 CFR 658.13(b)(1).
(2) Any semitrailer or trailer operating in a truck tractor-semitrailer- trailer combination may not be subject to a length limitation of less than 28 feet.
23 CFR 658.13(b)(2).
(3) Commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations may not be subjected to an overall length limitation.
23 CFR 658.13(b)(3).
(4) Commercial motor vehicles operating in truck tractor-semitrailer-trailer combinations (“double-bottoms") may not be prohibited.
23 CFR 658.13(b)(4).
(5) Some vehicles types that were in use in 1982, and various specialized vehicles must be permitted to operate on the national network.
23 CFR 658.13.
This proposed rule making is consistent with federal regulation in that the objective is to provide a safe and efficient system for accommodating large vehicles that integrates with the national network. The rule making is intended to provide reasonable access while applying size limits to other highways as needed to preserve safety and efficiency in system operations. None of the changes made by
2005 Wis. Act 363 nor this rule making are in conflict with the federal length limitations.
Comparison with Rules in Adjacent States:
Michigan: Allows 53 ft. semi-trailers on designated highways only approved by the state transportation department or a local authority. Maximum length from kingpin to axle is 37.5 ft. to 40.5 ft. There is no restriction on maximum overall tractor-semitrailer length. Allows 5-mile access provision on state highways for food, fuel, repairs or rest.
Minnesota: Allows 53 ft. semi-trailers on any road with an overall length restriction of 75 ft. No restriction on divided highways. Commissioner may designate other than divided highways, subject to local approval, for the purpose of providing reasonable access between divided highways.
Illinois: Allows 53 ft. semi-trailers on designated highways on Class I, II and III highways. Maximum length from kingpin to axle is 45.5 ft. There is no restriction on maximum overall tractor-semitrailer length for Class I and II highways, but a 65 ft. restriction on Class III highway, and a 55 ft. restriction on non-state highways. Allows a 5-mile access provision off a state route.
Iowa: Allows 53-ft. semi-trailers on any highway and no maximum overall semi-trailer length restriction.
Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: The process for identifying routes of importance for commerce has been in place for many years. Most routes of importance have been reviewed for adequacy to accommodate long trucks based on requests from shippers or receivers. As a result, there is a reasonable basis for identifying those routes where 53-foot trailers may not be appropriate and require further consideration through the permanent rule making process. Department traffic engineers and law enforcement personnel familiar with the routes have been involved in these decisions, along with input from local county highway officials and county elected officials. Of primary concern to local units of government was abuse of the 15-mile access provision for food and fuel. County authorities agree that permitting 15-mile access to points of loading and unloading would promote commerce and be enforceable. Food and fuel, they point out, was reachable under the old 5-mile rule. They further contend the 15-mile limit for food and fuel leads to serious enforcement problems. Because the 15-mile access provision is statutory, the Department believes any changes to that limit must be made by the legislature.
Analysis and supporting documentation used to determine effect on small businesses: There has been no analysis to determine the effect on small business as the statutory change has provided significant additional opportunities to use longer trailers when accessing businesses that are not located on routes designated for long trucks, both on and off the state highway system, and therefore the impact is assumed to be positive for small businesses. This would not be the case had the Department not included in the emergency rule the provision to allow access by the designation of intersections of each 75-foot route as a designated long truck route. Since the majority of shipping points or destinations will be accessible based on the expanded access provision, these benefits are assumed to be substantially greater than the impacts of any remaining restrictions on routes that may be reconsidered for designation during the permanent rule making. If the 75-foot access provision is not legislatively adopted, the effect on small business will still be positive, but less so than if the ability to travel off of 75-foot routes were permitted.
Effect on Small Business
The rule expands freight access for small businesses by allowing delivery with 53-foot trailers when located within 15 miles of a designated route. The expanded freight opportunities are expected to benefit small businesses. There is no expectation that enforcement of the rule provisions will change. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Effect and Costs incurred by Private Sector
The fiscal effect of the rule is negligible. The Department is obligated to provide maps as deemed necessary, and those maps and materials require periodic updating. The results of this rule making will be incorporated in a routine update. The Department will take into consideration the potential impacts to infrastructure in determining those routes that are appropriate for specific truck lengths and types. Costs to be incurred by the private sector are voluntary. The rule change will not mandate any equipment changes, but rather will allow expanded use of certain types of existing equipment.
Agency Contact Person and Submission of Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Ashwani Sharma, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Sharma by phone at (608) 266-1273.
To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/ internet, you may visit the following website: http://www. dot.wisconsin.gov/library/research/law/rulenotices.htm.