Chapters Trans 254 and 255.
Relating to
Single trip and multiple trip permits for oversize or overweight vehicles or loads.
Rule Type
Permanent. (Revisions)
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
The purpose of this rulemaking is to propose modifications to the regulations related to the transportation of oversize loads on Wisconsin highways. It is almost impossible to briefly summarize all the various rules and exceptions to rules governing the transportation of oversize loads. In general, trucks and their loads should be 8' 6" or narrower, 13' 6" or shorter, and less than 75' in length. Length requirements, in particular, are highly variable and range from 45' to 75' depending on the configuration of the truck hauling the load.
If practical, loads that exceed legal dimensions should be divided into manageable loads that meet the size restrictions. If the load consists of commodities that are indivisible, the load must be hauled in one trip. Special permission and precautions must be taken to insure the highway facility and other property is not damaged by the transport. A permitting system coordinates the granting of special permission to transport oversize vehicles and loads.
A. Current Restrictions
Under current law, the Wisconsin Department of Transportation (WisDOT) and local authorities regulate the time of day oversize vehicles can operate. Oversize loads can generally travel on weekdays during daylight hours on state highways. Under s. Trans 254.11, travel times are restricted to keep these oversize loads from slowing traffic and reducing safety during heavy traffic periods.
Travel times were established many years ago and currently restrict the travel time for oversize loads as follows:
  To reduce traffic slowdowns and accidents, and protect public safety during peak tourist travel times, an oversize vehicle/load that is equal to or less than 12 feet in width, 13 1/2 feet in height, and 100 feet in length, may NOT be operated:
o   Between 4:00 p.m. and 11:00 p.m. on Sunday;
o   Between 4:00 p.m. and 11:00 p.m. on Fridays between the 4th Friday in May and Labor Day.
o   Between 4:00 p.m. and 11:00 p.m. on any holiday, or, when Independence Day falls on Sunday, on the following Monday;
o   Between 4:00p.m. and 11:00 p.m. on the day before any holiday, except that this restriction does not apply to Independence Day when it falls on a Sunday.
  Because oversize loads are more than one-lane wide, higher than many overhead obstructions such as bridges and wires, too long to easily navigate much of the highway system, and create a greater risk to travelers, an oversize vehicle/load that exceeds 12 feet in width, 13 1/2 feet in height, or 100 feet in length, cannot operate at any of the times listed above, nor may it operate:
o   During the hours of darkness;
o   During the period beginning at 12:00 noon on the preceding day, and continuing until sunrise on the day following every Sunday and holiday.
  To protect commuter traffic on the Milwaukee County Freeway System, oversize vehicles equal to or Jess than 12 feet in width, 13 1/2 feet in height, and 100 feet in length, may NOT be operated:
o   Between 6:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 6:00 p.m. on Monday through Thursday;
o   Between 6:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 11:00 p.m. on Fridays and Sundays;
o   These Milwaukee restrictions do not apply to U.S. highway 45 between West Florist Avenue and West Hampton Avenue, or on interstate highway 94 between the Waukesha county line and 108th Street.
  Oversize vehicles/loads that exceed 11 feet in width, 13 1/2 feet in height, or 100 feet in length, cannot operate on the Milwaukee County Freeway System at any time. Section Trans 254.12 (2). Such loads are currently transported over non-freeway system routes through the county. Travel is permitted on U.S. highway 45 between West Florist Avenue and West Hampton Avenue and on interstate highway 94 between the Waukesha county line and 108th Street.
Notwithstanding these limitations on when oversize vehicles/loads may travel, a permitting authority, such as WisDOT, may override these time restrictions. Under extraordinary circumstances, the issuing authority may impose additional conditions to promote the safe operation of the vehicle and load when it believes public health and welfare are better served.
The general purpose of these time restrictions is to protect public safety during weekday commuter travel periods and weekend tourist travel periods. These times were chosen based on the empirical observation of traffic movements and limited data available on traffic volumes at that time. The complete prohibition of the transportation of loads that exceed 11 feet in width, 13 1/2 feet in height, or 100 feet in length from the Milwaukee County Freeway System reflected a number of significant shortcomings in the freeway system, such as a large number of low bridges and tight radius ramps.
Chapter Trans 254 is the administrative rule applicable to permits issued under s. 348.26 (2), Stats.,- the Single Trip Permit for transport of non-divisible commodities other than manufactured housing. The Single Trip Permit is the most commonly issued oversize and overweight vehicle permit. WisDOT issues approximately 42,000 such permits each year. Highway maintenance authorities in cities, villages, townships and counties may also issue permits authorized by s. 348.26 (2), Stats., however, the changes considered in this rulemaking will not affect permit issuance by those jurisdictions.
Chapter Trans 255 is the administrative rule applicable to permits issued under s. 348.27 (2), Stats.,- “Annual and Consecutive Month Permit." This refers to multiple use permits issued for the transport of non-divisible equipment and material. WisDOT issues approximately 8,000 such permits each year. Only WisDOT may issue permits authorized by s. 348.27 (2), Stats. Local units of government do not issue permits similar to those issued by WisDOT under Ch. Trans 255; WisDot permits grant authority to operate on both state and local highways.
B. Changes Proposed
Modern data collection tools used by WisDOT now make it possible for the department to propose more specific limitations on travel times than those specified in current law to better facilitate oversize vehicle/load movements. The department believes better traffic modeling that has resulted from new traffic control systems permits WisDOT to target closures to oversize transportation more strategically. Improvements and changes to the Milwaukee County Freeway System have eliminated some of the structural shortcomings of that system. However, given the impact of hauling such loads over surface streets, WisDOT believes consideration should be given to modifying the complete ban on transportation of larger oversize loads on the Milwaukee County Freeway System. Indeed, some of these largest loads, such as bridge components, must be transported over that system during hours of darkness to facilitate repair of that system.
WisDOT believes that some of the special operation conditions imposed by these regulations are no longer necessary to ensure that oversize commercial vehicles can operate safely and without causing excessive travel delays for standard trucks and passenger vehicles. The specialized motor carrier industry has requested changes to these rules to reduce operating costs and meet customer needs.
Finally, as with any regulatory scheme, Chs. Trans 254 and 255 contain some provisions that are simply outdated. This rulemaking will consider modifying or revising some outdated provisions of these chapters. In addition, the proposed changes to Chs. Trans 254 and 255 will reflect changes in the processes, locations and technology by which oversize/overweight permits may be obtained and how they are processed.
For example, WisDOT would propose:
  To require permit applicants who have e-mail addresses to provide that e-mail address to the department to facilitate communication with the permittee.
  To eliminate provisions in the rule related to telephonic call-in procedures that are no longer used. (An internet application process has replaced it.)
  To amend or eliminate references to freeway or expressway system restrictions which are no longer necessary because improvements in the system have eliminated the hazards targeted by the restrictions.
The proposed changes will affect only those regulatory conditions associated with vehicle dimension - regulations governing the height and width of loads. Proposed changes will not affect current operating limitations associated with vehicle weight.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
CURRENT LAW - Chs. Trans 254 and 255:
1. Set operating conditions for permitted vehicles based on vehicle dimension (ss. Trans 254.11 and 255.1 1):
a. That limit operation during specified times of day based on route, e.g., no travel between 3 p.m. and 11 p.m. on Friday, year-round, in Milwaukee; and
b. That limit operation based on a specified day of the week, e.g., no travel on Sunday between 4 p.m. and 11 p.m. year-round and state-wide; and
c. That limits operation based on proximity to legal holidays and during the summer.
2. Establish maximum dimensions allowed for vehicles operating on the Milwaukee County Freeway System (ss. Trans 254.12 (2) and 255.12 (2)):
a. 11 feet in width;
b. 13% feet in height, and
c. 100 feet in length
3. Prohibit operation of some vehicles on the Milwaukee County Freeway System, except in extraordinary circumstances (ss. Trans 254.12 (3) and 255.12 (3)):
a. Vehicles exceeding the dimensions specified -+-in No. 2 above; and
b. Certain other vehicle types, e.g., scrapers.
4. Require “hazard markers" of a specific size and color, placed in a specific location (ss. Trans 254. 10 (5) and 255.10 (5)).
5. Identify the technology and locations at which to obtain an oversize/overweight permit (ss. Trans 254.03 (2) and 255.03 (2)).
PROPOSED CHANGES - A through D
A) Chapters Trans 254.11 and 255.11, Times of Operation
1. Consider eliminating restrictions on Sunday hours of operation in all counties except Milwaukee, Dane, Brown, Rock, Eau Claire, Waukesha and Columbia Counties (counties where peak tourist travel volumes suggest ending restrictions may create traffic and safety problems).
2. Consider eliminating restrictions on Friday evening hours of operation in all counties, except Milwaukee, Dane, Brown, Rock, Eau Claire, Waukesha and Columbia Counties (counties where peak tourist travel volumes suggest ending restrictions may create traffic and safety problems).
3. Consider modifying time of day restrictions to allow more hours of operation in those counties that would continue to have weekend tourist travel time limits on hours of operation.
4. Current law prohibits oversize vehicle operation on Fridays and Sundays during the tourist season between 3 p.m. and 11 p.m. in Milwaukee County and between 4 p.m. and 11 p.m. in all other counties. WisDOT will consider reducing the prohibited travel period to the hours between 3:30 p.m. and 7:30 p.m. on Fridays and Sundays in selected counties that traffic data suggest need weekend oversize operation limits.
5. WisDOT will consider extending the tourist season during which the Friday and Sunday limit on hours of operation are in effect. The current tourist season restriction period runs from the 4th Friday in May through Labor Day. Travel statistics show, however, that the tourist season now stretches well into the fall. WisDOT proposes extending the tourist season restriction period through November 1 st. Highway traffic statistics reflect a demonstrable need for Friday night travel restrictions during the early fall.
ALTERNATIVES CONSIDERED
There is a myriad combination of alternatives that could be considered. This list of alternatives reflects only those variations that WisDOT believes are safe because of changes in the transportation environment, and that would be responsive to requests from the motor carrier industry.
1. Not changing the hours when oversize operation is prohibited in Milwaukee County.
2. Retaining Sunday hours of operation restrictions in a greater number of counties.
3. Retaining Friday hours of operation restrictions in a greater number of counties.
4. Basing Friday and Sunday hours of operation restrictions on different variables:
a. Highway characteristics, e.g., four-lane divided highway- no restriction of /bi-directional traffic - maintain current restrictions; or
b. Population of metropolitan areas; or
c. Current traffic volume as measured by WisDOT service levels.
5. Not extending Friday tourist season time restrictions into the fall.
WHY THESE ALTERNATIVES ARE NOT RECOMMENDED
1. WisDOT has greatly increased maintenance and construction work that must be performed at night. Although not exclusive, restrictions on hours of operation in Milwaukee County are often in direct conflict with the contractual requirements of public projects. Since the enactment of the current rule provisions, WisDOT has improved highway design and added highway lane miles. Improvements to Wisconsin's highways make the proposed changes feasible and justifiable without compromising safe and convenient highway use.
2. Analysis of traffic volume data supports reducing limitations on hours of operation in urban counties, but does not support elimination of commuter-hour restrictions.
3. Traffic volume data strongly supports reducing limits on Sunday operation.
4. Traffic volume data supports extending Friday travel limitations into the fall in certain areas of Wisconsin.
5. Traffic volume data supports reducing the number of hours during which Friday night tourist season restrictions are imposed.
6. WisDOT hopes to achieve a balance between very narrowly targeted restriction and restrictions that are simple enough to be easily understood by the regulated industry and are enforceable at the roadside.
7. The department believes that restrictions based on county of operation are a recognizable and familiar variable for the industry.
B) Sections Trans 254.12 (2) and 255.12 (2), Route Limitations
WisDOT proposes to:
1. Increase the maximum vehicle width, height and length allowed for vehicles operating on the Milwaukee County Freeway System:
a. From a maximum length of 100 feet to a length of 125 feet; and
b. From a maximum height of 13% feet to a height of 14 feet; and
c. From a maximum width of 11 feet to a width of 14 feet.
ALTERNATIVES CONSIDERED
These alternatives reflect only those variations that WisDOT believes are safe because of changes in the transportation environment and that would be responsive to requests from the motor carrier industry.
1. Make no change to maximum length or height allowed on the Milwaukee County Freeway System;
2. Increase width to 12 feet on the Milwaukee County Freeway System;
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