Agency Contact Person:
Ehren Bittorf
State of Wisconsin Department of Transportation
Division of Transportation Systems Development
4822 Madison Yards Way, 3rd Floor South
Madison, Wisconsin 53705
Phone Number (608) 261-2573
Place Where Comments Should Be Submitted and Deadline: Comments may be submitted to the agency contact person listed above or through the Legislature’s Administrative Rules website http://docs.legis.wisconsin.gov/code until the deadline given in the forthcoming notice of public hearing.
TEXT OF RULE
SECTION 1. Trans 230.01(3)(c)4. is created to read:
Trans 230.01(3)(c)4. Notwithstanding subd. 1. and (3)(e)1., and subject to subd. 2. and 3., if the Governor declares an emergency under Ch. 323, Stats., the department may issue permits for transportation of loads or articles upon state highways which could be reasonably divided at sizes or weights that exceed statutory size or weight limits if the loads or articles being transported are being shipped for the purpose of providing emergency relief goods or services or for removing debris from or restoring property damaged by a weather-related emergency. Permits issued under this subdivision may authorize operation on specified segments of municipal, town or county highways if the maintaining authority for that highway has granted the department agency authority to issue the permits over those segments of its highways during the emergency, which authority may be modified or revoked by the maintaining authority at any time. In authorizing the issuance of permits under this subdivision, the department shall consider the factors involved with the emergency and impacts to the highway infrastructure and safety to decide whether to issue permits under this subdivision, and the maximum length of time, not to exceed six months, for which emergency transportation under this subdivision is permitted. All permits issued under this subdivision are subject to the other conditions of this subsection, except sub. (3)(e)21., and may be cancelled or modified if the department, or maintaining authority in the case of local highways, determines that the need for emergency transportation, or transportation on particular highway segments, no longer exists. Permits issued under this subdivision may not authorize transportation on interstate highways except as allowed under federal law or waivers issued by the U.S. Department of Transportation. Note: During periods of national emergency, federal law allows states to issue special permits allowing transportation of emergency relief supplies in overweight vehicles notwithstanding divisibility of the loads. 23 U.S.C. s. 127(i)(1). Permits making use of this provision of federal law must expire not later than 120 days after the date of the national emergency declaration. 23 U.S.C. s. 127(i)(2). Transportation of debris is not permitted under the federal law. Federal law also provides for increased weight limits for “emergency vehicles” that transport personnel and equipment and are supporting fire suppression or mitigation of other hazardous situations. 23 U.S.C. s. 127(r).
SECTION 2: EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. (END OF RULE TEXT)
Signed this ____ day of January, 2022.
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Craig Thompson, Secretary
State of Wisconsin Department of Transportation
