AB150-SA117,60,43
3. A law enforcement agency, a state agency or a federal governmental agency
4to perform a legally authorized function.
AB150-SA117,60,75
(c) Any person who has received a photograph under par. (b) shall keep the
6photograph confidential and may not disclose or reproduce it except as authorized.
7This paragraph does not apply to the person whose photograph was taken.
AB150-SA117,60,11
11"
Section 6412cab. 343.16 (1) (a) of the statutes is amended to read:
AB150-SA117,61,1412
343.16
(1) (a)
General. The department shall examine every applicant for an
13operator's license, including applicants for license renewal as provided in sub. (3),
14and every applicant for authorization to operate a vehicle class or type for which the
15applicant does not hold currently valid authorization, other than an instruction
16permit. Except as provided in sub. (2) (cm) and (e)
and s. 343.03 (8) (b) and (c), the
17examinations of applicants for licenses authorizing operation of "Class A", "Class B",
18"Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and
19an actual demonstration in the form of a driving skills test of the applicant's ability
20to exercise ordinary and reasonable control in the operation of a representative
21vehicle. The department shall not administer a driving skills test to a person
22applying for authorization to operate "Class M" vehicles who has failed 2 previous
23such skills tests unless the person has successfully completed a rider course
24approved by the department. The department may, by rule, exempt certain persons
1from the rider course requirement of this paragraph. The driving skills of applicants
2for endorsements authorizing the operation of commercial motor vehicles equipped
3with air brakes, the transportation of passengers in commercial motor vehicles or the
4operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested
5by an actual demonstration of driving skills. The department may endorse an
6applicant's commercial driver license for transporting hazardous materials, or the
7operation of tank vehicles or vehicles towing double or triple trailers, as described
8in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In
9administering the knowledge test, the department shall attempt to accommodate
10any special needs of the applicant.
The Except as may be required by the department
11for an "H" or "S" endorsement, the knowledge test is not intended to be a test for
12literacy or English language proficiency. This paragraph does not prohibit the
13department from requiring an applicant to correctly read and understand highway
14signs.
AB150-SA117,61,1816
343.17
(3) (e) 1. "K" restriction, which restricts a person issued a license under
17s. 343.065
to from operating commercial motor vehicles
only within this state and not 18in interstate commerce.
AB150-SA117,61,2220
343.21
(1) (g) For removing a "K" restriction against operation of commercial
21motor vehicles
outside this state or in interstate commerce, the same fee as for a
22duplicate license.
AB150-SA117,62,3
1343.21
(1) (jm) For reinstatement of a previously disqualified authorization to
2operate a commercial motor vehicle, $50. This fee is not applicable to
3disqualifications under s. 343.315 (2) (g).
AB150-SA117,62,75
343.21
(1) (m) For reinstatement of a previously canceled license or
6endorsement, $50. This fee includes reinstatement of any classification or
7endorsement applied for at the same time for which the applicant is qualified.
AB150-SA117,63,139
343.23
(2) The department shall maintain a file for each licensee containing the
10application for license, permit or endorsement, a record of reports or abstract of
11convictions, the status of the licensee's authorization to operate different vehicle
12groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9)
13(am) and a record of any reportable accident in which the licensee has been involved,
14including specification of the type of license and endorsements issued under this
15chapter under which the licensee was operating at the time of the accident and an
16indication whether or not the accident occurred in the course of the licensee's
17employment as a law enforcement officer, fire fighter or emergency medical
18technician — paramedic or as a person engaged, by an authority in charge of the
19maintenance of the highway, in highway winter maintenance snow and ice removal
20during either a storm or cleanup following a storm. This information must be filed
21by the department so that the complete operator's record is available for the use of
22the secretary in determining whether operating privileges of such person shall be
23suspended, revoked, canceled or withheld in the interest of public safety. The record
24of suspensions, revocations and convictions that would be counted under s. 343.307
25(2)
and of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be
1maintained for at least 10 years. The record of convictions for disqualifying offenses
2under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of
3convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
4maintained permanently, except that 5 years after a licensee transfers residency to
5another state such record may be transferred to another state of licensure of the
6licensee if that state accepts responsibility for maintaining a permanent record of
7convictions for disqualifying offenses. Such reports and records may be cumulative
8beyond the period for which a license is granted, but the secretary, in exercising the
9power of revocation granted under s. 343.32 (2) may consider only those reports and
10records entered during the 4-year period immediately preceding the exercise of such
11power of revocation. For purposes of this subsection, "highway winter maintenance
12snow and ice removal" includes plowing, sanding, salting and the operation of
13vehicles in the delivery of those services.
AB150-SA117,63,1515
343.245
(3) (b) 3. Is subject to an out-of-service order in any state;
or
AB150-SA117,63,1716
4. Has more than one operator's license, except during the 10-day period
17beginning on the date on which the employe is issued an operator's license
.; or
AB150-SA117,63,2019
343.245
(3) (b) 5. Does not possess a valid commercial driver license properly
20endorsed to permit operation of the vehicle.
AB150-SA117,63,2422
343.245
(4) (b) Any person who violates sub. (3) (b) shall be fined not
more than
23$5,000 less than $2,500 nor more than $10,000 or imprisoned for not more than 90
24days or both.
AB150-SA117, s. 6412ckb
1Section 6412ckb. 343.265 (1) (intro.) of the statutes is renumbered 343.265
2(1) and amended to read:
AB150-SA117,64,83
343.265
(1) The department may accept the voluntary surrender of the
4operator's license of a person who has a mental or physical disability or disease or
5a medical condition which prevents or may prevent the person from exercising
6reasonable control over a motor vehicle if the person's operating privilege is not
7subject to suspension or revocation for any reason
and if either of the following
8conditions are satisfied:.
AB150-SA117,64,2211
343.28
(1) Whenever a person is convicted of a moving traffic violation under
12chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court
13in which the conviction occurred, or the justice, judge or magistrate of a court not
14having a clerk, shall, as provided in s. 345.48, forward to the department the record
15of such conviction. The record of conviction forwarded to the department shall state
16whether the offender was involved in an accident at the time of the offense, whether
17the offender was operating a commercial motor vehicle at the time of the offense and,
18if so, whether the offender was transporting hazardous materials
or operating a
19vehicle designed to carry, or actually carrying, 16 or more passengers, including the
20driver. Whenever a person is convicted of exceeding a posted speed limit, the record
21of conviction forwarded to the department shall include the number of miles per hour
22in excess of the posted speed limit.
AB150-SA117,65,924
343.28
(2) Whenever a person is convicted of any offense for which s. 343.31
25makes mandatory the revocation by the secretary of such person's operating
1privilege, the court in which the conviction occurred shall require the surrender to
2it of any license then held by such person. The clerk of the court, or the justice, judge
3or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the
4department the record of conviction and any surrendered licenses. The record of
5conviction forwarded to the department shall state whether the offender was
6involved in an accident at the time of the offense, whether the offender was operating
7a commercial motor vehicle at the time of the offense and, if so, whether the offender
8was transporting hazardous materials
or operating a vehicle designed to carry, or
9actually carrying, 16 or more passengers, including the driver.
AB150-SA117,65,1911
343.305
(10) (em) One penalty for improperly refusing to submit to a test for
12intoxication regarding a person arrested for a violation of s. 346.63 (2m)
or (7) or a
13local ordinance in conformity therewith is revocation of the person's operating
14privilege for 6 months. After the first 15 days of the revocation period, the person
15is eligible for an occupational license under s. 343.10. Any such improper refusal or
16revocation for the refusal does not count as a prior refusal or a prior revocation under
17this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person shall not be
18required to submit to and comply with any assessment or driver safety plan under
19pars. (c) and (d).
AB150-SA117,66,321
343.315
(2) (f) (intro.) A person is disqualified for a period of 60 days from
22operating a commercial motor vehicle if convicted of 2 serious traffic violations,
or 23and 120 days if convicted of 3 serious traffic violations, arising from separate
24occurrences committed within a 3-year period while driving or operating a
25commercial motor vehicle. The
department shall consider only offenses committed
1on or after November 2, 1989 in applying 120-day period of disqualification under
2this paragraph shall be in addition to any other period of disqualification imposed
3under this paragraph. In this paragraph, "serious traffic violations" means:
AB150-SA117,66,75
343.315
(2) (fm) A person is disqualified for a period of 60 days from operating
6a commercial motor vehicle if convicted of violating s. 343.14 (5) or 345.17, if the
7violation relates to an application for a commercial driver license.
AB150-SA117,66,179
343.315
(2) (h) Except as provided in par. (i), a person is disqualified for a period
10of 90 days from operating a commercial motor vehicle if convicted of an
11out-of-service violation, or one year if convicted of 2 out-of-service violations, or 3
12years if convicted of 3 or more out-of-service violations, arising from separate
13occurrences committed within a 10-year period while driving or operating a
14commercial motor vehicle. A disqualification under this paragraph shall be in
15addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service
16violation" means violating s. 343.44 (1) by operating a commercial motor vehicle
17while ordered out-of-service under state or federal law.
AB150-SA117,67,219
343.315
(2) (i) If the violation listed in par. (h) occurred in the course of
20transporting hazardous materials or while operating a vehicle designed to carry, or
21actually carrying, 16 or more passengers, including the driver, the person shall be
22disqualified from operating a commercial motor vehicle for 180 days upon a first
23conviction, or for a 3-year period for a 2nd or subsequent conviction, arising from
24separate occurrences committed within a 10-year period while driving or operating
1a commercial motor vehicle. A disqualification under this paragraph shall be in
2addition to any penalty imposed under s. 343.44.
AB150-SA117,67,154
343.315
(3) (a) Notwithstanding s. 343.39, if a person's license or operating
5privilege is revoked or suspended as the result of an offense committed after March
631, 1992, which results in disqualification under sub. (2), the
department shall
7immediately disqualify the person from operating a commercial motor vehicle for the
8period required under sub. (2). The person's authorization to operate a commercial
9motor vehicle shall not be reinstated upon expiration of the period of revocation or
10suspension unless the period of disqualification has also expired. During any period
11of disqualification in which the person's license or operating privilege is not revoked
12or suspended, the department may issue an operator's license to the person for the
13operation of vehicles other than commercial motor vehicles.
Upon expiration of the
14period of disqualification, the person may apply for authorization to operate
15commercial motor vehicles as provided in s. 343.14.
AB150-SA117,68,217
343.315
(3) (b) If a person's license or operating privilege is not otherwise
18revoked or suspended as the result of an offense committed after March 31, 1992,
19which results in disqualification under sub. (2) (a) to (f)
, (h) or (i), the department
20shall immediately
cancel the person's license disqualify the person from operating
21a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h) or (i).
22 Upon proper application by the person and payment of a duplicate license fee, the
23department may issue a separate license authorizing only the operation of vehicles
24other than commercial motor vehicles. Upon expiration of the period of
1disqualification, the person may apply for authorization to operate commercial
2motor vehicles under s. 343.26.
AB150-SA117,68,104
343.32
(4) In adopting rules for weighing traffic convictions by their
5seriousness under sub. (2), the secretary shall provide by rule for a reduction of up
6to 3 points if a person shows to the department satisfactory evidence of completion
7of a rider course approved by the secretary. This subsection applies only to demerit
8points relating to violations committed before completion of the rider course by a
9person while driving or operating a Type 1 motorcycle.
No person is eligible for more
10than one point reduction of up to 3 points under this subsection.
AB150-SA117,68,13
12343.325 (title)
Courts to report appeals; when appeal stays suspension
13or, revocation or disqualification.
AB150-SA117,68,2415
343.325
(2) Notwithstanding ss. 343.31
, 343.315 and 343.32 and except as
16otherwise provided in sub. (4), the secretary shall not suspend or revoke a person's
17operating privilege
or disqualify a person from operating a commercial motor vehicle 18on the basis of a conviction if the secretary receives from the court in which the
19conviction occurred a certificate stating that an appeal from the conviction has been
20taken. If the secretary receives such certificate after suspension or revocation of the
21operating privilege, the operating privilege shall be reinstated without requiring
22compliance with s. 343.38. If the secretary receives the certificate after suspension
23of the operating privilege
or disqualification, the operating privilege
or authorization
24to operate a commercial motor vehicle shall be reinstated automatically.
AB150-SA117,69,11
1343.325
(3) Whenever suspension or revocation of an operating privilege
or a
2disqualification has been withheld as provided in sub. (2) and the department
3receives notice that the conviction in question has been affirmed on appeal or that
4the appeal has been dropped, the secretary shall suspend or revoke such operating
5privilege
or disqualify the person from operating a commercial motor vehicle on the
6same basis as if the appeal had not been taken, but the period of suspension
or, 7revocation
or disqualification shall run from the date of suspension
or, revocation
or
8disqualification following the affirmance of the conviction or dropping of the appeal,
9less any time the operating privilege had been suspended or revoked
or the
10authorization to operate a commercial motor vehicle had been disqualified prior to
11the receipt by the secretary of the certificate under sub. (2).
AB150-SA117,69,1913
343.325
(3m) Whenever the suspension or revocation of an operating privilege
14or a disqualification has been rescinded or withheld because of administrative
15action, an appeal, or a court order to reopen, stay or vacate a conviction, suspension
16or, revocation
or disqualification, and that suspension
or, revocation
or
17disqualification is subsequently reimposed, the period of suspension
or, revocation
18or disqualification so reimposed shall be reduced by the period of suspension
or, 19revocation
or disqualification previously served.
AB150-SA117,70,221
343.325
(4) If a person whose suspension
or
, revocation
or disqualification was
22stayed pursuant to sub. (2) is convicted of an offense for which revocation
or
23disqualification is mandatory under s. 343.31
or 343.315, during the pendency of the
24appeal of the original conviction, the secretary shall forthwith revoke such person's
25operating privilege
or disqualify the person from operating a commercial motor
1vehicle on account of the latter conviction, notwithstanding the appeal of either or
2both convictions.
AB150-SA117,70,64
343.325
(5) This section shall not prevent suspension or revocation of an
5operating privilege
or a disqualification if there are grounds for suspension
or, 6revocation
or disqualification other than the conviction in question.
AB150-SA117,70,118
343.325
(6) (a) If a court enters an order reopening, vacating or staying a
9conviction or a suspension or revocation of an operating privilege
or a
10disqualification, the court shall promptly forward a copy of that order to the
11department.
AB150-SA117,70,14
13343.44 (title)
Driving while disqualified
, out of service or ordered
14out-of-service or after license revoked or suspended.
AB150-SA117,70,2416
343.44
(1) No person whose operating privilege has been duly revoked or
17suspended pursuant to the laws of this state shall operate a motor vehicle upon any
18highway in this state during such suspension or revocation or thereafter before filing
19proof of financial responsibility or before that person has obtained a new license in
20this state, including an occupational license, or the person's operating privilege has
21been reinstated under the laws of this state. No person may operate a commercial
22motor vehicle while ordered out-of-service
as provided in s. 343.305 (7) (b) or (9) (am) 23under state or federal law. No person may operate a commercial motor vehicle
after
24March 31, 1992, while disqualified as provided in s. 343.315.
AB150-SA117,71,7
1343.44
(3) Refusal to accept or failure to receive an order of revocation
or, 2suspension
or disqualification mailed by 1st class mail to such person's last-known
3address shall not be a defense to the charge of driving after revocation
or, suspension
4or disqualification. If the person has changed his or her address and fails to notify
5the department as required in s. 343.22 then failure to receive notice of revocation
6or, suspension
or disqualification shall not be a defense to the charge of driving after
7revocation
or, suspension
or disqualification.
AB150-SA117,71,129
343.44
(4r) In addition to other penalties for violation of this section, if a person
10has violated this section after he or she was ordered out-of-service under state or
11federal law as provided in s. 343.315, the violation shall result in disqualification
12under s. 343.315 (2) (h) or (i).
AB150-SA117,71,20
14344.12 Applicability of provisions relating to deposit of security for
15past accidents. Subject to the exceptions contained in s. 344.14, the provisions of
16this chapter requiring deposit of security and requiring revocation for failure to
17deposit security apply to the operator and owner of every motor vehicle which is in
18any manner involved in an accident in this state which has resulted in bodily injury
19to or death of any person or damage to property of any other person in excess of
$500 20$1,000.
AB150-SA117,71,2522
344.14
(2) (e) To the operator or owner of a vehicle involved in an accident
23wherein no injury was caused to the person of anyone other than such operator or
24owner and wherein damage to property of any one person other than such operator
25or owner did not exceed
$500 $1,000.".
AB150-SA117,72,5
5"
Section 6416smb. 346.70 (1) of the statutes is amended to read:
AB150-SA117,72,226
346.70
(1) Immediate notice of accident. The operator of a vehicle involved in
7an accident resulting in injury to or death of any person, any damage to state or other
8government-owned property, except a state or other government-owned vehicle, to
9an apparent extent of $200 or more or total damage to property owned by any one
10person or to a state or other government-owned vehicle to an apparent extent of
$500 11$1,000 or more shall immediately by the quickest means of communication give
12notice of such accident to the police department, the sheriff's department or the
13traffic department of the county or municipality in which the accident occurred or
14to a state traffic patrol officer. In this subsection, "injury" means injury to a person
15of a physical nature resulting in death or the need of first aid or attention by a
16physician or surgeon, whether or not first aid or medical or surgical treatment was
17actually received; "total damage to property owned by one person" means the sum
18total cost of putting the property damaged in the condition it was before the accident,
19if repair thereof is practical, and if not practical, the sum total cost of replacing such
20property. For purposes of this subsection if any property which is damaged is held
21in a form of joint or multiple ownership, the property shall be considered to be owned
22by one person.".
AB150-SA117,73,2
1"
Section 6416vib. 348.15 (3) (bg), (br), (bv) and (e) of the statutes are amended
2to read:
AB150-SA117,73,123
348.15
(3) (bg) In the case of a vehicle or combination of vehicles transporting
4exclusively milk from the point of production to the primary market and the return
5of dairy supplies and dairy products from such primary market to the farm, the gross
6weight imposed on the highway by the wheels of any one axle may not exceed 21,000
7pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more
8consecutive axles more than 9 feet apart, a weight of 2,000 pounds more than is
9shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply
10to the national system of interstate and defense highways
, except for that portion of
11USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51
12and the I 90/94 interchange near Portage upon their federal designation as I 39.
AB150-SA117,73,2213
(br) In the case of a vehicle or combination of vehicles transporting exclusively
14peeled or unpeeled forest products cut crosswise or in the case of a vehicle or
15combination of vehicles transporting exclusively scrap metal, the gross weight
16imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds
17or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive
18axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c),
19but not to exceed 80,000 pounds. This paragraph does not apply to the national
20system of interstate and defense highways
, except for that portion of USH 51
21between Wausau and STH 78 and that portion of STH 78 between USH 51 and the
22I 90/94 interchange near Portage upon their federal designation as I 39.
AB150-SA117,74,923
(bv) In the case of a vehicle or combination of vehicles used primarily for the
24transportation of septage, as defined in s. 144.08 (1) (a), the gross weight imposed on
25the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2
1axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles
2more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c) or,
3for groups of 4 or more consecutive axles more than 10 feet apart, a weight of 6,000
4pounds more than is shown in par. (c) or, for groups of 5 or more consecutive axles
5more than 14 feet apart, a weight of 7,000 pounds more than is shown in par. (c), but
6not to exceed 80,000 pounds. This paragraph does not apply to the national system
7of interstate and defense highways
, except for that portion of USH 51 between
8Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94
9interchange near Portage upon their federal designation as I 39.
AB150-SA117,74,1810
(e) Notwithstanding pars. (a), (b) and (c), in the case of a vehicle or combination
11of vehicles transporting exclusively livestock, the gross weight imposed on the
12highway by the wheels of any one axle or axle group may exceed the applicable weight
13limitation specified in pars. (a), (b) and (c) by 15% if the gross weight of the vehicle
14or combination of vehicles does not exceed the maximum gross weight specified for
15that vehicle or combination of vehicles under par. (c). This paragraph does not apply
16to the national system of interstate and defense highways
, except for that portion of
17USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51
18and the I 90/94 interchange near Portage upon their federal designation as I 39.
AB150-SA117,75,15
20348.175 Seasonal operation of vehicles hauling peeled or unpeeled
21forest products cut crosswise or abrasives or salt for highway winter
22maintenance. The transportation of peeled or unpeeled forest products cut
23crosswise or of abrasives or salt for highway winter maintenance in excess of gross
24weight limitations under s. 348.15 shall be permitted during the winter months
25when the highways are so frozen that no damage may result thereto by reason of such
1transportation. If at any time any person is so transporting such products or
2abrasives or salt upon a class "A" highway in such frozen condition then that person
3may likewise use a class "B" highway without other limitation, except that chains
4and other traction devices are prohibited on class "A" highways but such chains and
5devices may be used in cases of necessity. The officers or agencies in charge of
6maintenance of highways, upon determination of such frozen condition and freedom
7of damage to such highways by transportation shall declare particular highways, or
8highways within areas of the state as eligible for increased weight limitations. Such
9declaration shall include the maximum weight on each axle, combination of axles
10and the gross weight allowed. Any person transporting any such product over any
11highway of this state under this section is liable to the maintaining authority for any
12damage caused to such highway. This section does not apply to the national system
13of interstate and defense highways
, except for that portion of USH 51 between
14Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94
15interchange near Portage upon their federal designation as I 39.
AB150-SA117,76,217
348.19
(2) (b) If upon weighing a vehicle transporting livestock a traffic officer
18determines that the gross weight of the vehicle exceeds the limitations imposed by
19s. 348.15 or 348.16 or a limitation posted as provided in s. 348.17 (1), and if the point
20of apprehension is 15 miles or less from the destination of the vehicle, the traffic
21officer shall permit the operator of the vehicle to proceed to such destination without
22requiring the vehicle to be reloaded or unloaded as provided in par. (a). This
23paragraph does not apply to vehicles transporting livestock on the national system
24of interstate and defense highways
, except for that portion of USH 51 between
1Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94
2interchange near Portage upon their federal designation as I 39.
AB150-SA117,76,7
3(4) Subsection (1) (b) shall not apply to vehicles transporting peeled or
4unpeeled forest products on the national, interstate or defense highway systems
,
5except for that portion of USH 51 between Wausau and STH 78 and that portion of
6STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal
7designation as I 39.
AB150-SA117,76,219
348.27
(4) Industrial interplant permits. The department may issue, to
10industries and to their agent motor carriers owning and operating oversize vehicles
11in connection with interplant, and from plant to state line, operations in this state,
12annual or consecutive month permits for the operation of such vehicles over
13designated routes, provided that such permit shall not be issued under this section
14to agent motor carriers or
, except for that portion of USH 51 between Wausau and
15STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near
16Portage upon their federal designation as I 39, from plant to state line for vehicles
17or loads of width exceeding 102 inches upon routes of the national system of
18interstate and defense highways. If the routes desired to be used by the applicant
19involve city or village streets or county or town highways, the application shall be
20accompanied by a written statement of route approval by the officer in charge of
21maintenance of the highway in question.