LRBs0269/1
PEN:jlg:km
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 SENATE BILL 265
March 28, 2000 - Offered by
Committee on Insurance, Tourism, Transportation
and Corrections.
SB265-SSA1,1,5
1An Act to renumber 346.94 (7);
to renumber and amend 348.10 (2);
to amend
2347.46 (2) (intro.); and
to create 346.94 (7) (b), 347.46 (2) (d) and 348.10 (2) (b)
3and (c) of the statutes;
relating to: transporting bulk materials on a highway,
4liability for spilling waste or foreign matter upon or along a highway and
5mudguards on motor trucks and semitrailers transporting bulk materials.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB265-SSA1, s. 1
6Section
1. 346.94 (7) of the statutes is renumbered 346.94 (7) (a).
SB265-SSA1,1,98
346.94
(7) (b) Any person who violates par. (a) is liable for any harm to another
9person using the highway or to another vehicle resulting from the violation.
SB265-SSA1, s. 3
10Section
3. 347.46 (2) (intro.) of the statutes is amended to read:
SB265-SSA1,2,711
347.46
(2) (intro.) No person
shall
may operate on a highway in intercity
12movement any privately owned motor truck or privately owned semitrailer drawn
1by a truck tractor, except those motor trucks and semitrailers equipped with dump
2bodies, unless such motor truck or semitrailer is equipped with
rear fenders or 3mudguards
or, except for those motor trucks and semitrailers transporting sand,
4gravel, dirt, rock, refuse or similar bulk material, rear fenders of such material and
5so constructed and placed as to restrict to a minimum the splashing of water, mud
6or other material which may be thrown by the rear wheels. Such rear fenders or
7mudguards shall meet the following minimum specifications:
SB265-SSA1,2,129
347.46
(2) (d) Notwithstanding pars. (a) to (c), the mudguards on a motor truck
10or semitrailer transporting sand, gravel, dirt, rock, refuse or similar bulk material
11shall be mounted to the rear of the axles, cover the entire width of the vehicle and
12have a ground clearance of not more than 6 inches when the vehicle is loaded.
SB265-SSA1, s. 5
13Section
5. 348.10 (2) of the statutes is renumbered 348.10 (2) (a) and amended
14to read:
SB265-SSA1,2,1715
348.10
(2) (a) No person
shall may operate a vehicle on a highway unless such
16vehicle is so constructed and loaded as to prevent its contents from dropping, sifting,
17leaking or otherwise escaping therefrom.
SB265-SSA1, s. 6
18Section
6. 348.10 (2) (b) and (c) of the statutes are created to read:
SB265-SSA1,2,2419
348.10
(2) (b) Notwithstanding par. (a), no person may operate on a highway
20a vehicle loaded with sand, gravel, dirt, rock, refuse or similar bulk material that is
21not in containers, unless the vehicle is so loaded and covered as to prevent the load
22from dropping or sifting from the vehicle. "Bulk material" does not include plants,
23plant parts, animals, or animal products produced by a person primarily for sale,
24consumption, propagation or other use by humans or animals.
SB265-SSA1,3,3
1(c) This subsection does not apply to the application of a bulk material to a
2highway for the purposes of maintenance or construction of the highway or of
3highway winter maintenance snow and iced removal.
SB265-SSA1,3,75
(1) The renumbering of section 346.94 (7) of the statutes and the creation of
6section 346.94 (7) (b) of the statutes first apply to material spilled on or along a
7highway on the effective date of this subsection.
SB265-SSA1,3,118
(2) The treatment of section 347.46 (2) (intro.) and (d) of the statutes, the
9renumbering and amendment of section 348.10 (2) of the statutes and the creation
10of section 348.10 (2) (b) and (c) of the statutes first apply to motor trucks operated
11on the effective date of this subsection.
SB265-SSA1,3,1413
(1)
This act takes effect on the first day of the 4th month beginning after
14publication.
