2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 164
January 15, 2008 - Offered by Representative Friske.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Analysis by the Legislative Reference Bureau
Under current law, with limited exceptions, no person may operate upon a
highway any vehicle or combination of vehicles that exceeds certain statutory weight
limits unless the person obtains a permit issued by the Department of
Transportation (DOT) or a local highway authority. One exception allows DOT and
local highway authorities to declare certain highways under their jurisdiction as
frozen and eligible for increased weight limitations, and to establish increased
weight limitations on these highways, for the transportation of certain forest
products or of abrasives or salt for highway winter maintenance in excess of
generally applicable statutory weight limitations.
2005 Wisconsin Act 167 (Act 167) eliminated, effective January 1, 2011, this
frozen road weight limitation exception with respect to vehicles transporting certain
forest products. This substitute amendment repeals Act 167's elimination of the
frozen road weight limitation exception for forest products, thereby restoring this
exception. The substitute amendment also requires that DOT and local highway
authorities, with respect to highways under their respective jurisdictions, make
frozen road declarations on the first day that conditions warrant, as determined by
DOT and local highway authorities under applicable standards, and that these
declarations become effective as of 12:01 a.m. on the second day following the
declaration.
Under current law, with limitations, DOT may issue an annual or consecutive
month permit for the transportation of raw forest products, fruits, or vegetables
under specified circumstances in vehicles exceeding generally applicable statutory
weight limitations (a raw forest products, fruits, and vegetables permit). Act 167
eliminated, effective January 1, 2011, the raw forest products, fruits, and vegetables
permit, as it applies to raw forest products, in the form in which it existed prior to
Act 167. Act 167 created a new version of this permit applicable to raw forest
products, which became effective on May 19, 2006. Between May 19, 2006, and
January 1, 2011, an applicant may apply for either version of the permit.
This substitute amendment repeals Act 167's elimination of the version of the
raw forest products, fruits, and vegetables permit as it existed prior to Act 167,
thereby restoring the availability of this version of the permit beyond January 1,
2011. The substitute amendment does not affect the new version of the permit
created in Act 167.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB164-ASA1,3,14
2348.175 Seasonal operation of vehicles hauling peeled or unpeeled
3forest products cut crosswise or abrasives or salt for highway winter
4maintenance. The transportation of peeled or unpeeled forest products cut
5crosswise or of abrasives or salt for highway winter maintenance in excess of gross
6weight limitations under s. 348.15 shall be permitted during the winter months
7when the highways are so frozen that no damage may result thereto by reason of such
8transportation. If at any time any person is so transporting such products or
9abrasives or salt upon a class "A" highway in such frozen condition then that person
10may likewise use a class "B" highway without other limitation, except that chains
11and other traction devices are prohibited on class "A" highways but such chains and
1devices may be used in cases of necessity.
The officers or agencies in charge of
2maintenance of highways, upon On the first day that conditions warrant their 3determination of such frozen condition and freedom of damage to such highways by
4transportation
, the officers or agencies in charge of maintenance of highways shall
5declare particular highways, or highways within areas of the state
, as eligible for
6increased weight limitations
, and each declaration shall be effective as of 12:01 a.m.
7on the 2nd day following the declaration. Such declaration shall include the
8maximum weight on each axle, combination of axles and the gross weight allowed.
9Any person transporting any such product over any highway of this state under this
10section is liable to the maintaining authority for any damage caused to such highway.
11This section does not apply to the national system of interstate and defense
12highways, except for that portion of
USH 51 between Wausau and STH 78 and that
13portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon
14their federal designation as I 39
between USH 51 and I 90/94.
AB164-ASA1, s. 2
15Section
2. 348.27 (9m) (a) 1. of the statutes is amended to read:
AB164-ASA1,3,2416
348.27
(9m) (a) 1. Raw forest products or of fruits or vegetables from field to
17storage or processing facilities in vehicles or vehicle combinations that exceed the
18maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000
19pounds. A permit under this subdivision is not valid on highways designated as part
20of the national system of interstate and defense highways, except on I 39 between
21STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon,
22Portage, Waushara, Marquette and Columbia counties.
No permit authorizing the
23transportation of raw forest products issued under this subdivision is valid after
24January 1, 2011.
AB164-ASA1,4,44
(1)
This act takes effect on the 45th day beginning after publication.
AB164-ASA1,4,76
(1) This act takes effect on the first day of the 2nd month beginning after
7publication.
