ARG:bjk:pg
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 755
February 19, 2008 - Offered by Representative Petrowski.
AB755-ASA1,1,5
1An Act to amend 348.25 (3), 348.25 (4) (intro.), 348.27 (1) and 348.28 (1); and
2to create 348.27 (15) of the statutes;
relating to: multiple trip permits for
3overweight vehicles transporting granular roofing material, providing an
4exemption from emergency rule procedures, and granting rule-making
5authority.
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 authority.
This substitute amendment allows DOT to issue multiple trip permits for the
transportation of granular roofing material in vehicles or vehicle combinations
(vehicles) that exceed, by not more than 10,000 pounds, the generally applicable
statutory gross weight limitations of 80,000 pounds. The permit may not authorize
the operation of any vehicle at a maximum gross weight in excess of 90,000 pounds
and is not valid on highways designated as part of the national system of interstate
and defense highways except for up to 2.5 miles of state trunk highways on each route
authorized under the permit. An application for a multiple trip permit must: 1)
identify the motor carrier on behalf of which the load is to be transported; and 2)
identify the location from which the transportation of the load is to originate, the
load's destination, and the route over which the load will be transported. DOT may
not issue a multiple trip permit unless there is good cause under the circumstances
to issue the permit and the permit must include as conditions of the permit items 1)
and 2) above. If the designated route includes streets or highways other than those
within the state trunk highway system, DOT may only issue the permit if the
governing body of each municipality or county having jurisdiction over these streets
or highways adopts a resolution approving the transportation of the load over these
streets or highways. DOT must promulgate rules relating to these multiple trip
permits. DOT may not issue these multiple trip permits after approximately three
years from the bill's effective date.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB755-ASA1,2,112
348.25
(3) The department shall prescribe forms for applications for all single
3trip permits the granting of which is authorized by s. 348.26 and for those annual,
4consecutive month or multiple trip permits the granting of which is authorized by
5s. 348.27 (2) and (4) to
(14) (15). The department may impose such reasonable
6conditions prerequisite to the granting of any permit authorized by s. 348.26 or
7348.27 and adopt such reasonable rules for the operation of a permittee thereunder
8as it deems necessary for the safety of travel and protection of the highways. The
9department may limit use of the highways under any permit issued to specified hours
10of the day or days of the week. Local officials granting permits may impose such
11additional reasonable conditions as they deem necessary in view of local conditions.
AB755-ASA1, s. 2
12Section
2. 348.25 (4) (intro.) of the statutes is amended to read:
AB755-ASA1,3,213
348.25
(4) (intro.) Except as provided under s. 348.26 (5), (6), or (7) or 348.27
14(3m), (9), (9m), (9r), (9t), (10), (12),
or (13),
or (15) permits shall be issued only for the
15transporting of a single article or vehicle which exceeds statutory size, weight or load
1limitations and which cannot reasonably be divided or reduced to comply with
2statutory size, weight or load limitations, except that:
AB755-ASA1,3,94
348.27
(1) Applications. All applications for annual, consecutive month or
5multiple trip permits for the movement of oversize or overweight vehicles or loads
6shall be made to the officer or agency designated by this section as having authority
7to issue the particular permit desired for use of the particular highway in question.
8All applications under subs. (2) and (4) to
(14)
(15) shall be made upon forms
9prescribed by the department.
AB755-ASA1,3,2111
348.27
(15) Multiple trip permits. (a) The department may issue multiple trip
12permits for the transportation of granular roofing material in vehicles or vehicle
13combinations that exceed the maximum gross weight limitations under s. 348.15 (3)
14(c) by not more than 10,000 pounds. A permit issued under this subsection does not
15authorize the operation of any vehicle or vehicle combination at a maximum gross
16weight in excess of 90,000 pounds. A permit under this subsection may be issued only
17by the department, regardless of the highways to be used. A permit under this
18subsection is not valid on highways designated as part of the national system of
19interstate and defense highways except that a permit may be issued that is valid on
20not more than 2.5 miles of any state trunk highway if such issuance of the permit is
21consistent with federal law.
AB755-ASA1,3,2322
(b) 1. An application for a permit under this subsection shall include all of the
23following information:
AB755-ASA1,3,2424
a. The motor carrier on behalf of which the load is to be transported.
AB755-ASA1,4,3
1b. The location from which the transportation of the load is to originate and the
2load's destination, along with the designated route over which the load will be
3transported.
AB755-ASA1,4,74
2. The department may not issue a permit under this subsection unless the
5department determines that there is good cause under the circumstances to issue the
6permit. A permit issued under this subsection shall include as conditions of the
7permit the information specified in subd. 1. a. and b.
AB755-ASA1,4,158
(c) If the designated route under par. (b) 1. b. includes streets or highways other
9than those within the state trunk highway system, no permit may be issued under
10this subsection unless the governing body of each municipality or county having
11jurisdiction over such streets or highways adopts a resolution approving the
12transportation of the load over that portion of the designated route that is on streets
13or highways under the jurisdiction of the municipality or county. An applicant for
14a permit under this subsection shall include a copy of each such resolution with the
15permit application.
AB755-ASA1,4,1716
(d) The department shall promulgate rules to implement and administer this
17subsection.
AB755-ASA1,4,1918
(e) No permit may be issued under this subsection after the first day of the 36th
19month beginning after the effective date of this paragraph .... [revisor inserts date].
AB755-ASA1,4,2221
348.28
(1) Permits issued under ss. 348.25, 348.26 and 348.27 (1) to (10)
and, 22(12) to (13)
, and (15) shall be carried on the vehicle during operations so permitted.
AB755-ASA1,5,224
(1) The department of transportation shall submit in proposed form the rules
25required under section 348.27 (15) (d) of the statutes, as created by this act, to the
1legislative council staff under section 227.15 (1) of the statutes no later than the first
2day of the 4th month beginning after the effective date of this subsection.
AB755-ASA1,5,153
(2) Using the emergency rules procedure under section 227.24 of the statutes,
4the department of transportation shall promulgate the rules required under section
5348.27 (15) (d) of the statutes, as created by this act, for purposes of implementing
6this act, for the period before the effective date of the rules submitted under
7subsection (1). The department shall promulgate these emergency rules no later
8than the first day of the 4th month beginning after the effective date of this
9subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these
10emergency rules may remain in effect until July 1, 2009, or the date on which
11permanent rules take effect, whichever is sooner. Notwithstanding section 227.24
12(1) (a) and (3) of the statutes, the department is not required to provide evidence that
13promulgating a rule under this subsection as an emergency rule is necessary for the
14preservation of the public peace, health, safety, or welfare and is not required to
15provide a finding of emergency for a rule promulgated under this subsection.
AB755-ASA1, s. 7
16Section
7.
Effective dates. This act takes effect on the first day of the 4th
17month beginning after publication, except as follows:
AB755-ASA1,5,1818
(1)
Section 6 of this act takes effect on the day after publication.