AB896: Bill Text

AB896, s. 1 Section 1. 25.40 (1) (fg) of the statutes is created to read:

AB896,3,2 25.40 (1) (fg) All moneys received as fees under s. 194.60 (3).

AB896, s. 2 Section 2. 194.60 of the statutes is created to read:

AB896,3,9 194.60 Vehicles transporting buildings. (1) In this section, "building" means a dwelling or other structure, at least 14 feet wide or 22 feet long, that is transportable as a whole or in sections and that is raised and supported from an existing foundation to be moved and placed on a permanent foundation at a new location where the dwelling or other structure is to be delivered. "Building" does not include a modular housing unit or a manufactured home as defined in s. 101.91 (2).

AB896,3,12 (2) No person may operate a vehicle transporting a building on a highway of this state unless the person holds a license issued by the department under this section.

AB896,4,2 (3) Application for initial issuance or renewal of a license issued under this section shall be made annually to the department upon forms prescribed by it. A license issued or renewed under this section shall expire on December 31 of each year. Each application shall be accompanied by a fee paid to the department of $150 for initial issuance of a license and $100 for renewal of a license.

AB896,4,5 (4) (a) Upon receipt of the application and fees specified in sub. (3), the department shall determine the ability and fitness of a person to transport a building on the highways of this state, including consideration of all of the following:

AB896,4,7 1. The applicant's safety record, including the applicant's driving record for all classes and types of vehicles that the applicant is licensed to operate.

AB896,4,11 2. Whether the applicant has at any time held a certificate, license, or permit under this chapter, the applicant's reliability and service record and whether the applicant has complied with the requirements of the certificate, license, or permit and with the provisions of this chapter.

AB896,4,13 3. The applicant's experience and training, including experience or training related to the requirements under sub. (6).

AB896,4,16 (b) The department shall issue a license authorizing a person to operate a vehicle transporting a building on the highways of this state if the department finds that all of the following requirements are met:

AB896,4,17 1. The applicant is at least 21 years old.

AB896,4,21 2. The applicant certifies that he or she meets all of the physical qualifications required of a commercial motor vehicle operator under 49 CFR 391.41 (b), unless the department finds that the applicant is able to safely operate a vehicle transporting a building despite the applicant's failure to meet these physical qualifications.

AB896,4,24 3. The applicant possesses a valid operator's license issued by this state or another jurisdiction for the class and type of vehicle to be used to transport any building.

AB896,5,2 4. The applicant is fit and able to safely operate a vehicle transporting a building in compliance with the requirements of this section.

AB896,5,4 5. The applicant has satisfied the insurance filing requirement under sub. (5) (c).

AB896,5,9 (c) In issuing a license under par. (b), the department may attach to the privilege granted by the license any terms, conditions, or restrictions on the applicant's operation of a vehicle transporting a building that the department deems necessary to ensure safe operation by the applicant of such a vehicle and compliance with this section.

AB896,5,13 (d) Upon any change in an applicant's circumstances that causes the applicant to no longer satisfy the requirements of par. (b), the applicant shall notify the department within 10 days of the change in circumstances and the department shall immediately revoke the license, notwithstanding sub. (12).

AB896,5,18 (e) If the department denies issuance of a license, the department shall notify the applicant in writing of the reason. The applicant shall have 30 days from receipt of the writing to correct the deficiency and reapply without payment of an additional application fee or to file a petition with the division of hearings and appeals under s. 194.145.

AB896,5,23 (5) (a) No vehicle may be used to transport a building in this state unless a motor vehicle policy of liability insurance, issued by an insurer authorized to transact business in this state, is maintained thereon that provides bodily injury liability coverage and property damage liability coverage with a total limit of not less than $500,000 for each accident.

AB896,6,4 (b) No licensee may operate a vehicle transporting a building in this state unless the licensee maintains a policy of comprehensive general liability insurance, issued by an insurer authorized to transact business in this state, that provides bodily injury liability coverage and property damage liability coverage, including for building collapse and underground property damage, with a total limit of not less than $500,000 for each occurrence.

AB896,6,13 (c) The department may not issue a license under this section unless there is on file with the department a certificate of insurance showing that any vehicle to be operated by an applicant or licensee to transport a building is insured in compliance with par. (a) and that the licensee maintains a policy of insurance in compliance with par. (b). No such policies may be terminated prior to their expiration or canceled for any reason unless a notice thereof is filed by the insurer with the department at least 30 days prior to the date of termination or cancellation. On request of the department, the insurer must furnish to the department a duplicate original of any policy and any endorsements under the policy.

AB896,6,16 (6) (a) A licensee under this section may not operate a vehicle transporting a building unless the load being transported is securely fastened to the vehicle and distributed in a manner that will prevent side sway under all conditions of operation.

AB896,6,19 (b) A licensee under this section shall, prior to operating a vehicle transporting a building, inspect the vehicle and satisfy himself or herself that the requirements of par. (a) and s. 346.88 are met.

AB896,7,2 (c) A licensee under this section may not operate a vehicle transporting a building for more than 25 miles from the location where the transportation was commenced without stopping to inspect the load and the load-securing devices and satisfying himself or herself that the requirements of par. (a) continue to be met. A licensee shall thereafter stop periodically, at least every 150 miles or 3 hours of driving, whichever occurs first, to inspect the load and the load-securing devices and satisfy himself or herself that the requirements of par. (a) continue to be met.

AB896,7,11 (d) A licensee under this section shall systematically and periodically inspect, repair, and maintain, or verify that such inspection, repair, and maintenance has been performed by another, any vehicle operated by the licensee to transport a building. A licensee may not operate a vehicle transporting a building unless, upon reasonable inspection, the licensee is satisfied that the vehicle is in safe and proper operating condition and complies with the same parts and accessories requirements that apply to commercial motor vehicles specified in 49 CFR 393. All records of inspection, repair, or maintenance performed or arranged by the licensee shall be maintained by the licensee for one year.

AB896,7,13 (7) A licensee under this section may not operate a vehicle transporting a building if any of the following apply:

AB896,7,15 (a) The licensee's ability or alertness is so impaired by fatigue, illness, or any other cause that operation of the vehicle would be unsafe.

AB896,7,17 (b) The licensee is under the influence of any substance identified as a prohibited substance in 49 CFR 392.4.

AB896,7,21 (c) Prior to operation, the licensee has not inspected the vehicle and satisfied himself or herself that all brakes, steering apparatus, lights and lamps, tires, horns, windshield wipers, mirrors, and coupling devices are in good working order and that no light, lamp, or reflector is obstructed.

AB896,7,25 (d) Prior to operation, the licensee has not inspected the vehicle and satisfied himself or herself that the vehicle contains a fire extinguisher, warning devices specified in s. 347.28 (1), red flags, and spare fuses that are in good working order and ready for use.

AB896,8,1 (e) Any person is in the building.

AB896,8,3 (f) The vehicle is equipped with any device used to detect radar signals utilized by a law enforcement officer to measure the speed of motor vehicles.

AB896,8,5 (8) A licensee under this section shall do all of the following while operating a vehicle transporting a building:

AB896,8,8 (a) Use extreme caution, including reduction of speed, when encountering hazardous conditions that may adversely affect visibility or traction, including conditions arising from snow, ice, sleet, fog, mist, rain, dust, sand, or smoke.

AB896,8,10 (b) Prominently display the licensee's name and address on any vehicle operated by the licensee to transport a building.

AB896,8,12 (9) The department shall promulgate rules to implement and administer this section.

AB896,8,15 (10) The requirements imposed under this section shall be in addition to any other requirements, rules, and orders imposed under this chapter and chs. 343, 347, and 348.

AB896,8,17 (11) Any person who violates a provision of this section shall forfeit not less than $500 nor more than $5,000. Each violation constitutes a separate offense.

AB896,8,20 (12) (a) The department may, after notice to the licensee and a hearing at which the licensee has the opportunity to be heard, suspend, revoke, alter, or amend a license issued under this section if the department finds any of the following:

AB896,8,22 1. That the licensee has violated or refused to comply with a provision of this section, or an order or rule of the department.

AB896,8,24 2. That the licensee does not meet the requirements for issuance of a license under sub. (3) (b).

AB896,9,2 3. That the licensee has engaged in conduct endangering the safety of persons using the highways.

AB896,9,4 4. That the licensee has engaged in conduct obstructing traffic in an unauthorized manner.

AB896,9,6 5. That the licensee has failed to provide reimbursement for damage caused by the licensee to a highway that was not paid for by the licensee's insurer.

AB896,9,8 6. That the licensee has abandoned a building on any highway or on public or private property without permission of the property owner.

AB896,9,14 (b) The department shall revoke a license issued under this section upon receiving notice of the licensee's conviction under s. 346.63 (1), (2m), (5), or (7) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6), or s. 940.09 (1) or 940.25, or upon receiving notice of revocation of the licensee's operating privilege under s. 343.305 (10). A person whose license is revoked under this paragraph may not apply for another license issued under this section.

AB896,9,17 (c) A person who is aggrieved by an order of the department under this subsection may, within 30 days after the date that the order is issued, request a review of the order by the division of hearings and appeals under s. 194.145.

AB896,9,21 (d) If the department revokes a person's license under par. (a), the department may prohibit the person from applying for another license issued under this section or may specify a date, not less than one year following the revocation, after which the person may apply for another license issued under this section.

AB896, s. 3 Section 3. 346.45 (1) (f) of the statutes is created to read:

AB896,9,23 346.45 (1) (f) Every vehicle transporting a building, as defined in s. 194.60 (1).

AB896, s. 4 Section 4. 347.28 (1) (intro.) of the statutes is amended to read:

AB896,10,5 347.28 (1) (intro.) No person shall operate a motor truck or motor bus more than 80 inches in width or a truck tractor or road tractor or a vehicle transporting a building, as defined in s. 194.60 (1), on any highway outside the corporate limits of a city or village during hours of darkness unless such vehicle carries in a place readily accessible to the driver the following warning devices:

AB896, s. 5 Section 5. 347.29 (1) (intro.) of the statutes is amended to read:

AB896,10,14 347.29 (1) (intro.) Except as provided in s. 347.26 (11) (b), whenever any motor truck, motor bus, trailer or semitrailer more than 80 inches in width or truck tractor or road tractor or vehicle transporting a building as defined in s. 194.60 (1) is left standing, whether attended or unattended, during hours of darkness upon the traveled portion of any highway or the shoulder adjacent thereto outside the corporate limits of a city or village, the operator of such vehicle shall display the following warning devices upon the highway during the entire time the vehicle is so left standing and such devices shall be placed in the following order:

AB896, s. 6 Section 6. Effective date.

AB896,10,17 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB896,10,18 (End)