AB678: Bill Text

AB678,4,12 (3) For purposes of this section, a true, accurate, and legible copy of any weight ticket, weight certification, or other document may be substituted for, and shall be given the effect of, an original.

AB678,4,15 (4) Any person required to retain records under sub. (1) or to produce records under sub. (2) who fails to retain or produce such records shall forfeit $1,000. Each violation constitutes a separate offense.

AB678, s. 4 Section 4. 348.215 of the statutes is created to read:

AB678,4,20 348.215 Overweight vehicle surcharge. (1) (a) In this section, "violation" means an overweight violation under this subchapter or under a local ordinance in conformity with this subchapter or enacted under s. 349.15 (3) committed while transporting raw forest products.

AB678,4,22 (b) If a court imposes a forfeiture for a violation, the court shall also impose under ch. 814 an overweight vehicle surcharge in the following amount:

AB678,4,25 1. If the person has not been convicted of another violation committed within the 24-month period immediately preceding the date of the violation for which the forfeiture is imposed, $250.

AB678,5,3 2. If the person has been convicted of one violation committed within the 24-month period immediately preceding the date of the violation for which the forfeiture is imposed, $500.

AB678,5,6 3. If the person has been convicted of 2 or more violations committed within the 24-month period immediately preceding the date of the violation for which the forfeiture is imposed, $750.

AB678,5,8 (c) If multiple offenses are involved, the court shall impose an overweight vehicle surcharge upon each forfeiture imposed.

AB678,5,12 (2) (a) Except as provided in par. (b), the clerk of the circuit court shall collect and transmit the amount of the overweight vehicle surcharge under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then pay this amount to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB678,5,16 (b) If a forfeiture is imposed by a municipal court, the court shall transmit the amount of the overweight vehicle surcharge under sub. (1) to the treasurer of the city or village as provided in s. 66.0114 (1) (bm) and the treasurer shall then pay this amount to the secretary of administration as provided in s. 66.0114 (1) (bm).

AB678,5,18 (c) The secretary of administration shall deposit all amounts received under this subsection into the transportation fund.

AB678, s. 5 Section 5. 348.22 of the statutes is amended to read:

AB678,6,2 348.22 Courts to report weight violation convictions. Whenever any owner or operator is convicted of violating ss. 348.15 to 348.17 or any local ordinance in conformity with ss. 348.15 to 348.17 or any ordinance enacted under s. 349.15 (3), the clerk of the court in which the conviction occurred, or the judge or municipal judge, if the court has no clerk, shall, within 48 hours after the conviction, forward a record of conviction to the department. Forfeiture of bail or appearance money or payment of a fine is a conviction within the meaning of this section.

AB678, s. 6 Section 6. 348.27 (9m) (a) 1. of the statutes is amended to read:

AB678,6,12 348.27 (9m) (a) 1. Raw forest products or of fruits Fruits or vegetables from field to storage or processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on highways designated as part of the national system of interstate and defense highways, except on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties. No permit authorizing the transportation of raw forest products issued under this subdivision is valid after January 1, 2011.

AB678, s. 7 Section 7. 348.27 (9m) (a) 4. of the statutes is created to read:

AB678,7,4 348.27 (9m) (a) 4. Raw forest products in vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 18,000 pounds if the vehicle combination has 6 or more axles at least 3 of which are on a trailer or semitrailer or, if at least one of the 3 axles has multiple wheels supporting each end of the axle and the axle either lifts or steers, are on the power unit, the gross weight imposed on the highway by the wheels of any one axle of the vehicle combination does not exceed 18,000 pounds, and there is a distance of at least 9 feet between the foremost steering axle and the foremost axle of the drive axle on the power unit, at least 25 feet between the rearmost axle of the drive axle on the power unit and the foremost axle on the trailer or semitrailer, and at least 48 inches between any two consecutive axles of each tandem axle on the trailer or semitrailer. A permit under this subdivision is not valid on any interstate highway designated under s. 84.29 (2), any highway or bridge with a posted weight limitation that is less than the vehicle combination's gross weight, and any part of the state trunk highway system that the department has designated by rule as a route on which a permit issued under this subsection is not valid.

AB678, s. 8 Section 8. 348.27 (9m) (b) of the statutes is amended to read:

AB678,7,9 348.27 (9m) (b) A permit issued under par. (a) 1. to 3. does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds. A permit issued under par. (a) 4. does not authorize the operation of any vehicle combination at a maximum gross weight in excess of 98,000 pounds.

AB678, s. 9 Section 9. 814.75 (17m) of the statutes is created to read:

AB678,7,11 814.75 (17m) The overweight vehicle surcharge under s. 348.215.

AB678, s. 10 Section 10. 814.79 (6m) of the statutes is created to read:

AB678,7,13 814.79 (6m) The overweight vehicle surcharge under s. 348.215.

AB678, s. 11 Section 11. 814.81 (7m) of the statutes is created to read:

AB678,7,15 814.81 (7m) The overweight vehicle surcharge under s. 348.215.

AB678, s. 12 Section 12. Initial applicability.

AB678,7,19 (1) This act first applies to motor vehicles operated on, and violations committed on, the effective date of this subsection, but does not preclude the counting of other violations as prior violations for purposes of sentencing a person.

AB678, s. 13 Section 13. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

AB678,7,23 (1) The treatment of section 348.27 (9m) (a) 1. of the statutes takes effect on January 1, 2011.

AB678,7,24 (End)