PJH:lmk&jld:rs
2005 - 2006 LEGISLATURE
October 3, 2005 - Introduced by Representatives Krusick, Berceau, Black,
Cullen, Fields
and Kerkman, cosponsored by Senators Coggs and
Carpenter. Referred to Committee on Highway Safety.
AB716,1,6 1An Act to renumber 346.94 (7); to renumber and amend 348.10 (2); to amend
2346.95 (2) and 347.46 (2) (intro.); and to create 346.94 (7) (b), 347.46 (2) (d) and
3348.10 (2) (b) and (c) of the statutes; relating to: transporting bulk materials
4on a highway, liability for spilling waste or foreign matter upon or along a
5highway, and mudguards on motor trucks and semitrailers transporting bulk
6materials.
Analysis by the Legislative Reference Bureau
Current law requires the driver of every vehicle transporting waste or foreign
matter on the highways of this state to equip his or her vehicle to prevent such waste
or foreign matter from spilling on or along the highways. The Wisconsin Supreme
Court has held that this law was not intended to establish a standard of due care to
be applied in negligence actions, so a violation of this law is not a sufficient basis for
imposing liability for damages caused by the spilled waste or foreign matter. Kalkopf
v. Donald Sales & Mfg. Co.
, 33 Wis. 2d 247, 256 (1967).
This bill makes a person who spills waste or foreign matter from his or her
vehicle on or along the highway liable for any harm to another user of the highway
or another vehicle caused by the spilled waste or foreign matter.
This bill requires that a load of bulk material, such as sand, gravel, or dirt, that
is not in containers be covered to prevent the load from dropping or sifting from the
vehicle when transported on a highway. This provision does not apply to certain

plants, plant parts, animals, or animal products. Failure to comply with this
provision also may result in a forfeiture of not less than $10 nor more than $200.
This requirement does not apply to bulk material being applied to a highway
for highway construction or maintenance or for winter snow or ice treatment.
Under current law, privately owned motor trucks and semitrailers that are
equipped with dump bodies and operated on a highway between cities are not
required to be equipped with rear fenders or mudguards. This bill requires such
vehicles to be equipped with mudguards. The bill establishes minimum
specifications for mudguards on vehicles transporting sand, gravel, dirt, rock, refuse,
or similar bulk material. Failure to comply with the requirement of mudguards on
these vehicles may result in a forfeiture of not less than $100 nor more than $200.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB716, s. 1 1Section 1. 346.94 (7) of the statutes is renumbered 346.94 (7) (a).
AB716, s. 2 2Section 2. 346.94 (7) (b) of the statutes is created to read:
AB716,2,43 346.94 (7) (b) Any person who violates par. (a) is liable for any harm to another
4person using the highway or to another vehicle resulting from the violation.
AB716, s. 3 5Section 3. 346.95 (2) of the statutes is amended to read:
AB716,2,76 346.95 (2) Any person violating s. 346.89 (1) or 346.94 (2), (4), or (7) (a) may be
7required to forfeit not less than $20 nor more than $400.
AB716, s. 4 8Section 4. 347.46 (2) (intro.) of the statutes is amended to read:
AB716,3,29 347.46 (2) (intro.) No person shall may operate on a highway in intercity
10movement any privately owned motor truck or privately owned semitrailer drawn
11by a truck tractor, except those motor trucks and semitrailers equipped with dump
12bodies, unless such motor truck or semitrailer is equipped with rear fenders or
13mudguards or, except for those motor trucks and semitrailers transporting sand,
14gravel, dirt, rock, refuse, or similar bulk material, rear fenders
of such material and
15so constructed and placed as to restrict to a minimum the splashing of water, mud,

1or other material which may be thrown by the rear wheels. Such rear fenders or
2mudguards shall meet the following minimum specifications:
AB716, s. 5 3Section 5. 347.46 (2) (d) of the statutes is created to read:
AB716,3,74 347.46 (2) (d) Notwithstanding pars. (a) to (c), the mudguards on a motor truck
5or semitrailer transporting sand, gravel, dirt, rock, refuse, or similar bulk material
6shall be mounted to the rear of the axles, cover the entire width of the vehicle, and
7have a ground clearance of not more than 6 inches when the vehicle is loaded.
AB716, s. 6 8Section 6. 348.10 (2) of the statutes is renumbered 348.10 (2) (a) and amended
9to read:
AB716,3,1210 348.10 (2) (a) No person shall may operate a vehicle on a highway unless such
11vehicle is so constructed and loaded as to prevent its contents from dropping, sifting,
12leaking, or otherwise escaping therefrom.
AB716, s. 7 13Section 7. 348.10 (2) (b) and (c) of the statutes are created to read:
AB716,3,2014 348.10 (2) (b) Notwithstanding par. (a), no person may operate on a highway
15a vehicle loaded with sand, gravel, dirt, rock, refuse, or similar bulk material that
16is not in containers, unless the vehicle is so loaded and covered as to prevent the load
17from dropping or sifting from the vehicle. For purposes of this paragraph, "bulk
18material" does not include plants, plant parts, animals, or animal products produced
19by a person primarily for sale, consumption, propagation, or other use by humans or
20animals.
AB716,3,2321 (c) This subsection does not apply to the application of a bulk material to a
22highway for the purposes of maintenance or construction of the highway or of
23highway winter maintenance snow and ice removal.
AB716, s. 8 24Section 8. Initial applicability.
AB716,4,3
1(1) The treatment of section 346.95 (2) of the statutes, the renumbering of
2section 346.94 (7) of the statutes, and the creation of section 346.94 (7) (b) of the
3statutes first apply to violations occurring on the effective date of this subsection.
AB716,4,74 (2) The treatment of section 347.46 (2) (intro.) and (d) of the statutes, the
5renumbering and amendment of section 348.10 (2) of the statutes, and the creation
6of section 348.10 (2) (b) and (c) of the statutes first apply to vehicles operated on the
7effective date of this subsection.
AB716, s. 9 8Section 9. Effective date.
AB716,4,109 (1) This act takes effect on the first day of the 4th month beginning after
10publication.
AB716,4,1111 (End)
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