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2005 - 2006 LEGISLATURE
October 17, 2005 - Introduced by Representatives Nerison, Ainsworth, Petrowski,
Hahn, Ott, Lamb, Davis, Gronemus, Vruwink, Albers, M. Williams,
Loeffelholz, Towns, Ballweg, Bies, Boyle, Freese, Gunderson, Gundrum,
Hines, Hundertmark, Kestell, Kleefisch, LeMahieu, Musser, Owens, Pettis,
Pridemore, Schneider, Townsend, Ward
and Wood, cosponsored by Senators
Harsdorf, Kapanke, Brown, Olsen, A. Lasee and Grothman. Referred to
Committee on Transportation.
AB762,1,4 1An Act to renumber and amend 194.38; to amend 110.075 (6) and 194.09; and
2to create 194.05 (4) and 194.38 (2) of the statutes; relating to: exempting from
3motor carrier regulations certain vehicle combinations operated in intrastate
4commerce.
Analysis by the Legislative Reference Bureau
Under current law, with limited exceptions, a person who transports
passengers or property for hire by motor vehicle on the highways is a common motor
carrier or a contract motor carrier (motor carrier). With limited exceptions, a motor
carrier must operate under a certificate or license (certificate of authority) issued by
the Department of Transportation (DOT) or issued under federal law authorizing
operation of a vehicle as a motor carrier. Various state laws, including laws relating
to vehicle marking and vehicle inspection, govern motor carriers. These laws govern
motor carriers regardless of whether the motor carrier is operating a commercial
motor vehicle (CMV). A CMV is a motor vehicle designed or used to transport
passengers or property and that is: a single vehicle with a gross vehicle weight
rating, registered weight, or actual gross weight of more than 26,000 pounds; a
vehicle combination with a gross combination weight rating, registered weight, or
actual gross weight of more than 26,000 pounds (inclusive of a towed unit of more
than 10,000 pounds); a vehicle designed to transport or actually transporting the
driver and 15 or more passengers; or a vehicle transporting certain hazardous or
toxic materials. Federal law, including federal motor carrier safety standards
established under regulations promulgated by the Federal Motor Carrier Safety

Administration, also governs motor carriers. DOT has authority under state law to
promulgate rules regulating the operation of all motor carriers, including rules
implementing federal motor carrier safety standards.
Current law also requires all motor vehicles operated on a highway, including
vehicles operated by motor carriers, to meet specified vehicle equipment standards.
Upon request, any operator of a motor vehicle must submit the vehicle to inspection
by a vehicle inspector or traffic officer to determine compliance with vehicle
equipment standards and, if the vehicle is found to be unsafe for operation, the
inspector or officer may order the vehicle to be removed from the highway and not
operated except as necessary for repair. DOT may establish standards and adopt
rules related to vehicle inspections, including rules implementing federal motor
carrier equipment standards.
This bill exempts from regulation as a motor carrier any farm truck or dual
purpose farm truck combined with any semitrailer or farm trailer, or any vehicle
combined with a horse trailer, if the vehicle combination's gross combination weight
rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the
vehicle combination does not include a vehicle designed to transport or actually
transporting the driver and 15 or more passengers or a vehicle transporting certain
hazardous or toxic materials, and the vehicle combination is operated solely in
intrastate commerce. The bill specifically exempts these vehicle combinations from
any motor carrier vehicle marking requirement. The bill prohibits DOT from
promulgating any rule under which certain federal motor carrier safety standards,
including equipment standards, are applicable to, or enforceable with respect to,
these vehicle combinations.
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:
AB762, s. 1 1Section 1. 110.075 (6) of the statutes is amended to read:
AB762,3,32 110.075 (6) The secretary shall set standards and adopt rules to establish a
3plan of inspection to implement the inspection program provided by this section.
4Nothing in this section shall permit the department to promulgate any rule under
5which the provisions of 49 CFR 393 and 396 are applicable to, or enforceable with
6respect to, any farm truck or dual purpose farm truck combined with any semitrailer
7or farm trailer, or any vehicle combined with a horse trailer, if the vehicle
8combination's gross combination weight rating, registered weight, and actual gross

1weight do not exceed 26,000 pounds, the vehicle combination does not include a
2commercial motor vehicle described in s. 340.01 (8) (c) or (d), and the vehicle
3combination is operated solely in intrastate commerce.
AB762, s. 2 4Section 2. 194.05 (4) of the statutes is created to read:
AB762,3,105 194.05 (4) This chapter shall not apply to any farm truck or dual purpose farm
6truck combined with any semitrailer or farm trailer, or any vehicle combined with
7a horse trailer, if the vehicle combination's gross combination weight rating,
8registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle
9combination does not include a commercial motor vehicle described in s. 340.01 (8)
10(c) or (d), and the vehicle combination is operated solely in intrastate commerce.
AB762, s. 3 11Section 3. 194.09 of the statutes is amended to read:
AB762,3,21 12194.09 Marking carrier vehicles. Each motor vehicle operated by a common
13motor carrier of property or of passengers, a contract motor carrier or a private motor
14carrier shall be plainly marked in such manner as the department may prescribe, so
15as to identify such motor vehicle as being operated pursuant to this chapter. This
16section does not apply to any farm truck or dual purpose farm truck combined with
17any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the
18vehicle combination's gross combination weight rating, registered weight, and actual
19gross weight do not exceed 26,000 pounds, the vehicle combination does not include
20a commercial motor vehicle described in s. 340.01 (8) (c) or (d), and the vehicle
21combination is operated solely in intrastate commerce.
AB762, s. 4 22Section 4. 194.38 of the statutes is renumbered 194.38 (1), and 194.38 (1) (e),
23as renumbered, is amended to read:
AB762,4,224 194.38 (1) (e) To act in accordance with 49 USC 14504 by making any finding,
25determination and otherwise doing any other thing necessary to proceed under that

1statute. Nothing in this subsection paragraph shall permit the department to extend
2the length or weight of motor vehicles.
AB762, s. 5 3Section 5. 194.38 (2) of the statutes is created to read:
AB762,4,114 194.38 (2) Nothing in this section shall permit the department to promulgate
5any rule under which the provisions of 49 CFR 390, 391, 392, 395, and 397 are
6applicable to, or enforceable with respect to, any farm truck or dual purpose farm
7truck combined with any semitrailer or farm trailer, or any vehicle combined with
8a horse trailer, if the vehicle combination's gross combination weight rating,
9registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle
10combination does not include a commercial motor vehicle described in s. 340.01 (8)
11(c) or (d), and the vehicle combination is operated solely in intrastate commerce.
AB762, s. 6 12Section 6. Initial applicability.
AB762,4,1413 (1) This act first applies to vehicles operated on the effective date of this
14subsection.
AB762,4,1515 (End)
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