SB509: Bill Text

The bill creates a new annual or consecutive month permit, referred to as a "no-fee permit," issued by DOT and local authorities for implements of husbandry and agricultural CMVs that exceed statutory length or weight limitations. For purposes of this no-fee permit, the bill defines a "maintaining authority" of a highway as: 1) DOT or its designee, with respect to a state trunk highway; or 2) the municipality or county responsible for maintenance of the highway or its designee (local authority), with respect to a highway that is not a state trunk highway. A maintaining authority may issue no-fee permits authorizing operation on highways under its jurisdiction of implements of husbandry and agricultural CMVs that exceed statutory length or weight limitations. A no-fee permit is not valid on interstate highways. With an exception, an application for a no-fee permit must be accompanied by a listing or map of the highways that may potentially be traveled under authorization of the permit. Under this exception, a municipality may, by resolution or ordinance, authorize operation of implements of husbandry and agricultural CMVs exceeding statutory length or weight limitations on any or all highways under the municipality's jurisdiction and issue a form letter and copy of the resolution or ordinance to serve as the approved permit. In such a municipality, a no-fee permit application is not required to be accompanied by a listing or map of the highways to be traveled under the permit and is not required to be made on a form prescribed by DOT for the application. Upon application, a no-fee permit may be amended by the maintaining authority to reflect changes in the applicant's circumstances, including a change in the highways to be traveled.

Under the bill, no fee may be charged for issuance or amendment of a no-fee permit or for any study or investigation in connection with the permit application. If a maintaining authority denies an application for a no-fee permit, it must notify the applicant in writing of the denial and the notice must include a reasonable and structurally based explanation of the denial that relates to the preservation of the roadway. If the application is made with respect to certain self-propelled implements of husbandry, including combines, forage harvesters, and fertilizer or pesticide application equipment, the denial must also include an approved alternate route or map of highways for operation of the implement of husbandry.

Under current law, if any bill introduced in either house of the legislature directly or indirectly establishes an exception to vehicle weight limitations, DOT must prepare a report, containing specified information, relating to the bill within six weeks after the bill is introduced and before any vote is taken on the bill. This bill directs DOT not to prepare such a report on this bill because DOT recently completed the Implements of Husbandry Study, which contained the same or similar information that would be contained in a report on this bill.

Vehicle lighting and marking requirements

Current law imposes various equipment requirements for vehicles operated on highways, including certain lighting and marking requirements. Although these requirements are generally inapplicable to implements of husbandry, farm tractors, and self-propelled farm implements, current law does impose various specific requirements with respect to lighting and marking of implements of husbandry and other agricultural vehicles.

Under current law, during hours of darkness, the following requirements apply with respect to each described vehicle operated on the highway:

1. A farm tractor or self-propelled farm implement must carry the lighted headlamps and tail lamps that would be required of other vehicles and the only color of light that may show to the rear is red.

2. An implement of husbandry must generally be equipped with at least two lighted lamps or lanterns exhibiting a white light to the front and either two lighted lamps or lanterns exhibiting a red light to the rear or two red reflectors mounted on the rear. Also, if the implement of husbandry extends at least four feet to the left of the center line of a towing vehicle, it must be equipped with an amber reflector mounted on the left side, facing forward, to mark the extreme width of the implement of husbandry to drivers of oncoming vehicles.

3. A truck-drawn agricultural train must have mounted on each side of every vehicle in the train at least one lamp emitting red light visible to the side or at least one red reflector or one slow moving vehicle (SMV) emblem visible from the side.

4. An implement of husbandry train must have mounted on each side of every vehicle in the train at least one lamp emitting a red light visible to the side or at least one red reflector visible from the side.

Certain requirements also apply to a farm tractor, implement of husbandry, or self-propelled farm implement, whether attended or unattended, parked, or left standing on the roadway or shoulder of a highway during hours of darkness.

Under current law, at times other than hours of darkness, an implement of husbandry train operated on a highway must display a red flag at least 12 inches square on each rear corner of the rearmost vehicle in the train.

Under current law, a person may not operate on a highway, day or night, any vehicle that usually travels at speeds of less than 25 miles per hour unless an SMV emblem is displayed on the most practicable visible rear area. However, instead of the SMV emblem, a vehicle may be equipped with a yellow or amber flashing light at least four inches in diameter attached to the left rear. The SMV emblem is also not required if the vehicle is only moving directly across the highway. A towed vehicle is exempt from this requirement if an SMV emblem on the towing vehicle is visible from the rear. The SMV emblem must meet standards and specifications for design and mounting established by rule by DOT, but this rule must conform to standards and specifications approved by the American Society of Agricultural Engineers.

In addition to the lighting and marking requirements described above, this bill creates new lighting and marking requirements for implements of husbandry operated on the highway that exceed 15 feet in total width or that extend over the center of the roadway into a lane intended for the opposite direction of travel (wide implements of husbandry). A person may not operate on a highway a wide implement of husbandry manufactured before January 1, 2014, unless it is equipped with all of the following: 1) at least two amber flashing warning lamps, visible from both the front and rear; 2) red retroreflective conspicuity material, visible to the rear; 3) at least two strips of yellow retroreflective conspicuity material, visible to the front; and 4) at least two red tail lamps. Any lamp or light required above must be lighted and visible when the wide implement of husbandry is operated on a highway and the lamps or lights, devices, and material described above must generally be mounted so as to indicate the lateral extremities of the implement of husbandry. A wide implement of husbandry manufactured before January 1, 2014, must also display an SMV emblem. An implement of husbandry manufactured on or after January 1, 2014, may not be operated on a highway unless it is equipped with all lighting and marking devices with which the implement of husbandry was originally equipped by the manufacturer and all such lighting and marking devices are in good working order and visible at the time of operation.

Under the bill, a person may not operate on a highway any self-propelled implement of husbandry manufactured before January 1, 2014, that exceeds 12 feet in total width, unless it is equipped with a yellow or amber rotating strobe or beacon light mounted at the highest practicable point, or two flashing amber lights visible to the front and rear, and the light or lights are activated. If an implement of husbandry exceeds 20 feet in total width, in addition to the applicable foregoing requirements, it must be accompanied by an escort vehicle operating with hazard lights activated unless it is traveling between fields and operated on the highway for a distance of 0.25 miles or less.

The bill also eliminates the requirement that an implement of husbandry train operated on a highway during the day must display a red flag on each rear corner of the rearmost vehicle in the train.

Rules of the road relating to implements of husbandry

Under current law, on all roadways of sufficient width, the operator of a vehicle must generally drive on the right half of the roadway and in the right-hand lane of a three-lane highway, subject to various exceptions, such as when the operator is making a left turn or U-turn or is overtaking and passing another vehicle. A vehicle operator must also drive as nearly as practicable entirely within a single lane and, on a three-lane highway, may not drive in the center lane, subject to exceptions like those discussed above. With an exception, a vehicle operator may not drive in a lane when signs or signals indicate that the lane is allocated exclusively to vehicles moving in the opposite direction.

Also under current law, on a two-way roadway: 1) operators of vehicles proceeding in opposite directions must pass each other to the right and give to the other at least one-half of the main traveled portion of the roadway as nearly as possible; and 2) a vehicle operator may not drive on the left side of the center of the roadway on a grade or curve where the operator's view is obstructed or, with an exception, in an area designated by signs or pavement marking it as a no-passing zone. In general, a person may not drive a motor vehicle so slowly as to impede the normal movement of traffic and the operator of a slow-moving vehicle must, if practicable, yield the roadway to an overtaking vehicle.

This bill creates an exception allowing a wide implement of husbandry that satisfies applicable lighting and marking requirements and that is operated as much as practicable on the right half of the roadway and within a single lane to: 1) extend over the center of the roadway into a lane intended for travel in the opposite direction; 2) extend into the passing lane of a three-lane highway; and 3) extend into another lane intended for travel in the same direction if it does not impede other vehicles approaching from the rear. However, this exception does not exempt the operator of the wide implement of husbandry from the requirements and prohibitions above, specifying that a vehicle operator must pass a vehicle proceeding in the opposite direction on the right and yield half of the roadway if possible; a vehicle operator may not drive on the left side of the roadway on a grade or curve where the operator's view is obstructed or in an area designated as a no-passing zone; and a vehicle operator may not drive so slowly as to impede the normal movement of traffic and must, if practicable, yield the roadway to an overtaking vehicle.

Under current law, a vehicle operator may not drive on the left side of the center of a roadway designated, by signs or a solid yellow line, as a no-passing zone. However, under an exception, a vehicle operator may cross to the left of the center of the roadway in such a no-passing zone to overtake and pass, with care, any vehicle traveling at a speed less than half of the applicable speed limit. Under this bill, this exception does not apply with respect to overtaking and passing an implement of husbandry or an agricultural CMV.

Required disclosures in sales of farm equipment

Under current law, no person in the business of selling a tractor or other machinery used in the business of farming (farm equipment) may sell farm equipment unless, at the time of sale, the farm equipment is equipped with specified safety equipment, including lights, reflectors, and an SMV emblem meeting applicable vehicle equipment requirements, if the farm equipment can be operated on a highway. However, this requirement does not apply to sales of farm equipment to another person in the business of selling farm equipment for the purpose of resale, sales of farm equipment for the purpose of salvage, and most sales by auction. A person who violates this requirement may be required to forfeit not more than $500 for each violation.

Under this bill, no person in the business of selling farm equipment may sell farm equipment that can be operated on a highway unless, at the time of sale, the person who sells the farm equipment discloses to the buyer the gross vehicle weight of the farm equipment. The exceptions and penalty described above also apply with respect to this requirement. The bill also specifies that lights, reflectors, and other marking devices with which farm equipment is required to be equipped at the time of sale are those meeting applicable vehicle equipment requirements at the time the farm equipment was manufactured.

For further information see the state and local 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:

SB509,1 Section 1. 100.47 (2) (c) of the statutes is amended to read:

SB509,10,3 100.47 (2) (c) Lights and, reflectors, and other marking devices meeting the applicable requirements under ch. 347 at the time the farm equipment was manufactured, if farm equipment that can be operated on a highway.

SB509,2 Section 2. 100.47 (3) of the statutes is renumbered 100.47 (3) (a).

SB509,3 Section 3. 100.47 (3) (b) of the statutes is created to read:

SB509,10,9 100.47 (3) (b) No person in the business of selling farm equipment may sell farm equipment that can be operated on a highway unless, at the time of sale, the person who sells the farm equipment discloses to the buyer the gross vehicle weight of the farm equipment.

SB509,4 Section 4. 100.47 (4) (intro.) of the statutes is amended to read:

SB509,10,12 100.47 (4) Exceptions. (intro.) Subsection (2) does Subsections (2) and (3) (b) do not apply to:

SB509,5 Section 5. 227.01 (13) (rs) of the statutes is created to read:

SB509,10,16 227.01 (13) (rs) Relates to any form prescribed by the department of transportation under s. 348.03 (1) or 348.27 (19) (d) 1. or procedure prescribed under s. 348.27 (19) (d) 2.

SB509,6 Section 6. 340.01 (1o) of the statutes is created to read:

SB509,10,19 340.01 (1o) "Agricultural commercial motor vehicle" means a commercial motor vehicle to which all of the following apply:

SB509,10,21 (a) The vehicle is substantially designed or equipped, or materially altered from its original construction, for the purpose of agricultural use.

SB509,10,22 (b) The vehicle was designed and manufactured primarily for highway use.

SB509,11,2 (c) Unless the vehicle is a former military vehicle, as defined in s. 341.01 (2) (af), or was manufactured prior to 1970, the vehicle was manufactured to meet federal motor vehicle safety standard certification label requirements as specified in 49 CFR 567.

SB509,11,3 (d) The vehicle is used exclusively in the conduct of agricultural operations.

SB509,11,5 (e) The vehicle is directly engaged in harvesting farm products, directly applies fertilizer, spray, or seeds to a farm field, or distributes feed to livestock.

SB509,7 Section 7. 340.01 (24) of the statutes is repealed and recreated to read:

SB509,11,8 340.01 (24) (a) Subject to par. (b), "implement of husbandry" means all of the following:

SB509,11,11 1. A self-propelled or towed vehicle that is manufactured, designed, or reconstructed to be used and that is exclusively used in the conduct of agricultural operations. An "implement of husbandry" may include any of the following:

SB509,11,12 a. A farm tractor.

SB509,11,18 b. A self-propelled combine; a self-propelled forage harvester; self-propelled fertilizer or pesticide application equipment but not including manure application equipment; towed tillage, planting, and cultivation equipment and its towing power unit; or another self-propelled vehicle that directly engages in harvesting farm products, directly applies fertilizer, spray, or seeds but not manure, or distributes feed to livestock.

SB509,11,20 c. A farm wagon, farm trailer, manure trailer, or trailer adapted to be towed by, or to tow or pull, another implement of husbandry.

SB509,11,22 2. A combination of vehicles in which each vehicle in the vehicle combination is an implement of husbandry as described in subd. 1.

SB509,11,23 (b) "Implement of husbandry" does not include any of the following:

SB509,11,24 1. An agricultural commercial motor vehicle.

SB509,12,2 2. A vehicle that, notwithstanding s. 340.01 (8), is a commercial motor vehicle under 49 CFR 390.5.

SB509,8 Section 8. 341.01 (2) (a) of the statutes, as affected by 2013 Wisconsin Act 103, is repealed.

SB509,9 Section 9. 341.05 (17) of the statutes is amended to read:

SB509,12,7 341.05 (17) The vehicle is an implement of husbandry or an agricultural commercial motor vehicle.

SB509,10 Section 10. 346.05 (1) (g) of the statutes is created to read:

SB509,12,17 346.05 (1) (g) If the vehicle is a wide implement of husbandry, as defined in s. 347.24 (3) (a), being operated in compliance with any applicable requirement under s. 347.24 (3), 347.245 (1), or 347.25 (2g), and the vehicle is operated as much as practicable on the right half of the roadway and in the right-hand lane of a 3-lane highway, a portion of the vehicle may extend over the center of the roadway into any lane intended for travel in the opposite direction and may extend into any passing lane of a 3-lane highway. A wide implement of husbandry operated as described in this paragraph is subject to any restriction under ss. 346.06, 346.09 (2) and (3), and 346.59.

SB509,11 Section 11. 346.09 (1) of the statutes is amended to read:

SB509,13,5 346.09 (1) Upon any roadway where traffic is permitted to move in both directions simultaneously, the operator of a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be done in safety. In no case when overtaking and passing on a roadway divided into 4 or more clearly indicated lanes shall the operator of a vehicle drive to the left of the pavement marking indicating allocation of lanes to vehicles moving in the opposite direction or, in the absence of such marking, to the left of the center of the roadway. Except as provided in sub. (3) (b) and s. 346.05 (1) (g), in no case shall the operator of a vehicle drive in a lane when signs or signals indicate that such lane is allocated exclusively to vehicles moving in the opposite direction.

SB509,12 Section 12. 346.09 (3) (b) of the statutes is amended to read:

SB509,13,11 346.09 (3) (b) The operator of a vehicle may drive on the left side of the center of a roadway on any portion thereof which has been designated a no-passing zone, as described in par. (a), to overtake and pass, with care, any vehicle , except an implement of husbandry or agricultural commercial motor vehicle, traveling at a speed less than half of the applicable speed limit at the place of passing.

SB509,13 Section 13. 346.13 (1), (2) and (3) of the statutes are amended to read:

SB509,13,16 346.13 (1) The Except as provided in sub. (4), the operator of a vehicle shall drive as nearly as practicable entirely within a single lane and shall not deviate from the traffic lane in which the operator is driving without first ascertaining that such movement can be made with safety to other vehicles approaching from the rear.

SB509,13,23 (2) Upon Except as provided in s. 346.05 (1) (g), upon a 2-way roadway which is divided into 3 lanes the operator of a vehicle may not drive in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or U-turn, or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is marked or posted to give notice of the allocation.

SB509,14,3 (3) Notwithstanding sub. (2), but subject to sub. (4), when lanes have been marked or posted for traffic moving in a particular direction or at designated speeds, the operator of a vehicle shall drive in the lane designated.

SB509,14 Section 14. 346.13 (4) of the statutes is created to read:

SB509,14,10 346.13 (4) Upon a 2-way roadway with at least 2 lanes for travel in each direction, a wide implement of husbandry, as defined in s. 347.24 (3) (a), that is being operated in compliance with any applicable requirement under s. 347.24 (3), 347.245 (1), or 347.25 (2g), and that is being operated as much as practicable within a single lane may, to the extent necessary, extend into another lane intended for travel in the same direction if it does not impede other vehicles approaching from the rear.

SB509,15 Section 15. 347.21 (1m) of the statutes is amended to read:

SB509,14,18 347.21 (1m) No person shall operate on a highway during hours of darkness any train of vehicles authorized by s. 348.08 (1) (b) unless there is mounted on each side of every vehicle in such train, including farm tractors and implements of husbandry, at least one lamp emitting a red an amber light visible from a distance of 500 feet to the side of the vehicle on which mounted or, in lieu thereof, at least one red reflector visible from all distances within 500 feet to 50 feet of the side of the vehicle when directly in front of lawful upper beams of headlamps.

SB509,16 Section 16. 347.21 (2) of the statutes is repealed.

SB509,17 Section 17. 347.22 (2) of the statutes is amended to read:

SB509,14,24 347.22 (2) No Except as provided in s. 347.25 (2g), no person shall operate or park a farm tractor, self-propelled farm implement, or lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2., upon a highway during hours of darkness with any lamp thereon showing any light to the rear other than red or amber in color.

SB509,18 Section 18. 347.24 (3) of the statutes is created to read:

SB509,15,4 347.24 (3) (a) In this subsection, "wide implement of husbandry" means any implement of husbandry that has a total width in excess of 15 feet or that partly extends, when operated primarily on the right half of the roadway, over the center of the roadway into any lane intended for travel in the opposite direction.

SB509,15,8 (b) No person may operate on a highway any wide implement of husbandry manufactured before January 1, 2014, unless it is equipped with all of the following and any lamp or light required under this paragraph is lighted and visible at the time of operation:

SB509,15,12 1. At least 2 amber flashing warning lamps, visible from both the front and rear of the implement of husbandry. These lamps shall be mounted, as nearly as practicable, to indicate the extreme width of the implement of husbandry, but not more than 16 inches from the lateral extremities of the implement of husbandry.

SB509,15,15 2. Red retroreflective conspicuity material, visible to the rear and mounted within 25 inches of, respectively, the extreme left and extreme right of the implement of husbandry and spaced as evenly as practicable.

SB509,15,20 3. At least 2 strips of yellow retroreflective conspicuity material visible to the front of the implement of husbandry. On the left and right sides of the implement of husbandry, the outer edge of at least one strip of this material shall be mounted within 16 inches of, respectively, the extreme left and extreme right of the implement of husbandry.

SB509,15,23 4. Subject to ss. 347.06 (1) and (3), 347.13 (2), and 347.22 (1), at least 2 red tail lamps mounted symmetrically to the rear of the implement of husbandry, or as close to the rear as practicable.

SB509,16,10 (c) In addition to any applicable requirement under par. (b), if a wide implement of husbandry has a total width in excess of 20 feet, no person may operate the implement of husbandry on a highway unless the implement of husbandry is accompanied by an escort vehicle operating with hazard lights activated. If the implement of husbandry is being operated on a highway with only one lane for travel in each direction, the escort vehicle shall be operated ahead of the implement of husbandry on the highway. If the implement of husbandry is being operated on a highway with more than one lane for travel in each direction or on a 3-lane highway, the escort vehicle shall be operated behind the implement of husbandry on the highway. This paragraph does not apply to an implement of husbandry that is traveling between fields and operated on the highway for a distance of 0.25 miles or less.

SB509,16,15 (d) No person may operate on a highway any implement of husbandry manufactured on or after January 1, 2014, unless it is equipped with all lighting and marking devices with which the implement of husbandry was originally equipped by the manufacturer and all such lighting and marking devices are in good working order and visible at the time of operation.

SB509,16,17 (e) The requirements under this subsection apply in addition to any applicable requirements under subs. (1) and (2) and ss. 347.21, 347.22, and 347.27.

SB509,19 Section 19. 347.245 (1) of the statutes is amended to read:

SB509,17,12 347.245 (1) After January 1, 1970, no person may operate on a highway, day or night, any vehicle or equipment, any animal-drawn vehicle, or any other machinery, including all road machinery, that usually travels at speeds of less than 25 miles per hour or any vehicle operated under a special restricted operator's license issued under s. 343.135 or any lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2., or any wide implement of husbandry, as defined in s. 347.24 (3) (a), that is manufactured before January 1, 2014, unless there is displayed on the most practicable visible rear area of the vehicle or combination of vehicles, a slow moving vehicle (SMV) emblem as described in and displayed as provided in sub. (2). Any towed vehicle or machine is exempt from this provision if the towing vehicle is visible from the rear and is in compliance with this section. All road machinery is excluded when it is engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs. Except as provided in s. 347.21 (1), the requirement of the emblem shall be in addition to any lighting devices required or permitted by law. Mopeds and motor bicycles are excluded from the provisions of this section unless they are operated under a special restricted operator's license issued under s. 343.135. Electric personal assistive mobility devices are excluded from the provisions of this section. The SMV emblem need not be displayed on vehicles moving directly across the highway.

SB509,20 Section 20. 347.245 (5) of the statutes is amended to read:

SB509,17,17 347.245 (5) This section does not apply to any vehicle or combination of vehicles to the left rear of which is attached a yellow or amber flashing light at least 4 inches in diameter, except to a wide implement of husbandry, as defined in s. 347.24 (3) (a), that is manufactured before January 1, 2014.

SB509,21 Section 21. 347.25 (2g) of the statutes is created to read: