SB509: Bill Text

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SB509,7 Section 7. 340.01 (24) of the statutes is repealed and recreated to read: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

SB509,17,23 347.25 (2g) No person may operate on a highway any self-propelled implement of husbandry manufactured before January 1, 2014, and having a total width in excess of 12 feet, unless it is equipped with a 360-degree yellow or amber rotating strobe or beacon light, mounted at the highest practicable point, or 2 flashing amber lights visible to the front and rear, and the light or lights are activated.

SB509,22 Section 22. 348.01 (2) (bg) of the statutes is created to read:

SB509,18,3 348.01 (2) (bg) "Implement dealer" means any person engaged in the business of delivering, repairing, or servicing implements of husbandry or agricultural commercial motor vehicles.

SB509,23 Section 23. 348.01 (2) (bp) of the statutes is created to read:

SB509,18,6 348.01 (2) (bp) "Potato harvester" means a self-propelled implement of husbandry designed and used exclusively for harvesting potatoes.

SB509,24 Section 24. 348.02 (6) of the statutes is created to read:

SB509,18,9 348.02 (6) The provisions of this chapter apply to implements of husbandry and agricultural commercial motor vehicles.

SB509,25 Section 25. 348.03 of the statutes is created to read:

SB509,18,14 348.03 Self-certification for agricultural commercial motor vehicles. (1) The department shall prescribe a form for the owner or operator of an agricultural commercial motor vehicle to certify that the vehicle and its operation satisfy all requirements specified in the definition under s. 340.01 (1o).

SB509,18,18 (2) The certification on the form under sub. (1) of an owner or operator of an agricultural commercial motor vehicle may be offered to the department or any traffic officer as evidence of the truth of the matters asserted in the certification, but the certification is not conclusive of such matters.

SB509,26 Section 26. 348.05 (2) (a) of the statutes is amended to read:

SB509,18,21 348.05 (2) (a) No limitation for implements of husbandry temporarily operated upon a highway in the course of performance of its work.

SB509,27 Section 27 . 348.05 (2) (a) of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

SB509,18,25 348.05 (2) (a) No Subject to ss. 347.24 (3), 347.245 (1), and 347.25 (2g), no limitation for implements of husbandry.

SB509,28 Section 28. 348.05 (2) (am) of the statutes is created to read:

SB509,19,6 348.05 (2) (am) Ten feet for an agricultural commercial motor vehicle, except that, if the agricultural commercial motor vehicle is operated for purposes of spreading lime or fertilizer but not including manure application and has extending tires, fenders, or fender flares, the total outside width of the agricultural commercial motor vehicle may not exceed 12 feet.

SB509,29 Section 29. 348.05 (2) (c) of the statutes is repealed.

SB509,30 Section 30. 348.05 (2g) of the statutes is created to read:

SB509,19,13 348.05 (2g) Subsection (2) (a) also applies to implements of husbandry while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry if the implement of husbandry is being operated or transported under either of the following circumstances:

SB509,19,16 (a) Directly from a farmer's owned or leased land to the business location of an implement dealer that is within a 75-mile radius of the farmer's owned or leased land.

SB509,19,19 (b) Directly from the business location of an implement dealer to a farmer's owned or leased land that is within a 75-mile radius of the implement dealer's business location.

SB509,31 Section 31. 348.05 (2g) of the statutes, as created by 2013 Wisconsin Act .... (this act), is renumbered 348.05 (2g) (a), and 348.05 (2g) (a) (intro.), as renumbered, is amended to read:

SB509,20,2 348.05 (2g) (a) (intro.) Subsection Subject to par. (b), subsection (2) (a) also applies to implements of husbandry while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry if the implement of husbandry is being operated or transported under either of the following circumstances:

SB509,32 Section 32. 348.05 (2g) (b) of the statutes is created to read:

SB509,20,9 348.05 (2g) (b) Paragraph (a) applies only if the person operating or transporting the implement of husbandry complies with ss. 347.24 (3), 347.245 (1), and 347.25 (2g), as applicable. For purposes of this paragraph, the requirements under ss. 347.24 (3), 347.245 (1), and 347.25 (2g) shall apply to an implement of husbandry being transported to the same extent as if the implement of husbandry were being operated.

SB509,33 Section 33. 348.05 (3) of the statutes is repealed.

SB509,34 Section 34. 348.06 (2) of the statutes is amended to read:

SB509,20,16 348.06 (2) Implements of husbandry of any height may be temporarily operated upon a highway without a permit for excessive height. The operator of the implement of husbandry is responsible for ensuring that there is adequate height clearance between the implement of husbandry and any overhead structure or obstruction, including any utility line.

SB509,35 Section 35. 348.07 (1) of the statutes is amended to read:

SB509,20,21 348.07 (1) No person, without a permit therefor, may operate on a highway any single vehicle with an overall length in excess of 45 feet or any combination of 2 vehicles with an overall length in excess of 70 feet, except as otherwise provided in subs. (2), (2a), (2m), and (4m) and s. 348.08 (1).

SB509,36 Section 36. 348.07 (2) (e) of the statutes is renumbered 348.07 (2) (e) 2. and amended to read:

SB509,20,25 348.07 (2) (e) 2. No limitation One hundred feet for implements of husbandry temporarily operated upon a highway that are 2-vehicle combinations.

SB509,37 Section 37. 348.07 (2) (e) 1. of the statutes is created to read: