SB509: Bill Text

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SB509,8 Section 8. 341.01 (2) (a) of the statutes, as affected by 2013 Wisconsin Act 103, is repealed.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

SB509,21,3 348.07 (2) (e) 1. Sixty feet for an implement of husbandry that is a single vehicle.

SB509,38 Section 38. 348.07 (2m) of the statutes is created to read:

SB509,21,9 348.07 (2m) Subsection (2) (e) 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:

SB509,21,12 (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.

SB509,21,15 (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.

SB509,39 Section 39. 348.08 (1) (b) of the statutes is amended to read:

SB509,21,24 348.08 (1) (b) Two trailers used primarily as implements of husbandry in connection with seasonal agricultural activities or one such trailer and any other implement of husbandry may, without such permit, be drawn by a farm tractor if the operation of such combination of vehicles is exclusively a farming operation and not for the transportation of property for hire and, or attached to, another implement of husbandry if the overall length of such combination of vehicles does not exceed 60 70 feet, or 100 feet if the vehicle combination is traveling at a speed of not more than 20 miles per hour.

SB509,40 Section 40. 348.08 (1) (d) of the statutes is amended to read:

SB509,22,8 348.08 (1) (d) Two trailers transporting empty pressurized or nonpressurized tanks used for hauling or storing liquid agricultural fertilizer or 2 implements of husbandry, including 2 empty trailers used primarily as implements of husbandry in connection with seasonal agricultural activities, may, without such permit, be drawn by a motor truck or, truck tractor , or agricultural commercial motor vehicle if the overall length of such combination of vehicles and load does not exceed 60 70 feet or, if the vehicle combination is traveling at a speed of not more than 20 miles per hour, 100 feet. For purposes of this paragraph, "empty" means less than 20% full.

SB509,41 Section 41. 348.08 (2) of the statutes is amended to read:

SB509,22,15 348.08 (2) Whenever any train of agricultural vehicles implements of husbandry is being operated under sub. (1) (b), the train shall be equipped as provided in s. 347.21 (1m) and (2). Whenever any train of agricultural vehicles is being operated under sub. (1) (d), the train shall be equipped as provided in s. 347.21 (1) and (2). The trailer hitches of a train of agricultural vehicles described in this subsection shall be of a positive nature so as to prevent accidental release.

SB509,42 Section 42. 348.09 (3) of the statutes is created to read:

SB509,22,19 348.09 (3) This section does not apply if the load is an implement of husbandry or agricultural commercial motor vehicle being transported as provided in s. 348.05 (2g).

SB509,43 Section 43. 348.15 (3) (b) of the statutes is amended to read:

SB509,23,2 348.15 (3) (b) The gross weight imposed on the highway by the wheels of any one axle may not exceed 20,000 pounds or, if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle, 23,000 pounds. In addition, the gross weight imposed on the highway by the wheels of the steering axle of a truck tractor may not exceed 13,000 pounds unless the manufacturer's rated capacity of the axle and the tires is sufficient to carry the weight, but not to exceed 20,000 pounds.

SB509,44 Section 44. 348.15 (3) (d) of the statutes is amended to read:

SB509,23,7 348.15 (3) (d) Notwithstanding par. pars. (c) and (g), 2 consecutive sets of tandem axles may impose on the highway a gross load of 34,000 pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more.

SB509,45 Section 45. 348.15 (3) (f) 2. of the statutes is amended to read:

SB509,23,15 348.15 (3) (f) 2. Notwithstanding pars. (a) to (c) and (g), sub. (4), and ss. 348.17 and 349.16, and subject to subd. 3., in the case of a heavy-duty vehicle equipped with idle reduction technology, the gross weight of the vehicle, and the gross weight imposed on the highway by the wheels of any one axle or axle group of the vehicle, may exceed the applicable weight limitation specified in pars. (a) to (c) or (g) or posted as provided in s. 348.17 (1) by not more than 400 pounds or the weight of the idle reduction technology, whichever is less.

SB509,46 Section 46. 348.15 (3) (g) of the statutes is created to read: