The public record on this proposed rule making will be held open until October 22, 1997, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Kathleen Nichols, Wisconsin Department of Transportation, Division of Motor Vehicles, Motor Carrier Services Section, Room 151, P. O. Box 7981, Madison, WI 53707-7981.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: ss. 85.16(1), 227.11(2)(a), and 348.25(3)
STATUTE INTERPRETED: ss. 340.01(29), 348.05, 348.25, and 348.27
General Summary of Proposed Rule. The proposed rule creates s. Trans 261.155, which allows the Department to issue multiple trip permits for mobile homes or modular building sections that do not exceed 16 feet in width. These permits may be used only to allow transportation of mobile homes and modular building sections for a maximum distance of 5 miles to complete the manufacturing process. These permits may not be used to transport mobile homes or modular building sections to sales or building sites.
If a local road or county highway is used to transport these loads, the local or county highway authority with the responsibility to maintain these highways must approve the movement.
Additional safety requirements include the preparation of a traffic safety plan, use of a flag person at intersections, an additional amber flashing or revolving light visible from the front, and a maximum speed of 35 miles per hour.
Fiscal Impact
The Department estimates that there may be a fiscal impact on the liabilities or revenues of any county, city, village or town responsible for maintaining local roads.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Proposed Rule
Copies of the rule may be obtained upon request, without cost, by writing to Kathleen Nichols, Wisconsin Department of Transportation, Division of Motor Vehicles, Motor Carrier Services Section, Room 151, P. O. Box 7981, Madison, WI 53707-7981, or by calling (608) 266-6648. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396. Alternate formats of the proposed rule will be provided to individuals at their request.
Text of Proposed Rule
SECTION 1. Section Trans 261.155 is created to read:
Trans 261.155 MULTIPLE TRIP 16 FOOT WIDE MOBILE HOME AND MODULAR BUILDING SECTIONS. (1) The issuing authority may issue annual or consecutive month permits to licensed mobile home transport companies and to licensed mobile home manufacturers for the transportation of mobile homes and modular building sections that are not greater than 16 feet wide in total exterior width including all protrusions, but only if all of the following conditions are satisfied:
(a) The movement is limited to a distance of 5 straight-line air distance miles.
(b) The mobile home or modular building sections are transported from a manufacturing plant to or from another manufacturing plant, including a subcontractor's manufacturing plant. This includes movement to a manufacturer-owned storage lot where partially completed mobile homes are temporarily stored while awaiting further construction.
(c) The mobile home or modular building sections are being transported to complete the manufacturing process.
(d) A traffic safety plan has been prepared by the manufacturer and approved by the local authority or person responsible for maintaining the highways over which the carrier will transport a load authorized by this section.
(2) A permit authorized in sub. (1) may not be issued to transport 16-foot wide mobile homes or modular building sections from a manufacturing plant to a sales location or a building site.
(3) A permit issued under this section is not a guarantee of the sufficiency of any highway or structure for the transportation of the vehicle or the load.
(4) For each local road or county highway on which the applicant seeks authority to operate, a permit for a 16-foot wide mobile home or modular building section may be issued only upon presentation of written proof that permission for operation has been granted by any local authority or person in charge of maintaining those highways.
(5) When transporting a 16-foot wide mobile home or modular building sections, the power unit shall be stopped when necessary by the driver to allow traffic to pass from either direction without delay.
(6) The wheels of a 16-foot wide mobile home or undercarriage shall be operated as close to the right edge of the shoulder as possible in order to provide minimum interference with the left lane of traffic. However, to minimize damage to the shoulder in the area immediately adjacent to the pavement, the right wheels may not be operated on the shoulder within 2 feet of the edge of the pavement except to cross this area.
(7) The maximum speed of a 16-foot wide mobile home or modular building section operating on highways without paved shoulders may not exceed 35 miles per hour.
(8) In addition to the amber flashing or revolving lamps specified in s. Trans 261.10(2), each 16-foot wide mobile home or modular building section shall be equipped with a similar lamp visible from the front of the vehicle when operated on 2-way roadways.
(9) A flag person shall accompany each movement in which a highway is crossed. The flag person shall assist the driver in managing traffic as the vehicle and load cross a highway intersection.
(10) A permittee shall certify, and may be required to present satisfactory written evidence, that the amount of insurance coverage given in s. Trans 261.14(6)(b), or a bond in a form satisfactory to the issuing authority, will be in effect for the vehicle and load designated in the permit while operating on the public highway, unless this requirement is expressly waived by the issuing authority.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection
(CR 97-43):
Ch. ATCP 31 - Relating to standards for repealing site-specific prohibitions against the use of pesticides found in groundwater.
Ch. Comm 27 - Relating to piers for new manufactured homes.
Ch. DOC 309 - Relating to leisure time activities, inmate activity groups, and religious beliefs and practices for inmates.
Ch. DOC 306 - Relating to security procedures at correctional institutions.
S. ETF 10.12 (4) - Relating to withdrawal of funds invested in the Public Employe Trust Fund by a separate retirement system, as permitted by s. 40.03 (1) (n) and (2) (q), Stats.
SS. Tax 11.39 and 11.41 - Relating to the Wisconsin sales and use tax as it applies to manufacturers.
S. Tax 11.14 - Relating to the use of exemption certificates.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order repealing and recreating ch. Comm 113, relating to the annual allocation of volume cap for calendar year 1998.
Effective 01-01-98.
An order creating subchs. I, II and III of ch. DOD 6, and creating ch. Comm 108, relating to the Community Development Block Grant Program.
Effective 11-01-97.
An order affecting ss. DWD 272.01 and 272.03, relating to the minimum wage.
Effective 10-01-97.
An order affecting chs. DWD 290 and ILHR 290, relating to the determination of prevailing wage rates for workers employed on state or local public works projects.
Effective 10-01-97.
The State of Wisconsin
Department of Administration
Document Sales Unit
P.O. Box 7840
Dated Material. Please Do Not Delay!
