CHAPTER 194
MOTOR VEHICLE TRANSPORTATION
194.01 Definitions.
194.02 Legislative intent.
194.025 Discrimination prohibited.
194.03 Interstate and foreign commerce.
194.04 Certificates; licenses; permits.
194.05 Exemption.
194.06 Public interest.
194.07 Operations subject to law.
194.08 Effect of this chapter on powers of department and municipalities.
194.09 Marking carrier vehicles.
194.10 Service of process on nonresident carriers.
194.11 Inspection of premises or vehicles.
194.145 Hearing; decision.
194.16 Operation while delinquent unlawful.
194.17 Penalties.
194.178 Uniform traffic citation.
194.20 Certificates and licenses for carriers in interstate and foreign commerce.
194.23 Certificate required.
194.24 Application; form.
194.25 Nature of certificates.
194.31 Inspection of records.
194.32 Buses, restrictions.
194.33 Municipal consent.
194.34 Contract motor carriers; license; application and hearing.
194.355 Operation under certificate, license or permit.
194.37 Enforcement.
194.38 Regulatory powers of department.
194.405 Single-state insurance registration system.
194.41 Contract of liability for damage to person or property.
194.42 Exemption from undertaking; proof of financial responsibility; revocation.
194.43 Private motor carriers; regulation by department.
194.46 Amendment, suspension or revocation of certificate, license or permit; hearing.
194.51 Suit to recover protested tax.
194.01 194.01 Definitions. In this chapter, unless the context otherwise requires:
194.01(1) (1) "Common motor carrier" means any person who holds himself or herself out to the public as willing to undertake for hire to transport passengers by motor vehicle between fixed end points or over a regular route upon the public highways or property over regular or irregular routes upon the public highways. The transportation of passengers in taxicab service or in commuter car pool or van pool vehicles with a passenger-carrying capacity of less than 16 persons or in a school bus under s. 120.13 (27) shall not be construed as being that of a common motor carrier.
194.01(2) (2) "Contract motor carrier" means any person engaged in the transportation by motor vehicle over a regular or irregular route upon the public highways of property for hire.
194.01(3) (3) "Department" means the department of transportation.
194.01(3m) (3m) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
194.01(4) (4) "For hire" means for compensation, and includes compensation obtained by a motor carrier indirectly, by subtraction from the purchase price or addition to the selling price of property transported, where the purchase or sale thereof is not a bona fide purchase or sale. Any person who pretends to purchase property to be transported by such person or who purchases property immediately prior to and sells it immediately after the transportation thereof shall be deemed to be transporting the property for hire and not a bona fide purchaser or seller thereof. The rental of a motor vehicle to a person for transportation of the person's property which rental directly or indirectly includes the services of a driver shall be deemed to be transportation for hire and not private carriage. This subsection does not apply to motor vehicle operations which are conducted merely as an incident to or in furtherance of any business or industrial activity.
194.01(5) (5) The term "gross weight" when applied to a motor vehicle used for the transportation of passengers shall mean the actual weight of such motor vehicle unloaded plus one hundred and fifty pounds for each person capable of being seated in such motor vehicle.
194.01(6) (6) The term "gross weight" when applied to a motor vehicle used for the transportation of property shall mean the actual weight of such motor vehicle unloaded plus the licensed carrying capacity of such motor vehicle.
194.01(7) (7) "Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus or any self-propelled or motor driven vehicle, except a motorcycle, moped, motor bicycle or a vehicle operated on rails.
194.01(8) (8) The term "municipality" means a town or an incorporated village or city.
194.01(10) (10) "Person" means and includes any individual, firm, partnership, limited liability company, corporation, company, association, including express and forwarding companies or agencies and railroad companies, or their lessees, trustees or receivers.
194.01(11) (11) "Private motor carrier" means any person except a common or contract motor carrier engaged in the transportation of property by motor vehicle other than an automobile or trailer used therewith, upon the public highways.
194.01(12) (12) "Public highway" means every public street, alley, road, highway or thoroughfare of any kind, except waterways, in this state while open to public travel and use.
194.01(13) (13) "Secretary" means the secretary of transportation.
194.01 History History: 1971 c. 164 s. 88; 1977 c. 29 ss. 1303, 1304, 1654 (9) (c), (f), (10) (a); 1979 c. 34, 110, 221, 355; 1981 c. 347; 1983 a. 189, 243; 1985 a. 29, 187; 1993 a. 16, 112, 490.
194.01 Annotation A buy-sell arrangement whereby the carrier "buys" property at the shipping point, immediately transports it to a delivery point, and there "sells" it to the real purchaser-with the carrier's profit amounting only to the price of the transportation between the 2 points—raises a rebuttable presumption under sub. (15), 1981 stats. [now sub. (4)], that the property is being transported "for hire." Gensler v. Dept. of Revenue, 70 W (2d) 1108, 236 NW (2d) 648.
194.02 194.02 Legislative intent. It is the intent of the legislature to remove the economic regulations which limit motor carrier operations in the state. The legislature intends to let the market promote competitive and efficient transportation services, while maintaining the safety regulations necessary to protect the welfare of the traveling and shipping public. It is the intent of the legislature that this chapter be interpreted in a manner which gives the most liberal construction to achieve the aim of a safe, competitive transportation industry.
194.02 History History: 1977 c. 29 s. 1654 (9) (c); 1981 c. 347.
194.025 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act or omission which results in discrimination on the basis of race, creed, sex or national origin.
194.025 History History: 1981 c. 347.
194.03 194.03 Interstate and foreign commerce.
194.03(1) (1) This chapter shall apply to motor carriers engaged in interstate and foreign commerce upon the public highways of this state, in all particulars and provisions lawful under the constitution of the United States.
194.03(2) (2) Fees and taxes provided in this chapter shall be assessed against operations in interstate and foreign commerce and collected from the carriers performing such operations, as partial compensation for the use of the highways and policing of the same.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?