194.145(1)(1) Any person adversely affected by a determination of the department under this chapter may petition the division of hearings and appeals for review. The division of hearings and appeals shall set a time for a hearing on the matter, and notice of the hearing shall be given to the petitioner and the department at least 10 days prior to the hearing. The hearing shall be conducted as are hearings for contested cases under
ch. 227.
194.145(2)
(2) In its decision the division of hearings and appeals may confirm or reverse or may modify, with or without conditions, the determination of the department. Where appropriate, the division of hearings and appeals may by order direct the department to implement the decision of the division.
194.145(3)
(3) Review of department determinations made under this chapter is a condition precedent to judicial review under
ch. 227. Decisions of the division of hearings and appeals are subject to judicial review under
ch. 227.
194.16
194.16
Operation while delinquent unlawful. No motor carrier of property or of passengers shall operate any motor vehicle pursuant to this chapter while delinquent in the payment of any part of the fees provided under
ch. 341.
194.16 History
History: 1993 a. 16.
194.17
194.17
Penalties. Every common motor carrier of property or of passengers, every contract motor carrier and every private motor carrier to which this chapter applies and every person who operates without obtaining a certificate under
s. 194.23 or license under
s. 194.34, except a license for transporting exempt commodities, or without meeting the insurance requirements under
s. 194.405 or
194.41, shall forfeit not less than $500 nor more than $5,000. Any person who violates any other provisions of this chapter including the requirement to obtain a license to transport exempt commodities or the requirement to obtain a permit or who violates orders issued by the division of hearings and appeals or orders or rules issued by the secretary shall forfeit not less than $50 nor more than $100. Each violation constitutes a separate offense. In construing and enforcing the provisions of this section, the act, omission or failure of any officer, agent or servant or other person acting for or employed by any common motor carrier of property or of passengers, any contract motor carrier or any private motor carrier, done within the scope of employment is deemed to be the act, omission, or failure of the common motor carrier of property or of passengers, contract motor carrier or private motor carrier.
194.178
194.178
Uniform traffic citation. Service of a uniform traffic citation on the operator of a vehicle shall be deemed sufficient process to give the appropriate court jurisdiction over the person having or required to have a certificate of authority, permit or license under this chapter or the person required to meet other responsibilities under this chapter upon the filing with or transmitting to the court of the uniform traffic citation.
194.178 History
History: 1979 c. 34;
1993 a. 437.
194.20
194.20
Certificates and licenses for carriers in interstate and foreign commerce. 194.20(1)
(1) Motor carriers operating in interstate and foreign commerce shall obtain certificates and licenses as provided in
ss. 194.23 and
194.34. Certificates and licenses which involve operations in interstate and foreign commerce may be denied by the department if it finds that the record and experience of the applicant evinces a disposition to violate or evade the laws or regulations of the state applicable to the operations proposed by the applicant.
194.20(2)
(2) Notwithstanding
sub. (1) the department is empowered to act under the provisions of section 206 (a) of the interstate commerce act, as amended by
P.L. 87-805, 76 Stat. 911, by making any finding, determination and otherwise doing any other thing necessary to proceed under that statute.
194.20 History
History: 1981 c. 347 ss.
47,
80 (1);
1993 a. 16.
194.23
194.23
Certificate required. 194.23(1)
(1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state registration system consistent with the standards under
49 USC 14504, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.
194.23(2)
(2) The department shall issue a certificate without a hearing and order if the department finds that the applicant is fit, willing and able to provide the transportation authorized by the certificate and to comply with this chapter.
194.23(3)
(3) In determining the ability and fitness of a common motor carrier under
sub. (2), the department shall consider all of the following:
194.23(3)(c)
(c) The applicant's financial ability to provide cargo insurance or to have adequate financial resources in order to pay for damage claims against the company.
194.23(3)(d)
(d) The applicant's reliability and service record.
194.23(4)
(4) If the department denies a certificate, the department shall notify the applicant in writing of the reason, and the applicant shall have 30 days to correct the deficiency and reapply without payment of an additional application fee.
194.24
194.24
Application; form. Applications for all certificates, licenses and permits required under this chapter shall be verified, written, and in conformity with department requirements as to form and content. The department shall prepare and make the forms available to applicants.
194.25
194.25
Nature of certificates. 194.25(1)
(1) No certificate or license issued in accordance with provisions of this chapter shall be construed to be irrevocable, or to confer any property right upon the holder thereof.
194.25(3)
(3) When the holder of a certificate or license or any right or privilege thereunder dies, his or her personal representative, heirs or surviving spouse may continue to operate thereunder for a reasonable period after his or her death. The department shall have power to determine when such period shall end and no person shall operate under the provisions of this subsection beyond the date fixed by the department. Any person electing to operate under this subsection shall be considered as having assented to be considered as the holder of said certificate, license or any right or privilege thereunder for purposes of regulation under the laws of Wisconsin.
194.25 History
History: 1981 c. 347 ss.
52,
53,
80 (1);
1993 a. 16.
194.31
194.31
Inspection of records. The secretary, or any person employed by the secretary, shall, upon demand, have the right to inspect the insurance records of any common motor carrier of property or of passengers or of any contract motor carrier and to examine under oath any officer, agent or employee of such carrier in relation to the insurance required under
s. 194.41; provided that any person other than the secretary who shall make such demand shall produce his or her authority under the hand and seal of the department.
194.32
194.32
Buses, restrictions. No common motor carrier of passengers shall operate any passenger-carrying bus over any public highway of this state with any trailer or semitrailer attached except for an articulated bus as defined in
s. 340.01 (2m). Except for an articulated bus as defined in
s. 340.01 (2m) which may be 65 feet in length, no interurban motor bus which exceeds 40 feet in length or 8 feet 6 inches in width or is double-decked shall be operated upon the public highways under the authority of this chapter. As used in this section an interurban motor bus is deemed "double-decked" when passengers are carried therein on an upper level throughout the length of the bus over passengers on a lower level throughout the length of the bus.
194.32 History
History: 1981 c. 159;
1993 a. 16.
194.33
194.33
Municipal consent. No common motor carrier of property or of passengers shall operate any motor vehicle within or through any municipality except in compliance with action taken by the municipality in relation to streets, roads and routes in the municipality. No action by any municipality under this section shall be subject to review by the department.
194.34
194.34
Contract motor carriers; license; application and hearing. 194.34(1)(1) No person may operate any motor vehicle as a contract motor carrier unless the person first obtains a license and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state registration system consistent with the standards under
49 USC 14504, for the operation of the motor vehicle, except that no permit is required for the operation of a semitrailer. The department may refuse to issue any license or may attach to the exercise of the privilege granted by a license any terms or conditions which are permitted under this chapter.
194.34(2)
(2) The department shall issue a license without a hearing and order if the department finds that the applicant is fit, willing and able to provide the transportation to be authorized by the license and to comply with this chapter.
194.34(3)
(3) In determining the ability and fitness of a contract motor carrier under
sub. (2), the department shall consider all of the following:
194.34(3)(c)
(c) The applicant's financial ability to provide cargo insurance or to have adequate financial resources in order to pay for damage claims against the company.
194.34(3)(d)
(d) The applicant's reliability and service record.
194.34(4)
(4) If the department denies a license, the department shall notify the applicant in writing of the reason, and the applicant shall have 30 days to correct the deficiency and reapply without payment of an additional application fee.
194.355
194.355
Operation under certificate, license or permit. The operation of a motor vehicle under a certificate or permit issued to a common motor carrier or under a license or permit issued to a contract motor carrier shall, during the effective life of the certificate, license or permit, be deemed to be the operation of the holder of the certificate, license or permit for all purposes related to the enforcement of this chapter and
chs. 110,
341 to
349 and
351.
194.355 History
History: 1979 c. 333 s.
5;
1981 c. 390;
1993 a. 16.
194.37
194.37
Enforcement. The department shall enforce the orders relating to the provisions of this chapter and shall coordinate and allocate its activities so as to effectively enforce such orders and this chapter.
194.38
194.38
Regulatory powers of department. It shall be the duty of the department:
194.38(2)
(2) To prescribe rules and regulations as to safety of operations and the hours of labor of drivers of motor vehicles operated under the authority of this chapter.
194.38(5)
(5) To act in accordance with
49 USC 14504 by making any finding, determination and otherwise doing any other thing necessary to proceed under that statute. Nothing in this subsection shall permit the department to extend the length or weight of motor vehicles.
194.38 Cross-reference
Cross Reference: See also Trans 327, Wis. adm. code.
194.405
194.405
Single-state insurance registration system. The department may participate in and do all things necessary to implement and administer a single-state insurance registration system for motor carriers in accordance with
49 USC 14504. The annual fee required under this section for a motor vehicle that is operated in this state and which is subject to the single-state insurance registration system shall be $5.
194.405 History
History: 1993 a. 16;
1999 a. 139.
194.41
194.41
Contract of liability for damage to person or property. 194.41(1)(1) No permit or vehicle registration may be issued to a common motor carrier of property, contract motor carrier or rental company, no permit or vehicle registration may remain in force to operate any motor vehicle under the authority of this chapter and no vehicle registration may be issued or remain in force for a semitrailer unless the carrier or rental company has on file with the department and in effect an approved certificate for a policy of insurance or other written contract in such form and containing such terms and conditions as may be approved by the department issued by an insurer authorized to do a surety or automobile liability business in this state under which the insurer assumes the liability prescribed by this section with respect to the operation of such motor vehicles. The certificate or other contract is subject to the approval of the department and shall provide that the insurer shall be directly liable for and shall pay all damages for injuries to or for the death of persons or for injuries to or destruction of property that may be recovered against the owner or operator of any such motor vehicles by reason of the negligent operation thereof in such amount as the department may require. Liability may be restricted so as to be inapplicable to damage claims on account of injury to or destruction of property transported, but the department may require a certificate or other contract protecting the owner of the property transported by carriers from loss or damage in the amount and under the conditions as the department may require. No permit or vehicle registration may be issued to a common motor carrier of passengers by any motor vehicle, or other carrier of passengers by motor bus, except those registered in accordance with
s. 341.26 (2) (a) and
(d), and no permit or vehicle registration may remain in force to operate any motor vehicle unless it has on file with the department a like certificate or other contract in the form and containing the terms and conditions as may be approved by the department for the payment of damages for injuries to property and injuries to or for the death of persons, including passengers, in the amounts as the department may require. This subsection does not apply to a motor carrier that is registered by another state under a single-state registration system consistent with the standards under
49 USC 14504.
194.41(2)
(2) No certificate or other contract filed under this section may be limited as to the total liability of the insurer thereunder, for any series of accidents, and no such certificate or other contract may be terminated at any time prior to its expiration under the terms thereof, nor canceled for any reason whatever, unless there has been filed with the department by the insurer a notice thereof at least 30 days prior to the date of termination or cancellation. The 30-day notice may be waived if an acceptable replacement has been filed under this section.
194.41(3)
(3) The provisions of this section shall be deemed a part of every such certificate or other contract and no other provision thereof or agreement between the parties thereto may operate to avoid the same.
194.41(4)
(4) The department shall adopt rules for the administration and enforcement of this section and the secretary may appoint any employee in the department as a representative to affix the secretary's signature, including any facsimile signature adopted by the secretary, to administrative letters, notices and orders to enforce this section.
194.41(5)
(5) The department of transportation may require blanket filings of insurance, subject to such rules as the department may adopt.
194.41(6)(a)(a) Except as provided under
par. (b), the minimum insurance required under
sub. (1) is the minimum level of insurance established under
49 USC 13906 (a) (1).
194.41(6)(b)1.1. The minimum insurance required under
sub. (1) for a vehicle with a gross weight of 10,000 pounds or less is $300,000 unless the vehicle is transporting hazardous materials as listed under
49 CFR 172.101, in which case the minimum insurance requirements under
par. (a) apply.
194.41(6)(b)2.
2. The minimum insurance required under
sub. (1) for a taxicab operating under this chapter is the minimum levels of liability insurance for bodily injury and property damage required by the local taxicab licensing or regulating ordinance applicable to such taxicab. No such local ordinance may establish minimum levels of liability insurance which are less than those required for a policy or bond under
s. 344.15 (1). If no minimum levels of liability insurance are established by such local ordinance, the minimum levels are the same as the levels required for a policy or bond under
s. 344.15 (1).
194.41 Cross-reference
Cross Reference: See also ch.
Trans 176, Wis. adm. code.
194.41 Annotation
An insurer that paid for damages caused by a fleet vehicle not listed on the policy and for which no premium was received may recover from the insured under a policy reimbursement clause. Rural Mutual Insurance Co. v. Peterson,
134 Wis. 2d 165,
395 N.W.2d 776 (1986).
194.41 Annotation
Under this section, "operation" includes loading and unloading, and an "operator" includes a 3rd party permissively unloading the vehicle. Mullenberg v. Kilgust, 2000 WI 66,
235 Wis. 2d 770,
612 N.W.2d 327.
194.42
194.42
Exemption from undertaking; proof of financial responsibility; revocation. The department may by order exempt from the requirements of
s. 194.41 any common motor carrier of property or of passengers, or other carrier of passengers by motor bus, or contract motor carrier upon written application therefor and finding that the applicant has the financial ability to pay any and all damages, liability for which would otherwise be assumed by an indemnitor under
s. 194.41. Any person so exempted shall furnish to the department from time to time such information as to financial ability as the department may require and shall promptly report to the department all accidents and injuries arising out of its operations subject to this chapter. Such exemption may be granted as to all or part of the motor vehicles operated by the applicant. The department may by order revoke any such exemption, after hearing upon 10 days' notice, and for cause. Within 10 days after the date of such order of revocation the person affected thereby shall in all respects comply with
s. 194.41.
194.43
194.43
Private motor carriers; regulation by department. The department may regulate the operations of private motor carriers, including the power to designate from time to time the public highways over which private motor carrier vehicles may or may not be operated and to designate the time that such vehicles may or may not be operated thereon so as to prevent congestion which shall affect the safety of persons and property upon such public highways; to require the display of satisfactory evidence that such vehicle is not being used for common or contract motor carrier purposes; and to prescribe reasonable and necessary rules and regulations for the safety of operation of private motor carriers.
194.46
194.46
Amendment, suspension or revocation of certificate, license or permit; hearing. The department may at any time, by its order duly entered after a hearing had, upon notice to the holder of any certificate, license or permit under this chapter and an opportunity to be heard, at which it shall be proved that the holder has willfully violated or refused to comply with any of the provisions of this chapter, or any orders or rules of the department, alter, amend, suspend or revoke the certificate, license or permit. The department may suspend or revoke a certificate, license or permit under this chapter if, after providing the holder thereof notice and an opportunity to be heard on the matter, the department finds that service under the certificate, license or permit has been abandoned. A person who is aggrieved by an order of the department under this section may, within 20 days after the date that the order is issued, request a review of the order by the division of hearings and appeals.
194.46 Cross-reference
Cross Reference: See also s.
Trans 177.09, Wis. adm. code.
194.51
194.51
Suit to recover protested tax. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied in this chapter. The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest, may at any time within 90 days from the date of such payment, sue the state in an action at law to recover the tax so paid. If it is finally determined that said tax, or any part thereof, was wrongfully collected for any reason, it shall be the duty of the secretary of administration to pay out of the transportation fund the amount of such tax so adjudged to have been wrongfully collected. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made within any 90-day period preceding the commencement of such an action. Such suits shall be commenced as provided in
s. 775.01.
