348.25(8)(e)
(e) The officer or agency authorized to issue a permit under
s. 348.26 or
348.27 may require any applicant for a permit under
s. 348.26 or
348.27 to pay the cost of any special investigation undertaken to determine whether a permit should be approved or denied and to pay an additional fee established by the department by rule per permit if a department telephone call-in procedure or Internet procedure is used. The fee shall approximate the cost to the department for providing this service to persons so requesting.
348.25(8)(f)
(f) Any local officer or agency authorized to issue a permit under
s. 348.26 or
348.27 may charge a permit issuance fee for each permit issued under
s. 348.26 and for the first and each subsequent or revalidated permit issued under
s. 348.27. This paragraph does not apply to the amendment of a permit under
s. 348.27 (3m).
348.25(9)
(9) If a permit under
s. 348.26 or
348.27 is denied, suspended or revoked, the permit applicant or holder may petition the division of hearings and appeals for a hearing on the matter within 30 days after the denial, suspension or revocation.
348.25(10)
(10) Notwithstanding any other provision of this section or
ss. 348.26 to
348.28, the department may enter into a reciprocal agreement with another jurisdiction for the issuance or recognition of permits for oversize or overweight vehicles or loads if that jurisdiction's laws or rules on oversize or overweight permits are substantially similar to those imposed by this chapter. Any permit recognized by this state under a reciprocal agreement shall be considered a permit issued under this section for purposes of this chapter or
s. 347.26 (10).
348.25(11)
(11) The department shall develop and implement an automated system for designating the route to be traveled by a vehicle for which a permit is issued under
s. 348.26 or
348.27.
348.25 History
History: 1973 c. 316,
333,
336;
1975 c. 66;
1977 c. 29 ss.
1488,
1654 (8) (a);
1979 c. 34,
221;
1981 c. 20,
69,
215,
312;
1981 c. 347 s.
80 (2),
1981 c. 391;
1983 a. 78 s.
37;
1985 a. 212;
1987 a. 27;
1989 a. 35,
130;
1991 a. 39,
316;
1993 a. 16;
1995 a. 163,
348;
1999 a. 9,
80;
2001 a. 78;
2003 a. 33.
348.25 Cross-reference
Cross Reference: See also chs.
Trans 230,
250, and
252, Wis. adm. code.
348.25 Annotation
Penalty provisions for weight and size violations are discussed. East Troy v. Town & Country Waste Service,
159 Wis. 2d 694,
465 N.W.2d 510 (Ct. App. 1990).
348.25 Annotation
Compliance with state rules promulgated under this section, and incorporating federal guidelines, is a condition of overweight permits under this section. Violations of overweight permits do not constitute registration violations under ch. 341. Town of East Troy v. A-1 Service Co., Inc.
196 Wis. 2d 120,
537 N.W.2d 126 (Ct. App. 1995),
94-0610.
348.26
348.26
Single trip permits. 348.26(1)
(1)
Applications. All applications for single trip permits for the movement of oversize or overweight vehicles or loads shall be made upon the form prescribed by the department and shall be made to the officer or agency designated by this section as having authority to issue the particular permit desired for use of the particular highway in question.
348.26(1m)
(1m) Telephone call-in procedure. The department shall develop and implement a telephone call-in procedure for permits issued under this section. The telephone call-in procedure for permits may not be utilized until permit information is computerized to ensure inquiry capability into the database for enforcement purposes.
348.26 Cross-reference
Cross Reference: See also ch.
Trans 275, Wis. adm. code.
348.26(2)
(2) Permits for oversize or overweight vehicles or loads. Except as provided in
sub. (4), single trip permits for oversize or overweight vehicles or loads may be issued by the department for use of the state trunk highways and by the officer in charge of maintenance of the highway to be used in the case of other highways. Such local officials also may issue such single trip permits for use of state trunk highways within the county or municipality which they represent. Every single trip permit shall designate the route to be used by the permittee. Whenever the officer or agency issuing such permit deems it necessary to have a traffic officer escort the vehicle through the municipality or county, a reasonable fee for such traffic officer's services shall be paid by the permittee. All moneys received from fees imposed by the department under this subsection shall be deposited in the general fund and credited to the appropriation account under
s. 20.395 (5) (dg).
348.26 Cross-reference
Cross Reference: See also ch.
Trans 254, Wis. adm. code.
348.26(3)
(3) Trailer train permits. The department and those local officials who are authorized to issue permits pursuant to
sub. (2) also are authorized to issue single trip permits for the operation of trains consisting of truck tractors, tractors, trailers, semitrailers or wagons on highways under their jurisdiction, except that no trailer train permit issued by a local official for use of a highway outside the corporate limits of a city or village is valid until approved by the department. No permit shall be issued for any train exceeding 100 feet in total length. Every permit issued pursuant to this subsection shall designate the route to be used by the permittee.
348.26 Cross-reference
Cross Reference: See also ch.
Trans 256, Wis. adm. code.
348.26(4)
(4) Mobile home permits. Single trip permits for the movement of oversize mobile homes may be issued only by the department, regardless of the highways to be used. Every such permit shall designate the route to be used by the permittee.
348.26 Cross-reference
Cross Reference: See also ch.
Trans 260, Wis. adm. code.
348.26(5)
(5) Vehicle train permits. The department and those local officials who are authorized to issue permits under
sub. (2) may issue a single trip permit for not more than 3 vehicles being drawn or attached if the vehicles are being transported by the drive-away method in saddle-mount combination. No vehicle train permit issued by a local official for use of a highway outside the corporate limits of a city or village is valid until approved by the department. No permit may be issued for any train exceeding 65 feet in total length. Every permit issued pursuant to this subsection shall designate the route to be used by the permittee.
348.26(6)
(6) Backhaul permits. If an oversize permit has been issued for an oversize vehicle or combination of oversize vehicles under this section or
s. 348.27, the authority issuing the permit may also issue a backhaul permit to enable such vehicle or combination to transport a load which does not exceed statutory size and weight limits. A backhaul permit may be issued only when an oversize load is transported on the return trip or outgoing trip. The fee for the backhaul permit is $3.
348.26 Cross-reference
Cross Reference: See also ch.
Trans 262, Wis. adm. code.
348.26(7)
(7) Specialized hauling rig permits. 348.26(7)(a)(a) In this subsection, "specialized hauling rig" means a vehicle, or combination of vehicles, that exceeds 100 feet in length and that is designed to transport nondivisible cargo that is exceptionally heavy. A specialized hauling rig is a nondivisible vehicle within the meaning of
23 CFR 658.5.
348.26(7)(b)
(b) The department and those local officials who are authorized to issue permits under
sub. (2) may issue single trip permits for the operation of overweight or oversize specialized hauling rigs whose unladen cargo-bearing component units are loaded or stacked on one or more of the specialized hauling rig's cargo-bearing component units. A permit issued under this paragraph is valid only while the specialized hauling rig is in transit to the site where the cargo to be transported will be loaded onto the specialized hauling rig, and while in transit from the site where the specialized hauling rig delivered its cargo. Every permit issued under this paragraph shall designate the route to be used by the permittee. No permit issued under this paragraph may authorize the operation of a specialized hauling rig that exceeds 120 feet in length or that exceeds the height limitations under
s. 348.06.
348.26 Cross-reference
Cross Reference: See also chs.
Trans 230 and
250, Wis. adm. code.
348.27
348.27
Annual, consecutive month or multiple trip permits. 348.27(1)(1)
Applications. All applications for annual, consecutive month or multiple trip permits for the movement of oversize or overweight vehicles or loads shall be made to the officer or agency designated by this section as having authority to issue the particular permit desired for use of the particular highway in question. All applications under
subs. (2) and
(4) to
(14) shall be made upon forms prescribed by the department.
348.27(2)
(2) Annual and consecutive month permits. Except as otherwise restricted in this section, annual and consecutive month permits for oversize or overweight vehicles or loads may be issued by the department, regardless of the highways involved.
348.27 Cross-reference
Cross Reference: See also chs.
Trans 251 and
255, Wis. adm. code.
348.27(3)
(3) General permits. For good cause in specified instances for specified construction or maintenance operations or for a specified period, the officer or agency in charge of maintenance of a highway may allow loads exceeding the size or weight limitations imposed by this chapter to be hauled on such highway. No such officer or agency shall issue such permits for use of a highway the cost of maintenance of which is paid by a unit of government other than the unit of government which such officer or agency represents.
348.27(3m)
(3m) Permit amendments for replacement vehicles. If a vehicle for which a permit has been issued under this section is removed from service or sold, the permittee may operate a replacement vehicle of the same type and weight class for the remainder of the period for which the permit was issued or validated under an amendment of the permit. The permittee shall apply to the officer or agency that issued the permit for the amendment. The terms of the permit, including any requirements imposed by the officer or agency for issuance of the permit, shall apply to the permittee's operation of the replacement vehicle under the amendment of the permit. No fee shall be charged for the amendment of a permit under this subsection.
348.27(4)
(4) Industrial interplant permits. The department may issue, to industries and to their agent motor carriers owning and operating oversize vehicles in connection with interplant, and from plant to state line, operations in this state, annual or consecutive month permits for the operation of such vehicles over designated routes, provided that such permit shall not be issued under this section to agent motor carriers or, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39, from plant to state line for vehicles or loads of width exceeding 102 inches upon routes of the national system of interstate and defense highways. If the routes desired to be used by the applicant involve city or village streets or county or town highways, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the highway in question.
348.27(5)
(5) Pole and pipe permits. Except as further provided in this subsection, the department may issue an annual or consecutive month permit to pipeline companies or operators or public service corporations for transportation of poles, pipe, girders and similar materials and to companies and individuals hauling peeled or unpeeled pole-length forest products used in its business. Such permits issued to companies and individuals hauling peeled or unpeeled pole-length forest products shall limit the length of vehicle and load to a maximum of 10 feet in excess of the limitations in
s. 348.07 (1) and shall be valid only on a class "A" highway as defined in
s. 348.15 (1). Permits issued to companies or individuals hauling pole-length forest products may not exempt such companies or individuals from the maximum limitations on vehicle load imposed by this chapter.
348.27 Cross-reference
Cross Reference: See also ch.
Trans 257, Wis. adm. code.
348.27(7)
(7) Mobile home permits. The department may issue annual or consecutive month statewide permits to licensed mobile home transport companies and to licensed mobile home manufacturers and dealers authorizing them to transport oversize mobile homes over any of the highways of the state in the ordinary course of their business.
348.27 Cross-reference
Cross Reference: See also ch.
Trans 261, Wis. adm. code.
348.27(7m)
(7m) The department may issue an annual or consecutive month permit for the movement of a 3-vehicle combination consisting of a towing vehicle and, in order by weight, with the lighter of the towed vehicles as the 3rd vehicle in the 3-vehicle combination unless not structurally possible, a mobile home or camping trailer, and a trailer for a personal recreational vehicle, if the overall length of the combination of vehicles does not exceed 60 feet and the towed vehicles are for the use of the operator of the towing vehicle. A permit under this subsection may be issued only by the department, regardless of the highways to be used. The department may designate the routes that may be used by the permittee. The fee for an annual permit under this subsection is $40. The fee for a consecutive month permit under this subsection shall be determined in the manner provided in
s. 348.25 (8) (bm), except that the $40 fee for an annual permit under this subsection shall be used in the computation. No 3-vehicle combination may operate under this paragraph if highway or weather conditions include heavy snow, freezing rain, icy roads, high winds, limited visibility, or upon a highway that is closed or partially closed by the department due to highway conditions.
348.27(9)
(9) Transportation of loads near the Michigan-Wisconsin state line. 348.27(9)(a)(a) The department may issue annual or consecutive month permits for the transportation on a vehicle or combination of vehicles of loads exceeding statutory length or weight limitations over any class of highway for a distance not to exceed 11 miles from the Michigan-Wisconsin state line, except that a vehicle or combination of vehicles transporting exclusively peeled or unpeeled forest products cut crosswise may operate under such a permit anywhere upon USH 2 in Iron County or Ashland County if the vehicle or combination of vehicles is traveling between this state and Michigan and does not violate length or weight limitations established, as of April 28, 2004, under Michigan law. If the roads desired to be used by the applicants involve streets or highways other than those within the state trunk highway system, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the other highway.
348.27(9)(b)
(b) For a vehicle or combination of vehicles the weight of which exceeds any of the provisions of
s. 348.15 (3), the fee for an annual permit under this subsection shall be one of the following:
348.27(9)(b)2.
2. If the gross weight is more than 90,000 pounds but not more than 100,000 pounds, $175.
348.27(9)(b)3.
3. If the gross weight is greater than 100,000 pounds, $175 plus $50 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds.
348.27(9)(c)
(c) The fee for a consecutive month permit under this subsection for a vehicle or combination of vehicles the weight of which exceeds any of the provisions of
s. 348.15 (3) shall be determined in the manner provided in
s. 348.25 (8) (bm), except that the applicable fee for an annual permit under
par. (b) shall be used in the computation.
348.27 Cross-reference
Cross Reference: See also ch.
Trans 253, Wis. adm. code.
348.27(9m)
(9m) Transportation of raw forest and agricultural products. 348.27(9m)(a)(a) The department may issue annual or consecutive month permits for the transportation of any of the following:
348.27(9m)(a)1.
1. Raw forest products or of fruits or vegetables from field to storage or processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under
s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on highways designated as part of the national system of interstate and defense highways, except on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties.
348.27(9m)(a)2.
2. Bulk potatoes from storage facilities to rail loading facilities in vehicle combinations that exceed the maximum gross weight limitations under
s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision shall be valid only on USH 51 between CTH "V" and CTH "B" in Waushara and Portage counties, and for a distance not to exceed 15 miles from that portion of USH 51 in order to obtain access to USH 51 or to reach fuel, food, maintenance, repair, rest, staging, terminal facilities or points of loading or unloading.
348.27(9m)(a)3.
3. Bulk potatoes from storage facilities to food processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under
s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on highways designated as part of the national system of interstate and defense highways, except to the extent permitted by federal law without any loss or reduction of federal aid or other sanction.
348.27(9m)(b)
(b) A permit issued under
par. (a) does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds.
348.27 Cross-reference
Cross Reference: See also ch.
Trans 259, Wis. adm. code.
348.27(9r)
(9r) Transportation of scrap. The department may issue an annual or consecutive month permit for the transportation of metallic or nonmetallic scrap for the purpose of recycling or processing on a vehicle or combination of vehicles which exceeds statutory weight or length limitations and for the return of the vehicle or combination of vehicles when empty. This subsection does not apply to the transportation of scrap on highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.
348.27 Cross-reference
Cross Reference: See also ch.
Trans 269, Wis. adm. code.
348.27(9t)
(9t) Transportation of potatoes. The department may issue annual or consecutive month permits for the transportation of potatoes intended for use as seed in specially configured vehicle combinations that exceed the maximum gross weight limitations under
s. 348.15 (3) (c) by not more than 10,000 pounds. A permit issued under this subsection does not authorize the operation of any vehicle combination at a maximum gross weight in excess of 90,000 pounds. A permit under this subsection may authorize operation during a spring thaw and shall be valid only on STH 64 between CTH "H" and USH 41 in Langlade, Oconto and Marinette counties; USH 41 between STH 64 and the Wisconsin-Michigan border; and any highway for a distance not to exceed 15 miles from any portion of STH 64 or USH 41 specified in this subsection in order to obtain access to STH 64 or USH 41 or to reach fuel, food, maintenance, repair, rest, staging, terminal facilities or points of loading or unloading. The department shall establish by rule configuration requirements for vehicle combinations under this subsection and such requirements may permit vehicle combinations to exceed the length requirements of
s. 348.07. The department may establish by rule an alternative route for any portion of a highway specified in this subsection.
348.27 Cross-reference
Cross Reference: See also ch.
Trans 258, Wis. adm. code.
348.27(10)
(10) Transportation of grain or coal or iron. The department may issue annual or consecutive month permits for the transportation of loads of grain, as defined in
s. 126.01 (13), coal, iron ore concentrates or alloyed iron on a vehicle or a combination of 2 or more vehicles that exceeds statutory weight or length limitations and for the return of the empty vehicle or combination of vehicles over any class of highway for a distance not to exceed 5 miles from the Wisconsin state line. If the roads desired to be used by the applicant involve streets or highways other than those within the state trunk highway system, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the other highway. This subsection does not apply to highways designated as part of the national system of interstate and defense highways.
348.27(11m)(a)(a) If the secretary of agriculture, trade and consumer protection determines that an agricultural emergency exists, the secretary of transportation may authorize the issuance of permits to allow vehicles that are transporting loads of hay in bales and, from September 15 to December 15 of each year, loads of Christmas trees from the point of harvesting or staging to a Christmas tree yard or point of commercial shipment to exceed the width limitation under
s. 348.05 (1) if the total outside width does not exceed 12 feet. This authorization is limited to the operation of commercial motor vehicles upon routes of the national system of interstate and defense highways.
348.27(11m)(b)
(b) In authorizing the issuance of permits under this subsection, the secretary of transportation shall specify in writing the factors which resulted in the determination to issue permits under this subsection. The factors shall include the effect of the increased width limits on highway safety.
348.27(11m)(c)
(c) Nothing in this subsection shall be construed to permit the department to waive the requirements of
s. 348.07.
348.27(11m)(d)
(d) The secretary of transportation may limit the application of permits issued under this subsection to specific areas of the state or to specific highways. A permit authorized under this subsection takes effect upon the mailing of a complete application and the required fee to the department. A permit authorized under this subsection is valid for up to 90 days, as determined by the secretary of transportation.
348.27(12)
(12) Transportation of garbage or refuse. The department may issue an annual or consecutive month permit for the transportation of garbage, as defined in
s. 289.01 (9), or refuse, in a self-compactor equipped vehicle which exceeds statutory weight and length limitations and for the return of the vehicle when empty. A permit under this subsection may be issued for use on any highway within this state. In this subsection, "refuse" means combustible and noncombustible rubbish, including paper, wood, metal, glass, cloth and products thereof, litter and street rubbish, ashes, and lumber, concrete and other debris resulting from the construction or demolition of structures.
348.27 Cross-reference
Cross Reference: See also ch.
Trans 269, Wis. adm. code.
348.27(13)
(13) Vehicle train permits. The department for the state trunk highways or the officer in charge of maintenance in the case of other highways may issue an annual or consecutive month permit for not more than 3 vehicles being drawn or attached if the vehicles are being transported by the drive-away method in saddle-mount combination. No vehicle train permit issued by a local official for use of a highway outside the corporate limits of a city or village is valid until approved by the department. No permit may be issued for any train exceeding 65 feet in total length.
348.27(14)
(14) Farm machinery permits. The department may issue annual or consecutive month permits for the movement, towing or hauling of farm tractors exceeding 12 feet in width and all other farm machinery and implements of husbandry exceeding 8 feet 6 inches in width not being operated in the course of performance of its work on highways designated as part of the national system of interstate and defense highways. A permit under this subsection is not required for the movement, towing or hauling of any overwidth machinery that is not a commercial motor vehicle and which is authorized by
s. 348.05 (3) on that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.
348.27 History
History: 1973 c. 157,
316;
1973 c. 333 s.
190m;
1973 c. 336;
1975 c. 25,
285;
1977 c. 29 ss.
1488m,
1654 (8) (a);
1977 c. 30 s.
5;
1977 c. 191,
197,
272,
273,
418;
1979 c. 34,
315,
326;
1981 c. 20,
69,
163,
215,
391;
1983 a. 78 ss.
32 to
35,
37;
1983 a. 529;
1985 a. 29 s.
3202 (3);
1985 a. 202,
212;
1987 a. 27;
1989 a. 31,
35,
130,
305;
1991 a. 258;
1993 a. 62,
439;
1995 a. 113,
163,
227,
347,
348;
1997 a. 27,
35,
237;
1999 a. 85;
2001 a. 16;
2003 a. 210,
241.
348.27 Cross-reference
Cross Reference: See also chs.
Trans 230 and
250, Wis. adm. code.
348.27 Annotation
That the department of transportation issues, denies, suspends, and revokes permits under this section, does not deny a sheriff deputy's authority to issue a citation for a violation of this section. County of Milwaukee v. Superior of Wisconsin, 2000 WI App 75,
234 Wis. 2d 218,
610 N.W.2d 484.
348.28
348.28
Permits to be carried. 348.28(2)
(2) Any person violating this section may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd and each subsequent conviction within one year.
348.28 History
History: 1971 c. 278;
1985 a. 202 s.
37.
