PERMITS
348.25
348.25
General provisions relating to permits for vehicles and loads of excessive size and weight. 348.25(1)
(1) No person shall operate a vehicle on or transport an article over a highway without first obtaining a permit therefor as provided in
s. 348.26 or
348.27 if such vehicle or article exceeds the maximum limitations on size, weight or projection of load imposed by this chapter.
348.25(2)(a)(a) Vehicles or articles transported under permit are exempt from the restrictions and limitations imposed by this chapter on size, weight and load to the extent stated in the permit. Except as provided in
par. (b), any person who violates a condition of a permit under which that person is operating is subject to the same penalties as would be applicable if that person were operating without a permit.
348.25(2)(b)
(b) If an overweight permit has been obtained under
s. 348.26 or
348.27, and the vehicle exceeds the weight stated in the permit, any overweight violation shall be computed on the basis of the weight authorized in the permit. The amount of the forfeiture for overweight violations determined under this paragraph shall be calculated as provided in
s. 348.21 (3) to
(3r). This paragraph does not apply if any other conditions of an overweight permit are violated.
348.25(3)
(3) The department shall prescribe forms for applications for all single trip permits the granting of which is authorized by
s. 348.26 and for those annual, consecutive month or multiple trip permits the granting of which is authorized by
s. 348.27 (2) and
(4) to
(14). The department may impose such reasonable conditions prerequisite to the granting of any permit authorized by
s. 348.26 or
348.27 and adopt such reasonable rules for the operation of a permittee thereunder as it deems necessary for the safety of travel and protection of the highways. The department may limit use of the highways under any permit issued to specified hours of the day or days of the week. Local officials granting permits may impose such additional reasonable conditions as they deem necessary in view of local conditions.
348.25(4)
(4) Except as provided under
s. 348.26 (5),
(6), or
(7) or
348.27 (3m),
(9),
(9m),
(9r),
(9t),
(10),
(12), or
(13), permits shall be issued only for the transporting of a single article or vehicle which exceeds statutory size, weight or load limitations and which cannot reasonably be divided or reduced to comply with statutory size, weight or load limitations, except that:
348.25(4)(a)
(a) A permit may be issued for the transportation of property consisting of more than one article, some or all of which exceeds statutory size limitations, provided statutory gross weight limitations are not thereby exceeded and provided the additional articles transported do not cause the vehicle and load to exceed statutory size limitations in any way in which such limitations would not be exceeded by the single article.
348.25(4)(b)
(b) A single trip permit may be issued for the transportation of a load of implements of husbandry, consisting of not more than 2 articles, when the load does not exceed the length requirement in
s. 348.07 by more than 5 feet.
348.25(5)
(5) The officer or agency authorized by
s. 348.26 or
348.27 to issue permits may require the permittee to file a bond, certificate of insurance or certified check which, to the satisfaction of such officer or agency, saves the state and any county, city, village or town through which the vehicle or article will be operated or transported harmless from any claim, loss or damage that may result from the granting of such permit or that may arise from or on account of any act done pursuant thereto and conditioned to require the permittee to pay for restoration to a condition satisfactory to the officer in charge of the maintenance of any such highway any pavement, bridge, culvert, sewer pipe or other improvement that may be injured by reason of the use of the highways by the permittee. If a permittee refuses to pay for damage caused, the officer or agency who required the filing of a bond may maintain an action upon such bond.
348.25(6)
(6) The officer or agency authorized by
s. 348.26 or
348.27 to issue permits may require the permittee to file proof satisfactory to such officer or agency that personal injury and property damage insurance in an amount considered sufficient by such officer or agency will be in force to cover any claim for bodily injury or property damage which may occur in connection with operation under the permit and for which the permittee is legally responsible.
348.25(7)
(7) The officer or agency which issued a permit may, for good cause, suspend or revoke such permit or may decline to issue additional permits or may decline to authorize the use of a telephone call-in procedure for any applicant after having given the permittee or applicant reasonable opportunity for a hearing.
348.25(8)(a)(a) Except as provided under
par. (dm), the department shall charge the following fees for each permit issued under
s. 348.26:
348.25(8)(a)1.
1. For a vehicle or combination of vehicles which exceeds length limitations, $15, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2005, the fee is $17.
348.25(8)(a)2.
2. For a vehicle or combination of vehicles which exceeds either width limitations or height limitations, $20, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2005, the fee is $22.
348.25(8)(a)2m.
2m. For a vehicle or combination of vehicles which exceeds both width and height limitations, $25, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2005, the fee is $28.
348.25(8)(a)3.
3. For a vehicle or combination of vehicles, the weight of which exceeds any of the provisions of
s. 348.15 (3), 10% of the fee specified in
par. (b) 3. for an annual permit for the comparable gross weight, rounded to the nearest whole dollar.
348.25(8)(b)
(b) Unless a different fee is specifically provided, the department shall charge the following fees for the first permit and each subsequent or revalidated annual or multiple trip permit issued under
s. 348.27 except that no fee may be charged for the amendment of a permit under
s. 348.27 (3m):
348.25(8)(b)1.
1. For a vehicle or combination of vehicles which exceeds length limitations, $60, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2005, the fee is $66.
348.25(8)(b)2.
2. For a vehicle or combination of vehicles which exceeds width limitations or height limitations or both, $90, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2005, the fee is $99.
348.25(8)(b)3.
3. For a vehicle or combination of vehicles, the weight of which exceeds any of the provisions of
s. 348.15 (3):
348.25(8)(b)3.a.
a. If the gross weight is 90,000 pounds or less, $200, except that if the application for a permit for a vehicle described in this
subd. 3. a. is submitted to the department after December 31, 1999, and before July 1, 2005, the fee is $220.
348.25(8)(b)3.b.
b. If the gross weight is more than 90,000 pounds but not more than 100,000 pounds, $350, except that if the application for a permit for a vehicle described in this
subd. 3. b. is submitted to the department after December 31, 1999, and before July 1, 2005, the fee is $385.
348.25(8)(b)3.c.
c. If the gross weight is greater than 100,000 pounds, $350 plus $100 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds, except that if the application for a permit for a vehicle described in this
subd. 3. c. is submitted to the department after December 31, 1999, and before July 1, 2005, the fee is $385 plus $110 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds.
348.25(8)(bm)1.1. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under
par. (b) for an annual permit times the number of months for which the permit is desired, plus $15 for each permit issued. This subdivision does not apply to applications for permits submitted after December 31, 1999, and before July 1, 2005.
348.25(8)(bm)2.
2. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under
par. (b) for an annual permit times the number of months for which the permit is desired, plus $16.50 for each permit issued, rounded to the nearest whole dollar. This subdivision does not apply to applications submitted before January 1, 2000, or submitted after June 30, 2005.
348.25(8)(c)
(c) For the purpose of computing the fees under this subsection, if the vehicle or combination of vehicles exceeds width limitations or height limitations or both, no fee in addition to the fee under
par. (a) 2. or
2m.,
(b) 2. or
(bm) shall be charged if the vehicle or combination of vehicles also exceeds length limitations.
348.25(8)(d)
(d) For the purpose of computing the fees under this subsection, if the vehicle or combination of vehicles exceeds weight limitations, no fee in addition to the fee under
par. (a) 3.,
(b) 3. or
(bm) shall be charged if the vehicle also exceeds length, width or height limitations or any combination thereof.
348.25(8)(de)
(de) For the purpose of computing the fee under
par. (a) for the issuance of a single trip permit for a vehicle or combination of vehicles for which an annual permit has been obtained under
s. 348.27:
348.25(8)(de)1.
1. For size or weight authorized by the annual permit, the fee for a single trip permit is $5.
348.25(8)(de)2.
2. For gross weight in excess of that authorized by the annual permit, the fee is $15 for each 10,000-pound increment or fraction thereof by which the gross weight authorized by the single trip permit exceeds the gross weight authorized by the annual permit.
348.25(8)(dm)
(dm) If the annual permit for a vehicle or combination of vehicles is suspended for the purpose of protecting the highways and a single trip permit is issued for the vehicle or combination of vehicles, the fee for the single trip permit is $5.
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;
2005 a. 167.
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, manufactured home, and manufactured building permits. Single trip permits for the movement of oversize mobile homes, manufactured homes as defined in
s. 101.91 (2) (am), or manufactured buildings as defined in
s. 101.71 (6) 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. No permit may be issued under this subsection for operation of a vehicle combination exceeding 110 feet in overall length or for movement of a mobile home, manufactured home, or manufactured building exceeding 80 feet in length.
348.26 Cross-reference
Cross Reference: See also ch.
Trans 260, Wis. adm. code.
348.26(4m)
(4m) Permits for vehicles transporting certain buildings. 348.26(4m)(b)
(b) The requirements for issuance of a permit under
s. 348.27 (12m) (c) shall also apply to issuance of a permit under
sub. (2) for a vehicle transporting a building on the highways, and the department and those local officials who are authorized to issue permits under
sub. (2) may not issue a permit under
sub. (2) for a vehicle transporting a building unless these requirements are satisfied. The department and those local officials who are authorized to issue permits under
sub. (2) may deny a permit under
sub. (2) for a vehicle transporting a building if the department or local official finds that any of the circumstances specified in
s. 348.27 (12m) (d) applies. The provisions of this subsection apply in addition to any other requirement imposed under this chapter,
chs. 194,
343,
346, and
347, and federal law.
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 or, if the 2nd vehicle in the 3-vehicle combination is equipped with brakes adequate to control the movement of and to stop and hold it, does not exceed 65 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.
