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(12m)
(12m) Permits for vehicles transporting certain buildings. 348.27(12m)(a)1.a.a. "Building" means a dwelling or other structure or portion of a dwelling or other structure that, when measured as provided in
subd. 1. b., is more than 12 feet wide, more than 14 feet 3 inches in height, or more than 100 feet long; that is transportable as a whole or in sections; and that is raised and supported from an existing foundation to be moved and placed on a permanent foundation at a new location where the dwelling or other structure is to be delivered. "Building" does not include a modular housing unit, a manufactured building as defined in
s. 101.71 (6), or a manufactured home as defined in
s. 101.91 (2).
348.27(12m)(a)1.b.
b. For purposes of
subd. 1. a., width shall be measured from the farthest extremity of the vehicle and load on each side, height shall be measured from the ground to the highest point of the vehicle and load, and length shall be measured from the rearmost point of the vehicle and load to the frontmost point of the vehicle.
348.27(12m)(b)
(b) The department may issue annual or consecutive month permits for vehicles transporting buildings on the highways. A permit under this subsection may be issued only by the department, regardless of the highways to be used.
348.27(12m)(c)
(c) The department may not issue a permit under this subsection unless the department determines that all of the following requirements are met:
348.27(12m)(c)1.
1. The applicant identifies each potential operator of a vehicle under the permit and provides proof that each such operator holds a valid commercial driver license, with any endorsement required under
ch. 343 for operation of the class and type of vehicle to be used to transport a building under the permit.
348.27(12m)(c)2.
2. The applicant provides proof of a valid motor carrier certificate or license of authority issued under
ch. 194 or under federal law applicable for each vehicle to be used to transport a building under the permit.
348.27(12m)(c)3.
3. The applicant provides proof, by a certificate of insurance filed with the department, that the applicant, in addition to satisfying the insurance requirements described in
s. 346.924 (2), maintains a policy of comprehensive general liability insurance, issued by an insurer authorized to transact business in this state, that provides bodily injury liability coverage and property damage liability coverage, including for underground property damage, with a total limit of not less than $500,000 for each occurrence.
348.27(12m)(d)
(d) The department may deny any application for a permit under this subsection if the department finds any of the following:
348.27(12m)(d)1.
1. That the applicant, or any potential operator identified in
par. (c) 1., has been convicted, within 3 years immediately preceding the date of application, of a violation of
s. 346.924.
348.27(12m)(d)2.
2. That the applicant, or any potential operator identified in
par. (c) 1., has engaged in conduct endangering the safety of persons using the highways.
348.27(12m)(d)3.
3. That the applicant has failed to provide reimbursement for damage, which is not paid for by the applicant's insurer, to a highway caused while transporting a building under a permit under this subsection.
348.27(12m)(d)4.
4. That the applicant, or any potential operator identified in
par. (c) 1., has abandoned a building on a highway or on public or private property without permission of the property owner.
348.27(12m)(e)
(e) 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.
348.27(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;
2005 a. 119,
167,
250.
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,
98-2851.
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.
