348.21(2)(a)(a) Any person who violates
s. 348.17 (2) or
348.19 (3) may be required to forfeit not less than $50 nor more than $100 upon the first conviction and, upon the 2nd or each subsequent conviction within a 12-month period, may be required to forfeit not less than $100 nor more than $200.
348.21(2)(b)
(b) If the load on any wheel, axle or group of axles does not exceed the weight prescribed in
s. 348.15 (3) or
348.16 or in a declaration issued under
s. 348.175 by more than 2,000 pounds and if such excess can be reloaded within the normal load carrying areas, on any other wheel, axle or axles, so that all wheels and axles are then within the statutory limits, the operator may reload as provided in this paragraph. A total of 2,000 pounds per vehicle or combination of vehicles may be reloaded under this subsection. If reloading is accomplished and all axles or group of axles are within the legal limits, no forfeiture may be imposed. A vehicle or combination of vehicles under this subsection which is not reloaded may continue to be operated upon the highway, but a forfeiture of $50 shall be imposed for failure to reload. This forfeiture shall be paid upon the basis of the citation issued by the official to the court named in the citation. Failure to pay shall subject the operator to the penalty in
par. (a) or
sub. (3) (a) or
(3g). Violations under this subsection shall not be considered as violations or prior convictions under
par. (a) or
sub. (3) to
(3r).
348.21(3)(a)
(a) If the weight exceeds by 1,000 pounds or less the maximum set forth in
s. 348.15 (3) or
348.16 or posted as provided in
s. 348.17 (1) or in a declaration issued under
s. 348.175 or authorized under
s. 348.17 (3) or
(5) or in an overweight permit issued under
s. 348.26 or
348.27, a forfeiture of not less than $50 nor more than $100 upon the first conviction and, upon the 2nd and each subsequent conviction within a 12-month period, a forfeiture of not less than $100 nor more than $200.
348.21(3)(b)1.
1. For the first conviction, a forfeiture of not less than $50 nor more than $200 plus an amount equal to whichever of the following applies:
348.21(3)(b)1.a.
a. One cent for each pound of total excess load when the total excess is not over 2,000 pounds.
348.21(3)(b)1.b.
b. Two cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds.
348.21(3)(b)1.c.
c. Three cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds.
348.21(3)(b)1.d.
d. Five cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds.
348.21(3)(b)1.e.
e. Seven cents for each pound of total excess load if the excess is over 5,000 pounds.
348.21(3)(b)2.
2. For the 2nd and each subsequent conviction within a 12-month period, a forfeiture of not less than $100 nor more than $300, plus an amount equal to whichever of the following applies:
348.21(3)(b)2.a.
a. Two cents for each pound of total excess load when the total excess is not over 2,000 pounds.
348.21(3)(b)2.b.
b. Four cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds.
348.21(3)(b)2.c.
c. Six cents for each pound of total excess load if the excess is over 3,000 and not over 4,000 pounds.
348.21(3)(b)2.d.
d. Eight cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds.
348.21(3)(b)2.e.
e. Ten cents for each pound of total excess load if the excess is over 5,000 pounds.
348.21(3g)
(3g) Any person who, while operating a vehicle combination that is transporting raw forest products, violates
s. 348.15 or
348.16 or any weight limitation posted as provided in
s. 348.17 (1) or in a declaration issued under
s. 348.175 or authorized in an overweight permit issued under
s. 348.26 or
348.27 may be penalized as follows:
Effective date note
NOTE: Sub. (3g) (intro.) is shown as affected by 2 acts of the 2007 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i). Sub. (3g) (intro.) is repealed and recreated eff. 1-1-11 by
2007 Wis. Act 20 to read:
Effective date text
(3g) Any person who, while operating a vehicle combination that is transporting raw forest products, violates s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or authorized in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:
348.21(3g)(a)
(a) For a first conviction or a 2nd conviction within a 12-month period, a forfeiture of not less than $150 nor more than $250 plus an amount equal to whichever of the following applies:
348.21(3g)(a)1.
1. Six cents for each pound of total excess load when the total excess is less than 2,000 pounds.
348.21(3g)(a)2.
2. Eight cents for each pound of total excess load if the excess is 2,000 pounds or more and not over 3,000 pounds.
348.21(3g)(a)3.
3. Nine cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds.
348.21(3g)(a)4.
4. Ten cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds.
348.21(3g)(a)5.
5. Eleven cents for each pound of total excess load if the excess is over 5,000 pounds.
348.21(3g)(b)
(b) For the 3rd and each subsequent conviction within a 12-month period, a forfeiture of not less than $500 nor more than $550, plus an amount equal to whichever of the following applies:
348.21(3g)(b)1.
1. Twenty cents for each pound of total excess load when the total excess is 3,000 pounds or less.
348.21(3g)(b)2.
2. Twenty-one cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds.
348.21(3g)(b)3.
3. Twenty-two cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds.
348.21(3g)(b)4.
4. Twenty-three cents for each pound of total excess load if the excess is over 5,000 pounds.
348.21(3r)
(3r) In determining the number of prior convictions for purposes of
subs. (3) and
(3g), the court shall include convictions under both subsections.
348.21(4)
(4) For the purpose of determining a repetitious violator, receipt of a certificate of conviction by the department is prima facie evidence of conviction. In determining whether a 2nd or subsequent conviction has occurred within a given 12-month period, either the original judgment of conviction in a circuit court or a municipal court or the affirmance of the judgment by an appellate court, if the judgment has been affirmed, may be counted. This method of counting is authorized to effectively reach the repetitious violator and to prevent misuse of the right of appeal for the purpose of forestalling imposition of the penalties provided by this section. Forfeiture of deposit or payment of a forfeiture is a conviction within the meaning of this section.
348.21 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).
348.22
348.22
Courts to report weight violation convictions. Whenever any owner or operator is convicted of violating
ss. 348.15 to
348.17 or any local ordinance in conformity with
ss. 348.15 to
348.17 or any ordinance enacted under
s. 349.15 (3), the clerk of the court in which the conviction occurred, or the judge or municipal judge, if the court has no clerk, shall, within 48 hours after the conviction, forward a record of conviction to the department. Forfeiture of bail or appearance money or payment of a fine is a conviction within the meaning of this section.
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
(15). 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),
(13), or
(15) 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;
2007 a. 171.
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.
