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)(a)4.
4. Raw forest products in vehicle combinations that exceed the maximum gross weight limitations under
s. 348.15 (3) (c) by not more than 18,000 pounds if the vehicle combination has 6 or more axles and the gross weight imposed on the highway by the wheels of any one axle of the vehicle combination does not exceed 18,000 pounds, except that the gross weight imposed on the highway by the wheels of any steering axle on the power unit may not exceed the greater of 13,000 pounds or the manufacturer's rated capacity, but not to exceed 18,000 pounds. Notwithstanding
s. 348.15 (8), any axle of a vehicle combination that does not impose on the highway at least 8 percent of the gross weight of the vehicle combination may not be counted as an axle for the purposes of this subdivision. Subject to
par. (c), a permit under this subdivision is not valid on any interstate highway designated under
s. 84.29 (2), any highway or bridge with a posted weight limitation that is less than the vehicle combination's gross weight, and any part of the state trunk highway system that the department has designated by rule as a route on which a permit issued under this subsection is not valid.
348.27(9m)(b)
(b) A permit issued under
par. (a) 1. to
3. does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds. A permit issued under
par. (a) 4. does not authorize the operation of any vehicle combination at a maximum gross weight in excess of 98,000 pounds.
348.27(9m)(c)
(c) A permit issued under
par. (a) 4. shall expressly authorize the vehicle combination to exceed, on state trunk highways and connecting highways, any special weight limitation imposed under
ss. 348.17 (1) and
349.16 (1) (a) and
(2) in connection with the thawing of frozen highways and to be operated at the full weight allowable under
par. (a) on state trunk highways and connecting highways.
348.27(9m)(d)1.1. The department shall suspend a permit issued under
par. (a) 4. if the person operating under the permit does any of the following:
348.27(9m)(d)1.a.
a. Violates any weight limitation specified in the permit more than 2 times during the valid period of the permit.
348.27(9m)(d)1.b.
b. Violates any weight limitation specified in the permit by exceeding the weight limitation by 10,000 or more pounds.
348.27(9m)(d)2.
2. The suspension under
subd. 1. shall be for a period of 6 months. If the remaining valid period of the permit at the time of the suspension is less than 6 months, the person may not apply for, or operate under, any other permit issued under
par. (a) 4. for a period of 6 months from the suspension.
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(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(15)(a)(a) The department shall issue to qualifying applicants multiple trip permits for the transportation of granular roofing material 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 issued under this subsection does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds. A permit under this subsection may be issued only by the department, regardless of the highways to be used. A permit under this subsection is not valid on highways designated as part of the national system of interstate and defense highways except that a permit may be issued that is valid on not more than 2.5 miles of any state trunk highway if such issuance of the permit is consistent with federal law.
348.27(15)(b)1.1. An application for a permit under this subsection shall include all of the following information:
348.27(15)(b)1.a.
a. The motor carrier on behalf of which the load is to be transported.
348.27(15)(b)1.b.
b. The location from which the transportation of the load is to originate and the load's destination, along with the designated route over which the load will be transported.
348.27(15)(b)2.
2. A permit issued under this subsection shall include as conditions of the permit the information specified in
subd. 1. a. and
b.
348.27(15)(c)
(c) If the designated route under
par. (b) 1. b. includes streets or highways other than those within the state trunk highway system, no permit may be issued under this subsection unless the governing body of each municipality or county having jurisdiction over such streets or highways adopts a resolution approving the transportation of the load over that portion of the designated route that is on streets or highways under the jurisdiction of the municipality or county. An applicant for a permit under this subsection shall include a copy of each such resolution with the permit application.
348.27(15)(d)
(d) The department shall promulgate rules to implement and administer this subsection.
348.27(15)(e)
(e) No permit may be issued under this subsection after August 1, 2011.
348.27 Cross-reference
Cross-reference: See also ch.
Trans 263, Wis. adm. code.
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;
2007 a. 11,
16,
171;
2009 a. 28,
222,
229.
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.
