348.175 Annotation
The phrase "peeled or unpeeled forest products cut crosswise" does not encompass wood chips. The phrase instead invokes images of logs, posts, poles, or similar pieces of timber, with or without bark, and cut to length. State v. T. P. Trucking,
2006 WI App 98,
293 Wis. 2d 273,
715 N.W.2d 736,
05-2496.
348.18
348.18
Weight limitations apply to publicly-owned vehicles; exceptions. Sections 348.15 to
348.17 and the penalties for violations thereof also apply to vehicles owned by the state, a county or municipality, except when such vehicles are being used for the removal, treatment or sanding of snow or ice or when such vehicles are authorized emergency vehicles.
348.19
348.19
Traffic officers may weigh vehicles and require removal of excess load. 348.19(1)(a)
(a) Any traffic officer having reason to believe that the gross weight of a vehicle is unlawful or in excess of the gross weight for which the vehicle is registered may require the operator of such vehicle to stop and submit the vehicle and any load it may be carrying to a weighing by means of either portable or certified stationary scales and may require that such vehicle be driven to the nearest usable portable or certified stationary scale except as provided in
par. (b).
348.19(1)(b)
(b) Any other provision of the statutes notwithstanding, a vehicle transporting peeled or unpeeled forest products cut crosswise shall not be required to proceed to a scale more than one mile from the point of apprehension if the estimated gross weight of the vehicle does not exceed the lawful limit. The gross weight of the vehicle shall be estimated by multiplying the average length of the load by the average height of the load in feet and then multiplying by the average weight per square foot of load measurement and adding this computed weight to the empty weight of the vehicle. The average weights per square foot of load measurement to be used in computing the estimated load weight are given in the following table: [See Figure 348.19 (1) (b) following]
-
See PDF for table 
348.19(2)(a)(a) Except as provided in
par. (b), whenever after a weighing of a vehicle and load as provided in
sub. (1) a traffic officer determines that the weight exceeds the limitations imposed by
s. 348.15,
348.16, or
348.17 (3),
(5), or
(6) or any limitations posted as provided in
s. 348.17 (1), the operator of such vehicle shall not proceed, except to drive to such place as directed by the traffic officer for the purpose of reloading or unloading, until such portion of the load has been reloaded or unloaded as may be necessary to reduce the weight of the vehicle and load to comply with the limitations imposed by
s. 348.15,
348.16, or
348.17 (3),
(5), or
(6) and any limitations posted as provided in
s. 348.17 (1). All material so reloaded or unloaded shall be reloaded or unloaded and cared for by and at the risk of the owner or operator of the vehicle.
348.19(2)(b)
(b) If upon weighing a vehicle transporting livestock a traffic officer determines that the gross weight of the vehicle exceeds the limitations imposed by
s. 348.15,
348.16 or
348.17 (3) or a limitation posted as provided in
s. 348.17 (1), and if the point of apprehension is 15 miles or less from the destination of the vehicle, the traffic officer shall permit the operator of the vehicle to proceed to such destination without requiring the vehicle to be reloaded or unloaded as provided in
par. (a). This paragraph does not apply to vehicles transporting livestock on the national system of interstate and defense highways, except for that portion of I 39 between USH 51 and I 90/94.
348.19(3)
(3) No operator of a vehicle shall fail or refuse to stop and submit the vehicle and load to a weighing or to drive the vehicle to a scale when directed to do so by a traffic officer except that a dual purpose motor home is not required to stop at weighing stations when it is being used as a motor home. No operator of a vehicle shall fail or refuse after a weighing to reload or unload as provided in this section or to comply with the directions of a traffic officer relative to such reloading or unloading.
348.19(4)
(4) Subsection (1) (b) shall not apply to vehicles transporting peeled or unpeeled forest products on the national, interstate or defense highway systems, 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.
348.195
348.195
Weight records of raw forest products purchasers. 348.195(1)(1) Any purchaser of raw forest products transported by a vehicle or vehicle combination subject to the requirements of this subchapter that generates a weight scale record identifying the gross weight of the vehicle or vehicle combination or the weight of the load transported by the vehicle or vehicle combination shall retain the weight scale record for not less than 30 days from the date that the weight scale record is generated.
348.195(2)
(2) Upon demand by any traffic officer in this state within the 30-day period specified in
sub. (1), any person required to retain records under
sub. (1) shall promptly provide such records to the requesting officer.
348.195(3)
(3) For purposes of this section, a true, accurate, and legible copy of any weight scale record may be substituted for, and shall be given the effect of, an original.
348.195(4)
(4) Any person required to retain records under
sub. (1) or to produce records under
sub. (2) who fails to retain or produce such records shall forfeit $1,000. Each violation constitutes a separate offense.
348.195(5)
(5) In any prosecution of a person for transporting raw forest products in violation of the requirements of this subchapter, the records required to be retained under
sub. (1) and produced under
sub. (2) may be relevant evidence under
s. 904.01 and admissible under
s. 904.06.
348.195 History
History: 2005 a. 167.
348.20
348.20
Policy in prosecuting weight violations. 348.20(1)
(1) It is declared to be the public policy of the state that prosecutions for overweight violations shall in every instance where practicable be instituted against the person holding the authority, certificates, licenses or permits evidencing operating privileges from the department which may be the proper object of cancellation or revocation proceedings. In instances where a combination of tractor and trailer or semitrailer is used, the person standing in the relationship of principal or employer to the driver of the tractor portion of the vehicle combination is liable for violation of
ss. 348.15 to
348.17 along with the owner holding authority, certificates, licenses or permits from the state. It is a violation of
ss. 348.15 to
348.17 for the owner or any other person employing or otherwise directing the operator of the vehicle to require or permit the operation of such vehicle upon a highway contrary to
ss. 348.15 to
348.17. This section shall not apply to individuals, partnerships, limited liability companies or corporations whose principal business is leasing, for compensation, vehicles including trailers and semitrailers, but such prosecutions shall be instituted against the lessee of the vehicle.
348.20(2)
(2) The operator of a vehicle, as agent of the person holding authority, certificate, license or permit from the state or as agent of the owner of the tractor portion of a vehicle combination of tractor and trailer or semitrailer, shall accept service of a summons on behalf of such person or owner.
348.21
348.21
Penalty for violating weight limitations. 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, or prescribed in an overweight permit issued under
s. 348.27 (9m) (a) 4. with respect to a vehicle combination being operated under such a permit, 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 paragraph. If reloading is accomplished and all axles or group of axles are within the legal limits, including the limits of the permit for a vehicle combination operated under a permit issued under
s. 348.27 (9m) (a) 4., no forfeiture may be imposed. A vehicle or combination of vehicles under this paragraph that 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 paragraph 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),
(5), or
(6) 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:
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 (2) to
(7) 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 shall prescribe an electronic application process for permits the granting of which is authorized by
ss. 348.26 (8) and
348.27 (17). The department shall prescribe an electronic application process for permits the granting of which is authorized by
s. 348.27 (16). The department shall prescribe an electronic application process for permits the granting of which is authorized by
s. 348.27 (18). 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 Note
NOTE: Sub. (3) is shown as affected by
2011 Wis. Acts 55,
56, and
58 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
348.25(4)
(4) Except as provided under
s. 348.26 (4),
(6), or
(7) or
348.27 (3),
(3m),
(4m),
(9),
(9m),
(9r),
(9t),
(10),
(12),
(15),
(16), or
(18), 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) Subject to
s. 348.27 (9m) (d), 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. Except as provided in
subd. 4., 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. Except as provided in
subd. 4. [and]
subd. 4m. or a vehicle or combination of vehicles, the weight of which exceeds any of the provisions of
s. 348.15 (3):
348.25 Note
NOTE: The cross-reference to subd. 4m. was changed from subd. 4. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 348.25 (8) (b) 4., as created by
2011 Wis. Act 56. A necessary word is shown in brackets. Corrective legislation is pending.
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.
