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. or
4.,
(b) 3. or
4., or
4m., or
(bm) shall be charged if the vehicle also exceeds length, width or height limitations or any combination thereof.
348.25 Note
NOTE: Par. (d) is shown as affected by by
2011 Wis. Acts 55 and
56 and as merged by the legislative reference bureau under s. 13.92 (2) (i). 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. Corrective legislation is pending.
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.
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;
2009 a. 28,
222;
2011 a. 55,
56,
57,
58,
243; s. 13.92 (1) (bm) 2., (2) (i); s. 35.17 correction in (4) (intro.).
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 under
subs. (2) to
(7) 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. All applications under
sub. (8) shall be made to the department utilizing an electronic process prescribed by the department.
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
subs. (4) and
(8), 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 modular home permits. Single trip permits for the movement of oversize mobile homes, manufactured homes, or modular homes 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 modular home exceeding 80 feet in length. A permit may be issued under this subsection for the movement of more than one modular home section on a carrier if each home section is a component of the same home as evidenced by serial numbers or other distinguishing marks and the overall dimensions of the load will not exceed the size limits specified in the permit. A permit may be issued under this subsection only if at least one portion of the load under this permit would require a permit had it been transported on a separate carrier.
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(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(8)
(8) Permits for the transportation of sealed loads in international trade. 348.26(8)(a)(a) The department may issue single trip permits for the transportation of a sealed load, as defined in
s. 348.27 (17) (a), to applicants eligible for an annual or consecutive month permit under
s. 348.27 (17), subject to the same requirements and limitations for annual and consecutive month permits described in
s. 348.27 (17). A permit under this subsection may be issued only by the department, regardless of the highways to be used.
348.26(8)(b)
(b) A person issued a permit under this subsection shall use the automated routing system specified in
s. 348.25 (11).
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
(15) shall be made upon forms prescribed by the department. All applications under
sub. (16) shall be made utilizing an electronic process prescribed by the department. All applications under
sub. (17) shall be made utilizing an electronic process prescribed by the department. All applications under
sub. (18) shall be made utilizing an electronic process prescribed by the department.
348.27 Note
NOTE: Sub. (1) 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).
348.27(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(4m)
(4m) Permits for the transportation of loads on STH 31 among manufacturing plants, distribution centers, and warehouses. 348.27(4m)(a)(a) Subject to
pars. (b) and
(c), the department may issue annual or consecutive month permits for the transportation of loads 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 paragraph. A permit issued under this subsection does not authorize the operation of any vehicle combination at a maximum gross weight in excess of 98,000 pounds.
348.27(4m)(b)
(b) A permit under this subsection is valid only for the transportation of loads between or among any of the following:
348.27(4m)(c)1.1. Except as provided in
subds. 2. and
3., and subject to
par. (d), a permit under this subsection is valid only on STH 31 and on local highways designated in the permit that provide access to STH 31.
348.27(4m)(c)2.
2. A permit under this subsection is not valid on any interstate highway designated under
s. 84.29 (2) or on any highway or bridge with a posted weight limitation that is less than the vehicle combination's gross weight.
348.27(4m)(c)3.
3. Except as provided in
subd. 2., if any portion of STH 31 in Kenosha County or Racine County is closed, a permit under this subsection is valid on any highway providing a detour around this closed portion of STH 31.
348.27(4m)(d)
(d) If the routes desired to be used by the applicant involve highways under the jurisdiction of local authorities, the department shall, prior to issuing the permit, submit the permit application to the officers in charge of maintenance of the local highways to be used, for their approval. The department may issue the permit, notwithstanding the objections of these officers, if, after consulting with these officers, the department determines that their objections lack merit.
348.27(7)
(7) Mobile home, manufactured home, and modular home permits. The department may issue annual or consecutive month statewide permits to licensed mobile home, manufactured home, or modular home transport companies and to licensed mobile home, manufactured home, or modular home manufacturers and dealers authorizing them to transport oversize mobile homes, manufactured homes, or modular homes over any of the highways of the state in the ordinary course of their business.
348.27(9)
(9) Transportation of loads near the Michigan-Wisconsin state line. 348.27(9)(a)1.1. 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, that authorize all of the following:
348.27(9)(a)1.a.
a. The transportation of loads over any class of highway for a distance not to exceed 11 miles from the Michigan-Wisconsin state line.
348.27(9)(a)1.b.
b. The transportation of exclusively peeled or unpeeled forest products cut crosswise, wood chips, or forestry biomass anywhere upon USH 2 in Iron County or Ashland County or upon USH 2 in Bayfield County from the Ashland County line through Hart Lake Road 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.
348.27(9)(a)1.c.
c. The transportation of exclusively peeled or unpeeled forest products cut crosswise, wood chips, or forestry biomass upon USH 2 from STH 13 in the city of Ashland through Hart Lake Road in Bayfield County.
348.27(9)(a)2.
2. If the roads desired to be used by an applicant for a permit under this paragraph 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. 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. Notwithstanding
s. 348.25 (3), a permit issued under
par. (a) 4. may not be suspended by the department, or contain any condition or limitation imposed by the department, in connection with the thawing of frozen highways that are not state trunk highways or connecting highways, except that the operation of the vehicle combination is subject to posted weight limitations on these local 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.
