ARG:bjk:md
2009 - 2010 LEGISLATURE
February 26, 2010 - Introduced by Senators Holperin, Jauch, Hansen, Taylor and
Cowles, cosponsored by Representatives Clark, Friske, Sherman, Soletski,
Mursau, Bies
and Townsend. Referred to Committee on Transportation,
Tourism, Forestry, and Natural Resources.
SB562,1,3 1An Act to amend 348.21 (2) (b) and 348.27 (9m) (a) 4.; and to create 348.27 (9m)
2(c) of the statutes; relating to: weight limitations for vehicles transporting raw
3forest products.
Analysis by the Legislative Reference Bureau
Under current law, with limited exceptions, no person may operate upon a
highway any vehicle or combination of vehicles that exceeds certain statutory weight
limits unless the person obtains a permit issued by the Department of
Transportation (DOT) or a local highway authority. DOT may issue annual or
consecutive month permits for the transportation of raw forest products in vehicle
combinations having a gross weight not exceeding 98,000 pounds if the vehicle
combination has six or more axles and meets other criteria (RS permit). A vehicle
combination operated under an RS permit is subject to certain operating restrictions,
including that it cannot be operated on an interstate highway. "Raw forest products"
includes logs, poles, cordwood, wood chips, sawdust, and pulpwood.
Also under current law, DOT or a local highway authority may impose special
weight limits on highways that, because of weakness of the roadbed due to
deterioration or climatic conditions or other special or temporary conditions, would
likely be seriously damaged or destroyed in the absence of the special limits. If
special weight limits are imposed, the limits must be posted by highway signs along
the affected highways. The special weight limits apply regardless of whether a
vehicle is being operated under an overweight permit unless the permit expressly
authorizes the special weight limits to be exceeded.

Under this bill, each RS permit must expressly authorize the vehicle
combination to exceed any special weight limits imposed in connection with the
thawing of frozen highways and to be operated at the full allowable weight of up to
98,000 pounds.
Under current law, if a vehicle's per-axle weight is over limits prescribed by law
by not more than 2,000 pounds and the vehicle's load can be reloaded within the
normal load carrying areas to eliminate the excess per-axle weight, the operator may
reload up to 2,000 pounds and no forfeiture may be imposed. In lieu of reloading the
vehicle, the operator may choose to continue operating the vehicle above the per-axle
weight limit and pay a forfeiture of $50 for failure to reload the vehicle.
This bill affords the same opportunity to reload up to 2,000 pounds, or pay a
forfeiture of $50 for failure to reload, for a vehicle combination being operated under
an RS permit if the vehicle combination exceeds, by not more than 2,000 pounds, any
per-axle weight limit specified in the RS permit.
Because this bill concerns an exception to the vehicle weight limits specified in
ch. 348, stats., the Department of Transportation, as required by law, will prepare
a report to be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB562, s. 1 1Section 1. 348.21 (2) (b) of the statutes is amended to read:
SB562,3,72 348.21 (2) (b) If the load on any wheel, axle, or group of axles does not exceed
3the weight prescribed in s. 348.15 (3) or 348.16 or in a declaration issued under s.
4348.175, or prescribed in an overweight permit issued under s. 348.27 (9m) (a) 4. with
5respect to a vehicle combination being operated under such a permit,
by more than
62,000 pounds and if such excess can be reloaded within the normal load carrying
7areas, on any other wheel, axle, or axles, so that all wheels and axles are then within
8the statutory limits, the operator may reload as provided in this paragraph. A total
9of 2,000 pounds per vehicle or combination of vehicles may be reloaded under this
10subsection paragraph. If reloading is accomplished and all axles or group of axles
11are within the legal limits, including the limits of the permit for a vehicle
12combination operated under a permit issued under s. 348.27 (9m) (a) 4.,
no forfeiture

1may be imposed. A vehicle or combination of vehicles under this subsection which
2paragraph that is not reloaded may continue to be operated upon the highway, but
3a forfeiture of $50 shall be imposed for failure to reload. This forfeiture shall be paid
4upon the basis of the citation issued by the official to the court named in the citation.
5Failure to pay shall subject the operator to the penalty in par. (a) or sub. (3) (a) or (3g).
6Violations under this subsection paragraph shall not be considered as violations or
7prior convictions under par. (a) or sub. (3) to (3r).
SB562, s. 2 8Section 2. 348.27 (9m) (a) 4. of the statutes is amended to read:
SB562,3,239 348.27 (9m) (a) 4. Raw forest products in vehicle combinations that exceed the
10maximum gross weight limitations under s. 348.15 (3) (c) by not more than 18,000
11pounds if the vehicle combination has 6 or more axles and the gross weight imposed
12on the highway by the wheels of any one axle of the vehicle combination does not
13exceed 18,000 pounds, except that the gross weight imposed on the highway by the
14wheels of any steering axle on the power unit may not exceed the greater of 13,000
15pounds or the manufacturer's rated capacity, but not to exceed 18,000 pounds.
16Notwithstanding s. 348.15 (8), any axle of a vehicle combination that does not impose
17on the highway at least 8 percent of the gross weight of the vehicle combination may
18not be counted as an axle for the purposes of this subdivision. A Subject to par. (c),
19a
permit under this subdivision is not valid on any interstate highway designated
20under s. 84.29 (2), any highway or bridge with a posted weight limitation that is less
21than the vehicle combination's gross weight, and any part of the state trunk highway
22system that the department has designated by rule as a route on which a permit
23issued under this subsection is not valid.
SB562, s. 3 24Section 3. 348.27 (9m) (c) of the statutes is created to read:
SB562,4,4
1348.27 (9m) (c) A permit issued under par. (a) 4. shall expressly authorize the
2vehicle combination to exceed any special weight limitation imposed under ss. 348.17
3(1) and 349.16 (1) (a) and (2) in connection with the thawing of frozen highways and
4to be operated at the full weight allowable under par. (a).
SB562, s. 4 5Section 4. Initial applicability.
SB562,4,76 (1) The treatment of section 348.27 (9m) (a) 4. and (c) of the statutes first
7applies to permits issued on the effective date of this subsection.
SB562,4,98 (2) The treatment of section 348.21 (2) (b) of the statutes first applies to vehicles
9operated on the effective date of this subsection.
SB562, s. 5 10Section 5. Effective date.
SB562,4,1211 (1) This act takes effect on the first day of the 4th month beginning after
12publication.
SB562,4,1313 (End)
Loading...
Loading...