2013 WISCONSIN ACT
377
An Act
to repeal
341.01 (2) (am), 347.21 (2), 348.05 (2) (c), 348.05 (3) and 348.27 (14);
to renumber
100.47 (3);
to renumber and amend
348.05 (2g), 348.07 (2) (e), 348.17 (5) and 348.28 (1);
to amend
100.47 (2) (c), 100.47 (4) (intro.), 341.05 (17), 346.09 (1), 346.09 (3) (b), 346.13 (1), (2) and (3), 347.21 (1), 347.21 (1m), 347.22 (2), 347.245 (1), 347.245 (5), 348.05 (2) (a), 348.05 (2) (a), 348.06 (2), 348.07 (1), 348.08 (1) (b), 348.08 (1) (d), 348.08 (2), 348.15 (3) (b), 348.15 (3) (d), 348.15 (3) (f) 2., 348.15 (8), 348.16 (2), 348.17 (6) (a) 2., 348.17 (6) (a) 3., 348.21 (3) (intro.), 348.25 (4) (intro.), 348.25 (8) (b) (intro.), 348.25 (8) (e) and 348.25 (8) (f);
to repeal and recreate
340.01 (24); and
to create
100.47 (3) (b), 227.01 (13) (rs), 340.01 (1o), 346.05 (1) (g), 346.13 (4), 347.24 (3), 347.25 (2g), 348.01 (2) (bg), 348.01 (2) (bp), 348.02 (6), 348.03, 348.05 (2) (am), 348.05 (2g), 348.05 (2g) (b), 348.06 (2) (a) and (b), 348.07 (2) (e) 1., 348.07 (2m), 348.09 (3), 348.15 (3) (g), 348.15 (9), 348.17 (5) (a) 1. and 2., 348.21 (3t), 348.27 (19) and 348.28 (1) (b) of the statutes;
relating to:
operation of agricultural vehicles on highways and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
100.47 (2) (c) of the statutes is amended to read:
100.47
(2)
(c) Lights
and
,
reflectors
, and other marking devices
meeting the applicable requirements under ch. 347
at the time the farm equipment was manufactured
, if farm equipment that can be operated on a highway.
Section
2
.
100.47 (3) of the statutes is renumbered 100.47 (3) (a).
Section
3
.
100.47 (3) (b) of the statutes is created to read:
100.47
(3)
(b) No person in the business of selling farm equipment may sell farm equipment that can be operated on a highway unless, at the time of sale, the person who sells the farm equipment discloses to the buyer the gross vehicle weight of the farm equipment.
Section
4
.
100.47 (4) (intro.) of the statutes is amended to read:
100.47
(4)
Exceptions.
(intro.)
Subsection (2) does
Subsections (2) and (3) (b) do
not apply to:
Section
5
.
227.01 (13) (rs) of the statutes is created to read:
227.01
(13)
(rs) Relates to any form prescribed by the department of transportation under s. 348.03 (1) or 348.27 (19) (d) 1. or procedure prescribed under s. 348.27 (19) (d) 2.
Section
6
.
340.01 (1o) of the statutes is created to read:
340.01
(1o)
"Agricultural commercial motor vehicle" means a commercial motor vehicle to which all of the following apply:
(a) The vehicle is substantially designed or equipped, or materially altered from its original construction, for the purpose of agricultural use.
(b) The vehicle was designed and manufactured primarily for highway use.
(c) Unless the vehicle was manufactured prior to 1970, the vehicle was manufactured to meet federal motor vehicle safety standard certification label requirements as specified in
49 CFR 567
.
(d) The vehicle is used exclusively in the conduct of agricultural operations.
(e) The vehicle is directly engaged in harvesting farm products, directly applies fertilizer, spray, or seeds to a farm field, or distributes feed to livestock.
Section
7
.
340.01 (24) of the statutes is repealed and recreated to read:
340.01
(24)
(a) Subject to par. (b), "implement of husbandry" means all of the following:
1. A self-propelled or towed vehicle that is manufactured, designed, or reconstructed to be used and that is exclusively used in the conduct of agricultural operations. An "implement of husbandry" may include any of the following:
a. A farm tractor.
b. A self-propelled combine; a self-propelled forage harvester; self-propelled fertilizer or pesticide application equipment but not including manure application equipment; towed tillage, planting, and cultivation equipment and its towing power unit; or another self-propelled vehicle that directly engages in harvesting farm products, directly applies fertilizer, spray, or seeds but not manure, or distributes feed to livestock.
c. A farm wagon, farm trailer, manure trailer, or trailer adapted to be towed by, or to tow or pull, another implement of husbandry.
2. A combination of vehicles in which each vehicle in the vehicle combination is an implement of husbandry as described in subd. 1. or in which an implement of husbandry described in subd. 1. c. is towed by a farm truck, farm truck tractor, or motor truck.
(b) "Implement of husbandry" does not include any of the following:
1. An agricultural commercial motor vehicle.
2. A vehicle that, notwithstanding s. 340.01 (8), is a commercial motor vehicle under
49 CFR 390.5
.
Section
9
.
341.05 (17) of the statutes is amended to read:
341.05
(17)
The vehicle is an implement of husbandry
or an agricultural commercial motor vehicle
.
Section
10
.
346.05 (1) (g) of the statutes is created to read:
346.05
(1)
(g) If the vehicle is a wide implement of husbandry, as defined in s. 347.24 (3) (a), being operated in compliance with any applicable requirement under s. 347.24 (3), 347.245 (1), or 347.25 (2g), and the vehicle is operated as much as practicable on the right half of the roadway and in the right-hand lane of a 3-lane highway, a portion of the vehicle may extend over the center of the roadway into any lane intended for travel in the opposite direction and may extend into any passing lane of a 3-lane highway. A wide implement of husbandry operated as described in this paragraph is subject to any restriction under ss. 346.06, 346.09 (2) and (3), and 346.59.
Section
11
.
346.09 (1) of the statutes is amended to read:
346.09
(1)
Upon any roadway where traffic is permitted to move in both directions simultaneously, the operator of a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be done in safety. In no case when overtaking and passing on a roadway divided into 4 or more clearly indicated lanes shall the operator of a vehicle drive to the left of the pavement marking indicating allocation of lanes to vehicles moving in the opposite direction or, in the absence of such marking, to the left of the center of the roadway. Except as provided in sub. (3) (b)
and s. 346.05 (1) (g)
, in no case shall the operator of a vehicle drive in a lane when signs or signals indicate that such lane is allocated exclusively to vehicles moving in the opposite direction.
Section
12
.
346.09 (3) (b) of the statutes is amended to read:
346.09
(3)
(b) The operator of a vehicle may drive on the left side of the center of a roadway on any portion thereof which has been designated a no-passing zone, as described in par. (a), to overtake and pass, with care, any vehicle
, except an implement of husbandry or agricultural commercial motor vehicle,
traveling at a speed less than half of the applicable speed limit at the place of passing.
Section
13
.
346.13 (1), (2) and (3) of the statutes are amended to read:
346.13
(1)
The
Except as provided in sub. (4), the
operator of a vehicle shall drive as nearly as practicable entirely within a single lane and shall not deviate from the traffic lane in which the operator is driving without first ascertaining that such movement can be made with safety to other vehicles approaching from the rear.
(2)
Upon
Except as provided in s. 346.05 (1) (g), upon
a 2-way roadway which is divided into 3 lanes the operator of a vehicle may not drive in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or U-turn, or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is marked or posted to give notice of the allocation.
(3)
Notwithstanding sub. (2),
but subject to sub. (4),
when lanes have been marked or posted for traffic moving in a particular direction or at designated speeds, the operator of a vehicle shall drive in the lane designated.
Section
14
.
346.13 (4) of the statutes is created to read:
346.13
(4)
Upon a 2-way roadway with at least 2 lanes for travel in each direction, a wide implement of husbandry, as defined in s. 347.24 (3) (a), that is being operated in compliance with any applicable requirement under s. 347.24 (3), 347.245 (1), or 347.25 (2g), and that is being operated as much as practicable within a single lane may, to the extent necessary, extend into another lane intended for travel in the same direction if it does not impede other vehicles approaching from the rear.
Section
14m
.
347.21 (1) of the statutes is amended to read:
347.21
(1)
No person shall operate on a highway during hours of darkness any train of vehicles authorized by s. 348.08 (1) (d) unless there is mounted on each side of every vehicle in such train, including farm tractors and implements of husbandry, at least one lamp emitting a red
or amber
light visible from a distance of 500 feet to the side of the vehicle on which mounted or, in lieu thereof, at least one red
or amber
reflector or, notwithstanding s. 347.245, one slow moving vehicle emblem visible from all distances within 500 feet to 50 feet of the side of the vehicle when directly in front of lawful upper beams of headlamps.
Section
15
.
347.21 (1m) of the statutes is amended to read:
347.21
(1m)
No person shall operate on a highway during hours of darkness any train of vehicles authorized by s. 348.08 (1) (b) unless there is mounted on each side of every vehicle in such train
, including farm tractors and implements of husbandry,
at least one lamp emitting a red
or amber
light visible from a distance of 500 feet to the side of the vehicle on which mounted or, in lieu thereof, at least one red
or amber
reflector visible from all distances within 500 feet to 50 feet of the side of the vehicle when directly in front of lawful upper beams of headlamps.
Section
16
.
347.21 (2) of the statutes is repealed.
Section
17
.
347.22 (2) of the statutes is amended to read:
347.22
(2)
No
Except as provided in s. 347.25 (2g), no
person shall operate or park a farm tractor, self-propelled farm implement, or lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2., upon a highway during hours of darkness with any lamp thereon showing any light to the rear other than red
or amber
in color.
Section
18
.
347.24 (3) of the statutes is created to read:
347.24
(3)
(a) In this subsection, "wide implement of husbandry" means any implement of husbandry that has a total width in excess of 15 feet or that partly extends, when operated primarily on the right half of the roadway, over the center of the roadway into any lane intended for travel in the opposite direction.
(b) Except as provided in par. (bm), no person may operate on a highway any wide implement of husbandry manufactured before January 1, 2014, unless it is equipped with all of the following and any lamp or light required under this paragraph is lighted and visible at the time of operation:
1. At least 2 amber flashing warning lamps, visible from both the front and rear of the implement of husbandry. When lighted, these lamps shall be capable of being seen and distinguished under normal atmospheric conditions during hours of darkness at a distance of 500 feet from the front and rear of the implement of husbandry. These lamps shall be mounted, as nearly as practicable, to indicate the extreme width of the implement of husbandry, but not more than 16 inches from the lateral extremities of the implement of husbandry.
2. Red retroreflective conspicuity material, visible to the rear and mounted within 25 inches of, respectively, the extreme left and extreme right of the implement of husbandry and spaced as evenly as practicable. This conspicuity material shall be of such size and characteristics and so maintained as to be readily visible during the hours of darkness from all distances within 500 feet to 50 feet from the implement of husbandry when directly in front of lawful upper beams of headlamps.
3. At least 2 strips of yellow retroreflective conspicuity material visible to the front of the implement of husbandry. On the left and right sides of the implement of husbandry, the outer edge of at least one strip of this material shall be mounted within 16 inches of, respectively, the extreme left and extreme right of the implement of husbandry. This conspicuity material shall be of such size and characteristics and so maintained as to be readily visible during the hours of darkness from all distances within 500 feet to 50 feet from the implement of husbandry when directly in front of lawful upper beams of headlamps.
4. Subject to ss. 347.06 (1) and (3), 347.13 (2), and 347.22 (1), at least 2 red tail lamps mounted symmetrically to the rear of the implement of husbandry, or as close to the rear as practicable. These tail lamps are not required to be wired to light when headlamps or other lamps light. When lighted, these tail lamps shall be capable of being seen and distinguished under normal atmospheric conditions during hours of darkness at a distance of 500 feet from the rear of the implement of husbandry.
(bm) A person may operate on a highway, at times other than hours of darkness, a wide implement of husbandry manufactured before January 1, 2014, that does not comply with par. (b) if all of the following apply:
1. The wide implement of husbandry is accompanied by an escort vehicle operating with hazard lights activated.
2. Two orange or red flags, not less than 12 inches square, are attached to the rear of the wide implement of husbandry, or as close to the rear as practicable, in a manner that is clearly visible to the operator of a vehicle approaching from the rear and that marks the extreme left and extreme right of the implement of husbandry.
(c) In addition to any applicable requirement under par. (b) or (bm), if a wide implement of husbandry has a total width in excess of 22 feet, no person may operate the implement of husbandry on a highway unless the implement of husbandry is accompanied by an escort vehicle operating with hazard lights activated. If the implement of husbandry is being operated on a highway with only one lane for travel in each direction, the escort vehicle shall be operated ahead of the implement of husbandry on the highway. If the implement of husbandry is being operated on a highway with more than one lane for travel in each direction or on a 3-lane highway, the escort vehicle shall be operated behind the implement of husbandry on the highway. This paragraph does not apply to an implement of husbandry that is traveling between fields or between a farm and a field and is operated on the highway for a distance of 0.5 miles or less.
(d) No person may operate on a highway any implement of husbandry manufactured on or after January 1, 2014, unless it is equipped with all lighting and marking devices with which the implement of husbandry was originally equipped by the manufacturer and all such lighting and marking devices are in good working order and visible at the time of operation.
(e) The requirements under this subsection apply in addition to any applicable requirements under subs. (1) and (2) and ss. 347.21, 347.22, and 347.27.
Section
19
.
347.245 (1) of the statutes is amended to read:
347.245
(1)
After January 1, 1970, no person may operate on a highway, day or night, any vehicle or equipment, any animal-drawn vehicle, or any other machinery, including all road machinery, that usually travels at speeds of less than 25 miles per hour or any vehicle operated under a special restricted operator's license issued under s. 343.135 or any lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2.,
or any wide implement of husbandry, as defined in s. 347.24 (3) (a), that is manufactured before January 1, 2014,
unless there is displayed on the most practicable visible rear area of the vehicle or combination of vehicles, a slow moving vehicle (SMV) emblem as described in and displayed as provided in sub. (2). Any towed vehicle or machine is exempt from this provision if the towing vehicle is visible from the rear and is in compliance with this section. All road machinery is excluded when it is engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs. Except as provided in s. 347.21 (1), the requirement of the emblem shall be in addition to any lighting devices required or permitted by law. Mopeds and motor bicycles are excluded from the provisions of this section unless they are operated under a special restricted operator's license issued under s. 343.135. Electric personal assistive mobility devices are excluded from the provisions of this section. The SMV emblem need not be displayed on vehicles moving directly across the highway.
Section
20
.
347.245 (5) of the statutes is amended to read:
347.245
(5)
This section does not apply to any vehicle or combination of vehicles to the left rear of which is attached a yellow or amber flashing light at least 4 inches in diameter
, except to a wide implement of husbandry, as defined in s. 347.24 (3) (a), that is manufactured before January 1, 2014
.
Section
21
.
347.25 (2g) of the statutes is created to read:
347.25
(2g)
No person may operate on a highway any self-propelled implement of husbandry manufactured before January 1, 2014, and having a total width in excess of 12 feet, unless it is equipped with a 360-degree yellow or amber rotating strobe or beacon light, mounted at the highest practicable point, or 2 flashing amber lights visible to the front and rear, and the light or lights are activated.
Section
22
.
348.01 (2) (bg) of the statutes is created to read:
348.01
(2)
(bg) "Implement dealer" means any person engaged in the business of delivering, repairing, or servicing implements of husbandry or agricultural commercial motor vehicles.
Section
23
.
348.01 (2) (bp) of the statutes is created to read:
348.01
(2)
(bp) "Potato harvester" means a self-propelled implement of husbandry designed and used exclusively for harvesting potatoes.
Section
24
.
348.02 (6) of the statutes is created to read:
348.02
(6)
The provisions of this chapter apply to implements of husbandry and agricultural commercial motor vehicles.
Section
25
.
348.03 of the statutes is created to read:
348.03
Self-certification for agricultural commercial motor vehicles.
(1)
The department shall prescribe a form for the owner or operator of an agricultural commercial motor vehicle to certify that the vehicle and its operation satisfy all requirements specified in the definition under s. 340.01 (1o).
(2)
The certification on the form under sub. (1) of an owner or operator of an agricultural commercial motor vehicle may be offered to the department or any traffic officer as evidence of the truth of the matters asserted in the certification, but the certification is not conclusive of such matters.
Section
26
.
348.05 (2) (a) of the statutes is amended to read:
348.05
(2)
(a) No limitation for implements of husbandry
temporarily operated upon a highway in the course of performance of its work
.
Section
27
.
348.05 (2) (a) of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:
348.05
(2)
(a)
No
Subject to ss. 347.24 (3), 347.245 (1), and 347.25 (2g), no
limitation for implements of husbandry.
Section
28
.
348.05 (2) (am) of the statutes is created to read:
348.05
(2)
(am) Ten feet for an agricultural commercial motor vehicle, except that, if the agricultural commercial motor vehicle is operated for purposes of spraying pesticides or spreading lime or fertilizer but not including manure application and has extending tires, fenders, or fender flares, the total outside width of the agricultural commercial motor vehicle may not exceed 12 feet.
Section
29
.
348.05 (2) (c) of the statutes is repealed.
Section
30
.
348.05 (2g) of the statutes is created to read:
348.05
(2g)
Subsection (2) (a) also applies to implements of husbandry while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry if the implement of husbandry is being operated or transported under either of the following circumstances:
(a) Directly from a farmer's owned or leased land to the business location of an implement dealer that is within a 75-mile radius of the farmer's owned or leased land.
(b) Directly from the business location of an implement dealer to a farmer's owned or leased land that is within a 75-mile radius of the implement dealer's business location.
Section
31
.
348.05 (2g) of the statutes, as created by 2013 Wisconsin Act .... (this act), is renumbered 348.05 (2g) (a), and 348.05 (2g) (a) (intro.), as renumbered, is amended to read:
348.05
(2g)
(a) (intro.)
Subsection
Subject to par. (b), subsection
(2) (a) also applies to implements of husbandry while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry if the implement of husbandry is being operated or transported under either of the following circumstances:
Section
32
.
348.05 (2g) (b) of the statutes is created to read:
348.05 (2g) (b) Paragraph (a) applies only if the person operating or transporting the implement of husbandry complies with ss. 347.24 (3), 347.245 (1), and 347.25 (2g), as applicable. For purposes of this paragraph, the requirements under ss. 347.24 (3), 347.245 (1), and 347.25 (2g) shall apply to an implement of husbandry being transported to the same extent as if the implement of husbandry were being operated.
Section
33
.
348.05 (3) of the statutes is repealed.
Section
34
.
348.06 (2) of the statutes is amended to read:
348.06
(2)
Implements of husbandry of any height may be
temporarily
operated upon a highway without a permit for excessive height.
The operator of the implement of husbandry is responsible for ensuring that there is adequate height clearance between the implement of husbandry and any overhead structure or obstruction, other than a structure or obstruction that is any of the following:
Section
34m
.
348.06 (2) (a) and (b) of the statutes are created to read:
348.06
(2)
(a) Any overhead utility line that does not satisfy the requirements of the state electric code promulgated by the public service commission.
(b) Any overhead electric line of a cooperative association that is organized under ch. 185 and that does not comply with the National Electrical Safety Code.
Section
35
.
348.07 (1) of the statutes is amended to read:
348.07
(1)
No person, without a permit therefor, may operate on a highway any single vehicle with an overall length in excess of 45 feet or any combination of 2 vehicles with an overall length in excess of 70 feet, except as otherwise provided in subs. (2), (2a),
(2m),
and (4m) and s. 348.08 (1).
Section
36
.
348.07 (2) (e) of the statutes is renumbered 348.07 (2) (e) 2. and amended to read:
348.07
(2)
(e) 2.
No limitation
One hundred feet
for implements of husbandry
temporarily operated upon a highway
that are 2-vehicle combinations
.
Section
37
.
348.07 (2) (e) 1. of the statutes is created to read:
348.07
(2)
(e) 1. Sixty feet for an implement of husbandry that is a single vehicle.
Section
38
.
348.07 (2m) of the statutes is created to read:
348.07
(2m)
Subsection (2) (e) also applies to implements of husbandry while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry if the implement of husbandry is being operated or transported under either of the following circumstances:
(a) Directly from a farmer's owned or leased land to the business location of an implement dealer that is within a 75-mile radius of the farmer's owned or leased land.
(b) Directly from the business location of an implement dealer to a farmer's owned or leased land that is within a 75-mile radius of the implement dealer's business location.
Section
39
.
348.08 (1) (b) of the statutes is amended to read:
348.08
(1)
(b) Two
trailers used primarily as
implements of husbandry
in connection with seasonal agricultural activities or one such trailer and any other implement of husbandry
may, without such permit, be drawn by
a farm tractor if the operation of such combination of vehicles is exclusively a farming operation and not for the transportation of property for hire and
, or attached to, another implement of husbandry
if the overall length of such combination of vehicles does not exceed
60
70
feet
, or 100 feet if the vehicle combination is traveling at a speed of not more than 25 miles per hour
.
Section
40
.
348.08 (1) (d) of the statutes is amended to read:
348.08
(1)
(d) Two trailers transporting empty pressurized or nonpressurized tanks used for hauling or storing liquid agricultural fertilizer or 2 implements of husbandry, including 2 empty trailers used primarily as implements of husbandry in connection with seasonal agricultural activities, may, without such permit, be drawn by a motor truck
or
,
truck tractor
, or agricultural commercial motor vehicle
if the overall length of such combination of vehicles and load does not exceed
60
70
feet
or, if the vehicle combination is traveling at a speed of not more than 25 miles per hour, 100 feet
. For purposes of this paragraph, "empty" means less than 20% full.
Section
41
.
348.08 (2) of the statutes is amended to read:
348.08
(2)
Whenever any train of
agricultural vehicles
implements of husbandry
is being operated under sub. (1) (b), the train shall be equipped as provided in s. 347.21 (1m)
and (2)
. Whenever any train of agricultural vehicles is being operated under sub. (1) (d), the train shall be equipped as provided in s. 347.21 (1)
and (2)
. The trailer hitches of a train
of agricultural vehicles
described in this subsection
shall be of a positive nature so as to prevent accidental release.
Section
42
.
348.09 (3) of the statutes is created to read:
348.09
(3)
This section does not apply if the load is an implement of husbandry or agricultural commercial motor vehicle being transported as provided in s. 348.05 (2g).
Section
43
.
348.15 (3) (b) of the statutes is amended to read:
348.15
(3)
(b) The gross weight imposed on the highway by the wheels of any one axle may not exceed 20,000 pounds
or, if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle operated on or before January 1, 2020, 23,000 pounds
. In addition, the gross weight imposed on the highway by the wheels of the steering axle of a truck tractor may not exceed 13,000 pounds unless the manufacturer's rated capacity of the axle and the tires is sufficient to carry the weight, but not to exceed 20,000 pounds.
Section
44
.
348.15 (3) (d) of the statutes is amended to read:
348.15
(3)
(d) Notwithstanding
par.
pars.
(c)
and (g)
, 2 consecutive sets of tandem axles may impose on the highway a gross load of 34,000 pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more.
Section
45
.
348.15 (3) (f) 2. of the statutes is amended to read:
348.15
(3)
(f) 2. Notwithstanding pars. (a) to (c)
and (g)
, sub. (4), and ss. 348.17 and 349.16, and subject to subd. 3., in the case of a heavy-duty vehicle equipped with idle reduction technology, the gross weight of the vehicle, and the gross weight imposed on the highway by the wheels of any one axle or axle group of the vehicle, may exceed the applicable weight limitation specified in pars. (a) to (c)
or (g)
or posted as provided in s. 348.17 (1) by not more than 400 pounds or the weight of the idle reduction technology, whichever is less.
Section
46
.
348.15 (3) (g) of the statutes is created to read:
348.15
(3)
(g) Notwithstanding par. (c), if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle operated on or before January 1, 2020, the gross weight imposed on the highway by any group of 2 or more consecutive axles of the vehicle or vehicle combination may not exceed the maximum gross weights in the following table for each of the respective distances between axles and the respective numbers of axles of a group: [See Figure 348.15 (3) (g) following]
-
See PDF for table
-
See PDF for table
Section
47
.
348.15 (8) of the statutes is amended to read:
348.15
(8)
Unless the department provides otherwise by rule, any axle of a vehicle or combination of vehicles which does not impose on the highway at least 8% of the gross weight of the vehicle or combination of vehicles may not be counted as an axle for the purposes of sub. (3) (c)
and (g)
.
Section
48
.
348.15 (9) of the statutes is created to read:
348.15
(9)
(a) Except as provided in pars. (c), (e), and (f), the increased weight allowance for implements of husbandry and agricultural commercial motor vehicles under sub. (3) (b) and (g) applies in lieu of, not in addition to, any other increased weight allowance for implements of husbandry authorized under this chapter.
(b) Except as provided in par. (e), the maximum gross weight for an implement of husbandry or agricultural commercial motor vehicle operated on a highway without a permit may not exceed 92,000 pounds.
(c) 1. Notwithstanding sub. (3) (b), (c), and (g), there is no weight limitation per wheel, axle, or group of axles for an implement of husbandry that is an empty potato harvester if, subject to subd. 2., the potato harvester is accompanied by one or more escort vehicles operating with hazard lights activated, except that such a potato harvester is subject to any weight limitation posted as provided in s. 348.17 (1). Except as provided in par. (e), a potato harvester is subject to the maximum gross weight limitation for implements of husbandry specified in par. (b).
2. A potato harvester is not required to be accompanied by any escort vehicle under subd. 1. if the potato harvester is traveling between fields or between a farm and a field and is operated on the highway for a distance of 0.5 miles or less.
(d) The increased weight allowance for implements of husbandry and agricultural commercial motor vehicles under sub. (3) (b) and (g) does not apply on any highway that is a part of the national system of interstate and defense highways.
(e) 1. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), but subject to subd. 3., there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation, for an implement of husbandry or agricultural commercial motor vehicle while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry or agricultural commercial motor vehicle if the implement of husbandry or agricultural commercial motor vehicle is being operated or transported under either of the following circumstances:
a. Directly from a farmer's owned or leased land to the business location of an implement dealer that is within a 75-mile radius of the farmer's owned or leased land.
b. Directly from the business location of an implement dealer to a farmer's owned or leased land that is within a 75-mile radius of the implement dealer's business location.
2. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), but subject to subd. 3., there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation, for an implement of husbandry described in s. 340.01 (24) (a) 1. b. that is traveling between fields or between a farm and a field and is operated on the highway for a distance of 0.5 miles or less.
3. Subdivisions 1. and 2. do not apply on any highway that is a part of the national system of interstate and defense highways or that is posted with a weight limitation as provided in s. 348.17 (1).
(f) 1. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), and except as provided in subd. 3. and par. (e), there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation other than that specified in par. (b), for an implement of husbandry described in s. 340.01 (24) (a) 1. b. being operated on a highway that is not designated under subd. 2. a.
2. a. The governing body of a municipality or county may, by resolution or ordinance, designate highways under the municipality's or county's jurisdiction, for maintenance purposes, on which the statutory weight limits prescribed under this section, other than this paragraph, for implements of husbandry apply to implements of husbandry described in s. 340.01 (24) (a) 1. b. If a resolution or ordinance is adopted under this subd. 2. a., any weight limit resulting from the resolution or ordinance is considered to be a weight limit imposed by this chapter and any violation is considered to be a violation of the applicable weight limits prescribed under this section.
b. For a resolution or ordinance under this subdivision to be effective in any calendar year, the resolution or ordinance must be adopted on or before January 15 of that calendar year or in a prior year. A resolution or ordinance adopted under this subdivision shall be valid for at least one calendar year.
c. Each municipality or county that designates highways under subd. 2. a. shall forward to the department a copy of the resolution or ordinance, and the department shall publish the resolution or ordinance on the department's Internet site.
3. Subdivision 1. does not apply on any highway that is a state trunk highway or that is posted with a weight limitation as provided in s. 348.17 (1).
(g) This subsection does not apply after January 1, 2020, and any resolution or ordinance adopted under par. (f) 2. a. on or before January 1, 2020, is void after January 1, 2020.
Section
49
.
348.16 (2) of the statutes is amended to read:
348.16
(2)
Except as provided in sub. (3) and s. 348.175 and subject to any modifications made by a city of the first class pursuant to s. 349.15 (3), no person, without a permit therefor, shall operate on a class "B" highway any vehicle or combination of vehicles imposing wheel, axle, group of axles, or gross weight on the highway exceeding 60 percent of the weights authorized in s. 348.15 (3).
This subsection does not apply, from the effective date of this subsection .... [ LRB inserts date], to January 1, 2020, to a potato harvester or an implement of husbandry or agricultural commercial motor vehicle being operated or transported as described in s. 348.15 (9) (e) or (f) 1.
Section
50
.
348.17 (5) of the statutes is renumbered 348.17 (5) (a) and amended to read:
348.17
(5)
(a) From September 1 to December 31 of each year, no permit shall be required for the transportation of corn, soybeans, potatoes, vegetables, or cranberries from the field to storage on the grower's owned or leased land, from the field to initial storage at a location not owned or leased by the grower, or from the field to initial processing in a vehicle or combination of vehicles
having a registered gross weight of 50,000 pounds or more or described in s. 340.01 (24) (b)
that exceeds the weight limitations under s. 348.15 by not more than 15 percent
.
and that satisfies all of the following:
(b)
This subsection does not apply to the national system of interstate and defense highways, except for that portion of I 39 between USH 51 and I 90/94.
Section
51
.
348.17 (5) (a) 1. and 2. of the statutes are created to read:
348.17
(5)
(a) 1. Has a registered gross weight of 50,000 pounds or more.
2. Is a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway.
Section
52
.
348.17 (6) (a) 2. of the statutes is amended to read:
348.17
(6)
(a) 2. Is
described in s. 340.01 (24) (b)
a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway
.
Section
53m
.
348.17 (6) (a) 3. of the statutes is amended to read:
348.17
(6)
(a) 3. Is an implement of husbandry
as defined in s. 340.01 (24) (a)
. This subdivision does not apply from the effective date of this subdivision .... [LRB inserts date], to January 1, 2020
.
Section
54
.
348.21 (3) (intro.) of the statutes is amended to read:
348.21
(3)
(intro.) Except as provided in sub. (3g),
and subject to sub. (3t),
any person violating 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 under s. 348.17 (3), (5), or (6) or in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:
Section
55
.
348.21 (3t) of the statutes is created to read:
348.21
(3t)
(a) In the case of a violation of s. 348.15 (3) (g), the penalty shall be computed on the basis of the weights stated in s. 348.15 (3) (c).
(b) In the case of a violation of s. 348.15 (3) (b) involving an implement of husbandry or agricultural commercial motor vehicle, the penalty shall be computed on the basis of a permissible weight of 20,000 pounds.
(c) This subsection does not apply to violations committed after January 1, 2020.
Section
56
.
348.25 (4) (intro.) of the statutes is amended to read:
348.25
(4)
(intro.) 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),
or (19),
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:
Section
57
.
348.25 (8) (b) (intro.) of the statutes is amended to read:
348.25
(8)
(b) (intro.)
Unless
Except as provided in s. 348.27 (19) (c) 5., 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):
Section
58
.
348.25 (8) (e) of the statutes is amended to read:
348.25
(8)
(e)
The
Except as provided in s. 348.27 (19) (c) 5., 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.
Section
59
.
348.25 (8) (f) of the statutes is amended to read:
348.25
(8)
(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)
or to a permit issued under s. 348.27 (19)
.
Section
60
.
348.27 (14) of the statutes is repealed.
Section
61
.
348.27 (19) of the statutes is created to read:
348.27
(19)
No-fee permits for implements of husbandry and agricultural commercial motor vehicles that exceed length or weight limitations.
(a) In this subsection, "maintaining authority" means the following:
1. The department or its designee, with respect to state trunk highways.
2. The municipality or county responsible for maintenance of the highway or its designee, with respect to any highway that is not a state trunk highway, including any connecting highway.
(b) 1. Subject to subds. 3. and 5. b. and par. (c), a person may apply to the maintaining authority of a highway for an annual or consecutive month, no-fee permit to operate an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter. Upon receiving an application for a no-fee permit under this subsection, the maintaining authority shall provide the applicant with a final decision on the application within 3 weeks of its receipt. If the maintaining authority fails to approve or deny the application within this 3-week period, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4. or until 6 weeks from receipt of the application. If the maintaining authority fails to approve or deny the application within 6 weeks of its receipt, the application is approved.
2. Subject to subd. 3. and par. (c), any person to whom a no-fee permit has been issued under this subsection may, at any time, apply for an amendment to the permit to reflect a change in the applicant's circumstances or information, including a change in the listing or map of highways to be traveled. Upon receiving an application for amendment under this subdivision, the maintaining authority shall provide the applicant with a decision on the application within 5 business days of its receipt. If the maintaining authority fails to approve or deny the application within this period of 5 business days, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4. or until 10 business days from receipt of the application. If the maintaining authority fails to approve or deny the application within 10 business days of its receipt, the application is approved. This subdivision does not apply if the permit is a resolution or ordinance adopted under subd. 5.
3. Except as provided in subd. 5. b., an application under subd. 1. or 2. shall be made on the form prescribed by the department under par. (d) 1.
4. If a maintaining authority denies a permit application under subd. 1. or 2., it shall notify the applicant in writing of the denial and the notice shall include a reasonable and structurally based explanation of the denial that relates to the preservation of the roadway.
4m. a. If a maintaining authority receives a permit application with respect to an implement of husbandry described in s. 340.01 (24) (a) 1. b. and the only basis to deny the application is the listing or map of highways under par. (c) 3. accompanying the application, the maintaining authority shall modify the application to include an approved alternate route or map of highways for operation of the implement of husbandry and approve the application.
b. The approved alternate route or map of highways under subd. 4m. a. may include highways that are not under the jurisdiction of the maintaining authority issuing the permit only upon prior approval of the maintaining authority having jurisdiction over those highways.
5. a. The governing body of a municipality or county may, by resolution or ordinance, authorize operation on any or all highways under the municipality's or county's jurisdiction of implements of husbandry and agricultural commercial motor vehicles that exceed limitations on length or weight, or both, imposed by this chapter. If the governing body of a municipality or county adopts a resolution or ordinance under this subd. 5. a., the resolution or ordinance shall be valid for at least one calendar year. For a resolution or ordinance under this subd. 5. a. to be effective in any calendar year, the resolution or ordinance must be adopted on or before January 15 of that calendar year or in a prior year.
b. If the governing body of a municipality or county adopts a resolution or ordinance under subd. 5. a., then subd. 3. and par. (c) 3. do not apply, no permit application is required, and the resolution or ordinance shall serve as the permit under this subsection. The governing body of the municipality or county shall make copies of the resolution or ordinance readily available to the public at multiple locations within the municipality or county.
c. If the governing body of a municipality or county adopts a resolution or ordinance under subd. 5. a. that applies to fewer than all of the highways under the municipality's or county's jurisdiction or that authorizes operation of implements of husbandry and agricultural commercial motor vehicles but imposes conditions, restrictions, or limitations on this operation, then a person may apply for a permit under subd. 1. for operation of an implement of husbandry or agricultural commercial motor vehicle on any highway or under any circumstance not authorized by the resolution or ordinance.
d. Each municipality or county that adopts a resolution or ordinance under this subdivision shall forward to the department a copy of the resolution or ordinance, and the department shall publish the resolution or ordinance on the department's Internet site.
(c) 1. With respect to any highway under its jurisdiction, and as provided in par. (b) 4m. b., a maintaining authority may issue an annual or consecutive month, no-fee permit authorizing operation on the highway of an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter if the applicable requirements of this subsection are satisfied.
2. A no-fee permit issued under this subsection does not exempt any implement of husbandry or agricultural commercial motor vehicle from complying with all equipment and other requirements for an implement of husbandry or agricultural commercial motor vehicle specified in ch. 347.
3. Except as provided in par. (b) 5. b., an application for a no-fee permit under this subsection shall be accompanied by a listing or map of the highways that may potentially be traveled under authorization of the permit.
4. A no-fee permit issued under this subsection is not valid on any highway that is a part of the national system of interstate and defense highways.
5. No fee may be charged for issuance or amendment of a permit under this subsection, or for any study, investigation, or other review in connection with an application for a permit or amendment of a permit under this subsection.
6. A maintaining authority under par. (a) 2. may issue permits under this subsection having a valid period that is longer than one year or for which there is no expiration.
7. Permits issued under this subsection by a maintaining authority under par. (a) 1., including amended permits for which an application has been approved under par. (b) 2., shall automatically renew each year unless there is a material change to any roadway for which the permit applies.
(d) 1. The department shall prescribe an application form for no-fee permits, and amendments to no-fee permits, under this subsection. Except with respect to permits under par. (b) 5. b., this form shall be used by each maintaining authority. The application form shall require the applicant to provide, on the form or as an attachment, all of the following information:
a. The applicant's contact information.
b. A listing or map of the highways that may potentially be traveled under authorization of the permit.
c. Identification of the types of implements of husbandry or agricultural commercial motor vehicles for which the application is made; the length, number of axles, make, model, and estimated weight of the implements of husbandry or agricultural commercial motor vehicles; and the time of year and frequency that these implements of husbandry or agricultural commercial motor vehicles are expected to be operated on the highway.
d. Changes to the original application when requesting an amendment to a previously issued no-fee permit.
e. Any other information considered necessary by the department to determine the acceptability of the application.
2. The department shall prescribe a procedure for the submission of applications to the maintaining authority under par. (b) 1. and 2. The procedure shall allow an application to be submitted by mail, including certified mail, by electronic transmission, or in person, and shall include a method for accurately documenting the date of receipt of the application regardless of which delivery method is used.
3. a. Except as provided in subd. 3. b., c., and d., a maintaining authority shall keep confidential all information provided by an applicant for a permit under this subsection and this information is not open to public inspection, copying, or disclosure under s. 19.35.
b. A maintaining authority described in par. (a) 2. shall disclose to the department, upon its request, information provided by an applicant for a permit under this subsection, but the department shall keep the information confidential, and this information is not open to public inspection, copying, or disclosure under s. 19.35.
c. A maintaining authority shall, upon request, disclose to a law enforcement agency, for use only for law enforcement purposes, information provided by an applicant for a permit under this subsection.
d. This subdivision does not prohibit a maintaining authority from disclosing on a permit under this subsection the information necessary to carry out the purpose of the permit.
(e) 1. In this paragraph, "adverse determination" means the denial of an application for issuance or amendment of a no-fee permit under this subsection.
2. Notwithstanding s. 348.25 (9), any person aggrieved by an adverse determination by a municipality or county may obtain review of the adverse determination in the manner provided in ch. 68 or as provided under an ordinance or resolution adopted under s. 68.16. However, review of the initial determination of the municipality or county, under s. 68.09 or 68.10 or under the equivalent provision of an ordinance or resolution adopted by a municipality under s. 68.16, shall be made by, respectively, the governing body of the municipality or the county highway committee of the county.
3. Any person aggrieved by an adverse determination by the department may petition as provided in s. 348.25 (9).
(f) 1. Except as provided in subd. 2., this subsection does not apply after January 1, 2020, and any permit issued under this subsection or resolution or ordinance adopted under par. (b) 5. a. on or before January 1, 2020, is void after January 1, 2020.
2. The confidentiality requirements under par. (d) 3. continue to apply after January 1, 2020, to all application information provided on or before January 1, 2020.
Section
61m
.
348.28 (1) of the statutes is renumbered 348.28 (1) (a) and amended to read:
348.28
(1)
(a) Permits issued under ss. 348.25, 348.26 and 348.27
, other than a permit described in s. 348.27 (19) (b) 5. b.,
shall be carried on the vehicle during operations so permitted.
This paragraph does not apply after January 1, 2020, with respect to a permit issued under s. 348.27 (19).
Section
61p
.
348.28 (1) (b) of the statutes is created to read:
348.28
(1)
(b) Permits issued under s. 348.27 (19) that are required to be carried on the vehicle under par. (a) may be carried and produced in either printed or electronic format, including by display of electronic images on a cellular telephone or other electronic device. If the permit is displayed in electronic format on any cellular telephone or other electronic device, a traffic officer or inspector under s. 110.07 (3) may not view, and producing the permit in electronic format is not considered consent for the traffic officer or inspector to view, any content on the telephone or other device except the permit. This paragraph does not apply after January 1, 2020.
Section
62
.
Nonstatutory provisions.
(1) No later than the 30th day after the effective date of this subsection, the department of transportation shall prescribe the form and procedures specified in section 348.27 (19) (d) of the statutes, as created by this act. For purposes of this subsection, the form and procedures shall not be considered a rule under section 227.01 (13) of the statutes.
(2) Notwithstanding section 348.27 (19) (b) 3. and (d) 1. of the statutes, as created by this act, applications under section 348.27 (19) (b) 1. and 2. of the statutes, as created by this act, are not required to be made on the form prescribed under section 348.27 (19) (d) 1. of the statutes, as created by this act, until January 1, 2015.
(3) Notwithstanding section 13.096 (2) of the statutes, the department of transportation shall not prepare a report on this bill under section 13.096 (2) and (3) of the statutes because the department recently completed the Implements of Husbandry Study, with a Phase II report dated July 31, 2013, and a Phase II addendum report dated September 20, 2013, which contained the same or similar information that would be contained in a report on this bill under section 13.096 (2) and (3) of the statutes.
(4m)
(a) Notwithstanding sections 348.15, 348.16, and 348.21 of the statutes, as affected by this act, but subject to paragraph (b), during the period beginning on the effective date of this paragraph and ending on January 14, 2015, no officer of the state traffic patrol under section 110.07 (1) of the statutes, and no inspector under section 110.07 (3) of the statutes, may issue a citation to a person for violating any provision of sections 348.15 and 348.16 of the statutes, as affected by this act, while operating an implement of husbandry described in section 340.01 (24) (a) 1. a. or b. of the statutes, as affected by this act. A state traffic patrol officer or inspector may issue a warning notice for any violation specified in this paragraph.
(am)
Notwithstanding sections 348.05, 348.06, 348.07, and 348.08 of the statutes, as affected by this act, but subject to paragraph (b), during the period beginning on the effective date of this paragraph and ending on January 14, 2015, no officer of the state traffic patrol under section 110.07 (1) of the statutes, and no inspector under section 110.07 (3) of the statutes, may issue a citation to a person for violating any provision of sections 348.05, 348.06, 348.07, and 348.08 of the statutes, as affected by this act, while operating an implement of husbandry described in section 340.01 (24) (a) 1. a. or b. of the statutes, as affected by this act. A state traffic patrol officer or inspector may issue a warning notice for any violation specified in this paragraph.
(b)
Paragraph (a) does not apply to an implement of husbandry described in section 340.01 (24) (a) 1. a. or b. of the statutes, as affected by this act, being operated on any highway that is a part of the national system of interstate and defense highways.
Section
63
.
Effective dates.
This act takes effect on the 30th day after the day of publication, except as follows:
(1)
Section
62 (1
) and (3) of this act takes effect on the day after publication.
(2) The treatment of sections 100.47 (2) (c), 346.05 (1) (g), 346.09 (1), 346.13 (1), (2), (3), and (4), 347.21 (1m) and (2), 347.22 (2), 347.24 (3), 347.245 (1) and (5), 347.25 (2g), and 348.05 (2) (a) (by
Section
27) of the statutes, the renumbering and amendment of section 348.05 (2g) of the statutes, and the creation of section 348.05 (2g) (b) of the statutes take effect on the first day of the 19th month beginning after publication.
(3) The treatment of section 100.47 (4) (intro.) of the statutes, the renumbering of section 100.47 (3) of the statutes, and the creation of section 100.47 (3) (b) of the statutes take effect on January 1, 2015.
(4m) The treatment of sections 340.01 (1o) and (24), 348.01 (2) (bg) and (bp), 348.15 (3) (b), (d), (f) 2., and (g), (8), and (9), 348.16 (2), and 348.21 (3) (intro.) and (3t) of the statutes and
Section
62 (4m) (a) and (b) of this act take effect on the day of publication.
