Amendment AA1-AB820

AB820-AA1,10,19 348.25 (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, 348.265, or 348.27 if such vehicle or article exceeds the maximum limitations on size, weight, or projection of load imposed by this chapter.

AB820-AA1,33e Section 33e. 348.25 (2) (b) of the statutes is amended to read:

AB820-AA1,11,2 348.25 (2) (b) If an overweight permit has been obtained under s. 348.26, 348.265, 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.

AB820-AA1,33f Section 33f. 348.25 (3) of the statutes is amended to read:

AB820-AA1,11,19 348.25 (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. 348.265 or 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, 348.265, 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.

AB820-AA1,33g Section 33g. 348.25 (4) (intro.) of the statutes is amended to read:

AB820-AA1,11,25 348.25 (4) (intro.) Except as provided under s. 348.26 (4), (6), or (7), 348.265, or 348.27 (3), (3m), (4m), (9), (9m), (9r), (9t), (10), (12), (15), (16), (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:

AB820-AA1,33h Section 33h. 348.25 (5) of the statutes is amended to read:

AB820-AA1,12,13 348.25 (5) The officer or agency authorized by s. 348.26, 348.265, 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.

AB820-AA1,33i Section 33i. 348.25 (6) of the statutes is amended to read:

AB820-AA1,12,20 348.25 (6) The officer or agency authorized by s. 348.26, 348.265, 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.

AB820-AA1,33j Section 33j. 348.25 (9) of the statutes is amended to read:

AB820-AA1,12,25 348.25 (9) If a permit under s. 348.26, 348.265, 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.

AB820-AA1,33k Section 33k. 348.265 of the statutes is created to read:

AB820-AA1,13,8 348.265 Annual oversize or overweight permit for vehicles and equipment. (1) The local official in charge of maintenance of a highway may issue an annual permit for the operation of oversize or overweight vehicles and equipment identified in the permit between job sites, storage facilities, material supply sites, and other locations on a designated highway route identified in the permit. Local officials may issue such permits for use of state trunk highways within the county or municipality that they represent.

AB820-AA1,13,12 (2) A permit issued under this section may be issued only to a company operating oversize or overweight vehicles or equipment within the county or requiring the use of highways within the county to operate oversize or overweight vehicles or equipment to locations in another county.

AB820-AA1,13,17 (3) An application for a permit under this subsection shall be made on the form prescribed by the department and shall be submitted to the officer in charge of maintenance of the highway to be used. An application for use of a state trunk highway shall be submitted to the officer in charge of maintenance of highways in the county or municipality where the state trunk highway is located.

AB820-AA1,13,18 (4) An application for a permit under this section shall identify:

AB820-AA1,13,21 (a) The location of identified or anticipated job sites, storage or maintenance facilities, material supply sites, or other locations within the county or municipality for which the permit will be valid.

AB820-AA1,13,22 (b) All oversize and overweight vehicles or equipment covered by the permit.

AB820-AA1,13,24 (c) The designated routes that oversize or overweight equipment will travel between locations identified in par. (a).

AB820-AA1,14,2 (d) The expiration date of the permit, which may not be later than December 31 of the year in which it is issued.

AB820-AA1,14,8 (5) An application for a permit under this section shall be made no later than February 1 of the year in which the permit is issued. No later than 30 days after receipt of an application for a permit under this section, the officer in charge of maintenance of the highway to be used shall review the application and issue the permit, deny the permit, or approve the permit subject to modifications agreed to by the permit applicant.

AB820-AA1,14,10 (6) The officer issuing a permit under this section may include requirements or conditions consistent with s. Trans 254 or 255, Wis. Adm. Code.

AB820-AA1,14,12 (7) (a) A permit issued under this section is valid only for the vehicles, routes, and activities described in the application and permit.

AB820-AA1,14,14 (b) The officer issuing a permit under this section may suspend a permit or any of its conditions because of seasonal highway conditions.

AB820-AA1,14,18 (c) A condition of a permit issued under this section may not modify any law or regulation limiting loads because of local conditions, including load limits on bridges and highways, seasonal weight restrictions, or load limits imposed because of construction.

AB820-AA1,14,21 (d) A permit issued under this section is not valid during periods when adverse weather or road conditions, such as fog, smoke, heavy rain, snow, ice, or wind velocity impair the safety of a movement under the permit.

AB820-AA1,14,24 (e) The operation authorized by a permit issued under this section includes the movement of an empty vehicle to and from the place of pickup or delivery of the permitted load.

AB820-AA1,15,5 (f) The operator of a vehicle that is covered by a permit issued under this section and that exceeds height limitations shall ensure that the vehicle is clear of all overhead structures along the route by not less than 3 inches. If the vehicle strikes an overhead structure, the permit issued under this section is invalid effective at the time that the overhead structure is struck.

AB820-AA1,15,9 (8) Prior to issuing a permit under this section, the issuing authority may require payment of a fee not to exceed the estimated cost of filing the individual permit applications under s. 348.26 that would be necessary to authorize the activity covered by a permit issued under this section.

AB820-AA1,15,12 (9) A company may obtain additional permits under s. 348.26 or 348.27 for vehicles or equipment identified in a permit issued under this section to authorize activities not authorized by the permit issued under this section.

AB820-AA1,33L Section 33L. 2019 Wisconsin Act 9, section 9437 (5f) is amended to read:

AB820-AA1,15,16 [2019 Wisconsin Act 9] Section 9437 (5f) The treatment of s. 78.12 (4) (a) 2., 3., and 4. and (5) takes effect on the first day of the year that occurs after the effective date of this subsection January 1, 2024.”.

AB820-AA1,15,17 7. Page 16, line 17: after that line insert:

AB820-AA1,15,20 “(2) Oversize or overweight permit form. The department of transportation shall make available the form required under s. 348.265 (3) no later than the first day of the 3rd month following the effective date of this subsection.

AB820-AA1,34m Section 34m. Initial applicability.

AB820-AA1,15,23 (1) This act first applies to a contract advertised for bids on the effective date of this subsection.”.

AB820-AA1,15,24 (End)