Chapter ATCP 92

ATCP 92.30(6) (6) Vehicle scales; construction variances.

ATCP 92.30(6)(a) (a) The department may grant a variance from a construction requirement under sub. (3) if the department determines that the variance is justified by special circumstances and will not compromise the structural integrity or accuracy of the scale. The department may impose any conditions on the variance, including alternative construction requirements, which it considers necessary.

ATCP 92.30(6)(b) (b) A person applying for a variance under par. (a) shall submit the application in writing, on a form provided by the department. The application shall include all of the following:

ATCP 92.30(6)(b)1. 1. A detailed written justification for the variance. The justification shall demonstrate that the proposed variance is justified by special circumstances and will not compromise the structural integrity or accuracy of the scale.

ATCP 92.30(6)(b)2. 2. A nonrefundable variance application fee of $150.

ATCP 92.30(6)(c) (c) The department may deny a variance application under par. (b) if the requester begins construction in violation of any requirement under sub. (3) before the department grants a variance from that requirement.

ATCP 92.30 Note Note: A variance application form under sub. (6) (b) may be obtained at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

ATCP 92.30 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.

ATCP 92.30(7) (7) Vehicle and livestock scales; annual testing.

ATCP 92.30(7)(a) (a) The owner or operator of a vehicle or livestock scale with a weighing capacity of 5,000 pounds or more that is used for the commercial weighing of commodities or livestock shall at least annually cause the scale to be inspected and tested for accuracy by a person licensed under s. ATCP 92.20 (1). The person performing the inspection and test shall prepare a written inspection and test report for the scale owner or operator.

ATCP 92.30(7)(b) (b) If a report under par. (a) shows that a scale is inaccurate, the scale may not be used until a person licensed under s. ATCP 92.20 (1) re-inspects and retests the scale and delivers a written report to the scale owner or operator confirming that the inaccuracy has been corrected.

ATCP 92.30(7)(c) (c) The owner or operator of a vehicle or livestock scale shall file with the department a copy of each report prepared in connection with the inspection or testing of that scale, including any report required under par. (a) or (b), not more than 15 days after the owner or operator receives the test report and not more than 30 days after the reported inspection or test occurred.

ATCP 92.30(7)(d) (d) If the department finds that a vehicle scale operator who is required to be licensed under s. ATCP 92.31 (1) has failed to file a vehicle scale inspection or test report as required by par. (c), the department shall assess against that operator a license surcharge of $200. The department may not issue or renew an annual license under s. ATCP 92.31 (1) if the operator fails to include the amount of any unpaid surcharge assessed under this paragraph with the operator’s annual license application. The department may suspend or revoke an annual license if the license holder fails to pay a surcharge assessed under this paragraph within 120 days after the department assesses the surcharge. A surcharge payment under this paragraph does not relieve a vehicle scale operator of any other civil or criminal liability for violating sub. (1), but is not evidence of a violation.

ATCP 92.30 Note Note: The testing and reporting requirements under sub. (7) (a) to (c) apply to all vehicle scales and livestock scales. However the license surcharge under par. (d) applies only to vehicles scales whose operators are required to be licensed under s. ATCP 92.31 (1). See surcharge authorization in s. 98.16 (3m) (c), Stats. Violations by vehicle scale or livestock scale operators are also subject to penalties under s. 98.26, Stats.

ATCP 92.30(8) (8) Rejection notice. A department weights and measures inspector or a municipal weights and measures sealer may issue a rejection notice under s. 98.05 (2), Stats., prohibiting the commercial use of a vehicle or livestock scale which does not comply with this section.

ATCP 92.30(9) (9) Exemptions. Subsections (1) to (6) do not apply to any of the following:

ATCP 92.30(9)(a) (a) A vehicle scale that is used for less than one year at the same location.

ATCP 92.30(9)(b) (b) Portable vehicle scales installed with all of the following:

ATCP 92.30(9)(b)1. 1. Durable load bearing foundations that comply with the vehicle scale manufacturer’s engineering drawings and specifications.

ATCP 92.30(9)(b)2. 2. Durable vehicle approaches that provide adequate drainage away from the scale and easy access for the department or a scale service company to test compliance with s. ATCP 92.02 (1).

ATCP 92.30(9)(b)3. 3. Durable approach bulkheads that provide a barrier between the scale’s weighing element, approach material, and run off.

ATCP 92.30(9)(c) (c) A vehicle scale used exclusively for highway construction if that use is supervised by the state of Wisconsin department of transportation.

ATCP 92.30 Note Note: Scales identified under sub. (9) are not exempt from s. ATCP 92.02, from licensing requirements under s. 98.16, Stats., or from the testing requirement under s. 98.16 (3m), Stats.

ATCP 92.30 History History: Cr. Register, December, 1991, No. 432, eff. 1–1–92; am. (1), (3) (b) 3., (c) 1. and 3., (e) 1. and 3., and (h), r. and recr. (8), Register, December, 1995, No. 480, eff. 1-1-96; CR 02-141: renum. from ATCP 92.03 Register August 2003 No. 572, eff. 9-1-03; CR 09-105: am. (title), (2) (title), (3) (title), (intro.), (4) (title), (5) (f), r. and recr. (1), (5) (title), (a), (6), renum. (7), (8) to be (8), (9), cr. (7) Register December 2010 No. 660, eff. 1-1-11; correction in (5) (f) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; CR 13-043: am. (1) (c), (3) (e) 2., (6) (title) Register February 2014 No. 698, eff. 5-1-14; CR 18-019: am. (9) (intro.) (Register January 2020 No. 769, eff. 2-1-20.

ATCP 92.31 ATCP 92.31 Vehicle scale; license to operate.

ATCP 92.31(1) (1) License required. No person may operate a vehicle scale without a license from the department, as provided under s. 98.16, Stats. A separate license is required for each scale. A license is not transferable between persons, scales, or scale locations. A license expires on March 31 annually.

ATCP 92.31(2) (2) License application. A person applying for a license under sub. (1) shall apply on a form provided by the department. The application shall include all the following:

ATCP 92.31(2)(a) (a) The applicant’s correct legal name and business address, and any trade name under which the applicant proposes to operate the vehicle scale.

ATCP 92.31(2)(b) (b) The nature and location of the vehicle scale.

ATCP 92.31(2)(c) (c) The fees and surcharges required under sub. (3).

ATCP 92.31(2)(d) (d) Other information that the department reasonably requires for licensing purposes.

ATCP 92.31 Note Note: A license application form under sub. (2) (d) may be obtained at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

ATCP 92.31 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.

ATCP 92.31(3) (3) License fees and surcharges. A person applying for a vehicle scale license under sub. (1) shall pay the following fees and surcharges:

ATCP 92.31(3)(a) (a) An annual license fee of $115 for each vehicle scale.

ATCP 92.31(3)(b) (b) A license surcharge of $200 if the department determines that, within one year before submitting the license application, the applicant operated a vehicle scale without a license in violation of sub. (1). A surcharge payment under this paragraph does not relieve the applicant of any other civil or criminal liability for violating sub. (1), but is not evidence of a violation.

ATCP 92.31(3)(c) (c) Any unpaid license surcharge that has been assessed against the license applicant under s. ATCP 92.30 (7) (d).

ATCP 92.31(3)(d) (d) Reinspection fees, if any, required under s. ATCP 92.60.

ATCP 92.31(4) (4) Action on license application. The department shall grant or deny a license application under sub. (2) within 20 business days after the department receives a complete application.

ATCP 92.31(5) (5) Exemption. Subsection (1) does not apply to a person who operates a vehicle scale only as an employee of a person who is required to hold a license under sub. (1).

ATCP 92.31 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03; CR 09-105: am. (title), (2) (c), r. and recr. (3) Register December 2010 No. 660, eff. 1-1-11; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2010, No. 660.

subch. V of ch. ATCP 92 Subchapter V — Liquefied Petroleum Gas

ATCP 92.40 ATCP 92.40 Thermometer and thermometer well specifications.

ATCP 92.40(1) (1) Every meter used for the liquid measurement of liquefied petroleum gas sold or delivered to consumers shall be equipped with a thermometer well. The well shall extend into the flowing liquid either in the liquid chamber of the meter or in the meter inlet or discharge line immediately adjacent to the meter.

ATCP 92.40(2) (2) The thermometer well shall be constructed so as to permit insertion of a Fahrenheit thermometer which has one-degree graduations, spaced at least 0.04 inch apart.

ATCP 92.40 History History: CR 02-141: renum. from ATCP 92.05 (1) Register August 2003 No. 572, eff. 9-1-03; CR 14-047: am. (2) Register May 2015 No. 713, eff. 6-1-15.

ATCP 92.41 ATCP 92.41 Manual volume correction. When liquefied petroleum gas is sold or delivered to consumers by liquid measurement through use of a liquid meter that is not equipped with an automatic temperature compensating mechanism, then its volume shall be corrected to a temperature of 60° F. through use of the volume correction factor table set forth in this paragraph. To correct measured volume to volume at 60° F., determine the temperature of the liquid after midpoint in the delivery from the thermometer referred to in s. ATCP 92.40, find the observed temperature in the temperature column in the table, refer to the appropriate column for the product delivered, read the volume conversion factor opposite the observed temperature, and multiply the volume delivered as indicated by the meter by the factor to obtain the volume at 60° F.

- See PDF for table

ATCP 92.41 History History: CR 02-141: renum. from ATCP 92.05 (2) Register August 2003 No. 572, eff. 9-1-03; correction made under s. 13.93 (2m) (b) 7., Stats., Register August 2003 No. 572.

ATCP 92.42 ATCP 92.42 Sales tickets.

ATCP 92.42(1) (1) When delivery of liquefied petroleum gas is made through a liquid meter equipped with an automatic temperature compensating mechanism, the word “gallon” or any abbreviation thereof shall not appear alone on the sales ticket but shall be immediately preceded or followed by the words“automatically corrected to 60° F.” in the same size and style of type.

ATCP 92.42(2) (2) When delivery of liquefied petroleum gas is made through a liquid meter not equipped with an automatic temperature compensating mechanism, the sales ticket shall show the delivered gallons, the temperature of the liquid at the time of delivery, the volume correction factor, and the corrected gallonage. Wherever a statement of corrected gallonage appears on the sales ticket the words “corrected to 60° F.” shall appear immediately adjacent thereto.

ATCP 92.42 History History: CR 02-141: renum. from ATCP 92.05 (3) Register August 2003 No. 572, eff. 9-1-03.

ATCP 92.43 ATCP 92.43 Liquified petroleum gas meter; license to operate.

ATCP 92.43(1) (1) License required.

ATCP 92.43(1)(a) (a) Except as provided in par. (b), no person may operate a liquefied petroleum gas meter without an annual license from the department. An annual license expires on November 30. A separate license is required for each liquefied petroleum gas meter. A license is not transferable between persons or meters.

ATCP 92.43(1)(b) (b) Paragraph (a) does not apply to an individual who operates a liquefied petroleum gas meter only as an employee of a person who holds a license under par. (a) to operate that meter.

ATCP 92.43(2) (2) License application. A person shall apply for a license under sub. (1) on an application form provided by the department. The application shall include a test report that complies with s. ATCP 92.45 and shows the liquefied petroleum gas meter is correct.

ATCP 92.43 Note Note: An application form under sub. (2) may be obtained at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

ATCP 92.43 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.

ATCP 92.43(3) (3) License fees and surcharges. An application under sub. (2) shall include all of the following fees and surcharges:

ATCP 92.43(3)(a) (a) A license fee of $40 for each liquefied petroleum gas meter for the license year December 1, 2011, to November 30, 2012, and a license fee of $60 for each liquefied petroleum gas meter for license years beginning after November 30, 2012.

ATCP 92.43(3)(b) (b) A surcharge of $200 if the department determines that, within one year prior to submitting the application, the applicant operated the liquefied petroleum gas meter without the license required under sub. (1). A surcharge payment under this paragraph does not relieve the applicant of any other civil or criminal liability for violating sub. (1), but is not evidence of a violation.

ATCP 92.43(3)(c) (c) A surcharge of $200 if the department determines that, within one year prior to submitting the application, the applicant failed to comply with a test reporting requirement under s. ATCP 92.45. A surcharge payment under this paragraph does not relieve the applicant of any other civil or criminal liability for violating s. ATCP 92.45, but is not evidence of a violation.

ATCP 92.43(3)(d) (d) Reinspection fees, if any, required under s. ATCP 92.60.

ATCP 92.43(4) (4) Action on license application. The department shall grant or deny a license application under sub. (2) within 20 business days after the department receives a complete application.

ATCP 92.43 History History: CR 02-141: renum. from ATCP 92.05 (4) Register August 2003 No. 572, eff. 9-1-03; CR 09-105: r. and recr. Register December 2010 No. 660, eff. 1-1-11.

ATCP 92.45 ATCP 92.45 Liquified petroleum gas meter; testing and reporting. The operator of a liquid petroleum gas meter shall at least annually have the meter tested for accuracy by a person who is licensed under s. ATCP 92.20 (1) to perform the testing. The person performing the test shall provide the meter operator with a written report of test results. The meter operator shall provide a copy of the test report to the department within 30 days after the testing is completed, and shall retain the test report for at least 3 years.

ATCP 92.45 Note Note: A tester may, on behalf of a meter operator, provide a copy of a test report to the department as required under s. ATCP 92.45. However, the meter operator is ultimately responsible for ensuring that the department receives a copy of the test report.

ATCP 92.45 History History: CR 09-105: cr. Register December 2010 No. 660, eff. 1-1-11.

subch. VI of ch. ATCP 92 Subchapter VI — Vehicle Tank Meters

ATCP 92.50 ATCP 92.50 Vehicle tank meter; license to operate.

ATCP 92.50(1) (1) License required.

ATCP 92.50(1)(a) (a) Except as provided in par. (b), no person may operate a vehicle tank meter without an annual license from the department. An annual license expires on October 31. A separate license is required for each vehicle tank meter. A license is not transferable between persons or vehicle tank meters.

ATCP 92.50(1)(b) (b) Paragraph (a) does not apply to an individual who operates a vehicle tank meter only as an employee of a person who holds a license under par. (a) to operate that vehicle tank meter.

ATCP 92.50(2) (2) License application. A person shall apply for a license under par. (a) on a form provided by the department. The application shall include all of the following:

ATCP 92.50(2)(a) (a) A test report that complies with s. ATCP 92.52 and shows that the vehicle tank meter is accurate.

ATCP 92.50(2)(b) (b) The license fees and surcharges required under sub. (3).

ATCP 92.50 Note Note: An application form under sub. (2) may be obtained at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

ATCP 92.50 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.

ATCP 92.50(3) (3) License fees and surcharges. An application under par. (b) shall include all of the following fees and surcharges:

ATCP 92.50(3)(a) (a) A license fee of $40 for each vehicle tank meter for the license year beginning on November 1, 2011, and ending on October 31, 2012.

ATCP 92.50(3)(b) (b) A license fee of $60 for each vehicle tank meter for all license years beginning after October 31, 2012.

ATCP 92.50(3)(c) (c) A surcharge of $200 if the department determines that within one year prior to submitting the application, the applicant operated the vehicle tank meter without a license required under par. (a) or (b). A surcharge payment under this paragraph does not relieve the applicant of any other civil or criminal liability for violating sub. (1), but is not evidence of a violation.

ATCP 92.50(3)(d) (d) A surcharge of $200 if the department determines that, within one year prior to submitting the application, the applicant failed to comply with the reporting requirement under s. ATCP 92.52. A surcharge payment under this paragraph does not relieve the applicant of any other civil or criminal liability for violating s. ATCP 92.52, but is not evidence of a violation.

ATCP 92.50(3)(e) (e) Reinspection fees, if any, required under s. ATCP 92.60.

ATCP 92.50(4) (4) Action on license application. The department shall grant or deny a license application under sub. (2) within 20 business days after the department receives a complete application.

ATCP 92.50 History History: CR 09-105: cr. Register December 2010 No. 660, eff. 1-1-11; CR 13-043: am. (3) (d) Register February 2014 No. 698, eff. 5-1-14.

ATCP 92.52 ATCP 92.52 Vehicle tank meter; testing and reporting. The operator of a vehicle tank meter shall at least annually have the meter tested for accuracy by a person who is licensed under s. ATCP 92.20 (1) to perform the testing. The person performing the test shall provide the meter operator with a written report of test results. The meter operator shall provide a copy of the test report to the department within 30 days after the testing is completed, and shall retain the test report for at least 3 years.