Trans 253.06 NoteNote: Section 346.63 (7) (a), Stats., is applicable to all drivers of commercial motor vehicles. Trans 253.06(14)(14) Driver properly licensed. The driver holds all required licenses bearing the proper classes and endorsements needed to operate the vehicle. Trans 253.06(15)(15) All other needed permits obtained. All other operational permits required by the department or other agencies having jurisdiction over the highways used by the permittee are obtained. Trans 253.06(16)(16) Adverse weather and road conditions. A permit is not valid during periods when adverse weather or road conditions, such as fog, smoke, heavy rain, snow or ice, or wind velocity, impair the safety of a movement under the permit. Trans 253.06 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97; correction in (5) made under s. 13.93 (2m) (b) 7., Stats. Trans 253.065(1)(1) Except as otherwise specified in a permit, a vehicle or load, or both, that is overweight, but not oversize, may operate 24 hours a day, including weekends and holidays. Trans 253.065(2)(2) Except as otherwise specified in a permit, no oversize vehicle or vehicle combination operating under a permit that is equal to or less than 12 feet in width, 13 1/2 feet in height, and 100 feet in length may operate: Trans 253.065(2)(b)(b) Between 4:00 p.m. and 11:00 p.m. on Friday between the 4th Friday in May and Labor Day. Trans 253.065(2)(c)(c) Between 4:00 p.m. and 11:00 p.m. on any holiday, or when Independence Day falls on Sunday, on the following Monday. Trans 253.065(2)(d)(d) Between 4:00 p.m. and 11:00 p.m. on the day before any holiday, except that this restriction does not apply to Independence Day when it falls on a Sunday. Trans 253.065(3)(3) In addition to the conditions provided in sub. (2), no oversize vehicle or vehicle combination operating under a permit that exceeds 12 feet in width, 13 1/2 feet in height, or 100 feet in length, may operate: Trans 253.065(3)(b)(b) During the period beginning at 12:00 noon on the day preceding and continuing until sunrise on the day following every Sunday and holiday. Trans 253.065(4)(4) The department may issue a permit for times other than those specified in sub. (1), (2) or (3), under extraordinary circumstances when, in the opinion of the department, public health and welfare is better served, and may impose additional conditions to promote the safe operation of the vehicle and load. Trans 253.065 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.07Trans 253.07 Transfers. In the event of a breakdown or other circumstance requiring a change of the power unit or trailer identified on the permit, the permit holder may transfer the permit to another vehicle, under the control of the permittee, following the completion of a new application and the issuance of a new permit. The words, “This is a transfer from permit #<original permit number>,” shall be written on the bottom of the application. Trans 253.07 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.08Trans 253.08 Insurance and liability conditions. Trans 253.08(1)(a)(a) Pay any claim for any bodily injury or property damage resulting from operation under the permit for which the permittee is legally responsible. Trans 253.08(1)(b)(b) Hold the state, its subdivisions, officers, employees and agents harmless from any claim which may arise from operation over public highways under the permit. Trans 253.08(1)(c)(c) Be liable for all damage which any highway or its appurtenances may sustain by reason of any operation under the permit. Trans 253.08(2)(2) The department may waive insurance requirements for permits issued to units of government. Trans 253.08(3)(3) Where a certificate of insurance is required, no insurer may cancel the certificate of insurance without providing the department 10 days advance written notice of the cancellation. Trans 253.08(4)(4) Unless different amounts are required under sub. (5), the permittee shall carry insurance in either of the following minimum amounts: Trans 253.08(5)(5) The department may require a permittee to provide more bodily injury or damage liability coverage than the minimum amounts specified in sub. (4). Trans 253.08(6)(6) A permittee shall certify, and may be required to present satisfactory written evidence, that the amount of insurance coverage required under sub. (4) or (5), or a bond in a form satisfactory to the department, shall be in effect for the vehicle and load designated in the permit while operating on the public highway, unless this requirement is expressly waived by the department. Trans 253.08 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.09Trans 253.09 Denial, suspension or revocation of permit. Trans 253.09(1)(1) The department may deny, suspend, or revoke a permit for good cause, pursuant to s. 348.25 (7), Stats. Grounds for the denial, suspension, or revocation of a permit include the following: Trans 253.09(1)(b)(b) Preventing an employee of the department or a law enforcement officer from performing his or her official duties, or interfering with the lawful performance of his or her duties. Trans 253.09(1)(c)(c) Physically assaulting an employee of the department or a law enforcement officer while performing his or her official duties. Trans 253.09(1)(f)(f) Refusal or failure, without just cause, to produce required records. Trans 253.09(1)(g)(g) Nonpayment of the application fee or payment by a check that is subsequently dishonored by the drawee or bank. Trans 253.09(1)(h)(h) Upon the request of the state of Michigan if that state has refused to issue permits to the permit holder or has suspended, revoked or cancelled a permit or license held by the permit holder for cause. Trans 253.09(1)(i)(i) Violation of any other applicable provision under ch. 348, Stats., or this chapter. Trans 253.09(2)(2) A permittee shall immediately return a suspended or revoked permit to the department after receiving notice from the department of the suspension or revocation of the permit. Trans 253.09 NoteNote: If a permit is denied, suspended, or revoked, an applicant or permittee may request a hearing before the Department of Administration Division of Hearings and Appeals, s. 348.25 (9), Stats. Trans 253.09 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97.
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