Trans 258.01Trans 258.01 Purpose. The purpose of this chapter is to establish standards and procedures for the issuance of overweight permits for the transportation of seed potatoes, and the configuration standards for vehicles engaged in seed potato transportation pursuant to s. 348.27 (9t), Stats. Trans 258.01 HistoryHistory: Cr. Register, August, 1996, No. 488, eff. 9-1-96. Trans 258.02(2)(2) “Seed potatoes” means potatoes intended to be planted as a crop. Trans 258.02 HistoryHistory: Cr. Register, August, 1996, No. 488, eff. 9-1-96. Trans 258.03(1)(1) The department may issue annual or consecutive month permits for the transportation of seed potatoes in vehicles meeting the requirements of this chapter. A permit issued under this chapter shall also permit operation of the unladened vehicle on the seed potato route for the purpose of picking up a load of seed potatoes. A permit issued under this chapter is not suspended by a general suspension of multiple trip divisible load permits unless such a suspension specifically includes seed potato overweight permits. The permit shall consist of one or more cover pages, all attachments thereto, and a copy of this chapter. Trans 258.03(2)(2) A permit issued under this chapter is not a guarantee of the sufficiency of any highway or structure for the transporting of the vehicle or load, or both. Trans 258.03 HistoryHistory: Cr. Register, August, 1996, No. 488, eff. 9-1-96. Trans 258.04(1)(1) An application for a permit shall be submitted on a department form and shall include the following: Trans 258.04(1)(b)(b) The name, address and telephone number of the applicant’s insurer and the applicant’s policy number and policy expiration date. Trans 258.04(1)(c)(c) The date on which the applicant seeks to have the permit first become valid, not more than 60 days later than the date of application. Trans 258.04(1)(d)(d) The overall weight and height of the vehicle, trailer length, and the gross weight of the vehicle. Trans 258.04(1)(e)(e) An indication of whether the vehicle is a combination vehicle and the type of combination, a description of the vehicle power unit and the complete vehicle identification number for the power unit. Trans 258.04(1)(g)(g) An indication of the number of pneumatic tires and maximum gross weight for each axle on the vehicle. Trans 258.04(1)(j)(j) An affirmation that the owner has insurance in the amounts required by this chapter or such higher amount as may be required by the department and that the person accepts the terms of the issuance of a permit under this chapter. Trans 258.04(1)(k)(k) For each access route permitted under s. Trans 258.06 (4) (b) for which the applicant seeks authority to operate, written proof that permission for operation on access routes has been granted by any local authority or person in charge of maintaining those highways. Trans 258.04(2)(2) A permit application may be submitted in person or by mail to the motor carrier services section permit unit. Trans 258.04 NoteNote: Permit application procedures are specified in s. Trans 250.025. The Motor Carrier Services Section Permit Unit of the Wisconsin Department of Transportation is located at 4802 Sheboygan Avenue, Room 151, P.O. Box 7980, Madison, WI 53707. Permit applications may be obtained from that unit. Trans 258.04 HistoryHistory: Cr. Register, August, 1996, No. 488, eff. 9-1-96. Trans 258.05Trans 258.05 Eligibility. The department may issue permits for combination vehicles under this chapter only to applicants that meet all of the following requirements: Trans 258.05(1)(1) Statutory requirements. The vehicle and any load satisfies the requirements for a permit under s. 348.25, Stats. Trans 258.05(2)(2) Seed potato transportation only. The application may not seek authority to transport any commodity or goods other than seed potatoes. Trans 258.05(3)(3) Maximum size. The vehicle may not exceed 8 feet 6 inches in width, nor 13 feet 6 inches in height, nor may any trailer exceed 53 feet in length. Trans 258.05(4)(4) Pneumatic tires. The combination vehicle shall be equipped with pneumatic tires. Trans 258.05(5)(5) Non-steering axle tires. All of the vehicle’s non-steering axles shall be equipped with at least 4 tires. Trans 258.05(6)(6) Six axle minimum. The vehicle shall have a minimum of 6 axles, 3 of which are part of the trailer. Trans 258.05(7)(7) Maximum gross weight. The vehicle, including any load, may not exceed 90,000 pounds gross weight, nor the weight limitations of s. 348.15 (3) (c), Stats., by more than 10,000 pounds. Trans 258.05(8)(8) Maximum axle weights. Axle weights may not exceed any of the following: Trans 258.05(8)(c)(c) 16,000 pounds for each axle of a tandem axle, except that on combination vehicles with a gross weight of more than 73,280 pounds, only one tandem axle may have weight above 16,000 pounds, and each additional tandem axle may have an axle weight of not more than 13,000 pounds. Trans 258.05(8)(d)(d) 16,500 pounds on each trailer axle of a 3 axle group separated by no less than 3 feet 6 inches and no more than 9 feet. Trans 258.05(8)(e)(e) 13,000 pounds on each trailer axle in a group of 4 or more separated by no less than 3 feet 6 inches. Trans 258.05(9)(9) Four tires per axle. Axles with less than 4 tires may not be considered for purposes of completing any weight calculation under sub. (8). Trans 258.05(10)(10) Balanced load. Wheels on one side of the vehicle may not carry more than 60 percent of the load. Trans 258.05 HistoryHistory: Cr. Register, August, 1996, No. 488, eff. 9-1-96. Trans 258.06Trans 258.06 Validity. A permit issued under this chapter is valid only if all of the following conditions are met: Trans 258.06(1)(1) Permitted vehicle only. It is used for the combination vehicle described in the application and permit. Trans 258.06(2)(2) Permit conditions followed. All conditions of the permit are met, including all maximum axle, axle combination, total weight and length limitations, and restrictions on speed, time or route of travel. Trans 258.06(3)(3) Vehicle eligible for permit. The vehicle meets all the requirements of this chapter. Trans 258.06(4)(4) Area of operation. The vehicle is operated on either of the following: Trans 258.06(4)(b)(b) Within 15 highway miles of the seed potato route in order to access the seed potato route, or to reach fuel, food, maintenance, repair, rest, staging, terminal facilities or points of loading and unloading if the driver possesses written proof that permission for operation on such access routes has been granted by any local authority or person in charge of maintaining the highway being used. Trans 258.06(6)(6) Permit carried on vehicle. The driver carries the permit in the vehicle and has the permit available for inspection by any police officer, representative of the department or any local authority or person in charge of maintaining the highway being used. Trans 258.06(7)(7) Obey posted weight limits. The vehicle does not exceed any posted weight limit for a bridge or highway or any temporary weight restriction due to construction or seasonal conditions. Trans 258.06(8)(8) Minimum following distance maintained. The driver maintains a distance of 1000 feet between the vehicle and any preceding vehicle on the highway, whenever reasonable and practical. Trans 258.06(9)(9) Allow passing. The driver allows approaching or overtaking traffic to pass. Trans 258.06(11)(11) Proper registration. The vehicle is registered at not less than the permit weight or at the maximum available registration weight, whichever is less. Trans 258.06(12)(12) Operation on pavement surface. The right wheels of the vehicle do not leave the roadway, except to allow traffic to pass. Trans 258.06(13)(a)(a) Consume any alcohol beverage within 4 hours of being on duty time, regardless of alcohol content. Trans 258.06 NoteNote: Section 346.63 (7) (a), Stats., is applicable to all drivers of commercial motor vehicles. Trans 258.06(14)(14) Driver properly licensed. The driver holds all required licenses bearing the proper classes and endorsements needed to operate the vehicle. Trans 258.06(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 258.06 NoteNote: Wisconsin does not apply time of day restrictions to permits issued under this chapter. These permits are valid through spring thaw and other seasonal permit suspensions, unless the suspension specifically includes seed potato overweight permits, s. Trans 258.03 (1). Trans 258.06 HistoryHistory: Cr. Register, August, 1996, No. 488, eff. 9-1-96; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675. Trans 258.07Trans 258.07 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 258.07 HistoryHistory: Cr. Register, August, 1996, No. 488, eff. 9-1-96. Trans 258.08Trans 258.08 Insurance and liability conditions. Trans 258.08(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 258.08(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 258.08(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 258.08(2)(2) The department may waive insurance requirements for permits issued to units of government. Trans 258.08(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 258.08(4)(4) Except as provided under sub. (5), the permittee shall carry insurance in either of the following minimum amounts: Trans 258.08(4)(a)(a) For bodily injury, $150,000 coverage for each person and $450,000 coverage for each accident; for property damage, $300,000 coverage for each accident. Trans 258.08(5)(5) A permittee shall certify, and may be required to present satisfactory written evidence, that the amount of insurance coverage required under sub. (4), 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 258.08 HistoryHistory: Cr. Register, August, 1996, No. 488, eff. 9-1-96; correction in (4) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520. Trans 258.09Trans 258.09 Denial, suspension or revocation of permit. Trans 258.09(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 258.09(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 258.09(1)(c)(c) Physically assaulting an employee of the department or a law enforcement officer while performing his or her official duties.
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