Trans 258.06
Trans 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 Note
Note: 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 Note
Note: 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 History
History: 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 258.07
Trans 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 History
History: Cr.
Register, August, 1996, No. 488, eff. 9-1-96.
Trans 258.08
Trans 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 History
History: 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 258.09
Trans 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.
Trans 258.09(1)(f)
(f) Refusal or failure, without just cause, to produce required records.
Trans 258.09(1)(g)
(g) Nonpayment of the application fee or payment by a check that is subsequently dishonored by the drawee or bank.
Trans 258.09(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 258.09(1)(i)
(i) Violation of any other applicable provision under
ch. 348, Stats., or this chapter.
Trans 258.09(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 258.09 Note
Note: 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 258.09 History
History: Cr.
Register, August, 1996, No. 488, eff. 9-1-96.
Trans 258.10(1)(1) Except as provided in this subsection, the seed potato route shall be the route specified in
sub. (2). In the event the department concludes that all or any portion of the potato route defined in
sub. (2) should not be traversed by trucks under a permit issued pursuant to this chapter, the department may declare the establishment of an alternative potato route. The declaration of an alternative potato route shall have the effect of changing the definition of “seed potato route" in
s. Trans 258.02 (3) to the route described in
sub. (3). During any period when an alternative potato route is in effect, a permit issued under this chapter is not valid for the purpose of crossing any bridge along the seed potato route described in
sub. (2) that is not part of the declared alternative route, even if such location would otherwise be within 15 road miles of the declared alternative route upon which travel would normally be permitted under
s. Trans 258.06 (4) (b). Traversing any bridge in violation of this subsection shall be grounds for revocation of the permit.
Trans 258.10(2)
(2) “Seed potato route" means STH 64 between Langlade County Trunk “H" and U.S. highway 41 in Langlade, Oconto and Marinette counties and U.S. highway 41 between STH 64 and the Wisconsin-Michigan border, unless an alternative potato route is declared under this section.
Trans 258.10(3)
(3) The alternative potato route shall be STH 64 between Langlade County Trunk “H" and STH 55 at Langlade, STH 55 from STH 64 at Langlade to STH 52 in Lily, STH 52 from STH 55 in Lily to STH 32 west of Wabeno, STH 32 from STH 55 west of Wabeno to STH 64 in Forest [Oconto] county, STH 64 from its intersection with STH 32 in Forest [Oconto] county to U.S. highway 41 in Marinette county, and U.S. highway 41 between STH 64 and the Wisconsin-Michigan border.
Trans 258.10 Note
Note: The highway segments identified as in Forest county are actually in Oconto county.
Trans 258.10(4)
(4) The department may declare the alternate route specified in
sub. (3) by doing any of the following:
Trans 258.10(4)(a)
(a) Publishing notice of the declaration of alternative route in a newspaper of general distribution in the Antigo area.
Trans 258.10 History
History: Cr.
Register, August, 1996, No. 488, eff. 9-1-96.
