Chapter Trans 259

Trans 259.01 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 259.02 Trans 259.02 Definitions.

Trans 259.02(1) (1) Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01 (2), Stats., and s. Trans 250.02 apply to this chapter.

Trans 259.02(2) (2) As used in this chapter:

Trans 259.02(2)(a) (a) “Fruit or vegetable” means the edible part of plants and the inedible part of plants which are commonly harvested and sold with the edible parts.

Trans 259.02(2)(b) (b) “Issuing authority” means department of transportation.

Trans 259.02(2)(c) (c) “Permit” means raw forest, fruits or vegetables permits authorized under s. 348.27 (9m), Stats.

Trans 259.02 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (2) (a), r. (2) (d), Register, November, 1997, No. 503, eff. 12-1-97.

Trans 259.03 Trans 259.03 Permit application.

Trans 259.03(1) (1) An application for a permit shall be submitted to an issuing authority on a form approved by the department, and in accordance with s. 348.27, Stats.

Trans 259.03(2) (2) An application for a permit for the use of a state trunk highway shall be made to the department in any of the following ways:

Trans 259.03(2)(a) (a) In person, at the department’s central or region offices.

Trans 259.03(2)(b) (b) By mail, addressed to the department’s central office.

Trans 259.03 Note Note: Permit application procedures are in s. Trans 250.025.

Trans 259.03 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Trans 259.04 Trans 259.04 Eligibility.

Trans 259.04(1) (1) Any vehicle or vehicle and load to be considered as operating under a permit shall satisfy the requirements for a permit under s. 348.25, Stats.

Trans 259.04(2) (2) An issuing authority may issue a permit only for an overweight vehicle or an overweight vehicle combination.

Trans 259.04(3) (3) A permit may be issued for the transportation of raw forest products as defined in s. 348.01 (2) (bt), Stats. Operation under a permit may include movement from a location where raw forest products have been cut, stored or processed.

Trans 259.04(4) (4) A permit may be issued for the transportation of fruits or vegetables from the field to storage or processing facilities.

Trans 259.04(5) (5) A permit may be issued for the transportation of bulk potatoes from storage to railroad loading facilities in accordance with s. 348.27 (9m) (a) 2., Stats.

Trans 259.04(6) (6) An issuing authority may issue a permit only for a vehicle equipped with pneumatic tires.

Trans 259.04(7) (7) A permit is not a guarantee of the sufficiency of any highway or structure for the transporting of the vehicle, load, or vehicle and load.

Trans 259.04 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (3), renum. (5) and (6) to be (6) and (7), cr. (5), Register, November, 1997, No. 503, eff. 12-1-97.

Trans 259.05 Trans 259.05 Validity.

Trans 259.05(1) (1) A permit is valid only for the vehicle described in the application and permit.

Trans 259.05(2) (2) No condition of a permit may 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.

Trans 259.05(3) (3) An issuing authority may suspend a permit, any of its conditions, due to seasonal highway conditions.

Trans 259.05 Note Note: Examples of seasonal highway conditions include spring thaw, flooding, and traffic congestion.

Trans 259.05(4) (4) Operation under a permit includes the movement of an empty vehicle to and from the place of pickup or delivery of the permitted load.

Trans 259.05 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 259.06 Trans 259.06 Registration requirements.

Trans 259.06(1) (1) A vehicle or operating under a permit shall be registered as required by Wisconsin statutes, and shall be registered at not less than the permit weight or at the maximum available registration weight, whichever is less.

Trans 259.06(2) (2) All other operational permits required by the department or other agencies having jurisdiction shall be obtained.

Trans 259.06 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488.

Trans 259.07 Trans 259.07 Driver and operating requirements.

Trans 259.07(1) (1) The driver of a vehicle operating under a permit shall carry the permit in the vehicle to which it applies and shall have the permit available for inspection by any police officer, representative of the issuing authority, or person in charge of the maintenance of the highway being used.

Trans 259.07(2) (2) The driver of a vehicle operating under a permit shall, whenever reasonable and practicable, maintain a distance of not less than 1,000 feet between the vehicle with the permit and any vehicle the driver is following, unless actually engaged in overtaking and passing another vehicle.

Trans 259.07(3) (3) The driver of a vehicle operating under a permit shall allow traffic approaching or overtaking the permitted vehicle to pass, where it is safe to do so.

Trans 259.07(4) (4) Unless a lower speed is specified in the permit, [a] vehicle operating under a permit may be operated at the posted speed limit.

Trans 259.07(5) (5) The right wheels of the towed unit may not leave the roadway, except to allow traffic to pass.

Trans 259.07 Note Note: A “roadway” does not include paved or unpaved shoulders. s. 340.01 (54), Stats.

Trans 259.07 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 259.08 Trans 259.08 Maximum size, weight and loading limitations.

Trans 259.08(1) (1) The maximum axle, axle combination, and total weight limitations authorized by a permit may not be exceeded.

Trans 259.08(2) (2) Wheels on one side of the transporting vehicle may not carry more than 60% of the total gross load.

Trans 259.08 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 259.09 Trans 259.09 Times of operation. Except as otherwise specified in a permit, a vehicle, load, or vehicle and load that is overweight may operate 24 hours a day, including weekends and holidays.

Trans 259.09 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 259.10 Trans 259.10 Route limitations. A permit is valid on all public highways in the state which are not posted for weight limits, except that a permit is not valid on the national system of interstate and defense highways.

Trans 259.10 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 259.11 Trans 259.11 Transfers. In the event of a breakdown or other circumstance requiring a change of the power unit identified on the permit, transfers to another vehicle, under the control of the permittee, may be made following the completion of a new application and the issuance of a new permit. The words, “This is a transfer from permit # ,” shall be written on the bottom of the application. The original permit shall be sent to the issuing authority with the transfer application.

Trans 259.11 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 259.12 Trans 259.12 Insurance and liability conditions.

Trans 259.12(1) (1) In applying for and accepting a permit, a permittee agrees to:

Trans 259.12(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 259.12(1)(b) (b) Hold the state, its subdivisions, officers, employes and agents harmless from any claim which may arise from operation over public highways under the permit.

Trans 259.12(2) (2) Whether or not insurance, bond, or deposit as set forth in sub. (7) is required, the permittee shall be liable for all damage which any highway or its appurtenances may sustain by reason of any operation under the permit.

Trans 259.12(3) (3) An issuing authority may waive insurance requirements for permits issued to government.

Trans 259.12(4) (4) Where a certificate of insurance is required, no insurer may cancel the certificate of insurance without providing the issuing authority 10 days advance written notice of the cancellation.

Trans 259.12(5) (5) An issuing authority may require a permittee to provide more bodily injury damage liability coverage than is set forth in sub. (6).

Trans 259.12(6) (6) The following insurance amounts are required:

- See PDF for table

Trans 259.12(7) (7) A permittee shall certify, and may be required to present satisfactory written evidence, that the amount of insurance coverage given in sub. (6), or a bond in a form satisfactory to the issuing authority, will 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 issuing authority.

Trans 259.12 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 259.13 Trans 259.13 General conditions and requirements. A permittee shall comply with all applicable statutes, ordinances, rules and policies of any state agency or subdivision of the state, unless they are modified by the conditions of the permit.

Trans 259.13 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 259.14 Trans 259.14 Denial, suspension or revocation of permit.

Trans 259.14(1) (1) An issuing authority 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:

Trans 259.14(1)(a) (a) Violation of any condition of a permit.

Trans 259.14(1)(b) (b) Preventing an employe of an issuing authority or a law enforcement officer from performing his or her official duties, or interfering with the lawful performance of his or her duties.

Trans 259.14(1)(c) (c) Physically assaulting an employe of an issuing authority or a law enforcement officer while performing his or her official duties.

Trans 259.14(1)(d) (d) Making a material misstatement in an application for a permit.

Trans 259.14(1)(e) (e) Unauthorized alteration of a permit.

Trans 259.14(1)(f) (f) Refusal or failure, without just cause, to produce required records.

Trans 259.14(1)(g) (g) Payment of an application fee with a worthless check.

Trans 259.14(1)(h) (h) Violation of any other applicable provision under ch. 348, Stats., or this chapter.

Trans 259.14(2) (2) A permittee shall immediately return a suspended or revoked permit to the issuing authority, after receiving notice from the issuing authority of the suspension or revocation of the permit.

Trans 259.14 Note Note: If a permit is denied, suspended, or revoked, an applicant or permittee may request a hearing before the division of hearings and appeals, pursuant to s. 348.25 (9), Stats.

Trans 259.14 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.