Chapter Trans 261

Trans 261.06 Note Note: Examples of seasonal highway conditions include spring thaw, flooding, and traffic congestion.

Trans 261.06(3) (3) 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 261.06(4) (4) 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 261.06(5) (5) 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 261.06 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 261.07 Trans 261.07 Registration requirements.

Trans 261.07(1) (1) A vehicle 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 261.07(2) (2) All other operational permits required by the department, the office of the commissioner of transportation or other agencies having jurisdiction shall be obtained.

Trans 261.07 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 261.08 Trans 261.08 Driver and operating requirements.

Trans 261.08(1) (1) The driver of a vehicle operating under a permit shall carry the approved 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 maintenance of the highway being used.

Trans 261.08(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 261.08(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 261.08(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 261.08 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 261.09 Trans 261.09 Maximum size and loading limitations.

Trans 261.09(1) (1) A mobile home or modular building section may extend beyond the front, the left and right sides, and the rear of the undercarriage, if the overhang is minimized.

Trans 261.09(2) (2) Wheels on one side of a transporting vehicle may not carry more than 60% of the total gross load.

Trans 261.09(3) (3) The width authorized by a permit refers to the outside-to-outside dimension of the towed unit not including roof overhang. The maximum width for the bottom of the roofline of the towed unit shall be measured separately.

Trans 261.09 Note Note: The outside-to-outside dimension of the unit encompasses protrusions such as windowsills, door knobs and other hardware.

Trans 261.09(4) (4) A permit may be issued for mobile homes and modular building sections having an outside-to-outside dimension not exceeding 15 feet in width, not including roof overhang. The maximum width for the bottom of the roofline of the towed unit shall be measured separately and may not exceed 16 feet. The maximum width of the roofline overhang on the left side of the towed unit may not exceed the maximum width of the roofline overhang on the right side of the towed unit.

Trans 261.09(5) (5) A permit may be issued for mobile homes and modular building sections that are not greater than 15 feet in total height.

Trans 261.09(6) (6) Vehicles and loads which, when reasonably divided, would not be oversize or overweight may not be transported under the permit.

Trans 261.09(7) (7) Loads which, when reasonably repositioned on the transporting vehicle, would not be oversize or overweight may not be transported under the permit.

Trans 261.09 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 01-093: am. (3) and (4), r. and recr. (5), r. (6) and (7), renum. (8) and (9) to be (6) and (7), June 2002 No. 558, eff. 7-1-02.

Trans 261.10 Trans 261.10 Equipment requirements.

Trans 261.10(1) (1) Lighting. An oversize vehicle, or a vehicle with an oversize load operating during the hours of darkness, shall be equipped with the following additional lamps:

Trans 261.10(1)(a) (a) For a vehicle with a load which extends beyond the width of the vehicle:

Trans 261.10(1)(a)1. 1. At the outermost extremity of the foremost edge of the projecting load, an amber lamp visible from the front and side.

Trans 261.10(1)(a)2. 2. At the outermost extremity at the rearmost edge of the projecting load, a red lamp visible from the rear and side.

Trans 261.10(1)(a)3. 3. Any portion of an overwidth load extending beyond the width of the foremost or rearmost edge of the vehicle or load, shall be marked with an amber lamp visible from the front, both sides, and rear.

Trans 261.10(1)(a)4. 4. If the overwidth portion of the load measures 3 feet or less from front to rear, that portion shall be marked with an amber lamp visible from the front, both sides and rear, except that if the overwidth projection is located at or near the rear it shall be marked by a red lamp visible from front, side and rear.

Trans 261.10(1)(b) (b) For a vehicle with a load which extends more than 4 feet beyond the rear of the vehicle:

Trans 261.10(1)(b)1. 1. On each side of the projecting load, one red lamp, visible from the side, located so as to indicate maximum overhang.

Trans 261.10(1)(b)2. 2. On the rear of the projecting load, 2 red lamps, visible from the rear, one at each side; and 2 red reflectors visible from the rear, one at each side, located so as to indicate maximum width.

Trans 261.10(1)(c) (c) All required lamps shall be illuminated whenever a vehicle is operated during hours of darkness. All lamps shall be visible at a distance of 500 feet.

Trans 261.10(2) (2) Warning lamps. When required by a permit, warning lamps shall be operated as follows:

Trans 261.10(2)(a) (a) All mobile homes and modular building sections over 12 feet in width shall have an operating amber flashing or revolving warning lamp a minimum of 8 feet above the roadway at the rear of the towed unit near its center point, visible 500 feet to the rear, or 2 such operating amber flashing or revolving warning lamps, at the left and right rear extremities of the towed unit located a minimum of 8 feet above the roadway and visible 500 feet to the rear.

Trans 261.10(2)(b) (b) All amber flashing or revolving warning lamps shall have a reflector at least 6 inches in diameter and shall be bright enough to be clearly visible and attention-attracting at a distance of 500 feet under all conditions when the load is on the highway, except when visibility is obstructed by a hillcrest, a curve, or an object such as another vehicle.

Trans 261.10(2)(c) (c) All power units, when transporting a mobile home or modular building section over 81⁄2 feet in width shall have 2 amber flashing or revolving warning lamps mounted above the cab. Flashers shall be mounted at least 8 feet above the roadway and shall be visible to the front. When 2 lamps are provided, they shall be mounted at the same level, shall be separated laterally as much as possible, and shall flash simultaneously.

Trans 261.10(2)(d) (d) All warning lamps shall flash at a rate of 30 to 90 times per minute.

Trans 261.10(2)(e) (e) Strobe lamps may be used in lieu of flashing or revolving lamps.

Trans 261.10(2)(f) (f) Warning lamps may not be operated when a vehicle is not operating under the permit.

Trans 261.10(3) (3) Flags.

Trans 261.10(3)(a) (a) When a vehicle, load, or vehicle and load is overlength, a single flag shall be fastened at the extreme rear of the load if the overlength or projecting portion is 2 feet wide or less.

Trans 261.10(3)(b) (b) When a vehicle, load, or vehicle and load is overlength, 2 flags shall be fastened at the rear of the load to indicate maximum width if the overlength or projecting portion is wider than 2 feet.

Trans 261.10(3)(c) (c) When a vehicle, load, or vehicle and load is overwidth, a flag shall be fastened at each front and rear corner of the load. In addition, if any part of the load is more than 4 inches wider than the width of load or vehicle at the front or rear, a flag shall be placed at the widest point of the load.

Trans 261.10(3)(d) (d) Each flag shall be solid red or orange in color, and not less than 18 inches square.

Trans 261.10(3)(e) (e) In order to wave freely, flags shall be securely fastened by at least one corner or securely mounted on a staff.

Trans 261.10(4) (4) Signs.

Trans 261.10(4)(a) (a) When a vehicle, load, or vehicle and load is more than 10 feet wide or is overlength, 2 warning signs shall be displayed. One sign shall be fastened at the front of the power unit and the other at either the rear of the towed unit or at the rear of the load.

Trans 261.10(4)(b) (b) Each sign shall state, in black letters on a yellow background, “OVERSIZE LOAD,” and may not be less than 7 feet long and 18 inches high. The letters of the sign may not be less than 10 inches high with a brush stroke of not less than 1.4 inches.

Trans 261.10(4)(c) (c) The sign message may not be displayed when the vehicle is not operating under the permit.

Trans 261.10(5) (5) Truck weight and tires. Unless otherwise provided in a permit:

Trans 261.10(5)(a) (a) The vehicle towing a mobile home or modular building section more than 81⁄2 feet in width but less than 12 feet in width shall be a truck of not less than 16,000 pounds manufacturer’s gross vehicle weight rating. The power unit shall be equipped with dual wheels on the drive axle and the minimum size of the tires shall be 10 ply 8.25 x 20, or equivalent.

Trans 261.10(5)(b) (b) The vehicle towing a mobile home or modular building section 12 feet in width, but not more than 16 feet in width, shall be a truck of not less than 19,200 pounds manufacturers’ gross vehicle weight rating. The power unit shall be equipped with dual wheels on the drive axle and the minimum size of the tires shall be 10 ply 8.25 x 20, or equivalent.

Trans 261.10(6) (6) Mudguards. Mobile home and modular building sections and the power unit operating a permit shall be equipped with rear fenders or mudguards of such material and constructed and placed as to restrict to a minimum the splashing of water, mud, stones, and other material which may be thrown up by the rear wheels. If mudguards are provided, they shall be at least as wide as the tire and shall cover the tire or multiple tires they are guarding starting at the top from a line drawn vertically through the center of the axle and extending rearward and downward so that the fender or mudguard under any condition of operation or loading of the vehicle has a ground clearance of not more than 1/3 of the horizontal distance from the center of the rearmost axle to the fender or mudguard.

Trans 261.10 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 261.11 Trans 261.11 Times of operation.

Trans 261.11(1) (1) Except as otherwise specified in a permit, no vehicle or vehicle combination operating under a permit that is equal to or less than 12 feet in width, 131⁄2 feet in height, and 100 feet in length, may operate:

Trans 261.11(1)(a) (a) Between 4:00 p.m. and 11:00 p.m. on Sunday.

Trans 261.11(1)(b) (b) Between 4:00 p.m. and 11:00 p.m. on Friday between the 4th Friday in May and Labor Day.

Trans 261.11(1)(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 261.11(1)(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 261.11(2) (2) In addition to the conditions provided in sub. (1), no vehicle or vehicle combination operating under a permit that exceeds 12 feet in width, 131⁄2 feet in height, or 100 feet in length, may operate:

Trans 261.11(2)(a) (a) During the hours of darkness.

Trans 261.11(2)(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 261.11(3) (3) In addition to the conditions provided in subs. (1) and (2), no oversize vehicle or vehicle combination may operate on any part of the Milwaukee county expressway system constructed pursuant to s. 59.84, Stats.:

Trans 261.11(3)(a) (a) Between 6:00 a.m. and 9:00 a.m. and between 3:00 p.m. and 6:00 p.m. on Monday through Thursday.

Trans 261.11(3)(b) (b) Between 6:00 a.m. and 9:00 a.m. and between 3:00 p.m. and 11:00 p.m. on Friday and Sunday.

Trans 261.11(3a) (3a) Subsection (3) does not apply to U.S. highway 45 between West Florist Avenue and West Hampton Avenue or to interstate highway 94 between the Waukesha county line and 108th Street.

Trans 261.11(4) (4) An issuing authority 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 issuing authority, public health and welfare is better served, and may impose additional conditions to promote the safe operation of the vehicle and load.

Trans 261.11 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; reprinted to correct errors, Register, June, 1992, No. 438; correction in (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats.

Trans 261.12 Trans 261.12 Route limitations.

Trans 261.12(1) (1) No permit allowing the dimensions of a vehicle or load to exceed 11 feet in width, 131⁄2 feet in height or 100 feet in length is valid on any part of the Milwaukee county expressway system constructed pursuant to s. 59.84, Stats., except on U.S. highway 45 between West Florist Avenue and West Hampton Avenue and on Interstate highway 94 between the Waukesha county line and 108th Street.

Trans 261.12(2) (2) A permit issued by the department authorizes the use of any highways of the state, subject to the limitations stated [in] the permit.

Trans 261.12(3) (3) An oversize vehicle may not be operated on a highway, whether loaded or empty, at any time that a permit is not valid.

Trans 261.12 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.

Trans 261.13 Trans 261.13 Transfers. In the event of a breakdown or other circumstance requiring a change of the power unit stated 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 261.13 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 261.14 Trans 261.14 Insurance and liability conditions.

Trans 261.14(1) (1) In applying for and accepting a permit, a permittee agrees to:

Trans 261.14(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 261.14(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 261.14(2) (2) Whether or not insurance, bond, or deposit as set forth in sub. (7) is required, the permittee shall be liable for all damages which any highway or its appurtenances may sustain by reason of any operation under the permit.

Trans 261.14(3) (3) An issuing authority may waive insurance requirements for permits issued to government.

Trans 261.14(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 261.14(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 261.14(6) (6) The following insurance amounts are required: