Trans 263.06 Note
Note: Section
346.63 (7) (a), Stats., is applicable to all drivers of commercial motor vehicles.
Trans 263.06(16)
(16) Driver properly licensed. The driver holds all required licenses bearing the proper classes and endorsements needed to operate the vehicle.
Trans 263.06(17)
(17) 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 263.06(18)
(18) 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 263.06(19)
(19) Motor carrier and designated route. As stated in s.
348.27 (15) (b), Stats., this permit is valid only for the motor carrier on behalf of which the load is carried; only from the origin and to the destination cited in the permit application; and only on the route designated in the permit application.
Trans 263.06 History
History: EmR0818: emerg. cr. eff. 7-1-08; CR 08-058: cr. Register November 2008 No. 635, eff. 12-1-08. Trans 263.065(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 263.065(2)
(2) The department may issue a permit for times other than those specified in
sub. (1), 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 and to reflect conditions deemed necessary by local officials in view of local conditions.
Trans 263.065 History
History: EmR0818: emerg. cr. eff. 7-1-08; CR 08-058: cr. Register November 2008 No. 635, eff. 12-1-08. Trans 263.07
Trans 263.07 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 263.07 History
History: EmR0818: emerg. cr. eff. 7-1-08; CR 08-058: cr. Register November 2008 No. 635, eff. 12-1-08. Trans 263.08
Trans 263.08 Insurance and liability conditions. Trans 263.08(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 263.08(1)(b)
(b) Hold the state, its subdivisions, officers, employees and agents harmless from any claim that may arise from operation over public highways under the permit.
Trans 263.08(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 263.08(2)
(2) The department may waive insurance requirements for permits issued to units of government.
Trans 263.08(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 263.08(4)
(4) Unless different amounts are required under
sub. (5), the permittee shall carry insurance in either of the following minimum amounts:
Bodily injury liability — each person $150,000 or $750,000
Bodily injury liability — each accident $450,000 combined single
Property damage liability — each accident $300,000 limit
Bodily injury liability — each person $200,000 or $1,000,000
Bodily injury liability — each accident $600,000 combined single
Property damage liability — each accident $400,000 limit
Trans 263.08(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 263.08(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 263.08 History
History: EmR0818: emerg. cr. eff. 7-1-08; CR 08-058: cr. Register November 2008 No. 635, eff. 12-1-08. Trans 263.09
Trans 263.09 Denial, suspension or revocation of permit. Trans 263.09(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 263.09(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 263.09(1)(c)
(c) Physically assaulting an employee of the department or a law enforcement officer while performing his or her official duties.
Trans 263.09(1)(f)
(f) Refusal or failure, without just cause, to produce required records.
Trans 263.09(1)(g)
(g) Nonpayment of the application fee or payment by a check that is subsequently dishonored by the drawee or bank.
Trans 263.09(1)(h)
(h) Violation of any other applicable provision under
ch. 348, Stats., or this chapter.
Trans 263.09(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 263.09 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 263.09 History
History: EmR0818: emerg. cr. eff. 7-1-08; CR 08-058: cr. Register November 2008 No. 635, eff. 12-1-08.
