Wisconsin Legislature: Trans 263.09(1)(f)

History: EmR0818: emerg. cr. eff. 7-1-08; CR 08-058: cr. Register November 2008 No. 635, eff. 12-1-08.

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.

History: EmR0818: emerg. cr. eff. 7-1-08; CR 08-058: cr. Register November 2008 No. 635, eff. 12-1-08.

Trans 263.08 Insurance and liability conditions.

(1) A permittee shall do all of the following:

(a) Pay any claim for any bodily injury or property damage resulting from operation under the permit for which the permittee is legally responsible.

(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.

(c) Be liable for all damage which any highway or its appurtenances may sustain by reason of any operation under the permit.

(2) The department may waive insurance requirements for permits issued to units of government.

(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.

(4) Unless different amounts are required under sub. (5), the permittee shall carry insurance in either of the following minimum amounts:

(a) When the permitted load is not overweight by more than 25%:

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

(b) When the permitted load exceeds the weight limitations in par. (a):

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

(5) The department may require a permittee to provide more bodily injury or damage liability coverage than the minimum amounts specified in sub. (4).

(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.

History: EmR0818: emerg. cr. eff. 7-1-08; CR 08-058: cr. Register November 2008 No. 635, eff. 12-1-08.

Trans 263.09 Denial, suspension or revocation of permit.

(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:

(a) Violation of any condition of a permit.

(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.

(c) Physically assaulting an employee of the department or a law enforcement officer while performing his or her official duties.

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

(e) Unauthorized alteration of a permit.

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

(g) Nonpayment of the application fee or payment by a check that is subsequently dishonored by the drawee or bank.

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

(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.

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.

History: EmR0818: emerg. cr. eff. 7-1-08; CR 08-058: cr. Register November 2008 No. 635, eff. 12-1-08.