Chapter Trans 269

Trans 269.06(2) (2) An issuing authority may suspend a permit, or any of its conditions, because of seasonal highway conditions.

Trans 269.06 Note Note: Examples of seasonal highway conditions include spring thaw, flooding, and traffic congestion.

Trans 269.06(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 269.06(4) (4) No condition of a permit may modify or supersede any action by a town under s. 60.54, Stats., to designate town highways as appropriate for the transportation of solid waste, or to prohibit the use of other town highways for that purpose.

Trans 269.06(5) (5) A permit issued for an overlength vehicle 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 269.06(6) (6) 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 269.06 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 269.07 Trans 269.07 Registration requirements.

Trans 269.07(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 269.07(2) (2) All other operational permits required by the department or other agencies having jurisdiction shall be obtained.

Trans 269.07 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 269.08 Trans 269.08 Driver and operating requirements.

Trans 269.08(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 the maintenance of the highway being operated [upon].

Trans 269.08(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 269.08(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 269.08(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 269.08(5) (5) The wheels of a vehicle or combination of vehicles being operated under a permit may not leave the roadway except while the vehicle or combination of vehicles is stopped or at speeds less than 15 miles per hour immediately prior to or following a stop.

Trans 269.08 Note Note: A “roadway” does not include paved or unpaved shoulders s. 340.01 (54), Stats.

Trans 269.08 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 269.09 Trans 269.09 Maximum size and loading limitations. The maximum size axle, axle combination, and total weight limitations authorized by a permit may not be exceeded.

Trans 269.09 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 269.10 Trans 269.10 Times of operation.

Trans 269.10(1) (1) Except as otherwise specified in a permit, a vehicle, load, or vehicle and load that is overweight, but not oversize, may operate 24 hours a day, including weekends and holidays.

Trans 269.10(2) (2) Except as otherwise specified in the permit, no vehicle or vehicle combination operating under a permit that is overlength may be operated:

Trans 269.10(2)(a) (a) Between 4:00 p.m. and 11:00 p.m. on Sunday.

Trans 269.10(2)(b) (b) Between 4:00 p.m. and 11:00 p.m. on Friday between the 4th Friday in May and Labor Day.

Trans 269.10(2)(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 269.10(2)(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 269.10(3) (3) An issuing authority may issue a permit for times other than those specified in sub. (1) or (2), under extraordinary circumstances when, in the opinion of the issuing authority, public health and welfare is better served, and may impose additional conditions necessary to promote the safe operation of the vehicle and load.

Trans 269.10 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 269.11 Trans 269.11 Route limitations.

Trans 269.11(1) (1) A permit issued by the department authorizes the use of any of the highways of the state, subject to the limitations stated in the permit.

Trans 269.11(2) (2) Except as provided in sub. (2a), a permit is not valid on any part of the national system of interstate and defense highways in Wisconsin.

Trans 269.11(2a) (2a) Notwithstanding sub. (2), permits issued by the department for the transportation of scrap, garbage or refuse authorize the use of that portion of U.S. highway 51 between Wausau and state trunk highway 78 and that portion of state trunk highway 78 between U.S. highway 51 and the interstate highway 90/94 interchange near Portage upon their federal designation as interstate highway 39.

Trans 269.11 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (2), cr. (2a), Register, January, 1991, No. 421, eff. 2-1-91; emerg. am. (2a), eff. 9-9-96; am. (2a), Register, January, 1997, No. 493, eff. 2-1-97.

Trans 269.12 Trans 269.12 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 269.12 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 269.13 Trans 269.13 Insurance and liability conditions.

Trans 269.13(1) (1) In applying for and accepting a permit, the permittee agrees to:

Trans 269.13(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 269.13(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 269.13(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 269.13(3) (3) An issuing authority may waive insurance requirements for permits issued to government.

Trans 269.13(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 269.13(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 269.13(6) (6) The following insurance amounts are required:

- See PDF for table

Trans 269.13(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 269.13 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 269.14 Trans 269.14 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 269.14 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 269.15 Trans 269.15 Denial, suspension or revocation of permit.

Trans 269.15(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 269.15(1)(a) (a) Violation of any condition of a permit.

Trans 269.15(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 269.15(1)(c) (c) Physically assaulting an employe of an issuing authority or a law enforcement officer while performing his or her official duties.

Trans 269.15(1)(d) (d) Making a material misstatement in an application for a permit.

Trans 269.15(1)(e) (e) Unauthorized alteration of a permit.

Trans 269.15(1)(f) (f) Refusal or failure, without just cause, to produce required records.

Trans 269.15(1)(g) (g) Payment of an application fee with a worthless check.

Trans 269.15(1)(h) (h) Violation of any other applicable provision under ch. 348, Stats., or this chapter.

Trans 269.15(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 269.15 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 269.15 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.