Chapter Trans 176

Trans 176.03(3) (3) Filings under this section shall be accompanied by any additional administrative fee that may be required by law to defray the additional costs of handling scheduled filings.

Trans 176.03 History History: Cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 2.03, Register, February, 1981, No. 302, eff. 3-1-81; cr. (1) (c) and (d), Register, December, 1984, No. 348, eff. 1-1-85.

Trans 176.04 Trans 176.04 Notice of insurance and surety bond cancellation.

Trans 176.04(1) (1) Notice of cancellation of motor carrier bodily injury and property damage liability insurance shall be made by an insurer on FORM K, Uniform Notice of Cancellation of Motor Carrier Insurance policies.

Trans 176.04(2) (2) Notice of cancellation of any motor carrier bodily injury and property damage liability surety bond shall be made by the surety and its principal on FORM L, Uniform Notice of Cancellation of Motor Carrier Surety Bonds.

Trans 176.04(3) (3) The notice of cancellation under sub. (1) or (2) is not effective until after 30 days from the date it is received by the department of transportation. The 30-day notice period may be waived by the department if an acceptable replacement undertaking is filed in accordance with this chapter.

Trans 176.04 History History: Cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 2.04, Register, February, 1981, No. 302, eff. 3-1-81; correction in (3) under s. 13.93 (2m) (b) 6., Register, August, 1984, No. 344.

Trans 176.05 Trans 176.05 Evidence of self-insurance.

Trans 176.05(1) (1) In accordance with s. 194.42, Stats., the department of transportation may, by order, exempt any common motor carrier of property or of passengers, or other carrier of passengers by motor bus, or contract motor carrier from the liability security requirements imposed under s. 194.41, Stats., and ss. Trans 176.01 to 176.04 if the carrier:

Trans 176.05(1)(a) (a)

Trans 176.05(1)(a)1. 1. Complies with the requirements set forth in s. 194.42, Stats., and

Trans 176.05(1)(a)2. 2. Files an application to qualify as a self-insurer with the department of transportation; or

Trans 176.05(1)(b) (b) Complies with the requirements under sub. (2).

Trans 176.05(2) (2) Any motor carrier engaged in interstate commerce only or jointly in interstate and intrastate commerce on Wisconsin highways who is qualified as a self-insurer under the rules and regulations of the interstate commerce commission, may qualify as a self-insurer under this section by filing with the department of transportation a certified copy of a currently effective interstate commerce commission order authorizing such motor carrier to self-insure under applicable federal law and regulations.

Trans 176.05(3) (3) Applications to qualify as a self-insurer shall be made on forms provided by the department of transportation.

Trans 176.05 History History: Cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 2.05 and am. (1) (intro.), Register, February, 1981, No. 302, eff. 3-1-81.

Trans 176.06 Trans 176.06 Minimum limits of liability security.

Trans 176.06(1) (1) The minimum limits of liability security for bodily injury and property damage liability required under this chapter are:

Trans 176.06(1)(a) (a) For-hire property carriers:

Trans 176.06(1)(ag) (ag) For purposes of par. (a):

Trans 176.06(1)(ag)1. 1. “Hazardous material” means a substance or material which has been determined by the U.S. secretary of transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce, and which has been so designated.

Trans 176.06(1)(ag)2. 2. “Hazardous substance” means a material, and its mixtures or solutions, that is identified by the letter “E” in Column 1 of the Table to 49 CFR 172.101 when offered for transportation in one package, or in one transport vehicle if not packaged, and when the quantity of the material therein equals or exceeds the reportable quantity (RQ). This definition does not apply to petroleum products that are lubricants or fuels; or to a mixture or solution containing a material identified by the letter “E” in Column 1 of the Table to 49 CFR 172.101 if it is in a concentration less than that shown in the following table based on the reportable quantity (RQ) specified for the materials in Column 2 of the Table to 49 CFR 172.101:

Trans 176.06(1)(ag)3. 3. “Hazardous waste” means any material that is subject to the hazardous waste manifest requirements of the EPA specified in 40 CFR Part 262 or would be subject to these requirements absent an interim authorization to a state under 40 CFR Part 123, Sub-part F.

Trans 176.06(1)(ag)4. 4. “In bulk” means the transportation, as cargo, of property, except Class A and B explosives and poison gases, in containment systems with capacities in excess of 3,500 water gallons.

Trans 176.06(1)(ag)5. 5. “In bulk Class A and B explosives” means the transportation, as cargo, of any Class A or B explosive or explosives in any quantity.

Trans 176.06(1)(ag)6. 6. “In bulk poison gas” means the transportation, as cargo, of any poison gas in any quantity.

Trans 176.06 Note Note: The definitions of “hazardous materials,” “hazardous substances” and “hazardous waste” in sub. (1) (ag) are taken from 49 CFR 171.8. The definitions of “In bulk,” “In bulk Class A and B explosives” and “In bulk poison gas” in (ag) are taken from 49 CFR 387.5.

Trans 176.06(1)(ar) (ar) For purposes of par. (a) either a combined single limit or a split limit policy is acceptable. If a split limit policy is utilized, each individual limit must meet the minimum level of coverage required.

Trans 176.06 Note Note: Example. For vehicles of 10,000 pounds or over transporting non-hazardous materials on July 1, 1983, and thereafter, either of the following types of policies is acceptable: a combined single limit of $750,000.00 or a split limit of $750,000.00, $750,000.00, $750,000.00. These alternatives are consistent with the interpretation of the federal rules set out in 47 Federal Register 12800, March 25, 1982.

Trans 176.06(1)(b) (b) For passenger vehicles:

Trans 176.06(2) (2) In accordance with s. 121.53 (1) (e), Stats., for school buses with a seating capacity of 37 or more passengers, the minimum total limit of bodily injury liability insurance coverage per accident is $1,000,000.

Trans 176.06 History History: Cr. Register, November, 1977, No. 263, eff. 12-1-77; emerg. am. (1) (a) and cr. (1) (c), eff. 2-23-79; am. (1) (a) and cr. (1) (c), Register, May, 1979, No. 281, eff. 6-1-79; renum. from MVD 2.06 and cr. (1) (d), Register, February, 1981, No. 302, eff. 3-1-81; r. and recr. (1) (d), Register, April, 1982, No. 316, eff. 5-1-82; r. and recr. (1) (a), cr. (1) (ag) and (ar), r. (1) (c), renum. (1) (d) to be (2), Register, September, 1982, No. 321, eff. 10-1-82; emerg. am. (1) (a), (intro.), eff. 7-1-83; am. (1) (a) (intro.), Register, December, 1983, No. 336, eff. 1-1-84; am. (1) (a) 3. and 4., Register, January, 1984, No. 337, eff. 2-1-84; emerg. am. (1) (a) (intro.) and 1., eff. 7-1-84; am. (1) (a) (intro.) and 1., Register, December, 1984, No. 348, eff. 1-1-85.

Trans 176.07 Trans 176.07 Completion of forms.

Trans 176.07(1) (1) All forms required by this chapter shall be completed in triplicate and the information requested thereon shall be typewritten on the blank spaces provided.

Trans 176.07(2) (2) The forms shall be printed on rectangular cards measuring 5 inches in height and 8 inches in width.

Trans 176.07(3) (3) The forms shall be signed by an authorized representative of the insurer or surety.

Trans 176.07(4) (4) Certificates of insurance and surety bonds shall be issued in the full and correct name of the individual, partnership or corporation to whom the certificate, permit or license is or will be issued. In the case of a partnership, all partners shall be named. Only one entity shall be named as the insured on the certificate.

Trans 176.07(5) (5) If the insurer or surety does not require the third copy to be returned as proof of the acceptance of such filing, the insurer or surety need only provide the department of transportation with 2 copies of each form required under this chapter.

Trans 176.07 History History: Cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 2.07, Register, February, 1981, No. 302, eff. 3-1-81; am. (3), Register, December, 1984, No. 348, eff. 1-1-85.

Trans 176.08 Trans 176.08 Emergency filings.

Trans 176.08(1) (1) Emergency filing may be made by telephone, telegram, teletype or facsimile equipment providing the following information:

Trans 176.08(1)(a) (a) Name of insured.

Trans 176.08(1)(b) (b) Name of insurance company and policy number.

Trans 176.08(1)(c) (c) Type of filing being made. If it is a scheduled filing, a description of the vehicle must be included.

Trans 176.08(1)(d) (d) Statement “Certificate Will Follow”.

Trans 176.08(1)(e) (e) Date of policy.

Trans 176.08(1)(f) (f) Name of authorized representative of the insurer.

Trans 176.08(2) (2) A filing made under this subsection shall be in force for 30 days from the date it was received by the department.

Trans 176.08(3) (3) An emergency filing received under this subsection shall impose upon the insurer the same liability as if the certificate had been filed under normal procedures and any action taken by the department will be the same as if a certificate was on file.

Trans 176.08(4) (4) No extensions of, or additional emergency filing by the same insurer, will be accepted for the same insured unless a certificate has been received covering the previous emergency filing.

Trans 176.08 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81.