Trans 253.09 Denial, suspension or revocation of permit. Trans 253.01Trans 253.01 Purpose. The purpose of this chapter is to establish standards and procedures for the issuance of overweight and oversize permits for the transportation of commodities and goods in Wisconsin, within 11 miles of the Wisconsin-Michigan border, pursuant to s. 348.27 (9) (a), Stats. Trans 253.01 NoteNote: Mileage is measured as straight-line air distance from the Wisconsin-Michigan border.
Trans 253.01 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.02Trans 253.02 Definitions. Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01 (2), Stats., and s. Trans 250.02 apply to this chapter. In this chapter, “permit” means multiple trip overweight or oversize permits authorized under s. 348.27 (9) (a), Stats., which includes permit pages, copies of all written approvals for movement on local highways, a copy of this chapter, a copy of ch. Trans 251, and any other written conditions of movement issued by the department. Trans 253.02 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.03Trans 253.03 Overweight and oversize permits; general. Trans 253.03(1)(1) The department may issue annual or consecutive month permits for the transportation of overweight and overlength loads in vehicles meeting the requirements of this chapter. Trans 253.03(2)(2) A permit issued under this chapter is not a guarantee of the sufficiency of any highway or structure for the transporting of the vehicle or load, or both. Trans 253.03 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.04Trans 253.04 Permit application. An application for a permit shall be submitted on a department form and shall include the following: Trans 253.04(1)(1) The name, address and telephone number of the applicant. Trans 253.04(2)(2) The name and address of the applicant’s insurer, and the applicant’s policy number and policy expiration date. Trans 253.04(3)(3) The date on which the applicant seeks to have the permit first become valid, not more than 60 days later than the date of application. Trans 253.04(4)(4) The overall length of the vehicle, and the gross weight of the vehicle. Trans 253.04(5)(5) An indication of whether the vehicle is a combination vehicle and the type of combination, the make, year, and vehicle identification number for the vehicle. Trans 253.04(6)(6) An indication of the number of pneumatic tires and maximum gross weight for each axle on the vehicle. Trans 253.04(8)(8) An affirmation that the owner has insurance in the amounts required by this chapter or such higher amount as may be required by the department and that the person accepts the terms of the issuance of a permit under this chapter. Trans 253.04(9)(9) For each local road or county highway permitted under s. Trans 253.06 (4) on which the applicant seeks authority to operate, written proof that permission for operation has been granted by the officer in charge of the maintenance of the highway. Trans 253.04 NoteNote: Applications are available upon request from the Motor Carrier Services Section Permit Unit of the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, P.O. Box 7980, Madison, WI 53707.
Trans 253.04 NoteNote: Permit application procedures are specified in s. Trans 250.025. A permit application may be submitted in person or by mail to the Motor Carrier Services Section Permit Unit. The Motor Carrier Services Section Permit Unit of the Wisconsin Department of Transportation is located at 4802 Sheboygan Avenue, Room 151, P.O. Box 7980, Madison, WI 53707. Trans 253.04 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.05Trans 253.05 Eligibility. The department may issue permits for vehicles under this chapter only to applicants that meet all of the following requirements: Trans 253.05(1)(1) Statutory requirements. The vehicle and any load satisfy the requirements for a permit under s. 348.25, Stats. Trans 253.05(2)(2) Transportation in limited geographic area. The application may not seek authority to transport any commodity or goods on any highway located more than 11 miles from the Wisconsin-Michigan border. Trans 253.05(3)(3) Maximum size. The vehicle may not exceed 8 feet 6 inches in width, nor 13 feet 6 inches in height, nor may any vehicle combination exceed 75 feet in overall length. Trans 253.05(4)(4) Pneumatic tires. The vehicle shall be equipped with pneumatic tires. Trans 253.05(5)(5) Maximum gross weigh.. The vehicle, including any load, may not exceed 154,000 pounds gross weight. Trans 253.05(7)(7) Axles with 2 tires. The maximum wheel load for any axle operating 2 tires may not exceed 700 pounds per inch of tire width as rated by the manufacturer. Trans 253.05(8)(8) Balanced load. Wheels on one side of the vehicle may not carry more than 60% of the load. Trans 253.05 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.06Trans 253.06 Validity. A permit issued under this chapter is valid only if all of the following conditions are met: Trans 253.06(1)(1) Permitted vehicle only. It is used for the vehicle described in the application and permit. Trans 253.06(2)(2) Permit conditions followed. All conditions of the permit are met, including all maximum axle, axle combination, total weight and length limitations, and restrictions on speed, time or route of travel. Trans 253.06(3)(3) Vehicle eligible for permit. The vehicle meets all the requirements of this chapter. Trans 253.06(4)(4) Area of operation. The vehicle is operated in Wisconsin, within 11 miles of the Wisconsin-Michigan border. Trans 253.06(6)(6) Permit carried on vehicle. The driver carries the permit with attached local road approval letters in the vehicle and available for inspection by any police officer, representative of the department or any local authority or person in charge of maintaining the highway being used. Trans 253.06(7)(7) Obey posted weight and speed limits. The vehicle does not exceed any posted weight limit for a bridge or highway or any temporary weight restriction due to construction or seasonal conditions, and does not exceed any posted speed limits. Trans 253.06(8)(8) Minimum following distance maintained. The driver maintains a distance of 500 feet between the vehicle and any preceding vehicle on the highway, whenever reasonable and practical. Trans 253.06(9)(9) Allow passing. The driver allows approaching or overtaking traffic to pass. Trans 253.06(11)(11) Proper registration. If the vehicle is required to be registered by Wisconsin or Michigan law, registration shall be at not less than the permit weight or at the maximum available registration weight, whichever is less. Trans 253.06(12)(12) Operation on pavement surface. The right wheels of the vehicle do not leave the roadway, except to allow traffic to pass. Trans 253.06(13)(a)(a) Consume any alcohol beverage within 4 hours of being on duty time, regardless of alcohol content. Trans 253.06 NoteNote: Section 346.63 (7) (a), Stats., is applicable to all drivers of commercial motor vehicles. Trans 253.06(14)(14) Driver properly licensed. The driver holds all required licenses bearing the proper classes and endorsements needed to operate the vehicle. Trans 253.06(15)(15) 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 253.06(16)(16) 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 253.06 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97; correction in (5) made under s. 13.93 (2m) (b) 7., Stats. Trans 253.065(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 253.065(2)(2) Except as otherwise specified in a permit, no oversize vehicle or vehicle combination operating under a permit that is equal to or less than 12 feet in width, 13 1/2 feet in height, and 100 feet in length may operate: Trans 253.065(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 253.065(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 253.065(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 253.065(3)(3) In addition to the conditions provided in sub. (2), no oversize vehicle or vehicle combination operating under a permit that exceeds 12 feet in width, 13 1/2 feet in height, or 100 feet in length, may operate: Trans 253.065(3)(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 253.065(4)(4) The department 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 department, public health and welfare is better served, and may impose additional conditions to promote the safe operation of the vehicle and load. Trans 253.065 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.07Trans 253.07 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 253.07 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.08Trans 253.08 Insurance and liability conditions. Trans 253.08(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 253.08(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 253.08(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 253.08(2)(2) The department may waive insurance requirements for permits issued to units of government. Trans 253.08(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 253.08(4)(4) Unless different amounts are required under sub. (5), the permittee shall carry insurance in either of the following minimum amounts: Trans 253.08(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 253.08(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 253.08 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97. Trans 253.09Trans 253.09 Denial, suspension or revocation of permit. Trans 253.09(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 253.09(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 253.09(1)(c)(c) Physically assaulting an employee of the department or a law enforcement officer while performing his or her official duties.
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