Chapter Trans 256

Trans 256.05(5) (5) An issuing authority may issue a permit only for a vehicle equipped with pneumatic tires.

Trans 256.05(6) (6) The issuance of a permit is not a guarantee of the sufficiency of any highway or structure for the transporting of the vehicle, load, or vehicle and load.

Trans 256.05 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 256.06 Trans 256.06 Validity.

Trans 256.06(1) (1) A permit is valid only for the route specified in the permit, which may include the return trip on the reverse route if requested and approved, and which includes the movement of the empty vehicle, whether or not oversize or overweight, to and from the place of pickup or delivery of the permitted load.

Trans 256.06(2) (2) A permit is valid only for the vehicle described in the application and permit.

Trans 256.06(3) (3) A permit is valid only on the route specified in the permit.

Trans 256.06(4) (4) An issuing authority may suspend a permit, or any of its conditions, because of seasonal highway conditions.

Trans 256.06 Note Note: Spring thaw, flooding, and traffic congestion.

Trans 256.06(5) (5) 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 256.06(6) (6) 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 256.06(7) (7) A permit may not be used in combination with a multiple trip permit to authorize the movement of an oversize vehicle, load, or vehicle and load.

Trans 256.06 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 256.07 Trans 256.07 Registration requirements.

Trans 256.07(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 256.07(2) (2) All other operational permits required by the department or other agencies having jurisdiction shall be obtained.

Trans 256.07 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 256.08 Trans 256.08 Driver and operating requirements.

Trans 256.08(1) (1) The driver of a vehicle operating under a permit shall carry the 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 used.

Trans 256.08(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 256.08(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 256.08(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 256.08(5) (5) The right wheels of the towed unit may not leave the roadway, except to allow traffic to pass.

Trans 256.08 Note Note: A “roadway” does not include paved or unpaved shoulders. s. 340.01 (54), Stats.

Trans 256.08 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 256.09 Trans 256.09 Maximum size and loading limitations.

Trans 256.09(1) (1) The maximum size limitations authorized by a permit may not be exceeded.

Trans 256.09(2) (2) The total length of trailer-trains consisting of truck-tractors, tractors, trailers, or semi-trailers operating under the terms of a permit, and the number of vehicles in the trailer-train authorized by the issuing authority may not be exceeded.

Trans 256.09(3) (3) The overall length of the train of vehicles may not exceed 100 feet.

Trans 256.09(4) (4) No vehicle in a trailer-train may be overheight or overwidth.

Trans 256.09 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 256.10 Trans 256.10 Flag requirements.

Trans 256.10(1) (1) When a vehicle, load, or vehicle and load is overlength, 2 flags shall be fastened at the rear corners of the vehicle.

Trans 256.10(2) (2) Each flag shall be solid red or orange in color, and not less than 18 inches square.

Trans 256.10(3) (3) In order to wave freely, flags shall be securely fastened by at least one corner or securely mounted on a staff.

Trans 256.10 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 256.11 Trans 256.11 Times of operation.

Trans 256.11(1) (1) Except as otherwise specified in a permit, no vehicle or vehicle combination operating under a permit may operate:

Trans 256.11(1)(a) (a) Between 4:00 p.m. and 11:00 p.m. on Sunday.

Trans 256.11(1)(b) (b) Between 4:00 p.m. and 11:00 p.m. on Friday between the 4th Friday in May and Labor Day.

Trans 256.11(1)(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 256.11(1)(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 256.11(2) (2) An issuing authority may issue a permit for times other than those specified in sub. (1), 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 256.11 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 256.12 Trans 256.12 Route limitations.

Trans 256.12(1) (1) A permit issued by the department for a movement which is partly on the state trunk highway system and partly on other classes of highways is valid only on state trunk highways.

Trans 256.12(2) (2) An oversize vehicle or vehicle-train may not be operated on a highway at any time that a permit is not valid.

Trans 256.12 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 256.13 Trans 256.13 Power unit change. In the event of a breakdown or unavailability of the power unit listed on the application and permit, another power unit may be substituted, provided that the make and vehicle identification number, or license number and state, of the substitute power unit are written on the permit. The issuing authority shall be advised by telephone prior to operating the substitute power unit with the oversize load. Changes in the terms of the permit, other than the identification of the power unit, require a written request and a written amendment to the permit authorizing the change. The driver of a vehicle operating under a permit shall have the amended permit in the driver’s possession prior to the movement of the load.

Trans 256.13 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23.

Trans 256.14 Trans 256.14 Insurance and liability conditions.

Trans 256.14(1) (1) In applying for and accepting a permit, a permittee agrees to:

Trans 256.14(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 256.14(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 256.14(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 256.14(3) (3) An issuing authority may waive insurance requirements for permits issued to government.

Trans 256.14(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 256.14(5) (5) An issuing authority may require a permittee to provide more bodily injury and property damage liability coverage than is set forth in sub. (6).

Trans 256.14(6) (6) The following insurance amounts are required:

Trans 256.14(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 a public highway, unless this requirement is expressly waived by the issuing authority.

Trans 256.14 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 256.15 Trans 256.15 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 256.15 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 256.16 Trans 256.16 Denial, suspension or revocation of permit.

Trans 256.16(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 256.16(1)(a) (a) Violation of any condition of a permit.

Trans 256.16(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 256.16(1)(c) (c) Physically assaulting an employe of an issuing authority or a law enforcement officer while performing his or her official duties.

Trans 256.16(1)(d) (d) Making a material misstatement in an application for a permit.

Trans 256.16(1)(e) (e) Unauthorized alteration of a permit.

Trans 256.16(1)(f) (f) Refusal or failure, without just cause, to produce required records.

Trans 256.16(1)(g) (g) Payment of an application fee with a worthless check.

Trans 256.16(1)(h) (h) Violation of any other applicable provision under ch. 348, Stats., or this chapter.

Trans 256.16(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 256.16 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 256.16 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.