Chapter Trans 261

Trans 261.10(4)(b) (b) Each sign shall state, in black letters on a yellow background, “OVERSIZE LOAD,” and may not be less than 7 feet long and 18 inches high. The letters of the sign may not be less than 10 inches high with a brush stroke of not less than 1.4 inches.

Trans 261.10(4)(c) (c) The sign message may not be displayed when the vehicle is not operating under the permit.

Trans 261.10(5) (5) Truck weight and tires. Unless otherwise provided in a permit:

Trans 261.10(5)(a) (a) The vehicle towing a mobile home or modular building section more than 81⁄2 feet in width but less than 12 feet in width shall be a truck of not less than 16,000 pounds manufacturer’s gross vehicle weight rating. The power unit shall be equipped with dual wheels on the drive axle and the minimum size of the tires shall be 10 ply 8.25 x 20, or equivalent.

Trans 261.10(5)(b) (b) The vehicle towing a mobile home or modular building section 12 feet in width, but not more than 16 feet in width, shall be a truck of not less than 19,200 pounds manufacturers’ gross vehicle weight rating. The power unit shall be equipped with dual wheels on the drive axle and the minimum size of the tires shall be 10 ply 8.25 x 20, or equivalent.

Trans 261.10(6) (6) Mudguards. Mobile home and modular building sections and the power unit operating a permit shall be equipped with rear fenders or mudguards of such material and constructed and placed as to restrict to a minimum the splashing of water, mud, stones, and other material which may be thrown up by the rear wheels. If mudguards are provided, they shall be at least as wide as the tire and shall cover the tire or multiple tires they are guarding starting at the top from a line drawn vertically through the center of the axle and extending rearward and downward so that the fender or mudguard under any condition of operation or loading of the vehicle has a ground clearance of not more than 1/3 of the horizontal distance from the center of the rearmost axle to the fender or mudguard.

Trans 261.10 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 261.11 Trans 261.11 Times of operation.

Trans 261.11(1) (1) Except as otherwise specified in a permit, no vehicle or vehicle combination operating under a permit that is equal to or less than 12 feet in width, 131⁄2 feet in height, and 100 feet in length, may operate:

Trans 261.11(1)(a) (a) Between 4:00 p.m. and 11:00 p.m. on Sunday.

Trans 261.11(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 261.11(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 261.11(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 261.11(2) (2) In addition to the conditions provided in sub. (1), no vehicle or vehicle combination operating under a permit that exceeds 12 feet in width, 131⁄2 feet in height, or 100 feet in length, may operate:

Trans 261.11(2)(a) (a) During the hours of darkness.

Trans 261.11(2)(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 261.11(3) (3) In addition to the conditions provided in subs. (1) and (2), no oversize vehicle or vehicle combination may operate on any part of the Milwaukee county expressway system constructed pursuant to s. 59.84, Stats.:

Trans 261.11(3)(a) (a) Between 6:00 a.m. and 9:00 a.m. and between 3:00 p.m. and 6:00 p.m. on Monday through Thursday.

Trans 261.11(3)(b) (b) Between 6:00 a.m. and 9:00 a.m. and between 3:00 p.m. and 11:00 p.m. on Friday and Sunday.

Trans 261.11(3a) (3a) Subsection (3) does not apply to U.S. highway 45 between West Florist Avenue and West Hampton Avenue or to interstate highway 94 between the Waukesha county line and 108th Street.

Trans 261.11(4) (4) An issuing authority 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 issuing authority, public health and welfare is better served, and may impose additional conditions to promote the safe operation of the vehicle and load.

Trans 261.11 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; reprinted to correct errors, Register, June, 1992, No. 438; correction in (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats.

Trans 261.12 Trans 261.12 Route limitations.

Trans 261.12(1) (1) No permit allowing the dimensions of a vehicle or load to exceed 11 feet in width, 131⁄2 feet in height or 100 feet in length is valid on any part of the Milwaukee county expressway system constructed pursuant to s. 59.84, Stats., except on U.S. highway 45 between West Florist Avenue and West Hampton Avenue and on Interstate highway 94 between the Waukesha county line and 108th Street.

Trans 261.12(2) (2) A permit issued by the department authorizes the use of any highways of the state, subject to the limitations stated [in] the permit.

Trans 261.12(3) (3) An oversize vehicle may not be operated on a highway, whether loaded or empty, at any time that a permit is not valid.

Trans 261.12 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.

Trans 261.13 Trans 261.13 Transfers. In the event of a breakdown or other circumstance requiring a change of the power unit stated 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 261.13 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 261.14 Trans 261.14 Insurance and liability conditions.

Trans 261.14(1) (1) In applying for and accepting a permit, a permittee agrees to:

Trans 261.14(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 261.14(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 261.14(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 261.14(3) (3) An issuing authority may waive insurance requirements for permits issued to government.

Trans 261.14(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 261.14(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 261.14(6) (6) The following insurance amounts are required:

Trans 261.14(6)(a) (a) When the permitted power unit and mobile home or modular building section combination does not exceed 12 feet in width, and 131⁄2 feet in height or 100 feet in length:

Trans 261.14(6)(b) (b) When the permitted load exceeds the size limitations in par. (a):

Trans 261.14(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 the public highway, unless this requirement is expressly waived by the issuing authority.

Trans 261.14 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 261.15 Trans 261.15 General conditions and requirements.

Trans 261.15(1) (1) 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 261.15(2) (2) When a vehicle operating under a permit is overheight, the permittee shall give prior notice to the owners of overhead wires, cables or other facilities which may be affected.

Trans 261.15(3) (3) A properly equipped escort vehicle as described in ch. Trans 252 shall accompany a vehicle and load:

Trans 261.15(3)(a) (a) When any part of a vehicle or load extends beyond the left of the roadway centerline on 2-way roadways,

Trans 261.15(3)(b) (b) When any part of a vehicle or load extends beyond the left edge of the right hand lane on highways with more than 2 lanes, or

Trans 261.15(3)(c) (c) On a highway designated in a permit.

Trans 261.15(4) (4) A vehicle and load that does not require an escort vehicle may, when safe, move to the left of the centerline or beyond the left lane line while crossing a bridge or railroad crossing, but only after yielding to all other traffic.

Trans 261.15 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 261.155 Trans 261.155 Multiple trip manufacturing process permits.

Trans 261.155(1) (1) The issuing authority may issue annual or consecutive month permits to licensed mobile home transport companies and to licensed mobile home manufacturers for the transportation of mobile homes and modular building sections that are not greater than 16 feet wide in total exterior width including all protrusions, or 15 feet 6 inches in total height, but only if all of the following conditions are satisfied:

Trans 261.155(1)(a) (a) Each movement is limited to a distance of 5 straight-line air distance miles, on a route pre-approved by the person responsible for maintaining the highways and local roads over which the movement will occur, and identified in a traffic safety plan. Pre-approved routes must be able to accommodate the maximum dimensions in this subsection, and ensure that the mobile home or modular building sections clear all overhead structures by at least 6 inches. The number of pre-approved routes for each move may be limited to one route by either the issuing authority, or the person responsible for maintaining the highways and local roads over which the movement will occur.

Trans 261.155 Note Note: Examples of overhead structures are bridges, overpasses, power lines, utility lines, and traffic devices.

Trans 261.155(1)(b) (b) The mobile home or modular building sections are transported from a manufacturing plant to or from another manufacturing plant, including a subcontractor’s manufacturing plant. This includes movement to a manufacturer-owned storage lot where partially completed mobile homes are temporarily stored while awaiting further construction, or where fully completed mobile homes are temporarily stored immediately after construction is completed.

Trans 261.155(1)(c) (c) The mobile home or modular building sections are being transported to perform any step in the manufacturing process.

Trans 261.155(1)(d) (d) A traffic safety plan has been prepared by the manufacturer and approved by the person responsible for maintaining the highways and local roads over which the carrier will transport a load authorized by this section. A traffic safety plan may include the installation and use of additional traffic control devices, the use of additional traffic control precautions such as flag persons, the use of escort vehicles, or additional driver training. The approved traffic safety plan must be included with the application submitted to the issuing authority.

Trans 261.155(2) (2) A permit authorized in sub. (1) may not be issued to transport mobile homes or modular building sections from a manufacturing plant to a sales location or a building site.

Trans 261.155(3) (3) A permit issued under this section is not a guarantee of the sufficiency of any highway or structure for the transportation of the vehicle or the load.

Trans 261.155(4) (4) For each local road or county highway on which the applicant seeks authority to operate under this section, a permit for a mobile home or modular building section may be issued only upon presentation of written proof that permission for operation has been granted by any local authority or person in charge of maintaining those highways.

Trans 261.155(5) (5) When transporting a mobile home or modular building sections under this section, the power unit shall be stopped when necessary by the driver to allow traffic to pass from either direction without delay.

Trans 261.155(6) (6) The wheels of a mobile home or undercarriage shall be operated as close to the right edge of the shoulder as possible in order to provide minimum interference with the left lane of traffic. However, to minimize damage to the shoulder in the area immediately adjacent to the pavement, the right wheels may not be operated on the shoulder within 2 feet of the edge of the pavement except to cross this area.

Trans 261.155(7) (7) The maximum speed of a mobile home or modular building section operating on highways without paved shoulders may not exceed 35 miles per hour.

Trans 261.155(8) (8) In addition to the amber flashing or revolving lamps specified in s. Trans 261.10 (2), each mobile home or modular building section shall be equipped with a similar lamp visible from the front of the vehicle when operated on 2-way roadways.

Trans 261.155(9) (9) A permittee shall certify, and may be required to present satisfactory written evidence, that the amount of insurance coverage given in s. Trans 261.14 (6) (b), 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 261.155 History History: Cr. Register, April, 1998, No. 508, eff. 5-1-98.

Trans 261.16 Trans 261.16 Denial, suspension or revocation of permit.

Trans 261.16(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 261.16(1)(a) (a) Violation of any condition of a permit.

Trans 261.16(1)(b) (b) Preventing an employee 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 261.16(1)(c) (c) Physically assaulting an employee of an issuing authority or a law enforcement officer while performing his or her official duties.

Trans 261.16(1)(d) (d) Making a material misstatement in an application for a permit.

Trans 261.16(1)(e) (e) Unauthorized alteration of a permit.

Trans 261.16(1)(f) (f) Refusal or failure, without just cause, to produce required records.

Trans 261.16(1)(g) (g) Payment of an application fee with a worthless check.

Trans 261.16(1)(h) (h) Violation of any other applicable provision under ch. 348, Stats., or this chapter.

Trans 261.16(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 261.16 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 261.16 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.