Chapter Trans 269

Trans 269.06   Validity.

Trans 269.07   Registration requirements.

Trans 269.08   Driver and operating requirements.

Trans 269.09   Maximum size and loading limitations.

Trans 269.10   Times of operation.

Trans 269.11   Route limitations.

Trans 269.12   Transfers.

Trans 269.13   Insurance and liability conditions.

Trans 269.14   General conditions and requirements.

Trans 269.15   Denial, suspension or revocation of permit.

Ch. Trans 269 Note Note: Chapter Trans 269 as it existed on December 31, 1990 was repealed and a new Chapter Trans 269 was created effective January 1, 1991.

Trans 269.01 Trans 269.01 Purpose and scope. The purpose of this chapter is to establish standards and procedures for the issuance of transportation of garbage or refuse permits, pursuant to s. 348.27 (12), Stats., and transportation of recyclable scrap permits, pursuant to s. 348.27 (9r), Stats.

Trans 269.01 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 269.02 Trans 269.02 Definitions.

Trans 269.02(1) (1) 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.

Trans 269.02(2) (2) As used in this chapter:

Trans 269.02(2)(a) (a) “Garbage” means discarded materials resulting from the handling, processing, storage and consumption of food.

Trans 269.02(2)(b) (b) “Issuing authority” means the department of transportation.

Trans 269.02(2)(c) (c) “Permit” means transportation of garbage, refuse, or recyclable scrap permits authorized under s. 348.27 (9r) and (12), Stats.

Trans 269.02(2)(d) (d) “Recyclable-scrap” means metallic or non-metallic material in waste for which there exists a commercially demonstrated processing or manufacturing technology which uses the material as a raw material, and which is transported for use as such a raw material.

Trans 269.02(2)(e) (e) “Refuse” means any combustible and non-combustible rubbish including, but not limited to, paper, wood, metal, glass, cloth and products thereof; litter and street rubbish, ashes; and lumber, concrete, and other debris resulting from the construction or demolition of structures.

Trans 269.02(2)(f) (f) “Self-compactor equipped vehicle” means a vehicle that is:

Trans 269.02(2)(f)1. 1. Specifically designed, constructed and used for the pick-up, transportation, and disposal of garbage, refuse or both; and

Trans 269.02(2)(f)2. 2. Equipped and used with:

Trans 269.02(2)(f)2.a. a. A blade, plate, or other device that mechanically compacts the load.

Trans 269.02(2)(f)2.b. b. A separate garbage or refuse container that is designed, constructed, and used with an integral or separate blade, plate, or other device that mechanically compacts the load.

Trans 269.02 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 269.03 Trans 269.03 Permit application.

Trans 269.03(1) (1) An application for a permit shall be submitted to an issuing authority on a form approved by the department, and in accordance with s. 348.27, Stats.

Trans 269.03(2) (2) An application for a permit for the use of a state trunk highway shall be made to the department in any of the following ways:

Trans 269.03(2)(a) (a) In person, at the department’s central or region offices.

Trans 269.03(2)(b) (b) By mail, addressed to the department’s central office.

Trans 269.03 Note Note: Permit application procedures are in s. Trans 250.025.

Trans 269.03 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Trans 269.04 Trans 269.04 Permit amendments.

Trans 269.04(1) (1) An application for an amendment to a permit shall be made to the issuing authority which issued the original permit.

Trans 269.04(2) (2) An application for an amendment may be made in the same manner as an application for an original permit.

Trans 269.04(3) (3) The request shall specify the permit number of the permit to be amended.

Trans 269.04 Note Note: Limitations on the amendment of permits are in s. Trans 250.10.

Trans 269.04 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 269.05 Trans 269.05 Eligibility.

Trans 269.05(1) (1) Any vehicle or vehicle and load to be considered as operating under a permit shall satisfy the requirements for a permit under s. 348.25, Stats.

Trans 269.05(2) (2) An issuing authority may issue a permit only for the transportation of garbage or refuse, in a self-compactor equipped vehicle or a roll-off equipped truck or roll-off trailer that uses all axles while transporting garbage or refuse, or for the transportation of recyclable scrap. This includes the transportation of tools and equipment necessary for the safe and efficient pick-up and discharge of the garbage or refuse, or recyclable scrap, and for the return of the vehicle when empty.

Trans 269.05(3) (3) An issuing authority may issue a permit only for a vehicle equipped with pneumatic tires.

Trans 269.05(4) (4) An issuing authority may issue a permit only for motor trucks, truck tractors, or road tractors.

Trans 269.05(5) (5) A permit authorizes the towing of not more than one trailer or semi-trailer. A permit may not authorize the operation of more than 2 vehicles in combination.

Trans 269.05(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 269.05 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; 2017 Wis. Act 59: am. (2) Register October 2017 No. 742, eff. 11-1-17.

Trans 269.06 Trans 269.06 Validity.

Trans 269.06(1) (1) A permit is valid only for the vehicle described in the application and permit.

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.