ATCP 92.30(6)(b)1. 1. A detailed written justification for the variance. The justification shall demonstrate that the proposed variance is justified by special circumstances and will not compromise the structural integrity or accuracy of the scale.

ATCP 92.30(6)(b)2. 2. A nonrefundable variance application fee of $150.

ATCP 92.30(6)(c) (c) The department may deny a variance application under par. (b) if the requester begins construction in violation of any requirement under sub. (3) before the department grants a variance from that requirement.

ATCP 92.30 Note Note: A variance application form under sub. (6) (b) may be obtained at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

ATCP 92.30 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.

ATCP 92.30(7) (7) Vehicle and livestock scales; annual testing.

ATCP 92.30(7)(a) (a) The owner or operator of a vehicle or livestock scale with a weighing capacity of 5,000 pounds or more that is used for the commercial weighing of commodities or livestock shall at least annually cause the scale to be inspected and tested for accuracy by a person licensed under s. ATCP 92.20 (1). The person performing the inspection and test shall prepare a written inspection and test report for the scale owner or operator.

ATCP 92.30(7)(b) (b) If a report under par. (a) shows that a scale is inaccurate, the scale may not be used until a person licensed under s. ATCP 92.20 (1) re-inspects and retests the scale and delivers a written report to the scale owner or operator confirming that the inaccuracy has been corrected.

ATCP 92.30(7)(c) (c) The owner or operator of a vehicle or livestock scale shall file with the department a copy of each report prepared in connection with the inspection or testing of that scale, including any report required under par. (a) or (b), not more than 15 days after the owner or operator receives the test report and not more than 30 days after the reported inspection or test occurred.

ATCP 92.30(7)(d) (d) If the department finds that a vehicle scale operator who is required to be licensed under s. ATCP 92.31 (1) has failed to file a vehicle scale inspection or test report as required by par. (c), the department shall assess against that operator a license surcharge of $200. The department may not issue or renew an annual license under s. ATCP 92.31 (1) if the operator fails to include the amount of any unpaid surcharge assessed under this paragraph with the operator’s annual license application. The department may suspend or revoke an annual license if the license holder fails to pay a surcharge assessed under this paragraph within 120 days after the department assesses the surcharge. A surcharge payment under this paragraph does not relieve a vehicle scale operator of any other civil or criminal liability for violating sub. (1), but is not evidence of a violation.

ATCP 92.30 Note Note: The testing and reporting requirements under sub. (7) (a) to (c) apply to all vehicle scales and livestock scales. However the license surcharge under par. (d) applies only to vehicles scales whose operators are required to be licensed under s. ATCP 92.31 (1). See surcharge authorization in s. 98.16 (3m) (c), Stats. Violations by vehicle scale or livestock scale operators are also subject to penalties under s. 98.26, Stats.

ATCP 92.30(8) (8) Rejection notice. A department weights and measures inspector or a municipal weights and measures sealer may issue a rejection notice under s. 98.05 (2), Stats., prohibiting the commercial use of a vehicle or livestock scale which does not comply with this section.

ATCP 92.30(9) (9) Exemptions. Subsections (1) to (6) do not apply to any of the following:

ATCP 92.30(9)(a) (a) A vehicle scale that is used for less than one year at the same location.

ATCP 92.30(9)(b) (b) Portable vehicle scales installed with all of the following:

ATCP 92.30(9)(b)1. 1. Durable load bearing foundations that comply with the vehicle scale manufacturer’s engineering drawings and specifications.

ATCP 92.30(9)(b)2. 2. Durable vehicle approaches that provide adequate drainage away from the scale and easy access for the department or a scale service company to test compliance with s. ATCP 92.02 (1).

ATCP 92.30(9)(b)3. 3. Durable approach bulkheads that provide a barrier between the scale’s weighing element, approach material, and run off.

ATCP 92.30(9)(c) (c) A vehicle scale used exclusively for highway construction if that use is supervised by the state of Wisconsin department of transportation.

ATCP 92.30 Note Note: Scales identified under sub. (9) are not exempt from s. ATCP 92.02, from licensing requirements under s. 98.16, Stats., or from the testing requirement under s. 98.16 (3m), Stats.

ATCP 92.30 History History: Cr. Register, December, 1991, No. 432, eff. 1–1–92; am. (1), (3) (b) 3., (c) 1. and 3., (e) 1. and 3., and (h), r. and recr. (8), Register, December, 1995, No. 480, eff. 1-1-96; CR 02-141: renum. from ATCP 92.03 Register August 2003 No. 572, eff. 9-1-03; CR 09-105: am. (title), (2) (title), (3) (title), (intro.), (4) (title), (5) (f), r. and recr. (1), (5) (title), (a), (6), renum. (7), (8) to be (8), (9), cr. (7) Register December 2010 No. 660, eff. 1-1-11; correction in (5) (f) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; CR 13-043: am. (1) (c), (3) (e) 2., (6) (title) Register February 2014 No. 698, eff. 5-1-14; CR 18-019: am. (9) (intro.) (Register January 2020 No. 769, eff. 2-1-20.

ATCP 92.31 ATCP 92.31 Vehicle scale; license to operate.

ATCP 92.31(1) (1) License required. No person may operate a vehicle scale without a license from the department, as provided under s. 98.16, Stats. A separate license is required for each scale. A license is not transferable between persons, scales, or scale locations. A license expires on March 31 annually.

ATCP 92.31(2) (2) License application. A person applying for a license under sub. (1) shall apply on a form provided by the department. The application shall include all the following:

ATCP 92.31(2)(a) (a) The applicant’s correct legal name and business address, and any trade name under which the applicant proposes to operate the vehicle scale.

ATCP 92.31(2)(b) (b) The nature and location of the vehicle scale.

ATCP 92.31(2)(c) (c) The fees and surcharges required under sub. (3).

ATCP 92.31(2)(d) (d) Other information that the department reasonably requires for licensing purposes.

ATCP 92.31 Note Note: A license application form under sub. (2) (d) may be obtained at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to: