Chapter Trans 230
PERMITS FOR LOADS EXCEEDING SIZE, WEIGHT,
AND VEHICLE COMBINATION LIMITS
Trans 230.06 General permits. Trans 230.08 Industrial interplant permits. Trans 230.09 Application form for industrial interplant permits. Ch. Trans 230 NoteNote: Chapter Hy 30 as it existed on June 30, 1962 was repealed and a new chapter Hy 30 was created effective July 1, 1962. Chapter Hy 30 was renumbered chapter Trans 230 under s. 13.93 (2m) (b) 1., Stats., Register, August, 1996, No. 488. Trans 230.01(1)(1) Pursuant to authority contained in s. 348.25 (3), Stats., the commission does hereby establish limits, procedures and conditions under which the various permits authorized by ss. 348.26 and 348.27, Stats., may be issued. Trans 230.01(2)(2) Permits for the movement over state trunk highways of vehicles and loads exceeding limits or conditions established hereby shall be issued only on specific authorization by the commission. Trans 230.01(3)(3) In the interest of uniformity and brevity, the commission hereby establishes the following conditions relating to more than one type of permit, which conditions become effective by reference thereto in the section of the rules relating to the specific type of permit: Trans 230.01(3)(a)1.1. Applications shall be made to the issuing authority on forms prescribed by the state of Wisconsin, department of transportation, division of highways, hereinafter known as the division of highways, which will be furnished to the applicant upon request. Trans 230.01(3)(a)2.2. Requests for amendments to permits shall be submitted in writing to the authority issuing the permit. Trans 230.01(3)(b)(b) Authorization to issue permits. The authorization for the issuance of permits shall be as stated in the sections relating to each specific type of permit. Trans 230.01(3)(c)1.1. Except for general permits (s. Trans 230.06), industrial interplant permits (s. Trans 230.08), vehicle transportation permits, double bottom milk truck permits and double bottom permits, permits shall not be issued nor valid for the transporting of loads or articles which could reasonably be divided in such a manner as to allow transporting of the loads or articles in 2 or more loads which would not exceed statutory size and weight limits, nor shall permits be issued or valid for the transporting of more than one article if the vehicle and load exceed statutory weight limits. (This does not prohibit the transporting of necessary blocking for a load, nor the transporting of such necessary blocking on the otherwise empty vehicle to and from the origin or destination of the load, but it does prohibit, among other things, the addition of an extra bucket, boom section, and so forth to a load being transported under a permit issued for an overweight vehicle and load.) Trans 230.01(3)(c)2.2. Except as specifically authorized in chs. Trans 251 to 275 and this chapter, permits shall not authorize the operation of more than 2 vehicles in combination. Trans 230.01(3)(c)3.3. Permits shall be issued and valid only for vehicles equipped with pneumatic tires. Trans 230.01(3)(c)4.4. Notwithstanding subd. 1. and par. (e) 1., and subject to subds. 2. and 3., if the governor declares an emergency under ch. 323, Stats., the department may issue permits for transportation of loads or articles upon state highways which could be reasonably divided at sizes or weights that exceed statutory size or weight limits if the loads or articles being transported are being shipped for the purpose of providing emergency relief goods or services or for removing debris from or restoring property damaged by a weather-related emergency. Permits issued under this subdivision may authorize operation on specified segments of municipal, town, or county highways if the maintaining authority for that highway has granted the department agency authority to issue the permits over those segments of its highways during the emergency, which authority may be modified or revoked by the maintaining authority at any time. In authorizing the issuance of permits under this subdivision, the department shall consider the factors involved with the emergency and impacts to the highway infrastructure and safety to decide whether to issue permits under this subdivision, and the maximum length of time, not to exceed 6 months, for which emergency transportation under this subdivision is permitted. All permits issued under this subdivision are subject to the other conditions of this subsection, except par. (e) 21., and may be cancelled or modified if the department, or maintaining authority in the case of local highways, determines that the need for emergency transportation, or transportation on particular highway segments, no longer exists. Permits issued under this subdivision may not authorize transportation on interstate highways except as allowed under federal law or waivers issued by the U.S. department of transportation. Trans 230.01 NoteNote: During periods of national emergency, federal law allows states to issue special permits allowing transportation of emergency relief supplies in overweight vehicles notwithstanding divisibility of the loads. 23 USC s. 127 (i) (1). Permits making use of this provision of federal law must expire not later than 120 days after the date of the national emergency declaration. 23 USC s. 127 (i) (2). Transportation of debris is not permitted under the federal law. Federal law also provides for increased weight limits for “emergency vehicles” that transport personnel and equipment and are supporting fire suppression or mitigation of other hazardous situations. 23 USC s. 127(r).
Trans 230.01(3)(d)1.1. In applying for and accepting a permit, the permittee agrees to pay any claim for any bodily injury or property damage for which he is legally responsible resulting from operations under the permit and to save the state and its subdivisions harmless from any claim which may arise from operations over public highways under the permit. Trans 230.01(3)(d)2.2. Regardless of whether or not insurance, bond, or deposit as set forth in this subsection is required, the permittee shall be liable for all damage which any highway or its appurtenances may sustain by reason of any operation under a permit. Trans 230.01(3)(d)3.3. Insurance requirements may be waived for permits issued to the United States government and the armed forces and for such other permittees as may be determined by the issuing authority. Trans 230.01(3)(d)4.4. The issuing authority shall be given 10 days’ advance notice in writing of the cancellation or termination of any insurance required by the terms of a permit. Trans 230.01(3)(d)5.5. The permittee may be required to furnish casualty insurance of an approved type or a bond or to deposit a certified check with the authority issuing the permit in the amount determined by the authority issuing the permit as necessary to protect the issuing authority and its subdivisions against any damage which any highway, highway structure, or its appurtenances may sustain by reason of any operation under the permit. Trans 230.01(3)(d)6.6. The permittee upon request shall provide such greater bodily injury and property damage liability coverage than is specifically set forth herein as may be required by the authority issuing the permit.