(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:
(c)
General limitations on issuance of permits.
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.)
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.
3. Permits shall be issued and valid only for
vehicles equipped with pneumatic tires.
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.
Note: 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).
(d)
Insurance and liability conditions.
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.
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.
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.
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.
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.
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.
(e)
General conditions.
1. The maximum size limitations and the
maximum axle, axle combination and vehicle weights authorized by a permit shall
not be exceeded. A divisible load, consisting of articles none of which exceeds
statutory size limits, may not be transported under a permit.
2. Permits issued by the commission authorize
the use of any of the highways of the state, subject to the limitations stated
in the permit.
3. No permit shall
be considered to set aside any regulation limiting loads because of local
conditions, including bridges and highways posted for load limits, seasonal
weight restrictions, or under construction.
4. The granting of a permit shall not be
considered as a guarantee of the sufficiency of any highway or structure
thereon for such transporting.
5.
Property transported under a permit shall be loaded to reduce to a minimum the
excess over statutory size or gross weight limitations, and an oversize vehicle
used for transporting loads under a permit shall be reduced to statutory size
limitations if practicable when being operated without load. The load shall be
properly secured and fastened to the transporting vehicle.
6. When a vehicle or article under a permit
is in excess of the statutory height limitation, the permittee shall give
adequate notice to owners of overhead wires, cables, or other facilities which
may be affected by the transportation under the permit, and shall make
arrangements with said owners for alteration of such facilities as may be
affected by the transportation authorized by the permit.
7. A load being transported under a permit
may extend beyond the front of the towing vehicle, beyond the left fender line
of the transporting vehicle, or more than 6 inches beyond the right fender line
of the transporting vehicle, provided that such overhang shall be reduced to
the practicable minimum by suitable positioning of the load upon the vehicle
subject to compliance with the requirements of subd. 5. The wheels on one side
of the transporting vehicle shall not carry more than 60% of the total gross
load.
8. The driver shall carry the
approved permit in the vehicle to which it applies and shall have it available
for inspection by any police officer or representative of the issuing authority
or the authority in charge of the maintenance of the highway being
used.
9. Transporting vehicle or
vehicles under a permit shall be registered as required by Wisconsin Statutes,
and any operational permits required by the state of Wisconsin department of
transportation, division of motor vehicles, public service commission, or other
agencies having jurisdiction shall be obtained. Wisconsin registration may be
waived for vehicles registered in another state where such registration meets
the requirements of the state of Wisconsin department of transportation,
division of motor vehicles.
10. The
holder of a permit shall not be relieved of compliance with the provisions of
the statutes, valid ordinances, rules and regulations of any state agency or
subdivision of the state, except to the extent that such statutes, ordinances,
rules and regulations are modified by the conditions of the permit.
11. The authority issuing a permit or its
authorized representatives may temporarily suspend such permit, either in its
entirety or with respect to certain of its conditions, due to seasonal or other
special conditions.
12. Alteration
of a permit, false information given in the application, or failure to comply
with conditions of a permit shall be just cause for the summary suspension,
upon notice verbally or in writing, of the permit, and for the suspension, upon
notice in writing, of other permits held by the permittee. The authority
issuing a permit may revoke it for good cause after having given the permittee
a reasonable opportunity for a hearing. The length of the suspension, and other
matters pertaining to the suspension or revocation of a permit shall be
determined by the issuing authority, which may conduct a hearing upon the
request of the permittee subsequent to the suspension of the permit. Suspended
and revoked permits shall be returned to the issuing authority.
13. The driver of a vehicle operating under a
permit shall, whenever reasonable and practicable, maintain a substantial
distance of approximately 1,000 feet between his vehicle and any vehicle he is
following, unless actually engaged in overtaking and passing such other
vehicle.
14. A solid color red flag
not less than 18 inches square, shall be fastened at each front corner of the
towing unit, at each front corner of the load, and at each rear corner of the
load. The flags shall be mounted at a height of not less than 2 feet nor more
than 6 feet above the roadway. In addition, a solid color red flag shall be
placed at the widest point of the load if more than 4 inches wider than the
width of load or vehicle at the front or rear.
15. When in transit under a permit, all
mobile homes and modular building sections over 8 feet in width shall have
legible signs reading "OVERSIZE LOAD." One sign shall be attached to the front
of the towing vehicle, and the other to the rear of the mobile home or modular
building section. The signs shall have black letters on a yellow background.
The lettering shall have a height and stroke of not less than 10 inches and 1
5/8 inches respectively. Each sign shall be not less than 7 feet long and 18
inches wide. The bottom of the sign on the front of the towing unit shall be
not less than 6 feet above the roadway, and shall be visible to traffic
approaching from the front of the towing vehicle. No sign message on the towing
unit shall be visible to traffic when the unit is not engaged in a towing
operation. The bottom of the sign at the rear of the mobile home or modular
building section shall be not less than 6 feet above the roadway.
16. Mobile home and modular building sections
and the towing vehicle operating under a permit shall be equipped with rear
fenders or mudguards of such material and so 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 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.
17. Except as otherwise provided herein for
specified types of vehicles or loads or in a specific permit, permits are not
valid during the hours of darkness nor during the period beginning at 12:00
noon on the day preceding and continuing until sunrise on the day following
every Sunday and holiday as defined herein. Permits are not valid on Saturday
morning from May 15 to September 15, inclusive, each year. Vehicles exceeding
statutory size or weight limitations shall not be operated on the highway,
whether loaded or empty, during those times when the permit is not
valid.
18. A permit will not be
issued for a vehicle and load exceeding 100 feet in overall length when the
rear supporting axle or axles are at or near the rear of the load unless that
rear support is steerable and steered.
19. A permit is valid only for the vehicle
described upon the face of the application and permit. The applicant shall show
the make and serial number of the power unit on the application. 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 the make and serial
number of the substitute power unit is typed on the permit, and the central
office traffic section of the division of highways, in Madison, is advised by
telephone prior to operating the substitute power unit with the oversize load.
If a power unit breaks down while transporting a load under permit, another
power unit may be substituted provided the permittee immediately advises the
central office traffic section of the division of highways in Madison, by
telephone, prior to using it to transport the load, and the make and serial
number of the substitute power unit are placed on the permit in ink. Changes in
the terms of a permit other than in the identification of the power unit
require a written request and a written amendment to the permit authorizing the
change which shall be attached to the original permit prior to the time of the
move. No permit is transferable to another vehicle without prior
authorization.
20. Any vehicle or
vehicle and load to be considered as operating under a permit must be of such
size or gross weight, or both, as to require a permit under s.
348.25,
Stats., and no vehicle shall be considered to be operating under a permit when
transporting an article which could reasonably be divided or relocated on the
transporting vehicle when such article if divided or relocated would not exceed
statutory limitations.
21. Property
consisting of more than one article, some or all of which exceed statutory size
limitations, may be transported under a permit when statutory gross weight
limitations are not exceeded and the additional articles transported do not
cause the vehicle and load to exceed statutory size limits in any way in which
such limits would be exceeded by the largest single article.
22. Traffic approaching or overtaking a
vehicle and load under permit shall be allowed by the driver of the permitted
vehicle to pass without undue or protracted delay.
23. Notwithstanding any other height or width
limitation which may be authorized by an individual permit, no vehicle or
combination of vehicle and load exceeding 13 1/2 feet in height, or 12 feet in
width, or which by reason of slow speed or other characteristic is likely to
unduly interfere with normal traffic may be operated or transported upon any
completed portion of the interstate highway system unless the permit contains a
special and specific condition authorizing movement under the permit with a
greater height or width upon the interstate highway system or portion
thereof.
24. No permit 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 Silver
Spring Drive.
25. "Holiday" means
January 1, July 4, December 25, the last Monday in May, the first Monday in
September and the fourth Thursday of November. If a holiday, January 1, July 4,
or December 25 falls on Sunday, the following Monday is the holiday for the
purpose of this definition. If a holiday falls on Saturday, the previous Friday
is the holiday for the purpose of this definition.
26. "Hours of darkness" are as defined in s.
340.01(23),
Stats.
27. Permits shall not be
valid during periods when adverse weather or road conditions, such as fog,
smoke, heavy rain, snow or ice, or the velocity of the wind, impair the safety
of a movement under a permit, nor at any other times when there is not
sufficient natural light to render clearly visible any person or vehicle upon a
highway at a distance of 500 feet.
28. All towing units, when transporting a
mobile home or modular building section over 8 feet in width and all escort
vehicles accompanying the movement of such towed units shall have at least one
and preferably 2 yellow flashing (or revolving) warning lights mounted above
the cab. Such flasher(s) shall be mounted so as to be not less than 8 feet
above the road and shall be visible to the front. When 2 lights are provided,
they shall be mounted at the same level, shall be separated laterally as much
as possible, and shall flash simultaneously.
29. All yellow flashing (or revolving)
warning lights required on towing units, towed units and escort vehicles shall
have a reflector at least 7 inches in diameter and shall be bright enough to be
clearly visible and attention-attracting at a distance of 500 feet under all
conditions when the load is on the highway (except when visibility of the light
is obstructed by a hill crest, a curve or an object such as another vehicle).
Such flashers shall not be operated when the towing unit or escort vehicle is
not engaged in transporting a towed unit. The light shall flash at a rate of
from 30 to 90 times per minute. In addition to the flasher(s), towing units and
escort vehicles shall have their headlamps lighted in the low-beam position
when transporting or escorting a mobile home or modular building
section.
30. The maximum speed of a
towed unit from 12 feet to 14 feet, inclusive, in width shall be 35 miles per
hour on two-lane roadways designated as requiring an escort vehicle with the
towed unit. The maximum speed of all vehicles being operated under any permit
issued pursuant to this chapter, except for permits issued pursuant to s. Trans
230.12, on other highways, including escorted towed units on highways having 2
or more lanes for traffic going in the same direction as the towed unit, shall
be 45 miles per hour, but the speed of a towed unit shall be reduced as
necessitated by roadway, traffic, wind and weather conditions, unless another
speed is specified in the permit or is required for obedience to a lower speed
limit established by statute or indicated by official signs. The right wheels
of the towed unit shall not leave the paved portion of the roadway.