2013 Wisconsin Act 377 relating to certain agricultural vehicles was signed into law by Governor Walker on April 23, 2014. The Act made significant changes in the law regarding weight and size limits for agricultural vehicles. It also gave local governments some new, though limited, options with respect to regulating certain kinds of agricultural vehicles that fall under the new law.
Can I still protect the roads?
Let me start by stating what Act 377 did not do: it did not change the fundamental authority of a town, village or city to protect its roads from damage. See Wisconsin Statute § 86.02 “Injury to highway” and § 349.16(1)(c) (road agreements). These laws give local municipal officials strong tools, if exercised correctly, to prevent injury to roads, and to make sure that damage done by specific vehicles or operations is paid for by those causing the damage.
What about seasonal or special weight limits?
The new law did not change a local municipality’s ability to impose seasonal or special weight restrictions on roads, culverts and bridges under Wisconsin Statute §§ 348.17 and 349.16. A local municipality can still impose seasonal weight limits “because of weakness of the roadbed due to deterioration or climatic conditions or other special or temporary conditions….”
Does the new law cover all farm vehicles? What about logging?
Act 377 does not cover all farm vehicles. It only covers those agricultural vehicles as defined in the Act. For example, it doesn’t include logging trucks, sand trucks, or normal, licensed dump trucks or semi-trucks, no matter what they are hauling. There are many other exceptions, so be careful and be specific when applying this new law.
So what kind of vehicles does it cover?
Generally, Act 377 was designed to cover farm and agricultural vehicles, which are not “normal” registered commercial vehicles, and which are “normally” operated in fields, not on roads, but will be driven or towed on roads to get from farm to field or field to field.
The new law has a complicated set of definitions which you can find in Wisconsin Statute §§ 340.01(1o) and 340.01 (24). These statutes define the two major categories of agricultural vehicles covered under the new law – “implements of husbandry” (IoH) and “agricultural commercial motor vehicle” (Ag CMV). Broadly speaking, an IoH is a vehicle designed and manufactured to be used in a field and not intended for normal road use. An Ag CMV is a vehicle designed for normal commercial vehicle operation, but has been substantially altered such that it can really only be used for agricultural operations. IoH includes things like tractors, combines, harvesters, and various fertilizer and chemical spreaders. (The law further defines sub categories of IoH which is important because Category B IoHs receive some special treatment). Ag CMV would include a standard commercial truck which has been modified for field use, for example with a special box or tank to spray fertilizer or pesticides (not manure) directly. Ag CMVs do not need to be licensed unless they will be used for regular highway operation.
What are some of the important changes I should be aware of?
- The Act increased the maximum weight limitation for IoHs and Ag CMVs by about 15% above the normal weight limitation for other vehicles. This increased the maximum weight limit from 80,000 to 92,000 pounds. These maximums are based on a per axle maximum of 20,000 pounds generally, and 23,000 pounds per axle for most IoHs and Ag CMVs. (Remember, this did not increase the weight limits for regular trucks, only IoHs and Ag CMVs).
- Certain types of IoHs, called Category B IoHs, are limited to the 92,000 pound maximum, but not the 23,000 pound axle limit, unless the local government imposes the per axle limit by ordinance. Generally, Category B IoHs can be thought of as those that are self-propelled and not designed for road use Examples of Category B IoHs are combines, forage harvesters or self-propelled fertilizer or pesticide application equipment (but not including manure application equipment which is defined into Category C by the law).
- Category B IoHs may exceed weight limits to operate on roads for incidental trips if traveling between fields or between a farm and a field for less than half a mile.
- Category B IoHs do not have to comply with Class B road postings.
- The Act created a new “no-fee permit” issued by the Department of Transportation (DOT) and local authorities for IoHs and Ag CMVs that exceed statutory length or weight limitations. Local municipalities will want to review their options, and the related article in this Municipal Law Alert discusses what local authority options are allowed.
- Category B IoHs must be given a permit for the route requested, or be given an approved alternate route.
The Act also makes many other changes that are important for farmers, haulers and implement dealers, but are probably less important for local municipalities. For example, there are some new length, width, height and lighting and marking limitations, but these would typically be regulated and enforced by the State Patrol or County Sheriff’s Department.
Although the Act permits heavier vehicles on local roads, a permit to exceed a weight limit is not a permit to damage or destroy a road. Local governments have the tools to protect their roads from damage done by specific vehicles or operations, whether industrial or agricultural.
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