Wisconsin Statutes & Annotations
Chapter 348 - Vehicles — size, weight and load.
348.17 - Special or seasonal weight limitations.

348.17 Special or seasonal weight limitations.
(1) No person, whether operating under a permit or otherwise, shall operate a vehicle in violation of special weight limitations imposed by state or local authorities on particular highways, highway structures or portions of highways when signs have been erected as required by s. 349.16 (2) giving notice of such weight limitations, except when the vehicle is being operated under a permit expressly authorizing such weight limitations to be exceeded or is being operated as authorized under sub. (4).
(2) Whenever the operator of a vehicle is ordered by the officer or agency in charge of maintenance or by a traffic officer to suspend operation of such vehicle because of the damage such vehicle is causing or likely to cause to the highway or the public investment therein, the operator shall forthwith comply with such order.
(3) During an energy emergency, after consultation with the public service commission, the department may waive the divisible load limitation of s. 348.25 (4) and authorize for a period not to exceed 30 days the operation of overweight vehicles having a registered gross weight of 50,000 pounds or more and carrying energy resources or fuel or milk commodities designated by the governor or a designee, regardless of the highways involved, to conserve energy. Such authorization may only allow weights not more than 10 percent greater than the gross axle and axle combination weight limitations, and not more than 15 percent greater than the gross vehicle weight limitations under ss. 348.15 and 348.16. Nothing in this subsection shall be construed to permit the department to waive the requirements of ss. 348.05 to 348.07. This subsection does not apply to vehicles on highways designated as parts of the national system of interstate and defense highways, except for the I 39 corridor and the I 41 corridor.
(4) During an energy emergency, after consultation with the public service commission, the department may authorize motor vehicles that have a gross weight of 26,000 pounds or less and that are transporting propane or heating oil for delivery to residences, businesses, or other end users to exceed any special weight limitation imposed under ss. 348.17 (1) and 349.16 (1) (a) and (2) in connection with the thawing of frozen highways. Any person operating a motor vehicle as authorized under this subsection shall, to the extent practicable, deliver propane or heating oil at times of the day when the highways used are the least vulnerable.
(5)
(a) From August 1 to December 31 of each year, no permit shall be required for the transportation of corn, soybeans, potatoes, vegetables, or cranberries from the field to storage on the grower's owned or leased land, from the field to initial storage at a location not owned or leased by the grower, or from the field to initial processing in a vehicle or combination of vehicles that exceeds the weight limitations under s. 348.15 by not more than 15 percent and that satisfies all of the following:
1. Has a registered gross weight of 50,000 pounds or more.
2. Is a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway.
(b) This subsection does not apply to the national system of interstate and defense highways, except for the I 39 corridor and the I 41 corridor.
(6)
(a) From September 1 to December 31 of each year, no permit shall be required for the transportation of manure to or from a farm in a vehicle or combination of vehicles that exceeds the weight limitations under s. 348.15 by not more than 15 percent and that satisfies any of the following:
1. Has a registered gross weight of 50,000 pounds or more.
2. Is a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway.
(b) This subsection does not apply to the national system of interstate and defense highways, except for the I 41 corridor.
History: 1991 a. 316; 1995 a. 348 ss. 11, 13 to 15, 17; 2005 a. 364; 2011 a. 52, 279; 2013 a. 217, 377; 2015 a. 55, 235, 360; 2017 a. 59, 136.
Under the federal Surface Transportation Assistance Act of 1982, 49 USC 31114, the traditional power of state and local governments to regulate travel over local roads remains so long as reasonable access is not denied, and nothing in 49 USC 31114 (b) suggests that all local restrictions on access to statutorily protected destinations must be based on safety considerations. The record in this case reflected that a seasonal weight limitation was a normal restriction transport companies would be aware of, that adequate notice of the restriction was provided, and that a permit to travel the road was readily available. Put together, these facts showed reasonable access was provided, and the town's seasonal weight limitation was not preempted by the Act. Town of Delafield v. Central Transport Kriewaldt, 2020 WI 61, 392 Wis. 2d 427, 944 N.W.2d 819, 17-2525.