LRB-1458/3
PEN:jlg:km
1999 - 2000 LEGISLATURE
October 26, 1999 - Introduced by Senators Burke, Darling, Farrow, Grobschmidt
and Risser, cosponsored by Representatives Kelso, Black, Bock, Coggs,
Krusick, Miller, Schneider, Wasserman and Ziegelbauer, by request of the
American Automobile Association of Wisconsin. Referred to Committee on
Insurance, Tourism, Transportation and Corrections.
SB265,1,5
1An Act to renumber 346.94 (7);
to renumber and amend 348.10 (2);
to amend
2347.46 (2) (intro.); and
to create 346.94 (7) (b), 347.46 (2) (d) and 348.10 (2) (b)
3and (c) of the statutes;
relating to: transporting bulk materials on a highway,
4liability for spilling waste or foreign matter upon or along a highway and
5mudguards on motor trucks and semitrailers transporting bulk materials.
Analysis by the Legislative Reference Bureau
Current law requires the driver of every vehicle transporting waste or foreign
matter on the highways of this state to provide adequate facilities to prevent such
waste or foreign matter from spilling on or along the highways. This state's supreme
court has held that this law was not intended to establish a standard of due care to
be applied in negligence actions, so a violation of this law is not a sufficient basis for
imposing liability for damages caused by the spilled waste or foreign matter. Kalkopf
v. Donald Sales & Mfg. Co., 33 Wis.2d 247, 256 (1967).
This bill makes a person who spills waste or foreign matter from his or her
vehicle on or along the highway liable for any harm to another user of the highway
or another vehicle caused by the spilled waste or foreign matter.
This bill requires that a load of bulk material, such as sand, gravel or dirt, that
is not in containers be covered to prevent the load from dropping or sifting from the
vehicle when transported on a highway. Failure to comply with this provision also
may result in a forfeiture of not less than $10 nor more than $200.
This requirement does not apply to bulk material being applied to a highway
for highway construction or maintenance or for winter snow or ice treatment.
Under current law, privately owned motor trucks and semitrailers that are
equipped with dump bodies and operated on a highway between cities are not
required to be equipped with rear fenders or mudguards. This bill requires such
vehicles to be equipped with mudguards. The bill establishes minimum
specifications for mudguards on vehicles transporting sand, gravel, dirt, rock, refuse
or similar bulk material. Failure to comply with the requirement of mudguards on
these vehicles may result in a forfeiture of not less than $100 nor more than $200.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB265, s. 1
1Section
1. 346.94 (7) of the statutes is renumbered 346.94 (7) (a).
SB265, s. 2
2Section
2. 346.94 (7) (b) of the statutes is created to read:
SB265,2,43
346.94
(7) (b) Any person who violates par. (a) is liable for any harm to another
4person using the highway or to another vehicle resulting from the violation.
SB265, s. 3
5Section
3. 347.46 (2) (intro.) of the statutes is amended to read:
SB265,2,146
347.46
(2) (intro.) No person
shall
may operate on a highway in intercity
7movement any privately owned motor truck or privately owned semitrailer drawn
8by a truck tractor, except those motor trucks and semitrailers equipped with dump
9bodies, unless such motor truck or semitrailer is equipped with
rear fenders or 10mudguards
or, except for those motor trucks and semitrailers transporting sand,
11gravel, dirt, rock, refuse or similar bulk material, rear fenders of such material and
12so constructed and placed as to restrict to a minimum the splashing of water, mud
13or other material which may be thrown by the rear wheels. Such rear fenders or
14mudguards shall meet the following minimum specifications:
SB265, s. 4
15Section
4. 347.46 (2) (d) of the statutes is created to read:
SB265,3,216
347.46
(2) (d) Notwithstanding pars. (a) to (c), the mudguards on a motor truck
17or semitrailer transporting sand, gravel, dirt, rock, refuse or similar bulk material
1shall be mounted to the rear of the axles, cover the entire width of the vehicle and
2have a ground clearance of not more than 6 inches when the vehicle is loaded.
SB265, s. 5
3Section
5. 348.10 (2) of the statutes is renumbered 348.10 (2) (a) and amended
4to read:
SB265,3,75
348.10
(2) (a) No person
shall may operate a vehicle on a highway unless such
6vehicle is so constructed and loaded as to prevent its contents from dropping, sifting,
7leaking or otherwise escaping therefrom.
SB265, s. 6
8Section
6. 348.10 (2) (b) and (c) of the statutes are created to read:
SB265,3,129
348.10
(2) (b) Notwithstanding par. (a), no person may operate on a highway
10a vehicle loaded with sand, gravel, dirt, rock, refuse or similar bulk material that is
11not in containers, unless the vehicle is so loaded and covered as to prevent the load
12from dropping or sifting from the vehicle.
SB265,3,1513
(c) This subsection does not apply to the application of a bulk material to a
14highway for the purposes of maintenance or construction of the highway or of
15highway winter maintenance snow and iced removal.
SB265,3,1917
(1) The renumbering of section 346.94 (7) of the statutes and the creation of
18section 346.94 (7) (b) of the statutes first apply to material spilled on or along a
19highway on the effective date of this subsection.
SB265,3,2320
(2) The treatment of section 347.46 (2) (intro.) and (d) of the statutes, the
21renumbering and amendment of section 348.10 (2) of the statutes and the creation
22of section 348.10 (2) (b) and (c) of the statutes first apply to motor trucks operated
23on the effective date of this subsection.
SB265,4,2
1(1)
This act takes effect on the first day of the 4th month beginning after
2publication.
