Trying to Get it Right in Wisconsin

For the past two years, the farm equipment industry has been watching attempts by local governments in Wisconsin, via the state legislature, to place restrictions on limited use farm equipment on public roadways. They sought a permit process that we believed would not work. We have been involved, with many other industry groups, because it matters to our members and farmers in Wisconsin, and it matters in every state where farmers must move large, modern farm equipment on local roads.

We enjoyed limited success in the closing days of the 2014 session when lawmakers agreed to provide carve-outs in the bill for specific types of equipment. Even with that success, however, it was clear that the no-fee permit process was flawed to the point of being unworkable.

Because the weight limit statute goes into effect this week, the Wisconsin legislature is rushing to fix the problems caused by requiring local governments to issue no-fee permits for farm equipment that exceeds the applicable limitations. Assembly Bill 113, which legislators will vote on this week, makes a number of the changes the Association and others have sought, including:

Expand the limited carve-out for farm equipment to include vehicles that assist other vehicles in the harvesting of farm products, and vehicles that directly apply manure to fields, or off-load manure in circumstances in which the manure cannot be directly applied.

Amend the definition of ‘implement of husbandry’ to provide that a vehicle combination that consists of a towed implement of husbandry and an agricultural CMV as the towing power unit, is an implement of husbandry.

Amend the definition of ‘potato harvester’ to include both self-propelled and towed vehicles.

Authorize the operation of implement of husbandry with rubber tracks, if the operation will not injure the highway.

Extend the increased weight limitations and oversize exemptions applicable to implements of husbandry and agricultural commercial motor vehicles (CMV) to implements of husbandry and CMVs that are transported by trailer or semi-trailer.

Authorize a person operating under a no-fee permit to cross an intersecting highway under the jurisdiction of another authority without obtaining a permit.

Exempt from length limits an irrigation system combined with a farm tractor or truck temporarily operated upon a highway.

Provide that a person to whom a no-fee permit has been issued may, at any time, apply for an amendment to reflect a change in the applicant’s circumstances or information, including a change in the listing or map of highways to be traveled.

Authorize a person who holds a no-fee permit to operate a replacement vehicle if the vehicle for which the permit was issued is removed from service or sold, so long as the replacement vehicle is of equal or lesser weight, or of equal or lesser size, for the remainder of the permit period.

Provide that a maintaining authority may not deny a no-fee permit. Instead, the maintaining authority must modify the application to include an alternate route or map of highways and accept the application.

One stipulation included in the proposed changes, which we did not request, requires farm implement dealers to disclose, in addition to an implement’s gross vehicle weight, the implement’s axle weights, at the time of sale.

We urge members in other states to follow our website (FarmEquip.org/IOH) for news on this issue, and to make their elected officials aware of the effects of this “well-intentioned legislation” on the future sale and use of farm equipment in your state. S