reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 193 - Unincorporated cooperative associations. › 193.925 - Court-supervised voluntary dissolution.

193.925
Court-supervised voluntary dissolution.
After a notice of intent to dissolve is filed as required under s. 193.905 (1) and before a certificate of dissolution is issued under s. 193.905 (7), the cooperative or, for good cause shown, a member or creditor of the cooperative may petition the circuit court for the county where the registered address of the cooperative is located to have the dissolution conducted under the supervision of the court. Section 193.905 does not apply to a dissolution conducted under the supervision of the court under this section. Section 193.911 applies to a dissolution conducted under the supervision of the court under this section. The court may grant equitable relief that it deems appropriate in a dissolution conducted under its supervision under this section, if the supervision resulted from an application by the cooperative.
History:  2005 a. 441.
2023 Wisconsin Statutes & Annotations › Chapter 193 - Unincorporated cooperative associations. › 193.935 - Procedure in involuntary or court-supervised voluntary dissolution.

193.935
Procedure in involuntary or court-supervised voluntary dissolution.
(1)
Action before hearing. In a dissolution conducted under the supervision of a court under s. 193.925 or in any action under s. 193.931 (1) the court may take any of the following actions before an initial hearing is completed:
(a)
Issue injunctions.
(b)
Appoint receivers temporarily, until the conclusion of a hearing under sub. (2), with all powers and duties that the court directs.
(c)
Take actions required to preserve the cooperative's assets wherever located.
(d)
Carry on the business of the cooperative.
(2)
Appointment of receiver. In a dissolution conducted under the supervision of a court under s. 193.925 or in any action under s. 193.931 (1) the court may appoint a receiver after a hearing is completed, following notice to the parties as directed by the court. The receiver shall collect the cooperative's assets and amounts owing to the cooperative by subscribers on account of an unpaid portion of the consideration for the issuance of shares. Subject to the order of the court, the receiver may continue the business of the cooperative and lease or dispose of the property and assets of the cooperative at public or private sale.
(3)
Distribution of assets. In a dissolution conducted under the supervision of a court under s. 193.925 or in any action under s. 193.931 (1), the court shall apply the assets of the cooperative and the proceeds resulting from the lease or disposition of the cooperative's property by following all of the following steps, in alphanumerical order:
(a)
Applying the assets and proceeds to cover attorney fees and disbursements made in connection with the proceedings and the other costs and expenses of the proceedings.
(b)
Applying the assets and proceeds to cover debts, taxes, and assessments owing to the United States, this state, and other states, in that order.
(c)
Applying the assets and proceeds to cover worker's compensation claims for which the cooperative is liable under ch. 102, except that this paragraph does not apply to a claim if, at the time of injury, as defined in s. 102.01 (2) (g), the cooperative had in force a policy of worker's compensation insurance as required under s. 102.28 (2) (a).
(d)
Applying the assets and proceeds to cover claims of employees for services performed within 3 months preceding the appointment of the receiver, if any.
(e)
Applying the assets and proceeds to cover other claims proved and allowed.
(f)
Distributing the assets and proceeds to the members or pursuant to a liquidation plan approved by the members.
History:  2005 a. 441.
2023 Wisconsin Statutes & Annotations › Chapter 193 - Unincorporated cooperative associations. › 193.941 - Receiver qualifications and powers.

193.941
Receiver qualifications and powers.
(1)
Qualifications. A receiver appointed under s. 193.935 (1) or (2) shall be an individual, a domestic business entity, or a foreign business entity authorized to transact business in this state and shall give a bond as directed by the court with the sureties required by the court.
(2)
Powers. A receiver may bring and defend suits.
History:  2005 a. 441.
2023 Wisconsin Statutes & Annotations › Chapter 193 - Unincorporated cooperative associations. › 193.951 - Filing claims in involuntary or court-supervised voluntary dissolution proceedings.

193.951
Filing claims in involuntary or court-supervised voluntary dissolution proceedings.
(1)
Filing under oath. In a dissolution conducted under the supervision of a court under s. 193.925 or in any action under s. 193.931 (1), the court may require all creditors and claimants of the cooperative to file their claims, under oath and in a form prescribed by the court, with the court or with a receiver appointed under s. 193.935 (1) or (2).
(2)
Date to file a claim; notice. If the court requires the filing of claims in a dissolution conducted under the supervision of a court under s. 193.925 or in any action under s. 193.931 (1), the court shall do all of the following:
(a)
Set a date at least 120 days after the date the order is filed, as the last day for the filing of claims.
(b)
Prescribe a notice of the fixed date that shall be given to creditors and claimants.
(3)
Claims barred; extension of time for filing. The court may prohibit any person who fails to file a claim before the date established under sub. (2) (a) from claiming an interest in or receiving payment out of the property and assets of the cooperative. At any time before the date established under sub. (2) (a), the court may extend the time for filing claims beyond the date established under sub. (2) (a).
History:  2005 a. 441.
2023 Wisconsin Statutes & Annotations › Chapter 193 - Unincorporated cooperative associations. › 193.955 - Discontinuance of court-supervised dissolution proceedings.

193.955
Discontinuance of court-supervised dissolution proceedings.
A dissolution conducted under the supervision of a court under s. 193.925 or any action under s. 193.931 (1) may be discontinued at any time during the dissolution proceedings if it is established that cause for dissolution does not exist. The court shall dismiss the proceedings and direct the receiver appointed under s. 193.935 (1) or (2), if any, to deliver to the cooperative its remaining property and assets.
History:  2005 a. 441.
2023 Wisconsin Statutes & Annotations › Chapter 193 - Unincorporated cooperative associations. › 193.961 - Order of dissolution.

193.961
Order of dissolution.
(1)
Issuance; effective date. After distribution of a cooperative's assets and proceeds under s. 193.935 (3), the court shall issue an order dissolving the cooperative. The dissolution is effective upon issuance of the order.
(2)
Filing. After the court issues an order under sub. (1), the court shall file a certified copy of the order with the department. The department may not charge a fee for filing the order.
History:  2005 a. 441.
2023 Wisconsin Statutes & Annotations › Chapter 193 - Unincorporated cooperative associations. › 193.971 - Barring of claims.

193.971
Barring of claims.
(1)
Claims barred. Except as provided in s. 193.951 (3), a creditor or claimant who does not file a claim or bring an action during the pendency of the dissolution proceedings or has not brought an action before the commencement of the dissolution proceedings, and all those claiming through or under the creditor or claimant, are forever barred from bringing an action to collect on that claim or otherwise enforcing it, except as provided in this section.
(2)
Certain claims allowed for good cause. Except as provided in s. 193.951 (3), within one year after the date on which the articles of dissolution are filed under s. 193.905 (5) or an order of dissolution is issued under s. 193.961, a creditor or claimant who shows good cause for not having previously filed the claim may apply to the circuit court to allow a claim against the cooperative's undistributed assets or, if the undistributed assets are not sufficient to satisfy the claim, against a person to the extent of the distributions received by that person in the dissolution by virtue of that person's status as a member.
(3)
Certain omitted claims allowed. A person to whom is owed a debt, obligation, or liability incurred during an action under s. 193.931 (1), but who is not paid before the distribution of assets and proceeds under s. 193.935 (3) (f), may bring an action to recover on the claim against the officers, directors, or members of the cooperative before the expiration of the applicable statute of limitations.
History:  2005 a. 441.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.02 - Legislative intent.

194.02
Legislative intent.
It is the intent of the legislature to remove the economic regulations which limit motor carrier operations in the state. The legislature intends to let the market promote competitive and efficient transportation services, while maintaining the safety regulations necessary to protect the welfare of the traveling and shipping public. It is the intent of the legislature that this chapter be interpreted in a manner which gives the most liberal construction to achieve the aim of a safe, competitive transportation industry.
History:  1977 c. 29 s. 1654 (9) (c); 1981 c. 347.
This section's statement of intent to let the market promote competitive and efficient transportation services is specific to motor carriers and does not apply to regulations regarding taxis. County of Milwaukee v. Williams, 2007 WI 69, 301 Wis. 2d 134, 732 N.W.2d 770, 05-2686.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.03 - Interstate commerce and intrastate commerce.

194.03
Interstate commerce and intrastate commerce.
(1)
This chapter shall apply to motor carriers engaged in interstate commerce upon the public highways of this state, in all particulars and provisions lawful under the constitution of the United States and to motor carriers engaged in intrastate commerce upon the public highways of this state.
(2)
Fees and taxes provided in this chapter shall be assessed against operations in interstate commerce and intrastate commerce and collected from the carriers performing such operations, as partial compensation for the use of the highways and policing of the same.
(5m)
In a case involving a claim by a common motor carrier in interstate commerce for freight charges:
(a)
A person may assert as a defense to the claim the existence of a freight charge agreement between the person and the motor carrier which applies to the carriage of the freight at issue and which has not been filed as a tariff with the federal surface transportation board.
(b)
A court shall request the federal surface transportation board or other appropriate federal agency to issue an advisory opinion on any issue which the court determines is within the primary jurisdiction of that agency.
History:  1977 c. 29 s. 1654 (7) (a); 1987 a. 27; 1993 a. 16; 2015 a. 135; 2017 a. 363.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.05 - Exemption.

194.05
Exemption.
(1)
This chapter shall not apply to motor vehicles owned by the United States, any state, or any political subdivision thereof, except in the case of transportation systems acquired and operated between counties under s. 59.58 (3) (d) but in such a case the political subdivision is exempt from the annual permit fee under s. 194.04 (4) (a).
(2)
The provisions of this chapter shall not authorize the fixing of any rates, charges or regulations respecting the transportation of United States mails.
(3)
This chapter shall not apply to transportation of newspapers by motor vehicles having a gross weight of less than 8,000 pounds when any transportation for hire provided by the person who owns or operates the motor vehicle is confined exclusively to the transportation or distribution of newspapers within a radius of 50 miles of the point where the person or motor carrier receives the newspapers from the newspaper publisher or the publisher's drop-off agent or carrier.
(4)
This chapter shall not apply to any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s. 340.01 (8) (c) or (d), and the vehicle combination is operated solely in intrastate commerce.
History:  1973 c. 63, 259; 1977 c. 234, 447; 1993 a. 482; 1995 a. 201; 2005 a. 65.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.08 - Effect of this chapter on powers of department and municipalities.

194.08
Effect of this chapter on powers of department and municipalities.
None of the provisions of this chapter shall be deemed to deprive the department or any municipality of any jurisdiction they now have or which may be conferred upon them over the public highways of the state, nor prevent the department or any municipality from suspending at any time the right of common motor carriers of property or of passengers, contract motor carriers or private motor carriers to operate motor vehicles over any public highway when necessary for the proper preservation or policing of the public highway.
History:  1977 c. 29 s. 1654 (8) (a); 1993 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.09 - Marking carrier vehicles.

194.09
Marking carrier vehicles.
Each motor vehicle operated by a common motor carrier of property or of passengers, a contract motor carrier or a private motor carrier shall be plainly marked in such manner as the department may prescribe, so as to identify such motor vehicle as being operated pursuant to this chapter. This section does not apply to any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s. 340.01 (8) (c) or (d), and the vehicle combination is operated solely in intrastate commerce.
History:  1977 c. 29 s. 1654 (7) (a); 1993 a. 16; 2005 a. 65.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.11 - Inspection of premises or vehicles.

194.11
Inspection of premises or vehicles.
The department or its duly authorized agents may at any time enter upon any premises within this state occupied by any common motor carrier of property or passengers, any contract motor carrier or any private motor carriers, or any motor vehicle of a common motor carrier, contract motor carrier or a private motor carrier for the purpose of exercising any power provided for in this chapter. Duly authorized agents of the department may stop a motor vehicle under this section upon the public highways for the purpose of exercising any power provided for in this chapter.
History:  1977 c. 29 s. 1654 (7) (a); 1985 a. 29, 332; 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.145 - Hearing; decision.

194.145
Hearing; decision.
(1)
Any person adversely affected by a determination of the department under this chapter may petition the division of hearings and appeals for review. The division of hearings and appeals shall set a time for a hearing on the matter, and notice of the hearing shall be given to the petitioner and the department at least 10 days prior to the hearing. The hearing shall be conducted as are hearings for contested cases under ch. 227.
(2)
In its decision the division of hearings and appeals may confirm or reverse or may modify, with or without conditions, the determination of the department. Where appropriate, the division of hearings and appeals may by order direct the department to implement the decision of the division.
(3)
Review of department determinations made under this chapter is a condition precedent to judicial review under ch. 227. Decisions of the division of hearings and appeals are subject to judicial review under ch. 227.
History:  1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.16 - Operation while delinquent unlawful.

194.16
Operation while delinquent unlawful.
No motor carrier of property or of passengers shall operate any motor vehicle pursuant to this chapter while delinquent in the payment of any part of the fees provided under ch. 341.
History:  1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.17 - Penalties.

194.17
Penalties.
Every common motor carrier of property or of passengers, every contract motor carrier and every private motor carrier to which this chapter applies and every person who operates without obtaining a certificate under s. 194.23 or license under s. 194.34, except a license for transporting exempt commodities, or without meeting the insurance requirements under s. 194.41, shall forfeit not less than $500 nor more than $5,000. Any person who violates any other provisions of this chapter including the requirement to obtain a license to transport exempt commodities or the requirement to obtain a permit or who violates orders issued by the division of hearings and appeals or orders or rules issued by the secretary shall forfeit not less than $50 nor more than $100. Each violation constitutes a separate offense. In construing and enforcing the provisions of this section, the act, omission or failure of any officer, agent or servant or other person acting for or employed by any common motor carrier of property or of passengers, any contract motor carrier or any private motor carrier, done within the scope of employment is deemed to be the act, omission, or failure of the common motor carrier of property or of passengers, contract motor carrier or private motor carrier.
History:  1977 c. 29 ss. 1307m, 1654 (7) (a); 1977 c. 273, 447; 1979 c. 34; 1981 c. 347; 1983 a. 27; 1989 a. 359; 1993 a. 16; 1999 a. 139; 2011 a. 262.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.178 - Uniform traffic citation.

194.178
Uniform traffic citation.
Service of a uniform traffic citation on the operator of a vehicle shall be deemed sufficient process to give the appropriate court jurisdiction over the person having or required to have a certificate of authority, permit or license under this chapter or the person required to meet other responsibilities under this chapter upon the filing with or transmitting to the court of the uniform traffic citation.
History:  1979 c. 34; 1993 a. 437.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.20 - Certificates and licenses for carriers in interstate commerce and intrastate commerce.

194.20
Certificates and licenses for carriers in interstate commerce and intrastate commerce.
(1)
Motor carriers operating in interstate commerce or intrastate commerce shall obtain certificates and licenses as provided in ss. 194.23 and 194.34. These certificates and licenses may be denied by the department if it finds that the record and experience of the applicant evinces a disposition to violate or evade the laws or regulations of the state applicable to the operations proposed by the applicant.
(2)
Notwithstanding sub. (1) the department is empowered to act under the provisions of section 206 (a) of the interstate commerce act, as amended by P.L. 87-805, 76 Stat. 911, by making any finding, determination and otherwise doing any other thing necessary to proceed under that statute.
History:  1981 c. 347 ss. 47, 80 (1); 1993 a. 16; 2015 a. 135.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.23 - Certificate required.

194.23
Certificate required.
(1)
No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under the unified carrier registration system consistent with the standards under 49 USC 13908 and 14504a, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.
(2)
The department shall issue a certificate without a hearing and order if the department finds that the applicant is fit, willing and able to provide the transportation authorized by the certificate and to comply with this chapter.
(3)
In determining the ability and fitness of a common motor carrier under sub. (2), the department shall consider all of the following:
(a)
The applicant's compliance with the requirements of ss. 194.41 and 194.42.
(b)
The applicant's safety record.
(c)
The applicant's financial ability to provide cargo insurance or to have adequate financial resources in order to pay for damage claims against the company.
(d)
The applicant's reliability and service record.
(4)
If the department denies a certificate, the department shall notify the applicant in writing of the reason, and the applicant shall have 30 days to correct the deficiency and reapply without payment of an additional application fee.
History:  1981 c. 347 ss. 51, 80 (1); 1985 a. 208; 1993 a. 16; 1999 a. 139; 2007 a. 20; 2013 a. 163.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.24 - Application; form.

194.24
Application; form.
Applications for all certificates, licenses and permits required under this chapter shall be verified, written, and in conformity with department requirements as to form and content. The department shall prepare and make the forms available to applicants.
History:  1977 c. 29 ss. 1313, 1654 (7) (e); 1977 c. 418; 1981 c. 347 s. 80 (1); 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.25 - Nature of certificates.

194.25
Nature of certificates.
(1)
No certificate or license issued in accordance with provisions of this chapter shall be construed to be irrevocable, or to confer any property right upon the holder thereof.
(3)
When the holder of a certificate or license or any right or privilege thereunder dies, his or her personal representative, heirs or surviving spouse may continue to operate thereunder for a reasonable period after his or her death. The department shall have power to determine when such period shall end and no person shall operate under the provisions of this subsection beyond the date fixed by the department. Any person electing to operate under this subsection shall be considered as having assented to be considered as the holder of said certificate, license or any right or privilege thereunder for purposes of regulation under the laws of Wisconsin.
History:  1981 c. 347 ss. 52, 53, 80 (1); 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.31 - Inspection of records.

194.31
Inspection of records.
The secretary, or any person employed by the secretary, shall, upon demand, have the right to inspect the insurance records of any common motor carrier of property or of passengers or of any contract motor carrier and to examine under oath any officer, agent or employee of such carrier in relation to the insurance required under s. 194.41; provided that any person other than the secretary who shall make such demand shall produce his or her authority under the hand and seal of the department.
History:  1977 c. 29 s. 1654 (7) (c), (9) (e); 1977 c. 273; 1981 c. 347; 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.32 - Buses, restrictions.

194.32
Buses, restrictions.
No common motor carrier of passengers shall operate any passenger-carrying bus over any public highway of this state with any trailer or semitrailer attached except for an articulated bus as defined in s. 340.01 (2m). No interurban motor bus which is of a double-decked open-roof design shall be operated upon the public highways under the authority of this chapter. As used in this section an interurban motor bus is deemed to be of a “double-decked open-roof design" when passengers are carried therein on an upper level throughout the length of the bus over passengers on a lower level throughout the length of the bus and the bus roof does not extend throughout the length of the bus or is not permanently enclosed with rigid construction.
History:  1981 c. 159; 1993 a. 16; 2005 a. 11; 2011 a. 54, 243.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.33 - Municipal consent.

194.33
Municipal consent.
No common motor carrier of property or of passengers shall operate any motor vehicle within or through any municipality except in compliance with action taken by the municipality in relation to streets, roads and routes in the municipality. No action by any municipality under this section shall be subject to review by the department.
History:  1977 c. 29 s. 1654 (7) (a); 1993 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.34 - Contract motor carriers; license; application and hearing.

194.34
Contract motor carriers; license; application and hearing.
(1)
No person may operate any motor vehicle as a contract motor carrier unless the person first obtains a license and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under the unified carrier registration system consistent with the standards under 49 USC 13908 and 14504a, for the operation of the motor vehicle, except that no permit is required for the operation of a semitrailer. The department may refuse to issue any license or may attach to the exercise of the privilege granted by a license any terms or conditions which are permitted under this chapter.
(2)
The department shall issue a license without a hearing and order if the department finds that the applicant is fit, willing and able to provide the transportation to be authorized by the license and to comply with this chapter.
(3)
In determining the ability and fitness of a contract motor carrier under sub. (2), the department shall consider all of the following:
(a)
The applicant's compliance with the requirements of ss. 194.41 and 194.42.
(b)
The applicant's safety record.
(c)
The applicant's financial ability to provide cargo insurance or to have adequate financial resources in order to pay for damage claims against the company.
(d)
The applicant's reliability and service record.
(4)
If the department denies a license, the department shall notify the applicant in writing of the reason, and the applicant shall have 30 days to correct the deficiency and reapply without payment of an additional application fee.
History:  1981 c. 347 ss. 61, 80 (1); 1985 a. 208; 1993 a. 16; 1999 a. 139; 2007 a. 20; 2013 a. 163.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.355 - Operation under certificate, license or permit.

194.355
Operation under certificate, license or permit.
The operation of a motor vehicle under a certificate or permit issued to a common motor carrier or under a license or permit issued to a contract motor carrier shall, during the effective life of the certificate, license or permit, be deemed to be the operation of the holder of the certificate, license or permit for all purposes related to the enforcement of this chapter and chs. 110, 341 to 349 and 351.
History:  1979 c. 333 s. 5; 1981 c. 390; 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.37 - Enforcement.

194.37
Enforcement.
The department shall enforce the orders relating to the provisions of this chapter and shall coordinate and allocate its activities so as to effectively enforce such orders and this chapter.
History:  1977 c. 29 ss. 1318, 1654 (7) (e), (9) (e); 1981 c. 347 ss. 63, 80 (1); 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.38 - Regulatory powers of department.

194.38
Regulatory powers of department.
(1)
It shall be the duty of the department:
(b)
To prescribe rules and regulations as to safety of operations and the hours of labor of drivers of motor vehicles operated under the authority of this chapter.
(e)
To act in accordance with 49 USC 14504 by making any finding, determination and otherwise doing any other thing necessary to proceed under that statute. Nothing in this paragraph shall permit the department to extend the length or weight of motor vehicles.
(2)
Nothing in this section shall permit the department to promulgate any rule under which the provisions of 49 CFR 390, 391, 392, 395, and 397 are applicable to, or enforceable with respect to, any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s. 340.01 (8) (c) or (d), and the vehicle combination is operated solely in intrastate commerce.
History:  1971 c. 139; 1977 c. 29 s. 1654 (7) (a); 1981 c. 20, 42, 347; 1993 a. 16; 1999 a. 139; 2005 a. 65.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.407 - Unified carrier registration system.

194.407
Unified carrier registration system.
(1)
The department may participate in and do all things necessary to implement and administer a unified carrier registration system for motor carriers, including private motor carriers, in accordance with 49 USC 13908 and 14504a. The department may, consistent with federal law, establish by rule an annual fee under this section for a motor vehicle that is operated in this state and that is subject to the unified carrier registration system.
(3)
The department may use the emergency rules procedure under s. 227.24 to promulgate rules establishing the annual fee specified in sub. (1). Notwithstanding s. 227.24 (1) (c) and (2), these emergency rules may remain in effect until a subsequent rule is promulgated under this subsection or until the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
History:  2007 a. 20; 2011 a. 262.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.42 - Exemption from undertaking; proof of financial responsibility; revocation.

194.42
Exemption from undertaking; proof of financial responsibility; revocation.
The department may by order exempt from the requirements of s. 194.41 any common motor carrier of property or of passengers, or other carrier of passengers by motor bus, or contract motor carrier upon written application therefor and finding that the applicant has the financial ability to pay any and all damages, liability for which would otherwise be assumed by an indemnitor under s. 194.41. Any person so exempted shall furnish to the department from time to time such information as to financial ability as the department may require and shall promptly report to the department all accidents and injuries arising out of its operations subject to this chapter. Such exemption may be granted as to all or part of the motor vehicles operated by the applicant. The department may by order revoke any such exemption, after hearing upon 10 days' notice, and for cause. Within 10 days after the date of such order of revocation the person affected thereby shall in all respects comply with s. 194.41.
History:  1977 c. 29 s. 1654 (7) (a); 1977 c. 273.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.43 - Private motor carriers; regulation by department.

194.43
Private motor carriers; regulation by department.
The department may regulate the operations of private motor carriers, including the power to designate from time to time the public highways over which private motor carrier vehicles may or may not be operated and to designate the time that such vehicles may or may not be operated thereon so as to prevent congestion which shall affect the safety of persons and property upon such public highways; to require the display of satisfactory evidence that such vehicle is not being used for common or contract motor carrier purposes; and to prescribe reasonable and necessary rules and regulations for the safety of operation of private motor carriers.
History:  1977 c. 29 s. 1654 (7) (a); 1985 a. 202.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.46 - Amendment, suspension, or revocation of certificate, license, or permit; hearing.

194.46
Amendment, suspension, or revocation of certificate, license, or permit; hearing.
The department may at any time, by its order duly entered after a hearing had, upon notice to the holder of any certificate, license, or permit under this chapter and an opportunity to be heard, at which it shall be proved that the holder has willfully violated or refused to comply with any of the provisions of this chapter or s. 346.924, or any orders or rules of the department, alter, amend, suspend, or revoke the certificate, license, or permit. The department may suspend or revoke a certificate, license, or permit under this chapter if, after providing the holder thereof notice and an opportunity to be heard on the matter, the department finds that service under the certificate, license, or permit has been abandoned. A person who is aggrieved by an order of the department under this section may, within 30 days after the date that the order is issued, request a review of the order by the division of hearings and appeals.
History:  1977 c. 29; 1981 c. 347 ss. 68, 80 (1); 1985 a. 277; 1993 a. 16; 2005 a. 250; 2013 a. 363.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.51 - Suit to recover protested tax.

194.51
Suit to recover protested tax.
No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied in this chapter. The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest, may at any time within 90 days from the date of such payment, sue the state in an action at law to recover the tax so paid. If it is finally determined that said tax, or any part thereof, was wrongfully collected for any reason, it shall be the duty of the secretary of administration to pay out of the transportation fund the amount of such tax so adjudged to have been wrongfully collected. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made within any 90-day period preceding the commencement of such an action. Such suits shall be commenced as provided in s. 775.01.
History:  1977 c. 29 s. 1654 (1); 1979 c. 32 s. 92 (5); 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 194 - Motor vehicle transportation. › 194.53 - Certain liability provisions in motor carrier transportation contracts prohibited.

194.53
Certain liability provisions in motor carrier transportation contracts prohibited.
(1)
In this section:
(a)
“Affiliate" of a promisee means any agent of the promisee or any independent contractor that is directly responsible to the promisee, but excludes a motor carrier that is a party to a motor carrier transportation contract with the promisee, any employee or agent of such a motor carrier, or any independent contractor directly responsible to such a motor carrier.
(b)
“Motor carrier" means a common motor carrier or contract motor carrier.
(c)
1.
“Motor carrier transportation contract" means any agreement, regardless of whether it is written, oral, express, or implied, between a motor carrier and a promisee covering any of the following:
a.
The transportation of property for hire by the motor carrier.
b.
The motor carrier's entrance on property for the purpose of loading, unloading, or transporting property for hire.
c.
Any service of the motor carrier incidental to any activity under subd. 1. a. or b., including the storage of property.
2.
“Motor carrier transportation contract" does not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.
(d)
“Promisee" means any person that enters into a motor carrier transportation contract with a motor carrier.
(2)
(a)
Notwithstanding s. 401.302, ch. 407, and any other provision of law, no provision of a motor carrier transportation contract, and no covenant or agreement collateral to or affecting a motor carrier transportation contract, may indemnify, hold harmless, or require the motor carrier to provide a defense to the promisee or any employee or affiliate of the promisee, or have the effect of indemnifying, holding harmless, or requiring the provision of a defense, from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee or any employee or affiliate of the promisee.
(b)
Any provision, covenant, or agreement in violation of par. (a) is void and unenforceable.
History:  2011 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.001 - Definitions.

195.001
Definitions.
In this chapter:
(1m)
“Department" means the department of transportation.
(2)
“Office" means the office of the commissioner of railroads.
(2m)
“Railroad historical society" means a nonprofit historical society that operates railroad locomotives and rolling stock on railroad tracks for the purpose of historic preservation and is not a common carrier.
(3)
“Railroad track equipment" means a device that is operated on rails and used primarily for the maintenance of railroads.
History:  1977 c. 29; 1981 c. 347; 1983 a. 189; 1991 a. 269; 1993 a. 16, 123; 2011 a. 101.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.02 - Definitions, scope of chapter, application of statute.

195.02
Definitions, scope of chapter, application of statute.
(1)
In this chapter, unless a different meaning is manifest: “Railroad" means and embraces all corporations, companies, individuals, associations, their lessees, trustees or receivers that own, operate, manage or control any railroad or part of a railroad as a common carrier in this state, or cars, or other equipment used thereon, or bridges, terminals or sidetracks, used in connection therewith, whether owned by such railroad or otherwise.
(3)
This chapter applies to the transportation of passengers and property between points within this state, and to the receiving, switching, delivering, storing and handling of such property, and to all water carrier charges connected therewith, and applies to all common carriers engaged in the transportation of passengers or property wholly by rail or partly by rail and partly by water, and to all common carriers of property wholly by water which operate between fixed end points, but shall not apply to transportation of property by water under contract as a private carrier.
(4)
This chapter shall not apply to private railroads that are not common carriers.
(4m)
Each provision of this chapter applies only to the extent that it is not contrary to or inconsistent with federal law or the constitution of the United States.
(5)
“Water carrier" means a common or contract carrier of property by water that operates between fixed end points, but does not include a water carrier under common control with a railroad when transporting freight for continuous carriage or shipment. In this chapter, “common carrier," with respect to a water carrier, includes a contract carrier other than a private contract carrier.
History:  1977 c. 29; 1979 c. 110; 1985 a. 187; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.04 - Complaints, investigation, hearings, notice.

195.04
Complaints, investigation, hearings, notice.
(1)
Upon complaint of any person, including any state agency, water carrier, or railroad, either relating to a railroad as provided under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32 or that any water carrier rate, fare, charge, or classification or any regulation or practice whatever affecting the transportation of persons or property, or any service in connection therewith, is in any respect unreasonable or unjustly discriminatory or that any service is inadequate, the office may investigate the complaint and shall set the complaint for hearing. No order may be entered by the office without a public hearing, except as otherwise provided in this chapter.
(2)
The office shall, prior to any hearing, notify the water carrier or railroad complained of that a complaint has been made, and 20 days after such notice has been given the office may proceed to set a time and place for a hearing.
(3)
The office shall give the water carrier or railroad and the complainant 20 days' notice of the hearing and the matters to be considered and determined. Both the water carrier or railroad and the complainant shall be entitled to be heard and shall have process to enforce the attendance of witnesses.
(4)
The notice provided for in subs. (2) and (3) may be combined but if combined the notice shall not be less than 20 days.
History:  1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.041 - Separate rate hearings; absence of direct damage.

195.041
Separate rate hearings; absence of direct damage.
The office may, when complaint is made of more than one water carrier rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such times as it may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.
History:  1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.042 - Summary investigations.

195.042
Summary investigations.
Whenever the office believes that any water carrier rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any water carrier or, if a matter arising under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32, to any railroad should for any reason be made, it may investigate the same with or without notice.
History:  1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.043 - Procedure after summary investigation.

195.043
Procedure after summary investigation.
(1)
If, after summary investigation, the office becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters investigated, it shall set a time and place for a hearing. The office shall publish notice of any such investigation in its weekly calendar and any report and all matters considered by the office with respect thereto shall be available for public inspection upon request.
(2)
Notice of the time and place for such hearing shall be given to the water carrier or railroad, and to such other interested persons as the office deems necessary, as provided in s. 195.04, and thereafter proceedings shall be had and conducted in reference to the matter investigated in like manner as though complaint had been filed with the office relative to the matter investigated, and the same order or orders may be made in reference thereto as if such investigation had been made on complaint.
History:  1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.044 - Witness fees and mileage.

195.044
Witness fees and mileage.
(1)
Each witness who appears before the office or its agent, by its order, shall receive for attendance the fees and mileage now provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the office. Said fees and mileage shall be charged to the appropriation for the office.
(2)
No witness subpoenaed at the instance of parties other than the office is entitled to compensation from the state for attendance or travel unless the office certifies that the witness' testimony was material to the matter investigated.
History:  1977 c. 29, 273; 1981 c. 347 ss. 71, 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.045 - Depositions.

195.045
Depositions.
The office or any party may in any hearing cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts. Any expense incurred or authorized by the office in taking such depositions shall be charged to the appropriation for the office.
History:  1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.046 - Record.

195.046
Record.
A full and complete record shall be kept of all proceedings before the office or its hearing examiners.
History:  1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.047 - Transcripts as evidence.

195.047
Transcripts as evidence.
A transcribed copy of the evidence and proceedings or any specific part thereof, on any hearing under this chapter taken by the stenographer, being certified by such stenographer to be a true and correct transcript of all the testimony or of a particular witness, or of other specific part thereof, carefully compared with the original notes, and to be a correct statement of the evidence and proceedings had on such hearing so purporting to be taken and transcribed, shall be received in evidence with the same effect as if such reporter were present and testified to the fact so certified. A copy of such transcript shall be furnished on demand free of cost to any party to such hearing.
History:  1977 c. 29.
2023 Wisconsin Statutes & Annotations › Chapter 195 - Railroad and water carrier regulation. › 195.048 - Incriminating evidence.

195.048
Incriminating evidence.
(1)
No person may be excused from testifying or from producing books, accounts and papers in any proceeding based upon or growing out of any violation of this chapter on the ground or for the reason that the testimony or evidence may tend to incriminate or subject the person to penalty or forfeiture, but no person having so testified may be prosecuted or subjected to any penalty or forfeiture for or on account of any such testimony. No person so testifying may be exempted from prosecution or punishment for perjury in testifying.
(2)
The immunity provided under sub. (1) is subject to the restrictions under s. 972.085.
History:  1977 c. 29, 273; 1989 a. 122.