New Implements of Husbandry Bill Now in Effect

By
April 28, 2014

In an effort to modernize state law with regard to the operation of farm machinery, Governor Scott Walker signed Act 377, often referred to as the “Implements of Husbandry Bill,” on April 24, 2014. Act 377 increases weight limits and size restrictions for implements of husbandry (IoHs), eliminates restrictions on hours of operation, revises the definition of IoHs, and creates a new category of exempt vehicle referred to as “agricultural commercial motor vehicles.”
Weight limits. Act 377 increases previous gross weight limitations for IoHs and agricultural commercial motor vehicles by fifteen percent. The weight limitation depends on the number of axles on the vehicle and the distance between the first and last axle, for a maximum gross weight limit of 92,000 pounds. The increased weight limitations do not apply to vehicles operated on interstate highways and do not apply when municipalities and counties have posted other weight restrictions on roads that are under their jurisdiction.
Act 377 also creates exceptions from any weight restrictions for specific IoHs under certain circumstances. For instance, specified IoHs, such as self-propelled combines and harvesters, are not subject to weight limitations when traveling between fields or between the farm and a field when the distance traveled is less than a half mile. When operating under this exception, farmers must use caution because not all IoHs qualify. Also, this exception to the weight restrictions does not apply to interstate highways or roads with posted weight restrictions. In addition, municipalities and counties can impose restrictions that supersede this exception on roads that are under their jurisdiction.
Safety Requirements. Act 377 also added certain safety requirements that will be in effect on November 1, 2015. As of that date, all vehicles greater than fifteen feet in length will need front and rear warning lights and visible reflective material. Warning lights are not required if the vehicle operates in daylight with an escort vehicle and two orange or red flags are placed on the outer edges of the vehicle. In addition, all vehicles greater than twenty-two feet in length must have an escort vehicle with hazard lights turned on unless the vehicle is traveling less than a half mile.
Implements of Husbandry Redefined. Act 377 completely revises the definition of an IoH. In the past, the definition of an IoH was vague and often hinged on how the vehicle was used in the farming operation. This caused problems for farmers, as avoiding a traffic citation for failure to register the vehicle required proving the vehicle was designed for agriculture purposes, used exclusively in the conduct of agricultural operations and used principally off the highway. Under Act 377, the definition specifically defines an IoH by type of vehicle, and identifies various vehicles, such as farm tractors, combines and harvesters as IoHs. The new definition eliminates the need to prove, among other things, that the vehicle is used “principally” off the highway in order to justify non-registration.
Agricultural Commercial Motor Vehicles. Act 377 creates the term “agricultural commercial motor vehicles.” In the past, some vehicles that now qualify under this definition were arguably IoHs even if they were initially designed primarily for highway use. As with any IoH, however, the possibility of receiving a traffic citation was a possibility unless the farmer could prove the vehicle fit under the definition of IoH.
The new category of vehicle provides clarity, specifying that an agricultural commercial motor vehicle is specifically exempt from registration requirements. This new classification should assist farmers when a vehicle is used exclusively on the farm, even though it could arguably be used as a highway vehicle. The owner of the vehicle must complete a “self-certification form” beginning on May 24, 2014. This certification will need to be presented to a law enforcement officer in order to demonstrate exemption from registration requirements.
Conclusion. Act 377 provides clarity for farmers, as well as revising Wisconsin’s laws to reflect the realities of modern agriculture. Because of these changes, it is important for all farmers to ensure their vehicles and machinery operate in compliance with the new law. To do so, verify that all machinery complies with current weight restrictions by consulting the Wisconsin Department of Transportation weight chart on their website.  Also, always be aware that counties and municipalities may override weight restrictions in certain instances and be aware of seasonal road restrictions and roads posted with special weight limits.

Back to all News & Insights

This document provides information of a general nature regarding legislative or other legal developments, and is based on the state of the law at the time of the original publication of this article. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed. You should not act upon the information in this document without discussing your specific situation with legal counsel.

© 2024 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.