Wis. Admin. Code ATCP § ATCP 92.50

Current through November 25, 2024
Section ATCP 92.50 - Vehicle tank meter; license to operate
(1) LICENSE REQUIRED.
(a) Except as provided in par. (b), no person may operate a vehicle tank meter without an annual license from the department. An annual license expires on October 31. A separate license is required for each vehicle tank meter. A license is not transferable between persons or vehicle tank meters.
(b) Paragraph (a) does not apply to an individual who operates a vehicle tank meter only as an employee of a person who holds a license under par. (a) to operate that vehicle tank meter.
(2) LICENSE APPLICATION. A person shall apply for a license under par. (a) on a form provided by the department. The application shall include all of the following:
(a) A test report that complies with s. ATCP 92.52 and shows that the vehicle tank meter is accurate.
(b) The license fees and surcharges required under sub. (3).

Note: An application form under sub. (2) may be obtained at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Trade and Consumer Protection

Weights & Measures Program

P.O. Box 8911

Madison, WI 53708-8911.

(3) LICENSE FEES AND SURCHARGES. An application under par. (b) shall include all of the following fees and surcharges:
(a) A license fee of $40 for each vehicle tank meter for the license year beginning on November 1, 2011, and ending on October 31, 2012.
(b) A license fee of $60 for each vehicle tank meter for all license years beginning after October 31, 2012.
(c) A surcharge of $200 if the department determines that within one year prior to submitting the application, the applicant operated the vehicle tank meter without a license required under par. (a) or (b). A surcharge payment under this paragraph does not relieve the applicant of any other civil or criminal liability for violating sub. (1), but is not evidence of a violation.
(d) A surcharge of $200 if the department determines that, within one year prior to submitting the application, the applicant failed to comply with the reporting requirement under s. ATCP 92.52. A surcharge payment under this paragraph does not relieve the applicant of any other civil or criminal liability for violating s. ATCP 92.52, but is not evidence of a violation.
(e) Reinspection fees, if any, required under s. ATCP 92.60.
(4) ACTION ON LICENSE APPLICATION. The department shall grant or deny a license application under sub. (2) within 20 business days after the department receives a complete application.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 92.50

CR 09-105: cr. Register December 2010 No. 660, eff. 1-1-11; CR 13-043: am. (3) (d) Register February 2014 No. 698, eff. 5-1-14.
Amended by, corrections in (2) (b) (Note) made under s. 13.92(4) (b) 7, Stats., Register August 2016 No. 728, eff. 9/1/2016
Amended by, correction in (2) (b) (Note) made under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017