Wis. Admin. Code Trans § Trans 176.06

Current through December 30, 2024
Section Trans 176.06 - Minimum limits of liability security
(1) The minimum limits of liability security for bodily injury and property damage liability required under this chapter are:
(a) For-hire property carriers:

OCT. 1, 1982 THROUGH December 31,1984

ON AND AFTER January 1,1985

1.

Vehicles transporting hazardous substances, as defined in 49 CFR 171.8 transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3500 water gallons; or in bulk Class A and B explosives, poison gas (Poison A), liquefied compressed gas or compressed gas; or highway route controlled quantity radioactive materials as defined in 49 CFR 173.455.

$1,000,000

$5,000,000.

2.

Vehicles transporting oil listed in 49 CFR 172.101, hazardous waste, hazardous materials and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in subd. 1.

$500,000

$1,000,000.

3.

Vehicles of 10,000 pounds or less gross vehicle weight transporting non-hazardous substances.

$300,000

$300,000.

4.

Vehicles of over 10,000 pounds gross vehicle weight transporting non-hazardous substances.

$500,000

$750,000.

(ag) For purposes of par. (a):
1. "Hazardous material" means a substance or material which has been determined by the U.S. secretary of transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce, and which has been so designated.
2. "Hazardous substance" means a material, and its mixtures or solutions, that is identified by the letter "E" in Column 1 of the Table to 49 CFR 172.101 when offered for transportation in one package, or in one transport vehicle if not packaged, and when the quantity of the material therein equals or exceeds the reportable quantity (RQ). This definition does not apply to petroleum products that are lubricants or fuels; or to a mixture or solution containing a material identified by the letter "E" in Column 1 of the Table to 49 CFR 172.101 if it is in a concentration less than that shown in the following table based on the reportable quantity (RQ) specified for the materials in Column 2 of the Table to 49 CFR 172.101:

Concentration By Weight

RQ Pounds

RQ Kilograms

Percent

PPM

5,000

2,270

10

100,000

1,000

454

2

20,000

100

45.4

0.2

2,000

10

4.54

0.02

200

1

0.45

0.002

20

3. "Hazardous waste" means any material that is subject to the hazardous waste manifest requirements of the EPA specified in 40 CFR Part 262 or would be subject to these requirements absent an interim authorization to a state under 40 CFR Part 123, Sub-part F.
4. "In bulk" means the transportation, as cargo, of property, except Class A and B explosives and poison gases, in containment systems with capacities in excess of 3,500 water gallons.
5. "In bulk Class A and B explosives" means the transportation, as cargo, of any Class A or B explosive or explosives in any quantity.
6. "In bulk poison gas" means the transportation, as cargo, of any poison gas in any quantity.

Note: The definitions of "hazardous materials," "hazardous substances" and "hazardous waste" in sub. (1) (ag) are taken from 49 CFR 171.8. The definitions of "In bulk," "In bulk Class A and B explosives" and "In bulk poison gas" in (ag) are taken from 49 CFR 387.5.

(ar) For purposes of par. (a) either a combined single limit or a split limit policy is acceptable. If a split limit policy is utilized, each individual limit must meet the minimum level of coverage required.

Note: Example. For vehicles of 10,000 pounds or over transporting non-hazardous materials on July 1, 1983, and thereafter, either of the following types of policies is acceptable: a combined single limit of $750,000.00 or a split limit of $750,000.00, $750,000.00, $750,000.00. These alternatives are consistent with the interpretation of the federal rules set out in 47 Federal Register 12800, March 25, 1982.

(b) For passenger vehicles:

Personal Injury

PASSENGER CAPACITY

ONE PASSENGER

ALL PASSENGERS

PROPERTY DAMAGE

7 or less

$100,000

$300,000

$50,000

8 to 12

$100,000

$350,000

$50,000

13 to 20

$100,000

$400,000

$50,000

21 to 30

$100,000

$450,000

$50,000

31 and over

$100,000

$500,000

$50,000

(2) In accordance with s. 121.53(1) (e), Stats., for school buses with a seating capacity of 37 or more passengers, the minimum total limit of bodily injury liability insurance coverage per accident is $1,000,000.

Wis. Admin. Code Department of Transportation Trans 176.06

Cr. Register, November, 1977, No. 263, eff. 12-1-77; emerg. am. (1) (a) and cr. (1) (c), eff. 2-23-79; am. (1) (a) and cr. (1) (c), Register, May, 1979, No. 281, eff. 6-1-79; renum. from MVD 2.06 and cr. (1) (d), Register, February, 1981, No. 302, eff. 3-1-81; r. and recr. (1) (d), Register, April, 1982, No. 316, eff. 5-1-82; r. and recr. (1) (a), cr. (1) (ag) and (ar), r. (1) (c), renum. (1) (d) to be (2), Register, September, 1982, No. 321, eff. 10-1-82; emerg. am. (1) (a), (intro.), eff. 7-1-83; am. (1) (a) (intro.), Register, December, 1983, No. 336, eff. 1-1-84; am. (1) (a) 3. and 4., Register, January, 1984, No. 337, eff. 2-1-84; emerg. am. (1) (a) (intro.) and 1., eff. 7-1-84; am. (1) (a) (intro.) and 1., Register, December, 1984, No. 348, eff. 1-1-85.