Wisconsin: Overweight Citations

SUMMARY OF AMICUS BRIEF FILED 3/11/2020

In March 2020, TIDA filed an amicus brief and motion in the Wisconsin Supreme Court on an issue concerning overweight citations – how and when can a municipality post overweight signs.   Motor carriers run into these citations all over the country when they have no notice and then are fined for thousands of dollars (e.g. $40,000) and yet such overweight regulations are preempted by federal law.  In other words, does the federal Surface Transportation Assistance Act, 49 U.S.C. §31114 preempt the State of Wisconsin and its municipalities from enacting non-safety specific regulations like the Town of Delafield’s special weight limitation. The TIDA member firms filing the brief were John Halpin and Jack Laffey of Laffey, Leitner and Goode in Milwaukee, and Stephanie Hersperger, John Pion and Mike Nerone of Pion, Nerone, Girman, Winslow & Smith, P.C. in Pennsylvania.

download the amicus brief