Statutory Interpretation

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WI Court of Appeals – District II

Case Name: Town of Delafield v. Central Transport Kriewaldt

Case No.: 2017AP2525

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Statutory Interpretation

Town of Delafield appeals from the circuit court’s dismissal of a citation issued to Central Transport Kriewaldt for operating a semi-truck on a Town road in excess of the Town’s posted, seasonal weight restriction. Although the circuit court acknowledged there was no dispute the truck exceeded the weight limit, the court dismissed the citation on the basis that the restriction was preempted by federal law.

The plain language of 49 U.S.C. § 31114(a) clearly demonstrates Congress allowed for state and local laws that may restrict a commercial motor vehicle’s access between the Interstate and a terminal/delivery address, but required that such laws allow “reasonable access.” The record in this case indicates that commercial motor vehicles in excess of six tons have unfettered access to all Town destinations almost the entire year and even during the brief spring-thaw period of restriction still have access, so long as they secure a permit from the Town—which permits appear to be fairly easy to procure and to have never been denied to any carrier—and follow the Town’s preferred route of travel. Furthermore, the inherent requirement that a carrier make itself aware as to whether a government restriction, such as a weight limit, might affect its delivery is not an unreasonable “cost of doing business.” For these reasons, we conclude the Town’s application of WIS. STAT. § 348.17(1) and TOWN OF DELAFIELD, WIS., ORDINANCE § 7.01 through its seasonal weight-restriction and permit process did not deny Central Transport reasonable access between the Interstate and its Town customer and, therefore, did not conflict with § 31114. Accordingly, because Central Transport made no attempt to secure a permit and undisputedly violated the six-ton weight limit, the court erred in dismissing the citation. We reverse and remand.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.