Wisconsin Fertilizer Asso. v. Karns

Wilkie, J.

(dissenting in part). In Case No. 123, I disagree with the majority that the bulk dry fertilizer applicators are implements of husbandry, within the meaning of sec. 340.01 (24), Stats. These applicators are large, four-wheel trailers, which carry up to eight tons of dry fertilizer. They have two purposes: (1) to spréad the dry fertilizer on the field, and (2) to carry it from the source of supply to the field. To be an implement of husbandry, the applicator must be used exclusively in the conduct of agricultural operations. As the majority notes, “agricultural operations” do not include the commercial hauling of fertilizer. These bulk dry fertilizer applicators are used partially for this purpose. The majority concludes that “the transportation of the bulk load to the farmer’s field is merely a slight, incidental use of the vehicle.” Even if this is true, the applicators would not be used exclusively in agricultural operations as required by the statute. The statute does not say that implements of husbandry are those used *324“substantially” or “predominantly,” but “exclusively.” Moreover, on the facts of this case, the use of these vehicles in the transport of fertilizer from the source of supply to the field is not just an incidental use. Rather, it is clear that an integral part of respondents’ business is commercial, not agricultural, and for that reason I cannot agree with the conclusion that these applicators are used exclusively for agricultural operations.

The section exempting implements of husbandry from the various aspects of the highway safety statute was designed to allow farmers to run farm vehicles without having to comply with some of the requirements for highway vehicles.1 The result here does not assist the farmer. It assists those who commercially furnish the applicators.

The practical result of the majority decision is to allow these vehicles to travel extensively on public highways without operators’ permits, without taillights, without brakes, and without brake lights. Such trailers on the highway constitute significant safety hazards to the motoring public. Although the majority acknowledges that exemptions from safety statutes are to be strictly construed, the majority finds that these trailers are to be exempted as found by the trial court. Highway safety is of such primary importance that these vehicles should be made to comply with the highway safety laws. I would, therefore, reverse the circuit court’s ruling on these applicators.

Cf. Holton & Hunkel Greenhouse Co. v. State (1957), 274 Wis. 337, 343, 344, 80 N. W. 2d 371.