Wisconsin Statutes
Wis. Stat. § 194.01 (2026)
Definitions
✓ current as of July 2026
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194.01(1)(1) “Common motor carrier” means any person who holds himself or herself out to the public as willing to undertake for hire to transport passengers or property by motor vehicle upon the public highways. The transportation of passengers in taxicab service or in commuter car pool or van pool vehicles that are designed to carry less than 8 passengers, including the driver, or in a school bus under s. 120.13 (27) or in a motor vehicle being used to provide transportation network services, as defined in s. 440.40 (7), is not transportation by a common motor carrier.
194.01(2)(2) “Contract motor carrier” means any person engaged in the transportation by motor vehicle over a regular or irregular route upon the public highways of property for hire, including the transportation of buildings, as defined in s. 348.27 (12m) (a) 1. The transportation of property in a motor vehicle being used subject to subch. IV of ch. 440 is not transportation by a contract motor carrier.
194.01(3m)(3m) “Division of hearings and appeals” means the division of hearings and appeals in the department of administration.
194.01(4)(4) “For hire” means for compensation, and includes compensation obtained by a motor carrier indirectly, by subtraction from the purchase price or addition to the selling price of property transported, where the purchase or sale thereof is not a bona fide purchase or sale. Any person who pretends to purchase property to be transported by such person or who purchases property immediately prior to and sells it immediately after the transportation thereof shall be deemed to be transporting the property for hire and not a bona fide purchaser or seller thereof. The rental of a motor vehicle to a person for transportation of the person’s property which rental directly or indirectly includes the services of a driver shall be deemed to be transportation for hire and not private carriage. This subsection does not apply to motor vehicle operations which are conducted merely as an incident to or in furtherance of any business or industrial activity.
194.01(5)(5) “Gross weight”, when applied to a motor vehicle used for the transportation of passengers, shall mean the actual weight of the motor vehicle unloaded plus 150 pounds for each person capable of being seated in the motor vehicle.
194.01(6)(6) The term “gross weight” when applied to a motor vehicle used for the transportation of property shall mean the actual weight of such motor vehicle unloaded plus the licensed carrying capacity of such motor vehicle.
194.01(7)(7) “Motor vehicle” means any automobile, truck, trailer, semitrailer, tractor, motor bus, or any self-propelled or motor driven vehicle, except a motorcycle, moped, motor bicycle, electric bicycle, electric scooter, electric personal assistive mobility device, personal delivery device, or vehicle operated on rails.
194.01(10)(10) “Person” means and includes any individual, firm, partnership, limited liability company, corporation, company, association, including express and forwarding companies or agencies and railroad companies, or their lessees, trustees or receivers.
194.01(11)(11) “Private motor carrier” means any person who provides transportation of property or passengers by commercial motor vehicle, as defined in 49 CFR 390.5, and is not a for-hire motor carrier.
194.01(12)(12) “Public highway” means every public street, alley, road, highway or thoroughfare of any kind, except waterways, in this state while open to public travel and use.
194.01 HistoryHistory: 1971 c. 164 s. 88; 1977 c. 29 ss. 1303, 1304, 1654 (9) (c), (f), (10) (a); 1979 c. 34, 110, 221, 355; 1981 c. 347; 1983 a. 189, 243; 1985 a. 29, 187; 1993 a. 16, 112, 490; 1997 a. 254; 2001 a. 90, 107; 2005 a. 250; 2013 a. 364; 2015 a. 16, 55; 2015 a. 135 s. 4; 2017 a. 13; 2019 a. 11, 34.
194.01 AnnotationA buy-sell arrangement whereby the carrier “buys” property at the shipping point, immediately transports it to a delivery point, and there “sells” it to the real purchaser—with the carrier’s profit amounting only to the price of the transportation between the two points—raises a rebuttable presumption under sub. (15) [now sub. (4)] that the property is being transported “for hire.” Gensler v. DOR, 70 Wis. 2d 1108, 236 N.W.2d 648 (1975).
Notes of Decisions
Cited in 13
cases, 1932–2008 · leading case: Cnty. of Milwaukee v. Williams, 2007 WI 69 (Wis. 2007).
Cnty. of Milwaukee v. Williams, 2007 WI 69 (Wis. 2007). “[18] Wis. Stat. §§ 194.01 (2), (11). [1] See also Ga.”
Mullenberg v. Kilgust Mech., Inc., 2000 WI 66 (Wis. 2000). “Within this framework and considering the subject matter of Wis.”
State ex rel. Wisconsin Allied Truck Owners Ass'n v. Pub. Serv. Comm'n, 242 N.W. 668 (Wis. 1932). “n thereof; “(c) Motor vehicles, trailers or semi-trailers used or operated exclusively in transporting or delivering dairy or other farm products between the point of production and the primary market; “(d) Motor vehicles, trailers and semi-trailers operated within the limits of…”
Hunt v. Clarendon Nat'l Ins. Serv., Inc., 2005 WI App 11 (Wis. Ct. App. 2004). “The parties devote much of their arguments to discussing whether school buses operated by for-profit entities are "common motor carriers" as that term is defined in Wis. Stat. § 194.01 (1) (2001-02). 5 We do *450 not believe the statutory definition is necessary to the outcome…”
Bauer v. Century Sur. Co., 2006 WI App 113 (Wis. Ct. App. 2006). “Within this framework and considering the subject matter of Wis.”
Cnty. of Milwaukee v. Williams, 2006 WI App 153 (Wis. Ct. App. 2006). “The answer can be found in the definitions section found in Wis. Stat. § 194.01 , where taxicabs are specifically exempted from coverage.”
United Parcel Serv. v. Pub. Serv. Comm'n, 5 N.W.2d 635 (Wis. 1942). “1 *609 But motor carriers are classified into three categories by sec. 194.01, Stats., namely, (1) “Common motor carrier,” that is “any person who holds himself out to the public as willing to undertake for hire to transport by motor vehicle between fixed termini or over a…”
Safe Way Motor Coach Co. v. City of Two Rivers, 39 N.W.2d 847 (Wis. 1949). “” The section was amended from time to time and in 1933 the existing law relating to the regulation of common motor carriers of property and passengers was repealed and new sections 194.01 to 194.46, Stats., were created by ch.”
Gulf Underwriters Ins. v. Great West Cas. Co., 278 F. App'x 454 (5th Cir. 2008). “Wis. Stat. § 194.01 (1). Inherent in this task is that the carrier will be loaded and unloaded.”
Hunt v. Clarendon Nat'l Ins. Serv., Inc., 2005 WI App 11 (Wis. Ct. App. 2004). “The parties devote much of their arguments to discussing whether school buses operated by for-profit entities are "common motor carriers" as that term is defined in Wis. Stat. § 194.01 (1) (2001-02). [5] We do *450 not believe the statutory definition is necessary to the outcome…”
Brockway v. Travelers Ins. Co., 321 N.W.2d 332 (Wis. Ct. App. 1982). “§194.01(15), Stats., (which statutorily defines “for hire” for purposes of ch.”
Glendenning Motorways, Inc. v. Green Bay & W. R.R., 39 N.W.2d 694 (Wis. 1949). “Plaintiff’s argument that every private automobile would have to stop is not material here.”
— Wis. Stat. § 194.01(1) — 3 cases
Cnty. of Milwaukee v. Williams, 2007 WI 69 (Wis. 2007). “[18] Wis. Stat. §§ 194.01 (2), (11). [1] See also Ga.”
Hunt v. Clarendon Nat'l Ins. Serv., Inc., 2005 WI App 11 (Wis. Ct. App. 2004). “The parties devote much of their arguments to discussing whether school buses operated by for-profit entities are "common motor carriers" as that term is defined in Wis. Stat. § 194.01 (1) (2001-02). 5 We do *450 not believe the statutory definition is necessary to the outcome…”
Hunt v. Clarendon Nat'l Ins. Serv., Inc., 2005 WI App 11 (Wis. Ct. App. 2004). “The parties devote much of their arguments to discussing whether school buses operated by for-profit entities are "common motor carriers" as that term is defined in Wis. Stat. § 194.01 (1) (2001-02). [5] We do *450 not believe the statutory definition is necessary to the outcome…”
— Wis. Stat. § 194.01(15) — 1 case
Brockway v. Travelers Ins. Co., 321 N.W.2d 332 (Wis. Ct. App. 1982). “§194.01(15), Stats., (which statutorily defines “for hire” for purposes of ch.”
— Wis. Stat. § 194.01(6) — 1 case
Brockway v. Travelers Ins. Co., 321 N.W.2d 332 (Wis. Ct. App. 1982). “§194.01(15), Stats., (which statutorily defines “for hire” for purposes of ch.”
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