Wisconsin Statutes
Wis. Stat. § 194.23 (2026)
Certificate required
✓ current as of July 2026
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194.23(1)(1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under the unified carrier registration system consistent with the standards under 49 USC 13908 and 14504a, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.
194.23(2)(2) The department shall issue a certificate without a hearing and order if the department finds that the applicant is fit, willing and able to provide the transportation authorized by the certificate and to comply with this chapter.
194.23(3)(3) In determining the ability and fitness of a common motor carrier under sub. (2), the department shall consider all of the following:
194.23(3)(c)(c) The applicant’s financial ability to provide cargo insurance or to have adequate financial resources in order to pay for damage claims against the company.
194.23(4)(4) If the department denies a certificate, the department shall notify the applicant in writing of the reason, and the applicant shall have 30 days to correct the deficiency and reapply without payment of an additional application fee.
194.23 HistoryHistory: 1981 c. 347 ss. 51, 80 (1); 1985 a. 208; 1993 a. 16; 1999 a. 139; 2007 a. 20; 2013 a. 163.
Notes of Decisions
Cited in 12
cases, 1936–1995 · leading case: Gateway City Transfer Co. v. Pub. Serv. Comm'n, 34 N.W.2d 238 (Wis. 1948).
Gateway City Transfer Co. v. Pub. Serv. Comm'n, 34 N.W.2d 238 (Wis. 1948). “” As already stated, sec. 194.23, Stats., requires that before granting a certificate or amendment the commission shall take into consideration existing'-transportation facilities in the territory proposed to be served.”
Robertson Transp. Co. v. Pub. Serv. Comm'n, 159 N.W.2d 636 (Wis. 1968). “" (Sec. 194.23, Stats.) The legislature has as clearly provided that the judicial review of a commission decision ".”
State ex rel. Finnegan v. Dammann, 264 N.W. 622 (Wis. 1936). “04, subsection (1) of section 194.23, subsection (1) of section 194.”
State v. Yellow Freight Sys., Inc., 292 N.W.2d 361 (Wis. Ct. App. 1980). “Section 194.23(1), Stats., provides that “[n]o person shall operate any motor vehicle as a common motor carrier .”
Clintonville Transfer Line, Inc. v. Pub. Serv. Comm'n, 21 N.W.2d 5 (Wis. 1945). “The question the commission must answer is: Is the public getting a service that in the commission’s opinion after a review of the evidence is sufficient? The statute reads: “The commission shall have power, as the public interest may require, upon a finding of public…”
Motor Transp. Co. v. Pub. Serv. Comm'n, 56 N.W.2d 548 (Wis. 1953). “” *38 Sec. 194.23, Stats., requires that the commission before granting a certificate authorizing a motor carrier to operate “shall take into consideration existing transportation facilities in the territory proposed to be served, including common and contract motor carriers.”
Williamson v. Steco Sales, Inc., 530 N.W.2d 412 (Wis. Ct. App. 1995). “Sections 194.23 and 194.41, STATS. Wisconsin assigns LC (local carrier) and IC (interstate carrier) authority numbers to certified carriers.”
Clintonville Transfer Line, Inc. v. Pub. Serv. Comm'n, 46 N.W.2d 741 (Wis. 1951). “) A new carrier going into business or adding duplicating service over an existing route is governed by sec. 194.23, Stats.: “. . . The commission, upon the filing of an application for a certificate, or for an amendment thereto involving establishment or abandonment of service…”
Chicago & Milwaukee Elec. Ry. Co. v. Pub. Serv. Comm'n, 37 N.W.2d 42 (Wis. 1949). “The latter contention is grounded upon the provisions of sec. 194.23, Stats., which provides in part: “ (1) No person shall operate any motor vehicle as a common motor carrier except in accordance with the terms and conditions of a certificate issued to and held by him and…”
West Shore Express, Inc. v. Pub. Serv. Comm'n, 58 N.W.2d 407 (Wis. 1953). “on was only for approval of an assignment and the assignment was not shown to be against the public interest, the commission must grant it; but such approval conferred no new operating rights, so that if and when Clintonville proposed to give single-line service to the combined…”
Gateway City Transfer Co. v. Pub. Serv. Comm'n, 14 N.W.2d 6 (Wis. 1944). “After reviewing the background of the Commerce Act and analyzing the statute, the court concludes as follows: “We are not unmindful of cases in which the word ‘hearing’ as applied to administrative proceedings has been thought to have a broader meaning.”
Motor Transp. Co. v. Pub. Serv. Comm'n, 34 N.W.2d 787 (Wis. 1948). “Common motor carriers are forbidden (sec. 194.23, Stats.) to operate a motor vehicle as a common motor carrier without a certificate.”
— Wis. Stat. § 194.23(1) — 1 case
State v. Yellow Freight Sys., Inc., 292 N.W.2d 361 (Wis. Ct. App. 1980). “Section 194.23(1), Stats., provides that “[n]o person shall operate any motor vehicle as a common motor carrier .”
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