—Removing dates and forms from the Trans rule that are no longer applicable
—Vehicle inspections
—Clarifying requirements for behind-the-wheel instruction
—Lesson plan and instruction topic revisions and clarifications
—Bond requirements
—Entry level commercial driver license (CDL) training requirements
WisDOT also proposes changes to the enforcement of the requirements and obligations of driver education schools. These changes could involve clarifications or additions regarding:
—Definitions, such as “substantiated” and “complaint”
—Clarification on the department’s handling of complaints
—The assignment of points to driving schools
—Penalties for improper loss/destruction/mutilation of documents
—Clarification and improvement of the revocation, suspension, cancelation, and disqualification processes
—Reinstatement requirements for schools that have had actions taken against them
—Ability to deny a school license prior to licensing for a duration of time
If the above measures are not taken to make ch. Trans 105, Wis. Admin. Code conform with the federal legal requirements in amendments to 49 CFR Part 380, which comes into effect February 7, 2022, WisDOT risks the loss of grant funds awarded to it by the Federal Motor Carrier Safety Administration (FMCSA) of up to 50% of the roughly $6.5 million annual grant for long-term non-compliance. 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 343.02, Stats. permits the WisDOT to promulgate rules for the purpose of enforcing ch. 343, Stats. 343.02 Administration of driver license law.
(1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary. Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 31301 to 31317 and the regulations adopted under that act. (2) The state of Wisconsin assents to the provisions of the federal law and regulations specified in sub. (1). The state of Wisconsin declares its purpose and intent to make provisions to implement and enforce that law and those regulations so as to ensure receipt by this state of any federal highway aids that have been or may be allotted to the state under 23 USC 104 (b) (1), (2), (5) and (6), including all increased and advanced appropriations. 343.03 Classified driver license system.
(1) Compliance with federal standards.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
1000 hours.
6. List with description of all entities that may be affected by the proposed rule:
This rule affects WisDOT, commercial driver education businesses, and their students.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The proposed federal changes to 49 CFR Chapter 383 will have an effect on commercial driver education schools, which will require updates to ch. Trans 105 for conformity. The changes will take effect in February 2022. The changes will also modify 49 CFR Part 380 Subparts F and G and referred Appendices to set new baseline requirements for training entry-level drivers and create within the FMCSA a Training Provider Registry to retain a record of which commercial driver license applicants have completed the new training and certification process outlined in these new regulations. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The department and Wisconsin trucking companies will encounter some costs, related to additional recordkeeping, while maintaining compliance with federal regulations in order to maintain a lawful and effective trucking industry.
Contact Person:
Rob Combs, Legislative Liaison
DMV Administrator's Office
Wisconsin Department of Transportation
608-266-1449
