Chapter Trans 112

Trans 112.02 Trans 112.02 Definitions. The words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

Trans 112.02(1) (1) “Advanced practice nurse prescriber” or “APNP” means an advanced practice nurse who is certified under s. 441.16 (2), Stats., to issue prescription orders.

Trans 112.02(1g) (1g) “Altered consciousness” means a state of awareness characterized by loss or distortion of the impressions made by the senses or inability to respond to the impressions made by the senses.

Trans 112.02(1m) (1m) “Another jurisdiction” means any state other than Wisconsin and includes the District of Columbia, the commonwealth of Puerto Rico and any territory or possession of the United States, any federal military installation located within the territorial boundaries of Wisconsin and any province of the Dominion of Canada.

Trans 112.02(2) (2) “Assessment” means an examination of a person’s use of chemicals and development of a driver safety plan for the person by an approved public treatment facility as defined by s. 51.45 (2) (c), Stats.

Trans 112.02(3) (3) “Chemical” means alcohol, a drug as defined in s. 450.01 (10), Stats., or a controlled substance as defined in s. 961.01 (4), Stats.

Trans 112.02(4) (4) “Cognitive skill” means the ability to think, perceive and remember.

Trans 112.02(6) (6) “Corrective lens” means an ophthalmic lens, whether an eyeglass or a contact lens, that corrects the refraction error or other optically correctable deficiency of the eye, except bioptic telescopic lenses.

Trans 112.02(7) (7) “Driving evaluation” is a test conducted to determine if a person adequately compensates for the person’s medical, mental or physical condition or functional impairment.

Trans 112.02(8) (8) “Episode” means any incident or segment of time involving altered consciousness or loss of bodily control.

Trans 112.02(9) (9) “Field of vision” means the entire horizontal, temporal plane a person has for each eye without shifting the gaze.

Trans 112.02(10) (10) “Functional ability” means the degree of cognitive, mental or emotional, sensorimotor and sensory capability in performing activities of daily living, including safely performing the tasks of driving.

Trans 112.02(11) (11) “Licensing action” means any action by the department involving the denial, cancellation, restriction, or issuance of a license or endorsement under this chapter.

Trans 112.02(12) (12) “Loss of bodily control” means involuntary movements of the body characterized by muscle spasms or muscle rigidity, or loss of muscle tone or muscle movement.

Trans 112.02(13) (13) “Medical condition” means any physical, mental or emotional condition which affects a person’s health for which a person is receiving medical treatment, or for which medical treatment is usually prescribed.

Trans 112.02(14) (14) “Mental or emotional function” includes interaction and communication skills, adaptive behavior or coping capacity, and orientation.

Trans 112.02(15) (15) “Physical disability” means any physical limitation interfering with the ability to perform the normal tasks associated with operating a motor vehicle.

Trans 112.02(16) (16) “Physician” means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board.

Trans 112.02 Note Note: This definition of “Physician” is intended to be consistent with the statutory definition appearing at s. 448.01 (5), Stats.

Trans 112.02(17) (17) “Proof of physical fitness” means a certificate of physical examination executed by a person authorized to execute certificates of physical examination under 49 CFR 391.43 which provides that the person being examined meets the physical qualifications for drivers of 49 CFR 391.41, or a medical examination report for “S” or “P” endorsements.

Trans 112.02(18) (18) “Review board” means a medical board established under s. 343.16 (5) (b), Stats.

Trans 112.02(19) (19) “Sensorimotor skills” means reflexes and reaction time, coordination, depth perception, manipulation, range of motion and general mobility.

Trans 112.02(20) (20) “Sensory function” means vision, hearing, touch, smell and vibration sense.

Trans 112.02(21) (21) “Vehicle classification” or “vehicle class” means the designation for a type of motor vehicle as defined in s. 343.04, Stats.

Trans 112.02(22) (22) “Vision specialist” means a person who practices optometry as defined by s. 449.01 (1), Stats., or a physician as defined by s. 448.01 (5), Stats.

Trans 112.02 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (17), Register, November, 1993, No. 455, eff. 12-1-93; r. (5), (15), am. (6), renum. (16) to be (15), cr. (16), Register, June, 1996, No. 486, eff. 7-1-96; CR 04-117: cr. (1m) Register April 2005 No. 592, eff. 5-1-05; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2005 No. 592; CR 06-099: renum. (1) to be (1g), cr. (1), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.03 Trans 112.03 Medical review standards.

Trans 112.03(1) (1) Unrestricted commercial driver licenses. No person shall be issued an unrestricted commercial driver license unless the person complies with all the driver qualifications specified in 49 CFR 391.41, and presents a medical certificate of physical examination as required by 49 CFR 391.43 at the time of application.

Trans 112.03(2) (2) Restricted commercial driver licenses. The department may not issue a commercial driver license to a driver who does not meet the physical qualifications of drivers’ standards under 49 CFR 391.41 or who does not present a medical certificate of examination required under 49 CFR 391.43 unless one of the following applies:

Trans 112.03(2)(a) (a) The commercial driver license is subject to a “K” restriction, the driver held a commercial driver license on or before July 28, 1996, and the license has not been revoked on or after July 29, 1996.

Trans 112.03 Note Note: See s. Trans 327.09 (2) (b). “K” restrictions limit operation to non-interstate commerce and are described in detail in s. 343.17 (3) (e) 1m., Stats.

Trans 112.03(2)(b) (b) The commercial driver license is subject to a restriction that permits only those types of commercial motor vehicle operation for which drivers are exempt from the requirement of complying with 49 CFR part 391 under s. Trans 327.09 (1), 49 CFR 390.3 (f), or 49 CFR 391.2.

Trans 112.03 Note Note: This provision allows the Department to issue CDLs without requiring federal medical cards of persons employed by government units, or as school bus drivers, apiarian industry seasonal drivers, custom harvester drivers and certain farm vehicle drivers. Licenses issued under this provision are restricted to permit only that commercial vehicle operation which may be legally conducted without a federal medical card.

Trans 112.03(3) (3) Medical review standards for school bus endorsements.

Trans 112.03(3)(a) (a) Original applications. No person may be issued a school bus endorsement unless the person files proof of physical fitness as part of the person’s application for school bus endorsement.

Trans 112.03(3)(b) (b) Renewal applications. No person may renew a school bus endorsement unless the person files proof of physical fitness. The department shall provide a person with notice by mail to the person’s last known address that the person must file proof of physical fitness and apply for a renewal license not less than 30 days prior to the date upon which the person’s license expires. The department shall not renew the school bus endorsement of any person who fails to provide the required proof of medical fitness within the time required by the notice.

Trans 112.03(3)(c) (c) Biennial proof of physical fitness. All persons holding school bus endorsements shall provide proof of physical fitness to the department every 2 years, except that persons age 70 years or older shall provide proof of physical fitness annually. The department may require persons to submit proof of physical fitness before 2 years to coordinate the license renewal cycle following an initial issuance or a reinstated “S” endorsement. The department shall provide a person holding a school bus endorsement with at least 30 days notice by mail to the person’s last known address that the person must file proof of physical fitness. The department shall cancel the school bus endorsement of any person who fails to provide the required proof of physical fitness within the time period required by the notice.

Trans 112.03(3)(d) (d) Exceptions. The department may issue a passenger endorsement to a person who does not meet all of the medical review standards for passenger or school bus endorsement, but the person’s license shall be subject to a “K” restriction and restricted to prohibit transporting more than 2 passengers in a commercial motor vehicle.

Trans 112.03(4) (4) No person may be issued or renew a passenger endorsement unless the person provides a health history to the department on the form required.

Trans 112.03 Note Note: The health history shall be provided on form MV3030B. Only the applicant’s portion of the form need be completed for purposes of a passenger endorsement application.

Trans 112.03(5) (5) Medical review standards for operator licenses. Whenever the department learns that a person applying for, renewing, or holding any classification of operator’s license has a progressive, recurring or debilitating medical condition which may affect safe driving, the department may require the person to provide the department with medical information about the person’s medical condition. The department shall review the medical information using the standards specified in this chapter.

Trans 112.03(6) (6) Evaluation. A license issued to a person under this chapter may be restricted on the basis of a recommendation of a physician, a vision specialist, an APNP, a review board, or on the results of a driving examination or evaluation.

Trans 112.03(7) (7) Reporting. Persons holding a valid license with a school bus or passenger endorsement shall report to the department any medical condition identified in this chapter that is new or that has changed significantly since previously reported.

Trans 112.03 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (2) and (3) (d), Register, October, 1991, No. 430, eff. 11-1-91; am. (3) (c), Register, November, 1993, No. 455, eff. 12-1-93; r. and recr. (2), am. (7), Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (6), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.04 Trans 112.04 Information to be considered in licensing actions. The review boards when making recommendations, and the department when taking licensing action under this chapter, may consider the following information:

Trans 112.04(1) (1) Any medical condition affecting the person including, but not limited to:

Trans 112.04(1)(a) (a) History of illness.

Trans 112.04(1)(b) (b) Severity of symptoms, complications and prognosis.

Trans 112.04(1)(c) (c) Treatment and medications, including effects and side effects, and the person’s knowledge and use of medications.

Trans 112.04(1)(d) (d) Results of medical tests and reports of laboratory findings.

Trans 112.04(1)(e) (e) Physician’s or APNP’s medical report.

Trans 112.04(1)(f) (f) Physician’s or APNP’s recommendations with regard to functional impairment.

Trans 112.04(1)(g) (g) Physician’s or APNP’s identification of risk factors.

Trans 112.04(2) (2) Reports of driver condition or behavior.

Trans 112.04(3) (3) The results of a department screening of a person’s vision or hearing.

Trans 112.04(4) (4) The results of any examinations of the person to test knowledge of traffic laws, road signs, rules of the road, vehicle equipment and safe driving practices, and driving ability.

Trans 112.04(5) (5) Group dynamics or traffic safety school reports.

Trans 112.04(6) (6) Alcohol or drug assessment reports by an agency under s. 51.42, Stats.

Trans 112.04(7) (7) Traffic accidents that may have been caused in whole or in part by a medical condition specified in this chapter.

Trans 112.04(8) (8) Vision specialist’s reports.

Trans 112.04(9) (9) A person’s failure to provide requested information to the department.

Trans 112.04 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (intro.), (1) (b), r. (1) (c), renum. (1) (d) to (h) to be (1) (c) to (g), Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (1) (e) to (g), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.045 Trans 112.045 All medical conditions. No person may be issued, renew, or hold any classification of operators license or endorsement if a medical report shows any of the following:

Trans 112.045(1) (1) Effects or side effects of medication interfere with safe driving, unless the physician or APNP indicates the situation is temporary and not likely to recur.

Trans 112.045(2) (2) Complications of a condition interfere with safe driving as assessed by a physician or APNP or as determined by a driving evaluation.

Trans 112.045(3) (3) The person is not reliable in following a prescribed treatment program to the extent that noncompliance could affect the person’s ability to drive safely.

Trans 112.045(4) (4) There is medical evidence that the person uses alcohol or other drugs to an extent that it has an adverse effect on a medical condition or interferes with treatment for the condition.

Trans 112.045(5) (5) There is medical evidence of a condition that is likely to be accompanied by a syncope or collapse or which otherwise may interfere with safe driving.

Trans 112.045 History History: Cr. Register, June, 1996, No. 487, eff. 7-1-96; CR 06-099; am. (1) and (2), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.05 Trans 112.05 Alcohol or other drug use.

Trans 112.05(1) (1) With respect to a person’s chemical use, the review boards when making recommendations, and the department when taking licensing action, may consider all information available on the degree of the person’s chemical use.

Trans 112.05(2) (2) The department may require information on a person’s functional ability including, but not limited to, the following:

Trans 112.05(2)(a) (a) Medical assessment of the person, driver safety plan, driver safety plan final reports concerning the person, or any combination of these information categories, including the following:

Trans 112.05(2)(a)1. 1. Hospitalization of the person for chemical abuse or dependency.

Trans 112.05(2)(a)2. 2. Outpatient treatment of the person for chemical abuse or dependency.

Trans 112.05(2)(a)3. 3. Participation by the person in self-help groups for chemical abuse or dependency.

Trans 112.05(2)(a)4. 4. Use of control agents, such as antabuse or methadone by the person.

Trans 112.05(2)(a)5. 5. Physician or APNP treatment of the person for chemical abuse or dependency.

Trans 112.05(2)(b) (b) The person’s driving record, including reports of any of the following:

Trans 112.05(2)(b)1. 1. Accidents involving chemical use.

Trans 112.05(2)(b)2. 2. Traffic convictions involving chemical use.

Trans 112.05(2)(c) (c) Review board recommendations, if any.

Trans 112.05(2)(d) (d) Information from other sources about the person’s physical and mental health, as affected by chemical use, and any medical problems that may interfere with the person’s reasonable and ordinary control over a motor vehicle.

Trans 112.05(3) (3) 

Trans 112.05(3)(a) (a) A conviction for operating while intoxicated in this section means being convicted of a violation of s. 346.63 (1) or (2), Stats., or a local ordinance in conformity therewith, or convictions under the law of another jurisdiction that is in substantial conformity with 49 CFR 383.51 (b) (2) (i) or (ii), or both, or that prohibits refusal of chemical testing or use of a motor vehicle while intoxicated or while under the influence of a controlled substance, or a combination thereof, or with an excess of a specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving as those or substantially similar terms are used in that jurisdiction, refusals under s. 343.305 (9), Stats., or revocations under s. 343.305 (10), Stats.

Trans 112.05(3)(b) (b) No person may be issued, renew, or hold a school bus or passenger endorsement if a medical report, assessment or driving record for the person shows:

Trans 112.05(3)(b)1. 1. Any operating while intoxicated convictions within the past 2 years.

Trans 112.05(3)(b)2. 2. Two operating while intoxicated convictions within the past 3 years.

Trans 112.05(3)(b)3. 3. Three or more operating while intoxicated convictions within the past 5 years.