Wisconsin Legislature: Trans 112.03(2)(b)

(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.

(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.

(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.

(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.

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

(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.

(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.

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

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

(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.

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

(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.

(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.

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

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

(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.

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

(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.

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

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

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

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

(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.

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 Medical review standards.

(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.

(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:

(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.

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.

(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.

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.

(3) Medical review standards for school bus endorsements.

(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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

(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.

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 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:

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

(a) History of illness.

(b) Severity of symptoms, complications and prognosis.

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

(e) Physician’s or APNP’s medical report.

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

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

(2) Reports of driver condition or behavior.

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

(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.

(5) Group dynamics or traffic safety school reports.

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

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

(8) Vision specialist’s reports.

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

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 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:

(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.

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

(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.

(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.

(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.

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 Alcohol or other drug use.

(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.

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

(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:

1. Hospitalization of the person for chemical abuse or dependency.

2. Outpatient treatment of the person for chemical abuse or dependency.

3. Participation by the person in self-help groups for chemical abuse or dependency.

4. Use of control agents, such as antabuse or methadone by the person.

5. Physician or APNP treatment of the person for chemical abuse or dependency.

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

1. Accidents involving chemical use.

2. Traffic convictions involving chemical use.

(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.

(3)

(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.

(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:

1. Any operating while intoxicated convictions within the past 2 years.

2. Two operating while intoxicated convictions within the past 3 years.

3. Three or more operating while intoxicated convictions within the past 5 years.

4. The person has evidenced any chemical abuse or dependency within the past year.

5. The person has evidenced any chemical abuse or dependency within the past 2 years, that is not controlled by treatment.