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Ch. Trans 130 Note Note: Chapter Trans 130 was created by emergency rule effective 6-30-80; Chapter Trans 130 was repealed and recreated by emergency rule effective 7-12-82; Chapter Trans 130 as it existed on November 30, 1982 was repealed and a new chapter Trans 130 was created effective December 1, 1982; Chapter Trans 130 as it existed on July 31, 1994 was repealed and a new chapter Trans 130 was created effective August 1, 1994.
Trans 130.01 Trans 130.01Purpose and scope.
Trans 130.01(1) (1)Statutory authority. As authorized by ss. 85.16 (1) and 343.51 (1) and (2), Stats., the purpose of this chapter is to establish the department's administrative interpretation of ss. 340.01 (43g), 341.14 (1), (1a), (1e), (1m), or (1q), 343.51, 343.52, 346.50 (1m), (2a) (h), (j), and (k), and (3), Stats., relating to the issuance and use of special identification cards and special registration plates for persons with a physical disability and for persons and any organizations that regularly transport persons with a physical disability.
Trans 130.01(2) (2)Applicability. This chapter applies to any person with a physical disability, any employer who provides a motor vehicle for the use of an employee who is a person with a physical disability, any licensed driver who has another person with a physical disability regularly dependent on the licensed driver for transportation, any lessor of a motor vehicle who leases the vehicle to a person with a physical disability, and to an organization wishing to obtain an identification card or special registration plates for special parking privileges under ss. 346.50 (1m) to (3m), 346.503 and 346.505, Stats.
Trans 130.01 History History: Cr. Register, July, 1994, No. 463, eff. 8-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats., Register November 2002 No. 563; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.
Trans 130.02 Trans 130.02Definitions. As used in this chapter:
Trans 130.02(1) (1) “Card" means a special identification card issued under this chapter and s. 343.51, Stats., to a person or organization for the purpose of obtaining special parking privileges.
Trans 130.02(2) (2) “Card holder" means a person or organization who the department has determined is eligible for a card.
Trans 130.02(3) (3) “Department" means the Wisconsin department of transportation.
Trans 130.02(4) (4) “Health care specialist" means a physician licensed to practice medicine in any state, an advanced practice nurse licensed to practice nursing in any state, a physician assistant licensed or certified to practice in any state, a chiropractor licensed to practice chiropractic in any state, a Christian Science practitioner residing in this state and listed in the Christian Science journal, or an authorized representative of the U.S. department of veterans affairs.
Trans 130.02(4m) (4m) “Individual card" means a special identification card as described in s. Trans 130.03 (1) issued under this chapter and s. 343.51, Stats., to an individual for the purpose of obtaining special parking privileges.
Trans 130.02(5) (5) “Organization" means a profit or non-profit corporation, any unit of government, a partnership or association, 2 or more persons having a joint or common interest, or any other legal or commercial entity.
Trans 130.02(5g) (5g) “Organization card" means a special identification card as described in s. Trans 130.03 (2) issued under this chapter and s. 343.51, Stats., to an organization for the purpose of obtaining special parking privileges.
Trans 130.02(5m) (5m) “Permanent card" means a card that is valid for 4 years.
Trans 130.02(6) (6) “Person" means a person defined under s. 340.01 (43g), Stats.
Trans 130.02(7) (7) “Special registration plates" means registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q), Stats.
Trans 130.02(8) (8) “Temporary card" means a card that is valid for not more than 6 months.
Trans 130.02 History History: Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR02-085: cr. (5m) and (8), Register November 2002 No. 563, eff. 12-1-02; CR 07-072: am. (4), cr. (4m) and (5g), Register November 2007 No. 623, eff. 12-1-07; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.
Trans 130.03 Trans 130.03Application form.
Trans 130.03(1) (1)Application by a person for an individual card and application for special registration plates. Each application by a person for a permanent individual or temporary individual card and each application for special registration plates shall be on a form provided by the department or in a letter, except as allowed in s. Trans 130.10, and shall contain the following information:
Trans 130.03(1)(a) (a) The date of the application.
Trans 130.03(1)(b) (b) The name and address of the person.
Trans 130.03(1)(c) (c) The age, gender and date of birth of the person.
Trans 130.03(1)(d) (d) Whether or not the person holds a valid Wisconsin operator's license issued under ch. 343, Stats.
Trans 130.03(1)(e) (e) The person's Wisconsin operator's license number, if applicable.
Trans 130.03(1)(f) (f) A notification that the person, if he or she holds an operator's license, may be required to demonstrate to the department that the disability does not impair the person's ability to operate a motor vehicle safely.
Trans 130.03(1)(g) (g) The signature of the person or, if applicable, the signature of anyone authorized to sign for the applicant.
Trans 130.03(1)(h) (h) The relationship of the signer to the disabled person, if signed by someone other than the person.
Trans 130.03(1)(i) (i) A statement from a health care specialist including:
Trans 130.03(1)(i)1. 1. The date of the health care specialist's statement.
Trans 130.03(1)(i)2. 2. A certification that the person is disabled within the meaning of s. 340.01 (43g), Stats.
Trans 130.03(1)(i)3. 3. Whether the disability is permanent or temporary.
Trans 130.03(1)(i)4. 4. The duration of the disability, not to exceed 6 months, if temporary.
Trans 130.03(1)(i)5. 5. In an application for a permanent individual card, whether or not the health care specialist believes that the person's disability impairs the person's ability to drive safely.
Trans 130.03(1)(i)6. 6. The health care specialist's signature, name and address.
Trans 130.03(1)(i)7. 7. The health care specialist's medical license number, if applicable, and telephone number.
Trans 130.03(1)(j) (j) Any other information necessary to assist the person, the person signing the application, and the health care specialist to understand the requirements and privileges of ss. 340.01 (43g), 341.14 (1), (1a), (1e), (1m), or (1q), 343.51, 343.52 and 346.50 (1m), (2a) (h), (j), and (k), and (3), Stats., and this chapter.
Trans 130.03(1)(k) (k) As required by s. 343.51 (1m) (b), Stats., the person making application to the department shall make and retain a copy of the statement from the health care specialist, for the period of time during which the special identification card is valid. The person shall carry the copy of the statement on the person or in the vehicle and shall, upon request by any traffic officer, produce the statement for inspection.
Trans 130.03(2) (2)Application by an organization for a permanent organization card. Each application for a permanent organization card by an organization shall be on a form provided by the department or in a letter, and shall contain the following information:
Trans 130.03(2)(a) (a) The date of application.
Trans 130.03(2)(b) (b) The name and address of the organization.
Trans 130.03(2)(bm) (bm) The Federal Employer Identification Number, or FEIN, of the organization.
Trans 130.03(2)(c) (c) A certification by the organization that it regularly transports persons as defined in s. Trans 130.02 (6).
Trans 130.03(2)(d) (d) The total number of motor vehicles operated by or on behalf of the organization to transport persons as defined in s. Trans 130.02 (6).
Trans 130.03(2)(e) (e) The number of organization cards being requested.
Trans 130.03(2)(f) (f) The printed name, signature and official capacity of the person authorized to sign for the organization.
Trans 130.03(2)(g) (g) Any other information necessary to assist the organization to understand the requirements and privileges of ss. 343.51, 343.52 and 346.50 (1m), (2a) (h), (j) and (k), and (3), Stats., and this chapter.
Trans 130.03(2)(h) (h) The organization making application shall make and retain at its regular place of business for the period of time in which the organization card is valid, a copy of the certification by the organization that it regularly transports persons, and shall make the certification available for inspection to a traffic officer upon request.
Trans 130.03(2)(i) (i) The organization shall maintain a record of the name of any person to whom the organization has issued one of its organization cards, and the date of issue. Whenever any person no longer operates a vehicle on behalf of the organization, the organization shall make a good faith effort to retrieve the organization card from that person.
Trans 130.03 History History: Cr. Register, July, 1994, No. 463, eff. 8-1-94; corrections in (1) (j) and (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register November 2002 No. 563; CR 07-072: am. (1) (intro.) and (i) 5., (2) (intro.) and (e), cr. (1) (k), (2) (bm), (h) and (i), Register November 2007 No. 623, eff. 12-1-07; correction in (1) (j) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.
Trans 130.04 Trans 130.04Fees.
Trans 130.04(1) (1)Issuance fee for a card. A fee of $6.00 shall be charged for the issuance, replacement or extension of a temporary individual card. Effective July 1, 2003, no fee may be charged for the issuance, replacement, extension or renewal of a permanent individual or organization card.
Trans 130.04(2) (2)Counter service fee. A counter service fee, as defined in s. 341.255 (2) (b), Stats., relating to registration renewals, shall be charged for each card, or for the replacement, extension or renewal of a card when issued at a counter designated by the department.
Trans 130.04 History History: Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR 02-085: am. (1), Register November 2002 No. 563, eff. 12-1-02; CR 07-072: am. (1), Register November 2007 No. 623, eff. 12-1-07.
Trans 130.05 Trans 130.05Use.
Trans 130.05(1) (1)Display. When in use for a parked vehicle, the card shall be displayed so the information on the card is clearly visible outside of the vehicle. If the card is manufactured so as to be suspended, the card shall be hung from the rear view mirror.
Trans 130.05(2) (2)Restrictions and limitations.
Trans 130.05(2)(a)(a) No person or organization may duplicate, reproduce or copy any card, unless directed to do so by the department.
Trans 130.05(2)(b) (b) A temporary individual card may not be issued for a period of more than 6 months.
Trans 130.05(2)(c) (c) Special registration plates shall only be issued for permanent disabilities.
Trans 130.05(2)(d) (d) The certification of a person's eligibility for an individual card or registration plates by a U.S. department of veterans affairs representative is not to be considered as a claim for veterans affairs benefits.
Trans 130.05(2)(e) (e) No organization may be issued a temporary card.
Trans 130.05(2)(f) (f) An organization card issued to an organization shall be used only for a motor vehicle operated by or on behalf of the organization when transporting persons as defined in s. Trans 130.02 (6). This includes the following:
Trans 130.05(2)(f)1. 1. A motor vehicle owned or leased by the organization and operated by an authorized employee or volunteer worker.
Trans 130.05(2)(f)2. 2. A motor vehicle owned or leased by someone other than the organization, but operated by an authorized employee of the organization or volunteer worker on behalf of the organization.
Trans 130.05(2)(g) (g) No organization may be issued more organization cards than the total number of motor vehicles operated by or on behalf of the organization to regularly transport persons as defined in s. Trans 130.02 (6).
Trans 130.05(2)(h) (h) A person who has special registration plates issued under s. 341.14 (1a), (1m), or (1q), Stats., may be issued no more than one individual card.
Trans 130.05(2)(i) (i) A person who has no special registration plates issued under s. 341.14 (1a), (1e), (1m), or (1q), Stats., may be issued no more than 2 individual cards.
Trans 130.05 History History: Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR 07-072: am. (2) (b), (d), (f) (intro.) and (g) to (i), Register November 2007 No. 623, eff. 12-1-07; corrections in (2) (h) and (i) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 661.
Trans 130.06 Trans 130.06Change of name or address. When the name or address of an individual or organization card holder is changed, the person or spouse, parent, step–parent, foster parent or guardian of the person, if applicable, or organization in the case of organization card shall, within 10 days, notify the department of the individual or organization card number, the former address and the new address, or the former name and the new name.
Trans 130.06 History History: Cr. Register, July, 1994, No.463, eff. 8-1-94; CR 07-072: am. Register November 2007 No. 623, eff. 12-1-07.
Trans 130.07 Trans 130.07Replacement card.
Trans 130.07(1) (1)When required. If a person or organization has a card and the card is mutilated, destroyed, illegible, lost or stolen, the card holder may apply to the department for a replacement.
Trans 130.07(2) (2)Report of stolen cards. If the card is lost or stolen, the card holder shall notify the department within 10 days.
Trans 130.07(3) (3)Application. A person or organization applying for a replacement individual or organization card shall provide the following:
Trans 130.07(3)(a) (a) The information required in s. Trans 130.03 (1) (a) to (h) for a person or s. Trans 130.03 (2) (a) to (c) and (f) for an organization.
Trans 130.07(3)(b) (b) Certification by a health care specialist, as prescribed by s. Trans 130.03 (1) (i) for a person, if required by the department.
Trans 130.07(3)(c) (c) The former name, if changed from that shown on the previous application and card.
Trans 130.07(3)(d) (d) The former address, if changed from that shown on the previous application.
Trans 130.07(3)(e) (e) One of the following words or phrases to describe the reason a replacement card is required:
Trans 130.07(3)(e)3. 3. Destroyed.
Trans 130.07(3)(e)4. 4. Mutilated or illegible.
Trans 130.07(4) (4)Excessive replacements.
Trans 130.07(4)(a)(a) If a person has previously been issued 2 or more replacement individual cards during the 36 months prior to the current application, or if an organization has been issued 2 or more replacement organization cards during the 36 months prior to the current application, the person or organization shall also submit to the department a signed, notarized statement as prescribed by the department.
Trans 130.07(4)(b) (b) If the person or organization does not submit the signed, notarized statement to the department within 30 days after the department receives the replacement individual or organization card application, the department shall consider the application for replacement individual or organization card withdrawn.
Trans 130.07 History History: Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR 07-072: am. (1) and (3) (intro.), r. (3) (e) 5., cr. (4), Register November 2007 No. 623, eff. 12-1-07.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.