Wisconsin Legislature: Trans 301.02

Trans 301.01 Trans 301.01 Purpose. The purpose of this chapter is to promote the safe transportation of persons in a vehicle utilized as a human services vehicle.

Trans 301.01 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. Register, April, 1997, No. 496, eff. 5-1-97.

Trans 301.02 Trans 301.02 Scope. This chapter is promulgated under authorization granted in s. 110.05, Stats. This chapter is intended to provide specific safety related standards regarding design, construction and equipment requirements for new and in-use human services vehicles. This chapter may require different standards for vehicles of various size and use. It provides for the inspection and operation of human services vehicles as defined in this chapter.

Trans 301.02 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. Register, April, 1997, No. 496, eff. 5-1-97.

Trans 301.03 Trans 301.03 Definitions.

Trans 301.03(1)(1) “Attended" means the driver is in the immediate area of the service door or, in the case of an HSV equipped with a power lift, the driver is assisting a person with a disability to board or exit the HSV operating the power lift controls.

Trans 301.03(2) (2) “Department" means Wisconsin department of transportation.

Trans 301.03(3) (3) “GVWR" means gross vehicle weight rating.

Trans 301.03(4) (4) “HSV" means a human services vehicle as identified in s. 340.01 (23g), Stats., and regulated under s. 110.05, Stats.

Trans 301.03(5) (5) “Owner" means the owner of the vehicle and includes the lessee or operator of the vehicle, if the owner of the vehicle leases or authorizes the use of the vehicle.

Trans 301.03(6) (6) “Placed in operation" means the date entered on the original application for title/registration as an HSV as the date the vehicle was first placed in operation as an HSV in Wisconsin, regardless of who owned the vehicle or where it was placed in operation. In the case of a vehicle modified or remanufactured for use as an HSV, “placed in operation" means the date of first physical manipulation or activation of any of the controls of the motor vehicle necessary to put it in motion in Wisconsin after modification or remanufacture, regardless of who owned the vehicle or where it was put in motion.

Trans 301.03 Note Note: In the event of transfer of title/registration after the date first placed in operation as an HSV, the very first date of operation as an HSV continues to govern, unless the vehicle is modified or remanufactured.

Trans 301.03(7) (7) “Secretary" means secretary of the Wisconsin department of transportation.

Trans 301.03(8) (8) “Service door" means the door usually used by the majority of the passengers for entering and leaving the HSV. In a vehicle commonly referred to as a van, this may be either the right front door or the door located near the center of the vehicle on the right side. The van door may be either on a sliding glideway or may open outward.

Trans 301.03 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; renum. (1) and (4) to be (4) and (7) and am. (4), cr. (1), (5) and (6), (8) renum. from Trans 301.30 (1) and am., Register, April, 1997, No. 496, eff. 5-1-97; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 301.04 Trans 301.04 Federal regulations adopted. The federal regulations in title 49 CFR part 393 (October 1, 1995), parts and accessories necessary for safe operation, 49 CFR part 571 (October 1, 1995), motor vehicle safety standards, and 36 CFR part 1192 (October 1, 1996), Americans with disabilities act accessibility guidelines for transportation vehicles, that are specified in this chapter shall be enforced in relation to an HSV under this chapter as though the regulations were set out in full in this chapter.

Trans 301.04 Note Note: Copies of the federal regulations may be obtained by contacting the Division of State Patrol, Wisconsin Department of Transportation, P. O. Box 7912, Room 551, Madison, Wisconsin 53707-7912.

Trans 301.04 History History: Cr. Register, April, 1997, No. 496, eff. 5-1-97.

subch. I of ch. Trans 301 Subchapter I — Operation

Trans 301.05 Trans 301.05 Driver requirements.

Trans 301.05(1)(1) The driver may not smoke or permit smoking aboard the HSV. The driver may not operate an HSV while under the influence of alcohol or controlled substance or permit the use of alcohol or controlled substance on the vehicle.

Trans 301.05(2) (2) The driver shall maintain order among passengers being transported. Misconduct shall be promptly reported to the proper authority. The driver may assign seating order.

Trans 301.05(3) (3) Prior to the start of any trip the driver shall check the condition of the HSV, giving particular attention to brakes, tires, lights, emergency equipment, mirrors, windows, special equipment, and interior cleanliness of the vehicle. Defects shall be reported to the person in charge of vehicle maintenance. The driver shall be responsible for the cleanliness of the interior of the vehicle. The windshield and mirrors shall be clean before each operation.

Trans 301.05(4) (4) In case of an accident or a breakdown the driver should remain with the vehicle and secure aid by means of 2-way communication.

Trans 301.05(5) (5) Passenger loading and unloading locations or points shall be selected with due regard for traffic and pedestrian safety and s. 346.475, Stats.

Trans 301.05(6) (6) Doors shall be closed securely before starting and shall remain closed while vehicle is in motion, except as provided in sub. (12). Abrupt starts and stops or sudden maneuvers are prohibited, except in an emergency.

Trans 301.05(7) (7) A driver may not leave the vehicle unattended with engine running or key in the ignition.

Trans 301.05(8) (8) Articles may not be transported within vehicle body if there is or may be interference with passengers or driver, or if aisle, well or steps are obstructed. Articles other than those associated with agency activity or in the personal possession of passengers may not be transported. At no time will animals, except for dogs permitted by s. 106.52 (3) (am), Stats., for persons with vision or hearing impairments or other animals assisting a person with a disability, or firearms or other weapons unless accompanied by written authorization from the agency administrator be permitted on an HSV. The driver shall refuse admittance to any person not presenting proper authorization. The driver may designate where items shall be carried on the vehicle.

Trans 301.05(9) (9) Minors being transported in an HSV are prohibited from crossing the road either to be loaded or discharged. The driver shall position the vehicle in such a manner that a minor need not cross the road to be loaded or discharged from the vehicle.

Trans 301.05(10) (10) Drivers, transportation supervisors and vehicle owners shall cooperate at all times with authorized department personnel in carrying out the inspection of equipment, or examination of driver pursuant to law, or to department rules.

Trans 301.05(11) (11) No driver may require or allow any passenger to stand while the vehicle is in motion. The driver may not move or start the HSV until all passengers are seated. The driver may not permit a passenger to get up from a seated position until the HSV has come to a complete stop. The driver may not permit any passengers to sit anywhere except in seats provided. This subsection does not apply to chaperones or monitors in the performance of their duties or to a passenger with a medical condition that prevents sitting as certified by a medical practitioner.

Trans 301.05(12) (12) The driver of any vehicle required to stop at a railroad crossing by s. 346.45, Stats., shall come to a full stop at a distance of not less than 15 feet nor more than 50 feet before crossing at grade any track of a railroad. The hazard warning lights shall be used when the HSV is slowing for the stop and shall remain on until the vehicle has resumed normal speed. While the vehicle is so stopped, the driver shall open the service door and listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train. After stopping and upon proceeding when it is safe to do so, the driver of such vehicle shall cross only in such gear of the vehicle as shall make it unnecessary to manually shift gears while traversing the crossing and may not shift gears while traversing the crossing. The door shall remain open until the front wheels of the HSV have cleared the first set of tracks for each required stop.

Trans 301.05(13) (13) Passengers shall comply with all orders given by drivers in carrying out the driver's responsibilities under the Wisconsin administrative code.

Trans 301.05(14) (14) The use of audio headsets by drivers is prohibited.

Trans 301.05 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. (1), (3) and (5) to (12), cr. (14), Register, April, 1997, No. 496, eff. 5-1-97; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; 2017 Wis. Act 238: am. (11) Register April 2018 No. 748, eff. 5-1-18; CR 22-048: am. (8) Register July 2023 No. 811, eff. 8-1-23.

Trans 301.06 Trans 301.06 Vehicle owner and employer requirements. It is the vehicle owner's and the employer's responsibility to determine that qualified personnel operate the vehicle according to safe practices, including s. 346.94 (15), Stats., relating to prohibited towing practices, that the vehicle is insured as an HSV under s. 344.55, Stats., registered as an HSV under s. 341.25 (1) (k), Stats., and inspected as required by s. 110.05, Stats., and this chapter.

Trans 301.06 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. Register, April, 1997, No. 496, eff. 5-1-97.

Trans 301.07 Trans 301.07 Out of service.

Trans 301.07(1)(1) Any vehicle that is found to be in such condition that is unsafe for use as an HSV shall have an “out of service" sticker attached to the upper glass in the service door. The vehicle may not be used as an HSV while such sticker is displayed.

Trans 301.07(2) (2) A vehicle with an “out of service" sticker displayed shall be reinspected after repairs are completed. The sticker shall be removed by an agent of the department prior to reuse as an HSV.

Trans 301.07(3) (3) It shall be illegal for any person other than an agent of the department to remove an “out of service" sticker unless the vehicle has the base registration removed and is reregistered in such a manner so as to prohibit its use as an HSV.

Trans 301.07 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. Register, April, 1997, No. 496, eff. 5-1-97.

subch. II of ch. Trans 301 Subchapter II — Equipment Standards

Trans 301.09 Trans 301.09 Equipment standards. Any HSV with a passenger-carrying capacity of 16 or more persons, including the operator, shall comply with ch. Trans 330, motor bus equipment and inspection, except s. Trans 330.23, inspection fees. In addition, motor buses used to transport persons with disabilities shall comply with s. Trans 301.14, communication requirements, and subch. III, special equipment requirements.

Trans 301.09 History History: Cr. Register, April, 1997, No. 496, eff. 5-1-97; CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23.

Trans 301.10 Trans 301.10 Aisle. Any HSV with a GVWR of more than 10,000 pounds or a vehicle with the aisle through the center of the unit shall have a minimum clearance of 12 inches leading to the emergency door when measured at any point between the seats or between any seat and emergency door frame in the case of a vehicle with a side emergency door. An open area for wheelchairs may not be considered an aisle.

Trans 301.10 Note Note: For purposes of measurement, the 12-inch aisle clearance is required when measured from a foldaway seat when the seat is in its fully deployed and open position. For purposes of measurement, the 12-inch aisle clearance is required from a flip-up seat that complies with s. Trans 301.29 (3) at a side emergency door location when the seat is not occupied and is in its automatically closed position.

Trans 301.10 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. Register, April, 1997, No. 496, eff. 5-1-97.

Trans 301.11 Trans 301.11 Brakes. Brakes shall conform to the applicable standards under 49 CFR 571.105 and 571.121 and requirements under 49 CFR 393.40 to 393.52.

Trans 301.11 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; r. and recr. Register, April, 1997, No. 496, eff. 5-1-97.

Trans 301.12 Trans 301.12 Bumpers. Every HSV shall be equipped with front and rear bumpers properly attached to the vehicle to be effective in the event of an accident.

Trans 301.12 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82.

Trans 301.13 Trans 301.13 Construction.

Trans 301.13(1)(1) Every HSV manufactured in accordance with federal school bus standards after May 1, 1997 shall meet the requirements of 49 CFR 571.220, school bus rollover protection.

Trans 301.13(2) (2) Every van modified with a raised roof or doors, or both, placed in operation after May 1, 1997 shall meet the requirements of 49 CFR 571.220, school bus rollover protection.

Trans 301.13(3) (3) A modified van with raised roof or doors, or both, placed in operation prior to May 1, 1997 may continue operation for 5 years after May 1, 1997 without modification, if it meets the accessibility guidelines for transportation vehicles in 36 CFR part 1192, subpart B, including the door height standard in 36 CFR 1192.25(c).

Trans 301.13 Note Note: 36 CFR 1192.25(c) reads as follows: “For vehicles in excess of 22 feet in length, the overhead clearance between the top of the door opening and the raised lift platform, or highest point of a ramp, shall be a minimum of 68 inches. For vehicles of 22 feet in length or less, the overhead clearance between the top of the door opening and the raised lift platform, or highest point of a ramp, shall be a minimum of 56 inches."

Trans 301.13 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; r. and recr. Register, April, 1997, No. 496, eff. 5-1-97.

Trans 301.14 Trans 301.14 Communications. Every HSV shall be equipped with some type of 2-way communication system. This system shall be of such design and installation that the vehicle operator shall at all times be able to communicate with either the base of operations or another intermediary party that could communicate with the base of operations.

Trans 301.14 History History: Cr. Register, March, 1982, No. 315, eff. 1-1-83; r. (2), Register, April, 1997, No. 496, eff. 5-1-97.

Trans 301.15 Trans 301.15 Defroster.

Trans 301.15(1)(1) All defrosting equipment shall keep the windshield and the glazing to the left and right of the driver clear of fog and frost. The defroster outlets may not be restricted in any way.