Trans 301.61 Special service opening.
Trans 301.64 Stanchions and barriers.
Trans 301.65 Wheelchair fasteners.
Trans 301.66 Seats and restraints.
Subchapter IV — Inspection and Enforcement Standards
Trans 301.95 General requirements.
Trans 301.96 Enforcement.
Ch. Trans 301 Note
Note: Chapter
Trans 301 was created as an emergency rule effective December 1, 1981.
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(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(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.
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 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(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.
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 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(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(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.
Trans 301.15(2)
(2) Fans may be used in addition to defrosters, but shall be mounted so as not to obstruct the driver's view.
Trans 301.15 History
History: Cr.
Register, March, 1982, No. 315, eff. 4-1-82; am. (1),
Register, April, 1997, No. 496, eff. 5-1-97.
Trans 301.16(1)(1)
Every HSV with a GVWR of more than 10,000 pounds shall be provided with emergency exits that comply with
49 CFR 571.217, bus emergency exits and window retention and release, and the following requirements:
Trans 301.16(1)(c)
(c) The upper and lower portion of the central rear emergency door shall be equipped with approved safety glass, the exposed area of which shall be not less than 400 square inches in the upper portion and not less than 280 square inches in the lower portion. The left side emergency door shall be equipped with safety glass in the upper portion and lower portion shall be of at least the same gauge metal as the body. The emergency door shall be hinged on the right side if it is in the rear of the bus and on the front side if it is in the left side and shall open only outward. Control from the driver's seat may not be permitted.
Trans 301.16(1)(d)
(d) The emergency door shall be equipped with a slide bar, cam-operated latch which shall have a minimum stroke of one inch. The latch shall be equipped with a suitable electric plunger-type switch connected with a distinctive audible signal, automatically operated which shall clearly indicate the unlatching of this door. A cutoff switch may not be installed in the circuit. The switch shall be enclosed in a metal case and wires leading from the switch shall be concealed in the body. The switch shall be so installed that the plunger contacts the farthest edge of the slide bar in such a manner that any movement of the slide bar shall immediately close the circuit and activate the signal. The door latch shall be equipped with an interior handle which shall be capable of quick release but shall be protected against accidental release. It shall lift up to release the latch. The outside handle shall be so constructed as to minimize hitching and shall be a nondetachable device.
Trans 301.16(1)(e)
(e) If locks are installed on the emergency door they shall include a device to prevent the activating of the starter mechanism of the vehicle engine while any door is locked. An audio alarm shall indicate to the driver when any door lock is in the locked position while the ignition switch is in the “on" position.
Trans 301.16(1)(f)
(f) A rear emergency window at least 16 inches in height and as wide as practicable shall be provided in any HSV where the emergency door is not in the rear. The rear window shall be designed so as to be opened from either the inside or the outside. It shall be hinged at the top and designed to prevent accidental closing in an emergency. A positive latch on the inside shall provide for quick release but offer protection against accidental release. The outside handle shall be nondetachable and designed to minimize hitching.
Trans 301.16(1)(f)1.
1. The inside of each emergency window or door shall have the designation “Emergency Exit." Concise operating instructions shall be located within 6 inches of the release mechanism. The outside of the emergency door shall be clearly marked “Emergency Door" or “Emergency Exit" in letters 2 inches high at the top of the door. An arrow at least 6 inches long and 3/4 inch in width indicating the direction the release mechanism should be turned to open the door shall be painted in contrasting or conspicuous colors. The outside of the emergency window shall be labeled “Emergency Exit" in letters at least 2 inches high directly above the window.
Trans 301.16(1)(f)2.
2. A distinctive audible signal, automatically operated shall clearly indicate to the driver the unlatching of any emergency window and no cutoff switch may be installed in the circuit.
Trans 301.16(1)(g)
(g) The area on the inside above the emergency door shall be covered with padding at least 2 inches high to within 2 inches of each side of the door opening.
