Chapter Trans 327

Chapter Trans 327

MOTOR CARRIER SAFETY — INTRASTATE

Trans 327.01   Definitions.

Trans 327.03   Federal regulations adopted.

Trans 327.07   Enforcement.

Trans 327.09   Exemptions.

Trans 327.11   Demerit points not applicable.

Trans 327.13   Copies of federal regulations.

Trans 327.14   Medical certification requirements as part of the commercial driver license.

Trans 327.01 Trans 327.01 Definitions. Words and phrases defined in s. 340.01, Stats., and 49 CFR part 390.5 have the same meaning in this chapter. However, the definition of a word or phrase in s. 340.01, Stats., except s. 340.01 (8), Stats., shall apply when the word or phrase is defined in both s. 340.01, Stats., and 49 CFR part 390.5.

Trans 327.01 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. r. and recr. (intro.), renum. (1) and (2) to be (2) (b) and (d), cr. (1), (2) (intro.), (a), (c), (d) 9., eff. 4-1-95; r. and recr. (intro.), renum. (1) and (2) to be (2) (b) and (d) and am. (2) (d) (intro.) and 3., cr. (2) (a), (c) and (d) 9., Register, August, 1995, No. 476, eff. 9-1-95; correction in (2) (d) 3., made under s. 13.93 (2m) (b) 7., Stats., Register, October, 2000, No. 538; CR 02-080: renum. (2) (c), (d) and (4) to be (2) (d), (f) and (h) and am. (2) (f) 3., cr. (2) (c), (e) and (g) Register April 2003 No. 568, eff. 5-1-03; CR 06-043: r. (2) (b), (c), (e) to (h), renum. (2) (d) to be (2) (b) Register October 2006 No. 610, eff. 11-1-06; CR 22-051: r. (2) Register February 2024 No. 818, eff. 3-1-24.

Trans 327.03 Trans 327.03 Federal regulations adopted. The following federal motor carrier safety regulations adopted by the United States department of transportation are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles which operate in intrastate commerce in the same manner as though the regulations were set out in full in this chapter:

Trans 327.03(1) (1) 49 CFR part 390, federal motor carrier safety regulations — general, except 49 CFR 390.23 (a) (3);

Trans 327.03(2) (2) 

Trans 327.03(2)(a) (a) 49 CFR part 391, qualifications of drivers, except:

Trans 327.03(2)(a)1. 1. 49 CFR 391.11 (b) (1).

Trans 327.03(2)(a)2. 2. 49 CFR 391.41 (b) (10), if a driver who does not meet the vision standards provides documentation from a licensed vision specialist that the driver does not have progressive eye disease; that the driver’s vision in the best eye, corrected or uncorrected, is at least 20/40 (Snellen); and that the driver has a minimum of 70-degree visual field from the center of at least one eye. The documentation shall be accompanied by a statement from the specialist indicating that the driver’s vision is not likely to cause a loss of ability to control or operate a commercial motor vehicle. A driver may apply for an exception or waiver to drive in intrastate commerce by submitting this information with the driver’s application.

Trans 327.03(2)(b) (b) A driver is not eligible for an exception or waiver under par. (a) if the driver has had any moving violations or any reportable at-fault accidents while driving any motor vehicle within the 3-year period prior to the date of the application. After a driver receives an exception or waiver, the driver’s noncompliance with any applicable reporting requirements may result in cancellation of the exception or waiver.

Trans 327.03 Note Note: Refer to ch. Trans 112 for criteria requiring cancellation/voluntary temporary surrender of the CDL for medical purposes.

Trans 327.03(3) (3) 49 CFR part 392, driving of motor vehicles, except 49 CFR 392.16;

Trans 327.03(4) (4) 49 CFR part 393, parts and accessories necessary for safe operation, except 49 CFR 393.42 shall not apply to vehicles placed in operation in common, contract or private carriage prior to June 1, 1987;

Trans 327.03(5) (5) 49 CFR part 396, inspection, repair and maintenance;

Trans 327.03(6) (6) 49 CFR part 397, transportation of hazardous materials; driving and parking rules.

Trans 327.03(7) (7) Every traffic officer and state patrol inspector employed under the authority of s. 110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the North American Standard Out-of-Service Criteria, except that sub. (10) shall be used to determine the maximum number of hours allowed to drive after coming on duty.

Trans 327.03 Note Note: The North American Standard Out-of-Service Criteria is on file with the Legislative Reference Bureau and the Department of Transportation, Division of State Patrol. A copy may be requested from the Commercial Vehicle Safety Alliance, or by calling 301-830-6143. You may also request copies via their website at www.cvsa.org.

Trans 327.03(8) (8) 49 CFR part 382, federal motor carrier safety regulations — controlled substances and alcohol use and testing;

Trans 327.03(9) (9) 49 CFR part 40, procedures for transportation workplace drug and alcohol testing programs;

Trans 327.03(10) (10) 

Trans 327.03(10)(a) (a) 49 CFR part 395, hours of service of drivers, except as follows:

Trans 327.03(10)(a)1. 1. 49 CFR 395.3 (a) (2) and (3) are not adopted.

Trans 327.03(10)(a)2. 2. 49 CFR 395.3 (b) is not adopted.

Trans 327.03(10)(a)3. 3. 49 CFR 395.8 (a) (1) (i) through (iv) does not apply to operation on or before March 31, 2025.

Trans 327.03(10)(b) (b) No driver may drive a property-carrying vehicle for:

Trans 327.03(10)(b)1. 1. More than 12 hours following 10 consecutive hours off duty.

Trans 327.03(10)(b)2. 2. Any period after having been on duty for 16 hours following 10 consecutive hours off duty.

Trans 327.03(10)(b)3. 3. After having been on duty for 70 hours in any period of 7 consecutive days.

Trans 327.03(10)(b)4. 4. After having been on duty for 80 hours in any period of 8 consecutive days.

Trans 327.03(11) (11) 49 CFR part 385, safety fitness procedures, subpart C, certification of safety auditors, safety investigators and safety inspectors.

Trans 327.03 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (intro.), (1), (4) and (5), eff. 4-1-95; am. (intro.), (1), (4) and (5), Register, August, 1995, No. 476, eff. 9-1-95; am. (intro.) and (2), Register, October, 2000, No. 538, eff. 11-1-00; CR 02-080: am. (intro.), renum. (1) to (6) to be (3) to (8) and am. (4) and (7), cr. (1), (2) and (9) Register April 2003 No. 568, eff. 5-1-03; CR 03-059: am. (intro), renum. (1) to (3) to be (8), (9) and (1) and (5) to (8) to be (3) to (6), renum. and am. (4) to be (2) and (9) to be (7) Register December 2003 No. 576, eff. 1-4-04; CR 06-043: am. (intro.), (2) and (7), cr. (10) Register October 2006 No. 610, eff. 11-1-06; EmR0833: emerg. am. (intro.) and (7), cr. (11), eff. 11-5-08; CR 08-100: am. (intro.) and (7), cr. (11) Register April 2009 No. 640, eff. 5-1-09; CR 22-048: am. (2) (a) 2., (b) Register July 2023 No. 811, eff. 8-1-23; CR 22-051: am. (2) (a) 1., (7), r. and recr. (10) Register February 2024 No. 818, eff. 3-1-24; correction in (1), (2) (a), (3) to (9), (10) (a), (11) made under s. 35.17, Stats., Register February 2024 No. 818.

Trans 327.07 Trans 327.07 Enforcement.

Trans 327.07(1) (1) The provisions of s. Trans 327.03 (4) and (5) shall be enforced under the provisions of ch. 110, Stats.

Trans 327.07(2) (2) The provisions of s. Trans 327.03 (1), (2), (3), (6), (8), and (10) shall be enforced under the provisions of ch. 194, Stats.

Trans 327.07 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (2), eff. 4-1-95; am. (2), Register, August, 1995, No. 476, eff. 9-1-95; corrections made under s. 13.93 (2m) (b) 7., Stats., Register May 2003 No. 569; corrections made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; CR 06-043: am. (2) Register October 2006 No. 610, eff. 11-1-06; CR 22-051: am. Register February 2024 No. 818, eff. 3-1-24; correction made under s. 35.17, Stats., Register February 2024 No. 818.

Trans 327.09 Trans 327.09 Exemptions.

Trans 327.09(1) (1) The provisions of s. Trans 327.03 do not apply to a driver of a school bus when the school bus is being used for authorized educational or extracurricular school-related activities.

Trans 327.09 Note Note: This section preserves exemptions authorized by 49 CFR 350.305(b)(2) that were in effect on March 31, 1988, for school bus drivers engaged in intrastate operations for authorized educational or extracurricular school-related activities.

Trans 327.09(2) (2) The provisions of s. Trans 327.03 (2) do not apply to the following:

Trans 327.09(2)(a) (a) Drivers who operate motor vehicles which have a manufacturers’ gross vehicle weight rating equal to or less than 26,000 pounds, except that this provision does not apply to vehicles transporting hazardous materials requiring placarding or vehicles transporting 16 or more passengers including the driver.

Trans 327.09(2)(b) (b) Drivers who have met state medical qualifications and have been issued a valid Wisconsin commercial driver’s license, or CDL, prior to July 29, 1996, which has not been revoked, and who continue to meet state medical requirements as found in ch. Trans 112.

Trans 327.09(3) (3) The provisions of s. Trans 327.03 (6) do not apply to drivers and vehicles transporting hazardous materials by a motor vehicle which is not required to be placarded.

Trans 327.09(4) (4) The provisions of s. Trans 327.03 (10) do not apply to the following:

Trans 327.09(4)(a) (a) Drivers of authorized emergency vehicles, as defined in s. 340.01 (3), Stats.

Trans 327.09(4)(b) (b) Drivers who operate motor vehicles that are not defined as a commercial motor vehicle in s. 340.01 (8), Stats.

Trans 327.09(4)(c) (c) Drivers of tow trucks as defined in s. 340.01 (67n), Stats., operating at the request of a law enforcement officer.

Trans 327.09(7) (7) The provisions of this chapter do not apply to any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination’s gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s. 340.01 (8) (c) or (d), Stats., and the vehicle combination is operated solely in intrastate commerce.

Trans 327.09 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (2) (a) and (3), r. and recr. (2) (b), renum. (4) (c) to be (5), cr. (4) (c), eff. 4-1-95; am. (2) (a) and (3), r. and recr. (2) (b), renum. (4) (c) to be (5) (intro.) and am., cr. (4) (c), (5) (a) to (d) and (6), r. (4) (d), Register, August, 1995, No. 476, eff. 9-1-95; renum. (6) to be (6) (a), cr. (6) (b), Register, October, 2000, No. 538, eff. 11-1-00; CR 02-080: renum. (6) to be (13) and am., cr. (6) to (12) Register April 2003 No. 568, eff. 5-1-03; corrections in (2) (intro.), (3) and (13) (a) made under s. 13.93 (2m) (b) 7., Stats., Register May 2003 No. 569; CR 03-059: am. (8) (intro) and (b) Register December 2003 No. 576, eff. 1-4-04; corrections in (2) (intro), (3) and (13) (a) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; CR 06-043: am. (5) (intro.), (b) and (c), r. (6) to (12), renum. (13) to be (6) and am. (6) (a), cr. (7) Register October 2006 No. 610, eff. 11-1-06; CR 22-051: am. (1), (4) (intro.), (b), r. (5), (6) Register February 2024 No. 818, eff. 3-1-24; correction in (4) (a) made under s. 35.17, Stats., Register February 2024 No. 818.

Trans 327.11 Trans 327.11 Demerit points not applicable. No demerit points may be assessed for violations of the regulations adopted in this chapter.

Trans 327.11 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87.

Trans 327.13 Trans 327.13 Copies of federal regulations. The department shall advise carriers upon request that copies of the federal regulations cited in s. Trans 327.03 may be obtained by contacting the division of state patrol, Wisconsin department of transportation.

Trans 327.13 Note Note: Federal motor regulations may also be obtained through the Internet via: http://www.fmcsa.dot.gov.

Trans 327.13 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. eff. 4-1-95; am. Register, August, 1995, No. 476, eff. 9-1-95; CR 08-100: am. Register April 2009 No. 640, eff. 5-1-09.

Trans 327.14 Trans 327.14 Medical certification requirements as part of the commercial driver license.

Trans 327.14(1) (1) Purpose. As authorized by ss. 343.02 (1), 343.06 (3), and 343.065 (3), Stats., this section establishes the processes for a CDL holder to certify the appropriate type of driving in accordance with 49 CFR 383.71 (2012) and to provide any federal medical certificate required by 49 CFR 391.45, and for the department to downgrade the CDL of any person who does not make that certification or who does not provide or maintain in effect a medical certificate as required by 49 CFR 383.73. This section also establishes the process for reinstating a downgraded commercial driver license.