Statement of Scope
Department of Transportation
Rule No.: | Wisconsin Admin. Code ch. Trans 104 |
Relating to: | Examination Procedures for Operator’s License |
1. Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
Wisconsin Admin. Code ch. Trans 104, Examination Procedures for Operator’s License, is an existing rule that interprets 49 C.F.R. part 383, Commercial Driver’s License Standards; Requirements and Penalties, 49 C.F.R. part 384, State Compliance with Commercial Driver License Program, and Wis. Stat. ch. 343, Operator’s Licenses. These federal and state laws relate to procedures used in testing applicants for any classification of operator’s license, endorsements to licenses, and the imposition and removal of license restrictions. The Wisconsin Department of Transportation (“WisDOT”) last amended Wis. Admin. Code ch. Trans 104 in 1996. Since that time, changes to federal regulations implementing the Commercial Motor Vehicle Safety Act of 1986 (“CMVSA”) have affected the exam procedures state and third party examiners must employ. These changes require WisDOT’s compliance by July 2015. The anticipated amendments to Wis. Admin. Code ch. Trans 104 reflect these changes and will ensure WisDOT’s compliance with federal law. WisDOT must also amend Wis. Admin. Code ch. Trans 104 to conform to Wis. Stat. s. 343.16(3), which generally requires a person whose operator’s license has expired by more than 8 years and who has no proof of valid licensed operation during that 8 year period to take all knowledge and skill tests associated with the class of license previously held. The anticipated modifications do not change the objective of the rule.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
a. Existing state statutes and WisDOT policies that need to be updated in the rule:
Wisconsin Stat. s. 343.16(3) generally requires a person whose operator’s license has expired by more than 8 years and who has no proof of valid licensed operation during that 8 year period to take all knowledge and skill tests associated with the class of license previously held. b. New federal policies:
Revisions to 49 C.F.R. parts 383 and 384 add requirements for the issuance of a Commercial Driver’s License (“CDL”) to Commercial Motor Vehicle operators. Some revisions impact the examination procedures for the CDL written and skills tests that state field agents and third party testers administer. c. Policy alternatives:
All anticipated modifications to Wis. Admin. Code ch. Trans 104 are required to comply with federal and state laws. Accordingly, no policy alternatives exist. 4. Detailed explanation of statutory authority for the rule:
WisDOT is authorized to administer and modify Wis. Admin. Code ch. Trans 104 under various provisions of Wis. Stat. ch. 343 and Wis. Stat. s. 85.16 (1). Wisconsin Stat. s. 343.02 requires that WisDOT administer and enforce the issuance of operator licenses and state identification cards and authorizes WisDOT to promulgate rules WisDOT’s secretary considers necessary. Wisconsin Stat. s. 343.03 (1) (a) and (b) requires that WisDOT institute a classified driver license system that meets all federal standards. Wisconsin Stat. s. 343.16 (1) (b) requires that WisDOT conduct written and skills tests. Wisconsin Stat. s. 85.16(1) authorizes WisDOT’s secretary to make reasonable and uniform orders and rules deemed necessary. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
WisDOT currently estimates that modifications to Wis. Admin. Code ch. Trans 104 will require approximately 500 hours of staff time. Other resources necessary to develop the rule include the general public, other impacted state agencies, impacted federal agencies, the Wisconsin Legislature, and the Governor’s Office. 6. List with description of all entities that may be affected by the proposed rule:
All persons obtaining a class D, M or CDL license taking knowledge and skills test through WisDOT’s Division of Motor Vehicles (“DMV”) or a third party tester.
All third party testers and examiners who conduct CDL skills tests.
All WisDOT DMV agents who conduct knowledge or skills test exams.
