Analysis Regarding Rule’s Effect on Small Businesses: There are three types of ambulance services in the State of Wisconsin, private ambulance services, not for profit ambulance services and municipal ambulance services. Several of these ambulance services throughout the state would qualify as a small business under s. 227.114, Stats. This rule making will add minor additional costs to ambulance services by adding some equipment however by removing the Medical Equipment inspection area and turning it over to the Department of Health Services EMS Section and the Services Medical Directors it will lessen the amount of time spent on the inspection and lessen the burden on small business. Another option that may be used for the medical equipment inspections by the services and DHS is having private businesses that test and certify medical equipment that are already operational around the State performing inspections. This rulemaking will add minor additional costs to ambulance services by adding some equipment; however, it will also be offset by removing some equipment that was previously required. Many of the revisions made are already in requirements from the federal ambulance build standards and in the Wisconsin Department of Health Services Emergency Medical Services requirements for ambulances. This rulemaking is a revision of the existing Transportation Rule 309 and is updating the rule to be more in line with current practices in ambulance operations in the State of Wisconsin.
Effect on small business: Ambulance services may see an increase in costs with this rulemaking by having to add new equipment or from obtaining annual Department of Transportation inspections. However, costs may also decrease or remain similar to current costs for ambulance services because this rulemaking will also provide areas where services can decrease equipment being carried. The benefits and safety advances incurred by this rulemaking should be very beneficial to the ambulance services as well as the consumers.
Anticipated costs incurred by private sector: This rulemaking will require new equipment to be carried on ambulances and new configurations to ambulances however this effect should be minimal financially on ambulance services. Numerous changes have been required on a federal build level for years and ambulances have had these changes and updates incorporated and the rule making is being updated to include these changes. In November of 2016 The Division of State Patrol has asked numerous vehicle service centers around the State for pricing for annual Department of Transportation inspections. The prices for the inspections ranged from $0 to $115. The services that did not charge a fee require any defects to be repaired by their technicians. The average cost for the annual inspection was $86.55.
Osseo Ford Osseo, WI $79.00 (one hour rate) + form and decal
Phillips Service Center Phillips, WI $80.00
Roberts Repair Rhinelander, WI $88.94
Twin Ports Fleet Maintenance, Superior, WI $79.00
La Crosse Truck Center, La Crosse, WI $89.00
Mid State Truck Service Inc., Wausau, Wisconsin Rapids, Plover, Chippewa Falls, Marshfield & Abbotsford, WI $60.00, (Wausau location includes inspection with oil changes, no extra charge)
Quality Truck Care Center, Green Bay, Appleton, Oshkosh & Fond Du Lac, WI $76.08, ($75.00 for the inspection and $1.08 for the DOT paperwork & sticker)
Badger Truck Center, Milwaukee, WI $115.00
Meier Truck Fleet Repair, Madison, WI $110.00Depending on the ambulance service, many will be able to perform the inspections themselves as they have certified inspectors/technicians on staff.
The agency contact person listed below is also the small business regulatory coordinator for this proposed rule. This proposed rule, fiscal estimate, and other related documents may be viewed at https://docs.legis.wisconsin.gov/code. Agency Contact Person:
Paul R. Schilling
State of Wisconsin Department of Transportation
Bureau of Traffic Safety, Motor Carrier Investigation Unit
4822 Madison Yards Way
Madison, Wisconsin 53705
Phone: 608-220-3246
Place Where Comments Should Be Submitted and Deadline: Comments may be submitted to the agency contact person listed above or through the Legislature’s Administrative Rules website http://docs.legis.wisconsin.gov/code until the deadline given in the forthcoming notice of public hearing. TEXT OF PERMANENT RULE
SECTION 1. Trans 309.01 (1) is amended to read:
Trans 309.01 (1) The purpose of this chapter is to prescribe minimum vehicle and medical equipment specifications for ambulances and to establish administrative procedures for implementing the ambulance inspection program under s. 341.085, Stats. SECTION 2. Trans 309.02 (5) is repealed.
SECTION 3. Trans 309.02 (6) is repealed.
SECTION 4. Trans 309.02 (9) is repealed.
SECTION 5. Trans 309.02 (12) is amended to read:
Trans 309.02 (12) "Type I ambulance" means, 10,001 to 14,000 lb GVWR, that is constructed on a cab chassis furnished with a modular unit ambulance body a motor truck with a modular unit having a rear window opening or a walk-through from the cab to the modular unit. "Type I ambulance" includes a vehicle that is used for a combination of fire and ambulance purposes.
SECTION 6. Trans 309.02 (13) is amended to read:
Trans 309.02 (13) "Type II ambulance" means a van type vehicle constructed or converted with a raised roof. "Type I-AD ambulance” means, an ambulance with 14,001 lb GVWR or more that is constructed on a cab chassis with a modular ambulance body.
SECTION 7. Trans 309.02 (14) is amended to read:
Trans 309.02 (14) "Type III ambulance" means a specialty van and modular unit with a rear window opening or walk-through from the cab to the modular unit. "Type II ambulance” means an ambulance constructed on a van chassis.
SECTION 8. Trans 309.02 (15), 309.02 (16), 309.02 (17), 309.02 (18) and 309.02 (19) are created to read:
Trans 309.02 (15) “Type III ambulance” means an ambulance of GVWR from 10,001-14,000 lb that is constructed on a cutaway van chassis with integrated modular ambulance body.
Trans 309.02 (16) “Type III-AD ambulance” means, an ambulance of 14,001 lb GVWR or more that is constructed on a cutaway van chassis with integrated modular body.
Trans 309.02 (17) “Gross Vehicle Weight Rating” or “GVWR” means the combination of the vehicle’s curb weight and total usable payload.
Trans 309.02 (18) “OEM” means Original Equipment Manufacturer.
Trans 309.02 (19) “Gross Axle Weight Rating” or “GAWR” means the maximum distributed weight that may be supported by an axle of a road vehicle.
SECTION 9. Trans 309.03 (title) is amended to read:
Trans 309.03 Inspections and Enforcement.
SECTION 10. Trans 309.03 (1g) is created to read:
Trans 309.03 (1g) Ambulance service providers based out of state but operating in Wisconsin shall have their home state’s most current inspection on file with the department and shall comply with all Wisconsin motor vehicle legal requirements including ch. Trans 305, s. 347, Stats., and this chapter. SECTION 11. Trans 309.03 (3) (a) is amended to read:
Trans 309.03 (3) (a) Except as provided in sub. (4), if upon inspection a vehicle is found to be unsafe or improperly constructed or equipped for use as an ambulance, or if the ambulance service provider's license has been revoked, the inspector shall attach an "OUT OF SERVICE" sticker to the glass in the rear door of the vehicle. A vehicle may not be put in service as an ambulance while the sticker is so displayed. Except as provided in par. (b), the “OUT OF SERVICE” sticker displayed shall be re-inspected by and shall have the sticker removed by an employee of the division of state patrol or authorized agent of the service provider at the direction of the division of state patrol employee prior to reuse as an ambulance. The “OUT OF SERVICE” sticker shall not be removed until may be removed only by a department authorized inspector and only after the deficiencies noted on the inspection report have been corrected, or the ambulance provider’s license has been reinstated., and the vehicle has been reinspected and approved by the department.
SECTION 12. Trans 309.03 (3) (b) 1. is amended to read:
Trans 309.03 (3) (b) 1. If a vehicle that has been declared "out of service" or is no longer able to serve as an ambulance, the owner or lessee of the vehicle shall remove the "OUT OF SERVICE" sticker and all special ambulance markings and features from the vehicle, including all of the following:
SECTION 13. Trans 309.03 (3) (b) 1. a. is amended to read:
Trans 309.03 (3) (b) 1. a. The warning, flood lights and siren unless the vehicle is being converted for use as another kind of authorized emergency vehicle. The current owner or lessee must physically remove all lighting equipment required by s. Trans 309.15 (2), the siren and public address equipment required by s. Trans 309.17 and all lettering and markings required by s. Trans 309.19. Ambulance lighting shall be brought into compliance with vehicle general lighting requirements in ch. 347, Stats. and ch. Trans 305. SECTION 14. Trans 309.03 (4) is amended to read:
Trans 309.03 (4) If upon inspection a vehicle is found defective or deficient but, in the judgment of the inspector, may nevertheless be operated as an ambulance without seriously affecting the safe transportation of sick, injured, disabled persons or general public, the inspector shall note the deficiency on the ambulance inspection report and shall specify the time, not to exceed 30 days, in which the ambulance service provider is required to correct the defect or deficiency. The inspector may require proof of correction of the defect or deficiency in writing. If the defect or deficiency is not corrected within the time allowed, the vehicle may not be used as an ambulance.
SECTION 15. Trans 309.03 (5) (j), 309.03 (5) (k), 309.03 (5) (m), 309.03 (5) (n), 309.03 (5) (o), 309.03 (5) (p), 309.03 (5) (q), 309.03 (5) (r), 309.03 (5) (s), and 309.03 (5) (t) are created to read:
Trans 309.03 (5) (j) A malfunctioning or inadequate environmental climatic control system.
Trans 309.03 (5) (k) A malfunctioning or inadequate cot or cot securement system.
Trans 309.03 (5) (m) Inoperative complete front, side or rear emergency lighting.
