Trans. 327.03(10) does not adopt 49 CFR 395.8 (“Driver’s record of duty status”). Trans 327.05 (3) has a note at the bottom which does require a driver to document information such as total miles driven each day, to make entries in the driver’s own handwriting, and to make entries on a specific grid as required by 49 CFR 395.8 (f) and (g). When a driver does not meet the mileage exemption (150 air miles) this information must be documented. This rulemaking will clarify the application of those requirements to drivers exempted from records of duty status. Adoption of 49 CFR 395.8 which includes the Electronic Logging Device (ELD) requirements put forth by the Commercial Motor Vehicle Safety Enhancement Act of 2012 49 U.S. Code § 31137. Currently Trans. 327 does adopt 49 CFR 395.3 except for the maximum on duty and driving hours identified in 49 CFR 395.3. It is the objective of the proposed rule to enforce 49 CFR 395.3(a)(3)(ii). Additional proposed changes that did not originate from FMCSA review:
- Add an exemption from Trans 327.03(10), hours of service, to Trans 327.09(4) which are vehicle types exempted from federal hours of service limitations. Those vehicles are currently exempted only from the provisions of Trans 327.05, driver hours of service.
- Repeal references to 49 CFR 395.1(h) & 395.1(i) from 327.03(10), which exempt hours of service for Alaska and Hawaii drivers and have no application in this state. - Remove the exemption from hours of service requirements for passenger vehicle drivers, by deleting 49 CFR 395.5 from Trans 327.03(10). - Add ‘gross combination weight rating’ to exemptions in Trans 327.09(2)(a) and (4)(b), consistent with definition of commercial motor vehicle at 49 CFR 390.5. - Trans 327.09 (2)(a) needs to be clarified to include vehicles designed to carry 16-passengers, consistent with state statute 343.04(2)(d).
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Wisconsin Statutes, ss. 194.38 (1)(b) and (2). Also, Wisconsin Statutes, ss. 110.07(1)(a)1. and (3) (“Traffic officers; powers and duties”), 110.075 (“Motor vehicle inspection”), 194.43 (“Private motor carriers; regulation by department”), 343.02(1) (“Administration of driver license law”), and 343.06(2) (“Persons not to be licensed”): 194.38 Regulatory powers of department.
(1) It shall be the duty of the department:
(b) To prescribe rules and regulations as to safety of operations and the hours of labor of drivers of motor vehicles operated under the authority of this chapter.
(2) Nothing in this section shall permit the department to promulgate any rule under which the provisions of 49 CFR 390, 391, 392, 395, and 397 are applicable to, or enforceable with respect 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), and the vehicle combination is operated solely in intrastate commerce. 110.07 Traffic officers; powers and duties.
(1)(a) The secretary shall employ not more than 399 traffic officers. The state traffic patrol consists of the traffic officers, the person designated to head them whose position shall be in the classified service and, if certified under s. 165.85 (4) (a) 1. as qualified to be a law enforcement officer, the division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol. The division administrator may not be counted under this paragraph. Members of the state traffic patrol shall: (3) The secretary may employ inspectors who may not wear the uniform of the state patrol, whose duties shall be to enforce and assist in administering ss. 23.33, 23.335, and 346.63, this chapter and chs. 194, 218, 340 to 345 and 347 to 351, the inspection requirements of s. 121.555 (2) (b) and the requirements under s. 346.45 (4) for vehicles being used to transport hazardous materials. Such inspectors, in the performance of these duties, shall have the powers and authority of state traffic officers. For the purpose of death, disability and retirement coverage, such inspectors shall be subject to ch. 40 as is the state traffic patrol. Subject to sub. (5), the secretary may clothe and equip inspectors as the interest of public safety and their duties require. 110.075(6) The secretary shall set standards and adopt rules to establish a plan of inspection to implement the inspection program provided by this section. Nothing in this section shall permit the department to promulgate any rule under which the provisions of 49 CFR 393 and 396 are applicable to, or enforceable with respect 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), and the vehicle combination is operated solely in intrastate commerce. 194.43 Private motor carriers; regulation by department. The department may regulate the operations of private motor carriers, including the power to designate from time to time the public highways over which private motor carrier vehicles may or may not be operated and to designate the time that such vehicles may or may not be operated thereon so as to prevent congestion which shall affect the safety of persons and property upon such public highways; to require the display of satisfactory evidence that such vehicle is not being used for common or contract motor carrier purposes; and to prescribe reasonable and necessary rules and regulations for the safety of operation of private motor carriers.
343.02(1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary. Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 31301 to 31317 and the regulations adopted under that act. 343.06(2) The department shall not issue a commercial driver license, including a renewal or reinstated license, to any person, or reinstate a person's authorization to operate a commercial motor vehicle, during any period of disqualification under s. 343.315 or 49 CFR 383.51, under the law of another jurisdiction disqualifying a person from operating a commercial motor vehicle under circumstances similar to those specified in s. 343.315 or 49 CFR 383.51, or under a determination by the federal motor carrier safety administration that the person is no longer qualified to operate a commercial motor vehicle under 49 CFR 391, or to any person whose operating privilege is revoked, suspended, or canceled. Any person who is known to the department to be subject to disqualification as described in s. 343.44 (1) (d) shall be disqualified by the department as provided in s. 343.315. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
400 hours
6. List with description of all entities that may be affected by the proposed rule:
Wisconsin-based motor carriers and enforcement will be affected by this rule change. Some of these findings by the FMCSA review are substantial and will have an effect on Wisconsin-based motor carriers, particularly intrastate carriers whose entire operations are within this state.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The changes proposed will conform to any federal regulations that exist in Title 49, Code of Federal Regulations, and to resolve the incompatibilities noted by FMCSA following its review of this state’s laws and regulations. This rulemaking also proposes several additional changes that did not originate from the FMCSA review.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
There has been no analysis to determine the effect on small business as the majority of the rule changes in this proposal will not impact them in a significant way. The Department anticipates the clarifications made to the rule will make the state requirements easier to understand, and therefore, result in better compliance.
Agency Contact Person:
Captain Brian Ausloos
State of Wisconsin Department of Transportation
Division of State Patrol
4822 Madison Yards Way 9th floor
Madison, Wisconsin 53705
Phone: 608-709-0070
