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
