Effect: The Department anticipates increased shipping or driver labor costs for businesses that previously declared emergencies that were not also declared emergencies by qualifying state or federal officials, although the Department cannot quantify this cost increase.
Wisconsin’s exemption in s. Trans 327.09 of intrastate drivers holding a Wisconsin CDL issued prior to July 29, 1996, from the driver qualification requirements contained in 49 CFR 391, is not compatible with the FMCSRs. Effect: It is likely that some drivers will be ineligible to retain their CDLs; the minimum age of affected drivers is 44 years of age. However, the number of affected drivers is unknown. Small business motor carriers may be required to hire and train new drivers if the motor carrier currently has drivers who may not be able to meet the medical standards as described in 49 CFR 391 or the current medical requirements found in ch. Trans 112, and are currently operating under the exemption.
Proposed rule’s effect on small businesses: The proposed rule will benefit small business by providing drivers who are more experienced and medically certified. If a CMV driver is not experienced or medically certified, they are at a greater risk to be in a crash. If a crash occurs it can cost a carrier by increased insurance costs and be at risk to be sued if a CMV driver is at fault. If a motor carrier is using drivers who are not medically certified, they will need to recruit and train new drivers. This recruiting and training of new drivers will cost the motor carrier time and resources.
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:
Captain Karl Mittelstadt
State of Wisconsin Department of Transportation
Division of State Patrol
4822 Madison Yards Way
Madison, Wisconsin 53705
608-215-2804
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 112.03 (2) (a) (Note) is amended to read:
Trans 112.03 (2) (a) (Note) See s. Trans 327.09 (2) (b) 327.03 (2) (a) 1r. “K" restrictions limit operation to non-interstate commerce and are described in detail in s. 343.17 (3) (e) 1m., Stats. Section 2. Trans 327 (title) is amended to read:
Trans 327 (title) Motor Carrier Safety – Intrastate
Section 3. Trans 327.01 (2) is repealed.
Section 4. Trans 327.03 (2) (a) 1. is amended to read:
Trans 327.03 (2) (a) 1. 391.11(b)(1), and 391.41(b)(3) if, in the alternative a driver with diabetes controlled by insulin obtains statements from 2 licensed physicians indicating, on a form provided by the department of transportation, that the diabetes is not likely to cause loss of ability to control or operate a motor vehicle.
Section 5. Trans 327.03 (2) (a) 1g. and (Note) and 1r. are created to read:
Trans 327.03 (2) (a) 1g. This paragraph applies only to the operation of a commercial motor vehicle as defined in s. 340.01 (8), Stats. (Note) Adoption of 49 CFR 391 only applies to state-defined commercial motor vehicles. 1r. 49 CFR 391.41. The exception under this subdivision applies only to any driver who met state medical qualifications and was issued a valid Wisconsin commercial driver’s license prior to July 29, 1996, that has never been revoked, and who continues to meet state medical requirements as found in ch. Trans 112. The exception in this subdivision does not apply on or after the first day of the 103rd month beginning after the effective date of this subdivision [LRB inserts date], nor to any driver who renews a Wisconsin commercial driver’s license, upgrades or downgrades their license classification, or adds an endorsement described in s. 343.03 (2), Stats. on or after the first day of the 2nd month beginning after the effective date of this subdivision [LRB inserts date], whichever occurs first. Section 6. Trans 327.03 (7) and (Note) are amended to read:
Trans 327.03 (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, Standard Out-of-Service Criteria, except that s. Trans 327.03 (10) shall be used to determine the maximum number of hours allowed to drive after coming on duty. (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. Copies may be obtained by writing to the Division of State Patrol, P. O. Box 7912, Madison, WI 53707-7912, or A copy may be requested from to the Commercial Vehicle Safety Alliance, 1101 17th Street, NW, Suite 803, Washington, DC 20036, or by calling 202-775-1623 301-830-6143. You may also request copies via their website at www.cvsa.org.
Section 7. Trans 327.03 (10) is repealed and recreated to read:
Trans 327.03 (10) (a) Title 49, Code of Federal Regulations, part 395, hours of service of drivers, except as follows:
1. Title 49, Code of Federal Regulations, 395.3 (a) (2) and (3) are not adopted.
2. Title 49, Code of Federal Regulations, 395.3 (b) is not adopted.
3. Title 49, Code of Federal Regulations, 395.8 (a) (1) (i) through (iv) does not apply to operation on or before the last day of the 12th month beginning after the effective date of this subdivision [LRB inserts date].
(b) No driver may drive a property-carrying vehicle for:
1. More than 12 hours following 10 consecutive hours off duty.
2. Any period after having been on duty for 16 hours following 10 consecutive hours off duty.
3. After having been on duty for 70 hours in any period of 7 consecutive days.
4. After having been on duty for 80 hours in any period of 8 consecutive days.
Section 8. Trans 327.05 is repealed.
Section 9. Trans 327.07 (1) and (2) are amended to read:
Section 10. Trans 327.09 (1) is amended to read:
Trans 327.09 (1) The provisions of s. Trans 327.03 do not apply to a driver or of a school bus when the school bus is being used for authorized educational or extracurricular or charter school-related activities. Section 11. Trans 327.09 (1) (Note) is created to read:
Trans 327.09 (1) (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.
Section 12. Trans 327.09 (2) is repealed.
Section 13. Trans 327.09 (4) (intro.) and (b) are amended to read:
(b) Drivers who operate motor vehicles which have a manufacturers' gross vehicle weight rating equal to or less than 26,000 pounds that are not defined as a commercial motor vehicle in s. 340.01 (8), Stats.
Section 14. Trans 327.09 (5) and (6) are repealed.
Section 15. Trans 327.13 (Note) is amended to read:
Section 16. Trans 327.14 (6) (a) (intro.) is amended to read:
