Register April 2009 No. 640
Chapter Trans 326
MOTOR CARRIER SAFETY REQUIREMENTS FOR
TRANSPORTATION OF HAZARDOUS MATERIALS
Trans 326.01 Federal rules adopted.
Trans 326.05 Enforcement.
Trans 326.09 Demerit points not applicable.
Trans 326.15 Copies of rules.
Ch. Trans 326 Note
Note: Chapter
Trans 326 was created as an emergency rule effective 4-4-85.
Trans 326.01
Trans 326.01 Federal rules adopted. The following federal motor carrier safety regulations adopted by the United States department of transportation are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these federal rules apply in the same manner as though the regulations were set out in full in this chapter:
Trans 326.01(1)
(1) Title 49, Code of Federal Regulations, part 107, hazardous materials program procedures.
Trans 326.01(2)
(2) Title 49, Code of Federal Regulations, part 171, hazardous materials regulations.
Trans 326.01(3)
(3) Title 49, Code of Federal Regulations, part 172, hazardous materials tables and hazardous materials communications regulations.
Trans 326.01(4)
(4) Title 49, Code of Federal Regulations, part 173, general requirements for shipments and packagings.
Trans 326.01(5)
(5) Title 49, Code of Federal Regulations, part 177, carriage by public highway.
Trans 326.01(6)
(6) Title 49, Code of Federal Regulations, part 178, shipping container specifications.
Trans 326.01(7)
(7) Title 49, Code of Federal Regulations, part 180, qualification and maintenance of cargo tanks.
Trans 326.01(7m)
(7m) Title 49, Code of Federal Regulations, part 385, subpart E, hazardous materials safety permits.
Trans 326.01(8)
(8) 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.
Trans 326.01 Note
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 to the Commercial Vehicle Safety Alliance, 1101 17th Street, NW, Suite 803, Washington, DC 20036, or by calling 202-775-1623. You may also request copies via their website at
www.cvsa.org.
Trans 326.01 History
History: Cr.
Register, December, 1985, No. 360, eff. 1-1-86; am. (intro.),
Register, September, 1988, No. 393, eff. 10-1-88; am.
Register, April, 1993, No. 448, eff. 5-1-93; am. (intro.), cr. (7),
Register, June, 1994, No. 462, eff. 7-1-94; am. (intro.),
Register, December, 1995, No. 480, eff. 1-1-96; am. (intro.),
Register, January, 1997, No. 493, eff. 2-1-97; am. (intro.), cr. (8),
Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.) and (8),
Register, August, 2000, No. 536, eff. 9-1-00;
CR 02-003: am. (intro.) and (8)
Register June 2002 No. 558, eff. 7-1-02;
CR 03-060: am. (intro.) and (8)
Register December 2003 No. 576, eff. 1-4-04;
CR 06-003: am. (intro.) and (8)
Register May 2006 No. 605, eff. 6-1-06;
EmR0833: emerg. am. (intro.) and (8), cr. (7m), eff. 11-5-08; CR 08-100: am. (intro.) and (8), cr. (7m) Register April 2009 No. 640, eff. 5-1-09.
Trans 326.05 History
History: Cr.
Register, December, 1985, No. 360, eff. 1-1-86.
Trans 326.07(1)
(1) The provisions of
s. Trans 326.01 (6) do not apply to cargo tanks and portable tanks used in intrastate commerce and placed in operation prior to January 1, 1986.
Trans 326.07(2)
(2) The provisions of
s. Trans 326.01 (4),
(6) and
(7) do not apply to a nonspecification, nonbulk metal tank permanently secured to a transport vehicle and protected against leakage or damage in the event of a turnover, having a capacity of less than 119 gallons used by intrastate carriers in intrastate commerce only to transport flammable liquid petroleum products.
Trans 326.07(3)(a)(a) The provisions of
s. Trans 326.01 (3),
(4),
(6) and
(7) do not apply to the transportation of agricultural products other than class 2 materials, or compressed gases, over local roads other than the national interstate and defense highway system between fields of the same farm by a farmer who operates as an intrastate private carrier.
Trans 326.07(3)(b)
(b) The transportation of an agricultural product to or from a farm within 150 miles of the farm is excepted from the requirements in
s. Trans 326.01 (3),
49 CFR part 172 subpart G, emergency response information, subpart H, training requirements, and from the specific packaging requirements when it is transported by a farmer who is an intrastate private motor carrier and the total amount of agricultural products being transported in a single vehicle does not exceed any of the following:
Trans 326.07(3)(b)1.
1. 16,094 pounds of ammonium nitrate fertilizer properly classed as division 5.1 PG III in a bulk packaging.
Trans 326.07 History
History: Cr.
Register, December, 1985, No. 360, eff. 1-1-86; renum. Trans 326.07 to be (1), cr. (2) and (3),
Register, January, 1999, No. 517, eff. 2-1-99.
Trans 326.09
Trans 326.09 Demerit points not applicable. No demerit points may be assessed for violations of
s. Trans 326.01.
Trans 326.09 History
History: Cr.
Register, December, 1985, No. 360, eff. 1-1-86.
Trans 326.15
Trans 326.15 Copies of rules. The department shall advise carriers upon request that copies of the federal regulations cited in
s. Trans 326.01 may be obtained by contacting the division of state patrol.
Trans 326.15 History
History: Cr.
Register, December, 1985, No. 360, eff. 1-1-86;
CR 08-100: am. Register April 2009 No. 640, eff. 5-1-09.
