Chapter Trans 112

Trans 112.03 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (2) and (3) (d), Register, October, 1991, No. 430, eff. 11-1-91; am. (3) (c), Register, November, 1993, No. 455, eff. 12-1-93; r. and recr. (2), am. (7), Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (6), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.04 Trans 112.04 Information to be considered in licensing actions. The review boards when making recommendations, and the department when taking licensing action under this chapter, may consider the following information:

Trans 112.04(1) (1) Any medical condition affecting the person including, but not limited to:

Trans 112.04(1)(a) (a) History of illness.

Trans 112.04(1)(b) (b) Severity of symptoms, complications and prognosis.

Trans 112.04(1)(c) (c) Treatment and medications, including effects and side effects, and the person’s knowledge and use of medications.

Trans 112.04(1)(d) (d) Results of medical tests and reports of laboratory findings.

Trans 112.04(1)(e) (e) Physician’s or APNP’s medical report.

Trans 112.04(1)(f) (f) Physician’s or APNP’s recommendations with regard to functional impairment.

Trans 112.04(1)(g) (g) Physician’s or APNP’s identification of risk factors.

Trans 112.04(2) (2) Reports of driver condition or behavior.

Trans 112.04(3) (3) The results of a department screening of a person’s vision or hearing.

Trans 112.04(4) (4) The results of any examinations of the person to test knowledge of traffic laws, road signs, rules of the road, vehicle equipment and safe driving practices, and driving ability.

Trans 112.04(5) (5) Group dynamics or traffic safety school reports.

Trans 112.04(6) (6) Alcohol or drug assessment reports by an agency under s. 51.42, Stats.

Trans 112.04(7) (7) Traffic accidents that may have been caused in whole or in part by a medical condition specified in this chapter.

Trans 112.04(8) (8) Vision specialist’s reports.

Trans 112.04(9) (9) A person’s failure to provide requested information to the department.

Trans 112.04 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (intro.), (1) (b), r. (1) (c), renum. (1) (d) to (h) to be (1) (c) to (g), Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (1) (e) to (g), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.045 Trans 112.045 All medical conditions. No person may be issued, renew, or hold any classification of operators license or endorsement if a medical report shows any of the following:

Trans 112.045(1) (1) Effects or side effects of medication interfere with safe driving, unless the physician or APNP indicates the situation is temporary and not likely to recur.

Trans 112.045(2) (2) Complications of a condition interfere with safe driving as assessed by a physician or APNP or as determined by a driving evaluation.

Trans 112.045(3) (3) The person is not reliable in following a prescribed treatment program to the extent that noncompliance could affect the person’s ability to drive safely.

Trans 112.045(4) (4) There is medical evidence that the person uses alcohol or other drugs to an extent that it has an adverse effect on a medical condition or interferes with treatment for the condition.

Trans 112.045(5) (5) There is medical evidence of a condition that is likely to be accompanied by a syncope or collapse or which otherwise may interfere with safe driving.

Trans 112.045 History History: Cr. Register, June, 1996, No. 487, eff. 7-1-96; CR 06-099; am. (1) and (2), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.05 Trans 112.05 Alcohol or other drug use.

Trans 112.05(1) (1) With respect to a person’s chemical use, the review boards when making recommendations, and the department when taking licensing action, may consider all information available on the degree of the person’s chemical use.

Trans 112.05(2) (2) The department may require information on a person’s functional ability including, but not limited to, the following:

Trans 112.05(2)(a) (a) Medical assessment of the person, driver safety plan, driver safety plan final reports concerning the person, or any combination of these information categories, including the following:

Trans 112.05(2)(a)1. 1. Hospitalization of the person for chemical abuse or dependency.

Trans 112.05(2)(a)2. 2. Outpatient treatment of the person for chemical abuse or dependency.

Trans 112.05(2)(a)3. 3. Participation by the person in self-help groups for chemical abuse or dependency.

Trans 112.05(2)(a)4. 4. Use of control agents, such as antabuse or methadone by the person.

Trans 112.05(2)(a)5. 5. Physician or APNP treatment of the person for chemical abuse or dependency.

Trans 112.05(2)(b) (b) The person’s driving record, including reports of any of the following:

Trans 112.05(2)(b)1. 1. Accidents involving chemical use.

Trans 112.05(2)(b)2. 2. Traffic convictions involving chemical use.

Trans 112.05(2)(c) (c) Review board recommendations, if any.

Trans 112.05(2)(d) (d) Information from other sources about the person’s physical and mental health, as affected by chemical use, and any medical problems that may interfere with the person’s reasonable and ordinary control over a motor vehicle.

Trans 112.05(3) (3) 

Trans 112.05(3)(a) (a) A conviction for operating while intoxicated in this section means being convicted of a violation of s. 346.63 (1) or (2), Stats., or a local ordinance in conformity therewith, or convictions under the law of another jurisdiction that is in substantial conformity with 49 CFR 383.51 (b) (2) (i) or (ii), or both, or that prohibits refusal of chemical testing or use of a motor vehicle while intoxicated or while under the influence of a controlled substance, or a combination thereof, or with an excess of a specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving as those or substantially similar terms are used in that jurisdiction, refusals under s. 343.305 (9), Stats., or revocations under s. 343.305 (10), Stats.

Trans 112.05(3)(b) (b) No person may be issued, renew, or hold a school bus or passenger endorsement if a medical report, assessment or driving record for the person shows:

Trans 112.05(3)(b)1. 1. Any operating while intoxicated convictions within the past 2 years.

Trans 112.05(3)(b)2. 2. Two operating while intoxicated convictions within the past 3 years.

Trans 112.05(3)(b)3. 3. Three or more operating while intoxicated convictions within the past 5 years.

Trans 112.05(3)(b)4. 4. The person has evidenced any chemical abuse or dependency within the past year.

Trans 112.05(3)(b)5. 5. The person has evidenced any chemical abuse or dependency within the past 2 years, that is not controlled by treatment.

Trans 112.05(3)(bm) (bm) For purposes of determining eligibility for a passenger endorsement under par. (b) 1. to 3., the department shall not count violations committed prior to April 1, 1992.

Trans 112.05(3)(c) (c) No person may hold any classification of operator’s license if the person is diagnosed as suffering from uncontrolled chemical abuse or dependency, as assessed by a physician, APNP or approved public treatment facility.

Trans 112.05 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (3) (b) 4., r. (3) (b) 5., Register, October, 1991, No. 430, eff. 11-1-91; emerg. cr. (3) (bm), eff. 2-20-92; cr. (3) (bm), Register, June, 1992, No. 438, eff. 7-1-92; r. (2) (b), renum. (2) (c) to (e) to be (2) (b) to (d); am. (3) (b) 4., cr. (3) (b) 5., Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (2) (a) 5. and (3) (c), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.06 Trans 112.06 Conditions affecting cardiovascular function.

Trans 112.06(1) (1) With respect to conditions affecting cardiovascular function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:

Trans 112.06(1)(a) (a) Coronary artery disease, including myocardial infarction.

Trans 112.06(1)(b) (b) Congestive heart disease.

Trans 112.06(1)(c) (c) Valvular disease or replacement valves.

Trans 112.06(1)(d) (d) Congenital heart disease.

Trans 112.06(1)(e) (e) Cardiomyopathy.

Trans 112.06(1)(f) (f) Pericardial disease.

Trans 112.06(1)(g) (g) Myocarditis.

Trans 112.06(1)(h) (h) Corpulmonale.

Trans 112.06(1)(i) (i) Conduction difficulties.

Trans 112.06(1)(j) (j) Arrhythmias.

Trans 112.06(1)(k) (k) Aortic or arterial occlusion or aneurysm.

Trans 112.06(1)(L) (L) Impairment of peripheral circulation.

Trans 112.06(2) (2) The department may require a person to provide information on the person’s functional ability including, but not limited to, the following:

Trans 112.06(2)(a) (a) Hypertension.

Trans 112.06(2)(b) (b) Orthostatic hypotension.

Trans 112.06(2)(c) (c) Presence of pain and its frequency, location, duration and intensity.

Trans 112.06(2)(d) (d) Syncope or presyncopal sensations.

Trans 112.06(2)(e) (e) Procedures which correct a cardiovascular condition and which temporarily impair functional ability, including surgical procedures such as a coronary artery bypass graft.

Trans 112.06(2)(f) (f) Pacemaker function.

Trans 112.06(2)(g) (g) Implanted defibrillator function.

Trans 112.06(2)(h) (h) Results of procedures such as an electrocardiogram, stress test with thallium scan, angiography, multigated acquisition scan, echocardiogram, or electrophysiologic studies.

Trans 112.06(2)(i) (i) Cardiac drug use, including rhythm control drugs, antianginal agents, cardiac glycosides, antihypertensive medication and side effects of these medications.

Trans 112.06(2)(j) (j) Cardiac transplantation.

Trans 112.06(3) (3) 

Trans 112.06(3)(a) (a) Licensing standards. No endorsement or license may be issued to, renewed by, or held by a person who does not meet the applicable medical review standards for conditions affecting cardiovascular function of this subsection.

Trans 112.06(3)(b) (b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the following cardiovascular criteria:

Trans 112.06(3)(b)1. 1. The person shows no evidence of exercise-induced ischemia, arrhythmias or hypotension as evidenced by appropriate cardiac testing which has been prescribed and reviewed by a physician or APNP.

Trans 112.06(3)(b)2. 2. Any valvular disease is asymptomatic with no significant ventricular dysfunction.

Trans 112.06(3)(b)4. 4. There are no syncopal or presyncopal sensations.

Trans 112.06(3)(b)5. 5. There is no symptomatic angina pectoris.

Trans 112.06(3)(b)6. 6. There is no documented ventricular tachycardia, severe bradycardia, or high-grade heart block which is unable to be successfully treated.

Trans 112.06(3)(b)7. 7. Any cardiac incident, such as myocardial infarction, occurred more than 6 months preceding any application or renewal unless a cardiac specialist specifically recommends operation of a commercial vehicle and the person has fully recovered.

Trans 112.06(3)(b)8. 8. There is no evidence of congestive heart failure.

Trans 112.06(3)(b)9. 9. There is no automatic implantable cardioverter defibrillator.

Trans 112.06(3)(c) (c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of operator’s license shall meet all of the following cardiovascular function criteria:

Trans 112.06(3)(c)1. 1. There are no current symptoms of coronary artery disease, such as unstable angina, dyspnea, or pain at rest, which interfere with safe driving, as assessed by a physician or APNP.