Chapter Trans 112
MEDICAL STANDARDS FOR DRIVER LICENSING AND GENERAL STANDARDS FOR SCHOOL BUS ENDORSEMENTS
Trans 112.01 Purpose and scope. Trans 112.02 Definitions. Trans 112.03 Medical review standards. Trans 112.04 Information to be considered in licensing actions. Trans 112.045 All medical conditions. Trans 112.05 Alcohol or other drug use. Trans 112.06 Conditions affecting cardiovascular function. Trans 112.07 Conditions affecting cerebrovascular function. Trans 112.08 Conditions affecting endocrine function. Trans 112.10 Conditions affecting neurological or neuromuscular function. Trans 112.12 Conditions affecting psychosocial, mental or emotional function. Trans 112.13 Conditions affecting respiratory function. Trans 112.14 Conditions affecting sensory function. Trans 112.15 Non-medical requirements for school bus drivers. Trans 112.155 Condition of employment for school bus drivers. Trans 112.16 License restrictions. Trans 112.17 Periodic reports. Trans 112.18 Driving evaluation. Trans 112.19 Notice of departmental licensing actions. Trans 112.20 Review boards. Trans 112.01Trans 112.01 Purpose and scope. The purpose of this chapter is to establish the department’s administrative interpretation of the provisions of ch. 343, Stats., that relate to the issuance of motor vehicle operator licenses to persons who have a medical condition that may affect their ability to exercise reasonable control over a motor vehicle. This chapter specifies by licensing category the functional ability levels necessary to exercise reasonable control of a motor vehicle for all persons applying for or holding any operator’s license. This chapter also establishes non-medical requirements that relate to issuance of a school bus endorsement. Trans 112.01 NoteNote: Forms used in this chapter are MV3030B Medical Examination Report for Commercial Driver Licensing Endorsements, MV3030V Certificate of Vision Examination by Competent Authority, and MV 3644 Medical Examination Report. A sample copy of these forms may be obtained, free of charge, from the Wisconsin Department of Transportation, Bureau of Driver Services, P. O. Box 7918, Madison, WI 53707-7918. See ss. 343.06, 343.12, 343.13, 343.135, 343.14 and 343.16, Stats. Trans 112.01 HistoryHistory: Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 04-117: am. Register April 2005 No. 592, eff. 5-1-05. Trans 112.02Trans 112.02 Definitions. The words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter: Trans 112.02(1)(1) “Advanced practice nurse prescriber” or “APNP” means an advanced practice nurse who is certified under s. 441.16 (2), Stats., to issue prescription orders. Trans 112.02(1g)(1g) “Altered consciousness” means a state of awareness characterized by loss or distortion of the impressions made by the senses or inability to respond to the impressions made by the senses. Trans 112.02(1m)(1m) “Another jurisdiction” means any state other than Wisconsin and includes the District of Columbia, the commonwealth of Puerto Rico and any territory or possession of the United States, any federal military installation located within the territorial boundaries of Wisconsin and any province of the Dominion of Canada. Trans 112.02(2)(2) “Assessment” means an examination of a person’s use of chemicals and development of a driver safety plan for the person by an approved public treatment facility as defined by s. 51.45 (2) (c), Stats. Trans 112.02(4)(4) “Cognitive skill” means the ability to think, perceive and remember. Trans 112.02(6)(6) “Corrective lens” means an ophthalmic lens, whether an eyeglass or a contact lens, that corrects the refraction error or other optically correctable deficiency of the eye, except bioptic telescopic lenses. Trans 112.02(7)(7) “Driving evaluation” is a test conducted to determine if a person adequately compensates for the person’s medical, mental or physical condition or functional impairment. Trans 112.02(8)(8) “Episode” means any incident or segment of time involving altered consciousness or loss of bodily control. Trans 112.02(9)(9) “Field of vision” means the entire horizontal, temporal plane a person has for each eye without shifting the gaze. Trans 112.02(10)(10) “Functional ability” means the degree of cognitive, mental or emotional, sensorimotor and sensory capability in performing activities of daily living, including safely performing the tasks of driving. Trans 112.02(11)(11) “Licensing action” means any action by the department involving the denial, cancellation, restriction, or issuance of a license or endorsement under this chapter. Trans 112.02(12)(12) “Loss of bodily control” means involuntary movements of the body characterized by muscle spasms or muscle rigidity, or loss of muscle tone or muscle movement. Trans 112.02(13)(13) “Medical condition” means any physical, mental or emotional condition which affects a person’s health for which a person is receiving medical treatment, or for which medical treatment is usually prescribed. Trans 112.02(14)(14) “Mental or emotional function” includes interaction and communication skills, adaptive behavior or coping capacity, and orientation. Trans 112.02(15)(15) “Physical disability” means any physical limitation interfering with the ability to perform the normal tasks associated with operating a motor vehicle. Trans 112.02(16)(16) “Physician” means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board. Trans 112.02 NoteNote: This definition of “Physician” is intended to be consistent with the statutory definition appearing at s. 448.01 (5), Stats. Trans 112.02(17)(17) “Proof of physical fitness” means a certificate of physical examination executed by a person authorized to execute certificates of physical examination under 49 CFR 391.43 which provides that the person being examined meets the physical qualifications for drivers of 49 CFR 391.41, or a medical examination report for “S” or “P” endorsements. Trans 112.02(19)(19) “Sensorimotor skills” means reflexes and reaction time, coordination, depth perception, manipulation, range of motion and general mobility. Trans 112.02(20)(20) “Sensory function” means vision, hearing, touch, smell and vibration sense. Trans 112.02(21)(21) “Vehicle classification” or “vehicle class” means the designation for a type of motor vehicle as defined in s. 343.04, Stats. Trans 112.02 HistoryHistory: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (17), Register, November, 1993, No. 455, eff. 12-1-93; r. (5), (15), am. (6), renum. (16) to be (15), cr. (16), Register, June, 1996, No. 486, eff. 7-1-96; CR 04-117: cr. (1m) Register April 2005 No. 592, eff. 5-1-05; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2005 No. 592; CR 06-099: renum. (1) to be (1g), cr. (1), Register June 2007 No. 618, eff. 7-1-07. Trans 112.03(1)(1) Unrestricted commercial driver licenses. No person shall be issued an unrestricted commercial driver license unless the person complies with all the driver qualifications specified in 49 CFR 391.41, and presents a medical certificate of physical examination as required by 49 CFR 391.43 at the time of application. Trans 112.03(2)(2) Restricted commercial driver licenses. The department may not issue a commercial driver license to a driver who does not meet the physical qualifications of drivers’ standards under 49 CFR 391.41 or who does not present a medical certificate of examination required under 49 CFR 391.43 unless one of the following applies: Trans 112.03(2)(a)(a) The commercial driver license is subject to a “K” restriction, the driver held a commercial driver license on or before July 28, 1996, and the license has not been revoked on or after July 29, 1996. Trans 112.03 NoteNote: This provision allows the Department to issue CDLs without requiring federal medical cards of persons employed by government units, or as school bus drivers, apiarian industry seasonal drivers, custom harvester drivers and certain farm vehicle drivers. Licenses issued under this provision are restricted to permit only that commercial vehicle operation which may be legally conducted without a federal medical card.
Trans 112.03(3)(a)(a) Original applications. No person may be issued a school bus endorsement unless the person files proof of physical fitness as part of the person’s application for school bus endorsement. Trans 112.03(3)(b)(b) Renewal applications. No person may renew a school bus endorsement unless the person files proof of physical fitness. The department shall provide a person with notice by mail to the person’s last known address that the person must file proof of physical fitness and apply for a renewal license not less than 30 days prior to the date upon which the person’s license expires. The department shall not renew the school bus endorsement of any person who fails to provide the required proof of medical fitness within the time required by the notice. Trans 112.03(3)(c)(c) Biennial proof of physical fitness. All persons holding school bus endorsements shall provide proof of physical fitness to the department every 2 years, except that persons age 70 years or older shall provide proof of physical fitness annually. The department may require persons to submit proof of physical fitness before 2 years to coordinate the license renewal cycle following an initial issuance or a reinstated “S” endorsement. The department shall provide a person holding a school bus endorsement with at least 30 days notice by mail to the person’s last known address that the person must file proof of physical fitness. The department shall cancel the school bus endorsement of any person who fails to provide the required proof of physical fitness within the time period required by the notice. Trans 112.03(3)(d)(d) Exceptions. The department may issue a passenger endorsement to a person who does not meet all of the medical review standards for passenger or school bus endorsement, but the person’s license shall be subject to a “K” restriction and restricted to prohibit transporting more than 2 passengers in a commercial motor vehicle. Trans 112.03(4)(4) No person may be issued or renew a passenger endorsement unless the person provides a health history to the department on the form required. Trans 112.03 NoteNote: The health history shall be provided on form MV3030B. Only the applicant’s portion of the form need be completed for purposes of a passenger endorsement application.
Trans 112.03(5)(5) Medical review standards for operator licenses. Whenever the department learns that a person applying for, renewing, or holding any classification of operator’s license has a progressive, recurring or debilitating medical condition which may affect safe driving, the department may require the person to provide the department with medical information about the person’s medical condition. The department shall review the medical information using the standards specified in this chapter. Trans 112.03(6)(6) Evaluation. A license issued to a person under this chapter may be restricted on the basis of a recommendation of a physician, a vision specialist, an APNP, a review board, or on the results of a driving examination or evaluation. Trans 112.03(7)(7) Reporting. Persons holding a valid license with a school bus or passenger endorsement shall report to the department any medical condition identified in this chapter that is new or that has changed significantly since previously reported. Trans 112.03 HistoryHistory: 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 112.04Trans 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:
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