Chapter Trans 112

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 112.01 Trans 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 Note Note: 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 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 04-117: am. Register April 2005 No. 592, eff. 5-1-05.

Trans 112.02 Trans 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(3) (3) “Chemical” means alcohol, a drug as defined in s. 450.01 (10), Stats., or a controlled substance as defined in s. 961.01 (4), 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 Note Note: 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(18) (18) “Review board” means a medical board established under s. 343.16 (5) (b), Stats.

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(22) (22) “Vision specialist” means a person who practices optometry as defined by s. 449.01 (1), Stats., or a physician as defined by s. 448.01 (5), Stats.

Trans 112.02 History History: 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 Trans 112.03 Medical review standards.

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 Note Note: See s. Trans 327.09 (2) (b). “K” restrictions limit operation to non-interstate commerce and are described in detail in s. 343.17 (3) (e) 1m., Stats.

Trans 112.03(2)(b) (b) The commercial driver license is subject to a restriction that permits only those types of commercial motor vehicle operation for which drivers are exempt from the requirement of complying with 49 CFR part 391 under s. Trans 327.09 (1), 49 CFR 390.3 (f), or 49 CFR 391.2.

Trans 112.03 Note Note: 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) (3) Medical review standards for school bus endorsements.