Trans 301.63(1)(1) A floor ramp shall be covered with nonskid material. A ramp when in the stored position shall be locked by a mechanical device to prevent its movement while the vehicle is in motion. Trans 301.63(2)(2) New, used or remanufactured buses and vans placed in operation after February 25, 1992, and used to transport persons with physical disabilities shall comply with the requirements found in 36 CFR 1192.21 and 1192.23. Trans 301.63 HistoryHistory: Cr. Register, March, 1982, No. 315, eff. 4-1-82; renum. to be (1), cr. (2), Register, April, 1997, No. 496, eff. 5-1-97; CR 22-048: am. (2) Register July 2023 No. 811, eff. 8-1-23. Trans 301.64(1)(1) Barriers shall be furnished to provide a restraint for passengers. If the vehicle is a van and has only seats with no area for wheelchairs, it is exempt from having barriers. The most forward seat behind an open area for wheelchair use and the most forward seat behind a power lift or ramp shall be protected by a barrier. This subsection does not apply to vehicles equipped with seat belts and shoulder restraints that meet 49 CFR 571.208, occupant crash protection requirements, and that are used in accordance with s. 347.48, Stats. Trans 301.64(2)(2) All inside and rear facing surfaces except the platform surface of a lift shall be padded. Barriers and stanchions shall be padded. Trans 301.64 HistoryHistory: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. Register, April, 1997, No. 496, eff. 5-1-97. Trans 301.65(1)(1) Each wheelchair shall be secured to the vehicle before the vehicle moves from the parked position with a fastening device with sufficient strength to: Trans 301.65(1)(c)(c) Prevent the chair’s wheels from leaving the floor in the event of a sudden stop or start. Trans 301.65(2)(2) The device may be either a metal locking unit that secures the wheelchair to the wall or floor or a webbing belt system that accomplishes the same purpose. Trans 301.65(4)(4) If a webbing belt system is used it shall be secured to the vehicle at not less than 2 points with bolts, nuts, and lock washers or self-locking nuts, or with a positive latching mechanism of matching interlocking units which permits the belt portion to be removed and stored. The webbing system shall be free of any tears or damage to the locking mechanism. Trans 301.65(5)(5) A webbing belt used to secure the wheelchair to the body frame may not be used to secure the passenger to the wheelchair. Trans 301.65 HistoryHistory: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. (3) and (5), Register, April, 1997, No. 496, eff. 5-1-97. Trans 301.66(1)(1) Seat frames may be equipped with a device to which belts or restraining harnesses may be attached. Trans 301.66(2)(2) Every occupant shall be secured to the wheelchair while being transported. Trans 301.66(3)(3) Vehicles manufactured and placed in operation prior to August 25, 1990, that are designed to transport wheelchairs may have aisle facing seats over the wheel housing provided they are equipped with a device to prevent a passenger from sliding off either end. A seat belt may not in itself meet this requirement. The seat shall be permanently mounted and may not fold up or down. Trans 301.66 HistoryHistory: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. (3), Register, April, 1997, No. 496, eff. 5-1-97. Trans 301.95(1)(1) Any item if covered by a standard in this chapter shall, upon replacement, be replaced with an item meeting the original standard. Any modification of an HSV shall be made to conform to federal and state regulations at the time of modification. Trans 301.95 HistoryHistory: Cr. Register, March, 1982, No. 315, eff. 4-1-82; correction in (3) made under s. 13.93 (2m) (b) 5., Stats., Register, August, 1996, No. 488; am. (1) and (2), r. (3), renum. (4) to (6) to be Trans 301.96 (3) to (5) and am., Register, April, 1997, No. 496, eff. 5-1-97. Trans 301.96(1)(1) The enforcement policy of the department shall consider the age, condition and equipment of HSVs before granting approval for their continued use. The department may not permit the use of any HSV for transportation purposes if the department finds it unsafe or unfit for service. Trans 301.96(2)(2) In construing and enforcing the provisions of this chapter, the act, omission or failure of any officer, employee, agent, servant or other person acting for or employed by the registered owner or the lessee of the HSV, whoever has control, done within the scope of employment or on behalf of the registered owner or lessee, is deemed to be the act, omission or failure of the registered owner or lessee. This subsection does not apply to violations of ch. 346, Stats. Trans 301.96(3)(a)(a) It is the responsibility of the owner or operator to have the HSV inspected annually. After notification by the owner or operator, or the authorized representative of any transportation assistance program for seniors or individuals with disabilities, that vehicles are to be inspected, the department shall attempt to inspect the vehicles, contingent on other duties, at the earliest time available. Trans 301.96(3)(b)(b) During subsequent inspection periods, the department shall attempt to perform the inspections without notification; however, the responsibility remains with the owner to have the HSV inspected. Trans 301.96(3)(c)(c) The department may arrange to inform the authorized representative of any transportation assistance program for seniors or individuals with disabilities when and if vehicles have been inspected and the results of any inspection. Trans 301.96(3)(d)(d) The department may require display of a distinctive annual inspection sticker on any HSV. No vehicle required to be inspected by s. 110.05, Stats., or this chapter, or s. DHS 105.39 may be operated on any highway unless it displays on the body of the vehicle, as close as practicable to the lower right-hand corner of the windshield, an unexpired certificate of inspection decal issued by the department. Trans 301.96(4)(4) Violations of any provision of this chapter shall be prosecuted as set forth under s. 110.05 (4), Stats. In addition to or in lieu of any other penalty provided by law, the department may refuse to register or suspend, or both, any or all registrations of persons that do not comply with this chapter, including annual inspection requirements, and may require the surrender of any registration plates. Any registration suspended under this section shall remain suspended until the person complies with this chapter and makes application for registration or re-registration and the required fee for registration is paid. Trans 301.96(5)(5) This chapter applies to all HSVs except vehicles owned by volunteers. Human services vehicles formerly in compliance as school buses may continue to meet those requirements, or may convert to meet the requirements of this chapter. In the event that the vehicle is converted from a school bus, all identification requirements of a school bus shall be removed. Upon conversion, the owner shall repaint a vehicle meeting the yellow-black color scheme to some other color. The stop arm, school bus sign and alternating flashing red lights shall be removed immediately upon conversion. Human services vehicles placed in operation in Wisconsin after May 1, 1997 shall comply with the requirements in effect at the time they are inspected as an HSV. Trans 301.96 HistoryHistory: Cr. Register, April, 1997, No. 496, eff. 5-1-97; correction in (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 22-048: am. (3) (a), (c) Register July 2023 No. 811, eff. 8-1-23.
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