Wisconsin Legislature: subch. I of ch. Trans 309

Trans 309.01(1)(1) The purpose of this chapter is to prescribe minimum vehicle and medical equipment specifications for ambulances and to establish administrative procedures for implementing the ambulance inspection program under s. 341.085, Stats.

Trans 309.01 NoteNote: To be licensed as an ambulance service provider in Wisconsin, all ambulances used by the ambulance service provider must be first inspected by Wisconsin DOT per ch. Trans 309.

Trans 309.01(2)(2) This chapter applies to all ambulances in service in this state.

Trans 309.01(3)(3)

Trans 309.01(3)(a)(a) This chapter shall be construed by the department to reasonably effectuate the legislative purpose of promoting safe, efficient emergency transportation for individuals who are sick, injured and disabled.

Trans 309.01(3)(b)(b) Vehicles subject to the standards and specifications prescribed in the chapter are also subject to any other administrative rule or statute governing motor vehicle design, construction or equipment. Unless the express terms or context requires otherwise, this chapter shall be construed as supplementing rather than conflicting with other such statutes or administrative rules.

Trans 309.01(3)(c)(c) This chapter prescribes minimum standards applicable to all ambulances subject to inspection under s. 341.085, Stats. Ambulance service providers may exceed these minimum standards. Also, some ambulances may be subject to higher or more restrictive standards imposed as conditions for receiving federal assistance in connection with the acquisition of ambulance vehicles and equipment. Ambulance service providers are responsible for complying with all conditions and requirements, including those related to color and marking, contained in federal assistance grants or agreements.

Trans 309.01 HistoryHistory: Cr. Register, October, 1986, No. 370, eff. 11-1-86; am. (3) (a), Register, April, 1994, No. 460, eff. 5-1-94; am. (2), Register, February, 1999, No. 518, eff. 4-1-99; CR 22-048: am. (3) (a) Register July 2023 No. 811, eff. 8-1-23.

Trans 309.02Trans 309.02 Definitions. As used in this chapter:

Trans 309.02(1k)(1k) “Advanced emergency medical technician” has the meaning given in s. 256.01 (1k), Stats.

Trans 309.02(1m)(1m) “Ambulance” means any authorized emergency motor vehicle as defined in s. 340.01 (3), Stats., whether privately or publicly owned, which is designed, constructed or equipped to transport patients.

Trans 309.02(2)(2) “Ambulance service provider” has the meaning given in s. 256.01 (3), Stats.

Trans 309.02(3)(3) “Department” means the department of transportation.

Trans 309.02(4)(4) “Emergency medical technician” has the meaning given in s. 256.01 (6), Stats.

Trans 309.02(5)(5) “Emergency medical technician - intermediate” has the meaning given in s. 256.01 (7), Stats.

Trans 309.02(6k)(6k) “Gross axle weight rating” or “GAWR” means the maximum distributed weight that may be supported by an axle of a road vehicle.

Trans 309.02(6r)(6r) “Gross vehicle weight rating” or “GVWR” means the combination of the vehicle’s curb weight and total usable payload.

Trans 309.02(7)(7) “In-service ambulance” means an ambulance that is ready to take calls, including emergencies, transfers or standing by at a special function.

Trans 309.02(8)(8) “Inspector” means any officer or employee of the department who is authorized and assigned to conduct ambulance inspections under this chapter.

Trans 309.02(9)(9) “Medical director” means a medical director as defined in s. 256.01 (11), Stats.

Trans 309.02(9k)(9k) “OEM” means original equipment manufacturer.

Trans 309.02(9r)(9r) “Paramedic” has the meaning given in s. 256.01 (14), Stats.

Trans 309.02(10)(10) “Person” means any individual, corporation, partnership, association, the state and political subdivisions thereof and any municipal corporation.

Trans 309.02(11)(11) “Reserve ambulance” means an ambulance kept in reserve in case an in-service ambulance needs to be taken out of service for repairs.

Trans 309.02(12)(12) “Type I ambulance” means an ambulance of 10,001-pound to 14,000-pound GVWR, that is constructed on a cab chassis furnished with a modular unit ambulance body.

Trans 309.02(13)(13) “Type I-AD ambulance” means an ambulance of 14,001-pound GVWR or more that is constructed on a cab chassis with a modular ambulance body.

Trans 309.02(14)(14) “Type II ambulance” means an ambulance constructed on a van chassis.

Trans 309.02(15)(15) “Type III ambulance” means an ambulance of GVWR from 10,001 to14,000 pounds that is constructed on a cutaway van chassis with an integrated modular ambulance body.

Trans 309.02(16)(16) “Type III-AD ambulance” means an ambulance of 14,001 pound GVWR or more that is constructed on a cutaway van chassis with an integrated modular ambulance body.

Trans 309.02 HistoryHistory: Cr. Register, October, 1986, No. 370, eff. 11-1-86; r. (2), (11), renum. (3), (5), (6), (9), (10), (12), (13) and (14) to be (2), (3), (5), (6), (9), (10), (11) and (12) and am. (5), (6) and (10), r. and recr. (4), Register, April, 1994, No. 460, eff. 5-1-94; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488; renum. (1) and (7) to (12) to be (1m), (8) to (10), (12) to (14) and am. (12) and (14), cr. (1), (7) and (11), Register, February, 1999, No. 518, eff. 4-1-99; corrections in (1), (2), (4), (5), (6), and (9) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; 2013 Wis. Act 363: r. (1) Register May 2014 No. 701, eff. 6-1-14; CR 19-074: cr. (1k), r. and recr. (4), (5), r. (6), cr. (6k), (6r), (9k), (9r), r. and recr. (12) to (14), cr. (15), (16) Register October 2020 No. 778, eff. 11-1-20; correction in (12), (15), (16) made under s. 35.17, Stats., Register October 2020 No. 778.

Trans 309.03Trans 309.03 Inspections and enforcement.

Trans 309.03(1)(1) No person may use any motor vehicle for the purpose of providing ambulance services unless the vehicle has been inspected and approved by the department for use as an ambulance in this state. Except as otherwise provided, each ambulance shall be inspected at least biennially to the satisfaction of the inspector to ensure that the ambulance meets the minimum standards applicable to that vehicle under subchs. I, II and III. Whenever the ambulance service provider upgrades to a higher level of provider service, the service provider shall notify the inspector. When a reserve ambulance is put into in-service ambulance status, it shall meet all requirements of this chapter.

Trans 309.03(1g)(1g) Ambulance service providers based out of state but operating in Wisconsin shall have their home state’s most current inspection on file with the department and shall comply with all Wisconsin motor vehicle legal requirements including ch. Trans 305, ch. 347, Stats., and this chapter, except for inspection by the department under sub. (1).

Trans 309.03(1m)(1m) Sub. (1) does not prevent the inspector from doing spot inspections to check for compliance with this chapter.

Trans 309.03(1r)(1r) Whenever the department receives a complaint about a service provider alleging non-compliance with this chapter, the inspector shall investigate and, where appropriate, inspect the provider’s ambulances.

Trans 309.03(2)(2) The ambulance service provider shall present the vehicle for inspection when notified by the department and shall cooperate with the inspector. Whenever possible, the department shall perform the inspections at the ambulance service provider’s place of business or other site convenient to the ambulance service provider’s base of operation. The inspector shall conduct the inspection in a manner that will not interfere with the provision of ambulance service.

Trans 309.03(3)(3)

Trans 309.03(3)(a)(a) Except as provided in sub. (4), if upon inspection a vehicle is found to be unsafe or improperly constructed or equipped for use as an ambulance, or if the ambulance service provider’s license has been revoked, the inspector shall attach an “OUT OF SERVICE” sticker to the glass in the rear door of the vehicle. A vehicle may not be put in service as an ambulance while the sticker is so displayed. Except as provided in par. (b), the “OUT OF SERVICE” sticker displayed shall be reinspected by and shall have the sticker removed after passing reinspection by an employee of the division of state patrol or authorized agent of the service provider at the direction of the division of state patrol employee prior to reuse as an ambulance. The “OUT OF SERVICE” sticker shall not be removed until the deficiencies noted on the inspection report have been corrected, or the ambulance provider’s license has been reinstated.

Trans 309.03(3)(b)(b)

Trans 309.03(3)(b)1.1. If a vehicle that has been declared “out of service” and is no longer able to serve as an ambulance, the owner or lessee of the vehicle shall remove the “OUT OF SERVICE” sticker and all special ambulance markings and features from the vehicle, including all of the following:

Trans 309.03(3)(b)1.a.a. The warning, flood lights and siren unless the vehicle is being converted for use as another kind of authorized emergency vehicle. The current owner or lessee must physically remove all lighting equipment required by s. Trans 309.15 (2), the siren and public address equipment required by s. Trans 309.17 and all lettering and markings required by s. Trans 309.19. The current owner or lessee must also remove all equipment required in subch. III. Ambulance lighting shall be brought into compliance with vehicle general lighting requirements in ch. 347, Stats. and ch. Trans 305.

Trans 309.03(3)(b)1.b.b. Any lettering identifying the vehicle as an ambulance.

Trans 309.03(3)(b)1.c.c. All equipment required in subch. III.

Trans 309.03(3)(b)2.2. The owner or lessee of the vehicle is not required to obtain approval from the department but shall notify the department when he or she proceeds under this paragraph.

Trans 309.03(4)(4) If upon inspection a vehicle is found defective or deficient but, in the judgment of the inspector, may nevertheless be operated as an ambulance without seriously affecting the safe transportation of individuals who are sick, injured, or disabled or the general public, the inspector shall note the deficiency on the ambulance inspection report and shall specify the time, not to exceed 30 days, in which the ambulance service provider is required to correct the defect or deficiency. The inspector may require proof of correction of the defect or deficiency in writing. If the defect or deficiency is not corrected within the time allowed, the vehicle may not be used as an ambulance.

Trans 309.03(5)(5) A vehicle being used as an ambulance shall immediately be rendered out of service and the service provider may be assessed a monetary penalty if, upon inspection, the ambulance is found to have any of the following, and sub. (4) does not apply:

Trans 309.03(5)(a)(a) A malfunctioning brake system.

Trans 309.03(5)(b)(b) A faulty exhaust system.

Trans 309.03(5)(c)(c) A faulty battery system.

Trans 309.03(5)(d)(d) A malfunctioning fuel system.

Trans 309.03(5)(e)(e) An inadequate on-board oxygen system.

Trans 309.03(5)(f)(f) An unsafe structure.

Trans 309.03(5)(g)(g) Unsafe tires.

Trans 309.03(5)(h)(h) Ten or more minor violations which, in the opinion of the inspector, shows a lack of effort on the part of the service provider to stay in compliance with this chapter.

Trans 309.03(5)(i)(i) Repeat violations from the previous inspection report with no maintenance history or documentation that the problem had been corrected.

Trans 309.03(5)(j)(j) A malfunctioning or inadequate environmental climatic control system.

Trans 309.03(5)(k)(k) A malfunctioning or inadequate cot or cot securement system.

Trans 309.03(5)(m)(m) Inoperative complete front, side or rear emergency lighting.