Chapter Trans 320
CALCULATION OF FEES FOR SPECIAL EVENTS, SECURITY,
TRAFFIC ENFORCEMENT AND ESCORT SERVICES
Trans 320.01 Purpose and scope. Trans 320.02 Definitions. Trans 320.03 General requirements. Trans 320.04 Formula for determining fees for special events. Trans 320.05 Formula for determining fees for escort services. Trans 320.06 Formula for determining fees for utility facility project services. Trans 320.01(1)(1) Purpose. As authorized by ss. 85.51 and 348.25 (3), Stats., the purpose of this chapter is to establish a uniform method to determine the fees that may be charged for special events, security and traffic enforcement services, and escort services provided by state traffic officers. Trans 320.01(2)(a)(a) Special events in which state traffic officers provide security and traffic enforcement services for which an admission fee is charged, and the special event is organized by a private or public organization. Trans 320.01(2)(b)(b) Motor carriers and private motor carriers who require escort services for oversize or overweight vehicles or loads. Trans 320.01(2)(c)(c) Projects involving the installation, inspection, removal, relocation or repair of a utility facility located on a highway if security and traffic law enforcement services are provided by state traffic officers. Trans 320.01 HistoryHistory: Cr. Register, May, 2000, No. 533, eff. 6-1-00; CR 02-086: am. (2), Register November 2002 No. 563, eff. 12-1-02. Trans 320.02Trans 320.02 Definitions. The words and phrases defined in ss. 30.40 (19) and 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter: Trans 320.02(3)(3) “Duty hours” means a traffic officer’s starting and ending times for each work day. This includes travel time from the traffic officer’s residence or work location to the starting point from which special event or escort services are provided. It also includes travel time returning from the special event or escort site back to the traffic officer’s residence or work location, or travel to and from the escort or special event site for traffic officers with split shifts. Trans 320.02(4)(4) “Escort services” means the escort of oversize or overweight vehicles by uniformed traffic officers using authorized law enforcement vehicles, in accordance with ch. Trans 252. Trans 320.02(5)(5) “Inspection time” means the time spent by traffic officers performing a safety inspection, or re-inspection, for any vehicle or load requiring an oversize or overweight permit, and the time spent for travel by traffic officers to and from the inspection site. Trans 320.02(6)(6) “Lodging allowance” means the cost of overnight lodging permitted for individual traffic officers per day as identified in the department’s transportation administrative manual, or TAM, 8-6 entitled Travel Expense Reimbursement Rates and Allowances. Trans 320.02(7)(7) “Meal allowance” means the cost of meals permitted for individual traffic officers per day as identified in the department’s transportation administrative manual, or TAM, 8-6 entitled Travel Expense Reimbursement Rates and Allowances. Trans 320.02(8)(8) “Mileage rate” means the cost per mile for operation of a division of state patrol vehicle while performing official duties including special event or escort services. Trans 320.02(9)(9) “Motor carrier” means any person, firm, partnership, corporation, or limited liability company that transports property for hire by motor vehicle upon public highways that requires escort services, including government and military agencies. Trans 320.02(12)(12) “Private motor carrier” means any person, firm, partnership, corporation or limited liability company that transports property by motor vehicle, other than an automobile or trailer, upon public highways, that requires escort services. Trans 320.02(13)(13) “Rate of pay” means a traffic officer’s average hourly wage, either for regular time or overtime, including time-off-with-pay percentage and fringe benefits percentage where applicable, as determined by collective bargaining agreement or state of Wisconsin compensation plan. Trans 320.02(13m)(13m) “Region commander” means a Wisconsin division of state patrol captain who is the commander of one of the division of state patrol’s 5 regions, or the commander’s designee. Trans 320.02(14)(14) “Special event” means a public event organized by a private or public organization for which an admission fee is charged for spectators. Trans 320.02(15)(15) “Special event services” means security and traffic enforcement services provided at a special event by the division of state patrol. Trans 320.02(16)(16) “Sponsor” means a private or public organization that organizes a special event. Trans 320.02(17)(17) “Traffic officer” means a division of state patrol officer, including an inspector, with the powers and duties described in s. 110.07, Stats. Trans 320.02(18)(18) “Utility facility project” includes activities related to the installation, inspection, removal, relocation or repair of a utility facility. Trans 320.02(19)(19) “Utility facility project services” means security and traffic enforcement services provided at a utility facility project site by the division of state patrol. Trans 320.02(20)(20) “Vehicle mileage” means all mileage traveled by each state patrol vehicle used for special event or escort services. This includes travel to and from any special event or inspection site, and travel from a traffic officer’s residence or work location to the starting point from which special event or escort services are provided. It also includes travel returning from the destination back to a state traffic officer’s residence or work location, or travel to and from the escort or special events sites for traffic officers with split shifts. Trans 320.02 NoteNote: A copy of TAM 8-6, Travel Expense Reimbursement Rates and Allowances, may be obtained without cost by writing to the Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 267-3622.
Trans 320.02 HistoryHistory: Cr. Register, May, 2000, No. 533, eff. 6-1-00; CR 02-086: am. (intro.), (14) and (16), r. (1), renum. (18) to be (20), cr. (18) and (19), Register November 2002 No. 563, eff. 12-1-02; correction in (2) made under s. 13.92 (4) (b) 6., Stats., and renum. (2) to (13m) under s. 13.92 (4) (b) 1., Stats., Register February 2013 No. 686. Trans 320.03(1)(1) Requests for escort services, special event services and utility facility project services shall be submitted to the region commander of the division of state patrol region in which the special event or utility facility project shall take place, or in which the escort services shall originate. Trans 320.03(2)(2) Fees for special event services requested by another law enforcement agency shall be charged to the special event sponsor in the same manner as requests received directly from a sponsor. Trans 320.03(3)(3) Requests for special event services shall be submitted at least 48 hours prior to the beginning of the special event. Trans 320.03(4)(4) Costs related to requests for services not made in advance of a special event for which the division of state patrol is ultimately required to provide services, shall be charged to the event sponsor. Trans 320.03(5)(5) Requests for escort services shall be submitted at least 48 hours prior to the beginning of the escort. Trans 320.03(6)(6) Requests for escort services shall be accompanied by a valid oversize or overweight permit issued by the department’s division of motor vehicles, bureau of vehicle services, motor carrier services section, or an officer in charge of maintenance of local highways. Trans 320.03(8)(8) Requests to the region commander shall include all of the following: Trans 320.03(8)(a)(a) Identification of the point of origin and the point of termination for any escort service. Trans 320.03(8)(c)(c) Identification of roads and highways to be provided with security and traffic enforcement. Trans 320.03(8)(e)(e) Identification of the anticipated starting and ending dates and times for any escort service, or identification of the starting and ending dates and times, including the number of days involved, for any special event or utility facility project for which security and traffic enforcement is to be provided. Trans 320.03(9)(9) The region commander, in compliance with division of state patrol overtime policies, shall determine the number of, and authorize the use of, traffic officers or equipment to be used to provide special events security and traffic control, utility facility project security and traffic control or escort services with priority given to ensuring safe completion of the assignment. Trans 320.03(10)(10) Routes for motor carriers and private motor carriers which require escort services shall be approved by the department’s motor carrier services section, which may receive advice from the division of state patrol region commander and the department’s division of transportation system development’s region engineer. Trans 320.03(11)(11) Fees for special event services may be required to be paid in advance of the special event. Trans 320.03(12)(12) Fees for escort services shall be reimbursed by the motor carrier or private motor carrier no later than 30 days after the motor carrier or private motor carrier receives the bill. For payments not received within 30 days, the department may deny future overweight or oversize permits or escort services for the motor carrier or private motor carrier until payment is received. Trans 320.03(13)(13) Fees for utility facility project services shall be reimbursed by the person or organization who requested the service no later than 30 days after the person or organization receives the bill. For payments not received within 30 days, the department may deny future requests for utility facility project services until payment is received. Trans 320.03(14)(14) Notification of the cancellation of a request for special events services shall be provided to the appropriate division of state patrol region commander no later than 48 hours before the event was scheduled to commence. Failure to notify the region commander within 48 hours shall result in a surcharge of $100. Trans 320.03(15)(15) Notification of the cancellation of a request for escort services shall be provided to the appropriate division of state patrol region commander as soon as possible, but no later than 24 hours before the scheduled escort date. Failure to notify the region commander within 24 hours shall result in a surcharge of $100. Trans 320.03(16)(16) Notification of the cancellation of a request for utility facility project services shall be provided to the appropriate division of state patrol region commander as soon as possible, but no later than 24 hours before the scheduled project start. Failure to notify the region commander within 24 hours shall result in a surcharge of $100. Trans 320.03 HistoryHistory: Cr. Register, May, 2000, No. 533, eff. 6-1-00; CR 02-086: am. (1), renum. (7) to be (8), (9) to (13) to be (1) to (12), (14) and (15), renum. (8) (d) to be (8) (e), (8) to be (9) and am., cr. (8) (d), (13) and (16), Register November 2002 No. 563, eff. 12-1-02; corrections in (1), (8) (intro.), (9), (10), (14) to (16) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 NO. 686. Trans 320.04Trans 320.04 Formula for determining fees for special events. Trans 320.04(1)(1) The fee formula for special events shall include all of the following: Trans 320.04(2)(2) Special events assignments shall be given as regular duty hours or overtime hours as determined by the region commander in accordance with division of state patrol policy and collective bargaining agreement. Trans 320.04(3)(3) The formula for special events fees shall be calculated as: Trans 320.04(3)(a)(a) [(Number of duty hours per traffic officer) x (duty hour rate of pay)] + [(vehicle mileage per traffic officer) x (mileage rate for type of vehicle used)] + [(meal allowance per traffic officer) x (number of meals per traffic officer)] + [(lodging allowance per day per traffic officer) x (number of days of lodging per traffic officer)] = cost per traffic officer and vehicle for special events services. Trans 320.04(3)(b)(b) Total special events fee = cumulative costs per officer and vehicle. Trans 320.04(3)(c)(c) Total special events fee may not exceed the division of state patrol’s reasonable and necessary costs. Trans 320.04 HistoryHistory: Cr. Register, May, 2000, No. 533, eff. 6-1-00; correction in (2) made under 2. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686. Trans 320.05Trans 320.05 Formula for determining fees for escort services. Trans 320.05(1)(1) The fee formula for escort services shall include all of the following:
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