Wisconsin Legislature: Trans 330.01(1)

Trans 330.01(1)(1) As authorized by ss. 110.063 and 110.064 (1) (b), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 110.063 and 110.064, Stats., relating to promoting the safe transportation of individuals in motor buses by providing safety standards for motor bus design, construction, equipment and operation, and providing for annual safety inspections of motor buses.

Trans 330.01(2)(2) This chapter applies to any motor bus that is required to be registered in this state or for which this state issues the base registration or is the base jurisdiction. Requirements under this chapter are in addition to requirements that affect a motor bus under chs. Trans 325 and 327.

Trans 330.01 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Trans 330.02Trans 330.02 Definitions. In this chapter, words and phrases have the same meanings set forth in s. 340.01, Stats. In addition, in this chapter:

Trans 330.02(1)(1) “Department” means the department of transportation.

Trans 330.02(2)(2) “Driver’s compartment” means the area forward of the rearmost portion of the driver’s seat across the entire width of the bus.

Trans 330.02(3)(3) “Secretary” means the secretary of the department of transportation.

Trans 330.02 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Trans 330.03Trans 330.03 Federal regulations adopted. The federal regulations in title 49, Code of Federal Regulations, part 393, parts and accessories necessary for safe operation, and part 571, motor vehicle safety standards, adopted by the United States department of transportation are adopted by the department and shall be enforced in relation to a motor bus under this chapter as though the regulations were set out in full in this chapter.

Trans 330.03 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91; CR 19-004: am. Register November 2019 No. 767, eff. 12-1-19.

Trans 330.04Trans 330.04 Maintenance and maintenance records.

Trans 330.04(1)(1) The owner or lessee of a motor bus shall systematically inspect, repair and maintain any motor bus subject to his or her control so that the parts and accessories of the motor bus are in safe and proper operating condition at all times. Any pushout windows, emergency doors and emergency door marking lights shall be inspected at least every 90 days.

Trans 330.04(2)(2) The owner or lessee of a motor bus shall keep a maintenance record file for each motor bus. The maintenance record file shall be kept at the principal repair facility used for the motor bus. If the motor bus owner or lessee does not operate a repair facility, the maintenance record file shall be kept current at another location accessible for inspection. The maintenance record file shall be maintained for the operating life of the motor bus. The owner or lessee shall maintain the maintenance record file for 6 months after the motor bus leaves his or her control. The maintenance record file shall contain all the following:

Trans 330.04(2)(a)(a) Identification of the motor bus, including make, model, vehicle identification number, and fleet number, if any.

Trans 330.04(2)(b)(b) A record of repairs performed, including the date and nature of repair.

Trans 330.04(2)(c)(c) A record of the lubrication and preventive maintenance performed, including date and nature of maintenance.

Trans 330.04(2)(d)(d) A record of tests conducted on any pushout windows, emergency doors and emergency door marking lights.

Trans 330.04(2)(e)(e) A copy of all records of inspection performed by the department or an urban mass transit system under s. Trans 330.21.

Trans 330.04(3)(3) All required records shall be open for inspection and presented to the secretary or the secretary’s agent upon demand. The secretary may periodically authorize deletion or destruction of material contained in the maintenance record file.

Trans 330.04(4)(4) For a period of 7 calendar days after the defect is repaired, the maintenance record file shall include all written reports of a defect reported under s. Trans 330.05 (1) or of a defect discovered during operation.

Trans 330.04 NoteNote: Section Trans 330.05 (1) was repealed by CR 19-004.

Trans 330.04 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91; CR 22-048: am. (3) Register July 2023 No. 811, eff. 8-1-23.

Trans 330.05Trans 330.05 Driver requirements. The driver may not permit the transportation of any article within the body of the motor bus that would interfere with passengers or with the safe operation of the motor bus. The driver may not permit any article to obstruct the aisle, stepwell or steps. This section does not apply to a dog trained to lead blind or deaf persons or to provide support for mobility-impaired persons under s. 106.52 (3) (am), Stats.

Trans 330.05 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 19-004: r. (1) Register November 2019 No. 767, eff. 12-1-19; (2) renum. to Trans 330.05 under s. 13.92 (4) (b) 1., Stats., and correction made under s. 13.92 (4) (b) 7., Stats., Register November 2019 No. 767.

Trans 330.06Trans 330.06 Out of service.

Trans 330.06(1)(1) If upon inspection under this chapter or pursuant to s. 110.075, Stats., the department finds that a motor bus is in such poor condition that it is unsafe for passenger transportation, the department shall attach an out-of-service sticker to the lower right corner of the windshield. The vehicle may not be used as a motor bus while the sticker is displayed.

Trans 330.06(2)(2) The department shall remove the out-of-service sticker only after reinspecting the motor bus and determining that the unsafe condition has been corrected.

Trans 330.06(3)(3) No person other than an agent of the department may remove, conceal or obstruct an out-of-service sticker unless the motor bus registration of the vehicle is cancelled and the vehicle is re-registered in a manner that prohibits its use as a motor bus.

Trans 330.06 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Trans 330.07Trans 330.07 Converted school bus.

Trans 330.07(1)(1) If a motor bus originally manufactured or otherwise equipped as a school bus is converted to use as a motor bus as provided in s. 347.44 (4), Stats., and s. Trans 300.19, it shall comply with the equipment standards of this chapter, and the following equipment standards for a school bus under s. Trans 300:

Trans 330.07(1)(a)(a) Construction in s. Trans 300.35 (1) to (4).

Trans 330.07(1)(b)(b) Emergency exits in s. Trans 300.39 (6) and (7).

Trans 330.07(1)(c)(c) Fuel tank and fuel system integrity in s. Trans 300.46.

Trans 330.07(1)(d)(d) Rub rails in s. Trans 300.58.

Trans 330.07(1)(e)(e) Service door in s. Trans 300.60 (4).

Trans 330.07(1)(f)(f) Windows in s. Trans 300.69 (3).

Trans 330.07(1)(g)(g) Wheelchair fasteners in s. Trans 300.77.

Trans 330.07(2)(2) The vehicle shall be inspected under this chapter for compliance with sub. (1).

Trans 330.07 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91; CR 19-004: renum. Trans 330.07 to (1) (intro.) and (2) and am., cr. (1) (a) to (g) Register November 2019 No. 767, eff. 12-1-19.

Trans 330.10Trans 330.10 Equipment requirements and standards. A motor bus shall comply with the following equipment requirements and standards:

Trans 330.10(1)(1) Aisle width. The center aisle shall have a minimum clearance of 12 inches in width. The center aisle shall extend from the driver’s compartment to the rear of the vehicle or to the seat of a bench seat installed across the rear width of the vehicle.

Trans 330.10(2)(2) Battery. The battery shall be securely installed to prevent dislocation in the event of an accident in the manner provided in 49 CFR 393.30, except that the battery may not be installed in the passenger compartment.

Trans 330.10(3)(3) Brakes. Brakes shall conform to the requirements under 49 CFR 393.40 to 393.55 and applicable standards under 49 CFR 571.105 and 571.121.

Trans 330.10(4)(4) Bumpers. The front bumper shall have at least an 8-inch face and shall extend at least between the frame rails. The bumper shall be of sufficient strength and shall be positioned to permit pushing a vehicle of similar weight without permanent distortion to the bumper, chassis or body. The rear bumper shall be of sufficient strength and shall be positioned as specified in 49 CFR 393.86 to permit the motor bus to be pushed without permanent distortion to either the bumper or body. Bumpers may not be missing, loosely attached or protruding beyond the confines of the vehicle so as to create a hazard.

Trans 330.10(5)(5) Defroster. The defrosting system shall comply with the requirements under 49 CFR 393.79.

Trans 330.10(6)(6) Drive shaft and universal joints. The drive shaft shall be protected as provided in 49 CFR 393.89. The universal joints and center bearing may not be loose or worn.

Trans 330.10(7)(7) Emergency equipment. Emergency equipment, including fire extinguishers, shall conform to the requirements under 49 CFR 393.95, except that the warning devices for a stopped motor bus may not include liquid-burning emergency flares.

Trans 330.10(8)(8) Emergency exits. Emergency exits shall conform to the requirements under 49 CFR 393.61 and 393.62 and the applicable standards under 49 CFR 571.217.

Trans 330.10(9)(9) Exhaust system. In addition to the requirements under 49 CFR 393.83, the exhaust system, including exhaust manifolds, joining gaskets, pipes from the muffler, tail pipe and pipes from the exhaust manifold, may not enter the passenger compartment at any location. The complete exhaust system shall be tightly connected and free of leaks.

Trans 330.10(10)(10) Fenders. Each motor bus shall be equipped with fenders or shall have a body construction that provides protection from debris thrown by the vehicle’s tires. All tire tread shall be within the fenders or protective body construction.

Trans 330.10(11)(11) Floor. The floor shall conform to the requirements under 49 CFR 393.84.

Trans 330.10(12)(12) Frame. The frame shall conform to the requirements under 49 CFR 393.201. Frames may be modified only as specified by a manufacturer to ensure conformity with applicable federal motor vehicle safety standards.

Trans 330.10(13)(13) Fuel system. In addition to the requirements under 49 CFR 393.65, 393.67 and 393.69, the fuel tanks and fuel system shall be maintained free of leaks. The fuel tank shall be attached to the motor bus in a manner that prevents movement of the tank while the vehicle is in motion.

Trans 330.10(14)(14) Heater.

Trans 330.10(14)(a)(a) In addition to the requirements under 49 CFR 393.77, a heater shall be capable of maintaining an inside temperature throughout the motor bus of not less than 50° fahrenheit at average minimum January temperatures as established by the U.S. department of commerce weather bureau for the area in which the motor bus is operated.

Trans 330.10(14)(b)(b) The heater hose shall be adequately supported to guard against excessive wear or abrasion and shall not interfere with or restrict the operation of any engine function. Heater lines inside the passenger compartment shall be shielded to prevent accidental contact by the driver or passengers.

Trans 330.10(15)(15) Horn. A motor bus shall be equipped with a horn in good working order and capable of emitting a sound audible under normal traffic conditions from a distance of not less than 200 feet.

Trans 330.10(16)(16) Instruments and gauges. Every motor bus originally equipped with any of the following instruments, warning devices or gauges shall be maintained with that equipment or a comparable replacement in good working condition:

Trans 330.10(16)(a)(a) Air pressure or vacuum gauge, where air or vacuum brakes are used, with a low energy supply warning system.