CR 15-069 Rule Text

STATE OF WISCONSIN

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

CLEARINGHOUSE RULE 15-069

PROPOSED ORDER

ADOPTING PERMANENT RULE

The State of Wisconsin Department of Transportation (Department) Proposes an Order to repeal Trans 300.34(a) and (b); amend Trans 300.15 (2) (d), 300.16 (1), (8), (9) and (10), 300.30 (1), 300.34 (1), (3) (intro.) and (4) (f), 300.39 (9), 300.40 (1) and (3), 300.54 (1) (intro.), (a) (intro.) and 2.,4.,5.,6.,7.,8.,9.,10., and 12; and (am) (intro.) and 1., 300.61 (2), (7), and (10) (e), (f) and (h), and 300.81 (7) (intro.) and (b); to repeal and recreate Trans 300.15 (4), 300.61 (10) (gm) and 300.81 (7) (a); and to create Trans 300.02 (7r), 300.34 (3m), (8), (9) and (10), 300.40 (lm), 300.54 (1) (a) 1. d., and 1m., 300.61 (9m), (10) (k), (L), and (m), and 300.81 (7) (c), (d), (e), (f), and (g), 300.81 (9), (10), (11), and (12); Relating to Transportation of School Children, and affecting small businesses.

  The Statement of Scope for this Permanent Rule, SS 092-14, was approved by the Governor on September 4, 2014, and published in Register No. 705 on September 30, 2014, and approved by the Secretary of the State of Wisconsin Department of Transportation (“Department”) Mark Gottlieb, P.E., on October 11, 2014.

The Department proposes an Order to repeal Trans 300.34(a) and (b); amend Trans 300.15 (2) (d), 300.16 (1), (8), (9) and (10), 300.30 (1), 300.34 (1), (3) (intro.) and (4) (f), 300.39 (9), 300.40 (1) and (3), 300.54 (1) (intro.), (a) (intro.) and 2.,4.,5.,6.,7.,8.,9.,10., and 12; and (am) (intro.) and 1., 300.61 (2), (7), and (10) (e), (f) and (h), and 300.81 (7) (intro.) and (b); to repeal and recreate Trans 300.15 (4), 300.61 (10) (gm) and 300.81 (7) (a); and to create Trans 300.02 (7r), 300.34 (3m), (8), (9) and (10), 300.40 (lm), 300.54 (1) (a) 1. d., and 1m., 300.61 (9m), (10) (k), (L), and (m), and 300.81 (7) (c), (d), (e), (f), and (g), 300.81 (9), (10), (11), and (12); relating to Transportation of School Children, and affecting small businesses. The analysis below was prepared by the Department.

ANALYSIS

Statutes Interpreted:   Wis. Stat. ss.  343.12(1)(b), 346.48(2)(a), (b), (bm) and (c), 346.48(3), 346.51(1)(a), 347.25(2), and 349.21.

Statutory Authority: Wis. Stat. ss. 110.064(1)(b), 343.12(1)(b), 346.48(2)(a), (b), (bm) and (c), 346.48(3), 346.51(1)(a), 347.25(2), 349.21, Stats., and  227.11(2).

Explanation of Agency Authority: 2013 Wisconsin Act 96 amended Wis. Stat. chs.  110, 343, 346, 347, and 349, in relevant part, to allow a school bus to be equipped with an 8-light warning system. Wisconsin Statute s. 110.064(1)(b) provides the Department with the ability to promulgate rules regulating safety and equipment on a school buses.

Related Statute or Rule: Wis. Stat. ss. 110.064(1)(b), 340.01(56), 343.12(1)(b), 346.48(2)(a), 346.48(2)(b), 346.48(2)(bm), 346.48(2)(c), 346.48(3), 346.51(1)(a), 347.25(2), 349.21, and Trans 300.

Plain Language Analysis: 2013 Wisconsin Act 96 amended Wis. Stat. chs. 110, 343, 346, 347, and 349 to create the allowance for a school bus to be equipped with an 8-light warning system. Prior to 2013 Wisconsin Act 96 school buses were not authorized to be equipped with 8-light warning systems. Through this rulemaking process, the Department proposes to execute its obligation in the following manner. First, this rulemaking process announces that its purpose is to establish guidelines on installation of an 8-light warning system on school buses. Second, this rulemaking establishes the guidelines for allowance and proper use for an 8-light warning system. Last, the rulemaking updates requirements for other aspects of equipment of school buses to reflect recent developments in safety and technology.

Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: There is no existing or proposed federal statutes, administrative rules or regulations addressing an 8-light warning system on school buses or other equipment standards that they must meet.

Comparison with Rules in Adjacent States:

Illinois Per Illinois code 625 ILCS Sec. 12-805 each school bus purchased as a new vehicle after December 31, 1975, shall be equipped with an 8-lamp flashing warning signal system. Until December 31, 1978, all other school buses shall be equipped with either a 4-lamp or an 8-lamp flashing signal system. After December 31, 1978, all school buses shall be equipped with an 8-lamp flashing signal system.

Iowa Per Iowa code 321.373 IA conforms with the National Congress on School Transportation’s most recent guidelines, which recommend an 8-lamp warning system.

Michigan Per Michigan code 257.1819 all new and retrofitted school buses manufactured or retrofitted must be equipped with the 8-lamp warning system.

Minnesota Per Minnesota code 169.442 Subdivision 1., a Type A, B, C, D school bus must be equipped with pre-warning flashing amber signals and flashing red signals.

Summary of the Factual Data and Analytical Methodologies: The proposed rule was written to conform with current Wisconsin state statutes which require the use of the 8-light warning system from 2013 Wisconsin Act 96. The 8-light warning system is recommended for all school buses in guidance dated May 2010, and titled “National School Transportation Specifications and Procedures” adopted by the 15th National Congress on School Transportation. The state of Wisconsin is the last state in the nation that does not require the 8-light warning system. By creating these rules, Wisconsin is now conforming with these standards as well as legal requirements for school bus warning lamps in the surrounding states. Adopting these standards will improve traffic safety by increasing school bus visibility as well as reducing confusion as to legal requirements upon encountering school buses by drivers from outside Wisconsin.

Analysis and supporting documentation used to determine effect on small businesses: There are many school bus companies throughout the state, and it seems likely that some would qualify as a small business under Wis. Stat. s. 227.114. While, this rulemaking seeks to establish a school bus lighting standard small businesses will incur costs to bring each bus into compliance with this rule and current state statute already in place from 2013 Wisconsin Act 96. The Division of State Patrol worked with the Wisconsin School Bus Association to reach a mutual agreement on an effective date for the 8-light warning system implementation in Wisconsin. This mutual agreement was specifically designed to reduce costs incurred by business, small and large.

Effect on Small Businesses: On or after August 1, 2016, a school bus body manufactured after December 31, 2004, shall be equipped with, in addition to the 4 red warning lights, 1 amber warning light installed near each red warning light, at the same level, but closer to the vertical centerline of the bus. The system of red and amber warning signal lights shall be wired so that the amber warning lights are activated manually, and the red warning lights are automatically activated, with the amber warning lights being automatically de-activated, when the stop signal arm is extended. A school bus body manufactured before January 1, 2005, will be grandfathered and will not be required to be equipped with any amber warning lamps. This grandfather provision will benefit small business by not requiring this amber lamp to be installed, therefore saving costs associated with installation on older school buses.

Anticipated costs incurred by private sector: The Division of State Patrol asked two school bus dealers in Wisconsin to provide estimates on converting a school bus to an 8-light warning system.