Register June 2007 No. 618
Chapter Trans 112
MEDICAL STANDARDS FOR DRIVER LICENSING AND GENERAL STANDARDS FOR SCHOOL BUS ENDORSEMENTS
Purpose and scope.
Medical review standards.
Information to be considered in licensing actions.
All medical conditions.
Alcohol or other drug use.
Conditions affecting cardiovascular function.
Conditions affecting cerebrovascular function.
Conditions affecting endocrine function.
Conditions affecting neurological or neuromuscular function.
Conditions affecting psychosocial, mental or emotional function.
Conditions affecting respiratory function.
Conditions affecting sensory function.
Non-medical requirements for school bus drivers.
Condition of employment for school bus drivers.
Notice of departmental licensing actions.
Purpose and scope.
The purpose of this chapter is to establish the department's administrative interpretation of the provisions of ch. 343, Stats.
, that relate to the issuance of motor vehicle operator licenses to persons who have a medical condition that may affect their ability to exercise reasonable control over a motor vehicle. This chapter specifies by licensing category the functional ability levels necessary to exercise reasonable control of a motor vehicle for all persons applying for or holding any operator's license. This chapter also establishes non-medical requirements that relate to issuance of a school bus endorsement.
Trans 112.01 Note
Forms used in this chapter are MV3030B Medical Examination Report for Commercial Driver Licensing Endorsements, MV3030V Certificate of Vision Examination by Competent Authority, and MV 3644 Medical Examination Report. A sample copy of these forms may be obtained, free of charge, from the Wisconsin Department of Transportation, Bureau of Driver Services, P. O. Box 7918, Madison, WI 53707-7918. See ss. 343.06
Trans 112.01 History
Cr. Register, April, 1991, No. 424
, eff. 5-1-91; CR 04-117
: am. Register April 2005 No. 592
, eff. 5-1-05.
The words and phrases defined in ss. 340.01
, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:
"Advanced practice nurse prescriber" or "APNP" means an advanced practice nurse who is certified under s. 441.16 (2)
, Stats., to issue prescription orders.
"Altered consciousness" means a state of awareness characterized by loss or distortion of the impressions made by the senses or inability to respond to the impressions made by the senses.
"Another jurisdiction" means any state other than Wisconsin and includes the District of Columbia, the commonwealth of Puerto Rico and any territory or possession of the United States, any federal military installation located within the territorial boundaries of Wisconsin and any province of the Dominion of Canada.
"Assessment" means an examination of a person's use of chemicals and development of a driver safety plan for the person by an approved public treatment facility as defined by s. 51.45 (2) (c)
"Cognitive skill" means the ability to think, perceive and remember.
"Corrective lens" means an ophthalmic lens, whether an eyeglass or a contact lens, that corrects the refraction error or other optically correctable deficiency of the eye, except bioptic telescopic lenses.
"Driving evaluation" is a test conducted to determine if a person adequately compensates for the person's medical, mental or physical condition or functional impairment.
"Episode" means any incident or segment of time involving altered consciousness or loss of bodily control.
"Field of vision" means the entire horizontal, temporal plane a person has for each eye without shifting the gaze.
"Functional ability" means the degree of cognitive, mental or emotional, sensorimotor and sensory capability in performing activities of daily living, including safely performing the tasks of driving.
"Licensing action" means any action by the department involving the denial, cancellation, restriction, or issuance of a license or endorsement under this chapter.
"Loss of bodily control" means involuntary movements of the body characterized by muscle spasms or muscle rigidity, or loss of muscle tone or muscle movement.
"Medical condition" means any physical, mental or emotional condition which affects a person's health for which a person is receiving medical treatment, or for which medical treatment is usually prescribed.
"Mental or emotional function" includes interaction and communication skills, adaptive behavior or coping capacity, and orientation.
"Physical disability" means any physical limitation interfering with the ability to perform the normal tasks associated with operating a motor vehicle.
"Physician" means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board.
Trans 112.02 Note
This definition of "Physician" is intended to be consistent with the statutory definition appearing at s. 448.01 (5)
"Proof of physical fitness" means a certificate of physical examination executed by a person authorized to execute certificates of physical examination under 49 CFR 391.43
which provides that the person being examined meets the physical qualifications for drivers of 49 CFR 391.41
, or a medical examination report for "S" or "P" endorsements.
"Sensorimotor skills" means reflexes and reaction time, coordination, depth perception, manipulation, range of motion and general mobility.
"Sensory function" means vision, hearing, touch, smell and vibration sense.
"Vehicle classification" or "vehicle class" means the designation for a type of motor vehicle as defined in s. 343.04
Trans 112.02 History
Cr. Register, April, 1991, No. 424
, eff. 5-1-91; am. (17), Register, November, 1993, No. 455
, eff. 12-1-93; r. (5), (15), am. (6), renum. (16) to be (15), cr. (16), Register, June, 1996, No. 486
, eff. 7-1-96; CR 04-117
: cr. (1m) Register April 2005 No. 592
, eff. 5-1-05; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2005 No. 592
; CR 06-099
: renum. (1) to be (1g), cr. (1), Register June 2007 No. 618
, eff. 7-1-07.
Unrestricted commercial driver licenses.
No person shall be issued an unrestricted commercial driver license unless the person complies with all the driver qualifications specified in 49 CFR 391.41
, and presents a medical certificate of physical examination as required by 49 CFR 391.43
at the time of application.
(2) Restricted commercial driver licenses.
The department may not issue a commercial driver license to a driver who does not meet the physical qualifications of drivers' standards under 49 CFR 391.41
or who does not present a medical certificate of examination required under 49 CFR 391.43
unless one of the following applies:
The commercial driver license is subject to a "K" restriction, the driver held a commercial driver license on or before July 28, 1996, and the license has not been revoked on or after July 29, 1996.