Register August 2015 No. 716
Chapter Trans 327
MOTOR CARRIER SAFETY
Trans 327.01   Definitions.
Trans 327.03   Federal regulations adopted.
Trans 327.05   Hours of service of drivers.
Trans 327.07   Enforcement.
Trans 327.09   Exemptions.
Trans 327.11   Demerit points not applicable.
Trans 327.13   Copies of federal regulations.
Trans 327.14   Medical certification requirements as part of the commercial driver license.
Trans 327.01 Trans 327.01Definitions. Words and phrases defined in s. 340.01, Stats., and 49 CFR part 390.5 have the same meaning in this chapter. However, the definition of a word or phrase in s. 340.01, Stats., except s. 340.01 (8), Stats., shall apply when the word or phrase is defined in both s. 340.01, Stats., and 49 CFR part 390.5.
Trans 327.01(2) (2) In this chapter:
Trans 327.01(2)(a) (a) “Driver's record of duty status" means a form for all drivers, when required by this chapter, to record all off-duty time, on-duty time and driving time.
Trans 327.01(2)(b) (b) “Emergency" means the result of any natural activities including, but not limited to, tornado, windstorm, thunderstorm, snowstorm, ice storm, blizzard, drought, mud slide, flood, high water, earthquake, forest fire, explosion, blackout or other occurrence, natural or manmade, which interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunication transmissions, or essential supplies, such as food and fuels, or otherwise threatens human life or public welfare.
Trans 327.01 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. r. and recr. (intro.), renum. (1) and (2) to be (2) (b) and (d), cr. (1), (2) (intro.), (a), (c), (d) 9., eff. 4-1-95; r. and recr. (intro.), renum. (1) and (2) to be (2) (b) and (d) and am. (2) (d) (intro.) and 3., cr. (2) (a), (c) and (d) 9., Register, August, 1995, No. 476, eff. 9-1-95; correction in (2) (d) 3., made under s. 13.93 (2m) (b) 7., Stats., Register, October, 2000, No. 538; CR 02-080: renum. (2) (c), (d) and (4) to be (2) (d), (f) and (h) and am. (2) (f) 3., cr. (2) (c), (e) and (g) Register April 2003 No. 568, eff. 5-1-03; CR 06-043: r. (2) (b), (c), (e) to (h), renum. (2) (d) to be (2) (b) Register October 2006 No. 610, eff. 11-1-06.
Trans 327.03 Trans 327.03Federal regulations adopted. The following federal motor carrier safety regulations adopted by the United States department of transportation are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles which operate in intrastate commerce in the same manner as though the regulations were set out in full in this chapter:
Trans 327.03(1) (1) Title 49, Code of Federal Regulations, part 390, federal motor carrier safety regulations — general, except 390.23(a)(3);
Trans 327.03(2)(a)(a) Title 49, Code of Federal Regulations, part 391, qualifications of drivers, except:
Trans 327.03(2)(a)1. 1. 391.11(b)(1), and 391.41(b)(3) if, in the alternative a driver with diabetes controlled by insulin obtains statements from 2 licensed physicians indicating, on a form provided by the department of transportation, that the diabetes is not likely to cause loss of ability to control or operate a motor vehicle.
Trans 327.03(2)(a)2. 2. 391.41(b)(10), if a driver who does not meet the vision standards provides documentation from a licensed vision specialist that he or she does not have progressive eye disease; that his or her vision in the best eye, corrected or uncorrected, is at least 20/40 (Snellen); and that he or she has a minimum of 70-degree visual field from the center of at least one eye. The documentation shall be accompanied by a statement from the specialist indicating that the driver's vision is not likely to cause a loss of ability to control or operate a commercial motor vehicle. A driver may apply for an exception or waiver to drive in intrastate commerce by submitting this information with his or her application.
Trans 327.03(2)(b) (b) A driver is not eligible for an exception or waiver under par. (a) if he or she has had any moving violations or any reportable at-fault accidents while driving any motor vehicle within the 3-year period prior to the date of the application. After a driver receives an exception or waiver, his or her noncompliance with any applicable reporting requirements may result in cancellation of the exception or waiver.
Trans 327.03 Note Note: Refer to ch. Trans 112 for criteria requiring cancellation/voluntary temporary surrender of the CDL for medical purposes.
Trans 327.03(3) (3) Title 49, Code of Federal Regulations, part 392, driving of motor vehicles, except 392.16;
Trans 327.03(4) (4) Title 49, Code of Federal Regulations, part 393, parts and accessories necessary for safe operation, except 393.42 shall not apply to vehicles placed in operation in common, contract or private carriage prior to June 1, 1987;
Trans 327.03(5) (5) Title 49, Code of Federal Regulations, part 396, inspection, repair and maintenance;
Trans 327.03(6) (6) Title 49, Code of Federal Regulations, part 397, transportation of hazardous materials; driving and parking rules.
Trans 327.03(7) (7) Every traffic officer and state patrol inspector employed under the authority of s. 110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the North American standard out-of-service criteria.
Trans 327.03 Note Note: The North American Standard Out-of-Service Criteria is on file with the Legislative Reference Bureau and the Department of Transportation, Division of State Patrol. Copies may be obtained by writing to the Division of State Patrol, P. O. Box 7912, Madison, WI 53707-7912, or to the Commercial Vehicle Safety Alliance, 1101 17th Street, NW, Suite 803, Washington, DC 20036, or by calling 202-775-1623. You may also request copies via their website at www.cvsa.org.
Trans 327.03(8) (8) Title 49, Code of Federal Regulations, part 382, federal motor carrier safety regulations — controlled substances and alcohol use and testing;
Trans 327.03(9) (9) Title 49, Code of Federal Regulations, part 40, procedures for transportation workplace drug and alcohol testing programs;
Trans 327.03(10) (10) Title 49, Code of Federal Regulations, part 395, hours of service of drivers, except 395.1(e)(1), 395.1(h), 395.1(i), 395.5, 395.8, and the maximum number of hours identified in 395.3 is adopted as follows:
Trans 327.03(10)(a) (a) More than 12 hours following 10 consecutive hours off duty.
Trans 327.03(10)(b) (b) For any period after having been on duty 16 hours following 10 consecutive hours off duty.
Trans 327.03(10)(c) (c) After having been on duty for 70 hours in any period of 7 consecutive days.
Trans 327.03(10)(d) (d) After having been on duty for 80 hours in any period of 8 consecutive days.
Trans 327.03(11) (11) Title 49, Code of Federal Regulations, part 385, subpart C, certification of safety auditors, safety investigators and safety inspectors.
Trans 327.03 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (intro.), (1), (4) and (5), eff. 4-1-95; am. (intro.), (1), (4) and (5), Register, August, 1995, No. 476, eff. 9-1-95; am. (intro.) and (2), Register, October, 2000, No. 538, eff. 11-1-00; CR 02-080: am. (intro.), renum. (1) to (6) to be (3) to (8) and am. (4) and (7), cr. (1), (2) and (9) Register April 2003 No. 568, eff. 5-1-03; CR 03-059: am. (intro), renum. (1) to (3) to be (8), (9) and (1) and (5) to (8) to be (3) to (6), renum. and am. (4) to be (2) and (9) to be (7) Register December 2003 No. 576, eff. 1-4-04; CR 06-043: am. (intro.), (2) and (7), cr. (10) Register October 2006 No. 610, eff. 11-1-06; EmR0833: emerg. am. (intro.) and (7), cr. (11), eff. 11-5-08; CR 08-100: am. (intro.) and (7), cr. (11) Register April 2009 No. 640, eff. 5-1-09.
Trans 327.05 Trans 327.05Hours of service of drivers.
Trans 327.05(1) (1)General. Except as provided in s. Trans 327.09 (4), every intrastate motor carrier, its officers, drivers, agents, employees, and representatives shall comply with the provisions in this section, and every intrastate motor carrier shall require that its officers, drivers, agents, employees, and representatives be conversant with the provisions in this section.
Trans 327.05(2) (2)Regulatory guidance. The hours of service provisions in this chapter shall be interpreted in a manner consistent with the regulatory guidance provisions of 49 CFR part 395 when applicable.
Trans 327.05(3) (3)Driver's record of duty status.
Trans 327.05(3)(a)(a) Every motor carrier shall require every driver used by the motor carrier to record the driver's duty status for each 24-hour period. Failure to complete the record of duty activities of this section, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall constitute a violation of this chapter.
Trans 327.05(3)(b) (b) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of 6 months from the date of receipt of the duty status and reporting documents.
Trans 327.05(3)(c) (c) The driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in the driver's possession and available for inspection while on duty.
Trans 327.05 Note Note: The maintenance and retention of separate driving logs is not necessarily required to meet the `records of duty status' provisions of this subsection. This subsection does, however, require records showing all off-duty, on-duty and driving time. A time card, for example, that recorded the daily total of off-duty, the daily total of on-duty, and the daily total of driving time for the employee could be used to meet the reporting requirements of this subsection.
Trans 327.05(4) (4)Drivers declared out of service.
Trans 327.05(4)(a)(a) Every traffic officer and state patrol inspector, as set forth in s. 110.07, Stats., is authorized, except in the case of an emergency, to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated par. (b).
Trans 327.05(4)(b)1.1. No driver shall drive after being on duty in excess of the maximum periods permitted by s. Trans 327.03 (10).
Trans 327.05(4)(b)2. 2. No driver required to maintain a record of duty status under sub. (3) shall fail to have a true and accurate record of duty status current on the day of examination and for the prior 7 consecutive days.
Trans 327.05 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (1), (4) to (6), renum. (2) to be (3) and am., cr. (2), (3) (c) and (d), eff. 4-1-95; am. (1), (4) to (6), renum. (2) to be (3) and am., cr. (2), (3) (c) and (d), Register, August, 1995, No. 476, eff. 9-1-95; CR 02-080: renum. (5) and (6) to be (5) (a) and (6) (a) and am., cr. (5) (b), (c) and (6) (b) Register April 2003 No. 568, eff. 5-1-03; CR 06-043: r. (3) and (4), renum. (5) and (6) to be (3) and (4) and am. (4) (b) 1. and 2. Register October 2006 No. 610, eff. 11-1-06.
Trans 327.07 Trans 327.07Enforcement.
Trans 327.07(1) (1) The provisions of s. Trans 327.03 (4) and (5) shall be enforced under the provisions of ss. 110.07 and 110.075, Stats.
Trans 327.07(2) (2) The provisions of ss. Trans 327.03 (2), (3), (6) and (10), and 327.05 shall be enforced under the provisions of ss. 194.38 and 194.43, Stats.
Trans 327.07 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (2), eff. 4-1-95; am. (2), Register, August, 1995, No. 476, eff. 9-1-95; corrections made under s. 13.93 (2m) (b) 7., Stats., Register May 2003 No. 569; corrections made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; CR 06-043: am. (2) Register October 2006 No. 610, eff. 11-1-06.
Trans 327.09 Trans 327.09Exemptions.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.