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)(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)(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)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 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(1)(1) The provisions of
s. Trans 327.03 do not apply to a driver or school bus when the school bus is being used for authorized educational or extracurricular or charter activities.
Trans 327.09(2)(a)
(a) Drivers who operate motor vehicles which have a manufacturers' gross vehicle weight rating equal to or less than 26,000 pounds, except that this provision does not apply to vehicles transporting hazardous materials requiring placarding or vehicles transporting 16 or more passengers including the driver.
Trans 327.09(2)(b)
(b) Drivers who have met state medical qualifications and have been issued a valid Wisconsin commercial driver's license, or CDL, prior to July 29, 1996, which has not been revoked, and who continue to meet state medical requirements as found in
ch. Trans 112.
Trans 327.09(3)
(3) The provisions of
s. Trans 327.03 (6) do not apply to drivers and vehicles transporting hazardous materials by a motor vehicle which is not required to be placarded.
Trans 327.09(4)(b)
(b) Drivers who operate motor vehicles which have a manufacturers' gross vehicle weight rating equal to or less than 26,000 pounds.
Trans 327.09(5)
(5) The provisions of
s. Trans 327.05 (3) do not apply to drivers of vehicles operating within an area having a 150 air mile radius from the drivers' home post office or a 150 air mile radius from the official worksite of the vehicle if:
Trans 327.09(5)(a)
(a) The driver returns to the work reporting location and is released within 12 consecutive hours.
Trans 327.09(5)(b)
(b) At least 10 consecutive hours off duty separate each 12 hours on duty.
Trans 327.09(5)(c)
(c) The driver does not exceed 12 hours maximum driving time following 10 consecutive hours off duty.
Trans 327.09(5)(d)
(d) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
Trans 327.09(6)(a)(a) The provisions of
ss. Trans 327.03 (2) and
327.05 do not apply to drivers of motor vehicles when transporting property or passengers during a declared emergency as defined in
s. Trans 327.01 (2) (b). Each employer must declare and document that the emergency is necessary to assure the protection of public health and safety or to provide other essential assistance to the public. Each employer shall maintain such documentation for one year and shall make it available upon request of a traffic officer or state patrol inspector. Each employer shall also notify the Wisconsin department of transportation, division of state patrol of such declarations by fax or first class mail within 30 days or by the end of the calendar year, whichever is greater.
Trans 327.09 Note
Note: Declarations can be faxed to (608) 267-9600.
Trans 327.09(6)(b)
(b) Drivers returning to normal duty following the end of a declared emergency and when
s. Trans 327.05 hours of service have been exceeded shall be off duty for at least 24 consecutive hours.
Trans 327.09(7)
(7) The provisions of this chapter do not apply to any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s.
340.01 (8) (c) or
(d), Stats., and the vehicle combination is operated solely in intrastate commerce.
Trans 327.09 History
History: Cr.
Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (2) (a) and (3), r. and recr. (2) (b), renum. (4) (c) to be (5), cr. (4) (c), eff. 4-1-95; am. (2) (a) and (3), r. and recr. (2) (b), renum. (4) (c) to be (5) (intro.) and am., cr. (4) (c), (5) (a) to (d) and (6), r. (4) (d),
Register, August, 1995, No. 476, eff. 9-1-95; renum. (6) to be (6) (a), cr. (6) (b),
Register, October, 2000, No. 538, eff. 11-1-00;
CR 02-080: renum. (6) to be (13) and am., cr (6) to (12)
Register April 2003 No. 568, eff. 5-1-03; corrections in (2) (intro.), (3) and (13) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register May 2003 No. 569;
CR 03-059: am. (8) (intro) and (b)
Register December 2003 No. 576, eff. 1-4-04; corrections in (2) (intro), (3) and (13) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2003 No. 576;
CR 06-043: am. (5) (intro.), (b) and (c), r. (6) to (12), renum. (13) to be (6) and am. (6) (a), cr. (7)
Register October 2006 No. 610, eff. 11-1-06.
Trans 327.11
Trans 327.11 Demerit points not applicable. No demerit points may be assessed for violations of the regulations adopted in this chapter.
Trans 327.11 History
History: Cr.
Register, May, 1987, No. 377, eff. 6-1-87.
Trans 327.13
Trans 327.13
Copies of federal regulations. The department shall advise carriers upon request that copies of the federal regulations cited in
s. Trans 327.03 may be obtained by contacting the division of state patrol, Wisconsin department of transportation.
Trans 327.13 History
History: Cr.
Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. eff. 4-1-95; am.
Register, August, 1995, No. 476, eff. 9-1-95;
CR 08-100: am.
Register April 2009 No. 640, eff. 5-1-09.
