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and have been issued a valid Wisconsin commercial driver's license, or CDL, prior to July 29, 1996, which has not been revoked, and who continue to meet state medical requirements as found in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.
