Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. Prior to passage of
2001 Wis. Act 109, motorcycles built by non-licensed manufacturers were titled as “replica" vehicles.
2001 Wisconsin Act 109 amended s.
341.268, Wis. Stats., to exclude motorcycles from the definition of replica vehicle. After October 1, 2002, the definition of homemade vehicle is expanded to include motorcycles that reproduce a vehicle originally made by another manufacturer.
Current policies of the Department of Transportation require that all homemade and reconstructed vehicles be inspected before a title and registration plates may be issued. This policy is expressed in s.
Trans 305.065, Wis. Admin. Code. The proposed rule will amend chs.
Trans 149 and
305 to clarify that inspections of homemade vehicles, including motorcycles, are to be conducted in the same manner as inspections of repaired salvage vehicles. The proposed rule further amends ch.
Trans 149 to provide that the requirement for receipts for motorcycle parts be raised from the current $50 to $150 in order to capture information on major part purchases and to eliminate receipts for minor, non-essential motorcycle parts. The inspections for homemade and reconstructed vehicles do not require a fee since there is no statutory provision for charging a fee. The proposed rule will amend ch.
Trans 149 to clarify that the fee provisions of that rule apply only to inspections of repaired salvage vehicles.
TEXT OF PROPOSED RULE
Under the authority vested in the state of Wisconsin, department of transportation, by ss.
85.16 (1),
227.11 (2) (b) and
342.07 (2), Stats., the department of transportation hereby proposes to amend rules interpreting ss.
341.268 and
342.07, Stats., relating to titling and registration of homemade, reconstructed or repaired salvage vehicles.
SECTION 1. Ch.
Trans 149 (title) is amended to read:
INSPECTION OF A HOMEMADE, RECONSTRUCTED OR REPAIRED SALVAGE VEHICLE
SECTION 2. Trans 149.01 (2) is amended to read:
Trans 149.01 (2) This chapter applies to any person seeking to obtain a certificate of title on a homemade vehicle, reconstructed vehicle, repaired salvage vehicle or on a vehicle identified in another jurisdiction as a repaired salvage or salvage vehicle.
SECTION 3. Trans 149.02 (6) (m) is amended to read:
Trans 149.02 (6) (m) Any motorcycle part not listed under this subsection which has a value exceeding $50
$150.
SECTION 4. Trans 149.05 (5) (a) 2. is amended to read:
Trans 149.05 (5) (a) 2. The Wisconsin salvage certificate of title evidencing the applicant's ownership of the vehicle, which may be a salvage certificate of title in the name of the applicant, or a Wisconsin salvage certificate of title in the name of another person who has properly assigned the title to the applicant in the space provided on the certificate. This paragraph does not apply to homemade or reconstructed vehicles.
SECTION 5. Trans 149.07 (1) (a) 2. is amended to read:
Trans 149.07 (1) (a) 2. The applicant's current salvage certificate of title. This paragraph does not apply to homemade or reconstructed vehicles.
SECTION 6. Trans 149.08 (1) is amended to read:
Trans 149.08 (1) The applicant shall pay an inspection fee for each inspection performed, except that there is no additional fee for the reinspection described in s.
Trans 149.07 (2) (b).
There is no fee for the inspection of a homemade or reconstructed vehicle.
SECTION 7. Trans 305.065 (1) and (2) (b) are amended to read:
Trans 305.065 (1) INSPECTION. Upon completion of assembly or reconstruction, every homemade or reconstructed vehicle shall be inspected prior to being registered or titled for compliance with this chapter
, ch. Trans 149 and ch.
347, Stats. The inspection shall be performed by an inspector authorized by the department to perform inspections of salvage vehicles under s.
342.07, Stats. This subsection does not apply to trailers or semitrailers.
(2) (b)
Replica and street modified vehicles. The department shall issue a title indicating that a vehicle
, except a motorcycle, is a replica or street modified vehicle and the make and model year shown on the title shall be the original make and model year of the street modified vehicle or the make and model year of the vehicle being replicated. The installation of reproduction body parts on a previously manufactured and titled vehicle body and frame is not considered by the department to constitute a replica vehicle for purposes of identifying the vehicle on its title. A vehicle shall be considered a replica or a street modified vehicle if it has been certified by the owner to be a replica or a street modified vehicle for purposes of registration under s.
341.268, Stats. A vehicle shall also be considered a street modified vehicle if the vehicle's engine has been replaced with one which required adaptation beyond ordinary replacement.
Fiscal Effect
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
The amendments of these rules have no direct affect on small businesses.
Copies of Proposed Rule
Copies of the rule may be obtained upon request, without cost, by writing to Patricia Hansen, Division of State Patrol, P. O. Box 7912, Room 551, Madison, WI 53707-7912, or by calling (608) 267-0325. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wis. Admin. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
January 20, 2004 at 11:00 a.m.
Transportation District 3
2733 Ridge Road
Conference Room 2
Green Bay, WI
(Parking is available for persons with disabilities)
The public record on this proposed rule making will be held open until close of business on the date of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. This proposed rule amends Trans 276.07 (10), (10m), (11) and (17); and create Trans 276.07 (34w), Wis. Adm. Code, to add five segments of highway to the designated highway system established under s.
348.07 (4), Stats. The actual highway segments that this proposed rule adds to the designated highway system are:
Hwy. From To
STH 47 STH 29 USH 45
STH 55 STH 64 at Langlade STH 29 at Shawano
CTH “M" STH 32 W. of Suring STH 55
STH 49 STH 29 STH 66 E. of Rosholt
STH 83 IH 94 STH 59 at Genesee
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this proposed rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Fiscal Impact
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to the office of the State Traffic Engineer, P. O. Box 7986, Room 501, Madison, Wisconsin, 53707-7986, telephone (608) 266-1273. For questions about this rule making, please call Ashwani Sharma, Traffic Operations Engineer at (608) 266-1273. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearings
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to ss.
102.15 (1) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider changes to chapter DWD 80, relating to worker's compensation.
Hearing Information
Friday, January 16, 2004 at 10 a.m.
GEF 1 Building, Room B105
201 E. Washington Avenue
Madison
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult at the hearings, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
The proposed rules make the following changes, as agreed to by the Worker's Compensation Advisory Council:
Supplementary reports by employers and insurance companies. Under the current rule self-insured employers and insurance companies are required to submit supplemental reports only if the reported injury meets the definition of lost time under DWD 80.02 (1) (a). The proposed amendment to s.
DWD 80.02 (2) (b) will require self-insured employers and insurance companies to submit supplemental reports for all claims reported whether or not they meet the lost-time definition. The amendment will not require the reporting of no lost time or denied claims but will require the filing of supplemental reports for all claims that are reported.
Written notice by employers and insurance companies. The proposed amendment to s.
DWD 80.02 (2) (g) 2. will require self-insured employers and insurance companies to provide notice of denial to the department and employees for claims that are initially reported and paid but later denied. The current rule is inconsistent with the requirement to report only compensable claims.
Written notice by employers and insurance companies. The proposed rules repeal s.
DWD 80.02 (2) (h). Under the current rule, self-insured employers and insurance companies are required to provide the department with written notice related to denial or continued investigation of claims with copies of the report provided to employees. This provision is repealed because the requirement for self-insured employers and insurance companies to submit reports about the denial or investigation of claims to the department is eliminated. The newly-created DWD 80. 02 (2m) replaces this provision and requires self-insured employers and insurance companies to provide notice of denial or investigation of claims to employees only and not to the department.
Notice by employers and insurance companies to employees. The proposed rules amend s.
DWD 80.02 (2m) to clarify that a notice of denial or investigation of claims is to be sent to the employee along with a statement advising the employee of the right to a hearing before the department. The notice of investigation will specify if additional medical or other information is needed to complete the investigation. This notice must be sent to the employee and is not required to be sent to the department.
Electronic reporting. The proposed amendment to s.
DWD 80.02 (3m) will permit the department to require self-insured employers and insurance companies to submit all or selected information in reports or amendments to reports to be filed via electronic, magnetic, or other media satisfactory to the department. Under the current rule self-insured employers and insurance companies may request to submit required reports electronically but are not required to do so. This amendment will allow the department discretion to require electronic reporting to help the self-insured employer or insurance company to meet reporting requirements. This amendment also permits the department to grant waivers from the requirement to submit reports by electronic means if the employer, self-insured employer or insurer can establish good cause.
Payment of permanent disability. A new section is created at s.
DWD 80.52 to establish when payment for compensation for permanent disability must begin in cases in which the self-insured employer or insurance company concedes liability but disputes the extent of permanent disability. Under this rule payment is to begin (1) within 30 days after the self-insured employer or insurance company receives a report that provides a permanent disability rating or (2) within 30 days after receiving a report from an examination performed under s.
102.13 (1) (a), Stats., in the amount of permanent disability found as a result of the examination. If no examination was previously performed, the self-insured employer or insurance company may give notice of a request for an examination within 30 days of receiving a report that establishes permanent disability. If the examining practitioner's report is not available within 90 days of the request for an examination, payment must begin by that date.
Uninsured employers fund. Section
DWD 80.62 (7) (a) 3. is amended to allow the department to seek reimbursement from uninsured employers for payments made by the Uninsured Employers Fund for claims administration expenses.
Notice of cancellation or termination. The proposed rules amend s.
DWD 80.65 to permit insurance companies to give notice of cancellation or termination of insurance policies to the Wisconsin Compensation Rating Bureau by facsimile machine transmission, electronic mail, or any electronic, magnetic, or other medium approved by the department. The current rule permits notice only by certified mail or personal service. The rule is amended to authorize notice by different means to comply with a recent amendment to s.
102.31 (2) (a), Stats.
Reasonableness of fee disputes. Section
DWD 80.72 (3) (a) is amended to require self-insured employers and insurance companies to raise disputes over liability or the extent of disability of the underlying claim and give notice within 30 days after receiving a completed bill from a healthcare provider, unless there is good cause for the delay in providing this notice.
Necessity of treatment. Section
DWD 80.73 (3) (a) is amended to require self-insured employers and insurance companies to raise disputes over liability or the extent of liability of the underlying claim and give notice within 60 days after receiving a bill from the healthcare provider, unless there is good cause for the delay in providing this notice.
Initial Regulatory Flexibility Analysis
The proposed rule changes may affect small business as defined in s.
227.114, Stats., but the changes would not have a significant economic impact.
Fiscal Impact
The proposed rule changes do not have a fiscal effect on state or local government.
Contact Information
Elaine Pridgen
