Wisconsin Legislature: Text

1. The legal name or single trade name of the self-propelled motor carrier as listed on the motor carrier identification report (From MCS-150) and submitted in accordance with federal regulations.

2. The USDOT motor carrier identification number.

3. The name of the operator of the motor carrier if different from the motor carrier owner by using the term “operated by".

4. The ICCMC number where applicable.

5. Required identification in the prescribed format, color, and lettering size.

6. Required identification prescribed for rented motor vehicles.

Chapter Trans 302 requires intrastate motor carriers to be marked to display:

1. The legal name of the carrier.

2. The city and state of the motor carrier's headquarters.

3. Any applicable federal transportation authority number.

4. The empty weight of the power unit.

5. Identification in the prescribed format, color, and lettering size.

6. In accordance with 43 CFR Part 390.21 as an alternative to meeting the regulations identified in Trans 302.

The intent of repealing ch. Trans 302 is to keep Wisconsin laws and motor carrier administrative rules compliant with existing federal regulations. Specifically, federal regulations regarding motor carrier marking, 49 CFR Part 390.21, have been adopted in ch. Trans 325 for intrastate motor carriers and ch. Trans 327 for interstate motor carriers.

Comparison with Rules in Adjacent States:

Michigan: Currently drafting legislation to adopt federal regulations except requirement for display of the USDOT number for intrastate motor carriers.

Minnesota: Adopted federal regulations in statute (221.031 subchapter 6).

Illinois: Has not adopted the federal regulations for intrastate motor carriers.

Iowa: Adopted federal regulations.

Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: Ch. Trans 302 was created in 1982 to provide a uniform means for identifying the owner or operator subject to ch. 194, Stats., and private vehicles having a gross vehicle weight of more than12,000 pounds. Since 1982, 49 CFR Part 390.21 has been adopted by chs. Trans 325 and Trans 327 for motor carriers engaged in both interstate and intrastate commerce.

Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: Small motor carrier businesses based in Wisconsin will benefit from the repeal of ch. Trans 302 through the elimination of inconsistencies related to vehicle marking. The small businesses that provide intrastate motor carrier services will have only one source of regulations, thus making their efforts to comply easier. Small businesses that provide both intrastate and interstate motor carrier services will be able to simultaneously comply with both Wisconsin and federal regulations thus making their efforts easier.

Enforcement of the rule will be performed as part of routine motor carrier enforcement in Wisconsin. The repeal of ch. Trans 302 will be made known to motor carriers though routine dialogue with industry representatives, contact with individual motor carrier services and in routine State Patrol documents. Since the result of the repeal of ch. Trans 302 will simplify marking regulations, small businesses motor carriers will generally be in compliance by simply following federal regulations.

You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:

http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

Fiscal Effect and Anticipated Costs Incurred by Private Sector: 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. The private sector of the motor carrier industry will benefit by having a single set of regulations for vehicle marking, thus saving time and cost on obtaining applicable regulations and painting only minimal information on the vehicles.

Place Where Comments are to be Submitted and Deadline for Submission: Questions about this rule and any petition for public hearing may be addressed to Lt. Charles Teasdale, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone (608) 267-0305.

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

NOTICE IS HEREBY GIVEN that pursuant to ss. 121.555 (3) (c), 121.555 (4) (a), 343.12 (2), 343.20 (1), 343.21 (3), 343.23 (2), 343.237, Stats., and interpreting ss. 121.555 (3) (c), 121.555 (4) (a), 343.12 (2), 343.20 (1), 343.21 (3), 343.23 (2), 343.237, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 15th day of November, 2004, at 1:00 PM, to consider the amendment of ch. Trans 112, Wisconsin Administrative Code, relating to medical standards for driver licensing and general standards for school bus endorsements.

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.

Statutory Authority: ss. 121.555 (3) (c), 121.555 (4) (a), 343.12 (2), 343.20 (1), 343.21 (3), 343.23 (2), 343.237, Stats.

Statutes Interpreted: ss. 121.555 (3) (c), 121.555 (4) (a), 343.12 (2), 343.20 (1), 343.21 (3), 343.23 (2), 343.237, Stats.

Plain Language Analysis: Under current law, a person may not operate a school bus without a school bus endorsement issued by the Department of Transportation (DOT). DOT may issue a school bus endorsement to a person's valid motor vehicle operator's license if the person meets certain qualifications, including being free of conviction for certain crimes. A school bus endorsement is valid for the eight–year duration of the person's operator's license. Under certain circumstances, DOT must cancel the operator's license of a person to whom a school bus endorsement has been issued.

2003 Wisconsin Act 280 modified the existing criminal history requirements, and imposed additional requirements for the initial issuance or renewal of a school bus endorsement. That act prohibits DOT from issuing or renewing a school bus endorsement to an applicant if the applicant has been convicted of or adjudicated delinquent for any specified disqualifying crime or offense within a prior minimum specified time. These disqualifying crimes and offenses and minimum time periods for disqualification include those specified under current statutes, including various crimes against children. The act also authorizes DOT to specify by rule additional disqualifying crimes and offenses and the time period during which the disqualification applies.

Prior to Act 280, persons were not eligible for a school bus endorsement if he or she has been convicted of listed offenses (including a felony or an “offense against public morals") within the past five years, if the circumstances of the offense are “substantially related" to the circumstances of operating a school bus, or was convicted of specified offenses (including OWI and operating with a suspended or revoked license) within the past two years, regardless of whether the circumstances of the offense are “substantially related" to the circumstances of operating a school bus. Thus, Act 280 lengthened the periods of disqualification for some offenses, and listed some offenses that arguably are not “substantially related" to the circumstances of operating a school bus.

This rule establishes three periods of disqualification from eligibility for a school bus driver endorsement for conviction of listed felonies and misdemeanors. A lifetime disqualification is imposed on any person convicted of violent crimes resulting in death or serious physical injury to another, of sex offenses involving children and other vulnerable persons, or of other crimes involving predation or victimization of children or other vulnerable persons. A five-year disqualification is imposed on any person convicted of other crimes against life and bodily security, of other crimes against children, of crimes involving use of a motor vehicle, including operating while intoxicated (OWI), of possession of illegal weapons or of similar offenses likely to result in serious injury to others. A two-year disqualification is imposed on any person convicted of negligent operation of a motor vehicle, of obstructing emergency and rescue personnel or of other crimes.

Many of the listed offenses comprise felonies and misdemeanors. Under the rule, if a person provides evidence to the Department that his or her conviction of a listed offense is a misdemeanor conviction, the disqualification period is shortened to the next shorter disqualification period. However, there is no reduced disqualification period for misdemeanor sexual assault convictions, and the minimum period of disqualification for any listed offense (whether felony or misdemeanor) is two years.

The rule requires the Department to conduct a criminal history record search of every applicant for initial issuance or renewal to determine whether the person is convicted of disqualifying offenses. Although a school bus endorsement is renewed every eight years, DOT must conduct a criminal history search four years after the person obtains a school bus endorsement and, if appropriate, cancel the endorsement.

The rule also requires any person applying for initial issuance or renewal of a school bus endorsement to certify whether he or she has been convicted of any disqualifying offense, and allows the department to disqualify the person for the appropriate period based on that certification.

The rule requires any person who has resided in another state within the previous two years to notify the department of those other states, and requires the department to make a god faith effort to obtain the criminal history records from those other states, including submitting the persons fingerprints to the Department of Justice for a nationwide criminal history search.

The rule allows DOT to require every applicant for initial issuance or renewal of a school bus endorsement to provide two sets of fingerprints, and to pay fees for the two criminal history records searches that will be completed at initial issuance or renewal, and four years after the person obtains the school bus endorsement.

This rule making also makes minor changes to medical standards for school bus drivers not required under 2003 Wisconsin Act 280, including the following:

1. Allows physician to certify driver is following treatment plan for cerebrovascular function, without such certification of the patient.

2. Shortens from 12 to 6 months the period during which a school bus driver must be free of any cerebrovascular incident.

3. Eliminates the 12 month period during which school bus driver must be free of destructive behavior or suicidal tendencies, instead making eligible a driver who is free of such behaviors or tendencies at the time of application.

4. Provides that a license restriction imposed on a physician's recommendation may be lifted only by the physician that recommended the restriction or by the Department following its evaluation of the person's ability to drive.

5. Provides that a person who does not meet minimum waiting periods following certain medical disqualifications cannot request a medical review board assessment of those disqualifications, because those waiting periods cannot be waived.

Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: Federal school bus driver qualifications are set forth at 49 CFR 383.123. Under federal regulations, an applicant must certify and the State must verify that, during the two-year period immediately prior to applying for the school bus endorsement, the applicant has not been convicted of any of the disqualifying offenses in 49 CFR 383.51(b) (generally, OWI, speeding, leaving the scene of an accident, serious moving violations, and offenses involving alcohol and drugs) while operating a CMV or of any offense in a non-CMV that would be disqualifying under 49 CFR 383.51(b) if committed in a CMV; has not had more than one conviction of any of the serious traffic violations defined in 49 CFR 383.5, while operating any type motor vehicle; has not had any conviction for a violation of State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident and; has as not been convicted of any motor vehicle traffic violation that resulted in an accident.

No federal regulations have been proposed regarding school bus driver qualifications within the previous two years.

Comparison with Rules in Adjacent States:

Michigan: Michigan administrative rules require the driver to meet only statutory requirements, none of which relate to the driver's criminal background. Mich. Adm. Code R 340.232, 340.1252 (2004). Michigan statutes require a school to request a criminal background check prior to employing a driver, but do not appear to require the school to take any action based on the result of the search and do not appear to establish licensing qualifications based on criminal background. § 257.1853(4), Mich. Comp. Laws Svc. (2004).

Minnesota: Minnesota school bus driver qualifications are set forth at s. 7414.0400, Minn. Adm. Code. Minnesota disqualifies a person convicted of a felony or certain misdemeanors from holding a school bus endorsement for 5 years after the conviction or for 5 years after the release from incarceration, whichever occurs later. An applicant is ineligible for a school bus endorsement while he or she has felony charges pending against him or her. Minnesota requires a criminal background check at initial issuance and renewal, but requires the school district or its contractor to complete the background check. However, an applicant who has resided in a state other than Minnesota within the preceding five years must have the background check completed by the FBI, by the state or the state's contractor. Minnesota imposes a lifetime disqualification for Head Start bus drivers convicted of certain crimes against minors. Scholl bus driver qualifications are set forth in s. 171.3215, Minn. Stat.

Illinois: Illinois school bus driver qualifications are set forth at 92 Ill. Adm. Code 1035.15. Illinois imposes a lifetime disqualification for convictions of committing or attempting to commit listed felonies and misdemeanors, and a three year disqualification for reckless driving, OWI, or reckless homicide resulting from operation of a motor vehicle. Illinois statutes list disqualifying offenses at 625 ILCS 5/6-106.1, (2004). Illinois requires the prospective employer to collect fingerprints from the school bus permit applicant, and to submit those prints to the Secretary of State for an FBI background check. 92 Ill. Adm. Code 1035.25 (2004). Illinois requires the denial or cancellation of the school bus permit issued to any person whose criminal record check indicates is ineligible to hold the school bus permit. 92 Ill. Adm. Code 1035.35 (2004).

Iowa: Iowa school bus driver qualifications are set forth at 761 IAC 911.6(321). Iowa requires the regional transit system to conduct a criminal records review of each driver prior to employment and on an annual basis. This review verifies that the driver has no history of child abuse or other criminal activity. Each driver who transports students must have an authorization to operate a school bus issued by the department of education in accordance with Iowa Code section 321.376. Illinois statutes make ineligible any person convicted for a public offense as defined by the Iowa criminal code, if the offense is relevant to and affects driving ability, or if the offense includes sexual involvement with a minor student. Iowa Code § 321.375.

Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: 2003 Wisconsin Act 280 requires DOT to promulgate rules specifying crimes or other offenses, in addition to those specified in the statutes, the conviction for which, or adjudication of delinquency for which, disqualifies the applicant from initial issuance or renewal of a school bus endorsement and, for each such crime or offense, the time period within which the disqualification applies. The time period may be permanent but may not be less than the time period specified in the statutes. DOT first examined the statutes for every crime, and classified them by felony or misdemeanor. DOT further classified those crimes according to the threat they represented to school children or other vulnerable persons, to sexual offenses, to operation of a large motor vehicle, and that reflected on the person's trustworthiness with children. DOT established these criteria and completed the classification in consultation with the Wisconsin School Bus Association, a nonprofit organization that represents school bus companies and serves as Wisconsin's contact to the National Association of State Directors of Pupil Transportation. DOT and Wisconsin School Bus Association examined anecdotal examples known by those organizations and presented to the legislature during hearings on 2003 Senate Bill 350 (enacted as 2003 Wisconsin Act 280). Those anecdotes presented examples of school bus drivers that committed criminal offenses while holding a school bus endorsement who were skilled operators but that had criminal histories that suggested the driver might commit the offense. DOT has no factual data to support those anecdotes.

Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This rule making will prohibit some skillful drivers from obtaining a school bus endorsement, and employment as a school bus driver. To the extent that this rule reduces the pool of school bus drivers, DOT expects that the cost of employing school bus drivers will rise. DOT has no factual data to determine how many bus drivers will be made ineligible by this rule. In its fiscal estimate for 2003 Senate Bill 350 prepared in January, 2004, DOT stated that it issues approximately 2,000 school bus driver endorsements each year, and projected 2,000 background checks per year. DOT has no information regarding how many applicants have resided in other states within the previous two years, or of how many school districts and school bus companies might already be employing criminal background checks as part of their ordinary employment practices.

You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:

http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

Fiscal Effect and Anticipated Costs Incurred by Private Sector: As stated in more detail above, this rule will prohibit some skillful drivers from obtaining a school bus endorsement, and employment as a school bus driver. To the extent that this rule reduces the pool of school bus drivers, DOT expects that the cost of employing school bus drivers will rise. DOT has no information regarding how many school bus companies might already be employing criminal background checks as part of their ordinary employment practices.

Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business November 22, 2004, to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Karen Schwartz, Department of Transportation, Records and Licensing Info Section, Room 351, P. O. Box 7918, Madison, WI 53707-7918. You may also contact Ms. Schwartz by phone at (608) 266-0054.

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

NOTICE IS HEREBY GIVEN that pursuant to ss. 121.555 (3) (c), 121.555 (4) (a), 343.12 (2), 343.20 (1), 343.21 (3), 343.23 (2), 343.237, Stats., and interpreting ss. 121.555 (3) (c), 121.555 (4) (a), 343.12 (2), 343.20 (1), 343.21 (3), 343.23 (2), 343.237, Stats., the Department of Transportation will hold a public hearing on the 15th day of November, 2004, at the Hill Farms State Transportation Building, Room 144-B, 4802 Sheboygan Avenue, Madison, WI, at 1:00 PM, to consider the emergency rule amendment of ch. Trans 112, Wisconsin Administrative Code, relating to medical standards for driver licensing and general standards to school bus endorsements.

Parking for persons with disabilities and an accessible entrance are available.