Wisconsin Stat. s.
343.02 requires that WisDOT administer and enforce the issuance of operator licenses and state identification cards and authorizes WisDOT to promulgate rules WisDOT's secretary considers necessary.
Wisconsin Stat. s.
343.03 (1) (a) and
(b) requires that WisDOT institute a classified driver license system that meets all federal standards.
Wisconsin Stat. s.
343.16 (1) (a) requires that WisDOT conduct written and skills tests, and Wis. Stat. s.
343.16 (1) (b) authorizes WisDOT to contract with and use certain Third Party Testers and Examiners in conducting CDL Skills Tests.
5. Estimates of the Amount of Time that State Employees Will Spend to Develop the Rule And of Other Resources Necessary to Develop the Rule
WisDOT currently estimates that modification to Wis. Admin. Code ch.
Trans 115 will require approximately 500 hours of WisDOT staff time. Other resources necessary to develop the rule include: consultation and discussions with the general public, other impacted state and federal agencies, the Wisconsin Legislature, and the Governor's Office.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The following entities may be affected by the proposed rule:
• All persons who obtain CDL skills testing through a Third Party Tester;
• All Third Party Testers and Examiners that conduct CDL skills tests;
• Any state agency that employs Commercial Motor Vehicle operators or that conducts training or testing of applicants for CDL's.
• The United States Department of Transportation's Federal Motor Carrier Safety Administration, to the extent that it is authorized to review and determine whether WisDOT has complied with the CMVSA.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Of import,
49 C.F.R. parts 383 and
384 establish minimum standards for the required tests, testing, standards, and monitoring of issuance of CDLs in accordance with the CMVSA. Unlike the applicable provisions of
49 C.F.R. parts 383 and
384, Wis. Admin. Code ch.
Trans 115 does not currently:
• Assign the Federal Motor Carrier Safety Administration (“FMCSA") as the federal agency responsible for enforcing the FMCSRs;
• Identify information concerning who is eligible to conduct CDL tests for a driving school;
• Identify the conditions for which a Third Party Tester is granted testing authority;
• Identify the method that Third Party Testers must use to report CDL skills test results to the states;
• Identify the number of tests a Third Party Tester must administer each year to maintain their testing authority;
• Provide a timeframe in which a prospective Third Party Examiner must be free of felony convictions from the it applies for Third Party Examining authority;
• Identify the number of tests the Third Party Examiner must conduct each year to maintain their Third Party Examining authority;
• Identify the frequency with which WisDOT is required to conduct an onsite audit or inspection of a Third Party Tester;
•
Identify the method WisDOT must use to determine the effectiveness of a Third Party testing program;
•
Identify the type and amount of insurance a Third Party Tester must maintain to retain Third Party Tester authority;
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
At this time, WisDOT anticipates that updates to the existing Wis. Admin. Code ch.
Trans 115, which are expected to include modifications that reflect existing state and federal law, will have an indeterminate economic impact. Until the rule is actually drafted, determining the economic impact of the rule is difficult.
9. Contact Person
Jim Miller
Wisconsin Department of Transportation
Division of Motor Vehicles, Bureau of Field Services
(608) 266-2743
