110.075(6)
(6) The secretary shall set standards and adopt rules to establish a plan of inspection to implement the inspection program provided by this section. Nothing in this section shall permit the department to promulgate any rule under which the provisions of
49 CFR 393 and
396 are applicable to, or enforceable with respect 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), and the vehicle combination is operated solely in intrastate commerce.
110.075(7)
(7) Any person producing, manufacturing or using an inspection sticker or causing the same to be done to subvert the provisions of this section shall forfeit not less than $100 nor more than $500. Any persons otherwise violating this section,
s. 110.06,
ch. 347 or rules issued pursuant thereto, unless otherwise provided by statute, shall forfeit not less than $10 nor more than $200.
110.075 Cross-reference
Cross Reference: See also Trans 327, Wis. adm. code.
110.075 Annotation
A corporate employer may be liable for violation of this section. Town of East Troy v. A-1 Service Co., Inc.
196 Wis. 2d 120,
537 N.W.2d 126 (Ct. App. 1995),
94-0610.
110.08
110.08
State operator's license examiner system. 110.08(1)(1) The department shall employ a sufficient number of operator's license examiners. The department may contract for specialists in driver's license examining to augment the department's training program for examiners.
110.08(1m)
(1m) Each operator's license examiner shall receive informational training on the powers and duties of the department relating to organ donor information under
s. 343.175 once every 2 years and, for operator's license examiners hired after January 1, 1997, prior to initial assignment to operator's license examining activities. The informational training under this subsection shall be developed by all organ procurement organizations, as defined in
s. 340.01 (41k), in cooperation with the department.
110.08(2)
(2) Except as provided under
s. 343.16 (1) (b) and
(c), all examinations for operator's licenses and permits shall be given by state examiners.
110.08(3)
(3) The department shall employ state examiners, driver improvement personnel and clerical personnel at local examining centers, under the classified service.
110.08(4)
(4) The department shall employ, train and assign sufficient driver improvement personnel to carry out an intensive driver improvement program including the reexamination and personal interview of problem drivers.
110.09
110.09
Background investigations of certain persons. 110.09(1)(a)
(a) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department of transportation, with the assistance of the department of justice, shall conduct a background investigation of any person who has been selected to fill a position within the division of the department of transportation responsible for issuing operator's licenses and identification cards. This background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
110.09(1)(b)
(b) Notwithstanding
ss. 111.321,
111.322, and
111.335, at any interval determined appropriate by the department, the department may conduct, in the manner specified in
par. (a), additional background investigations of any person for whom an initial background investigation has been conducted under
par. (a) and background investigations of other persons employed by the department within the division of the department responsible for issuing operator's licenses and identification cards.
110.09(1)(c)
(c) The department shall promulgate rules governing confidentiality of information obtained under this subsection.
110.09(2)
(2) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department shall require, as a precondition to allowing access to any information system in which is stored information maintained by the division of the department responsible for issuing operator's licenses and identification cards, that any person to whom access is granted submit to a background investigation as provided in this subsection. Notwithstanding
ss. 111.321,
111.322, and
111.335, the department shall require the employer, including any state agency, of any person to whom the information will be made available to conduct the background investigation in a manner prescribed by the department. The department may require, as part of this background investigation, that the person be fingerprinted in the manner described in
sub. (1) (a) and that these fingerprints be provided to the department of justice for submission to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. Notwithstanding
ss. 111.321,
111.322, and
111.335, the department shall require that the employer certify the results of the background investigation and, based upon these results, may deny or restrict access to any information requested. In addition to the initial background investigation required under this subsection, the department may require on a periodic basis subsequent background investigations consistent with this subsection for persons with ongoing access to information. Any cost associated with the requirements under this subsection is the responsibility of the employer. For purposes of this subsection, "employer" includes a self-employed person. The department shall promulgate rules governing background investigations, and confidentiality of information obtained, under this subsection.
110.09 History
History: 2007 a. 20.
110.10
110.10
Ignition interlock device program. The department shall promulgate rules providing for the implementation of an ignition interlock device program that will be conveniently available to persons throughout this state. The rules shall include provisions regarding all of the following:
110.10(1)
(1) The selection of persons to install, service and remove ignition interlock devices from motor vehicles.
110.10(2)
(2) The periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an ignition interlock device.
110.10(3)
(3) Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntary use of ignition interlock devices.
110.10(4)
(4) Requiring ignition interlock device providers operating in this state to provide the department and law enforcement agencies designated by the department with installation, service, tampering and failure reports in a timely manner.
110.10(5)
(5) Requiring ignition interlock device providers to notify the department of any ignition interlock device tampering, circumvention, bypass or violation resets, including all relevant data recorded in the device's memory. Upon receiving notice described in this subsection, the department shall immediately provide the notice and data to the assessment agency that is administering the violator's driver safety plan.
110.10 History
History: 1999 a. 109,
186.
110.10 Cross-reference
Cross Reference: See also ch.
Trans 313, Wis. adm. code.
110.20
110.20
Motor vehicle emission inspection and maintenance program. 110.20(1)(1)
Definitions. In this section, unless the context requires otherwise:
110.20(1)(am)
(am) "Federal act" means the federal clean air act,
42 USC 7401 et seq., and regulations issued by the federal environmental protection agency under that act.
110.20(1)(b)
(b) "Nonexempt vehicle" means any motor vehicle as defined under
s. 340.01 (35) which is owned by the United States or which is required to be registered in this state and to which one or more emission limitations adopted under
s. 285.30 (2) applies.
110.20(1)(c)
(c) "Nontransient emissions inspection" means an emissions inspection conducted on a vehicle without the use of a chassis dynamometer to vary vehicle engine loads.
110.20(2)
(2) Program established. The department shall establish an inspection and maintenance program as provided in this section.
110.20(3)(a)(a) The inspection and maintenance program shall be designed to determine compliance with the emission limitations promulgated under
s. 285.30 (2) and compliance with
s. 285.30 (6).
110.20(3)(c)
(c) The inspection and maintenance program may be designed to provide information on the fuel efficiency of nonexempt vehicles.
110.20(3)(d)
(d) The inspection and maintenance program shall be designed and operated to comply with the requirements of the federal act.
110.20(4)
(4) Departmental cooperation. The department shall consult and cooperate with the department of natural resources in order to efficiently and fairly establish and administer the program established under this section.
110.20(5)
(5) Counties. The department shall operate the inspection and maintenance program in each of the following counties:
110.20(5)(a)
(a) Any county identified in a certification under
s. 285.30 (3). The department shall terminate the program in the county at the end of the contractual period in effect when the county is withdrawn under
s. 285.30 (4).
110.20(5)(b)
(b) Any county whose board of supervisors has adopted a resolution requesting the department to establish an inspection and maintenance program in the county for the purpose of improving ambient air quality beyond the standards mandated by section 7409 of the federal act. The department shall terminate the program in the county at the end of the contractual period in effect when the county board adopts a resolution requesting termination of the program.
110.20(6)(a)(a) The program shall require an emissions inspection under
sub. (11) of any nonexempt vehicle customarily kept in a county identified in
sub. (5) as follows:
110.20(6)(a)1.
1. For a nonexempt vehicle required to be registered on an annual or other periodic basis in this state, within the period of time specified by the department under
sub. (9) (d) prior to renewal of registration in the 4th year after the nonexempt vehicle's model year and every 2 years thereafter, except as provided in
sub. (9) (j).
110.20(6)(a)2.
2. For a nonexempt vehicle required to be registered on an annual or other periodic basis in this state, within the period of time specified by the department under
sub. (9) (d) of registration other than renewal if the year of registration is at least 6 years after the nonexempt vehicle's model year.
110.20(6)(a)3.
3. For a nonexempt vehicle that is registered under
s. 341.26 (2m), owned by the United States or subject to one-time registration, at any time during the 4th year following the nonexempt vehicle's model year and every 2 years thereafter.
110.20(6)(a)4.
4. For a nonexempt vehicle, whenever the owner of the vehicle is notified under
sub. (9) (g) that an emissions inspection must be performed.
110.20(6)(b)
(b) The program shall require an air pollution control equipment inspection to determine compliance with
s. 285.30 (6) of any nonexempt vehicle customarily kept in a county identified in
sub. (5) whenever a nontransient emissions inspection is performed or at the time of application for a waiver under
sub. (13).
110.20(6m)
(6m) Prohibited inspections. The department may not require an emissions inspection of any vehicle prior to the inspection of the vehicle scheduled under
sub. (6) (a) 1. or
(9) (d) or
(j) if an interest in the vehicle is transferred to a surviving spouse under
s. 342.17 (4).
110.20(7)
(7) Voluntary inspections. The inspection and maintenance program shall require inspection of any nonexempt vehicle which a person presents for inspection at an inspection station or at any other location where, as established under
sub. (8) (bm), the vehicle may be inspected.
110.20(8)
(8) Contractors and other inspection methods. 110.20(8)(am)1.1. The emissions test and equipment inspection of nonexempt vehicles may be performed by persons under contract with the department. Each such contract shall require the contractor to operate inspection stations for a minimum of 3 years and shall provide for equitable compensation to the contractor if the operation of an inspection and maintenance program within any county is terminated within 3 years after the inspection and maintenance program in the county is begun. No officer, director or employee of the contractor may be an employee of the department or a person engaged in the business of selling, maintaining or repairing motor vehicles or of selling motor vehicle replacement or repair parts. The department shall require the contractor to operate a sufficient number of inspection stations, permanent or mobile, to ensure public convenience in those counties identified under
sub. (5).
110.20(8)(am)1m.
1m. Each contract under
subd. 1. may authorize or require the contractor to install and operate self-service inspection stations and may allow the use of different methods for emissions testing and equipment inspection, consistent with methods established under
par. (bm), than those used at inspection stations that are not self-service.
110.20(8)(am)2.
2. The department may require the contractor to test the fuel efficiency of nonexempt vehicles during emission inspections.
110.20(8)(am)3.
3. The department may delegate to the contractor specified registration functions of the department under
ch. 341. The department may direct the contractor to perform specified registration functions under
ch. 341.
110.20(8)(am)4.
4. The department may delegate to the contractor functions associated with the issuance of a temporary operating permit under
sub. (10) (b) or the waiver of compliance under
sub. (13) (a) or both.
110.20(8)(am)5.
5. No inspection station may be established within 0.5 mile of an air monitoring station which reported a violation during the period from 1976 to 1979 of the carbon monoxide primary national ambient air quality standard as defined by the department of natural resources.
110.20(8)(am)6.
6. The contractor shall collect, maintain and report data as the department requires. The department shall reserve the right to enter and inspect test station premises, equipment and records at all reasonable times in the discharge of its administrative duties.
110.20(8)(bm)
(bm) The department may establish methods for emissions testing and equipment inspection of nonexempt vehicles in addition to testing and inspection by contractors. These methods may include the installation and operation by the department of self-service inspection stations and the utilization of any technology related to emissions or data transmission with which motor vehicles may be equipped. The department may establish methods for emissions testing and equipment inspection specifically applicable to self-service inspection stations, which methods shall apply equally to self-service inspection stations operated by contractors under
par. (am) 1m. and self-service inspection stations operated by the department under this paragraph.
110.20(9)
(9) Rules. The department shall promulgate rules which:
110.20(9)(a)
(a) Specify procedures for the inspection of vehicles, including the method of measuring emissions, the types of equipment which may be used in performing the measurements and the calibration requirements for the equipment. The procedures and methods shall be capable of being correlated with the federal test procedures established under section 7525 of the federal act.
110.20(9)(b)
(b) Prescribe a procedure for determining whether the cost of necessary repairs and adjustments exceeds the limit under
sub. (13).
110.20(9)(c)
(c) Specify procedures under which a vehicle may be refused inspection for safety reasons or for defects which would result in inaccurate measurement of emissions.
110.20(9)(d)
(d) Specify a period of time during which an emissions inspection must be performed for a nonexempt vehicle subject to
sub. (6) (a) 1. or
2.
110.20(9)(e)
(e) Prescribe a procedure for conducting all federally required performance audits of inspection and maintenance program operations and personnel and all enforcement against contractors required by
40 CFR 51.364.
110.20(9)(f)
(f) Establish a performance monitoring system to inform the public regarding repair efficacy.
110.20(9)(g)
(g) Prescribe a procedure for remote sensing of not less than 0.5% of nonexempt vehicles and, for such vehicles that grossly exceed applicable emission limitations, as determined by the department, notifying vehicle owners by mail that an emissions inspection must be performed under
sub. (6) (a) 4.
110.20(9)(h)
(h) Provide procedures for identifying any nonexempt vehicle subject to a recall by the manufacturer of the vehicle that is related to emissions and ensuring motorist compliance with the recall.
110.20(9)(i)
(i) Provide a procedure for detecting and preventing the fraudulent classification of any nonexempt vehicle as a vehicle that is not a nonexempt vehicle.
110.20(9)(j)
(j) Prescribe an annual frequency for inspection for any model year subset of nonexempt vehicles if the department determines annual inspection to be appropriate after additional program evaluation.
110.20(9)(k)
(k) Prescribe a procedure for any method for emissions testing and equipment inspection established under
sub. (8) (bm).
110.20(10)
(10) Reciprocity; temporary operating permit and exemptions. The department may promulgate rules which:
110.20(10)(a)
(a) Authorize the acceptance of an inspection performed in another state instead of an inspection required under this section if the inspection in the other state was performed under procedures, requirements and standards comparable to those required under this section and it satisfies the requirements of the federal act.
110.20(10)(b)
(b) Authorize the issuance of a temporary operating permit, valid for not more than 30 days, to allow time for inspection and necessary repairs and adjustments of any motor vehicle subject to inspection under
sub. (6).
110.20(10)(c)
(c) Permit a temporary exemption for nonexempt vehicles absent from an emissions inspection area.
110.20(10)(d)
(d) Authorize the issuance of a certificate of compliance for nonexempt vehicles that fail the inspection tests under
sub. (11) (a) for applicable emission limitations but complete a comprehensive physical and functional diagnostic inspection which indicates that no adjustments or repairs will bring the vehicle into compliance with applicable emissions limitations.
110.20(10m)
(10m) Reinspection. The owner of a nonexempt vehicle inspected under this section is entitled, if the inspection determines that any applicable emission limitation is exceeded, to one reinspection of the same vehicle at any inspection station within this state operated by a contractor under
sub. (8) (am), or at any other location where, as established under
sub. (8) (bm), the vehicle was initially inspected, if the reinspection takes place within 30 days after the initial inspection or the owner presents satisfactory evidence that the repairs and adjustments which were performed on the vehicle could not have been made within 30 days of the initial inspection.
110.20(11)(a)(a) A contractor shall perform the tests required under the federal act, and any testing and inspection method established under
sub. (8) (bm) shall include the tests required under the federal act. The tests shall include one of the approved short tests required by the federal act to determine compliance with applicable emission limitations for carbon monoxide, hydrocarbons and oxides of nitrogen. The department may require contractors to provide information on the fuel efficiency of the motor vehicle.
110.20(11)(b)
(b) The department shall require each contractor to furnish the results of the emissions inspection in writing to the person presenting the vehicle for inspection before he or she departs from the inspection station. For emissions inspections not conducted by a contractor, the department shall require any testing and inspection method established under
sub. (8) (bm) to include the contemporaneous furnishing of the results of the emissions inspection in writing to the person having the vehicle inspected. If the inspection shows that the vehicle does not comply with one or more applicable emissions limitations, the results shall include, to the extent possible, a description of the noncompliance and the adjustments or repairs likely to be needed for compliance.
110.20(12)
(12) Repairs. Repairs or adjustments necessary to bring a vehicle into compliance with applicable emissions limitations are the responsibility of the vehicle owner and may be made by the owner or any person selected by the owner. For a nonexempt vehicle with a model year of 1981 or later, only repairs performed by automotive repair technicians, as defined by the department by rule, shall be valid for the issuance of a waiver of compliance under
sub. (13).
110.20(13)(a)(a) The department shall issue a waiver of compliance valid until the next required inspection of the vehicle under
sub. (6) if the owner presents satisfactory evidence to the department that the actual costs of repairs performed on a vehicle in accordance with an inspection report under
sub. (11) (b) exceeded the repair cost limit established under
par. (b).
110.20(13)(b)
(b) The department of natural resources shall, by rule, establish the amount of the repair cost limit to equal the amount required under
42 USC 7511a (b)
4. or (c) (3) (C).
110.20(13)(c)
(c) In determining the costs of repairs and adjustments included in the repair cost limit, the following costs shall be excluded:
110.20(13)(c)2.
2. Costs necessary to repair or replace any emissions control system or mechanism which has been removed, dismantled or rendered inoperative in violation of
s. 285.30 (6) or rules promulgated under that section.
