LRB-0063/1
EVM:kjf:kf
2015 - 2016 LEGISLATURE
May 8, 2015 - Introduced by Representatives Spiros,
Ripp and A. Ott, cosponsored
by Senator Petrowski. Referred to Committee on Transportation.
AB209,1,9
1An Act to renumber 343.17 (3) (e) 1. and 346.89 (4);
to renumber and amend
2343.14 (2) (i);
to amend 343.01 (2) (i), 343.03 (3m), 343.04 (2) (b), 343.065 (3)
3(a), 343.07 (1m) (d), 343.07 (3), 343.13 (2), 343.16 (1) (a), 343.16 (1) (b) 3. (intro.),
4343.16 (2) (e), 343.16 (6) (a), 343.17 (3) (e) 2., 343.20 (1) (c), 343.25 (5) and
5343.315 (2) (fm); and
to create 343.04 (2) (bm), 343.14 (2) (im) (intro.), 343.14
6(2) (im) 2m. a., 343.14 (2) (im) 2m. b., 343.16 (1) (b) 3. c., 343.16 (6) (am), 343.17
7(3) (e) 1e., 343.17 (3) (e) 3., 343.17 (3) (e) 4., 343.17 (3) (e) 5., 343.17 (3) (e) 6.,
8343.17 (3) (e) 7., 343.315 (2) (f) 9., 343.315 (2) (f) 10., 343.315 (2) (fp) and 346.89
9(4) (b) of the statutes;
relating to: commercial driver licenses.
Analysis by the Legislative Reference Bureau
This bill makes a number of miscellaneous changes to the statutes related to
commercial motor vehicles (CMVs), including the following:
1. Current law prohibits inattentive driving of a motor vehicle, which means
that a driver of a motor vehicle may not be so engaged or occupied as to interfere with
the safe driving of the vehicle. Current law also specifically prohibits a person who
holds a probationary license or instruction permit from driving a motor vehicle while
using a cellular or other wireless telephone, except to report an emergency.
This bill specifically prohibits a person from driving a CMV while using a
cellular telephone or other wireless telephone, except to report an emergency.
2. Under current law, a person's operator's license may be cancelled for a
variety of reasons. For example, a license may be cancelled if the Department of
Transportation (DOT) finds that the application for the license contained a material
false statement or if a license has been altered and returned to DOT for cancellation.
This bill specifies that the license of a person who secures, or attempts to secure,
a license or endorsement by hiring or permitting another to appear in the person's
place to take an examination or otherwise gaining or attempting to gain a passing
score in an examination by fraud or otherwise obtain a commercial driver license
(CDL) or CDL endorsement by fraud may be cancelled by DOT.
3. Under current law, if DOT has good cause to believe that a licensed operator
is not qualified to be licensed, DOT may require the licensee to submit to an
examination. After the examination, DOT may take any necessary action, including
cancelling the license or permitting the licensee to retain the license subject to
restrictions.
Under this bill, if DOT receives credible information that a person holding a
CDL committed fraud related to the issuance of the CDL, DOT must require the
person to submit to an examination.
4. Under current law, a person licensed to drive a CMV may be disqualified from
operating a CMV for several reasons. Among these, a person may be disqualified
upon being convicted of certain traffic-related offenses that are classified as "serious
traffic violations." A person who is convicted of committing two serious traffic
violations within a three-year period is disqualified from operating a CMV for 60
days and a person who is convicted of committing three serious traffic violations
within a three-year period is disqualified from operating a CMV for 120 days.
Under this bill, driving a motor vehicle while composing or sending a text
message and driving a CMV while using a cellular or other wireless phone are
classified as serious traffic violations.
Also under this bill, a person whose CDL is cancelled because the person
secured, or attempted to secure, a license or endorsement by hiring or permitting
another to appear in the person's place to take an examination or otherwise gained
or attempted to gain a passing score in an examination by fraud or otherwise obtain
a CDL or CDL endorsement by fraud, is disqualified from operating a CMV for one
year.
5. Under current law, a person may be issued a CDL that is subject to certain
standard restrictions. Under current law, these standard restrictions are a
prohibition from operating a CMV in interstate commerce and a restriction from
operating a CMV that is equipped with air brakes.
This bill adds several standard restrictions that may be included on a CDL.
These restrictions indicate that a person is prohibited from one of the following:
operating a CMV equipped with a manual transmission, operating certain large
passenger vehicles, operating tractor-trailer CMVs, operating a CMV equipped with
full air brakes, or operating any CMV without a medical variance.
This bill also does all of the following:
1. Incorporates certain federal regulations regarding the documentation
necessary to receive, and restrictions on, a CDL and requires the labeling of certain
CDLs as nondomiciled licenses.
2. Modifies the standards for determining which vehicles are air brake
equipped.
3. Changes the period of an instruction permit to operate CMVs or school buses
from 6 months to 180 days.
4. Modifies the definition of "tank vehicle" and limits the operation of tank
vehicles by persons holding an instruction permit.
5. Requires on-site inspections of third-party driver skills testers biennially
rather than annually and permits scoring drivers along with the third-party tester
during skills tests as an acceptable manner of evaluating the performance of these
testers.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB209,1
1Section
1. 343.01 (2) (i) of the statutes is amended to read:
AB209,3,112
343.01
(2) (i) "Tank vehicle" means any commercial motor vehicle that is
3designed to transport a liquid or gaseous materials within
a tank tanks having an
4individual rated capacity of more than 119 gallons and an aggregate rated capacity
5of 1,000 gallons or more that
is are either permanently or temporarily attached to the
6commercial motor vehicle or the chassis.
In this paragraph, "tank" does not include
7a portable tank, as defined in 49 CFR 171.8, having a rated capacity under 1,000
8gallons. "Tank vehicle" does not include a commercial motor vehicle transporting an
9empty storage container tank if the tank is not designated for transportation, has a
10rated capacity of 1,000 gallons or more, and is temporarily attached to a flatbed
11trailer. In this paragraph, "liquid" has the meaning given in
49 CFR 171.8.
AB209,2
12Section
2. 343.03 (3m) of the statutes is amended to read:
AB209,4,713
343.03
(3m) Noncitizen temporary limited-term license. If the issuance of
14any license described under sub. (3) requires the license applicant to present any
1documentary proof specified in s. 343.14 (2) (es)
4. 2. to 7.
or (im) 2m. b., the license
2shall display on the front side of the license, in addition to any legend or label
3described in sub. (3), a legend identifying the license as
temporary limited term or,
4if the license authorizes the operation of a commercial motor vehicle, as a
5nondomiciled license. This noncitizen
temporary
limited-term license may not be
6renewed except as provided in s. 343.165 (4) (c).
A nondomiciled license may not be
7issued to a resident of Canada or Mexico.
AB209,3
8Section
3. 343.04 (2) (b) of the statutes is amended to read:
AB209,4,119
343.04
(2) (b)
Air Full air brakes equipped. Air Full air brakes equipped
10vehicles are commercial motor vehicles equipped with a braking system operating
11fully
or partly on the air brake principle.
AB209,4
12Section
4. 343.04 (2) (bm) of the statutes is created to read:
AB209,4,1613
343.04
(2) (bm)
Partial air brakes equipped. Partial air brakes equipped
14vehicles are commercial motor vehicles equipped with a braking system operating
15partially on the air brake principle and partially on the air over hydraulic brake
16principle.
AB209,5
17Section
5. 343.065 (3) (a) of the statutes is amended to read:
AB209,4,2318
343.065
(3) (a) If a person issued any commercial driver license under this
19chapter authorizing operation of commercial motor vehicles in interstate commerce
20does not have on file with the department a current certification specified in s. 343.14
21(2)
(i) 1. (im) 1m. a. covering the person's physical qualifications, the department may
22downgrade the commercial driver license to a restricted commercial driver license
23under this section and impose a "K" restriction on the license.
AB209,6
24Section
6. 343.07 (1m) (d) of the statutes is amended to read:
AB209,5,5
1343.07
(1m) (d) No person holding an instruction permit issued under this
2subsection may operate
a tank vehicle unless the tanks are empty and, if the tanks
3contained hazardous materials, purged or a vehicle transporting hazardous
4materials requiring placarding or any quantity of a material listed as a select agent
5or toxin under
42 CFR 73.
AB209,7
6Section
7. 343.07 (3) of the statutes is amended to read:
AB209,5,127
343.07
(3) Duration; cancellation. An instruction permit to operate vehicles
8other than commercial motor vehicles or school buses is valid for 12 months except
9that it may be canceled upon receipt of information, by the secretary, of
10noncompletion or unsatisfactory completion of a driver education and training
11course by a permittee under the age of 18. An instruction permit to operate
12commercial motor vehicles or school buses is valid for
6 months 180 days.
AB209,8
13Section
8. 343.13 (2) of the statutes is amended to read:
AB209,5,1814
343.13
(2) Notwithstanding sub. (1), the department shall restrict the
15commercial driver license of any person to
prohibit the operation of any motor vehicle
16equipped with air brakes if the person fails the portion of an examination under s.
17343.16 relating to air brakes or the person's driving skills test is conducted in a motor
18vehicle not equipped with air brakes comply with 49 CFR 383.
AB209,9
19Section
9. 343.14 (2) (i) of the statutes is renumbered 343.14 (2) (im) 1m., and
20343.14 (2) (im) 1m. (intro.), as renumbered, is amended to read:
AB209,5,2221
343.14
(2) (im) 1m. (intro.) A certification by the applicant
for a commercial
22driver license that he or she either:
AB209,10
23Section
10. 343.14 (2) (im) (intro.) of the statutes is created to read:
AB209,6,3
1343.14
(2) (im) (intro.) In addition to the information required under this
2subsection, the application form for a commercial driver license shall include all of
3the following:
AB209,11
4Section
11. 343.14 (2) (im) 2m. a. of the statutes is created to read:
AB209,6,95
343.14
(2) (im) 2m. a. Notwithstanding par. (es), if the person is applying for
6a commercial driver license other than a license under s. 343.03 (3m), acceptable
7proof under
49 CFR 383.71 (b) (9) that the individual is a citizen or national of the
8United States or an alien lawfully admitted for permanent residence in the United
9States.
AB209,12
10Section
12. 343.14 (2) (im) 2m. b. of the statutes is created to read:
AB209,6,1311
343.14
(2) (im) 2m. b. Notwithstanding par. (es), if the person is applying for
12a commercial driver license under s. 343.03 (3m), acceptable documentation under
1349 CFR 383.71 (f) (2) (i).
AB209,13
14Section
13. 343.16 (1) (a) of the statutes is amended to read:
AB209,7,2515
343.16
(1) (a)
General. Except when examination by a 3rd-party tester is
16permitted under pars. (b) to (c), the department shall examine every applicant for an
17operator's license, including applicants for license renewal as provided in sub. (3),
18and every applicant for authorization to operate a vehicle class or type for which the
19applicant does not hold currently valid authorization, other than an instruction
20permit. Except as provided in sub. (2) (cm) and (e), the examinations of applicants
21for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or
22"Class M" vehicles shall include both a knowledge test and an actual demonstration
23in the form of a driving skills test of the applicant's ability to exercise ordinary and
24reasonable control in the operation of a representative vehicle. The department shall
25not administer a driving skills test to a person applying for authorization to operate
1"Class M" vehicles who has failed 2 previous such skills tests unless the person has
2successfully completed a rider course approved by the department. The department
3may, by rule, exempt certain persons from the rider course requirement of this
4paragraph. The department may not require a person who is applying for
5authorization to operate "Class M" vehicles and who has successfully completed a
6rider course approved by the Wisconsin department of transportation motorcycle
7safety program to hold an instruction permit under s. 343.07 (4) prior to the
8department's issuance of a license authorizing the operation of "Class M" vehicles.
9The department may not require a person applying for authorization to operate
10"Class M" vehicles who holds an instruction permit under s. 343.07 (4) to hold it for
11a minimum period of time before administering a driving skills test. The driving
12skills of applicants for endorsements authorizing the operation of commercial motor
13vehicles equipped with air brakes, the transportation of passengers in commercial
14motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b),
(bm), 15(d) or (e), shall also be tested by an actual demonstration of driving skills. The
16department may endorse an applicant's commercial driver license for transporting
17hazardous materials requiring placarding or any quantity of a material listed as a
18select agent or toxin under
42 CFR 73, subject to s. 343.125, or for the operation of
19tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2)
20(a), (c) or (f), based on successful completion of a knowledge test. In administering
21the knowledge test, the department shall attempt to accommodate any special needs
22of the applicant. Except as may be required by the department for an "H" or "S"
23endorsement, the knowledge test is not intended to be a test for literacy or English
24language proficiency. This paragraph does not prohibit the department from
25requiring an applicant to correctly read and understand highway signs.
AB209,14
1Section
14. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:
AB209,8,82
343.16
(1) (b) 3. (intro.) At least
annually biennially, the department shall
3conduct an on-site inspection of the 3rd-party tester to determine compliance with
4the contract and with department and federal standards for testing applicants for
5commercial driver licenses and with department standards for testing applicants for
6school bus endorsements and applicants for operators' licenses to operate "Class D"
7vehicles.
At least annually, the The department shall also evaluate testing given by
8the 3rd-party tester by one of the following means:
AB209,15
9Section
15. 343.16 (1) (b) 3. c. of the statutes is created to read:
AB209,8,1110
343.16
(1) (b) 3. c. The department shall score drivers along with the 3rd-party
11tester during skills tests to compare the scoring results.
AB209,16
12Section
16. 343.16 (2) (e) of the statutes is amended to read:
AB209,8,1713
343.16
(2) (e)
Farm service industry employee waiver. To the extent permitted
14under applicable federal law or regulation, the department may waive any
15knowledge test and shall waive the commercial driver license driving skills test of
16a person applying for an "F" endorsement, except as provided under s. 343.16 (5) or
17(6)
(a).
AB209,17
18Section
17. 343.16 (6) (a) of the statutes is amended to read:
AB209,9,219
343.16
(6) (a)
Whenever Except as provided in par. (am), whenever the
20secretary has good cause to believe that a licensed operator is incompetent or
21otherwise not qualified to be licensed, the secretary may, upon written notice of at
22least 5 days to the licensee, require the licensee to submit to an examination
23including all or part of the tests specified in sub. (1). Upon the conclusion of such
24examination the secretary shall take such action as is appropriate under this
1chapter, including cancellation of the license or permitting the licensee to retain the
2license subject to such restrictions as the secretary may order or without restrictions.
AB209,18
3Section
18. 343.16 (6) (am) of the statutes is created to read:
AB209,9,94
343.16
(6) (am) If the secretary receives credible information that a person
5holding a commercial driver license committed fraud related to the issuance of the
6license, the secretary shall provide written notice to the person that the person is
7required to submit to an examination, including all or part of the tests required under
8sub. (1). A person receiving a notice under this paragraph shall, within 30 days of
9receiving notice, arrange to take the next available examination.
AB209,19
10Section
19. 343.17 (3) (e) 1. of the statutes is renumbered 343.17 (3) (e) 1m.
AB209,20
11Section
20. 343.17 (3) (e) 1e. of the statutes is created to read:
AB209,9,1312
343.17
(3) (e) 1e. "E" restriction, which prohibits a person from operating
13commercial motor vehicles equipped with a manual transmission.
AB209,21
14Section
21. 343.17 (3) (e) 2. of the statutes is amended to read:
AB209,9,1615
343.17
(3) (e) 2. "L" restriction, which prohibits a person from operating
16commercial motor vehicles equipped with air brakes
, as required in s. 343.13 (2).
AB209,22
17Section
22. 343.17 (3) (e) 3. of the statutes is created to read:
AB209,9,1918
343.17
(3) (e) 3. "M" restriction, which prohibits a person from operating "Class
19A" passenger commercial motor vehicles.
AB209,23
20Section
23. 343.17 (3) (e) 4. of the statutes is created to read:
AB209,9,2221
343.17
(3) (e) 4. "N" restriction, which prohibits a person from operating "Class
22A" and "Class B" passenger commercial motor vehicles.