AB454,12
24Section
12. Trans 31.03 (6) (b) of the administrative code is amended to read:
AB454,5,3
1Trans 31.03
(6) (b) An application which has been denied by
BR&H RHS in
2accordance with sub. (5) (b) 2. or 3. may be resubmitted with the additional
3information identified in
BR&H's RHS's letter denying the original application.
AB454,13
4Section
13. Trans 31.03 (6) (c) of the administrative code is amended to read:
AB454,5,75
Trans 31.03
(6) (c) An application which has been denied by
BR&H RHS in
6accordance with sub. (5) (b) 4. or 5. may not be resubmitted until after the sanctions
7imposed by s. Trans 31.07 (3) have expired.
AB454,14
8Section
14. Trans 31.03 (8) of the administrative code is amended to read:
AB454,5,119
Trans 31.03
(8) Any permit issued by the department shall expire on the date
10specified by
BR&H RHS. In no event shall a permit expire later than December 31
11of the year in which the application proposes operation to commence.
AB454,15
12Section
15. Trans 31.04 (1) (h) 2. of the administrative code is amended to
13read:
AB454,5,1614
Trans 31.04
(1) (h) 2. All active grade-crossing warning devices are functional
15and can be operated by the equipment proposed to be used unless
BR&H RHS waives
16this requirement in writing on the permit.
AB454,16
17Section
16. Trans 31.04 (1) (k) 1. of the administrative code is amended to read:
AB454,5,2018
Trans 31.04
(1) (k) 1.
An Maintenance of an established escrow account
19approved by the department with a Wisconsin financial institution for the deposit of
20all
amounts received from buyers in advance ticket sales.
AB454,17
21Section
17. Trans 31.04 (1) (k) 2. of the administrative code is amended to read:
AB454,6,622
Trans 31.04
(1) (k) 2. A financial instrument
, including a bond, a certificate of
23deposit, or an irrevocable letter of credit, from a Wisconsin financial institution in
24an amount sufficient to refund the expected advance payments for service
and
25department administrative costs of processing refunds in the event that the
1excursion is not operated for any reason.
The financial instrument described in this
2subdivision shall be established in favor of or made payable to the state, for the
3benefit of any buyer who does not receive a refund if performance of the event for
4which a ticket has been purchased has been cancelled or rescheduled. An applicant
5shall file with the department any agreement, instrument, or other document
6necessary to enforce the commitment against the sponsor or any relevant 3rd party.
AB454,18
7Section
18. Trans 55.02 (2m) of the administrative code is created to read:
AB454,6,108
Trans 55.02
(2m) "Approach" means areas beyond the runway end intended
9to provide safe navigable airspace for aircraft arrivals and departures to and from
10a landing facility.
AB454,19
11Section
19. Trans 55.06 (3) (a) of the administrative code is amended to read:
AB454,6,1912
Trans 55.06
(3) (a)
An airport owner shall maintain clear and safe runway
13protection zones as described in FAA advisory circular 150/5300-13, Airport Design,
14as amended, except for runway lighting fixtures, markers and metrological
15instruments whose locations are fixed by their functional purposes or a structure
16approved by the FAA. The owner shall establish positive control of the runway
17protection zones through the acquisition of fee title or
avigation easement. The
18owner shall prevent the erection or creation of a structure or place of public assembly
19in the runway protection zone.
AB454,20
20Section
20. Trans 55.06 (4) (a) of the administrative code is amended to read:
AB454,6,2321
Trans 55.06
(4) (a)
A public airport owner shall adopt the following ordinances
22within 6 months after
receipt of a sample ordinance
receiving notice from the
23secretary:
AB454,21
24Section
21. Trans 55.06 (8) (c) of the administrative code is amended to read:
AB454,7,7
1Trans 55.06
(8) (c)
The airport layout plan and each amendment, revision or
2modification to the plan shall be subject to the approval of the secretary
, which
3approval shall be evidenced by the signature of a duly authorized representative of
4the secretary on the face of the airport layout plan. The airport owner may not make
5or permit a change or alteration in the airport or in any of its facilities other than in
6conformity with the airport layout plan as approved by the secretary if the changes
7or alterations might adversely affect the safety, utility or efficiency of the airport.
AB454,22
8Section
22. Trans 56.04 (3) (b) 3. of the administrative code is repealed and
9recreated to read:
AB454,7,1110
Trans 56.04
(3) (b) 3. Latitude and longitude coordinates of the proposed
11structure.
AB454,23
12Section
23. Trans 56.04 (3) (b) 4. of the administrative code is repealed.
AB454,24
13Section
24. Trans 56.04 (3) (b) 5. to 9. of the administrative code are
14renumbered Trans 56.04 (3) (b) 4. to 8.
AB454,25
15Section
25. Trans 56.05 (1) of the administrative code is amended to read:
AB454,7,1916
Trans 56.05
(1) All marking and lighting shall be in accordance with the
17standards prescribed in the FAA publication, AC 70/7460-1H, "Obstruction Marking
18and Lighting," as amended latest FAA obstruction marking and lighting standards.
19The applicant shall comply with designated FAA and FCC marking and lighting.
AB454,26
20Section
26. Trans 57.04 (1) (b) of the administrative code is amended to read:
AB454,8,421
Trans 57.04
(1) (b) A displaced threshold shall be marked similar to attached
22diagram B for runways with other than paved surfaces. Runways with paved
23surfaces shall be marked in accordance with
the latest FAA
advisory circular
24150/5340-1G, "Standards for Airport Markings," September 27, 1993
marking
25standards. In addition, if the runway is lighted,
the displaced threshold it shall be
1lighted in accordance with
FAA advisory circular 150/5340-24, "Runway and
2Taxiway Edge Lighting System," September 3, 1975. It applies to low intensity
3runway lighting systems and medium intensity systems the latest FAA lighting
4standards.
AB454,27
5Section
27. Trans 57.05 (2) (f) of the administrative code is amended to read:
AB454,8,96
Trans 57.05
(2) (f)
FR IFR and VFR traffic considerations. A certificate of site
7approval may be denied if the proposed site underlies the airspace in the primary
8approach area for an instrument approach, and the traffic pattern altitude conflicts
9with published altitudes for the approach.
AB454,28
10Section
28. Trans 100.01 (2) (note) of the administrative code is amended to
11read:
AB454,8,2512
Trans 100.01
(2) (note)
For purposes of accident reporting, at least one car,
13truck, bus, or motorcycle must be in transport for the department to consider the
14accident reportable. For information on occupational licenses, see s. Trans 117.03 (2)
15(k). Forms used in this chapter are MV 3038 resolution authorizing power of
16attorney under ch. 344, Stats., MV 3039 minors release, MV 3041 release of liability,
17MV 3044 evaluation of property damage, MV 3045 evaluation of personal injuries,
18MV 3046 evaluation of motor vehicle damage, MV 3069 application for
19self-insurance, MV 3070 safety responsibility self-insurance certificate, MV 3100
20notice of incomplete report, MV 3128 installment agreement to pay damages, MV
213343 compliance notification, MV 3347 emergency vehicle involvement, MV 3384
22safety responsibility information, MV 3385 informational letter to injured party, and
23MV 3387 reinstatement instructions, MV 4000 Wisconsin motor vehicle accident
24report. Forms may be obtained, free of charge, from Wisconsin Department of
25Transportation, Traffic Accident Section, P.O. Box 7919, Madison, WI 53707-7919.
AB454,29
1Section
29. Trans 100.03 (3) of the administrative code is amended to read:
AB454,9,122
Trans 100.03
(3) The department shall assume that all accident reports it
3receives from enforcement agencies or operators meet the reporting criteria of s.
4346.70 (1), Stats., or the minimum requirements for safety responsibility act under
5s.
343.12 344.12, Stats. An accident report filed by a police agency for an accident
6that is not reportable shall be returned to the reporting agency. A report from
7another source for an accident that is not reportable shall be discarded. If the
8department determines from credible evidence received, which could include
9property damage estimates or signed statements, that an accident that has been
10abstracted as part of a driver's record is not reportable, the accident will not be
11included in a public abstract of the driver's driver record maintained under s. 343.23,
12Stats.
AB454,30
13Section
30. Trans 100.07 (1) (note) of the administrative code is repealed.
AB454,31
14Section
31. Trans 100.07 (2) (a) of the administrative code is amended to read:
AB454,9,2015
Trans 100.07
(2) (a) If the department determines that one or more people
16involved in an accident were uninsured, the department may mail evaluation reports
17to all other persons involved in the accident.
The date on which the department first
18mails evaluation reports to any person shall be considered the "mailing date" under
19this subsection. The department shall mail the evaluation reports to the address
20provided in the accident report.
AB454,32
21Section
32. Trans 100.07 (2) (b) (intro.) and 2. (intro) of the administrative
22code are consolidated, renumbered Trans 100.07 (2) (b) (intro.) and amended to read:
AB454,9,2423
Trans 100.07
(2) (b) (intro.) In determining the amount of security required
:
242. The the department
may shall consider an evaluation report filed with the
1department
more than 21 days after the mailing date if it meets all of the following
2requirements:
AB454,33
3Section
33. Trans 100.07 (2) (b) 1. of the administrative code is repealed.
AB454,34
4Section
34. Trans 100.07 (2) (b) 2. a. and b. of the administrative code are
5renumbered Trans 100.07 (2) (b) 1m. and 2m.
AB454,35
6Section
35. Trans 100.07 (5) of the administrative code is amended to read:
AB454,10,107
Trans 100.07
(5) The department shall make a determination of the amount
8of security required for an accident within
90 days of receiving an accident report one
9year of the date of the accident, or at such later date as individual circumstances of
10an accident may require.
AB454,36
11Section
36. Trans 100.07 (6) (b) 2. of the administrative code is repealed.
AB454,37
12Section
37. Trans 100.07 (6) (b) 5. of the administrative code is created to read:
AB454,10,1413
Trans 100.07
(6) (b) 5. The uninsured has complied with neither Trans 100.12
14nor 100.13.
AB454,38
15Section
38. Trans 100.08 (7) (b) of the administrative code is amended to read:
AB454,10,2116
Trans 100.08
(7) (b) More than one year after the date of deposit or date of
17suspension, whichever is
later earlier, has passed and no notice of the
18commencement of a court action has been filed by a party in interest. In calculating
19the time period under this subsection, any period of time a claimant was stayed from
20commencing an action against the owner, operator or bond because of a bankruptcy
21proceeding may not be considered.
AB454,39
22Section
39. Trans 100.10 (7) of the administrative code is amended to read:
AB454,11,223
Trans 100.10
(7) Hearings shall be informal. Hearsay and documentary
24evidence may be received by the hearing examiner and relied upon as the basis for
25a decision.
Telephone testimony Testimony of persons involved in the accident may
1not be permitted
by telephone, electronic submission of documents, or other remote
2communication method.
AB454,40
3Section
40. Trans 100.18 (1) (e) of the administrative code is amended to read:
AB454,11,54
Trans 100.18
(1) (e) More than
20
5 years from the entry date of the judgment
5have elapsed.
AB454,41
6Section
41. Trans 106.02 (4) of the administrative code is repealed.
AB454,42
7Section
42. Trans 106.02 (11) of the administrative code is amended to read:
AB454,11,148
Trans 106.02
(11) "Satisfactory driving record" means a driving record that
9does not contain moving violations which result in more than 6 demerit points within
10a one year period, by date of violation, or does not indicate that the applicant was,
11within one year, by date of violation, causally negligent in 2 or more traffic collisions
12or does not contain a conviction for OWI or any OWI-related charge
within one year.
13Out-of-state traffic convictions and accidents shall be treated as though they
14occurred in Wisconsin.
AB454,43
15Section
43. Trans 106.02 (12) of the administrative code is amended to read:
AB454,11,1716
Trans 106.02
(12) "School" means an institution providing one or more of the
17programs defined in sub.
(4), (5), (6) or
(7) (8) and authorized under s. 345.60, Stats.
AB454,44
18Section
44. Trans 106.03 (3) (a) of the administrative code is amended to read:
AB454,11,2319
Trans 106.03
(3) (a) Only one group dynamics traffic safety school program may
20be certified in each WTC district unless the department determines that there is a
21need for additional programs in a district.
This paragraph does not apply to a
22program provided by an accredited institution of higher education operated by a
23federally recognized American Indian tribe or band in this state.
AB454,45
24Section
45. Trans 106.03 (4) (a) of the administrative code is amended to read:
AB454,12,5
1Trans 106.03
(4) (a) Only one multiple offender traffic safety school program
2may be certified in each WTC district unless the department determines that there
3is a need for additional programs in a district.
This paragraph does not apply to a
4program provided by an accredited institution of higher education operated by a
5federally recognized American Indian tribe or band in this state.
AB454,46
6Section
46. Chapter Trans 113 (title) of the administrative code is amended
7to read:
AB454,12,88
CHAPTER TRANS 113
AB454,12,149
ADMINISTRATIVE SUSPENSION OF
10
OPERATING PRIVILEGE FOR OPERATING
11
A MOTOR VEHICLE WITH A PROHIBITED
12
ALCOHOL CONCENTRATION
13
OR A DETECTABLE AMOUNT OF A
14
RESTRICTED CONTROLLED SUBSTANCE
AB454,47
15Section
47. Trans 113.01 of the administrative code is amended to read:
AB454,12,24
16Trans 113.01 Purpose and scope. As authorized by s. 85.16 (1), Stats., the
17purpose of this chapter is to establish the department's administrative
18interpretation of s. 343.305 (7) and (8), Stats., relating to arrest for operating with
19a prohibited alcohol concentration
or a detectable amount of a restricted controlled
20substance, administrative suspension of operating privilege and reviews therefor.
21Section 343.305 (7) (a), Stats., authorizes the department to administratively
22suspend the operating privilege of a person whose test results indicate the presence
23of a detectable amount of a restricted controlled substance in the person's blood or
24a prohibited alcohol concentration.
AB454,48
1Section
48. Trans 113.03 (intro.) of the administrative code is amended to
2read:
AB454,13,7
3Trans 113.03 Law enforcement officer actions and information
4provided to driver. (intro.) If a person is tested for alcohol concentration
or
5presence of a restricted controlled substance in accordance with s. 343.305, Stats.,
6and test results indicate a prohibited alcohol concentration
or presence of a restricted
7controlled substance, the law enforcement officer shall:
AB454,49
8Section
49. Trans 113.03 (1) of the administrative code is repealed.
AB454,50
9Section
50. Trans 113.04 (3) (c) of the administrative code is amended to read:
AB454,13,1210
Trans 113.04
(3) (c) Whether the person had a prohibited alcohol concentration
11or a detectable amount of a restricted controlled substance at the time the offense
12allegedly occurred.
AB454,51
13Section
51. Trans 113.04 (3) (e) of the administrative code is amended to read:
AB454,13,1714
Trans 113.04
(3) (e) If one or more tests were administered in accordance with
15s. 343.305, Stats., whether each of the test results for those tests indicate the person
16had a prohibited alcohol concentration
or a detectable amount of a restricted
17controlled substance.
AB454,52
18Section
52. Trans 113.04 (8) of the administrative code is amended to read:
AB454,13,2319
Trans 113.04
(8) If at any time the person submits written evidence from a
20facility certified by the state laboratory of hygiene and meeting the requirements of
21s. 885.235 (1), Stats., indicating the person did not have a prohibited alcohol
22concentration
or a detectable amount of a restricted controlled substance, the
23suspension will be vacated.
AB454,53
24Section
53. Trans 113.04 (9) (intro.) of the administrative code is amended to
25read:
AB454,14,5
1Trans 113.04
(9) (intro.) If the examiner finds to a reasonable certainty by
2evidence that is clear, satisfactory and convincing that the criteria in s. 343.305 (8)
3(b), Stats., for administrative suspension have not been satisfied, or that the person
4did not have a prohibited alcohol concentration
or a detectable amount of a restricted
5controlled substance at the time the offense allegedly occurred:
AB454,54
6Section
54. Trans 113.04 (10) (intro.) of the administrative code is amended
7to read:
AB454,14,128
Trans 113.04
(10) (intro.) If the examiner finds to a reasonable certainty by
9evidence that is clear, satisfactory and convincing that the criteria for administrative
10suspension have been satisfied and that the person had a prohibited alcohol
11concentration
or a detectable amount of a restricted controlled substance at the time
12the offense allegedly occurred:
AB454,55
13Section
55. Trans 118.01 of the administrative code is amended to read:
AB454,14,20
14Trans 118.01 Purpose and scope. The purpose of this chapter is to establish
15an employer notification program to permit an employer to register the name of an
16employe employee and be notified by the department whenever a conviction or
17suspension, revocation, cancellation, disqualification or out-of-service order is
18recorded on the driving record of the Wisconsin licensed
employe employee and any
19other driving record information that the department may reasonably include in this
20program.
AB454,56
21Section
56. Trans 118.01 (note) of the administrative code is amended to read:
AB454,15,2
22Trans 118.01 (note) Authority for this chapter can be found at s. 343.247 (2),
23Stats.
Forms used in this chapter are MV3555 Employer Notification Customer
24Agreement and MV3556 Employe Enrollment Request. These forms are available
1from the Wisconsin Department of Transportation, Bureau of Driver Services, P.O.
2Box 7917, Madison, WI 53707.
AB454,57
3Section
57. Trans 118.03 of the administrative code is amended to read:
AB454,15,11
4Trans 118.03 Employer notification application requirements.
5Employer notification is obtained through the system used to access the public
6abstract of the driver's driving record maintained under s. 343.23, Stats. An
7application for the
employer notification program
public abstract request system 8shall be made to the department upon forms prescribed by the department
, shall be
9accompanied by the required fees as set forth in s. Trans 118.08 and shall include
10such information as the department reasonably requires.
The department may
11assign these duties to a 3rd-party designee.
AB454,58
12Section
58. Trans 118.04 of the administrative code is amended to read:
AB454,15,17
13Trans 118.04 Employer Customer account codes numbers
. (1) Issuance. 14The department shall issue
an employer a customer account
code number upon
15receipt of a properly completed
employer notification customer data access 16agreement form
and any other information that the department reasonably
17requires.
AB454,15,20
18(2) Usage. The department may require that the employer use the
employer 19customer account
code number for purposes of identification and invoicing
20procedures.
AB454,59
21Section
59. Trans 118.05 (intro.) of the administrative code is amended to
22read: