AB454: Bill Text

AB454,19,13 Trans 118.13 (1) Employe Employee responsibilities. Nothing in this chapter shall be construed to relieve the employe employee from the driver notification requirements described under s. 343.245 (2), Stats.

AB454,81 Section 81. Trans 118.14 of the administrative code is amended to read:

AB454,19,20 Trans 118.14 Construction of this rule. Nothing in this chapter shall be construed to relieve the applicant for an employer notification document a driver record from submitting a complete application with the or payment of appropriate fees described in this chapter. In the event of a conflict between the provisions of ch. Trans 195 and the provisions of this chapter, the provisions of this chapter shall control.

AB454,82 Section 82. Trans 130.03 (1) (g) of the administrative code is amended to read:

AB454,19,25 Trans 130.03 (1) (g) The signature of the person or, if applicable, the signature of anyone authorized to sign for the applicant, including a health care specialist. A signature under this paragraph includes an electronic signature, as defined in s. 137.11 (8), Stats.

AB454,83 Section 83. Trans 131.01 (2) (note) of the administrative code is amended to read:

AB454,20,8 Trans 131.01 (2) (note) Forms used in this chapter are MV 2016, substitute renewal notice; MV 2470, vehicle inspection report; MV 2472, application for letter of temporary exemption from emission test requirements; MV 2588, exchanged engine certificate; MV 2594, quality assurance inspection report. Copies can be obtained from the Wisconsin Department of Transportation, Dealer and Agent Section, P. O. Box 7909, Madison, WI 53707-7909.

AB454,84 Section 84. Trans 131.02 (15) (note) of the administrative code is amended to read:

AB454,20,14 Trans 131.02 (15) (note) All references made to the Federal Rule in this document are to 40 CFR Part 51, Subpart S Inspection/Maintenance Program Requirements; Final Rule dated November 5, 1992, as amended through January 1, 2001 April 7, 2006.

AB454,85 Section 85. Trans 131.02 (24) of the administrative code is amended to read:

AB454,20,18 Trans 131.02 (24) "Inspection station" means an inspection facility operated by a party, or a subcontractor of the party, under contract with the department for the purpose of conducting vehicle emission inspections required by s. 110.20, Stats.

AB454,86 Section 86. Trans 131.02 (38) of the administrative code is amended to read:

AB454,20,23 Trans 131.02 (38) "Recognized automotive emission repair technician" means a person who has received and has proof of formal training in both diagnosis and repair of automotive engines and related systems and who is in good standing with the department and in compliance with this chapter and s. 110.20, Stats.

AB454,87 Section 87. Trans 131.02 (39) of the administrative code is amended to read:

AB454,21,5 Trans 131.02 (39) "Recognized repair facility" means a franchised new car dealer or other business with a Wisconsin sales tax number that performs emission repairs as a regular part of its business activities and , that employs at least one recognized automotive emission repair technician, and that is in good standing with the department and in compliance with this chapter and s. 110.20, Stats.

AB454,88 Section 88. Trans 131.02 (45) of the administrative code is amended to read:

AB454,21,10 Trans 131.02 (45) "Technical assistance center" means either a separate contractor or subcontractor facility or a portion of an inspection station which, under the direction of a master automotive technician, is equipped to perform both emission inspections and complete diagnostic evaluations of nonexempt vehicles.

AB454,89 Section 89. Trans 131.02 (54) of the administrative code is amended to read:

AB454,21,17 Trans 131.02 (54) "Vehicle inspection report" means a serially numbered document issued at an inspection station or authorized inspection facility or technical assistance center or by an inspector designated by the department to perform the functions of a technical assistance center at the time of vehicle inspection, indicating that the vehicle has been inspected in accordance with the provisions of this chapter, and may include data reported electronically.

AB454,90 Section 90. Trans 131.03 (6) (d) 5. of the administrative code is amended to read:

AB454,21,23 Trans 131.03 (6) (d) 5. If the inspection computer system is not able to download the vehicle OBD II records, the OBD inspection shall be aborted, and the vehicle shall be reinspected with an OBD II inspection in a separate inspection facility inspection lane.

AB454,91 Section 91. Trans 131.03 (12) of the administrative code is amended to read:

AB454,22,8 Trans 131.03 (12) Reconstructed and homemade vehicles. Any nonexempt vehicle registered as reconstructed or homemade under s. 341.268, Stats., shall be inspected for compliance with requirements applicable to the model year of the vehicle as indicated on the vehicle's registration documents, unless the owner both requests that the vehicle be inspected by engine year and provides a completed MV2588, exchanged engine certification form, to the waiver investigator. In addition, the vehicle owner shall locate the engine number on the engine for purposes of engine year verification by the waiver investigator.

AB454,92 Section 92. Trans 131.03 (15) (a) (intro.) of the administrative code is amended to read:

AB454,22,14 Trans 131.03 (15) (a) (intro.) The operator of each vehicle inspected shall receive a vehicle inspection report, MV 2470, at the conclusion of the inspection. The vehicle inspection report data may also be reported electronically. The inspection report, or the vehicle inspection report data reported electronically, shall indicate:

AB454,93 Section 93. Trans 131.03 (15) (b) of the administrative code is amended to read:

AB454,22,20 Trans 131.03 (15) (b) Each operator of a vehicle failing or rejecting the inspection shall receive an inspection report supplement containing repair, reinspection and waiver application instructions, as well as information on the possible causes of failure or rejection found during the inspection.

AB454,94 Section 94. Trans 131.03 (15) (c) of the administrative code is amended to read:

AB454,23,2 Trans 131.03 (15) (c) Each operator of a vehicle failing or rejecting the initial inspection shall receive a list of recognized automotive emission repair technicians and recognized repair facilities by area which includes information required under s. Trans 131.15. This listing may include other consumer information useful in obtaining vehicle emission repair service.

AB454,95 Section 95. Trans 131.07 (1) (c) of the administrative code is amended to read:

AB454,23,5 Trans 131.07 (1) (c) The operator presents payment to the contractor of a monetary fee as determined if required by contract.

AB454,96 Section 96. Trans 131.08 (2) of the administrative code is amended to read:

AB454,23,14 Trans 131.08 (2) Application. The department shall provide an application form, MVD2472, on which the vehicle owner or lessee shall state their his or her name, permanent address, temporary address, if used, and daytime telephone number and may allow application in any other manner. The vehicle owner or lessee shall identify the vehicle involved, provide the reason for requesting a letter of temporary exemption, certify that the vehicle is unavailable for emission inspection, and state the date when the vehicle will again be operated within a Wisconsin county subject to the emission inspection requirements of this chapter.

AB454,97 Section 97. Trans 131.11 (1) (a) of the administrative code is amended to read:

AB454,23,21 Trans 131.11 (1) (a) All contractor and subcontractor inspection functions, including those occurring at the inspection stations, other authorized inspection facilities, technical assistance centers or other facility by an inspector designated by the department to perform the functions of a technical assistance center, and vehicles used to conduct remote sensing, shall be audited on an unscheduled basis, at a minimum, according to the frequency established in the federal rule.

AB454,98 Section 98. Trans 131.15 (3) (b) of the administrative code is amended to read:

AB454,24,3 Trans 131.15 (3) (b) Beginning in the third month of the vehicle emission inspection program, the contractor shall produce a summary report of the performance of local repair facilities that have repaired vehicles for reinspection. The report shall be provided to the motorist at the time of initial vehicle emission inspection failure. The report shall be updated on a quarterly basis or made available on the contractor's Internet site.

AB454,99 Section 99. Trans 142.07 (4) (e) of the administrative code is created to read:

AB454,24,6 Trans 142.07 (4) (e) 1. Each dealer maintains a permanent facility in this state in the manner required by sub. (1), except as provided in subd. 2.

AB454,24,16 2. The department may exempt a dealer from the facility requirement in subd. 1., but not from any other requirement of state law, if the dealer is selling recreational vehicles at a rally or show sponsored by an established state, national, or international recreational vehicle association with a minimum membership of 100 members. An exemption under this paragraph may not be granted by the department more than once in any 4-year period. Any license issued by the department containing the exemption described in this paragraph shall be limited to one specific event and may not exceed 10 days' duration. An exemption granted under this paragraph will not exempt a dealer from geographic sales restrictions contained in a dealer franchise agreement or other private contractual obligation.

AB454,100 Section 100. Chapter Trans 145 of the administrative code is repealed.

AB454,101 Section 101. Trans 146.04 (4) of the administrative code is repealed.

AB454,102 Section 102. Trans 157.05 (1) (note) of the administrative code is amended to read:

AB454,25,2 Trans 157.05 (1) (note) Forms MV1, Application for Title/Registration, MV2493 MV2488, Vehicle Transfer and Odometer Disclosure Mileage Statement, and MV2790, Trustee's Application for Certificate of Title, can be ordered from DOT Materials Management, 3617 Pierstorff, Madison, WI 53704 or [phone] or obtained at a motor vehicle services center. In cases involving the sale of titled vehicles, the Odometer Disclosure Statement on the reverse side of the certificate of title should be used.

AB454,103 Section 103. Trans 175.09 of the administrative code is repealed.

AB454,104 Section 104. Trans 178.03 (1) (intro.) of the administrative code is amended to read:

AB454,25,8 Trans 178.03 (1) (intro.) Except as provided in sub. (2), as provided in 49 CFR 367.20 part 367, subpart B, fees for registration year 2010 and thereafter are as follows:

AB454,105 Section 105. Trans 200.07 (2) (title) of the administrative code is amended to read:

AB454,25,11 Trans 200.07 (2) (title) Sign description design.

AB454,106 Section 106. Trans 200.07 (2) (intro.) of the administrative code is created to read:

AB454,25,15 Trans 200.07 (2) (intro.) For highways open to public travel, signs shall conform to the following requirements:

AB454,107 Section 107. Trans 200.07 (2) (a) of the administrative code is amended to read:

AB454,25,21 Trans 200.07 (2) (a) The sign shall consist of a white rectangle with longer dimension vertical, having green message, a green arrow, if required under this section, and a blue and white international symbol for the barrier-free environments. The sign may shall be reflective or non-reflective.

AB454,108 Section 108. Trans 200.07 (2m) of the administrative code is created to read:

AB454,25,24 Trans 200.07 (2m) Alternative sign design. For parking lots, signs shall be of the design under sub. (2) or a design containing all of the following:

AB454,26,4 (a) The sign shall contain the international symbol for accessibility, the international symbol for barrier-free environments (wheelchair symbol on a square), or a visually similar symbol. The symbol shall be within a square not less than 5 inches on a side.

AB454,26,6 (b) The sign shall contain either green or blue text on a white background or white text on a blue background.

AB454,26,9 (c) The sign shall contain text stating "disabled parking," "handicapped parking," "reserved parking," or the amount of the forfeiture for parking in violation of the sign.

AB454,109 Section 109. Trans 200.07 (4) of the administrative code is repealed.

AB454,110 Section 110. Trans 206.03 (11) (d) of the administrative code is amended to read:

AB454,26,14 Trans 206.03 (11) (d) No Except as provided in s. 86.31 (4), Stats., no federal aid funds shall be used as the local match for an eligible project.

AB454,111 Section 111. Trans 207.02 (3) of the administrative code is amended to read:

AB454,26,19 Trans 207.02 (3) In addition to complying with these standards, it may be necessary for constructing authorities to obtain permits from federal agencies such as the U.S. coast guard and the U.S. army corps of engineers Army Corps of Engineers.

AB454,112 Section 112. Chapter Trans 210 (title) of the administrative code is amended to read:

AB454,26,22 CHAPTER TRANS 210

AB454,26,24 MAJOR HIGHWAY PROJECT NUMERICAL EVALUATION PROCESS

AB454,113 Section 113. Trans 210.01 of the administrative code is amended to read:

AB454,27,6 Trans 210.01 Purpose. In accordance with s. 85.05, Stats., this chapter sets forth the process and criteria used by the department to numerically evaluate projects considered for enumeration. This process for evaluating candidate major highway projects is used to advise the transportation projects commission. This chapter establishes a minimum score that a project shall meet or exceed in order to be eligible for recommendation to the transportation projects commission.

AB454,114 Section 114. Trans 210.02 of the administrative code is amended to read:

AB454,27,10 Trans 210.02 Applicability. The procedures in this This chapter shall be applied to projects being considered for enumeration as major highway projects by the department.

AB454,115 Section 115. Trans 210.03 (4) of the administrative code is repealed.

AB454,116 Section 116. Trans 210.05 (intro.) of the administrative code is renumbered Trans 210.05 and amended to read:

AB454,27,20 Trans 210.05 Minimum benefit requirement. Proposed major highway projects having traffic flow or safety deficiencies shall receive a minimum requirement score of 10 points will require a benefit-cost analysis consistent with the department's best practice methodologies. Only these those projects generating a benefit-cost ratio of at least 1.0 shall be eligible for recommendation to the transportation projects commission. Traffic flow or safety deficiencies shall exist if either of the following conditions are satisfied:

AB454,117 Section 117. Trans 210.05 (1), (1) (note), (2) and (2) (b) (note) of the administrative code are repealed.

AB454,118 Section 118. Trans 210.06 of the administrative code is repealed.

AB454,119 Section 119. Trans 210.065 of the administrative code is created to read:

AB454,28,8 Trans 210.065 Measures. The department shall use its best practices to evaluate and recommend major highway projects to the transportation projects commission. Best practice analytical techniques shall include a detailed review of a project's ability to enhance Wisconsin's economy, improve highway mobility and safety, minimize environmental impacts, and serve community objectives. The measurement techniques used to evaluate these goals is continually evolving and improving with expanding data sources and analytical techniques. The evaluation is expected to include the following goals and objectives:

AB454,28,13 (1) Improving highway safety. Major highway projects play an important role in improving the safety of Wisconsin's highways. Reducing the number of fatalities and injury crashes as well as the property and freight losses associated with these crashes is a primary goal of the department. A crash analysis shall be performed to determine the number and severity of the crash problems on the affected highway.

AB454,29,3 (2) Enhancing Wisconsin's economy. Major highway projects shall be evaluated to determine their ability to enhance Wisconsin's economy. A key component is estimated lower travel costs, which serve to increase the competitiveness of existing businesses and enhance Wisconsin's ability to maintain and compete for jobs. The department shall use benefit-cost analysis procedures as the primary foundation of this evaluation to determine the economic viability of candidate projects. The benefit-cost analysis shall demonstrate that the reductions in travel costs exceed the costs of design, construction, and long-term rehabilitation and maintenance costs of the facility. The analysis of reduced travel costs shall include estimated travel time savings, safety savings, and vehicle operating cost savings. Additionally, the analysis shall carefully consider critical supply chain corridors to support projects that are most critical for maintaining and preserving an efficient and reliable network for manufacturers and shippers. The economic analysis shall also consider those areas of Wisconsin that are projected to have more growth in the amount of employment and tourism.

AB454,29,13 (3) Improving traffic flow. Major highway projects play a significant role in improving traffic flow and reducing highway congestion. Reducing highway congestion improves highway efficiency by reducing the total hours of vehicle delay, and also improves travel reliability for individuals and businesses. An evaluation of traffic flow needs on the corridor shall be used to demonstrate the level and extent of recurring congestion and the variability in nonrecurring congested conditions on the corridor. Recurring congestion results from regular peak period conditions where the roadway is inadequate for the volume of vehicles. Nonrecurring congestion exists when wide fluctuations in travel times occur due to events such as incidents, bad weather conditions, special events, holiday traffic, and work zones.

AB454,29,18 (4) Serving community objectives. Overall community support is critical for the proposed major highway project. The level of community support shall be demonstrated using the results of the comprehensive public outreach and involvement that occurs during the detailed environmental document process (National Environmental Policy Act and/or Wisconsin Environmental Policy Act).

AB454,29,23 (5) Minimizing environmental impacts. The evaluation process recognizes that major highway projects can have effects on the quality of the human environment in the regions they serve. The environmental evaluation shall be based on the results of the detailed environmental document process (National Environmental Policy Act and/or Wisconsin Environmental Policy Act).

AB454,120 Section 120. Trans 210.07 of the administrative code is repealed.

AB454,121 Section 121. Trans 210.08 of the administrative code is repealed.

AB454,122 Section 122. Trans 233.08 (2) (c) 5. of the administrative code is amended to read:

AB454,30,7 Trans 233.08 (2) (c) 5. State trunk highways and connecting highways with current and forecasted congestion projected to be worse than level of service "C," as determined under s. Trans 210.05 (1), within the following " C." Department engineers shall use appropriate methodologies to determine the projected level of service that is predicted to exist 20 years from the year of the analysis.

AB454,123 Section 123. Trans 233.11 (3) (b) 4. of the administrative code is amended to read:

AB454,30,14 Trans 233.11 (3) (b) 4. Whether the current and forecasted congestion of the abutting highway is projected to be worse than level of service " C," as determined under s. Trans 210.05 (1), within the following "C." Department engineers shall use appropriate methodologies to determine the projected level of service that is predicted to exist 20 years from the year of the analysis.

AB454,124 Section 124. Trans 252.06 (1) of the administrative code is amended to read: