Wisconsin Legislature: Trans 112.04 History

Note: This provision allows the Department to issue CDLs without requiring federal medical cards of persons employed by government units, or as school bus drivers, apiarian industry seasonal drivers, custom harvester drivers and certain farm vehicle drivers. Licenses issued under this provision are restricted to permit only that commercial vehicle operation which may be legally conducted without a federal medical card.

(3) Medical review standards for school bus endorsements.

(a) Original applications. No person may be issued a school bus endorsement unless the person files proof of physical fitness as part of the person’s application for school bus endorsement.

(b) Renewal applications. No person may renew a school bus endorsement unless the person files proof of physical fitness. The department shall provide a person with notice by mail to the person’s last known address that the person must file proof of physical fitness and apply for a renewal license not less than 30 days prior to the date upon which the person’s license expires. The department shall not renew the school bus endorsement of any person who fails to provide the required proof of medical fitness within the time required by the notice.

(c) Biennial proof of physical fitness. All persons holding school bus endorsements shall provide proof of physical fitness to the department every 2 years, except that persons age 70 years or older shall provide proof of physical fitness annually. The department may require persons to submit proof of physical fitness before 2 years to coordinate the license renewal cycle following an initial issuance or a reinstated “S” endorsement. The department shall provide a person holding a school bus endorsement with at least 30 days notice by mail to the person’s last known address that the person must file proof of physical fitness. The department shall cancel the school bus endorsement of any person who fails to provide the required proof of physical fitness within the time period required by the notice.

(d) Exceptions. The department may issue a passenger endorsement to a person who does not meet all of the medical review standards for passenger or school bus endorsement, but the person’s license shall be subject to a “K” restriction and restricted to prohibit transporting more than 2 passengers in a commercial motor vehicle.

(4) No person may be issued or renew a passenger endorsement unless the person provides a health history to the department on the form required.

Note: The health history shall be provided on form MV3030B. Only the applicant’s portion of the form need be completed for purposes of a passenger endorsement application.

(5) Medical review standards for operator licenses. Whenever the department learns that a person applying for, renewing, or holding any classification of operator’s license has a progressive, recurring or debilitating medical condition which may affect safe driving, the department may require the person to provide the department with medical information about the person’s medical condition. The department shall review the medical information using the standards specified in this chapter.

(6) Evaluation. A license issued to a person under this chapter may be restricted on the basis of a recommendation of a physician, a vision specialist, an APNP, a review board, or on the results of a driving examination or evaluation.

(7) Reporting. Persons holding a valid license with a school bus or passenger endorsement shall report to the department any medical condition identified in this chapter that is new or that has changed significantly since previously reported.

History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (2) and (3) (d), Register, October, 1991, No. 430, eff. 11-1-91; am. (3) (c), Register, November, 1993, No. 455, eff. 12-1-93; r. and recr. (2), am. (7), Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (6), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.04 Information to be considered in licensing actions. The review boards when making recommendations, and the department when taking licensing action under this chapter, may consider the following information:

(1) Any medical condition affecting the person including, but not limited to:

(a) History of illness.

(b) Severity of symptoms, complications and prognosis.

(d) Results of medical tests and reports of laboratory findings.

(e) Physician’s or APNP’s medical report.

(f) Physician’s or APNP’s recommendations with regard to functional impairment.

(g) Physician’s or APNP’s identification of risk factors.

(2) Reports of driver condition or behavior.

(3) The results of a department screening of a person’s vision or hearing.

(4) The results of any examinations of the person to test knowledge of traffic laws, road signs, rules of the road, vehicle equipment and safe driving practices, and driving ability.

(5) Group dynamics or traffic safety school reports.

(6) Alcohol or drug assessment reports by an agency under s. 51.42, Stats.

(7) Traffic accidents that may have been caused in whole or in part by a medical condition specified in this chapter.

(8) Vision specialist’s reports.

(9) A person’s failure to provide requested information to the department.

History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (intro.), (1) (b), r. (1) (c), renum. (1) (d) to (h) to be (1) (c) to (g), Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (1) (e) to (g), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.045 All medical conditions. No person may be issued, renew, or hold any classification of operators license or endorsement if a medical report shows any of the following:

(1) Effects or side effects of medication interfere with safe driving, unless the physician or APNP indicates the situation is temporary and not likely to recur.

(2) Complications of a condition interfere with safe driving as assessed by a physician or APNP or as determined by a driving evaluation.

(3) The person is not reliable in following a prescribed treatment program to the extent that noncompliance could affect the person’s ability to drive safely.

(4) There is medical evidence that the person uses alcohol or other drugs to an extent that it has an adverse effect on a medical condition or interferes with treatment for the condition.

(5) There is medical evidence of a condition that is likely to be accompanied by a syncope or collapse or which otherwise may interfere with safe driving.

History: Cr. Register, June, 1996, No. 487, eff. 7-1-96; CR 06-099; am. (1) and (2), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.05 Alcohol or other drug use.

(1) With respect to a person’s chemical use, the review boards when making recommendations, and the department when taking licensing action, may consider all information available on the degree of the person’s chemical use.

(2) The department may require information on a person’s functional ability including, but not limited to, the following:

(a) Medical assessment of the person, driver safety plan, driver safety plan final reports concerning the person, or any combination of these information categories, including the following:

1. Hospitalization of the person for chemical abuse or dependency.

2. Outpatient treatment of the person for chemical abuse or dependency.

3. Participation by the person in self-help groups for chemical abuse or dependency.

4. Use of control agents, such as antabuse or methadone by the person.

5. Physician or APNP treatment of the person for chemical abuse or dependency.

(b) The person’s driving record, including reports of any of the following:

1. Accidents involving chemical use.

2. Traffic convictions involving chemical use.

(d) Information from other sources about the person’s physical and mental health, as affected by chemical use, and any medical problems that may interfere with the person’s reasonable and ordinary control over a motor vehicle.

(3)

(a) A conviction for operating while intoxicated in this section means being convicted of a violation of s. 346.63 (1) or (2), Stats., or a local ordinance in conformity therewith, or convictions under the law of another jurisdiction that is in substantial conformity with 49 CFR 383.51 (b) (2) (i) or (ii), or both, or that prohibits refusal of chemical testing or use of a motor vehicle while intoxicated or while under the influence of a controlled substance, or a combination thereof, or with an excess of a specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving as those or substantially similar terms are used in that jurisdiction, refusals under s. 343.305 (9), Stats., or revocations under s. 343.305 (10), Stats.

(b) No person may be issued, renew, or hold a school bus or passenger endorsement if a medical report, assessment or driving record for the person shows:

1. Any operating while intoxicated convictions within the past 2 years.

2. Two operating while intoxicated convictions within the past 3 years.

3. Three or more operating while intoxicated convictions within the past 5 years.

4. The person has evidenced any chemical abuse or dependency within the past year.

5. The person has evidenced any chemical abuse or dependency within the past 2 years, that is not controlled by treatment.

(bm) For purposes of determining eligibility for a passenger endorsement under par. (b) 1. to 3., the department shall not count violations committed prior to April 1, 1992.

(c) No person may hold any classification of operator’s license if the person is diagnosed as suffering from uncontrolled chemical abuse or dependency, as assessed by a physician, APNP or approved public treatment facility.

History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (3) (b) 4., r. (3) (b) 5., Register, October, 1991, No. 430, eff. 11-1-91; emerg. cr. (3) (bm), eff. 2-20-92; cr. (3) (bm), Register, June, 1992, No. 438, eff. 7-1-92; r. (2) (b), renum. (2) (c) to (e) to be (2) (b) to (d); am. (3) (b) 4., cr. (3) (b) 5., Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (2) (a) 5. and (3) (c), Register June 2007 No. 618, eff. 7-1-07.

Trans 112.06 Conditions affecting cardiovascular function.

(1) With respect to conditions affecting cardiovascular function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:

(a) Coronary artery disease, including myocardial infarction.

(b) Congestive heart disease.

(d) Congenital heart disease.

(e) Cardiomyopathy.

(f) Pericardial disease.

(g) Myocarditis.

(h) Corpulmonale.

(i) Conduction difficulties.

(j) Arrhythmias.

(k) Aortic or arterial occlusion or aneurysm.

(L) Impairment of peripheral circulation.

(2) The department may require a person to provide information on the person’s functional ability including, but not limited to, the following:

(a) Hypertension.

(b) Orthostatic hypotension.

(d) Syncope or presyncopal sensations.

(e) Procedures which correct a cardiovascular condition and which temporarily impair functional ability, including surgical procedures such as a coronary artery bypass graft.

(f) Pacemaker function.

(g) Implanted defibrillator function.

(h) Results of procedures such as an electrocardiogram, stress test with thallium scan, angiography, multigated acquisition scan, echocardiogram, or electrophysiologic studies.

(i) Cardiac drug use, including rhythm control drugs, antianginal agents, cardiac glycosides, antihypertensive medication and side effects of these medications.

(j) Cardiac transplantation.

(3)

(a) Licensing standards. No endorsement or license may be issued to, renewed by, or held by a person who does not meet the applicable medical review standards for conditions affecting cardiovascular function of this subsection.