Trans 327.03(7)
(7) Every traffic officer and state patrol inspector employed under the authority of s.
110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the North American Standard Out-of-Service Criteria, except that sub.
(10) shall be used to determine the maximum number of hours allowed to drive after coming on duty.
Trans 327.03 Note
Note: The North American Standard Out-of-Service Criteria is on file with the Legislative Reference Bureau and the Department of Transportation, Division of State Patrol. A copy may be requested from the Commercial Vehicle Safety Alliance, or by calling 301-830-6143. You may also request copies via their website at
www.cvsa.org.
Trans 327.03(10)(b)2.
2. Any period after having been on duty for 16 hours following 10 consecutive hours off duty.
Trans 327.03 History
History: Cr.
Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (intro.), (1), (4) and (5), eff. 4-1-95; am. (intro.), (1), (4) and (5),
Register, August, 1995, No. 476, eff. 9-1-95; am. (intro.) and (2),
Register, October, 2000, No. 538, eff. 11-1-00;
CR 02-080: am. (intro.), renum. (1) to (6) to be (3) to (8) and am. (4) and (7), cr. (1), (2) and (9)
Register April 2003 No. 568, eff. 5-1-03;
CR 03-059: am. (intro), renum. (1) to (3) to be (8), (9) and (1) and (5) to (8) to be (3) to (6), renum. and am. (4) to be (2) and (9) to be (7)
Register December 2003 No. 576, eff. 1-4-04;
CR 06-043: am. (intro.), (2) and (7), cr. (10)
Register October 2006 No. 610, eff. 11-1-06;
EmR0833: emerg. am. (intro.) and (7), cr. (11), eff. 11-5-08;
CR 08-100: am. (intro.) and (7), cr. (11)
Register April 2009 No. 640, eff. 5-1-09;
CR 22-048: am. (2) (a) 2., (b)
Register July 2023 No. 811, eff. 8-1-23;
CR 22-051: am. (2) (a) 1., (7), r. and recr. (10) Register February 2024 No. 818, eff. 3-1-24; correction in (1), (2) (a), (3) to (9), (10) (a), (11) made under s. 35.17, Stats., Register February 2024 No. 818. Trans 327.07 History
History: Cr.
Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (2), eff. 4-1-95; am. (2),
Register, August, 1995, No. 476, eff. 9-1-95; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register May 2003 No. 569; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2003 No. 576;
CR 06-043: am. (2)
Register October 2006 No. 610, eff. 11-1-06;
CR 22-051: am. Register February 2024 No. 818, eff. 3-1-24; correction made under s. 35.17, Stats., Register February 2024 No. 818. Trans 327.09(1)(1)
The provisions of s.
Trans 327.03 do not apply to a driver of a school bus when the school bus is being used for authorized educational or extracurricular school-related activities.
Trans 327.09 Note
Note: This section preserves exemptions authorized by
49 CFR 350.305(b)(2) that were in effect on March 31, 1988, for school bus drivers engaged in intrastate operations for authorized educational or extracurricular school-related activities.
Trans 327.09(2)(a)
(a) Drivers who operate motor vehicles which have a manufacturers' gross vehicle weight rating equal to or less than 26,000 pounds, except that this provision does not apply to vehicles transporting hazardous materials requiring placarding or vehicles transporting 16 or more passengers including the driver.
Trans 327.09(2)(b)
(b) Drivers who have met state medical qualifications and have been issued a valid Wisconsin commercial driver's license, or CDL, prior to July 29, 1996, which has not been revoked, and who continue to meet state medical requirements as found in ch.
Trans 112.
Trans 327.09(3)
(3) The provisions of s.
Trans 327.03 (6) do not apply to drivers and vehicles transporting hazardous materials by a motor vehicle which is not required to be placarded.
Trans 327.09(7)
(7) The provisions of this chapter do not apply 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), Stats., and the vehicle combination is operated solely in intrastate commerce.
Trans 327.09 History
History: Cr.
Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (2) (a) and (3), r. and recr. (2) (b), renum. (4) (c) to be (5), cr. (4) (c), eff. 4-1-95; am. (2) (a) and (3), r. and recr. (2) (b), renum. (4) (c) to be (5) (intro.) and am., cr. (4) (c), (5) (a) to (d) and (6), r. (4) (d),
Register, August, 1995, No. 476, eff. 9-1-95; renum. (6) to be (6) (a), cr. (6) (b),
Register, October, 2000, No. 538, eff. 11-1-00;
CR 02-080: renum. (6) to be (13) and am., cr. (6) to (12)
Register April 2003 No. 568, eff. 5-1-03; corrections in (2) (intro.), (3) and (13) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register May 2003 No. 569;
CR 03-059: am. (8) (intro) and (b)
Register December 2003 No. 576, eff. 1-4-04; corrections in (2) (intro), (3) and (13) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2003 No. 576;
CR 06-043: am. (5) (intro.), (b) and (c), r. (6) to (12), renum. (13) to be (6) and am. (6) (a), cr. (7)
Register October 2006 No. 610, eff. 11-1-06;
CR 22-051: am. (1), (4) (intro.), (b), r. (5), (6) Register February 2024 No. 818, eff. 3-1-24; correction in (4) (a) made under s. 35.17, Stats., Register February 2024 No. 818. Trans 327.11
Trans 327.11 Demerit points not applicable. No demerit points may be assessed for violations of the regulations adopted in this chapter.
Trans 327.11 History
History: Cr.
Register, May, 1987, No. 377, eff. 6-1-87.
Trans 327.13
Trans 327.13 Copies of federal regulations. The department shall advise carriers upon request that copies of the federal regulations cited in s.
Trans 327.03 may be obtained by contacting the division of state patrol, Wisconsin department of transportation.
Trans 327.13 Note
Note: Federal motor regulations may also be obtained through the Internet via:
http://www.fmcsa.dot.gov.
Trans 327.13 History
History: Cr.
Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. eff. 4-1-95; am.
Register, August, 1995, No. 476, eff. 9-1-95;
CR 08-100: am.
Register April 2009 No. 640, eff. 5-1-09.
Trans 327.14
Trans 327.14 Medical certification requirements as part of the commercial driver license. Trans 327.14(1)(1)
Purpose. As
authori
zed
by
s
s.
343.02 (1), 343.06 (3),
and
343.065 (3),
Stat
s., this sect
ion establishes the processes for a CDL holder to cert
ify the appropr
iate t
ype of dri
ving in ac
cordan
ce
with
49 CFR 383.71 (2012) and to pro
vide any federal medical ce
rt
if
icate required by
49 CFR 391.45, and for the
department to do
wngrade the CDL of any pe
rson
who does not ma
ke that ce
rt
if
ication or
who does not pro
vide or mainta
in
in effe
ct a med
ical
cert
ifi
cate as required by
49 CFR 383.73. Th
is
se
ction also establ
ishes the
process
for
re
in
stat
ing
a
do
wngraded
commercial
dri
ver
li
cense.
Trans 327.14(2)(b)
(b) “Commercial lea
rner's pe
rm
it"
means
a
pe
rmit
issued
to
an
indi
vidual by this
state or other
jurisdi
ction that,
when carried
with a
valid dr
iver's license
is
sued by
the same jur
isd
ict
ion, authori
zes
the
indi
vidual
to operate
a c
lass
of a commerc
ial
motor
vehicle
when ac
companied by a holder of a
valid C
DL for pu
rposes of beh
ind
-the-
wheel tra
ining.
When
is
sued
to
a
C
DL
holder,
a
commercial learner's permit ser
ves
as
authori
zat
ion
for
ac
compan
ied beh
ind
-the-
wheel
tra
in
ing
in
a
commercial motor vehicle
for
whi
ch
the
ho
lder's
current
C
DL is
not
val
id.
Trans 327.14(2)(c)
(c) “Do
wngrade" means to
remo
ve a person's pri
vilege to ope
rate
commerc
ial motor
vehicles f
rom a per
son's C
DL by indi
cat
ing on the per
son's dri
ving re
co
rd that a
ll comme
rcial
veh
icle c
las
ses and endor
sement
s, other than an “H" endor
sement, a
re
voluntarily sur
rendered. “
Do
wngrade"
with respe
ct to an “H" endorsement means su
spens
ion
of the
“H"
endor
sement.
Trans 327.14(2)(g)
(g) “Tier 1 dri
ver" means a per
son
who
cert
if
ies as
Tier
1
under
sub.
(3)
(b)
1.
Trans 327.14(3)(a)(a) A person applying for a CDL shall certify to the department the tier of operation in which the person intends to engage. A person may change the person's certification at any time. The department shall deny as incomplete an application for any of the following that is submitted without a certification required under this subsection or a required medical certificate:
Trans 327.14(3)(a)3.
3. A t
ran
sfer
of
a
comme
rcial
dri
ver's
li
cen
se
f
rom
another
juri
sdi
ction
to
this
state.
Trans 327.14(3)(a)5.
5. A li
cense
upgrade
authori
zing
the
ope
rat
ion of
a
veh
icle g
roup
not
authori
zed
on the
pr
ior
commercial dri
ver
li
cen
se or
an endor
sement
authori
zing the operation of
a comme
rcial
motor
veh
icle
not
co
ve
red
by
the
current
comme
rcial
dri
ver's l
icen
se.
Trans 327.14(3)(b)
(b) A person may certify one of the follo
wing
tiers of ope
rat
ion
under
th
is
sub
se
ction:
Trans 327.14(3)(b)1.
1. Tier 1, or non-excepted interstate. Tier 1, or non-excepted interstate, means the person operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under
49 CFR part 391 (2012), and is required to obtain a medical examiner's certificate by
49 CFR 391.45 (2012).
Trans 327.14(3)(b)3.
3. Tier 3, or non-excepted intrastate. Tier 3, or non-excepted intrastate, means the person operates only in intrastate commerce and therefore is subject only to state driver qualification requirements.
Trans 327.14(3)(b)4.
4. Tier 4, or excepted intrastate. Tier 4, or excepted intrastate, means the person operates in intrastate commerce, but engages exclusively in transportation or operations excepted from all or parts of the state driver qualification requirements.
Trans 327.14(4)(a)
(a) No
person
may
operate
a commercial
motor
vehicle
in
no
n-excepted
interstate
or foreign
commerce
unless the person is c
ertified as a Tier 1 driver, has provided a medical certificate to the department, and has verified that the department has recorded
the
certification and indicated the person's status as “Certified" on
the
person's
driving record.
Trans 327.14(4)(b)
(b) A person who certifies himself or herself as a Tier 3 driver is
sub
je
ct to state dri
ver qual
ifi
cat
ion requi
rements and
shall p
ro
vide a medical cert
ifi
cate to the depa
rtment
when appl
ying for initial is
suan
ce or
rene
wal of a
C
DL and must pos
sess a medi
cal
cert
if
icate
whene
ver operat
ing a
commerc
ial motor
vehic
le, but
is not
requi
red
to
ma
intain
a
medi
cal
cert
ifi
cate
on
fi
le
with
the
depa
rtment.
Trans 327.14(4)(c)
(c) A person who certifies himself or herself as Tier 4 driver
is
sub
je
ct to state dri
ver
qual
if
icat
ion
requirements but is not
requi
red to pro
vide
a
medical
cert
if
icate
to the
department.
Trans 327.14(4)(d)
(d) A CDL holder who obtained a medical certificate required by
49 CFR 383.71 (h) with a medical variance from the federal motor carrier safety administration must have in his or her possession a copy of
that medical variance documentation whenever o
n-duty.
Trans 327.14(5)(a)
(a) Within 10 days after receiving a medical certificate from a Tier 1 driver the department shall record
the
certification on
the
person's
driving record
and shall record the person's status as “Certified", together with
all required information from the medical certificate. The department shall then file the medical certificate of a Tier 1 driver and retain that medical certificate for at least 3 years after the
date of the medical examination.
Trans 327.14(5)(b)
(b) If the federal motor carrier safety administration notifies the department that a CDL holder has been issued a medical variance, the department shall indicate the existence of
the medical variance on the person's driving record, on the commercial driver license information system and on the CDL using the medical variance restriction code “V".
Trans 327.14(5)(c)
(c) Only the medical certificate relating to the most recent medical examination may be considered unexpir
ed. The department shall consider any medical certificate relating to an earlier medical examination to be expired.
Trans 327.14(6)(a)2.
2. A Tier 1 driver, upon receiving notice that the federal motor carrier safety administration has removed or rescinded a medical certificate or medical variance relating
to the driver.
Trans 327.14(6)(a)3.
3. Any person who fails to submit an updated medical certificate or to have a corrected CDL issued within 60 days after notification under sub.
(8) (a) 4. Trans 327.14(6)(b)
(b) If the department downgrades a CDL, the department shall do all of the following:
Trans 327.14(6)(b)1.
1. Record the downgrade on the person's driving record. The department may record
as voluntarily surrendered any commercial vehicle
classes or endorsements that are expired or are already suspended, revoked, cancelled, disqualified or otherwise withdrawn for another reason.
Trans 327.14(6)(b)2.
2. Record the person's medical certification status as “Not Certified" on the commercial driver license information system, if the person was last certified as a Tier 1 driver.
Trans 327.14(6)(b)4.
4. Complete the actions required under this paragraph within 60 days after the expiration of the medical certificate or the deadline for providing a medical certificate. The department shall record the entry required under this subdivision within 10 da
ys after expiration of the medical certificate or receiving notice that a medical certificate or medical variance is removed or rescinded.
Trans 327.14(6)(c)1.1. A downgrade does not affect the operating privileges of any non-commercial vehicle classifications. A person whose CDL is downgraded under this subsection may retain an operator's license that indicates commercial driver clas
ses and endorsement without making any physical alterations to that operator's license.
Trans 327.14(6)(c)2.
2. A
downgrade
under
this subsection affecting an “H" endorsement is considered suspension of that endorsement, not a voluntary surrender
under s.
343.265 (1r), Stats. The department may not cancel an “H" endorsement under s.
343.265, Stats., as a result of a downgrade under this subsection.
Trans 327.14(7)(a)(a) A person whose CDL is downgraded may reinstate his or her CDL at any time prior to the CDL expiration date by making the certification required under sub.
(3), or, if required, providing a medical certification, or both, or by changing the person's certification to something other than a Tier 1 driver.
Trans 327.14(7)(b)
(b) Reinstating a CDL that is downgraded has no effect on any suspension, revocation, cancellation, disqualification or withdrawal for another reason.
Trans 327.14(7)(c)
(c) The department may not charge a fee to reinstate a CDL that is downgraded, but may charge a fee to reinstate a C
DL that is also suspended, revoked, cancelled, disqualified or otherwise withdrawn for another reason, or to change restrictions that require the issuance of a duplicate CDL.
Trans 327.14(7)(d)
(d) Upon reinstatement under this paragraph, the department shall record the reinstatement on the person's driving record and on the commercial driver license information system and shall make applicable record entries relating to the medical certification.
