Chapter Trans 330

Trans 330.11 Trans 330.11 Retrofitting, replacement equipment and modifications. Except as provided under s. Trans 330.10 (19), a motor bus is not required to be retrofitted in order to comply with s. Trans 330.10 if the motor bus was manufactured and equipped in accordance with the applicable regulations under 49 CFR 393 and 571 and is maintained according to the manufacturer’s specifications. All replacement equipment and modifications of a motor bus shall meet the applicable requirements and standards under 49 CFR 393 and 571 and this chapter.

Trans 330.11 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 330.14 Trans 330.14 Federal motor vehicle safety standards.

Trans 330.14(1) (1) This chapter is not intended to establish any safety standard for an item of equipment or for an element of design or construction that is not identical to the applicable federal motor vehicle safety standard under 49 CFR 571.

Trans 330.14 Note Note: Under 15 USC 1392 (d), states and their subdivisions are prohibited from establishing motor vehicle safety standards. Those standards are specified in 49 CFR 571. That prohibition does not apply to the federal motor carrier safety regulations under 49 CFR 390 to 399.

Trans 330.14(2) (2) Nothing in this chapter is intended to allow any person to knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor bus or any item of equipment required for compliance with an applicable federal motor vehicle standard.

Trans 330.14 Note Note: Under 49 USC 1397 (a) (2) (A), such acts are prohibited.

Trans 330.14 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Trans 330.20 Trans 330.20 Inspection by department.

Trans 330.20(1) (1) Except as provided in s. Trans 330.21, at least annually, the owner, lessee or operator shall present at the time and place designated by the department each motor bus required to be inspected. The department may, at its option, inspect a motor bus at the owner’s or lessee’s place of business. The department shall issue a certificate of inspection decal for a motor bus that passes an annual inspection under this section.

Trans 330.20(2) (2) Upon request of the owner or lessee, the department shall inspect a motor bus at an interval of 6 months following the date of its annual inspection under sub. (1). The department shall provide the owner or lessee of a motor bus that passes an inspection under this subsection with a copy of the record of that inspection showing the date the inspection was performed.

Trans 330.20 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Trans 330.21 Trans 330.21 Urban mass transit system self inspection.

Trans 330.21(1) (1) A motor bus operated by an urban mass transit system, as defined in s. 85.20 (1) (L), Stats., is exempt from the requirement of annual inspection by the department if all of the following conditions are satisfied:

Trans 330.21(1)(a) (a) The urban mass transit system inspects the motor bus at least annually for compliance with the equipment standards and requirements under s. Trans 330.10.

Trans 330.21(1)(b) (b) The inspection is performed by a person who is qualified as provided in s. Trans 330.22.

Trans 330.21(1)(c) (c) The inspection is performed as specified in the inspection form prescribed by the department.

Trans 330.21(1)(d) (d) Upon completion of the inspection, the urban mass transit system submits a copy of the record of inspection of the motor bus to the department. The record of inspection shall be on the inspection form prescribed by the department.

Trans 330.21(1)(e) (e) The urban mass transit system complies with all of the maintenance record requirements of s. Trans 330.04.

Trans 330.21(1)(f) (f) The department reviews the records of inspection submitted by the urban mass transit system and determines that the motor bus inspected by the urban mass transit system is in compliance with this chapter.

Trans 330.21(2) (2) The department may audit the performance of an inspection conducted under this section by observation or by conducting an independent inspection of a motor bus operated by the urban mass transit system.

Trans 330.21(3) (3) The department may require an urban mass transit system that does not comply with this section to present any or all of its motor buses for inspection by the department.

Trans 330.21(4) (4) An urban mass transit system may elect to have its motor buses inspected by the department in lieu of inspecting them under this section.

Trans 330.21 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Trans 330.22 Trans 330.22 Qualifications for inspectors. To qualify to perform the inspection under s. Trans 330.20 or 330.21, a person must meet all of the following requirements:

Trans 330.22(1) (1) Understand the inspection criteria for a motor bus under this chapter.

Trans 330.22(2) (2) Be knowledgeable about and have mastered the methods, procedures, tools and equipment used when performing an inspection.

Trans 330.22(3) (3) Be capable of performing an inspection by reason of experience or training or both as follows:

Trans 330.22(3)(a) (a) Have successfully completed a state or federal-sponsored training program or have a certificate from a state or Canadian province which qualifies the person to perform commercial motor vehicle safety inspections.

Trans 330.22(3)(b) (b) Have training or experience or both totaling at least one year consisting of any of the following:

Trans 330.22(3)(b)1. 1. Participation in a motor bus manufacturer-sponsored training program or similar commercial training program designed to train students in motor bus operation and maintenance.

Trans 330.22(3)(b)2. 2. Experience as a motor bus mechanic or inspector in a motor carrier maintenance program.

Trans 330.22(3)(b)3. 3. Experience as a mechanic or inspector in motor bus maintenance at a commercial garage, fleet leasing company or similar facility.

Trans 330.22(3)(b)4. 4. Experience as a commercial motor vehicle inspector for a state, provincial or federal agency.

Trans 330.22 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Trans 330.23 Trans 330.23 Inspection fee. The department shall charge a $30 fee for each annual or more frequent inspection of a motor bus, except that a motor bus may be reinspected for compliance within 15 days after failing an inspection without payment of an additional fee.

Trans 330.23 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Trans 330.24 Trans 330.24 Inspection certifications.

Trans 330.24(1) (1) Beginning on January 1, 1992, a motor bus subject to annual inspection by the department under s. Trans 330.20 may not be operated on any highway unless it displays on the body of the motor bus, as close as practicable to the lower right-hand corner of the windshield, an unexpired certificate of inspection decal issued by the department. The department shall issue a certificate of inspection decal for a motor bus only after determining by inspection that the motor bus is in compliance with this chapter.

Trans 330.24(2) (2) Beginning on January 1, 1992, a motor bus that is exempt from annual inspection by the department under s. 110.063 (2), Stats., and s. Trans 330.21 may not be operated on any highway unless a copy of its most recent record of inspection under s. Trans 330.21 is carried on the motor bus and indicates that the inspection was performed within the preceding 12 months and that the motor bus was in compliance with this chapter at the time of inspection. If the motor bus was inspected by the department under s. Trans 330.21 (4) and displays an unexpired certificate of inspection decal as specified in sub. (1), the record of inspection need not be carried on the motor bus.

Trans 330.24 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Trans 330.25 Trans 330.25 Enforcement.

Trans 330.25(1) (1) This chapter shall be enforced under the applicable provisions of ss. 110.063, 110.064, 110.07 and 110.075, Stats.

Trans 330.25(2) (2) The enforcement policy of the department shall consider the age, condition, and equipment of motor buses before granting approval for their continued use. The department may not permit the use of any motor bus for transportation purposes if the department finds it unsafe or unfit for service.

Trans 330.25(3) (3) In construing and enforcing the provisions of this chapter, the act, omission or failure of any officer, employee, agent, servant or other person acting for or employed by the registered owner or the lessee of the bus, whoever has control, done within the scope of employment or on behalf of the registered owner or lessee, is deemed to be the act, omission or failure of the registered owner or lessee. This subsection does not apply to violations of ch. 346, Stats.

Trans 330.25 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Trans 330.40 Trans 330.40 Copies of federal regulations. Copies of the federal regulations cited in s. Trans 330.03 may be obtained by contacting the division of state patrol, Wisconsin department of transportation.

Trans 330.40 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.