Analysis Prepared by the Wis. Dept. of Transportation
Statutory Authority: s. 343.055
Statute Interpreted: s. 343.055
General Summary of Proposed Rule
Section 343.055 (5), Stats., directs the Secretary to incorporate federal waivers of commercial driver license requirements into state law by promulgation of administrative rules. On April 3, 1996, the U.S. Department of Transportation Federal Highway Administration published a limited waiver for backup snowplow drivers employed by local units of government. 61 Fed. Reg. 14677, April 3, 1996.
This proposed rulemaking extends the federal waiver to state drivers to the extent permitted under federal law. To be eligible for the waiver, the driver must be a backup driver that is employed by a local unit of government (contractors for government and their employes are not eligible.) The vehicle driven may only be operated within the confines of the political body's boundaries. The political subdivision may have a population of no more than 3000 people. All Wisconsin counties exceed this maximum population restriction, so only towns and municipal bodies will benefit from this legislation in Wisconsin. Finally, the driver may only operate under the waiver where the employe who ordinarily operates the vehicle is unavailable or in need of additional assistance due to a snow emergency. The customary operator of the vehicle is still required to hold a commercial driver license.
The Department anticipates no fiscal effect from this proposed rulemaking.
Initial Regulatory Flexibility Analysis
This proposed rule will not impact small businesses.
Copies of Proposed Rule
Copies of this proposed rule can be obtained upon request, without cost, from the Division of Motor Vehicles, Bureau of Driver Services, P.O. Box 7920, Madison, WI 53707-7920. For further information, contact Wes Geringer (608) 266-0614 or Gerry Bown (608) 266-0428.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection (CR 96-9):
Ch. ATCP 100 - Relating to payroll statements to milk producers and price discrimination in milk procurement.
Barbering & Cosmetology Examining Board (CR 96-1):
S. BC 3.03 (5) - Relating to booth rental arrangements.
S. HSS 55.90 - Relating to higher quality of care standards for child care providers and the administration of staff retention and quality improvement grants for providers who meet the higher quality of care standards.
Ch. HSS 275 - Relating to appeal procedures for persons applying for or receiving vocational rehabilitation services.
Ch. HSS 111 - Relating to licensing of emergency medical technicians-intermediate (EMT's-intermediate) and approval of operational plans for EMT's-intermediate.
Health & Social Services (CR 96-3):
Ch. HSS 112 - Relating to licensing of emergency medical technicians-paramedic (EMT's-paramedic) and approval of operational plans for use of EMT's-paramedic.
Ch. Med 8 - Relating to physician assistants.
SS. NR 20.015, 20.02, 20.03, 20.037 and 21.04 - Relating to sport fishing.
Physicial Therapists Affiliated Credentialing Board (CR 96-52):
S. PT 3.01 (4) - Relating to temporary licenses to practice physical therapy.
S. Tax 2.47 - Relating to the apportionment of net business incomes of interstate motor carriers.
Ch. Trans 107 - Relating to driver licensing of people with chemical abuse or dependency problems.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Agriculture, Trade & Consumer Protection (CR 95-14):
An order creating ch. ATCP 123, relating to telecommunications and cable television service.
An order amending ch. ERB 1, relating to temporary construction facility hazardous chemical inventory reporting.
Employment Relations, Dept. of (CR 96-51):
An order creating s. ER 29.03 (8) (bm), relating to the rate of pay as a result of voluntary demotions by employes who are notified they may be subject to layoff.
An order affecting ch. HSS 62, relating to assessment and treatment of intoxicated drivers.
An order repealing and recreating ss. NR 1.15 (2) (a), 10.104 and 10.28, relating to deer hunting permits.
Part effective 08-01-96.
Part effective 09-01-96.
An order creating s. NR 19.02, relating to requiring a handling fee for certain approvals required for hunting, trapping or fishing.
An order repealing and recreating ss. NR 10.01 (1) (g) 1. L. and 10.31 (11) and creating s. NR 10.01 (1) (g) 1. m., relating to migratory game bird hunting.
An order affecting ss. NR 10.01, 10.02, 10.106, 10.145, 10.27, 10.29 and 10.40, relating to hunting and trapping.
An order creating ch. RL 9, relating to establishing a procedure for determining whether an applicant for credential renewal is liable for any delinquent taxes.
An order creating s. SEC 2.01 (3) (e), relating to designating the Chicago stock exchange under s. 551.22 (7), Stats.
An order amending s. Trans 6.04 (1) (e), relating to administration of the federal section 18 program.
An order creating ch. VA 14, relating to the establishment of fees for burial at state veterans' cemeteries.
The State of Wisconsin
Department of Administration
Document Sales Unit
P.O. Box 7840