There are two primary sections to this rule making: proposed s. Trans 117.025, which lays out the occupational licensing process, and s. Trans 117.03, which describes the manner in which the Department will decide whether to issue an occupational license, what restrictions will be placed on the license. The proposed amendments to s. Trans 117.03 also clarify which prohibitions or restrictions of occupational licensing may be waived by a court in conducting a review under s. 343.10(4), Stats.
To obtain an occupational license, a person makes an application to the Department at any DMV service center (except the “express service facilities” that are not equipped to handle any matters other than driver license and registration renewals). The application includes a petition for occupational license, proof of financial responsibility for the future, and the original or a certified copy of any required court order for issuance of the license, and a $40 non-refundable application fee.
The DMV service center will accept the application and conduct an on-the-spot initial screening of the application. If the center detects no obvious defect in the application or reason the person would be ineligible for an occupational license, it will issue the person a 15 day temporary driving receipt and ask the person to return to the DMV service center on the next working day (or, if the center is a “travelling site,” the next time the travel team returns to the location.) The application will then be forwarded to the Division of Motor Vehicles Compliance and Restoration Section for formal review.
The Compliance and Restoration Section will carefully review the application for occupational license and make an initial determination regarding the person's eligibility for occupational licensing and what restrictions should be placed on the license. If the person is ineligible for licensing, it will notify the driver by mail that the application was denied and the reasons for denial. If the person is eligible for licensing, the unit will advise the DMV service center to issue the person an occupational license and will set the restrictions to be placed on the license.
A person whose application for occupational license is denied may appeal the decision to deny the license, or the decision to impose certain restrictions on the license, to the circuit court in the county where the person resides. Section 343.10, Stats., requires the driver to provide the court with a copy of his or her driver record. WISDOT will encourage courts to adopt local rules also requiring the driver to provide a copy of DMV's denial letter to the court so that the court can see what prompted DMV's license denial.
The court can review the Department's decision de novo and grant or deny the person an occupational license or whether to change the restrictions imposed on the licensee by DMV. The court can change any of the discretionary decisions made by the Department in issuing the license. As was the case under prior law, the court may not overstep its statutory powers and order issuance of a license or waiver of a restriction where license denial or imposition of the restriction are mandatory. Upon completion of its review, the person may return to DMV and reapply for an occupational license. The Department will issue the license subject to any restrictions imposed by the court. As was the case under the prior law, the Department will not issue the license if the person is statutorily prohibited from being licensed, and will impose any statutorily required restrictions.
Proposed s. Trans 117.03(1) lays out the mandatory qualifications for occupational licensing:
○ Wisconsin residency;
○ A revoked or suspended license;
○ Proof of financial responsibility;
○ A completed application;
○ Surrender of old licenses;
○ Proof of installation of any required ignition interlock device (repeat drunk drivers only);
○ Proof of completion of alcohol assessment (repeat drunk drivers only);
○ Valid license status in other states (if the person is moving to Wisconsin);
○ Having passed their driving tests (primarily new drivers);
○ Not being convicted of certain sexual offenses;
○ Meeting all physical health requirements;
○ Not being revoked more than once in the preceding year; and
○ Not having “judge shopped” to more than one circuit court.
All of these mandatory requirements are taken from various statutory provisions within Ch. 343, Stats., and are reiterated in this proposed rule making for clarity.
Proposed s. Trans 117.03(2) details the restrictions which are required for occupational licensing under the statutes:
○ The license can't grant any privileges the driver didn't have before his/her license was suspended or revoked;
○ The license can't authorize operation of commercial motor vehicles if the driver is disqualified;
○ An absolute sobriety requirement if the driver has 2 or more alcohol related convictions;
○ The license can't authorize operation of any vehicle for which the person hasn't posted proof of financial responsibility; and
○ The license can't authorize operation of a school bus.
Section 343.10, Stats., leaves a number of discretionary decisions in the Department's hands, subject to judicial review. Discretionary determinations to be made by the Department in deciding whether to issue an occupational license to a person include:
○ Whether operating a motor vehicle is essential to the driver's livelihood; and
○ The number and seriousness of prior offenses.
The Department will rely on drivers' affirmations that they need licenses for their livelihood. In considering the number and seriousness of prior offenses, the Department proposes to preliminarily deny occupational licenses to two types of drivers: those with 24 or more demerit points in the preceding year and those with 3 or more alcohol offenses in a 5 year period.
Drivers in either class will need to apply to a circuit court for license. The Department expects that approximately 1 in 500 occupational license applicants will receive a preliminary denial based on points (44 people statewide per year). The number of drivers with 3 or more alcohol offenses in a 5-year period who will apply for occupational licenses is not known. With both groups of drivers, the Department believes a case-by-case review by a judge of the driver's request for an occupational license is appropriate.
The Department also has discretion regarding whether to impose certain restrictions on a driver. These restrictions include:
○ Limitations on the hours or routes of travel to be authorized under the license;
○ Whether to impose restrictions on the use of alcohol or controlled substances; and
○ Whether to require an ignition interlock as a condition of licensing.
Under this proposed rule, the Department will decide the reasonableness of hours and routes of travel on a case by case basis. The Department will impose an ignition interlock device requirement only in instances where third offense drunk drivers are required to install the device on a vehicle following a conviction for operating while intoxicated. The Department will restrict the use of alcohol or controlled substances under the proposed rule for drivers convicted of 2 or more prior alcohol offenses as required by statute.
Any discretionary decision made by the Department may be reviewed by a circuit court upon the driver's request. The Department will implement the court's determinations on these discretionary matters.
This proposed rule making does not affect the Department's longstanding practice of permitting emergency service providers extended operating authority in bona fide emergencies. Clarification is made, however, that only persons engaged in activities to minimize threats to human life qualify for the emergency service provider endorsement.
Fiscal Effect
The fiscal effect of this rule making derives from that of 1995 Wis. Act 269. The Department has issued approximately 22,000 occupational licenses over the past few years and expects to issue approximately the same number in the coming year. This will result in an increase to state revenues of approximately $440,000 as monies that were paid to courts are directed to the Department.
The Department expects to incur one-time data processing costs of at least $21,000, and forms development, revision and distribution costs of $5,000. The Department expects a workload increase of at least 1.2 FTEs at a cost of approximately $37,500 and ongoing forms costs of approximately $2,000 annually.
Initial Regulatory Flexibility Analysis
This proposed rule is not expected to affect small businesses.
Preparation and Copies of Proposed Rule
Preparation of this proposed rule was done by Richard Kleist of the Division of Motor Vehicles. Copies of the emergency rule and the proposed rule may be obtained upon request, without cost, by writing to Richard Kleist, Department of Transportation, Bureau of Driver Services, Room 301, P. O. Box 7920, Madison, WI 53707-7920, or by calling (608) 266-2261. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Department of Transportation
Notice is hereby given that pursuant to s. 227.18, Stats., and interpreting ss. 341.405, 341.43 and 341.45, Stats., the Department of Transportation will hold a public hearing in Room 414 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 6th day of December, 1996, at 1:00 PM, to consider the amendment of ch. Trans 152, Wis. Adm. Code, relating to Wisconsin Interstate Fuel Tax and the International Registration Plan.
The public record on this proposed rule making will be held open until December 13, 1996, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Steven R. Postler, Department of Transportation, Bureau of Vehicle Services, Room 151, P. O. Box 7955, Madison, WI 53707-7955.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: ss. 227.11(2), 227.18, 341.405 and 341.45(5)
STATUTES INTERPRETED: ss. 341.405, 341.43 and 341.45
General Summary of Proposed Rule. The purpose of this proposed rule is to update rules that are used in the administration of fuel use taxes for certain types of motor vehicles. Essentially, this proposed rule applies to vehicles that operate in Wisconsin at a weight greater than 26,000 pounds. Section 341.45(1g)(a), Stats., indicates that qualified motor vehicles as described in this proposed rule must pay tax on motor fuel used while operating in Wisconsin. Since most states collect fuel tax at the pump, Wisconsin would not receive tax on fuel purchased out of state but used here. The proposed rule updates the policies and procedures used to collect fuel taxes on that fuel.
The proposed rule also codifies rules used in the administration of the International Registration Plan (IRP). Section 341.405, Stats., indicates the Secretary of Transportation shall do all things necessary to effectuate the IRP adopted by the American Association of Motor Vehicles Administrators, with such exceptions as are deemed advisable and such changes as are necessary. The IRP is an agreement among states of the United States and provinces of Canada providing for payment of heavy vehicle (18 wheel semi tractor-trailers for the most part) registration fees based on the miles operated in each member jurisdiction.
The concept of IRP is for interstate operators of heavy vehicles to pay registration fees to IRP member jurisdictions based on the percentage of total miles travelled in each IRP jurisdiction in which they operate. Interstate operators are required to file mileage reports with the jurisdiction in which they are based. The base jurisdiction collects the registration fees due each member jurisdiction according to the data on the mileage reports. The base jurisdiction then forwards the registration fees collected to each IRP member jurisdiction once a month.
Trans 152 contains the following key provisions:
1. Trans 152.02 defines various terms pertaining to fuel tax collection and to the administration of the IRP.
2. Trans 152.05 updates rules concerning a fuel tax license.
3. Trans 152.095 establishes rules concerning successor liability.
4. Trans 152.11 establishes rules concerning records requirements.
5. Trans 152.123 establishes rules concerning inadequate records.
6. Trans 152.124 establishes rules concerning a staggered registration period.
7. Trans 152.125 establishes rules concerning issuance of permanent IRP plates.
8. Trans 152.126 establishes rules concerning display of IRP plates.
9. Trans 152.13 updates rules concerning audits and assessments.
10. Trans 152.16 establishes rules concerning jeopardy assessments.
Fiscal Effect
Minimal fiscal effect is expected. Ch. Trans 152 updates and codifies procedures currently being used to collect fuel taxes and IRP registration fees.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Preparation and Copies of Proposed Rule
Preparation of this proposed rule was done by Steven R. Postler. Copies of the rule may be obtained upon request, without cost, by writing to Steven R. Postler, Department of Transportation, Bureau of Vehicle Services, Room 151, P. O. Box 7955, Madison, WI 53707-7955, or by calling (608) 266-3376. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396. Alternate formats of the proposed rule will be provided to individuals at their request.
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 96-149):
Ch. ATCP 77 - Relating to laboratory certification fees for laboratories that test milk, food or water for compliance with public health standards.
Chs. ILHR 20 and 21 - Relating to one- and two-family dwelling construction in floodplains.
Chs. ILHR 63 and 64 - Relating to energy conservation and ventilation.
Ch. HSS 46 - Relating to group day care centers for children.
