○ 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.
Chs. HSS 101, 105 and 107 - Relating to Medical Assistance (MA) reimbursement for provision of school-based health care services.
Ch. HSS 136 - Relating to embalming standards.
Chs. HSS 105 and 107 - Relating to elimination of coverage under the Medical Assistance (MA) program for services that are medically unnecessary, including services and items that enhance fertility in males or females.
Chs. Med 1 to 8, 19 and 20 and s. Med 14.03 - Relating to open book examinations on statutes and rules, examination reviews and claims of examination error, and requirements relating to oral examinations by applicants.
Ch. NR 235 - Relating to the regulation of effluent limitations and pretreatment standards for the organic chemicals, plastics and synthetic fibers industry.
Ch. NR 233 - Relating to the regulation of wastewater effluent limitations and pretreatment standards for the pesticide chemicals industry.
SS. NR 439.01 and 484.04 and ch. NR 460 - Relating to general provisions for emission standards for hazardous air pollutants.
SS. NR 400.02, 400.03, 407.02, 407.03, 407.04, 423.02, 423.03, 460 Appendix T, 468.40 and 484.04 - Relating to emission standards for hazardous air pollutants generated from halogenated solvent cleaning operations.
SS. RL 34.01 and 34.011 - Relating to conditions for transporting firearms in vehicles by private security persons.
Ch. RL 130 - Relating to examinations and continuing education requirements for interior designers.
S. Tax 11.83 - Relating to the Wisconsin sales and use tax treatment of motor vehicles.
SS. Trans 325.01, 325.02, 326.01 and 328.03 - Relating to motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials, and motor carrier safety requirements for intrastate transportation of hazardous materials.
Ch. Trans 102 - Relating to driver license issuance.
S. Trans 269.11 (2a) - Relating to transportation of garbage or refuse permits.
