Register

This proposed rule making combines Chs. Trans 129 and 503 which both relate to the motorcycle safety schools. Ch. Trans 129 deals with requirements for licensing of instructors and schools. Ch. Trans 503 deals with funding for those schools. Because the two issues are closely related and there is no need for separate chapters in the administrative code on these two issues, the Department is incorporating the provisions of Ch. Trans 503 into Ch. Trans 129. Currently, to be granted a waiver of the DMV motorcycle skills test, a graduate of a rider course has to apply for the waiver no more than one year after completing the rider course. The one-year expiration of the waiver authorization is repealed; it will now have no expiration date. However, the rule continues to provide that the person who attempts and fails the motorcycle skills test after completing the rider course is no longer eligible for waiver. This is to prevent the paradoxical situation that occurs if a person fails the test thus showing lack of skill and then “finds” the waiver authorization form.

Currently, a person applying for waiver of the motorcycle skills test must have held a valid cycle instruction permit for at least 7 days. The proposed rule follows the statutory requirement that a person applying for this waiver must hold a valid cycle instruction permit; the minimum 7 days has been repealed.

The proposed rule provides that all persons, not just those under age 18, are exempt from the requirement to complete a rider course if they do not reside within 50 highway miles of a basic rider course site.

Currently, a person may not:

○ renew a cycle instruction permit if he or she held three previous instruction permits

○ attempt the motorcycle skills test if the person has failed two previous tests.

The proposed rule provides that the Department will only check back 5 years when counting the number of motorcycle instruction permits and the number of skills test failures. This limits the amount of time that the Department is required to keep records of motorcycle instruction permits and motorcycle skills test failures.

The Department is aware that some other jurisdictions and agencies, such as the U.S. military, have motorcycle rider courses equivalent to Wisconsin rider courses. In order to make courses available to as many Wisconsin residents as possible, the Department has included courses in neighboring states for waiver authorization. In the proposed revision to ch. Trans 129, the Department has also provided for the acceptance of other courses if they can provide evidence that the course meets the requirements of this rule for a basic rider course or experienced rider course.

The proposed rule requires a basic rider course to include instruction on the hazards posed by farm machinery and animals on the highway. The class size maximum for a basic rider course has been extended from 30 to 36. The number of students on a range for the experienced rider course has been expanded from 12 to 15 students. The rule also provides for exceptions to classroom or range sizes on a case-by-case basis provided it will not adversely affect the instruction provided or class safety.

This rule requires all motorcycle schools, public or private, to meet the same standards for classroom size, instruction and curriculum. High school and technical school programs which are not required to be licensed under ss. 343.60 to 343.73, Stats., are exempt from s. Trans 129.20, which reflects statutory requirements imposed on private driver schools. The two private entities in Wisconsin that provide motorcycle rider course instruction are required to be licensed under ss. 343.60 to 343.73, Stats. Under this proposed rule, however, the Department has sought to alleviate the administrative burden of driver school licensing on these entities by permitting the use of existing motorcycle instruction school authorization procedures in lieu of the ordinary private driver school licensing procedures of Ch. Trans 105. Thus, for example, record keeping required of private driver school licensees under proposed s. Trans 129.20(3)(g) is identical to the public school requirement. Similarly, private school instructors need to meet the same testing standards as high school or vocational school instructors under proposed s. Trans 129.20(4)(b).

Currently, no private driver school offers both car and motorcycle training. The rule provides, however, that should a school decide to offer both types of instruction that the school will need to meet the requirements of Ch. Trans 129 with regard to motorcycle classes and Ch. Trans 105 with regard to car driving classes.

Fiscal Impact

The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district, sewerage district, or any federally-recognized tribes or bands.

Initial Regulatory Flexibility Analysis

This proposed rule will have no adverse impact on small businesses.

Copies of Proposed Rule

Copies of this proposed rule may be obtained upon request, without cost, by writing to Alice Weiss, Department of Transportation, Bureau of Driver Services, Room 351, P. O. Box 7920, Madison, WI 53707-7920, or by calling [phone]. Hearing-impaired individuals may contact the Department using TDD [phone]. Alternate formats of the proposed rule will be provided to individuals at their request.

Notice of Proposed Rule

Transportation

Notice is hereby given that pursuant to the authority of s. 86.31(6), Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending ch. Trans 206 without public hearing unless, within 30 days after publication of this notice on May 1, 1997, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.

Questions about this rule and any petition for public hearing may be addressed to Ana Aquino-Perez, Division of Transportation Investment Management, Bureau of Transit and Local Roads, Room 951, P. O. Box 7913, Madison, Wisconsin 53707-7913, telephone [phone].

Analysis Prepared by the Wisconsin Department of Transportation

STATUTORY AUTHORITY: s. 86.31(6)

STATUTE INTERPRETED: s. 86.31(6)

General Summary of Proposed Rule

This rule making proposes a minor revision to the Department's Local Roads Improvement Program, ch. Trans 206. The rule was revised in December of 1994 to include a provision for a new appropriation for high cost town road projects. Section 1 amends the present “Administrative Cost” definition to exempt the deduction of county administrative fees from the Town Road Improvement Discretionary Program (TRIP-D) component of LRIP. TRIP-D was added to the program during the 1993-95 biennium specifically to provide funding for high cost town road improvement projects - costing $100,000 or more - that otherwise would not be funded. The existing rule requires that a county administrative fee be deducted from the total allocation of the county Town Road Improvement Program (TRI), the Municipal Street Improvement (MSI) Program for cities and villages with a population of 20,000 or less, and the statewide Town Road Improvement Discretionary Program (TRID) of LRIP. There was never an intent to include the statewide TRID in this provision. The present requirement was included in the current rule by error when the rule was last updated.

The county commissioners have already received and have agreed upon a level of reimbursement for administrative costs for the entire LRIP program. The addition of the few geographically diverse TRIP-D projects does not have an effect on county administrative costs. The TRIP-D program is completing its second biennial program at the end of fiscal year 1997. As of today, no payments in the form of administrative fees have been made to any county commissioners from the administration of the TRIP-D program, therefore, we expect no impact from this rule change.

Section 2 makes modifications to the uniform provisions of the LRIP project agreement to include the STRIDC as the approval source for TRIP-D projects.

Fiscal Impact

The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district, sewerage district, or any federally-recognized tribes or bands. The Department also anticipates no fiscal impact on state funds.

Initial Regulatory Flexibility Analysis

This proposed rule will have no adverse impact on small businesses.

Copies of Rule

Copies of the proposed rule may be obtained upon request, without cost, by writing to Ana Aquino-Perez, Division of Transportation Investment Management, Bureau of Transit and Local Roads, Room 951, P. O. Box 7913, Madison, Wisconsin 53707-7913, or by calling [phone]. Alternate formats of the proposed rule will be provided to individuals at their request.

Text of Proposed Rule

Under the authority vested in the state of Wisconsin, department of transportation, by s. 86.31(6), Stats., the department of transportation hereby proposes an order to amend a rule interpreting s. 86.31(2), Stats., relating to the local roads improvement program.

SECTION 1. Trans 206.02(1) is amended to read:

Trans 206.02(1) “Administrative cost” means the county highway commissioner's staff and material costs to perform the county highway commissioner's duties to the county MSI program for cities and villages with a population of 20,000 or less, and the county TRI program, and the statewide TRID, as defined in this chapter, including the cost of conducting bid lettings for MSI projects in cities and villages with a population of 20,000 or less and for TRI and TRID projects.

SECTION 2. Trans 206.03(12)(c)3 is amended to read:

Trans 206.03(12)(c)3.  Description of the proposed work as approved by the CTRIC, STRIDC or CMSIC where appropriate and the intended construction year.

Notice of Hearing

Transportation

Notice is hereby given that pursuant to ss. 85.16(1) and 348.07(4), Stats., interpreting s. 348.07(4), Stats., the Department of Transportation will hold a public hearing at the following locations to consider the amendment of ch. Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways.

Hearing Information

May 13, 1997   Waupaca Cty. Courthouse

Tuesday   811 Harding Street, Rm. 3025

10:00 a.m.   Waupaca, WI

May 16, 1997   Hill Farms State Trans. Bldg.

Friday   4802 Sheboygan Ave., Rm. 421

10:00 a.m   Madison, WI

The hearing locations are accessible to persons with disabilities.

The public record on this proposed rule making will be held open until close of business, May 21, 1997, 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 written comments should be submitted to Mark Morrison, Traffic & Safety Engineer, Room 601, P. O. Box 7916, Madison, Wisconsin, 53707-7916.

NOTE: This hearing is being conducted at 2 locations in order to give the public greater opportunity to present its facts, arguments and opinions. The records from both locations will be combined into a single Hearing Record on which the Department will base its decisions. Individuals need only attend one of the public hearings for their testimony to be fully considered.

Analysis Prepared by the Wisconsin Department of Transportation

STATUTORY AUTHORITY:  ss. 85.16(1) and 348.07(4)

STATUTE INTERPRETED:   s. 348.07(4)

This proposed rule amends Trans 276.07(10), (11) and (16) Wisconsin Administrative Code, to add three segments of highway to the designated highway system established under s. 348.07(4), Stats. The actual highway segments that this proposed rule adds to the designated highway system are:

Hwy	From	To
STH 49	USH 10 in Waupaca	STH 161 in Iola
STH 54	I-43 in Green Bay	STH 42 in Algoma
STH 78	USH 12 S. of Sauk City	USH 14 E. of Mazomanie

This rule also amends Trans 276.07(8) and (16), Wisconsin Administrative Code, to reflect the designation of STH 78 and USH 51 as IH 39. These highway segments are currently designated highways so the change in wording does not change the designated highway system.

Note: The proposed rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.

The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s. 348.07(2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.

Note: 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 40006(b) of the Intermodal Surface Transportation efficiency Act of 1991.

The effect of this proposed rule will be to extend the provisions of s. 348.07(2)(f), (fm), (gm) and (gr), and s. 348.08(1)(e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.

These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.

Fiscal Impact

The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district, sewerage district, or any federally-recognized tribes or bands.

Initial Regulatory Flexibility Analysis

The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.

Copies of Rule and Contact Person

Copies of this proposed rule are available upon request, without cost, at the office of the State Traffic Engineer, P. O. Box 7916, Madison, Wisconsin, 53707, telephone [phone]. For questions about this proposed rule making, please call Mark Morrison, Traffic & Safety Engineer at [phone]. Alternate formats of the proposed rule will be provided to individuals at their request.

Notice of Hearings

Transportation

Notice is hereby given that pursuant to ss. 85.16(1), 110.075, 227.10(1) and 347.35(3)(b), Stats., and interpreting ss. 342.07(2), 342.30 and ch. 347, Stats., the Department of Transportation will hold public hearings at the following locations to consider the amendment of chapter Trans 305, Wisconsin Administrative Code, relating to standards for vehicle equipment:

Hearing Information

June 3, 1997   Hill Farms State Trans. Bldg.

Tuesday   4802 Sheboygan Ave., Room 551

1:00 p.m.   Madison, WI

June 3, 1997   Hill Farms State Trans. Bldg.

Tuesday   4802 Sheboygan Ave., Room 421

7:00 p.m.   Madison, WI

The public record on this proposed rule making will be held open until June 10, 1997, 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 Major Michael Moore, Wisconsin State Patrol Academy, 800 South 10th Avenue, Sparta, WI 54656-5164.