Notice of Hearing
Transportation
Notice is hereby given that pursuant to ss. 85.16 (1), 85.20 (3) and 227.11 (2), Stats., interpreting s. 85.20 (7) (c), Stats., as created by 1999 Wis. Act 9, section 1849g, the Department of Transportation will hold a public hearing at the time and place indicated below to consider the emergency rule amendment of ch. Trans 4, Wis. Adm. Code, relating to establishing cost-efficiency standards for all urban transit systems participating in the State Urban Mass Transit Operating Assistance Program.
Hearing Information
Date & Time: Location
April 12, 2000 Room 951
Wednesday Hill Farms State Trans Bldg.
10:00 a.m. 4802 Sheboygan Ave.
Madison, WI
Parking for persons with disabilities and an accessible entrance are available.
An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter no later than 10 days prior to the hearing.
Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: ss. 85.16 (1), 85.20 (3) and 227.11 (2)
Statute interpreted: s. 85.20 (7) (c), Stats., as created by 1999 Wis. Act 9, section 1849g
General Summary of Emergency Rule. Chapter Trans 4 establishes the Department's administrative interpretation of s. 85.20, Stats., and prescribes administrative policies and procedures for implementing the state urban public transit operating assistance program. The purpose of this emergency rule is to amend ch. Trans 4 by adding a section that establishes cost-efficiency standards for all urban transit systems participating in the state aid program. 1999 Wis. Act 9 specifies that the Department may not enter into a contract for the payment of state aids until cost-efficiency standards have been incorporated into an administrative rule, which is “in effect" for calendar year 2000 contracts, and unless the contract requires the transit system to comply with those rules as a condition of receiving state aid. The Department will promulgate an emergency rule using the procedure under s. 227.24, Stats., so that state aid contracts can be executed prior to the scheduled first quarter payment date in calendar year 2000, to ensure that payments are not delayed causing undue hardship to Wisconsin municipalities.
Fiscal Estimate
While not possible to know the exact fiscal impact at this time, it is anticipated that promulgation of this proposed rule will have a negative fiscal impact on those transit systems not able to meet the minimum established cost-efficiency standard.
Initial Regulatory Flexibility Analysis
This proposed rule has no significant impact on small businesses.
Copies of Emergency Rule and Contact Information
Copies of this emergency rule are available without cost upon request by writing to Richard A. Martin, Department of Transportation, Division of Transportation Investment Management, Bureau of Transit and Local Roads, 4802 Sheboygan Avenue, Room 933, P. O. Box 7913, Madison, WI 53707-7913, or by calling (608) 266-6812. Alternate formats of the proposed rule will be provided to individuals at their request. Hearing-impaired individuals may contact the Department using TDD (608) 266-3351.
Notice of Hearings
Transportation
Notice is hereby given that pursuant to ss. 343.32 (2) (bc) as created by s. 2749gg 1999 Wis. Act 9, 343.32 (2) (c) 2. as created by s. 2749gr of 1999 Wis. Act 9, 343.085 (1) (b) as created by s. 2734rh of 1999 Wis. Act 9, 343.06 (1) (cm) as created by s. 2734qd. of 1997 Wis. Act 9, 351.02 (1) (f), 343.02 (1), 343.16, 343.25, 85.16, s. 9150 (5g), 1999 Wis. Act 9., and interpreting those statutory provisions and s. 2734qd to 2747s, 9150 (5g), 9350 (4g) and 9446 (3g) of 1999 Wis. Act 9, the Department of Transportation will hold public hearings at the following locations to consider the amendment of chs. Trans 101, 102, 103 and 104, Wis. Adm. Code, relating to the demerit point system and graduated driver license restriction extensions.
Hearing Information
Date & Time: Location:
April 12, 2000 Auditorium
Wednesday DC Everest High School
3:15 p.m. 6500 Alderson Street
Schofield, WI
(Parking for persons with disabilities is available on south driveway near back door)
Date & Time: Location:
April 13, 2000 Little Theater, Eau Claire
Thursday Memorial High School
7:00 p.m. 225 Keith Street
Eau Claire, WI
(Parking for persons with disabilities is located by door #1; enter from Clairemont Avenue)
Date & Time: Location:
April 17, 2000 Cafeteria, John
Monday Marshall High School
4:00 p.m. 4141 N. 64th Street
Milwaukee, WI
(Parking for persons with disabilities is located in the north parking lot by door #10; enter from 64th or 66th Streets)
An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Written Comments
The public record on this proposed rule-making will be held open until close of business on the date of the last hearing scheduled herein, 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 John Alley, Department of Transportation, Bureau of Driver Services, Room 351, P. O. Box 7917, Madison, WI 53707-7917.
Note: This hearing is being conducted at 3 locations in order to give the public greater opportunity to present its facts, arguments and opinions. The records from all 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 Wis. Dept. of Transportation
Statutory authority: ss. 343.32 (2) (bc) as created by s. 2749gg 1999 Wis. Act 9, 343.32 (2) (c) 2. as created by s. 2749gr of 1999 Wis. Act 9, 343.085 (1) (b) as created by s. 2734rh of 1999 Wis. Act 9, 343.06 (1) (cm) as created by s. 2734qd. of 1997 Wis. Act 9, 351.02 (1) (f), 343.02 (1), 85.16, s. 9150 (5g), 1999 Wis. Act 9.
Statutes interpreted: ss. 343.32 (2) (bc) as created by s. 2749gg 1999 Wis. Act 9, 343.32 (2) (c) 2. as created by s. 2749gr of 1999 Wis. Act 9, 343.085 (1) (b) as created by s. 2734rh of 1999 Wis. Act 9, 343.06 (1) (cm) as created by s. 2734qd. of 1997 Wis. Act 9, 351.02 (1) (f), 343.02 (1), 85.16, s. 9150 (5g), 1999 Wis. Act 9.
General Summary of Proposed Rule. 1999 Wis. Act 9, the 1999 budget bill, incorporated the provisions of 1999 AB 52 and established a Graduated Driver License (“GDL") system for Wisconsin. The general scheme of the legislation is to require drivers to practice more before obtaining their first drivers licenses, to restrict the types of driving activities they may engage in after first obtaining their licenses, and to penalize those that break traffic laws, such as speeding, more harshly than experienced drivers.
This proposed rule-making administratively interprets the GDL provisions of 1999 Wis. Act 9 and provides a framework for enforcement of the driver license restrictions applied to new drivers and to implement the harsher demerit point system applied to drivers that are subject to the new law.
In addition to implementing a GDL law, 1999 Wis. Act 9 also amended existing law to provide the Department with authority to regulate the copying of driver licenses. This rule proposes to implement that legislative directive by permitting any business to copy driver licenses for legitimate business purposes, provided they do not compile a library of photographs from the copies, nor sell them.
In addition, where administrative changes in rules being amended were already contemplated by the Department, those changes are incorporated into this rule-making.
Demerit Point Counting. 1999 Wis. Act 9 requires the Secretary to double demerit points assessed for second and subsequent traffic offenses to drivers who obtain probationary licenses or are eligible for probationary licensing after September 1, 2000. Under current ch. Trans 101, two extra points per offense are charged to a driver who commits such offenses. This rule making proposes to eliminate the current rule providing for only two extra points per offense and provides that all probationary drivers shall be subject to the same point doubling rules after September 1, 2000.
Under current law, a person who accumulates 12 demerit points in a one-year period is subject to a 2-month suspension. Act 9 requires that GDL holders receive 6 month license suspensions for accumulating 12 demerit points in a year. This rule-making proposes to implement this requirement, but retains the Department's current rule which calls for revoking or suspending the driver license of a driver who accumulates more than 30 points in a year.
As under current law, a driver's first traffic offense does not result in increased point assessments, but all subsequent offenses do. Unlike current law, safety equipment violations, such as speedometer violations, missing lights, or failure to buckle small children into child safety restraints cannot be enhanced. This rule-making proposes to amend ch. Trans 101 to conform to these new requirements.
License Eligibility - Clean Driver Record Requirement. Act 9 requires the Department to establish a list of offenses which, if committed within 6 months of application for a GDL, makes the person ineligible for licensing. The usual impact of this provision will be to delay an instruction permit holder who is ticketed for a traffic law violation from receiving his or her GDL.
This rule proposes to make any person committing a demerit point offense ineligible for licensing, except for equipment violations resulting in assessment of 2 points or less and illegal riding. Although Act 9 prohibits the doubling of demerit points for seat belt, child restraint and defective speedometer violations, this rule proposes to make drivers who commit those specific equipment violations ineligible for licensing for 6 months.
Restriction Extensions. Act 9 provides that all new drivers' licenses shall be restricted for the first 9 months they hold their GDL. Those extensions can be extended if the drivers commit certain offenses during that first 9 month period. The Department is required to promulgate rules defining which offenses will result in extension of the restrictions.
This rule-making proposes to extend GDL restrictions for drivers who commit any offense for which demerit points are assessed or any of the following:
• Underage “drinking and driving" offenses.
• Hit and run offenses.
• Offenses in other jurisdictions which, if committed in Wisconsin, would result in an extension.
Extensions will not, however, be required for drivers who commit any of the following offenses:
• Any violation of ch. 347, Stats., resulting in 2 or fewer demerit points except that child safety restraint, seat belt and defective speedometer violations will be used. (These are primarily equipment violations.)
• Illegal riding.
• Operating with Multiple Licenses.
• Operating without a license. [Required by 1999 Wis. Act 9 s. 9150 (5g)]
• Unlawful possession of a commercial driver license.
