Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to s.
345.11 (4), Stats., and interpreting s.
345.11, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
3rd day of February, 2003, at 3:00 PM, to consider the amendment of ch.
Trans 114, Wis. Adm. Code, relating to uniform traffic citation.
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.
The public record on this proposed rule making will be held open until close of business February 10, 2003, 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 Anna Biermeier, Department of Transportation, Bureau of Driver Services, Revocations and Suspensions Section, Room 305, P. O. Box 7917, Madison, WI 53707-7917.
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 Department of Transportation
Statutes interpreted: s.
345.11, Stats.
General Summary of Proposed Rule. Chapter
Trans 114 promulgates the recommendations of the Council on Uniformity of Traffic Citations, including:
1. The form or automated format of the uniform traffic citation; and
2. Other rules necessary for the implementation and operation of s.
345.11, Stats.
With the advice of the Council on Uniformity of Traffic Citations, the Department proposes amending ch.
Trans 114 to:
• Promulgate a revised uniform traffic citation form (the proposed new version is figures 1 to 5 of the proposed rule).
• Promulgate an automated format for the uniform traffic citation (the proposed layout of a printed citation provided to a defendant under the automated system is figure 6 of the proposed rule).
• Clarify that chs.
340 and
343, Stats., definitions apply in the chapter.
• Update document security provisions.
• Update references to previous versions of the form and authorize the use of existing stocks of uniform traffic citation forms.
Changes to the format of the existing traffic citation form are largely made to speed transcription of the data included on the form when forms are submitted to DMV by courts. In addition, some of the information on the front of the form is substantially simplified. For example, the language, “You Are Notified To Appear, Is this a mandatory Court Appearance ⍽ YES ⍽ NO (Read the reverse side of this citation for court information)," is reduced to “Appearance Required ⍽No ⍽Yes See back for court/point information." The language simplification allows the message to be carried in larger size print and more accurately describes the disclosures on the back of the citation.
In addition this rule making proposes to eliminate the requirement that a court clerk submit a signed, dated letter with each group of adjudicated citations indicating the dispositions entered on the citations are true and correct. The Department has concluded this requirement is unnecessarily burdensome and that it provides no real assurance of authenticity. More useful safeguard mechanisms that DOT and law enforcement use are documented in the rule making such as:
(1) Requiring control numbers appear on preprinted and automated citations.
(2) Issuing blocks of control numbers to designated law enforcement agencies, law enforcement officers, or specific computers, to be printed on automated citations.
(3) Auditing the use of citation forms and automated citation systems.
Finally, the Council on Uniformity of Traffic Citations and Complaints authorizes the Department to make simple changes to the form, such as changing the layout or order of fields on the form, in order to speed up data processing, or to make the citation reflect changes in law. Any changes made under this provision are to be promptly reported to the Council.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule
Copies of the rule may be obtained upon request, without cost, by writing to Anna Biermeier, Bureau of Driver Services, Revocations and Suspensions Section, P. O. Box 7917, Madison, WI 53707-7917, or by calling (608) 266-9901. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
