NOTICE IS HEREBY GIVEN that pursuant to ss.
110.07,
110.075,
194.38,
194.43 and
227.11, Stats., and interpreting ss.
110.07 and
110.075, and ch.
194, Stats., the Department of Transportation will hold a public hearing in
Room 551 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on
July 30, 2003, at
9:00 AM, to consider the amendment of ch.
Trans 327, relating to motor carrier safety requirements.
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 on Friday, August 8, 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 Charles Teasdale, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912.
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
General Summary of Proposed Rule. This rule making will amend ch.
Trans 327, relating to intrastate motor carrier safety regulations, to bring it into compliance with the most recent changes to the Federal Motor Carrier Safety Regulations which will go into effect on January 4, 2004. Amendment of this rule will assure State Patrol inspectors and troopers are enforcing the most recent Federal Motor Carrier Safety regulations for intrastate carriers. The update of this rule will also keep the Department in compliance to qualify for continued Motor Carrier Safety Assistance Program (MCSAP) funding.
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 or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis.
This proposed rule will have minimal adverse impact on small businesses.
Copies of Proposed Rule
Copies of the proposed rule may be obtained upon request, without cost, by writing to Charles Teasdale, Division of State Patrol, P. O. Box 7912, Room 551, Madison, WI 53707-7912, or by calling (608) 266-0305. 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 ss.
110.075 (6),
194.38 (2),
194.43,
346.45 (4), and
227.11, Stats., interpreting ss.
110.07,
110.075,
194.38 and
194.43, 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 chs.
Trans 325 and
326, relating to motor carrier safety regulations, without public hearing unless, within 30 days after publication of this notice,
July 15, 2003, 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 may be addressed to Charles Teasdale, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912, telephone (608) 266-0305.
Analysis Prepared by the Department of Transportation
General Summary of Proposed Rule. This rule making will amend two existing chapters to bring them into compliance with changes to the federal regulations which go into effect on January 4, 2004. These changes are as follows:
Chapter
Trans 325 adopted motor carrier safety regulations of the United States Department of Transportation in effect on June 1, 2002. This amendment changes the date from June 1, 2002 to January 4, 2004. This change allows Wisconsin to enforce the most recent motor carrier safety regulations. All vehicles operating in interstate commerce are already subject, under federal law, to any changes that have been adopted between June 1, 2002 to January 4, 2004.
Chapter
Trans 326 adopted motor carrier safety requirements for transportation of hazardous materials of the United States Department of Transportation in effect on June 1, 2002. This amendment changes the date from June 1, 2002 to January 4, 2004. This change allows Wisconsin to enforce the most recent version of the motor carrier safety requirements for transportation of hazardous materials. All vehicles operating in interstate and intrastate commerce are already subject under federal law to any changes that have been adopted between June 1, 2002 to January 4, 2004.
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 or 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 Rule
Copies of this proposed rule can be obtained, without cost, by writing to Charles Teasdale, Division of State Patrol, 4802 Sheboygan Avenue, Room 551, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 266-0305. Alternate formats of the proposed rule will be available to individuals upon request.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin, department of transportation, by ss.
110.075 (6),
194.38 (2),
194.43 and
346.45 (4), Stats., the department of transportation hereby proposes to amend rules interpreting ss.
110.07,
110.075,
194.38 and
194.43, Stats., relating to motor carrier safety regulations.
SECTION 1. Trans 325.02 (intro.) and (8) are amended to read:
Trans 325.02 Federal rules adopted. (intro.) The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on June 1, 2002 January 4, 2004, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these rules apply in the same manner as though the regulations were set out in full in this chapter:
(8) Every traffic officer and state patrol inspector employed under the authority of s.
110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the
2000 2003 North American uniform out-of-service criteria.
SECTION 2. Trans 326.01 (intro.) and (8) are amended to read:
Trans 326.01 Federal rules adopted. (intro.) The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on June 1, 2002 January 4, 2004, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these federal rules apply in the same manner as though the regulations were set out in full in this chapter:
(8) Every traffic officer and state patrol inspector employed under the authority of s.
110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the
2000 2003 North American uniform out-of-service criteria.
