Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
343.02 (1) Stats., and interpreting s.
343.05 (4) (b) 1., Stats., the Department of Transportation will hold a public hearing in
Room 254 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
11th day of
January, 2006, at
2:00 PM, to consider the amendment of ch.
Trans 102, Wisconsin Administrative Code, relating to the time period within which a person moving to Wisconsin may operate a motor vehicle under a driver license from his or her previous state of residence.
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.
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
Explanation of agency authority: Section
343.02(1), Stats., grants the Department responsibility for administering and enforcing Chapter
343, Stats., and authority to promulgate such rules as the secretary considers necessary for that purpose.
Related statute or rule:
• Section
340.01 (37), the definition of "Nonresident" for the motor vehicle code.
• Section
343.01 (2) (g), the definition of "Resident" for driver licensing purposes.
• Section
343.06 (1) (k), which prohibits issuance of licenses to nonresidents.
Plain language analysis: Current law requires all persons to have driver licenses as a condition of operating a motor vehicle on a highway. Residents must hold a Wisconsin driver license. s.
343.05, Stats. Nonresidents must be at least 16 years old have a license from their home jurisdiction. Nothing in the statutes deals with the situation of a person moving to Wisconsin and establishing residence here. Statutorily, once a person establishes their one permanent home in this state, they cannot operate on the license from their old state of residence. The statutes do not provide any leeway or time period within which a person may operate on their out-of-state license upon moving to this state.
Because this circumstance arises frequently, WisDOT promulgated an administrative rule that provides a 30-day deadline for new residents to obtain a driver license. In practice, police agencies statewide do not arrest persons for driving without a driver license within the first 30 days after they move to this state following the spirit of the regulation.
In the past year, WisDOT has implemented new, more stringent proof of identity requirements as a condition of obtaining a Wisconsin driver license. Rather than simply accepting the out-of-state license as evidence of identity, the Department also requires documentation such as a certified birth certificate or passport.
DMV has found that person moving to this state often cannot obtain these required documents within 30 days of moving to this state. Accordingly, this rule making proposes to extend the time period within which people should obtain a Wisconsin driver license after moving to this state to 60 days.
Summary of, and preliminary comparison with, existing or proposed federal regulation: There is no federal legislation on this point. Federal CDL law, in fact, permits states to issue CDLs to drivers who are not residents of their states.
Comparison with Rules in Adjacent States:
Michigan: Michigan law does not appear to allow a driver any grace period. Mich. Comp. Laws, ss.
257.301 and
257.302.
Minnesota: Allows new resident 60 days to obtain Class D or M Minnesota license, 30 days to obtain a Minnesota CDL. s.
171.03, Minn. Stats.
Illinois: Allows new resident 90 days to obtain an Illinois driver license. 625 ILCS 5/6.102(7).
Iowa: License must be obtained immediately upon establishing residency in Iowa. s.
321.174, Iowa Code.
Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: Not applicable.
Analysis and supporting documentation used to determine effect on small businesses: None.
Effect on small business: This proposed rule would have no effect on small business. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal effect and anticipated costs incurred by private sector: 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 or private sector revenues or liabilities.
Agency contact person and place where comments are to be submitted and deadline for submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Erin Egan, Department of Transportation, Division of Motor Vehicles, Office of Program Operations, Room 351, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Egan by phone at (608) 266-1449.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
110.075 and ch.
194, Stats., interpreting ch.
194, Stats., the Department of Transportation will hold a public hearing on the
13th day of
February, 2006, at the Hill Farms State Transportation Building,
Room 551, 4802 Sheboygan Avenue, Madison, WI, at
3:00 PM, to consider the amendment of ch.
Trans 325, Wisconsin Administrative Code, relating to motor carrier safety regulations.
Parking for persons with disabilities and an accessible entrance are available.
A copy of the emergency rule may be obtained upon request from Capt. Charles R. Teasdale, Wisconsin Department of Transportation, Division of State Patrol, Bureau of Field Operations, Room 551, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 266-0305.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted: Ch.
194, Stats.
Statutory authority: s.
110.075 and Ch.
194, Stats.
Explanation of agency authority: The secretary shall set standards and adopt rules to establish a plan of inspection to implement the inspection program. It shall be the duty of the department to prescribe rules and regulations as to safety and operations and the hours of labor of drivers of motor vehicles operated under the authority of this chapter.
Related statute or rule: ss.
110.07, Stats.
Plain language analysis: As prescribed by state statute, the Department is mandated to regulate both intra and interstate transportation of property and passengers by commercial motor vehicles. It is in the best interest of the public when current regulations are used for enforcement of these regulations.
Summary of, and preliminary comparison with, existing or proposed federal regulation: Trans 325 (Interstate Motor Carrier Safety regulations) adopts Federal regulations 49CFR parts 390 to 397.
Comparison with Rules in Adjacent States: All adjacent states (Michigan, Minnesota, Illinois and Iowa) adopt the same Federal regulations.
Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: The Federal Motor Carrier Safety Administration did extensive research into the hours-of-service for commercial vehicle drivers. Its research, coupled with input from the motor carrier industry, resulted in the new hours-of-service regulations for interstate commerce effective October 1, 2005. It is imperative the same regulations are enforced from state-to-state.
Analysis and supporting documentation used to determine effect on small businesses: The research provided by the Federal Motor Carrier Safety Administration was used in analyzing the effects on small business.
Effect on small business: All businesses will have the same effect. There is no differentiation between small business and large business. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal effect and anticipated costs incurred by private sector: 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 or private sector revenues or liabilities.
Copies of Emergency Rule: Requests for copies of the emergency rule should be submitted to Capt. Charles Teasdale, Department of Transportation, Division of State Patrol, Bureau of Field Services, Room 551, P. O. Box 7912, Madison, WI 53707-7912. You may also contact Capt. Teasdale by phone at (608) 266-0305.
