Farmer. The driver of any motor vehicle controlled or operated by or for a farmer is waived from CDL licensing requirements when the motor vehicle being used is transporting agricultural products, implements of husbandry, or farm supplies within 150 air miles from the originating farm. However, for those drivers of any truck-tractor semitrailer combination or combinations, the waiver applies only when the driver is a farmer or a member of the farmer's family and the driver is 21 years of age or more and has successfully completed any tests the Secretary of State deems necessary. A farmer or a member of the farmer's family who operates a truck-tractor semitrailer combination or combinations pursuant to the waiver is granted all of the rights and shall be subject to all of the duties and restrictions of the law applicable to the driver who possesses a commercial driver's license issued under Illinois law, with minor exceptions. For purposes of the Illinois farmer waiver, a person must be a natural or in-law spouse, child, parent, or sibling to be considered a member of the farmer's family. [625 ILCS 5/6-507(c)]
Emergency Snow Removal. An employee of a township or road district with a population of less than 3,000 operating a vehicle within the boundaries of the township or road district for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting is exempt from CDL requirements when the employee is needed to operate the vehicle because the employee of the township or road district who ordinarily operates the vehicle and who has a commercial driver's license is unable to operate the vehicle or is in need of additional assistance due to a snow emergency. [625 ILCS 5/6-507(c)(5)]
Farm Service Seasonal Employees. Illinois provides limited licenses to farm-related service industries consistent with federal guidelines. The restricted license shall be available for a seasonal period or periods not to exceed a total of 180 days in any 12-month period. [625 ILCS 5/6-521(b); Title 92, s. 103096, Illinois Admin. Code]
Temporary Pyrotechnics Waiver. Illinois has not implemented any pyrotechnics waiver.
Iowa
Farmers. A farmer or a person working for a farmer while operating a commercial motor vehicle owned by the farmer within 150 air miles of the farmer's farm to transport the farmer's own agricultural products, farm machinery, or farm supplies to or from the farm is exempt from CDL requirements. The exemption applies to farmers who assist each other through an exchange of services and shall include operation of a commercial motor vehicle between the farms of the farmers who are exchanging services. [IA Stats s.
321.176A]
Firefighters. A fire fighter while operating a fire vehicle for a volunteer or paid fire organization or a peace officer, while operating a commercial motor vehicle for a law enforcement agency, under conditions necessary to preserve life or property or to execute related governmental functions is exempt from CDL requirements. [IA Stats s.
321.176A]
Military. The following persons are exempt from CDL requirements when operating commercial motor vehicles for military purposes:
Active duty military personnel.
Members of the military reserves.
Members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians.
Active duty United States coast guard personnel. [IA Stats s.
321.176A]
RV Operators. A person while operating a motor home solely for personal or family use is exempt from CDL requirements. The law also exempts 5
th Wheel Trailer operators if the motor vehicle has a gross vehicle weight rating of less than 26,001 pounds and the travel trailer or fifth-wheel travel trailer is towed solely for personal or family use. [IA Stats s.
321.176A]
Farm Service Industry Drivers. Iowa Statute 321.176B permits the Iowa DOT to exempt Farm Service Industry Drivers by rule. There are a number of restrictions and requirements to qualify for this restricted license. [s. 761—607.49, IA Admin Code]
A home care aide operating a motor vehicle in the course of the home care aide's duties.
Snow Emergency Drivers. Iowa does not appear to have implemented the federal waiver for emergency snow plow operations in small municipalities.
Temporary Pyrotechnics Haulers. Iowa has not implemented any pyrotechnics waiver.
Minnesota
RV Operators. Persons operating a qualifying recreational vehicle may do so with a Class D license and are not required to hold a CDL. To qualify, a recreational vehicle must be a travel trailer (including those that telescope or fold down), chassis-mounted camper, motor home, tent trailer, or converted bus that provides temporary human living quarters. In addition, the vehicle may not be used as the residence of the owner or occupant, must be used while engaged in recreational or vacation activities; and must be either self-propelled or towed on the highways incidental to the recreational or vacation activities. [ss.
169.01 subd. 25,
171.02 subd.
2. (c) (3), MN Stats.]
Military. A person in the employ or service of the United States federal government is exempt from CDL requirements while driving or operating for military purposes a commercial motor vehicle owned by or leased to the United States federal government if the person is: (1) on active duty in the U. S. Coast Guard; (2) on active duty in a branch of the U. S. Armed Forces, which includes the Army, Air Force, Navy, and Marine Corps; (3) a member of a reserve component of the U. S. Armed Forces; or (4) on active duty in the Army National Guard or Air National Guard, which includes (i) a member on full-time National Guard duty, (ii) a member undergoing part-time National Guard training, and (iii) a National Guard military technician, who is a civilian required to wear a military uniform. The exemption does not apply to a U. S. Armed Forces Reserve technician. [171.03(b), MN Stats.]
Fire/Emergency. Persons operating authorized emergency vehicles can do so on a Class D license and are not required to have a CDL. Vehicles included are:
A vehicle of a fire department;
A publicly owned police vehicle or a privately owned vehicle used by a police officer for police work under agreement, express or implied, with the local authority to which the officer is responsible;
A vehicle of a licensed land emergency ambulance service, whether publicly or privately owned;
1 This exemption appears to violate federal law requirements.
An emergency vehicle of a municipal department or a public service corporation, approved by the commissioner of public safety or the chief of police of a municipality;
A qualified volunteer rescue squad;
A vehicle designated as an authorized emergency vehicle upon a finding by the commissioner of public safety that designation of that vehicle is necessary to the preservation of life or property or to the execution of emergency governmental functions. [ss.
169.01 subd. 5,
171.02 subd.
2.(c)(2), MN Stats.]
Farmer. Persons operating farm trucks do not need a CDL if the farm truck is:
Controlled and operated by a farmer, including operation by an immediate family member or an employee of the farmer;
Used to transport agricultural products, farm machinery, or farm supplies, including hazardous materials, to or from a farm;
Not used in the operations of a common or contract motor carrier as governed by Code of Federal Regulations, Title 49, Part 365; and
Used within 150 miles of the farm. [171.02 subd. 2.(c)(1), MN Stats.]
Emergency Snow Removal. A person who operates a commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, salting, or sanding is not required to hold a commercial driver's license if the person: (1) is an employee of a local unit of government with a population of 3,000 or less; (2) is operating within the boundaries of the local unit of government; (3) holds a valid class D driver's license; and (4) except in the event of a lawful strike, is temporarily replacing the employee who normally operates the vehicle but either is unable to operate the vehicle or is in need of additional assistance due to a snow emergency as determined by the local unit of government. [171.02 subd. 5, MN Stats.]
Farm Service Seasonal Employees. Minnesota does not appear to have adopted this exemption. Minnesota does have a restricted farm license for drivers 15 years of age who do not hold regular licenses and who drive farm vehicles in the course of working for their parents.
Temporary Pyrotechnics Haulers. Minnesota has not implemented any pyrotechnics waiver.
Michigan
RV Operators. Persons who drive a motor home or a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes are exempt from CDL requirements. [257.312e(13), MVC] Persons operating 5th wheel trailers or motor homes must obtain a state required non-CDL endorsement. [257.312i(1), MVC]
Military. A person serving in the armed forces of the United States if furnished with a driver's permit and operating an official motor vehicle in that service is exempt from any driver license requirement in Michigan, including CDL requirements. A person who is a civilian and in the employ of the armed forces of the United States is not exempt from obtaining a license.
Fire/Emergency. A police officer or a firefighter who has met the driver training standards of the Michigan fire fighters' training council are exempt from CDL requirements when operating an authorized emergency vehicle. [257.312e(12), MVC]
Farmer. Michigan law exempts farmers from CDL requirements if all of the following are met:
The vehicle is controlled and operated by a farmer or an employee or family member of the farmer;
The vehicle is used to transport agricultural products, farm machinery, farm supplies, or a combination of these items, to or from a farm.
The vehicle is not used in the operation of a common or contract motor carrier.
The vehicle is operated within 150 miles of the farm.
If the vehicle has a gross vehicle weight rating of 26,001 pounds or more on the power unit, the driver has a qualifying license endorsement that is issued upon successful completion of a knowledge test.
If the vehicle has a gross vehicle weight rating of 26,001 pounds or more or is a combination of vehicles having a gross vehicle weight rating of 26,001 pounds or more on the power and is carrying hazardous materials on which a placard is required under federal law, the driver needs an endorsement obtained by successfully completing both a knowledge test and a driving skills test. [257.312e(11), MVC]
Emergency Snow Removal. Michigan does not grant this federal waiver.
Farm Service Seasonal Employees. Michigan does not grant this federal waiver.
Temporary Pyrotechnics Haulers. Michigan has not implemented any pyrotechnics waiver.
Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: No data or analytical methodology was employed in considering this rule making.
Analysis and supporting documentation used to determine effect on small businesses: This rule making has no effect on small business. This affects only drivers operating fire fighting type commercial vehicles necessary for the preservation of life or property. 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 revenues or liabilities, nor will the private sector incur any costs.
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 Terry Ewing, Department of Transportation, Division of Motor Vehicles, Bureau of Field Services, Room 266, P. O. Box 8917, Madison, WI 57708-8917. You may also contact Mr. Ewing by phone at (608) 266-0428.
Notice of Hearing
Workforce Development
Hearing Information
Monday, June 26, 2006 at 1:30 p.m.
G.E.F. 1 Building, B103
201 E. Washington Avenue
Madison
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Explanation of agency authority. The Wisconsin Fair Employment Act is located at Subchapter
II of Chapter 111, Stats. Section
111.375 (1), Stats., provides that the department may make, amend, and rescind such rules as are necessary to carry out the subchapter.
The Wisconsin Open Housing Law is found at s.
106.50, Stats. Section
106.50 (1s), Stats., provides that the department may promulgate such rules as are necessary to carry out the section.
Section
106.52 (2), Stats., provides that the department may promulgate such rules as are necessary to carry out protections under s.
106.52, Stats., relating to public places of accommodation or amusement.
Section
230.89 (1), Stats., requires the division to promulgate rules to carry out its responsibilities for enforcement of provisions commonly referred to as the “whistleblower law." The “whistleblower law" protects state employees from retaliation for disclosure of information under certain circumstances.
Under s.
103.10 (12), Stats., the department has responsibility for administrative enforcement of the family or medical law.
Section
106.54 (5),
(6) and
(7), Stats., provides that the Equal Rights Division shall receive certain types of complaints and process them in the same manner as fair employment complaints under s.
111.39, Stats. These types of complaints are:
Retaliation for reports to the Board on Aging and Long-Term Care under s.
16.009 (5) (d), Stats.
Retaliation for reporting the abuse of an elderly person to a state or county agency under s.
46.90 (4) (b), Stats.
Retaliation for reporting abuse in care and service residential facilities under s.
50.07 (3) (b), Stats.
Retaliation against a health care worker who reports that the quality of health care provided by a health care facility or provider violates any law, rule, or standard established by a professionally recognized accrediting or standard-setting body and poses a potential risk to public health or safety under s.
146.997, Stats.
Failure to comply with re-employment rights after National Guard, state defense force, or public health emergency service under s.
21.80 (7) (b), Stats.
Section
106.56 (4) (a), Stats., relating to discrimination because of a physical condition or developmental disability in post-secondary education, provides that the department shall review and investigate complaints with all the powers provided under s.
111.39, Stats., which relates to the department's powers and duties under the Wisconsin Fair Employment Act.
Section
101.055 (8), Stats., provides protection for public employees exercising their rights under the Public Employee Safety and Health Law, which is otherwise administered by the Department of Commerce. Employees who believe they have been discharged or discriminated against because they have exercised rights under the law may file a complaint with the Equal Rights Division. If the Equal Rights Division determines that there is probable cause, it shall conduct a hearing, issue a decision, and order appropriate relief. Section
106.54 (4), Stats., also directs the Equal Rights Division to review complaints of discrimination against public employees exercising their rights with respect to occupational safety and health matters under s.
101.055 (8), Stats.
Section
103.005 (1), Stats., provides that the department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.
Summary of the proposed rules. The proposed rules will amend the fair employment rules in Chapter
DWD 218 to specify the types of complaints that ss.
106.54 (5),
(6), and
(7) and
106.56, Stats., direct the Equal Rights Division to receive and process in the same manner as fair employment complaints under s.
111.39, Stats.
2005 Wisconsin Act 25 amends the Wisconsin Open Housing Law at s.
106.50 (6) (c) 2., Stats., to provide that the Attorney General shall represent complainants in cases in which the Equal Rights Division has made an initial determination of probable cause. The proposed rules will amend the open housing rules in Chapter
DWD 220 to reflect this new requirement.
The Division proposes to create a new rule chapter at Chapter
DWD 223 to provide procedures for processing discrimination or retaliation complaints by public employees exercising their rights under the Public Employee Safety and Health Law under s.
101.055 (8), Stats. The proposed rule chapter is based on the fair employment rules in Chapter
DWD 218, except time frames for certain actions are shorter because s.
101.055 (8), Stats., provides that the Equal Rights Division shall process cases in shorter time frames. For this reason, the proposed rules provide that appeals of preliminary determinations or findings of no probable cause must be filed within 10 days, rather than 20 days. The proposed rules provide that the notice of hearing shall be sent no less than 20 days before the hearing, rather than 30 days. The requirement that parties submit witness and exhibit lists 10 days before hearing is eliminated. Also, unlike the fair employment statute, s.
101.055 (8) provides that decisions and orders of the Equal Rights Division are subject to judicial review under Chapter
227, Stats., rather than review by the Labor and Industry Review Commission.
All rules administered by the Civil Rights Bureau in the Equal Rights Division will be amended to provide that complaints and other documents may be filed by facsimile transmission. A faxed document will be considered to be filed on the date of transmission as recorded by the division's facsimile machine, except documents filed by fax after regular business hours or a day the offices of the division are closed shall be considered to be filed on the next business day of the division. Documents may not be filed by electronic mail unless expressly authorized by the equal rights officer or the administrative law judge assigned to the case. All rules will also be amended to provide that hearings may be recorded with either digital equipment or tape recording equipment. The rules administered by the Civil Rights Bureau are:
