Explanation of agency authority
Under the law, the Department is responsible for the motorcycle safety program. That requirement includes establishment and approval of motorcycle rider courses.
Related statute or rule
Plain language analysis
This rule making will amend ch.
Trans 129, relating to motorcycle courses, by changing the maximum number of motorcycles allowed on the range as prescribed in the Basic Rider Course and Experienced Rider Course curriculums developed by the Motorcycle Safety Foundation (MSF). It will also require a 10-day reporting time frame for site inspection reports. Finally, it will make changes necessary as a result of removing private motorcycle training schools from ch.
Trans 105 including background checks, and insurance and bond requirements.
Comparison with federal regulations
32 CFR 536.28(h) requires persons operating motorcycles on Fort Stewart Georgia to attend an approved motorcycle defensive driving course.
Comparison with adjacent states
Michigan: R257.1701-7727, Michigan Administrative rules. The Michigan motorcycle safety education rules are similar but the course is based upon the Motorcycle Safety Foundation standards entitled, Motorcycle Rider Course," January 1989. Michigan appears to provide more public funding than Wisconsin for students of the course.
Illinois: 92 Ill. Adm. Code 455. The proposed rule of Illinois incorporates by reference the most current editions of the Motorcycle Safety Foundation's Rider Coach Guide and Rider Course Suite. The current Illinois rule is similar to but more detailed than the proposed Wisconsin rule. The rule provides for more state funding than Wisconsin. The proposed Illinois rule has higher insurance limits than the proposed Wisconsin rule but no bonding requirement.
Iowa: 76 Iowa Adm. Code 635. The Iowa Motorcycle Rider Education rules are similar to the proposed Wisconsin rules but classroom size has not been reduced, insurance requirements are higher, they do not refer specifically to the Motorcycle Safety Foundation courses and there is not a bonding requirement.
Minnesota: Ch. 7411, Minn. Adm. Code. The Minnesota motorcycle rider training rules are similar to the proposed Wisconsin rules. They do incorporate the Motorcycle Safety foundation Basic Rider Course Manual, 2001.
Summary of factual data and analytical methodologies
This proposed rule does not change the regulatory approach chosen. It continues to follow the procedures and curriculum proscribed by the Motorcycle Safety Foundation as they have been updated. It also includes some regulations previously applicable but removed from ch.
Trans 105 as a result as the change in the definition of driver schools.
Analysis and supporting documentation used to determine effect on small businesses
There were approximately 10,000 Motorcycle Safety students in public school courses and 3,000 students in commercial rider education schools each year. The vast majority of the schools comply with current Motorcycle Safety Foundations requirements, and proposed rule change, as to class size and number of motorcycles allowed on the range. Some of the commercial schools may not currently have bonding. Bond costs for entities with good credit are minimal.
Small Business Analysis
These proposed changes will have minimal effect upon small businesses. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
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.
Anticipated Costs Incurred by Private Sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Contact Person and Submission of Written Comments
The public record on this proposed rule making will be held open until close of business
November 6, 2007, 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 Ron Thompson, Department of Transportation, Division of State Patrol, Transportation Safety Programs, Room 551, P. O. Box 7936, Madison, WI 53707-7936. You may also contact Mr. Thompson by phone at (608) 266-7855 or via e-mail:
ron.thompson@dot.state.wi.us.
Copy of Rule
Notice of Hearing
Veterans Affairs
NOTICE IS HEREBY GIVEN that the Department of Veterans Affairs will hold a public hearing on the 19
th day of October, 2007 at 9:30 a.m., in the Wisconsin Army National Guard Armory, 475 Water Street, at Platteville, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
Statutory authority
Statute interpreted
The amending of s.
VA 2.02 (3) (b) will allow the department to address pre-application issues for veterans who are returning from deployment and are unable to submit pre-applications within the current 30-day period allotted by the rule. The rule language will extend the period for submitting a pre-application to 180 days following the commencement of a semester or course.
There is no current or pending federal regulation that addresses this initiative. There are no similar rules in adjacent states. This rule has no regulatory aspect to it, has no effect upon small businesses, nor any significant fiscal impact upon the private sector.
Initial Regulatory Flexibility Analysis
This rule is not expected to have any adverse impact upon small business.
Fiscal Estimate
The implementation of this rule is expected to result in an increase in expenditures in FY08 of $122,600 and $132,400 in FY09.
Copy of Rule
A copy of the proposed rule and the full fiscal estimate may be obtained by contacting:
James A. Stewart
Wisconsin Department of Veterans Affairs
P.O. Box 7843
Madison, WI 53707-7843
Contact Person
James A. Stewart (608) 266-3733
