Related statute or rule
“Motor Vehicle Safety,"
49 USC 30101-30170 (2006); “Importing motor vehicles capable of complying with standards,"
49 USC 30141 (2006); “Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment,"
49 USC 30112 (2006); “Certification of compliance,"
49 USC 30115; “Federal motor vehicle safety standards“
49 CFR 571 (2008); “Certification,"
49 CFR 567 (2008).
Plain language analysis
This rule making creates ch.
Trans 123, relating to grounds for the Department to refuse vehicle registration. Section
341.10(6), Stats., refers to a vehicle “originally designed and manufactured for off-highway operation." This proposed rule clarifies that the Department's registration or refusal of registration conforms to the National Highway Traffic Safety Administration (NHTSA) regulations implementing Federal Motor Vehicle Safety Standards (FMVSS).
In 1967, Congress declared a need to reduce traffic accidents and deaths and injuries resulting from traffic accidents and found it necessary to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce. The FMVSS were established in response.
NHTSA defines a “motor vehicle" as a vehicle that uses the public highways on a necessary and recurring basis and can exceed 20 miles per hour. The proposed rule defines “off-road vehicle" as a motor vehicle under Ch.
340, Stats., that does not meet the definition of “motor vehicle" under federal law.
The proposed rule states that the Department shall register any vehicle that was manufactured before 1968. The vehicle may be subject to equipment requirements under Ch.
347, Stats., and registration requirements under s.
341.268, Stats., regarding homemade and replica vehicles.
The proposed rule clarifies that the proof that a vehicle complies with FMVSS is that the vehicle displays a certification label as required by s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, or bears an FMVSS-conforming vehicle identification number (VIN). A vehicle manufactured for the non-U.S. market may be registered if it meets one of three certification methods to show that it complies with FMVSS.
The proposed rule establishes that an off-road vehicle with a model year 1968 or newer will be registered only if the vehicle displays a certification label that indicates the vehicle is certified by the manufacturer as meeting Federal Motor Vehicle Safety Standards, or if the manufacturer or importer certifies in one of three other methods that the vehicle complies with FMVSS.
The proposed rule requires the Department to cancel registrations initially made after the rule takes effect if the registration application contained incorrect or false information. The rule “grandfathers" in vehicles currently registered and allows them to continue to be registered until the vehicle is transferred to a new owner.
Comparison with federal regulations
This proposed rule establishes Wisconsin refusal of registration for motor vehicles in conformity with federal NHTSA regulations implementing FMVSS.
Comparison with rules in adjacent states
Michigan
Michigan law requires vehicles to comply with Michigan law equipment requirements for on-road operation, for titling and registration. If an imported vehicle is subject to federal standards, it must be upgraded by a registered importer before it may be titled and registered in Michigan. If a vehicle was manufactured before 1968, it is considered an antique vehicle and must have all on-road equipment required by Michigan law in effect at the time of manufacture.
Minnesota
Minnesota law requires that a vehicle comply with federal motor vehicle safety standards, for titling and registration. An imported vehicle must be certified by the importer as meeting federal safety standards. A collector military vehicle, 20 years old or older, may be registered only by a non-profit organization and only for operation as a collector's item and not for general transportation purposes.
Illinois
Illinois law requires that a vehicle comply with federal motor vehicle safety standards, for titling and registration. An imported vehicle must be certified by the importer as meeting federal safety standards.
Iowa
Iowa law requires that if federal law requires a vehicle to bear a manufacturer's label, that the vehicle complies with federal motor vehicle safety standards, the label must be present for titling and registration.
Summary of factual data and analytical methodologies
The Department had for several years followed a policy interpreting s.
341.10 (6), Stats., which prohibits the Department from registering off-road vehicles that do not meet the requirements of s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966. This Department policy does not define “off-road" vehicles but essentially refuses to register for on-road use any vehicle that does not meet federal on-road safety and equipment standards.
The Department concluded that the statutory provision requires Wisconsin to conform to federal regulations. The Department has revised its policy to conform to federal interpretations, and this rule codifies the current Department policy. The Department also addresses issues that were raised in a recent WDOA Division of Hearings and Appeals administrative hearing regarding the Department's cancellation of registration of imported military vehicles made after 1967. Vehicle Owned by Paul Underwood, Case TR-08-0027 (Sept. 18, 2008).
Analysis and supporting documentation used to determine effect on small businesses
This proposed rule clarifies statutory provision that the Department will refuse registration to certain motor vehicles that do not meet FMVSS. Motor vehicle dealers and importers will need to understand eligibility criteria for vehicle registration, before they import or attempt to sell motor vehicles intended for on-road use in this state.
Small Business Impact
The rule will enable small businesses that are dealers and importers to know the criteria for registration before they import or attempt to sell motor vehicles.
Small business regulatory coordinator
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.
Text of Proposed Rule
SECTION 1. Chapter
Trans 123 is created to read:
Registration of Non-Standard Vehicles
Trans 123.01 Purpose. The purpose of this chapter is to interpret s.
341.10(6), Stats., and to establish eligibility criteria for off-road vehicles for the purpose of vehicle registration under ch.
341, Stats.
Trans 123.02 Applicability. This chapter applies to any vehicle presented to the department for registration under ch.
341, Stats.
Trans 123.03 Definitions. Unless otherwise stated, the definitions of words and phrases in ss.
340.01 and
341.01, Stats., apply to this chapter. In this chapter:
(1) “Manufacturer's certification label" means the label or tag permanently affixed to the vehicle in conformity with s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended,
49 USC 30115 (2006) and
49 CFR 567 (2008), that indicates the vehicle complies with applicable federal motor vehicle safety standards.
(2) “NHTSA" means the National Highway Traffic Safety Administration of the U. S. Department of Transportation.
(3) (a) “Off-road vehicle" means a motor vehicle that is any of the following, and includes any motor vehicle that is made after 1967 and that does not conform to federal motor vehicle safety standards or is not required to conform to those standards:
1. Not considered to be a motor vehicle for purposes of the National Traffic and Motor Vehicle Safety Act of 1966 as amended,
49 USC 30101-30170 (2006), that is subject to Federal Motor Vehicle Safety Standards established by NHTSA at
49 CFR 571 (2008).
2. Deemed by NHTSA to be a motor vehicle under its regulations and interpretations prior to the effective date of this chapter …. [legislative reference bureau inserts date], but is not subject to federal motor vehicle safety standards established by NHTSA.
3. Not deemed to be a motor vehicle by NHTSA.
4. Not a motor vehicle that uses public highways on a necessary and recurring basis or is not capable of exceeding 20 miles per hour on paved, level ground.
(b) Notwithstanding par. (a), “off-road vehicle" does not include any vehicle that:
1. Has been certified to NHTSA as meeting federal motor vehicle safety standards by an importer that is registered with NHTSA.
2. Is listed by NHTSA as a model made for use in another country that is substantially similar to a motor vehicle originally made for import into and sale in this country and that meets federal motor vehicle safety standards or meets the requirements in
49 USC 30112(2) (2006).
(4) “Register" means to register a vehicle under ch.
341, Stats.
Trans 123.04 Vehicles manufactured before 1968. Upon application to register a vehicle, the department shall register any vehicle manufactured before 1968 for which a vehicle classification exists under ch.
341, Stats. The vehicle may be subject to equipment requirements under s.
347.02(7), Stats., and registration requirements under s.
341.268, Stats.
Trans 123.05 Registration of off-road vehicles manufactured 1968 or after. (1) Upon application to register a vehicle, the department may register an off-road vehicle manufactured 1968 or after only if the vehicle displays a manufacturer's certification label. The department shall consider the manufacturer's certification label as the only proof that the vehicle meets the provisions of s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended.
(2) Title or registration obtained in another state does not conclusively establish the vehicle's eligibility for title and registration issued by Wisconsin. The Department shall independently assess whether a vehicle is eligible for registration under the laws of this state.
Trans 123.06 Grandfathered nonconforming vehicles. Notwithstanding any provision of this chapter that might otherwise prohibit registration, the owner of any vehicle that is registered in this state on the effective date of this section …. [legislative reference bureau inserts date] may renew that registration and may change the type of registration. This section applies only until the owner shown on department records on the effective date of this section .... [legislative reference bureau inserts date] is removed from department records as an owner of the vehicle. For vehicles owned by more than one owner on the effective date of this section …. [legislative reference bureau inserts date], this section applies only until the last owner shown on department records on the effective date of this section …. [legislative reference bureau inserts date] is removed from department records as an owner of the vehicle. Lien holders are not considered owners for purposes of this section.
Trans 123.07 Cancellation of registration. If, subsequent to registering a vehicle, the department learns that the information the applicant had presented was incorrect or false and the vehicle should not have been registered, the department shall cancel the registration of the vehicle. If the department cancels the registration of the vehicle under this section, the applicant may reapply for registration at any time but shall present to the department information that proves to the department that the vehicle is eligible for registration. This section does not apply to vehicles eligible for registration under s.
Trans 123.065.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
84.01 (6m) (b) 6. and
7., Stats., as created by
2007 Wis. Act 125, and s.
227.11 (2) (a), Stats., the Department of Transportation will hold a public hearing to consider the revision of Chapters
Trans 510 and
512, Wisconsin Administrative Code, relating to the transportation facilities economic assistance and development program, and the transportation infrastructure loan program.
Hearing Information
The public hearing will be held as follows:
Date and Time
|
Location
|
August 5, 2009
10:00 a.m.
|
Hill Farms State Transportation
Building
|
|
Room 901
|
|
4802 Sheboygan Avenue
Madison
|
An interpreter for the hearing impaired will be available on request for this hearing. Parking for persons with disabilities and an accessible entrance are available.
Copies of Proposed Rule
A copy of the rule may be obtained upon request from Dennis Leong, Department of Transportation, Division of Investment Management, Economic Development Section, Room 901, P. O. Box 7913, Madison, WI 53707-7913. You may also contact Mr. Leong by phone at (608) 266-9910 or via e-mail at
dennis.leong@dot.state.wi.us.
Submission of Written Comments and Agency Contact Person
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 Dennis Leong, Department of Transportation, Division of Investment Management, Economic Development Section, Room 901, P. O. Box 7913, Madison, WI 53707-7913. You may also contact Mr. Leong by phone at (608) 266-9910 or via e-mail at
dennis.leong@dot.state.wi.us to obtain copies of the proposed rule.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Presently, chs.
Trans 510 and
512 do not include a requirement for the submittal of a verified statement signed by both an independent certified accountant and the director or principal officer of the recipient of an economic development grant or loan as required under
2007 Wis. Act 125. Also, these rules do not specify what actions the department is permitted to take in the event of the submittal of false or misleading information or noncompliance with the contract. Ch.
Trans 510 includes no specific guidelines requiring that grant or loan recipients submit a report to the Department, as required under
2007 Wis. Act 125.
Related statute or rule
Plain language analysis
This rule making will implement the provisions of
2007 Wis. Act 125 that relate to: (1) providing verified statements from an independent certified accountant and the director or principal officer of the recipient of a grant or loan, (2) permitting the Department to recoup payments made, withhold payments due, or impose a forfeiture on a noncompliant recipient of a grant or loan, and (3) including contract provisions into project agreements specifying the format and frequency of the report to be submitted by the recipient to the Department. These rule changes will affect the reporting and evaluation of performance measures for each economic development program administered by the Department.
Comparison with federal regulations
No federal regulation applies to other DOT programs defined as an “economic development program" under
2007 Wis. Act 125. The Act defines economic development program as a program or activity having the primary purpose of encouraging the establishment of growth of business in the state, including the creation and retention of jobs. Department programs are transportation infrastructure projects that contribute to the mobility, safety and transportation efficiency for transporting freight and the traveling public.
Comparison with rules in adjacent states
Michigan
Economic grants and loans to businesses are administered through the Michigan Economic Development Corporation, formed in 1999 through an alliance between the State of Michigan and several local communities. The Corporation is the successor to the Michigan Jobs Commission, the state's economic development department. The corporation maintains the database regarding the grant and loan awards and conducts audits regarding the performance of the financial programs. Travel Michigan, a division of the Corporation, provides the tourism promotional functions for the state. There is no online website or annual reports available via the website with a listing for the grant and loan recipients.
Minnesota
Section 116J.994, creation of a Business Assistance Report with a list of businesses receiving state assistance, amount of subsidy, number of jobs, hourly wages, and cost of health insurance broken down by wage level. Information on companies receiving assistance is posted online.
Illinois
Public Act 552-93 of 2003, annual progress reports required as to the amount and type of assistance, job creation/retention, job classifications and average wages. Progress reports are available online in searchable database by year and program type.
Iowa
