Rule-Making Notices (Hearing Notices)

The rule also proposes to amend the existing rule to clarify that the automated citation must be produced in the format already prescribed by the Department in Figure 6 of the rule. The document may not be reproduced on small paper leaving the information too small to read.

The title to s. Trans 114.03 would be amended by this proposed rule to clarify that the provisions of that section apply to prototype forms used for the testing purposes described in that rule. The rule text is unchanged; the title is simply corrected to better describe the rule's content. The new name will distinguish s. Trans 114.03 from s. Trans 114.07, which applies to the use of the standard uniform traffic citation form.

Finally, the proposal to amend the regulation to explicitly require the date and time of appearance to be shown on the citation is simply codifying procedures that should already be mandated by courts processing citations. A person who is issued a citation should be notified of the time and place he or she is required to appear in court or pay the ticket as part of that process. All persons have a fundamental due process right to notice of the time and place their case will be heard. Unfortunately, the Uniform Traffic Citation Council and Department have become aware that some police agencies do not specify the return date on citations. This proposed amendment is intended to end that practice.

Summary of, and preliminary comparison with, existing or proposed federal regulation

The purpose of making changes to the citation form related to CMV use or the transportation of hazardous materials is to improve compliance with federal CDL laws and regulations. Federal law requires Wisconsin to:

•   Notify the licensing jurisdiction within 10 days if one of its drivers is convicted of a CDL offense in Wisconsin.

•   Post convictions on Wisconsin driving records within 10 days of the conviction.

Section 345.48(1m), Stats., requires courts to report convictions to DMV within 5 working days. By having consistent information regarding CMV use or hazardous materials transportation, as well as a consistent automated citation format, DMV should be more consistent in processing reported convictions within the 10-day federal time limit.

Comparison with rules in the following states

Neighboring states have a requirement similar to Wisconsin's that a uniform citation be used for traffic offenses.

  Michigan: Michigan: Section 257.727c, Michigan Vehicle Code Act 300

  (1) As used in this act, “citation" means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. Each citation shall be numbered consecutively, be in a form as determined by the secretary of state, the attorney general, the state court administrator, and the director of the department of state police.

  Minnesota: 2008 Minnesota Statutes 169.99 Uniform Traffic Ticket

  Subdivision 1. Form. (a) Except as provided in subdivision 3, there shall be a uniform ticket issued throughout the state by the police and peace officers or by any other person for violations of this chapter and ordinances in conformity thereto. Such uniform traffic ticket shall be in the form and have the effect of a summons and complaint. Except as provided in paragraph (b), the uniform ticket shall state that if the defendant fails to appear in court in response to the ticket, an arrest warrant may be issued. The uniform traffic ticket shall consist of four parts, on paper sensitized so that copies may be made without the use of carbon paper, as follows:

  Illinois: Joint Committee on Administrative Title 92, Chapter 1, Part 450

  The complaint shall be in the form provided by the Illinois Uniform Citation and Complaint form, and shall contain…

  Iowa: Chapter 805.6 Uniform Citation and Complaint

  1.a.(1) The commissioner of public safety, the director of transportation, and the director of natural resources, acting jointly, shall adopt a uniform, combined citation and complaint which shall be used for charging all traffic violations in Iowa under state law or local regulation.

Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen

The uniform traffic citation is created with the advice of the Council on Uniformity of Traffic Citations and Complaints. That group consists of representatives of various groups involved in the enforcement and adjudication of traffic regulations.

Analysis and supporting documentation used to determine effect on small businesses

Traffic citations are generally written to individuals. The form used by law enforcement officers to write citations does not affect business in the state of Wisconsin. There is no documentation on this point and the analysis is limited to observing that there is no possible relationship between the form used for citations in traffic cases and small business development in Wisconsin.

Effect on Small Business

This rule has no effect on small business. The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail], or by calling [phone].

Fiscal Effect

The Department estimates that there will be no fiscal impact on the state or 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. Existing s. Trans 114.07 permits law enforcement agencies to exhaust the existing stock of forms before buying new forms. This mitigates any fiscal impact on local governments.

Anticipated costs incurred by private sector

The department anticipates there will be no fiscal impact on private sector revenues or liabilities.

Agency Contact Person and Place Where Comments are to be Submitted and Deadline for Submission

Darlene Schwartz, Department of Transportation, Citations and Withdrawals Section, Room 301, P. O. Box 7919, Madison, WI 53707-7919. You may also contact Ms. Schwartz by phone at [phone] or via e-mail: [e-mail] for copies of the proposed rule.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original Updated Corrected
Administrative Rule Chapter, Title and Number
Chapter Trans 114
Subject
Uniform Traffic Citations
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
GPR FED PRO PRS SEG SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect Indeterminate	Increase Existing Revenues Decrease Existing Revenues		Increase Costs Could Absorb Within Agency's Budget Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
State's Economy Local Government Units		Specific Businesses/Sectors Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? Yes X No
Policy Problem Addressed by the Rule
This rule-making implements changes to the format of the Uniform Traffic Citation to comply with federal requirements related to CDLs and to improve efficiency.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
None.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The Uniform Traffic Citation form changes will improve Wisconsin compliance with federal CDL reporting requirements.
Long Range Implications of Implementing the Rule
The Uniform Traffic Citation form will be promulgated in the manner required by law.
Compare With Approaches Being Used by Federal Government
N/A
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Neighboring states also require uniformity in their traffic citation formats.
Name and Phone Number of Contact Person
Attorney John Sobotik 608-266-8810