Transportation of school children.
Rule Type
Permanent.
Description of the Objective of the Rule
The stated purpose of this rule is to promote the safe transportation of pupils and other authorized persons in school buses, as defined in s. 340.01 (56) Stats. In addition, ch. Trans 300 provides specific safety-related standards regarding the design, construction, inspection, and operation of school buses and provides for differing standards for vehicles of varying size and configuration
2013 Wisconsin Act 96 authorized the use of flashing amber lights on school buses before stopping to load or unload students, in addition to flashing red lights. Existing administrative rules do not recognize the use of flashing amber lights, and require the use of only flashing red lights.
Current rules set standards for flashing light assemblies that conflict with national industry standards for new flashing light systems. This rulemaking will update administrative rules to reflect the best practices and manufacturing standards established by industry regarding this lighting system. It appears that several updates to existing rules are necessary to allow the use of technological improvements and equipment requirements that have become accepted practices in the school bus industry. Enhancements to the employer and driver pre-trip reporting requirements will require documentation to include electronic reporting, a system which will improve efficiency.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Some of the proposed revisions relate to:
  Trans 300.81 Authorized Optional Equipment — Mounting of video and audio recorders
  Trans 300.81 Authorized Optional Equipment — Authorized optional equipment (e.g. navigation and passenger detection devices; laptop computers; theft detection devices; storage containers, AED's, blood born pathogen kits, hand sanitizer)
  Trans 300.39 Emergency Exits and Trans 300.61 Signs and Lettering — Interior and exterior lettering, adding optional and required lettering
  Trans 300.40 Exhaust System and 49 CFR 393.83 Exhaust System — Additions to the exhaust system requirements to better define acceptable locations of exhaust discharge and maintenance.
  Trans 300.54 Lights, Lamps and Reflectors and SAE Standard J 887 — Changes to lighting, lamps and reflector requirements. We intend to develop regulations regarding the eight-light warning system, establish a time frame for implementation, clarify flash rate of a strobe warning light and develop language for background color of an eight-light warning system.
  Trans 300.34 Color — Changes in color and trim color requirements. We intend to remove paint requirements for rub rails and stop arm brackets, and intend to include a black background for back-up lamps. Intend to allow white roof tops as an optional feature.
  Trans 300.16 (8) and (9) referencing loading stations, Wis. Stat. ss. 348 referencing vehicle requirement to stop for school bus flashing lights, Wis. Stat. ss 349.21 authority to regulate school bus warning lights — changes in warning light activation to an eight-light system.
  Trans 300.15 Employer Requirements and Trans 300.16 Employee Requirements — Clarify pre-trip inspection and add responsibility requirements for employer and driver, also clarify reporting requirements.
  Trans 300.59 Seating and Federal Motor Vehicle Safety Standards 222 — Safety belt installation, require compliance with FMVS222 for voluntary safety belt installation.
  Trans 300.30 Book Racks — Specify location of book racks.
Each of these items has been improved by the school bus equipment industry since the promulgation of Trans 300. Many of these improvements do not conform to the code requirements. Policy alternatives are to disregard these equipment and practice changes, or to modernize the code to allow the use of improved equipment or practices.
Detailed Explanation of Statutory Authority for the Rule, Including the Statutory Citation and Language
Wis Stats., ss. 85.16 (1), 227.11 (2), 110.06( 2), 110.064 (1) (b), 346.48, 346.51 (1) (a), 347.25 (2), 347.40 (2), 347.44, 347.445, 347.447.
Summary And Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The changes being proposed will conform to any federal regulations that exist in Title 49, Code of Federal Regulations, and to satisfy the Department's safety compliance review completed by FMCSA, as well as applicable industry standards in the Society of Automotive Engineers reference manual.
Description of all of the Entities that may be Affected by the Rule
Wisconsin-based school buses, school districts, school bus operators, school bus manufacturers, general motoring public, pupils and law enforcement will be affected by these changes.
Estimates of the Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours.
Contact Person
Captain Brian Ausloos, 608-267-3622.
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