STATE OF WISCONSIN
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
NOTICE OF PUBLIC HEARING
The State of Wisconsin Department of Transportation proposes an order to amend Wis. Admin. Code ch. Trans 300 relating to Transportation of School Children and affecting small businesses. The Statement of Scope for this Permanent Rule, SS 092-14, was approved by the Governor on September 4, 2014, and published in Register No. 705B on September 30, 2014. The State of Wisconsin Department of Transportation (Department) Proposes an Order to Amend Permanent Rule Wisconsin Administrative Code ch. Trans 300 Relating to Transportation of School Children, and affecting small businesses. The analysis below was prepared by the Department. ANALYSIS
Statutory Authority: Wis. Stat. ss. 110.064 (1) (b), 343.12 (1) (b), 346.48 (2) (a), (b), (bm) and (c), 346.48 (3), 346.51 (1) (a), 347.25 (2), 349.21, Stats., and 227.11(2). Explanation of Agency Authority: 2013 Wisconsin Act 96 amended Wis. Stat. chs. 110, 343, 346, 347, and 349, in relevant part, to allow a school bus to be equipped with an eight light warning system. Wis. Stats. s. 110.064 (1) (b) provides the Department with the ability to promulgate rules regulating safety and equipment on a school buses. Related Statute or Rule: Wis. Stat. ss. 110.064 (1) (b), 340.01 (56), 343.12 (1) (b), 346.48 (2) (a), 346.48 (2) (b), 346.48 (2) (bm), 346.48 (2) (c), 346.48 (3), 346.51 (1) (a), 347.25 (2), and 349.21, and ch. Trans 300. Plain Language Analysis: 2013 Wisconsin Act 96 amended Wis. Stat. chs. 110, 343, 346, 347, and 349 to create the allowance of school bus to be equipped with 8-lamp warning system. Prior to 2013 Wisconsin Act 96 school buses were not authorized to be equipped with 8-lamp warning systems. Through this rulemaking process, the Department proposes to execute its obligation in the following manner. First, this rulemaking process announces that its purpose is to establish guidelines on installation of an 8-lamp warning system on school buses. Second, this rulemaking establishes the guidelines for allowance and proper use for an 8-lamp warning system. Last, the rulemaking updates requirements for other aspects of equipment of school busses to reflect recent developments in safety and technology. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: There is no existing or proposed federal statutes, administrative rules or regulations addressing an eight lamp warning system on school buses or other equipment standards which they must meet.
Comparison with Rules in Adjacent States:
Illinois Per Illinois code 625 ILCS Sec. 12-805 each school bus purchased as a new vehicle after December 31, 1975, shall be equipped with an 8-lamp flashing warning signal system. Until December 31, 1978, all other school buses shall be equipped with either a 4-lamp or an 8-lamp flashing signal system. After December 31, 1978, all school buses shall be equipped with an 8-lamp flashing signal system.
Iowa Per Iowa code 321.373 IA conforms with the National Congress on School Transportation’s most recent guidelines, which recommend an 8-lamp warning system.
Michigan Per Michigan code 257.1819 all new and retrofitted school buses manufactured or retrofitted must be equipped with the 8-lamp warning system.
Minnesota Per Minnesota code 169.442 Subdivision 1., a Type A, B, C, D school bus must be equipped with pre-warning flashing amber signals and flashing red signals.
Summary of the Factual Data and Analytical Methodologies: The proposed rule was written to conform with current Wisconsin state statutes which require the use of the 8-lamp warning system from 2013 Wisconsin Act 96. The 8-lamp warning system is a recommended for all school busses in guidance dated May 2010, and titled “National School Transportation Specifications and Procedures” adopted by the 15th National Congress on School Transportation. The state of Wisconsin is the last state in the nation that does not require the 8-lamp warning system. By creating these rules Wisconsin is now conforming with these standards, as well as legal requirements for school bus warning lamps in the surrounding states. Adopting these standards will improve traffic safety by increasing school bus visibility as well as reducing confusion as to legal requirements upon encountering school busses by drivers from outside Wisconsin. Analysis and supporting documentation used to determine effect on small businesses: There are many school bus companies throughout the state and it seems likely that some would qualify as a small business under Wis. Stat. s. 227.114. While, this rulemaking seeks to establish a school bus lighting standard small businesses will incur costs to bring each bus into compliance with this rule and current state statute already in place from 2013 Wisconsin Act 96. The Division of State Patrol worked with the Wisconsin School Bus Association to reach a mutual agreement on an effective date for the 8-lamp warning system implementation in WI. This mutual agreement was specifically designed to reduce costs incurred by business, small and large. Effect on Small Businesses: On or after August 1, 2016, a school bus body manufactured after December 31, 2004, shall be equipped with, in addition to the 4 red warning lights, 1 amber warning light shall be installed near each red warning light, at the same level, but closer to the vertical center line of the bus. The system of red and amber warning signal lights shall be wired so that the amber warning lights are activated manually, and the red warning lights are automatically activated, with the amber warning lights being automatically de-activated, when the stop signal arm is extended. A school bus body manufactured before January 1, 2005, will be grandfathered and will not be required to be equipped with any amber warning lamps. This grandfather provision will benefit small business by not requiring this amber lamp to be installed saving costs associated with installation on older school buses.
Anticipated costs incurred by private sector: The Division of State Patrol asked two school bus dealers in Wisconsin to provide estimates on converting a school bus to an 8-lamp warning system.
1. To retrofit a school bus with the 8-lamp warning system on a bus that did not have an 8-lamp warning system.
• Mid-State Truck Service:
$2,420 per bus
• Nelson’s Bus Service, Inc.
$1,458.33 per bus
Average = $1,939.17 per bus
2. To retrofit a school bus with amber interior lights and or lenses that currently had the 8-lamp warning system but all lights were red. (This specific provision has been allowed in Wisconsin since 2003 with the anticipation Wisconsin would someday require the 8-lamp “amber” warning system.).
• Mid-State Truck Service
$333 per bus
• Nelson’s Bus Service, Inc.
$89.90 per bus
Average = $211.45 per bus
Depending on the total fleet of each individual company will determine the actual cost to retrofit all buses in their fleet.
The agency contact person listed below is also the small business regulatory coordinator for this proposed rule. This proposed rule, fiscal estimate, and other related documents may be viewed at https://health.wisconsin.gov/admrules/public/Home. Agency Contact Person:
Captain Brian Ausloos
State of Wisconsin Department of Transportation
Division of State Patrol
4802 Sheboygan Avenue Room 551
Madison, Wisconsin 53705
Phone: 608-709-0070
