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), 349.21, and Trans 300.
Plain Language Analysis: 2013 Wisconsin Act 96 amended Wis. Stat. chs. 110, 343, 346, 347, and 349 to create the allowance for a school bus to be equipped with an 8-light warning system. Prior to 2013 Wisconsin Act 96 school buses were not authorized to be equipped with 8-light 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-light warning system on school buses. Second, this rulemaking establishes the guidelines for allowance and proper use for an 8-light warning system. Last, the rulemaking updates requirements for other aspects of equipment of school buses 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 8-light warning system on school buses or other equipment standards that 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-light warning system from 2013 Wisconsin Act 96. The 8-light warning system is recommended for all school buses 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-light 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 buses 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-light warning system implementation in Wisconsin. 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 installed near each red warning light, at the same level, but closer to the vertical centerline 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, therefore 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-light warning system.
1. To retrofit a school bus with the 8-light warning system on a bus that did not have an 8-light warning system.
• Mid-State Truck Service:
$2,420 per bus
• Nelson 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-light warning system but all the lens are 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
TEXT OF PERMANENT RULE
SECTION 1. Trans 300.02 (7r) is created to read:
Trans 300.02 (7r) “Lights” or “lamps” mean devices that emit light, either to illuminate roads, license plates and similar items, or to warn motorists and the public of the presence of a school bus and the need for due care. In this chapter, both terms have the same meaning and may be used interchangeably.
SECTION 2. Trans 300.15 (2) (d) is amended to read:
Trans 300.15 (2) (d) The initial pre-sale inspection and a copy of the latest inspection performed by state employees.
SECTION 3. Trans 300.15 (4) is repealed and recreated to read:
Trans 300.15 (4) A driver’s report indicating a school bus defect or unsafe condition, in either written or electronic form, shall be maintained for a period of 7 calendar days after repair.
SECTION 4. Trans 300.16 (1) is amended to read:
Trans 300.16 (1) Prior to the start of any trip, the driver, or employer designee, shall check the condition of the bus, giving particular attention to brakes, tires, lights, emergency equipment, mirrors, windows, and interior cleanliness of the bus. Defects shall be reported in writing, or electronic file, to the person in charge of bus maintenance by completing a pre-trip report. In addition to completing a pre-trip report when a defect or unsafe condition is found, an inspection log indicating the date, time, and identification of who completed the inspection must be completed prior to the start of any trip. It is the driver’s responsibility to ensure that the pre-trip inspection has been completed prior to the start of any trip. The driver shall be responsible for the cleanliness of the interior of the bus and shall ensure that the windshield and mirrors are clean before each school bus operation and that the strobe light is actuated whenever the bus is in operation on a highway for purposes specified in s. 340.01(56) (a) and (am), Stats. SECTION 5. Trans 300.16 (8) is amended to read:
Trans 300.16 (8) Loading stations or points shall be selected with due regard for traffic and pedestrian safety and shall be approved by school authorities. When flashing red Flashing warning lights are shall be used as required by s. 346.48(2), Stats they shall be actuated continuously at least 100 feet before stopping. The stop arm shall be used in conjunction with the flashing red warning lights and shall be extended only after the bus comes to a stop. Except where there are special loading zones where the bus is entirely off the traveled portion of the highway, the bus shall be stopped on the traveled portion of the highway in the lane farthest to the right which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. The flashing red warning lights may not be extinguished until loading or unloading is completed and persons who must cross the highway are safely across. The stop arm shall be retracted before putting the bus in motion. SECTION 6. Trans 300.16 (9) is amended to read:
Trans 300.16 (9) A school bus may not be stopped on any portion of a highway for the loading or discharge of pupils or other persons unless the bus is painted the yellow and black school bus color combination, is equipped with a stop signal arm and alternating flashing red or flashing red and amber lights and is identified by a school bus sign. This subsection does not apply to a vehicle which is operating within a municipality and which is not readily identifiable as a school bus. When loading or discharging pupils in a rural area, a vehicle not identifiable as a school bus shall do so off the highway and in such a manner that the pupils do not have to cross the highway.
