Wisconsin Legislature: SS 003-23

Chapters Trans RR-1, 29, 56, 57, 100, 102, 104, 106, 107, 112, 115, 117, 119, 128, 130, 133, 134, 139, 141, 142, 145, 146, 148, 154, 176, 195, 200, 204, 205, 206, 207, 210, 212, 214, 230, 256, 259, 260, 261, 262, 276, 300, 307, 319, 326, 327, 400, 401, 405, 510, 512

Relating to:

Various Rules of the Department of Transportation affected by 2017 Wisconsin Act 108

Rule Type:

Permanent

1. Finding/nature of emergency (Emergency Rule only):

N/A

2. Detailed description of the objective of the proposed rule:

The objective of this proposed rule is to make technical changes to existing rules that the Wisconsin Department of Transportation (“the Department”) identified as in need of revision in compliance with 2017 Wisconsin Act 108 because the rules are unauthorized, obsolete, duplicative, or economically burdensome.

As such, the Department identified the following rules in need of revision:

Trans-RR 1

— Trans-RR 1.02 duplicates s. 15.465, Stats.

— Trans-RR 1.05: This rule contains references to the processes for handling jurisdictional transfers that are covered under other statutes and Trans code chapters.

— Trans-RR 1.12 (4) (b): Section Trans-RR 1.12 (4) (b) describes a process for obtaining and maintaining an inventory of signs on designated rustic roads. The process described is both unnecessary and economically burdensome.

Trans 29

— Trans 29 contains multiple references to outdated standard, "American Railway Engineering Association, manual for railway engineering" from 1993 and substitute current standards from the successor organization, American Railway Engineering and Maintenance of Way Association.

Trans 56

— Trans 56.05 (1): Contains reference to outdated Federal Aviation Administration (“FAA”) publication.

Trans 57

— Trans 57.04 (1) (b): Refers to outdated FAA standards for airport pavement markings and lighting.

Trans 100

— Trans 100.02 (6): Definition of "First Responder" has been changed/expanded in ch. Trans 256.

— Trans 100.10 (7): Prohibition of telephone testimony is economically burdensome.

— Trans 100.18 (1) (e): 20-year timeframe dropped to 5-year per 2011 Act 112.

Trans 102

— Trans 102.15 (2) (c) 6.: Instructor’s licenses are no longer revoked or suspended due to loss of driver’s license.

— Trans 102.16 (5): Refers to a repealed statute, s. 343.20 (1) (e), Stats.

— Trans 102.20 (2) (i): Refers to repealed rule, s. ATCP 11.14.

Trans 104

— Trans 104.06 (3) (Note): Per 49 CFR 383.25 (e), commercial learner’s permit holders must wait 14 days prior to testing. Rule does not match CFR requirements.

Trans 106

— Trans 106.02 (2) and (Note): Department of Health Services (DHS) renamed, renumbered, and reorganized their rules, “ss. HFS 61.54 to 61.57 and 61.59 to 61.68” to “ch. DHS 75.” Reference to DHS needs to be changed to maintain accuracy of ss. Trans 106.02 (2) and (Note).

Trans 107

—Trans 107.06, 107.07, 107.08 (1), 107.08 (1) (d), 107.08 (1) (h), 107.08 (1) (hm), 107.08 (1) (j), 107.08 (1) (m), 107.08 (2) (d), 107.08 (3), 107.09 (1), 107.09 (5), 107.09 (6), 107.11 (4) all refer to “suspensions.” Effective 1/1/02, all OWIs result in revocation.

— Trans 107.08(3): Section 346.63 (2m), Stats., now refers to “legal drinking age” rather than specific age.

Trans 112

— Trans 112.15 (1) (s): The current rule cites s. 948.35, Stats., which was folded into s. 948.40, Stats.

Trans 115

— Trans 115.03: Created in 1990, the rule currently bars all department employees rather than just the testing division. This is an overreach.

— Trans 115.04 (1) (a) 4. and Trans 115.04 (1) (a) 10.: Listed contents required on application.

— Trans 115.04 (3) (f): Policy is burdensome and can be loosened in accordance with 49 CFR 383.75.