Agency Contact Person:
Captain Karl Mittelstadt
State of Wisconsin Department of Transportation
Division of State Patrol
4822 Madison Yards Way
Madison, Wisconsin 53705
608-215-2804
Place Where Comments Should Be Submitted and Deadline: Comments may be submitted to the agency contact person listed above or through the Legislature’s Administrative Rules website http://docs.legis.wisconsin.gov/code until the deadline given in the forthcoming notice of public hearing. TEXT OF PERMANENT RULE
Section 1. Trans 327 (title) is amended to read:
Trans 327 (title) Motor Carrier Safety – Intrastate
Section 2. Trans 327.01 (2) is repealed.
Section 3. Trans 327.03 (2) (a) 1. is amended to read:
Trans 327.03 (2) (a) 1. 391.11(b)(1), and 391.41(b)(3) if, in the alternative a driver with diabetes controlled by insulin obtains statements from 2 licensed physicians indicating, on a form provided by the department of transportation, that the diabetes is not likely to cause loss of ability to control or operate a motor vehicle.
Section 4. Trans 327.03 (7) and (Note) are amended to read:
Trans 327.03 (7) Every traffic officer and state patrol inspector employed under the authority of s. 110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the North American standard out-of-service criteria, Standard Out-of-Service Criteria, except that s. Trans 327.03 (10) shall be used to determine the maximum number of hours allowed to drive after coming on duty. (Note) The North American Standard Out-of-Service Criteria is on file with the Legislative Reference Bureau and the Department of Transportation, Division of State Patrol. Copies may be obtained by writing to the Division of State Patrol, P. O. Box 7912, Madison, WI 53707-7912, or A copy may be requested from to the Commercial Vehicle Safety Alliance, 1101 17th Street, NW, Suite 803, Washington, DC 20036, or by calling 202-775-1623 301-830-6143. You may also request copies via their website at www.cvsa.org.
Section 5. Trans 327.03 (10) is repealed and recreated to read:
Trans 327.03 (10) (a) Title 49, Code of Federal Regulations, part 395, hours of service of drivers, except as follows:
1. Title 49, Code of Federal Regulations, 395.3 (a) (2) and (3) are not adopted.
2. Title 49, Code of Federal Regulations, 395.3 (b) is not adopted.
3. Title 49, Code of Federal Regulations, 395.8 (a) (1) (i) through (iv) does not apply to operation on or before the last day of the 12th month beginning after the effective date of this subdivision [LRB inserts date].
(b) No driver may drive a property-carrying vehicle for:
1. More than 12 hours following 10 consecutive hours off duty.
2. Any period after having been on duty for 16 hours following 10 consecutive hours off duty.
3. After having been on duty for 70 hours in any period of 7 consecutive days.
4. After having been on duty for 80 hours in any period of 8 consecutive days.
Section 6. Trans 327.05 is repealed.
Section 7. Trans 327.07 (1) and (2) are amended to read:
Section 8. Trans 327.09 (1) is amended to read:
Trans 327.09 (1) The provisions of s. Trans 327.03 do not apply to a driver or of a school bus when the school bus is being used for authorized educational or extracurricular or charter school-related activities. Section 9. Trans 327.09 (1) (Note) is created to read:
Trans 327.09 (1) (Note) This section preserves exemptions authorized by 49 CFR 350.305(b)(2) that were in effect on March 31, 1988, for school bus drivers engaged in intrastate operations for authorized educational or extracurricular school-related activities.
Section 10. Trans 327.09 (4) (intro.) and (b) are amended to read:
(b) Drivers who operate motor vehicles which have a manufacturers' gross vehicle weight rating equal to or less than 26,000 pounds that are not defined as a commercial motor vehicle in s. 340.01 (8), Stats.
Section 11. Trans 327.09 (5) and (6) are repealed.
Section 12. Trans 327.13 (Note) is amended to read:
Section 13. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. (END OF RULE TEXT)
