Section 5. Makes various changes to hours of service limitations. Increases the number of continuous driving hours permissible for a property-carrying CMV driver from 11 to 12 hours. Adopts federally approved enlarged hours of service wherever possible. Adopts 49 CFR 395.8 which includes the Electronic Logging Device (ELD) requirements put forth by the Commercial Motor Vehicle Safety Enhancement Act of 2012 49 U.S. Code § 31137 but delays the adoption for one year. All applicable exemptions from the ELD mandate for interstate transportation will also be applied by this rulemaking. Section 6. Repeals existing state hours of service limitations since the rule adopts federal hours of service limitations. See the description above in Section 5.
Section 7. This section provides enforcement authority for the Division of State Patrol to issue citations of $50-$100 per violation for violations of certain federal motor carrier regulations, for which only warnings are now issued, including falsified records and incorrect vehicle markings and for controlled substance and alcohol testing violations. It authorizes the Division of State Patrol to stop and inspect a vehicle if the officer has a reasonable basis to believe a violation of 49 CFR 390 (an expansive federal regulation covering ‘Motor Carrier Safety Regulations; General’) has occurred. This authority to enforce 49 CFR 390 does not apply to any farm truck or dual-purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination’s gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds and is operated exclusively in intrastate commerce. This section also authorizes the Division of State Patrol to enforce 49 CFR 382 (‘Controlled Substances and Alcohol Use and Testing’) under sections 194.38 and 194.43 of the statutes, which subjects violators to forfeitures. Section 8. Makes drivers of school buses used in charter activities and in extracurricular activities that are not school-related subject to the hours of service and driver qualifications.
Section 9. Contains a note summarizing the exemptions authorized by 49 CFR 350.305(b)(2) for school bus drivers engaged in intrastate operations. Section 10. Updates a cross reference to reflect changes made by this rule to retain existing hours of service limitation exemptions for authorized emergency vehicles: tow trucks and drivers of CMVs that weigh 26,000 pounds or less, transport fewer than 16 passengers, or transport hazardous materials that do not require placarding. See the descriptions above in Sections 6 and 7.
Section 11. Expands an exemption from hours of service to any vehicle that does not meet the state definition of CMV. Deletes exemptions from hours of service limitations for drivers located within 150 miles of home office or work site. Deletes the authority of motor carriers to declare emergencies that exempt themselves from driver qualifications and hours of service limitations. These drivers are subject to federal hours of service requirements. See the description above in Section 6.
Section 12. Updates a web address.
Section 13. Provides the effective date of changes accomplished by this rulemaking.
Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
These proposed rule changes will mirror existing federal statutes and regulations and would make Wisconsin consistent with other adjacent states that are presently compliant with certain federal regulations. However, because some states are presently not compliant with every federal regulation, Wisconsin could be inconsistent with other states until these states become compliant with federal law. FMCSA identified three nonconforming areas in its 2009 audit:
1. The state’s exemption of intrastate drivers from driver qualifications and hours of service regulations during emergencies, in s. Trans 327.09 (6) is not compatible with 49 CFR 390.23. A qualifying emergency may be declared only by certain specified federal, state, or local officials. Currently, Wisconsin regulations allow the motor carrier to declare the emergency. 2. FMCSA noted that the permissible federal exemption is limited to driver physical qualifications, a smaller subset of the requirements of 49 CFR 391, and that Wisconsin’s exemption is overbroad. The department intends to address this in another rulemaking. 3. 49 CFR 395.8 requires Electronic Logging Devices in intrastate commerce put forth by the Commercial Motor Vehicle Safety Enhancement Act of 2012 49 U.S. Code § 31137. Comparison with Rules in Adjacent States:
Illinois
1. Illinois does not allow a motor carrier to self-declare an emergency.
2. Illinois does have a grandfather provision for part 49 CFR 391. Paragraphs (b) (3) (insulin dependent diabetic) and (b) (10) (minimum visual acuity) of 49 CFR 391.41, shall not apply to the driver of a CMV with a gross vehicle weight rating (GVWR) or gross combination weight (GCW) of over 12,000 lbs., used in the intrastate transportation of property who immediately prior to July 29, 1986, was eligible and licensed to operate a motor vehicle subject to the Illinois Motor Carrier Safety Regulations (IMCSR) and was engaged in operating such vehicles, and who was disqualified on July 29, 1986, by the adoption of 49 CFR 391, by reason of the application of paragraphs (b) (3) and (b) (10) of 49 CFR 391.41, with respect to a physical condition existing at that time unless such driver has a record of accidents which would indicate a lack of ability to operate a motor vehicle in a safe manner. (Section 18b-105 of the law). Paragraphs (b) (3) (insulin dependent diabetic) and (b) (10) (minimum visual acuity) of 49 CFR 391.41, shall not apply to the driver of a CMV that either has a GVWR or gross combination weight rating (GCWR) of between 10,000 and 12,001 pounds; or that is designed to transport more than 15 passengers, including the driver; or that has a GVWR or GCWR of less than 12,001 pounds and transports hazardous materials in a quantity requiring placarding under the Illinois Hazardous Materials Transportation Act [430 ILCS 30]. The vehicle must be used in intrastate transportation. The driver must have been eligible and licensed to operate a motor vehicle subject to the IMCSR and engaged in operating that vehicle immediately prior to January 17, 1992. The driver must have been disqualified on January 17, 1992, by the adoption of Public Act 87-829 that made the IMCSR applicable to vehicles described in this subsection (c) (4). The reason for disqualification must have been the application of paragraphs (b) (3) and (b) (10) of 49 CFR 391.41, with respect to a physical condition existing at that time. This exception does not apply to any driver who has a record of accidents that would indicate a lack of ability to operate a motor vehicle in a safe manner. 3. Illinois requires an ELD in intrastate commerce.
Iowa
1. Iowa does not allow a motor carrier to self-declare an emergency.
2. Iowa does have a grandfather provision for part 49 CFR 391. Iowa law: 321.449 Motor Carrier Safety Rules
3. a. Notwithstanding other provisions of this section, rules adopted under this section concerning physical and medical qualifications for drivers of commercial vehicles engaged in intrastate commerce shall not be construed as disqualifying any individual who was employed as a driver of commercial vehicles engaged in intrastate commerce whose physical or medical condition existed prior to July 29, 1996.
b. Notwithstanding other provisions of this section, rules adopted under this section concerning physical and medical qualifications for a driver shall not apply to a farmer or a farmer's hired help when operating a vehicle owned by the farmer while it is being used in connection with the intrastate transportation of fertilizers and chemicals used in the farmer's crop production.
4. Iowa requires an ELD in intrastate commerce.
Michigan
1. Michigan does not allow a motor carrier to self-declare an emergency.
2. Michigan does not have a grandfather provision from part 49 CFR 391. 3. Michigan requires an ELD in intrastate commerce.
Minnesota
1. Minnesota does not allow a motor carrier to self-declare an emergency.
2. Minnesota does have a grandfather provision for part 49 CFR 391. Minnesota law: MN Statute 221.031 Subd. 3 (b)
The state of MN has had this exemption in their law before April 1988. Therefore, when motor carriers are transporting the below commodities, they are exempted from 49.CFR 391. (49CFR350.305(b)(2).
— Delivery of Ag Lime.
— Transportation of fresh vegetables from farms to canneries or viner stations, and transportation of sugar beets, wild rice, rutabagas from field of production to first place of delivery or unloading.
— Transportation of unprocessed dairy products in bulk within 100-mile radius from the home post office of the person providing the transportation.
— Transportation of agricultural, horticultural, dairy, livestock, other farm products within an area having a 100-mile radius from the person’s home post office and the carrier may transport other commodities within the 100-mile radius if the destination of each haul is a farm.
— Farmers/employees transporting diesel fuel, gasoline, ag. chemicals, or ag. fertilizers for use on the transporter/farm when diesel fuel/gasoline tank truck vehicles<1,500 gallon owned by the transporter or other motor vehicles with GVW <10,000 lbs.
3. Minnesota requires an ELD in intrastate commerce.
Summary of the Factual Data and Analytical Methodologies: The changes proposed in this rulemaking are recommended by the FMCSA audit conducted in 2009 of Wisconsin’s Motor Carrier Enforcement Program, which noted several incompatibilities between state law and federal law.
Analysis Regarding Rule’s Effect on Small Businesses: The state’s exemption of intrastate drivers from its adoption of driver qualifications and hours of service regulations during emergencies, in s. Trans 327.09 (6) is not compatible with 49 CFR 390.23. The emergency must be declared by certain specified federal, state, or local officials. The Wisconsin regulations allow the motor carrier to declare the emergency. Effect: No effect on small business. If a regional emergency exists, the current governor will declare an emergency per 49 CFR 390.23.
Anticipated costs incurred by private sector: The state’s exemption of intrastate drivers from its adoption of driver qualifications and hours of service regulations during emergencies, in s. Trans 327.09 (6) is not compatible with 49 CFR 390.23. The emergency must be declared by certain specified federal, state, or local officials. The Wisconsin regulations allow the motor carrier to declare the emergency. Effect: The Department anticipates increased shipping or driver labor costs for businesses that previously declared emergencies that were not also declared emergencies by qualifying state or federal officials, although the Department cannot quantify this cost increase.
Proposed rule’s effect on small businesses: The ELD requirement would significantly reduce drivers’ paperwork and recordkeeping duties, which saves the driver and their employer time and money. Additionally, ELDs prevent crashes, injuries, and deaths, which can reduce costs. If a crash occurs, carriers may experience increased insurance costs and be at risk to be sued if a CMV driver is at fault.
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://docs.legis.wisconsin.gov/code. 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:
