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:
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.
