Chapter Trans 315

Chapter Trans 315

SAFETY BELT USAGE: PHYSICAL OR MEDICAL EXEMPTION

Trans 315.01   Purpose and scope.

Trans 315.03   Exemption for physical or medical condition.

Ch. Trans 315 Note Note: Chapter Trans 315 was created as an emergency rule effective December 18, 1987.

Trans 315.01 Trans 315.01 Purpose and scope.

Trans 315.01(1) (1) Purpose. As authorized by s. 347.48 (2m) (e), Stats., the purpose of this chapter is to establish the criteria for exemption from Wisconsin’s mandatory safety belt usage law for persons, who because of a physical or medical condition, cannot be properly restrained in a safety belt.

Trans 315.01(2) (2) Applicability. This chapter applies to all persons who are at least 4 years old and are subject to the safety belt installation and usage requirements of s. 347.48, Stats.

Trans 315.01 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88.

Trans 315.03 Trans 315.03 Exemption for physical or medical condition.

Trans 315.03(1) (1) A person who is at least 4 years old is exempted from the provisions of s. 347.48 (2m), Stats., if the person cannot be properly restrained in a safety belt because of a physical or medical condition providing:

Trans 315.03(1)(a) (a) The person has a written statement signed by a licensed physician indicating the person cannot be restrained by a safety belt because of a physical or medical condition, or words to that effect.

Trans 315.03(1)(b) (b) The statement in par. (a) is dated not more than one year previously, unless a shorter period is specified or the statement indicates that the medical or physical condition is permanent or chronic.

Trans 315.03(1)(c) (c) The statement in par. (a) contains an address and telephone number of the physician.

Trans 315.03(1)(d) (d) The statement in par. (a), or a photocopy of the statement, is carried on the person or in the vehicle transporting the person.

Trans 315.03(2) (2) A person at least 4 years old being transported in an authorized emergency vehicle as defined in s. 340.01 (3), Stats., when the vehicle is being operated in the performance of official duties, may be transported without a safety belt when the physical or medical needs of the person make restraint by safety belt unreasonable.

Trans 315.03 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; EmR0909: emerg. am. (1) (a) and (c), eff. 6-25-09; CR 09-058: am. (1) (a) and (c) Register December 2009 No. 648, eff. 1-1-10.