AB724: Bill Text

Under current law, authorized emergency vehicles include police vehicles, fire department vehicles, and ambulances. When the operator of an authorized emergency vehicle is responding to an emergency call or in pursuit of an actual or suspected violator of the law, the operator is exempt from traffic restrictions relating to speed, traffic signals, and direction of travel if the operator activates the vehicle's warning lights and siren, but must drive with due regard under the circumstances for the safety of all persons. The operator is also exempt from traffic restrictions relating to parking if the operator activates the vehicle's warning lights.

Also under current law, ambulance operators are not required to participate in or complete any specialized driver training program.

This bill requires the Department of Transportation (DOT) to establish and administer an ambulance operator safety program consisting of several components. First, DOT must promulgate rules setting standards for the safe operation of ambulances. Second, DOT must establish a system of certification for operators of ambulances based on the completion of an ambulance operator safety course. DOT must prescribe the mandatory curriculum and components of an ambulance operator safety course, which must include classroom instruction and actual practice driving an ambulance accompanied by an instructor. The course must be consistent with the safe operation of ambulance standards promulgated by DOT. DOT must provide standards for the duration of the course, a mandatory written examination, and a mandatory driving skills test, and any other standards for instruction or examination considered necessary by DOT. Third, DOT must establish a system of recertification for ambulance operators, requiring recertification every three years. Applicants for recertification must pass the written examination required for initial certification as an ambulance operator and, every six years, retake the ambulance operator safety course. Fourth, DOT is authorized to certify, as third-party ambulance operator safety course administrators, driver schools and technical colleges that offer emergency vehicle operator courses if they have met criteria established by DOT and paid an application fee. A third-party administrator may test applicants for certification and recertification as ambulance operators, as well as conduct the ambulance operator safety course. Finally, the bill requires DOT to advise ambulance owners of the safety program and these new requirements for ambulance operators.

Also under this bill, for the authorized emergency vehicle exemption from traffic restrictions to apply, the operator of an ambulance must be currently certified by DOT.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB724, s. 1 Section 1. 20.395 (5) (ru) of the statutes is created to read:

AB724,2,5 20.395 (5) (ru) Ambulance operator safety course administrator certification, state funds. All moneys received from fees under s. 85.57 (6) (b), for the purpose of certifying 3rd-party ambulance operator safety course administrators under s. 85.57 (6) (a).

AB724, s. 2 Section 2. 85.57 of the statutes is created to read:

AB724,2,9 85.57 Ambulance operator safety program. (1) The department shall establish and administer an ambulance operator safety program to promote the safe operation of ambulances.

AB724,3,8 (2) The program under this section shall include providing a safety course to operators of ambulances under s. 340.01 (3) (g) or (i). The course shall require training consistent with the standards established under sub. (3) (a) and shall meet the requirements established under sub. (3) (b). The department shall provide certification to each person who successfully completes an ambulance operator safety course under this subsection. This certification shall expire every 3 years after the initial certification. A person whose certification has expired or is within 180 days of expiration may be recertified as provided by rule under sub. (3) (c).

AB724,3,10 (3) The department shall promulgate rules to implement and administer this section, including rules that do all of the following:

AB724,3,12 (a) Establish standards for the safe operation of ambulances under s. 340.01 (3) (g) or (i), including emergency operating techniques.

AB724,3,19 (b) Establish a minimum mandatory curriculum and establish required components for the ambulance operator safety course under sub. (2), which shall include classroom instruction and actual practice driving an ambulance accompanied by an instructor. The rules shall establish standards for the duration of the course, standards for a required written examination, standards for a required ambulance operating skills test, and any other standards for instruction or examination considered necessary by the department.

AB724,3,24 (c) Establish a system for recertification of ambulance operators under sub. (2). The rules under this paragraph shall require that, to be recertified, ambulance operators must pass the written examination required under par. (b) and must, at least once every 6 years after the initial certification, complete the ambulance operator safety course under sub. (2).

AB724,4,2 (d) Establish requirements for certification of 3rd-party ambulance operator safety course administrators under sub. (6).

AB724,4,4 (e) Establish standards and procedures for administering 3rd-party ambulance operator safety courses under sub. (6).

AB724,4,8 (4) The department shall review and, if considered appropriate by the department, submit in proposed form rules to revise the standards established under sub. (3) (a) to the legislative council staff under s. 227.15 (1) not later than June 30 of each even-numbered year.

AB724,4,10 (5) The department shall inform ambulance owners of the program under this section and of the standards and requirements established under sub. (3).

AB724,4,22 (6) (a) A driver school licensed under s. 343.61 or a technical college that offers a training course in emergency vehicle operation may be certified by the department as a 3rd-party ambulance operator safety course administrator pursuant to the rules promulgated under sub. (3) (d) and, if certified, may contract with the department to administer an ambulance operator safety course under sub. (2) and certify to the department if an applicant for certification or recertification under sub. (2) has successfully completed the course. A certified 3rd-party ambulance operator safety course administrator may also contract with the department to conduct written examinations for recertification under sub. (3) (c) and certify to the department if an applicant has passed the examination. A contract with a 3rd-party ambulance operator safety course administrator shall include all of the following provisions:

AB724,4,25 1. All instruction given and examinations conducted by the 3rd-party administrator shall comply with the standards established by the department under sub. (3) (b) and (e).

AB724,5,6 2. A 3rd-party administrator under this subsection shall certify to the department if an applicant for certification or recertification under sub. (2) has successfully completed the ambulance operator safety course or if an applicant for recertification has passed the written examination under sub. (3) (c), within 5 days after the applicant completed the course or examination, using procedures established by the department under sub. (3) (e).

AB724,5,12 (b) A driver school or technical college applying for certification as a 3rd-party ambulance operator safety course administrator shall pay an application fee to the department in an amount established by the department. The application fee under this paragraph may not exceed the actual cost of reviewing and processing the application for certification. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.395 (5) (ru).

AB724,5,16 (c) The department may conduct inspections of the 3rd-party administrator to determine compliance with the contract and with department certification requirements for 3rd-party ambulance operator safety course administrators under sub (3) (d).

AB724,5,25 (d) The department shall take prompt and appropriate remedial action against a 3rd-party administrator if the 3rd-party administrator fails to comply with department standards for 3rd-party ambulance operator safety course administrators or any provision of the contract under this subsection or unreasonably interferes with a department inspection under par. (c). Remedial action may include immediate termination of any ambulance operator safety courses administered by the 3rd-party administrator and recovery of damages incurred by the department as a result of the 3rd-party administrator's failure to comply with standards under this subsection or provisions of the contract under this subsection.

AB724, s. 3 Section 3. 346.03 (1) of the statutes is amended to read:

AB724,6,8 346.03 (1) The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, when responding to but not upon returning from a fire alarm, when transporting an organ for human transplantation, or when transporting medical personnel for the purpose of performing human organ harvesting or transplantation immediately after the transportation, may exercise the privileges set forth in this section, but subject to the conditions stated in subs. (2) to (5m) and (7).

AB724, s. 4 Section 4. 346.03 (7) of the statutes is created to read:

AB724,6,12 346.03 (7) The privileges granted under this section apply to the operator of an ambulance under s. 340.01 (3) (g) or (i) only if the operator holds a current certification under s. 85.57 (2).

AB724, s. 5 Section 5 . Nonstatutory provisions.

AB724,6,17 (1) The department of transportation shall submit in proposed form the rules required under section 85.57 (3) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

AB724, s. 6 Section 6. Initial applicability.

AB724,6,20 (1) This act first applies to ambulances operated on the effective date of this subsection.

AB724, s. 7 Section 7. Effective dates. This act takes effect on the first day of the 19th month beginning after publication, except as follows:

AB724,6,23 (1) Section 5 (1 ) of this act takes effect on the day after publication.

AB724,6,24 (End)