SB158: Bill Text

LRB-2347/1

EVM:kjf:kf

2015 - 2016 LEGISLATURE

2015 Senate BILL 158

May 14, 2015 - Introduced by Senator Petrowski, cosponsored by Representatives Spiros, Ripp and A. Ott. Referred to Committee on Transportation and Veterans Affairs.

SB158,1,9 An Act to renumber 343.17 (3) (e) 1. and 346.89 (4); to renumber and amend 343.14 (2) (i); to amend 343.01 (2) (i), 343.03 (3m), 343.04 (2) (b), 343.065 (3) (a), 343.07 (1m) (d), 343.07 (3), 343.13 (2), 343.16 (1) (a), 343.16 (1) (b) 3. (intro.), 343.16 (2) (e), 343.16 (6) (a), 343.17 (3) (e) 2., 343.20 (1) (c), 343.25 (5) and 343.315 (2) (fm); and to create 343.04 (2) (bm), 343.14 (2) (im) (intro.), 343.14 (2) (im) 2m. a., 343.14 (2) (im) 2m. b., 343.16 (1) (b) 3. c., 343.16 (6) (am), 343.17 (3) (e) 1e., 343.17 (3) (e) 3., 343.17 (3) (e) 4., 343.17 (3) (e) 5., 343.17 (3) (e) 6., 343.17 (3) (e) 7., 343.315 (2) (f) 9., 343.315 (2) (f) 10., 343.315 (2) (fp) and 346.89 (4) (b) of the statutes; relating to: commercial driver licenses.

Analysis by the Legislative Reference Bureau

This bill makes a number of miscellaneous changes to the statutes related to commercial motor vehicles (CMVs), including the following:

1. Current law prohibits inattentive driving of a motor vehicle, which means that a driver of a motor vehicle may not be so engaged or occupied as to interfere with the safe driving of the vehicle. Current law also specifically prohibits a person who holds a probationary license or instruction permit from driving a motor vehicle while using a cellular or other wireless telephone, except to report an emergency.

This bill specifically prohibits a person from driving a CMV while using a cellular telephone or other wireless telephone, except to report an emergency.

2. Under current law, a person's operator's license may be cancelled for a variety of reasons. For example, a license may be cancelled if the Department of Transportation (DOT) finds that the application for the license contained a material false statement or if a license has been altered and returned to DOT for cancellation.

This bill specifies that the license of a person who secures, or attempts to secure, a license or endorsement by hiring or permitting another to appear in the person's place to take an examination or otherwise gaining or attempting to gain a passing score in an examination by fraud or otherwise obtain a commercial driver license (CDL) or CDL endorsement by fraud may be cancelled by DOT.

3. Under current law, if DOT has good cause to believe that a licensed operator is not qualified to be licensed, DOT may require the licensee to submit to an examination. After the examination, DOT may take any necessary action, including cancelling the license or permitting the licensee to retain the license subject to restrictions.

Under this bill, if DOT receives credible information that a person holding a CDL committed fraud related to the issuance of the CDL, DOT must require the person to submit to an examination.

4. Under current law, a person licensed to drive a CMV may be disqualified from operating a CMV for several reasons. Among these, a person may be disqualified upon being convicted of certain traffic-related offenses that are classified as "serious traffic violations." A person who is convicted of committing two serious traffic violations within a three-year period is disqualified from operating a CMV for 60 days and a person who is convicted of committing three serious traffic violations within a three-year period is disqualified from operating a CMV for 120 days.

Under this bill, driving a motor vehicle while composing or sending a text message and driving a CMV while using a cellular or other wireless phone are classified as serious traffic violations.

Also under this bill, a person whose CDL is cancelled because the person secured, or attempted to secure, a license or endorsement by hiring or permitting another to appear in the person's place to take an examination or otherwise gained or attempted to gain a passing score in an examination by fraud or otherwise obtain a CDL or CDL endorsement by fraud, is disqualified from operating a CMV for one year.

5. Under current law, a person may be issued a CDL that is subject to certain standard restrictions. Under current law, these standard restrictions are a prohibition from operating a CMV in interstate commerce and a restriction from operating a CMV that is equipped with air brakes.

This bill adds several standard restrictions that may be included on a CDL. These restrictions indicate that a person is prohibited from one of the following: operating a CMV equipped with a manual transmission, operating certain large passenger vehicles, operating tractor-trailer CMVs, operating a CMV equipped with full air brakes, or operating any CMV without a medical variance.

This bill also does all of the following:

1. Incorporates certain federal regulations regarding the documentation necessary to receive, and restrictions on, a CDL and requires the labeling of certain CDLs as nondomiciled licenses.

2. Modifies the standards for determining which vehicles are air brake equipped.

3. Changes the period of an instruction permit to operate CMVs or school buses from 6 months to 180 days.

4. Modifies the definition of "tank vehicle" and limits the operation of tank vehicles by persons holding an instruction permit.

5. Requires on-site inspections of third-party driver skills testers biennially rather than annually and permits scoring drivers along with the third-party tester during skills tests as an acceptable manner of evaluating the performance of these testers.

For further information see the state and local 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:

SB158,1 Section 1. 343.01 (2) (i) of the statutes is amended to read:

SB158,3,11 343.01 (2) (i) "Tank vehicle" means any commercial motor vehicle that is designed to transport a liquid or gaseous materials within a tank tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is are either permanently or temporarily attached to the commercial motor vehicle or the chassis. In this paragraph, "tank" does not include a portable tank, as defined in 49 CFR 171.8, having a rated capacity under 1,000 gallons. "Tank vehicle" does not include a commercial motor vehicle transporting an empty storage container tank if the tank is not designated for transportation, has a rated capacity of 1,000 gallons or more, and is temporarily attached to a flatbed trailer. In this paragraph, "liquid" has the meaning given in 49 CFR 171.8.

SB158,2 Section 2. 343.03 (3m) of the statutes is amended to read:

SB158,4,7 343.03 (3m) Noncitizen temporary limited-term license. If the issuance of any license described under sub. (3) requires the license applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. 2. to 7. or (im) 2m. b., the license shall display on the front side of the license, in addition to any legend or label described in sub. (3), a legend identifying the license as temporary limited term or, if the license authorizes the operation of a commercial motor vehicle, as a nondomiciled license. This noncitizen temporary limited-term license may not be renewed except as provided in s. 343.165 (4) (c). A nondomiciled license may not be issued to a resident of Canada or Mexico.

SB158,3 Section 3. 343.04 (2) (b) of the statutes is amended to read:

SB158,4,11 343.04 (2) (b) Air Full air brakes equipped. Air Full air brakes equipped vehicles are commercial motor vehicles equipped with a braking system operating fully or partly on the air brake principle.

SB158,4 Section 4. 343.04 (2) (bm) of the statutes is created to read:

SB158,4,16 343.04 (2) (bm) Partial air brakes equipped. Partial air brakes equipped vehicles are commercial motor vehicles equipped with a braking system operating partially on the air brake principle and partially on the air over hydraulic brake principle.

SB158,5 Section 5. 343.065 (3) (a) of the statutes is amended to read:

SB158,4,23 343.065 (3) (a) If a person issued any commercial driver license under this chapter authorizing operation of commercial motor vehicles in interstate commerce does not have on file with the department a current certification specified in s. 343.14 (2) (i) 1. (im) 1m. a. covering the person's physical qualifications, the department may downgrade the commercial driver license to a restricted commercial driver license under this section and impose a "K" restriction on the license.

SB158,6 Section 6. 343.07 (1m) (d) of the statutes is amended to read:

SB158,5,5 343.07 (1m) (d) No person holding an instruction permit issued under this subsection may operate a tank vehicle unless the tanks are empty and, if the tanks contained hazardous materials, purged or a vehicle transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73.

SB158,7 Section 7. 343.07 (3) of the statutes is amended to read:

SB158,5,12 343.07 (3) Duration; cancellation. An instruction permit to operate vehicles other than commercial motor vehicles or school buses is valid for 12 months except that it may be canceled upon receipt of information, by the secretary, of noncompletion or unsatisfactory completion of a driver education and training course by a permittee under the age of 18. An instruction permit to operate commercial motor vehicles or school buses is valid for 6 months 180 days.

SB158,8 Section 8. 343.13 (2) of the statutes is amended to read:

SB158,5,18 343.13 (2) Notwithstanding sub. (1), the department shall restrict the commercial driver license of any person to prohibit the operation of any motor vehicle equipped with air brakes if the person fails the portion of an examination under s. 343.16 relating to air brakes or the person's driving skills test is conducted in a motor vehicle not equipped with air brakes comply with 49 CFR 383.

SB158,9 Section 9. 343.14 (2) (i) of the statutes is renumbered 343.14 (2) (im) 1m., and 343.14 (2) (im) 1m. (intro.), as renumbered, is amended to read:

SB158,5,22 343.14 (2) (im) 1m. (intro.) A certification by the applicant for a commercial driver license that he or she either:

SB158,10 Section 10. 343.14 (2) (im) (intro.) of the statutes is created to read:

SB158,6,3 343.14 (2) (im) (intro.) In addition to the information required under this subsection, the application form for a commercial driver license shall include all of the following:

SB158,11 Section 11. 343.14 (2) (im) 2m. a. of the statutes is created to read:

SB158,6,9 343.14 (2) (im) 2m. a. Notwithstanding par. (es), if the person is applying for a commercial driver license other than a license under s. 343.03 (3m), acceptable proof under 49 CFR 383.71 (b) (9) that the individual is a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States.

SB158,12 Section 12. 343.14 (2) (im) 2m. b. of the statutes is created to read:

SB158,6,13 343.14 (2) (im) 2m. b. Notwithstanding par. (es), if the person is applying for a commercial driver license under s. 343.03 (3m), acceptable documentation under 49 CFR 383.71 (f) (2) (i).

SB158,13 Section 13. 343.16 (1) (a) of the statutes is amended to read:

SB158,7,25 343.16 (1) (a) General. Except when examination by a 3rd-party tester is permitted under pars. (b) to (c), the department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in sub. (2) (cm) and (e), the examinations of applicants for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate "Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The department may not require a person who is applying for authorization to operate "Class M" vehicles and who has successfully completed a rider course approved by the Wisconsin department of transportation motorcycle safety program to hold an instruction permit under s. 343.07 (4) prior to the department's issuance of a license authorizing the operation of "Class M" vehicles. The department may not require a person applying for authorization to operate "Class M" vehicles who holds an instruction permit under s. 343.07 (4) to hold it for a minimum period of time before administering a driving skills test. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (bm), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, subject to s. 343.125, or for the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. Except as may be required by the department for an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.

SB158,14 Section 14. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:

SB158,8,8 343.16 (1) (b) 3. (intro.) At least annually biennially, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements and applicants for operators' licenses to operate "Class D" vehicles. At least annually, the The department shall also evaluate testing given by the 3rd-party tester by one of the following means:

SB158,15 Section 15. 343.16 (1) (b) 3. c. of the statutes is created to read:

SB158,8,11 343.16 (1) (b) 3. c. The department shall score drivers along with the 3rd-party tester during skills tests to compare the scoring results.

SB158,16 Section 16. 343.16 (2) (e) of the statutes is amended to read:

SB158,8,17 343.16 (2) (e) Farm service industry employee waiver. To the extent permitted under applicable federal law or regulation, the department may waive any knowledge test and shall waive the commercial driver license driving skills test of a person applying for an "F" endorsement, except as provided under s. 343.16 (5) or (6) (a).

SB158,17 Section 17. 343.16 (6) (a) of the statutes is amended to read:

SB158,9,2 343.16 (6) (a) Whenever Except as provided in par. (am), whenever the secretary has good cause to believe that a licensed operator is incompetent or otherwise not qualified to be licensed, the secretary may, upon written notice of at least 5 days to the licensee, require the licensee to submit to an examination including all or part of the tests specified in sub. (1). Upon the conclusion of such examination the secretary shall take such action as is appropriate under this chapter, including cancellation of the license or permitting the licensee to retain the license subject to such restrictions as the secretary may order or without restrictions.

SB158,18 Section 18. 343.16 (6) (am) of the statutes is created to read:

SB158,9,9 343.16 (6) (am) If the secretary receives credible information that a person holding a commercial driver license committed fraud related to the issuance of the license, the secretary shall provide written notice to the person that the person is required to submit to an examination, including all or part of the tests required under sub. (1). A person receiving a notice under this paragraph shall, within 30 days of receiving notice, arrange to take the next available examination.