Plain language analysis
This rule making deletes authority of any person other than physicians to exempt persons from safety belt use requirements. This rule making will result in increased use of safety belts, and increase receipt of federal moneys for highway safety activities.
Comparison with federal regulations
Federal policy states that safety belt use requirements do not apply to, “Persons with medical conditions who are unable to use a safety belt, provided there is written documentation from a physician." The Department's current rules go further by allowing chiropractors and Christian Science practitioners to grant those exemptions.
Comparison with rules in adjacent states
Michigan
Mich. Comp. Laws. Annot. 257.710e(1)(e) exempts a person who possesses a written statement from a physician from safety belt use requirements. The Department was unable to identify any administrative rules on this topic.
Minnesota
Minn. Stats. Annot. §
169.686 (2)(3) allows physicians to exempt persons from safety belt use requirements. The Department was unable to identify any administrative rules on this topic.
Illinois
92 IL Admin. Code 1030.84 exempts from safety belt use requirements only to a person “possessing a written statement from a physician that the person is unable, for medical or physical reasons, to wear a seat safety belt."
Iowa
IA Admin. Code 761-600.16(321) authorizes physicians and chiropractors to exempt a person from safety belt use requirements for medical reasons. The Department identified no authority for Christian Science practitioners to exempt persons from safety belt use requirements.
Summary of factual data and analytical methodologies
None. NHTSA legal counsel informed the Department that in order to qualify for funds under
23 USC 406, any administrative rule that exempts a person from safety belt use requirements must be consistent with the medical exemption permitted in the implementing guidelines for section 406 eligibility. Those guidelines limit the exemption to physicians.
Analysis and supporting documentation used to determine effect on small businesses
This rule making has no effect on small businesses.
Small Business Impact
This rule making will eliminate one issue of noncompliance specifically identified by NHTSA that makes Wisconsin ineligible for approximately $15,000,000 in federal safety belt use grant moneys.
Small business regulatory coordinator
The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@wisconsin.gov, or by calling (414) 438-4585.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Text of Emergency Rule
SECTION 1. Trans 315.03 (1) (a) and (c) are amended to read:
Trans 315.03(1)(a) The person has a written statement signed by a licensed physician, chiropractor or a Christian Science practitioner residing in this state and listed in the Christian Science Journal indicating the person cannot be restrained by a safety belt because of a physical or medical condition, or words to that effect.
(c) The statement in par. (a) contains an address and telephone number of the physician, chiropractor, or Christian Science practitioner.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
341.08 (2) (e),
341.10 (6),
341.63 and
342.255, Stats., the Department of Transportation will hold a public hearing to consider the creation of Chapter
Trans 123, Wisconsin Administrative Code, relating to registration of non-standard vehicles.
Hearing Information
The public hearing will be held as follows:
Date and Time
|
Location
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July 29, 2009
10:00 a.m.
|
Hill Farms State Transportation
Building
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Room 254
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4802 Sheboygan Avenue
Madison
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An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Copies of Proposed Rule
A copy of the proposed rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail at carson.frazier@ dot.state.wi.us.
Submission of Written Comments and Agency Contact Person
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or e-mail:
carson.frazier@dot.state.wi.us.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
“Grounds for refusing registration," s.
341.10 (6), Stats.; “When registration to be suspended," s.
341.63, Stats.; “Cancellation of title or registration," s.
342.255, Stats.; “Application for registration," s.
341.08 (2) (e), Stats.
Explanation of agency authority
Current law prohibits the Department of Transportation from registering for on-road use any motor vehicle that is “originally designed and manufactured for off-highway operation" unless the vehicle bears a label on which the manufacturer certifies that the vehicle meets federal standards for on-road vehicles. Current law also requires the Department to suspend registration if it discovers that the registrant does not or cannot register the vehicle properly, and to cancel registration and title if it discovered that law prohibits the issuance or possession of a title or registration. Current law does not specify how to determine whether a vehicle is “originally designed and manufactured for off-highway operation." Federal law states that any vehicle made for on-road use in this country after 1967 must meet federal equipment standards. The Department applied that policy to conclude that a vehicle “originally designed and manufactured for off-highway operation" after 1967 is any vehicle that was not made for on-road use in this country. Federal law allows importation of vehicles originally made for foreign markets if the vehicle meets U.S. on-road standards, or is a model deemed to be “substantially similar" to vehicle models made for sale in this country, or is more than 25 years old at the time of importation. This rule making is intended to harmonize state law regarding registration for on-road use with the federal law requiring that vehicles meet U.S. on-road standards, except that this rule making does not adopt the federal exception for imported vehicles made after 1967 that are more than 25 years old.
Related statute or rule
“Motor Vehicle Safety,"
49 USC 30101-30170 (2006); “Importing motor vehicles capable of complying with standards,"
49 USC 30141 (2006); “Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment,"
49 USC 30112 (2006); “Certification of compliance,"
49 USC 30115; “Federal motor vehicle safety standards“
49 CFR 571 (2008); “Certification,"
49 CFR 567 (2008).
Plain language analysis
This rule making creates ch.
Trans 123, relating to grounds for the Department to refuse vehicle registration. Section
341.10(6), Stats., refers to a vehicle “originally designed and manufactured for off-highway operation." This proposed rule clarifies that the Department's registration or refusal of registration conforms to the National Highway Traffic Safety Administration (NHTSA) regulations implementing Federal Motor Vehicle Safety Standards (FMVSS).
In 1967, Congress declared a need to reduce traffic accidents and deaths and injuries resulting from traffic accidents and found it necessary to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce. The FMVSS were established in response.
NHTSA defines a “motor vehicle" as a vehicle that uses the public highways on a necessary and recurring basis and can exceed 20 miles per hour. The proposed rule defines “off-road vehicle" as a motor vehicle under Ch.
340, Stats., that does not meet the definition of “motor vehicle" under federal law.
The proposed rule states that the Department shall register any vehicle that was manufactured before 1968. The vehicle may be subject to equipment requirements under Ch.
347, Stats., and registration requirements under s.
341.268, Stats., regarding homemade and replica vehicles.
The proposed rule clarifies that the proof that a vehicle complies with FMVSS is that the vehicle displays a certification label as required by s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, or bears an FMVSS-conforming vehicle identification number (VIN). A vehicle manufactured for the non-U.S. market may be registered if it meets one of three certification methods to show that it complies with FMVSS.
The proposed rule establishes that an off-road vehicle with a model year 1968 or newer will be registered only if the vehicle displays a certification label that indicates the vehicle is certified by the manufacturer as meeting Federal Motor Vehicle Safety Standards, or if the manufacturer or importer certifies in one of three other methods that the vehicle complies with FMVSS.
The proposed rule requires the Department to cancel registrations initially made after the rule takes effect if the registration application contained incorrect or false information. The rule “grandfathers" in vehicles currently registered and allows them to continue to be registered until the vehicle is transferred to a new owner.
Comparison with federal regulations
This proposed rule establishes Wisconsin refusal of registration for motor vehicles in conformity with federal NHTSA regulations implementing FMVSS.
Comparison with rules in adjacent states
Michigan
Michigan law requires vehicles to comply with Michigan law equipment requirements for on-road operation, for titling and registration. If an imported vehicle is subject to federal standards, it must be upgraded by a registered importer before it may be titled and registered in Michigan. If a vehicle was manufactured before 1968, it is considered an antique vehicle and must have all on-road equipment required by Michigan law in effect at the time of manufacture.
Minnesota
Minnesota law requires that a vehicle comply with federal motor vehicle safety standards, for titling and registration. An imported vehicle must be certified by the importer as meeting federal safety standards. A collector military vehicle, 20 years old or older, may be registered only by a non-profit organization and only for operation as a collector's item and not for general transportation purposes.
Illinois
Illinois law requires that a vehicle comply with federal motor vehicle safety standards, for titling and registration. An imported vehicle must be certified by the importer as meeting federal safety standards.
Iowa
Iowa law requires that if federal law requires a vehicle to bear a manufacturer's label, that the vehicle complies with federal motor vehicle safety standards, the label must be present for titling and registration.
Summary of factual data and analytical methodologies
The Department had for several years followed a policy interpreting s.
341.10 (6), Stats., which prohibits the Department from registering off-road vehicles that do not meet the requirements of s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966. This Department policy does not define “off-road" vehicles but essentially refuses to register for on-road use any vehicle that does not meet federal on-road safety and equipment standards.
The Department concluded that the statutory provision requires Wisconsin to conform to federal regulations. The Department has revised its policy to conform to federal interpretations, and this rule codifies the current Department policy. The Department also addresses issues that were raised in a recent WDOA Division of Hearings and Appeals administrative hearing regarding the Department's cancellation of registration of imported military vehicles made after 1967. Vehicle Owned by Paul Underwood, Case TR-08-0027 (Sept. 18, 2008).
Analysis and supporting documentation used to determine effect on small businesses
This proposed rule clarifies statutory provision that the Department will refuse registration to certain motor vehicles that do not meet FMVSS. Motor vehicle dealers and importers will need to understand eligibility criteria for vehicle registration, before they import or attempt to sell motor vehicles intended for on-road use in this state.
Small Business Impact
The rule will enable small businesses that are dealers and importers to know the criteria for registration before they import or attempt to sell motor vehicles.
Small business regulatory coordinator
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
Anticipated costs incurred by private sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Text of Proposed Rule
SECTION 1. Chapter
Trans 123 is created to read:
Registration of Non-Standard Vehicles
Trans 123.01 Purpose. The purpose of this chapter is to interpret s.
341.10(6), Stats., and to establish eligibility criteria for off-road vehicles for the purpose of vehicle registration under ch.
341, Stats.
Trans 123.02 Applicability. This chapter applies to any vehicle presented to the department for registration under ch.
341, Stats.
Trans 123.03 Definitions. Unless otherwise stated, the definitions of words and phrases in ss.
340.01 and
341.01, Stats., apply to this chapter. In this chapter:
(1) “Manufacturer's certification label" means the label or tag permanently affixed to the vehicle in conformity with s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended,
49 USC 30115 (2006) and
49 CFR 567 (2008), that indicates the vehicle complies with applicable federal motor vehicle safety standards.
(2) “NHTSA" means the National Highway Traffic Safety Administration of the U. S. Department of Transportation.
