110.07
110.07
Traffic officers; powers and duties. 110.07(1)(a)(a) The secretary shall employ not to exceed 385 traffic officers. Such traffic officers, in addition to the person designated to head them whose position shall be in the classified service, shall constitute the state traffic patrol, and shall:
110.07(1)(a)2.
2. Have the powers of sheriff in enforcing the laws specified in
subd. 1. and orders or rules issued pursuant thereto.
110.07(1)(a)3.
3. Have authority to enter any place where vehicles subject to this chapter,
ss. 167.31 (2) (b) to
(d) and
287.81 and
chs. 194,
218 and
341 to
350 are stored or parked at any time to examine such vehicles, or to stop such vehicles while en route at any time upon the public highways to examine the same and make arrests for all violations thereof.
110.07(1)(b)
(b) All municipal judges, judges, district attorneys and law enforcement officers shall assist in enforcing this chapter,
ss. 167.31 (2) (b) to
(d) and
287.81 and
chs. 194,
218 and
341 to
351, and orders or rules issued pursuant thereto and shall report to the department the disposition of every uniform traffic citation issued for cases involving those chapters.
110.07(2)
(2) The traffic officers employed pursuant to this section shall constitute a state traffic patrol to assist local enforcement officers wherever possible in the regulation of traffic and the prevention of accidents upon the public highways.
110.07(2m)
(2m) In addition to the primary powers granted by
subs. (1) and
(2), any officer of the state traffic patrol shall have the powers of a peace officer under
s. 59.28, except that the officer shall have the arrest powers of a law enforcement officer under
s. 968.07, regardless of whether the violation is punishable by forfeiture or criminal penalty. A state traffic officer shall at all times be available as a witness for the state but shall not conduct investigations for crimes under
chs. 939 to
948.The primary duty of a state traffic officer shall be the enforcement of
chs. 340 to
351 or of any other law relating to the use or operation of vehicles upon the highway. No state traffic officer shall be used in or take part in any dispute or controversy between employer or employe concerning wages, hours, labor or working conditions; nor shall any such officer be required to serve civil process. The department may assign state traffic officers to safeguard state officers or other persons.
110.07(3)
(3) The secretary may employ inspectors who may not wear the uniform of the state patrol, whose duties shall be to enforce and assist in administering
s. 346.63, this chapter and
chs. 194,
218,
340 to
345 and
347 to
351,
s. 23.33, the inspection requirements of
s. 121.555 (2) (b) and the requirements under
s. 346.45 (4) for vehicles being used to transport hazardous materials. Such inspectors, in the performance of these duties, shall have the powers and authority of state traffic officers. For the purpose of death, disability and retirement coverage, such inspectors shall be subject to
ch. 40 as is the state traffic patrol. Subject to
sub. (5), the secretary may clothe and equip inspectors as the interest of public safety and their duties require.
110.07(4)
(4) In addition to the primary powers granted by
sub. (3), any inspector shall have the powers of a peace officer under
s. 59.28, except that the inspector shall have the arrest powers of a law enforcement officer under
s. 968.07, regardless of whether the violation is punishable by forfeiture or criminal penalty. An inspector shall at all times be available as a witness for the state but shall not conduct investigations for crimes under
chs. 939 to
948.The primary duty of an inspector shall be the enforcement of the provisions specified in
sub. (3). No inspector may be used in or take part in any dispute or controversy between employer or employe concerning wages, hours, labor or working conditions; nor may an inspector be required to serve civil process. The department may assign inspectors to safeguard state officers or other persons.
110.07(5)(b)
(b) Upon request of an officer of the state traffic patrol under
sub. (1) or inspector under
sub. (3), the department shall make available to the traffic officer or inspector a bulletproof garment that may be used in the performance of his or her duties under this section. The department shall equip a traffic officer or inspector with a bulletproof garment as soon as practicable after receipt of the request from the traffic officer or inspector under this paragraph, provided that each traffic officer or inspector who has made a request before September 1, 1997, shall be equipped with a bulletproof garment by that date.
110.07 History
History: 1971 c. 40,
125;
1973 c. 90,
146;
1975 c. 297;
1977 c. 29 ss.
1048,
1654 (7) (a), (c),
1656 (43);
1977 c. 305 s.
64;
1977 c. 418;
1979 c. 221;
1979 c. 333 s.
5;
1979 c. 361 s.
113;
1981 c. 96 s.
67;
1981 c. 390;
1983 a. 27;
1983 a. 175 s.
33;
1983 a. 191 s.
6;
1985 a. 29,
36,
63,
332;
1987 a. 332 s.
64;
1989 a. 31,
167,
170,
240,
335,
359;
1993 a. 25;
1995 a. 201,
227,
341.
110.075
110.075
Motor vehicle inspection. 110.075(1)
(1) No person shall drive or move, or cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is not in conformity with the requirements of this section.
110.075(2)
(2) When directed by any traffic officer or motor vehicle inspector, the operator of any motor vehicle shall stop and submit such motor vehicle to an inspection and such tests as are necessary to determine whether it meets the requirements of this section, or that its equipment is not in proper adjustment or repair, or in violation of the equipment provisions of
ss. 110.05,
110.06,
110.063 and
110.064,
ch. 347, or rules issued pursuant thereto. Such inspection shall be made with respect to the brakes, lights, turn signals, steering, horns and warning devices, glass, mirrors, exhaust system, windshield wipers, tires, and other items of equipment designated by the secretary.
110.075(3)
(3) Upon determining that a motor vehicle is in conformity with
sub. (2), traffic officers or motor vehicle inspectors shall issue to the operator an official inspection sticker which shall be in such form as the secretary prescribes. The official inspection sticker issued following an inspection shall exempt the inspected vehicle from vehicle inspection for a period of one year.
110.075(4)
(4) When any motor vehicle is found to be unsafe for operation, traffic officers or motor vehicle inspectors may order it removed from the highway and not operated, except for purposes of removal and repair, until it has been repaired pursuant to a repair order as provided in
sub. (5).
110.075(5)
(5) When any motor vehicle is not in compliance with
sub. (2) a repair order may be issued, in such form and containing such information as the secretary prescribes, to the owner or driver of the motor vehicle. The owner or driver shall thereupon obtain such repairs as are required.
110.075(6)
(6) The secretary shall set standards and adopt rules to establish a plan of inspection to implement the inspection program provided by this section.
110.075(7)
(7) Any person producing, manufacturing or using an inspection sticker or causing the same to be done to subvert the provisions of this section shall forfeit not less than $100 nor more than $500. Any persons otherwise violating this section,
s. 110.06,
ch. 347 or rules issued pursuant thereto, unless otherwise provided by statute, shall forfeit not less than $10 nor more than $200.
110.075 Annotation
A corporate employer may be liable for violation of this section. Town of East Troy v. A-1 Service Co., Inc. 196 W (2d) 120, 537 NW (2d) 126 (Ct. App. 1995).
110.08
110.08
State operator's license examiner system. 110.08(1)(1) The department shall employ a sufficient number of operator's license examiners. The department may contract for specialists in driver's license examining to augment the department's training program for examiners.
110.08(1m)
(1m) Each operator's license examiner shall receive informational training on the powers and duties of the department relating to organ donor information under
s. 343.175 once every 2 years and, for operator's license examiners hired after January 1, 1997, prior to initial assignment to operator's license examining activities. The informational training under this subsection shall be developed by all organ procurement organizations, as defined in
s. 343.01 (2) (dg), in cooperation with the department.
110.08(2)
(2) Except as provided under
s. 343.16 (1) (b) and
(c), all examinations for operator's licenses and permits shall be given by state examiners.
110.08(3)
(3) The department shall employ state examiners, driver improvement personnel and clerical personnel at local examining centers, under the classified service.
110.08(4)
(4) The department shall employ, train and assign sufficient driver improvement personnel to carry out an intensive driver improvement program including the reexamination and personal interview of problem drivers.
110.20
110.20
Motor vehicle emission inspection and maintenance program. 110.20(1)(1)
Definitions. In this section, unless the context requires otherwise:
110.20(1)(am)
(am) "Federal act" means the federal clean air act,
42 USC 7401 et seq., and regulations issued by the federal environmental protection agency under that act.
110.20(1)(b)
(b) "Nonexempt vehicle" means any motor vehicle as defined under
s. 340.01 (35) which is owned by the United States or which is required to be registered in this state and to which one or more emission limitations adopted under
s. 285.30 (2) applies.
110.20(1)(c)
(c) "Nontransient emissions inspection" means an emissions inspection conducted on a vehicle without the use of a chassis dynamometer to vary vehicle engine loads.
110.20(2)
(2) Program established. The department shall establish an inspection and maintenance program as provided in this section.
110.20(3)(a)(a) The inspection and maintenance program shall be designed to determine compliance with the emission limitations promulgated under
s. 285.30 (2) and compliance with
s. 285.30 (6).
110.20(3)(c)
(c) The inspection and maintenance program may be designed to provide information on the fuel efficiency of nonexempt vehicles.
110.20(3)(d)
(d) The inspection and maintenance program shall be designed and operated to comply with the requirements of the federal act.
110.20(4)
(4) Departmental cooperation. The department shall consult and cooperate with the department of natural resources in order to efficiently and fairly establish and administer the program established under this section.
110.20(5)
(5) Counties. The department shall operate the inspection and maintenance program in each of the following counties:
110.20(5)(a)
(a) Any county identified in a certification under
s. 285.30 (3). The department shall terminate the program in the county at the end of the contractual period in effect when the county is withdrawn under
s. 285.30 (4).
110.20(5)(b)
(b) Any county whose board of supervisors has adopted a resolution requesting the department to establish an inspection and maintenance program in the county for the purpose of improving ambient air quality beyond the standards mandated by section 7409 of the federal act. The department shall terminate the program in the county at the end of the contractual period in effect when the county board adopts a resolution requesting termination of the program.
110.20(6)(a)(a) The program shall require an emissions inspection under
sub. (11) of any nonexempt vehicle customarily kept in a county identified in
sub. (5) as follows:
110.20(6)(a)1.
1. For a nonexempt vehicle required to be registered on an annual or other periodic basis in this state, within 90 days prior to renewal of registration in the 2nd year after the nonexempt vehicle's model year and every 2 years thereafter, except as provided in
sub. (9) (j).
110.20(6)(a)2.
2. For a nonexempt vehicle required to be registered on an annual or other periodic basis in this state, within the period of time specified by the department under
sub. (9) (d) of registration other than renewal if the year of registration is at least 6 years after the nonexempt vehicle's model year.
110.20(6)(a)3.
3. For a nonexempt vehicle that is registered under
s. 341.26 (2m), owned by the United States or subject to one-time registration, at any time during the 2nd year following the nonexempt vehicle's model year and every 2 years thereafter.
110.20(6)(a)4.
4. For a nonexempt vehicle, whenever the owner of the vehicle is notified under
sub. (9) (g) that an emissions inspection must be performed.
110.20(6)(b)
(b) The program shall require an air pollution control equipment inspection to determine compliance with
s. 285.30 (6) of any nonexempt vehicle customarily kept in a county identified in
sub. (5) whenever a nontransient emissions inspection is performed or at the time of application for a waiver under
sub. (13).
110.20(6m)
(6m) Prohibited inspections. The department may not require an emissions inspection of any vehicle prior to the inspection of the vehicle scheduled under
sub. (6) (a) 1. or
(9) (d) or
(j) if an interest in the vehicle is transferred to a surviving spouse under
s. 342.17 (4).
110.20(7)
(7) Voluntary inspections. The inspection and maintenance program shall require inspection of any nonexempt vehicle which a person presents for inspection at an inspection station.
110.20(8)(a)(a) The emissions test and equipment inspection of nonexempt vehicles shall be performed by persons under contract with the department. The contract shall require the contractor to operate inspection stations for a minimum of 3 years and shall provide for equitable compensation to the contractor if the operation of an inspection and maintenance program within any county is terminated within 3 years after the inspection and maintenance program in the county is begun. No officer, director or employe of the contractor may be an employe of the department or a person engaged in the business of selling, maintaining or repairing motor vehicles or of selling motor vehicle replacement or repair parts. The department shall require the contractor to operate a sufficient number of inspection stations, permanent or mobile, to ensure public convenience in those counties identified under
sub. (5).
110.20(8)(b)
(b) The department may require the contractor to test the fuel efficiency of nonexempt vehicles during emission inspections.
110.20(8)(c)
(c) The department may delegate to the contractor specified registration functions of the department under
ch. 341. The department may direct the contractor to perform specified registration functions under
ch. 341.
110.20(8)(cm)
(cm) The department may delegate to the contractor functions associated with the issuance of a temporary operating permit under
sub. (10) (b) or the waiver of compliance under
sub. (13) (a) or both.
110.20(8)(d)
(d) No inspection station may be established within 0.5 mile of an air monitoring station which reported a violation during the period from 1976 to 1979 of the carbon monoxide primary national ambient air quality standard as defined by the department of natural resources.
110.20(8)(e)
(e) The contractor shall collect, maintain and report data as the department requires. The department shall reserve the right to enter and inspect test station premises, equipment and records at all reasonable times in the discharge of its administrative duties. The department of revenue shall audit the records of the contractor annually and shall provide for the publication of the results of audits conducted under this paragraph in the official state newspaper.
110.20(9)
(9) Rules. The department shall promulgate rules which:
110.20(9)(a)
(a) Specify procedures for the inspection of vehicles, including the method of measuring emissions, the types of equipment which may be used in performing the measurements and the calibration requirements for the equipment. The procedures and methods shall be capable of being correlated with the federal test procedures established under section 7525 of the federal act.
110.20(9)(b)
(b) Prescribe a procedure for determining whether the cost of necessary repairs and adjustments exceeds the limit under
sub. (13).
110.20(9)(c)
(c) Specify procedures under which a vehicle may be refused inspection for safety reasons or for defects which would result in inaccurate measurement of emissions.
110.20(9)(d)
(d) Specify a period of time during which an emissions inspection must be performed for a nonexempt vehicle subject to
sub. (6) (a) 2.
110.20(9)(e)
(e) Prescribe a procedure for conducting all federally required performance audits of inspection and maintenance program operations and personnel and all enforcement against contractors required by
40 CFR 51.364.
110.20(9)(f)
(f) Establish a performance monitoring system to inform the public regarding repair efficacy.
110.20(9)(g)
(g) Prescribe a procedure for remote sensing of not less than 0.5% of nonexempt vehicles and, for such vehicles that grossly exceed applicable emission limitations, as determined by the department, notifying vehicle owners by mail that an emissions inspection must be performed under
sub. (6) (a) 4.
110.20(9)(h)
(h) Provide procedures for identifying any nonexempt vehicle subject to a recall by the manufacturer of the vehicle that is related to emissions and ensuring motorist compliance with the recall.
110.20(9)(i)
(i) Provide a procedure for detecting and preventing the fraudulent classification of any nonexempt vehicle as a vehicle that is not a nonexempt vehicle.
110.20(9)(j)
(j) Prescribe an annual frequency for inspection for any model year subset of nonexempt vehicles if the department determines annual inspection to be appropriate after additional program evaluation.
110.20(10)
(10) Reciprocity; temporary operating permit and exemptions. The department may promulgate rules which:
110.20(10)(a)
(a) Authorize the acceptance of an inspection performed in another state instead of an inspection required under this section if the inspection in the other state was performed under procedures, requirements and standards comparable to those required under this section and it satisfies the requirements of the federal act.
110.20(10)(b)
(b) Authorize the issuance of a temporary operating permit, valid for not more than 30 days, to allow time for inspection and necessary repairs and adjustments of any motor vehicle subject to inspection under
sub. (6).
110.20(10)(c)
(c) Permit a temporary exemption for nonexempt vehicles absent from an emissions inspection area.
110.20(10)(d)
(d) Authorize the issuance of a certificate of compliance for nonexempt vehicles that fail the inspection tests under
sub. (11) (a) for applicable emission limitations but complete a comprehensive physical and functional diagnostic inspection which indicates that no adjustments or repairs will bring the vehicle into compliance with applicable emissions limitations.
110.20(10m)
(10m) Reinspection. The owner of a nonexempt vehicle inspected under this section is entitled, if the inspection determines that any applicable emission limitation is exceeded, to one reinspection of the same vehicle at any inspection station within this state if the reinspection takes place within 30 days after the initial inspection or the owner presents satisfactory evidence that the repairs and adjustments which were performed on the vehicle could not have been made within 30 days of the initial inspection.
110.20(11)(a)(a) The contractor shall perform the tests required under the federal act. The tests shall include one of the approved short tests required by the federal act to determine compliance with applicable emission limitations for carbon monoxide, hydrocarbons and oxides of nitrogen. The department may require the contractor to provide information on the fuel efficiency of the motor vehicle.
110.20(11)(b)
(b) The department shall require the contractor to furnish the results of the emissions inspection in writing to the person presenting the vehicle for inspection before he or she departs from the inspection station. If the inspection shows that the vehicle does not comply with one or more applicable emissions limitations, the results shall include, to the extent possible, a description of the noncompliance and the adjustments or repairs likely to be needed for compliance.
110.20(12)
(12) Repairs. Repairs or adjustments necessary to bring a vehicle into compliance with applicable emissions limitations are the responsibility of the vehicle owner and may be made by the owner or any person selected by the owner. For a nonexempt vehicle with a model year of 1981 or later, only repairs performed by automotive repair technicians, as defined by the department by rule, shall be valid for the issuance of a waiver of compliance under
sub. (13).
110.20(13)(a)(a) The department shall issue a waiver of compliance valid until the next required inspection of the vehicle under
sub. (6) if the owner presents satisfactory evidence to the department that the actual costs of repairs performed on a vehicle in accordance with an inspection report under
sub. (11) (b) exceeded the repair cost limit established under
par. (b).
110.20(13)(b)
(b) The department of natural resources shall, by rule, establish the amount of the repair cost limit to equal the amount required under
42 USC 7511a (b)
4. or (c) (3) (C).
110.20(13)(c)
(c) In determining the costs of repairs and adjustments included in the repair cost limit, the following costs shall be excluded:
