110.063
110.063
Inspection of motor buses. 110.063(1)
(1) The department shall promulgate and enforce such rules as the department deems necessary in the interests of the safety of persons being transported to cover the design, construction, equipment, inspection and operation of motor buses.
110.063(2)(a)(a) Except as provided in
par. (c), the owner of the motor bus shall have it inspected annually by the department for compliance with the requirements of
s. 110.075 and
ch. 347 and rules promulgated thereunder and any rules promulgated under this section.
110.063(2)(b)
(b) The department shall specify by rule a fee for the inspection required under this subsection equal to the cost of the inspection.
110.063(2)(c)
(c) Paragraph (a) does not apply to a motor bus which is operated by an urban mass transit system, as defined in
s. 85.20 (1) (L), if all of the following conditions are satisfied:
110.063(2)(c)1.
1. The urban mass transit system regularly inspects the motor bus at least annually.
110.063(2)(c)2.
2. The urban mass transit system submits the record of inspection of the motor bus to the department annually for examination.
110.063(2)(c)3.
3. Review of the record of inspection of the motor bus by the department indicates that the motor bus is in compliance with the requirements of
s. 110.075 and
ch. 347 and rules promulgated thereunder and any rules promulgated under this section.
110.063(3)
(3) Any person who violates this section or rules promulgated under this section may be required to forfeit not less than $50 nor more than $200.
110.063 History
History: 1987 a. 235.
110.063 Cross-reference
Cross-reference: See also chs.
Trans 300 and
330, Wis. adm. code.
110.064
110.064
Motor buses used for pupil transportation. 110.064(1)(a)(a) Notwithstanding
s. 340.01 (56) (b) 4., no motor bus operated under contract as provided in
s. 121.55 (1) (a) or
(d) may be used for the purpose of transporting pupils to or from a public or private school as provided in
s. 340.01 (56) (a) 1. and no motor bus otherwise operated on a special route for the purpose of transporting pupils to or from a public or private school as provided in
s. 340.01 (56) (a) 1. may be used for that purpose unless the motor bus satisfies safety and operation standards specified by the department under
par. (b).
110.064(1)(b)
(b) The department shall promulgate and enforce a rule requiring that a motor bus under
par. (a) satisfy safety standards providing an equivalent level of safety as the safety standards specified by the department for a school bus having the same gross vehicle weight rating and operation standards specifying that the rear door of a motor bus under
par. (a) may not be used for the entry or exit of pupils, except in an emergency, except that the department may not promulgate a rule which is in conflict with federal law, which requires the motor bus to be painted in accordance with
s. 347.44 (1) or which requires the motor bus to be equipped with flashing red warning lights as specified in
s. 347.25 (2).
110.064(2)
(2) Any person who violates this section or rules promulgated under this section may be required to forfeit not less than $50 nor more than $200.
110.064 History
History: 1987 a. 235.
110.064 Cross-reference
Cross-reference: See also chs.
Trans 300 and
330, Wis. adm. code.
110.065
110.065
Traffic academy. The secretary may establish and operate an academy for the training of state, county and local traffic patrol officers and other related personnel and make rules and regulations for the conduct thereof. The secretary shall establish and periodically revise a reasonable scale of tuition charges. The tuition for personnel other than employees of the department shall be paid by their respective departments or governing bodies and shall be deposited in the appropriation account under
s. 20.395 (5) (dh). The secretary shall consult appropriate state, county and local authorities concerning the establishment and operation of the academy and the determination of tuition charges. State agencies shall cooperate with the secretary in providing information and instructional services for the academy.
110.065 History
History: 1977 c. 29 s.
1654 (1), (7) (a), (c);
1997 a. 27.
110.07
110.07
Traffic officers; powers and duties. 110.07(1)(a)(a) The secretary shall employ not more than 399 traffic officers. The state traffic patrol consists of the traffic officers, the person designated to head them whose position shall be in the classified service and, if certified under
s. 165.85 (4) (b) 1. as qualified to be a law enforcement officer, the division administrator who is counted under
s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol. The division administrator may not be counted under this paragraph. Members of the state traffic patrol 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 may not conduct investigations for crimes under
chs. 939 to
948 other than crimes relating to the use or operation of vehicles. 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 employee 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 may not conduct investigations for crimes under
chs. 939 to
948 other than crimes relating to the use or operation of vehicles. 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 employee 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)(a)(a) In this subsection, "bulletproof garment" means a vest or other garment designed, redesigned, or adapted to prevent bullets from penetrating through the garment.
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.
110.07(6)
(6) The division administrator who is counted under
s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol shall be designated superintendent of the state traffic patrol, if he or she is certified under
s. 165.85 (4) (b) 1. as qualified to be a law enforcement officer.
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;
1999 a. 9,
85;
2001 a. 68,
109;
2009 a. 42.
110.07 Cross-reference
Cross-reference: See also Trans 327, Wis. adm. code.
110.07 Annotation
While it is clear that ss. 110.07 and 110.075 authorize the traffic officers of the state patrol and DOT to make stops and inspections and perhaps arrests for equipment violations, nothing in these statutes limits local law enforcements officers' powers to do so. A city police officer is a traffic officer under a. 340.01 (70), and because s. 110.075 provides that any traffic officer can stop and inspect vehicles for violations of ch. 110 or rules issued pursuant to ch. 110, and because s. 349.02 (2) permits a police officer to enforce a city ordinance violation upon a reasonable basis to believe a violation has occurred, a city officer had authority to make a stop for violation of an ordinance adopting a safety rule. State v. Bailey, 2009 WI App 140,
321 Wis. 2d 350,
773 N.W.2d 488,
08-3153.
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. Nothing in this section shall permit the department to promulgate any rule under which the provisions of
49 CFR 393 and
396 are applicable to, or enforceable with respect to, any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in
s. 340.01 (8) (c) or
(d), and the vehicle combination is operated solely in intrastate commerce.
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 Cross-reference
Cross-reference: See also Trans 327, Wis. adm. code.
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 Wis. 2d 120,
537 N.W.2d 126 (Ct. App. 1995),
94-0610.
110.075 Annotation
While it is clear that ss. 110.07 and 110.075 authorize the traffic officers of the state patrol and DOT to make stops and inspections and perhaps arrests for equipment violations, nothing in these statutes limits local law enforcements officers' powers to do so. A city police officer is a traffic officer under a. 340.01 (70), and because s. 110.075 provides that any traffic officer can stop and inspect vehicles for violations of ch. 110 or rules issued pursuant to ch. 110, and because s. 349.02 (2) permits a police officer to enforce a city ordinance violation upon a reasonable basis to believe a violation has occurred, a city officer had authority to make a stop for violation of an ordinance adopting a safety rule. State v. Bailey, 2009 WI App 140,
321 Wis. 2d 350,
773 N.W.2d 488,
08-3153.
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. 340.01 (41k), in cooperation with the department.
110.08(2)
(2) Except as provided under
s. 343.16 (1) (b) to
(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.
110.09
110.09
Background investigations of certain persons. 110.09(1)(a)(a) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department of transportation, with the assistance of the department of justice, shall conduct a background investigation of any person who has been selected to fill a position within the division of the department of transportation responsible for issuing operator's licenses and identification cards. This background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
110.09(1)(b)
(b) Notwithstanding
ss. 111.321,
111.322, and
111.335, at any interval determined appropriate by the department, the department may conduct, in the manner specified in
par. (a), additional background investigations of any person for whom an initial background investigation has been conducted under
par. (a) and background investigations of other persons employed by the department within the division of the department responsible for issuing operator's licenses and identification cards.
110.09(1)(c)
(c) The department shall promulgate rules governing confidentiality of information obtained under this subsection.
110.09(2)
(2) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department shall require, as a precondition to allowing access to any information system in which is stored information maintained by the division of the department responsible for issuing operator's licenses and identification cards, that any person to whom access is granted submit to a background investigation as provided in this subsection. Notwithstanding
ss. 111.321,
111.322, and
111.335, the department shall require the employer, including any state agency, of any person to whom the information will be made available to conduct the background investigation in a manner prescribed by the department. The department may require, as part of this background investigation, that the person be fingerprinted in the manner described in
sub. (1) (a) and that these fingerprints be provided to the department of justice for submission to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. Notwithstanding
ss. 111.321,
111.322, and
111.335, the department shall require that the employer certify the results of the background investigation and, based upon these results, may deny or restrict access to any information requested. In addition to the initial background investigation required under this subsection, the department may require on a periodic basis subsequent background investigations consistent with this subsection for persons with ongoing access to information. Any cost associated with the requirements under this subsection is the responsibility of the employer. For purposes of this subsection, "employer" includes a self-employed person. The department shall promulgate rules governing background investigations, and confidentiality of information obtained, under this subsection.
110.09 History
History: 2007 a. 20.
110.10
110.10
Ignition interlock device program. The department shall promulgate rules providing for the implementation of an ignition interlock device program that will be conveniently available to persons throughout this state. The rules shall include provisions regarding all of the following:
110.10(1)
(1) The selection of persons to install, service and remove ignition interlock devices from motor vehicles.
110.10(2)
(2) The periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an ignition interlock device.
110.10(3)
(3) Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntary use of ignition interlock devices.
110.10(4)
(4) Requiring ignition interlock device providers operating in this state to provide the department and law enforcement agencies designated by the department with installation, service, tampering and failure reports in a timely manner.
110.10(4m)
(4m) Requiring ignition interlock device providers operating in this state to accept, as payment in full for equipping a motor vehicle with an ignition interlock device and for maintaining the ignition interlock device, the amount ordered by the court under
s. 343.301 (3) (b), if applicable.
110.10(5)
(5) Requiring ignition interlock device providers to notify the department of any ignition interlock device tampering, circumvention, bypass or violation resets, including all relevant data recorded in the device's memory. Upon receiving notice described in this subsection, the department shall immediately provide the notice and data to the assessment agency that is administering the violator's driver safety plan.
110.10 History
History: 1999 a. 109,
186;
2009 a. 100.
110.10 Cross-reference
Cross-reference: See also ch.
Trans 313, Wis. adm. code.
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 when the county is withdrawn under
s. 285.30 (4). If the program is being operated under contract, termination shall occur at the end of the contractual period in effect.
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 when the county board adopts a resolution requesting termination of the program. If the program is being operated under contract, termination shall occur at the end of the contractual period in effect.
