reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 320 - Calculation Of Fees For Special Events, Security, Traffic Enforcement And Escort Services › Section Trans 320.04 - Formula for determining fees for special events

Current through June 24, 2024
(1) The fee formula
			 for special events shall include all of the following:
(a) Duty hours.
(b) Rate of pay.
(c) Vehicle mileage.
(d) Mileage rate.
(e) Meal allowance.
(f) Lodging allowance.
(g) Number of days.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 320 - Calculation Of Fees For Special Events, Security, Traffic Enforcement And Escort Services › Section Trans 320.05 - Formula for determining fees for escort services

Current through June 24, 2024
(1) The fee formula
			 for escort services shall include all of the following:
(a) Duty hours.
(b) Rate of pay.
(c) Vehicle mileage.
(d) Mileage rate.
(e) Meal allowance.
(f) Lodging allowance.
(g) Number of days.
(h) Inspection time.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 320 - Calculation Of Fees For Special Events, Security, Traffic Enforcement And Escort Services › Section Trans 320.06 - Formula for determining fees for utility facility project services

Current through June 24, 2024
(1) The
			 fee formula for utility facility project services shall include all of the
			 following:
(a) Duty hours.
(b) Rate of pay.
(c) Vehicle mileage.
(d) Mileage rate.
(e) Meal allowance.
(f) Lodging allowance.
(g) Number of days.
(h) Inspection time.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 325 - Motor Carrier Safety Regulations › Section Trans 325.02 - Federal rules adopted

Current through June 24, 2024
The following federal motor carrier safety regulations adopted
				by the United States department of transportation are adopted by the department
				and shall be enforced in relation to those carriers, drivers or vehicles to
				which these rules apply in the same manner as though the regulations were set
				out in full in this chapter:
(1) Title
			 49, Code of Federal Regulations, part 390, federal motor carrier safety
			 regulations - general;
(2) Title
			 49, Code of Federal Regulations, part 391, qualifications of drivers;
(3) Title 49, Code of Federal Regulations,
			 part 392, driving of motor vehicles;
(4) Title 49, Code of Federal Regulations,
			 part 393, parts and accessories necessary for safe operation;
(5) Title 49, Code of Federal Regulations,
			 part 395, hours of service of drivers;
(6) Title 49, Code of Federal Regulations,
			 part 396, inspection, repair and maintenance.
(7) Title 49, Code of Federal Regulations,
			 part 397, transportation of hazardous materials; driving and parking
			 rules.
(7g) Title 49, Code of
			 Federal Regulations, part 385, subpart C, certification of safety auditors,
			 safety investigators and safety inspectors.
(7r) Title 49, Code of Federal Regulations,
			 part 387, as it pertains to the financial responsibility requirements
			 applicable to commercial motor vehicles that are subject to the provisions of
			 392.9a.
(8) Every traffic officer
			 and state patrol inspector employed under the authority of s.
			 110.07,
			 Stats., is authorized to declare vehicles and drivers out-of-service in
			 accordance with the North American standard out-of-service criteria.
The North American Standard Out-of-Service Criteria is on
				  file with the Legislative Reference Bureau and the Department of
				  Transportation, Division of State Patrol. Copies may be obtained by writing to
				  the Division of State Patrol, P. O. Box 7912, Madison, WI 53707-7912, or to the
				  Commercial Vehicle Safety Alliance, 1101 17th Street, NW, Suite 803,
				  Washington, DC 20036, or by calling 202-775-1623. You may also request copies
				  via their website at
www.cvsa.org
.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 325 - Motor Carrier Safety Regulations › Section Trans 325.05 - Enforcement

Current through June 24, 2024
(1) The provisions of s.
			 Trans 325.02(4) and
			 (6) (Title 49, Code of Federal Regulations,
			 parts 393 and 396) shall be enforced under the provisions of s.
			 110.075,
			 Stats.
(2) The provisions of s.
			 Trans 325.02(2), (3), (5)
			 and (7), (Title 49, Code of Federal
			 Regulations, parts 391, 392, 395 and 397) shall be enforced under the
			 provisions of ch. 194, Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 325 - Motor Carrier Safety Regulations › Section Trans 325.15 - Copies of rules

Current through June 24, 2024
The department shall advise carriers upon request as to where
				copies of the federal rules adopted in this chapter may be
				obtained.
Federal motor regulations may also be obtained through the
				  Internet via:
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.asp
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 326 - Motor carrier safety requirements for transportation of hazardous materials › Section Trans 326.01 - Federal rules adopted

Current through June 24, 2024
The following federal motor carrier safety regulations adopted
				by the United States department of transportation are adopted by the department
				and shall be enforced in relation to those carriers, drivers or vehicles to
				which these federal rules apply in the same manner as though the regulations
				were set out in full in this chapter:
(1) Title 49, Code of Federal Regulations,
			 part 107, hazardous materials program procedures.
(2) Title 49, Code of Federal Regulations,
			 part 171, hazardous materials regulations.
(3) Title 49, Code of Federal Regulations,
			 part 172, hazardous materials tables and hazardous materials communications
			 regulations.
(4) Title 49, Code of
			 Federal Regulations, part 173, general requirements for shipments and
			 packagings.
(5) Title 49, Code of
			 Federal Regulations, part 177, carriage by public highway.
(6) Title 49, Code of Federal Regulations,
			 part 178, shipping container specifications.
(7) Title 49, Code of Federal Regulations,
			 part 180, qualification and maintenance of cargo tanks.
(7m) Title 49, Code of Federal Regulations,
			 part 385, subpart E, hazardous materials safety permits.
(8) Every traffic officer and state patrol
			 inspector employed under the authority of s.
			 110.07,
			 Stats., is authorized to declare vehicles and drivers out-of-service in
			 accordance with the North American standard out-of-service criteria.
The North American Standard Out-of-Service Criteria is on
				  file with the Legislative Reference Bureau and the Department of
				  Transportation, Division of State Patrol. Copies may be obtained by writing to
				  the Division of State Patrol, P. O. Box 7912, Madison, WI 53707-7912, or to the
				  Commercial Vehicle Safety Alliance, 1101 17th Street, NW, Suite 803,
				  Washington, DC 20036, or by calling 202-775-1623. You may also request copies
				  via their website at
www.cvsa.org
.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 326 - Motor carrier safety requirements for transportation of hazardous materials › Section Trans 326.07 - Exclusions

Current through June 24, 2024
(1) The provisions of s.
			 Trans
			 326.01(6) do not apply to cargo tanks
			 and portable tanks used in intrastate commerce and placed in operation prior to
			 January 1, 1986.
(2) The provisions
			 of s.
			 Trans 326.01(4), (6) and
			 (7) do not apply to a nonspecification,
			 nonbulk metal tank permanently secured to a transport vehicle and protected
			 against leakage or damage in the event of a turnover, having a capacity of less
			 than 119 gallons used by intrastate carriers in intrastate commerce only to
			 transport flammable liquid petroleum products.
(3)
(a) The
			 provisions of s.
			 Trans 326.01(3), (4), (6)
			 and (7) do not apply to the transportation of
			 agricultural products other than class 2 materials, or compressed gases, over
			 local roads other than the national interstate and defense highway system
			 between fields of the same farm by a farmer who operates as an intrastate
			 private carrier.
(b) The
			 transportation of an agricultural product to or from a farm within 150 miles of
			 the farm is excepted from the requirements in s.
			 Trans
			 326.01(3), 49 CFR part 172 subpart G,
			 emergency response information, subpart H, training requirements, and from the
			 specific packaging requirements when it is transported by a farmer who is an
			 intrastate private motor carrier and the total amount of agricultural products
			 being transported in a single vehicle does not exceed any of the following:
1. 16.094 pounds of ammonium nitrate
			 fertilizer properly classed as division 5.1 PG III in a bulk
			 packaging.
2. 502 gallons for
			 liquid or gases.
3. 5,070 pounds
			 for solids of any other agricultural product.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 326 - Motor carrier safety requirements for transportation of hazardous materials › Section Trans 326.15 - Copies of rules

Current through June 24, 2024
The department shall advise carriers upon request that copies
				of the federal regulations cited in s.
				Trans
				326.01 may be obtained by contacting the division of
				state patrol.
Federal motor regulations may also be obtained through the
				  Internet via:
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.asp
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 327 - Motor Carrier Safety - Intrastate › Section Trans 327.01 - Definitions

Current through June 24, 2024
Words and phrases defined in s.
				340.01, Stats., and 49 CFR part
				390.5 have the same meaning in this chapter. However, the definition of a word
				or phrase in s. 340.01, Stats., except s.
				340.01 (8),
				Stats., shall apply when the word or phrase is defined in both s.
				340.01, Stats., and 49 CFR part
				390.5.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 327 - Motor Carrier Safety - Intrastate › Section Trans 327.03 - Federal regulations adopted

Current through June 24, 2024
The following federal motor carrier safety regulations adopted
				by the United States department of transportation are adopted by the department
				and shall be enforced in relation to those carriers, drivers or vehicles which
				operate in intrastate commerce in the same manner as though the regulations
				were set out in full in this chapter:
(1) 49 CFR part 390 , federal motor carrier
			 safety regulations - general, except
			 49 CFR
			 390.23 (a) (3);
(2)
(a) 49
			 CFR part 391 , qualifications of drivers, except:
1.
										49 CFR
			 391.11 (b) (1).
2.
										49 CFR
			 391.41 (b) (10), if a driver
			 who does not meet the vision standards provides documentation from a licensed
			 vision specialist that the driver does not have progressive eye disease; that
			 the driver's vision in the best eye, corrected or uncorrected, is at least
			 20/40 (Snellen); and that the driver has a minimum of 70-degree visual field
			 from the center of at least one eye. The documentation shall be accompanied by
			 a statement from the specialist indicating that the driver's vision is not
			 likely to cause a loss of ability to control or operate a commercial motor
			 vehicle. A driver may apply for an exception or waiver to drive in intrastate
			 commerce by submitting this information with the driver's
			 application.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 327 - Motor Carrier Safety - Intrastate › Section Trans 327.07 - Enforcement

Current through June 24, 2024
(1) The provisions of s.
			 Trans 327.03 (4) and
			 (5) shall be enforced under the provisions of
			 ch. 110, Stats.
(2) The provisions
			 of s.
			 Trans 327.03 (1), (2),
			 (3), (6), (8), and (10) shall be enforced
			 under the provisions of ch. 194, Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 327 - Motor Carrier Safety - Intrastate › Section Trans 327.09 - Exemptions

Current through June 24, 2024
(1) The provisions of s.
			 Trans
			 327.03 do not apply to a driver of a school bus when
			 the school bus is being used for authorized educational or extracurricular
			 school-related activities.
Note:
This section preserves exemptions authorized
				by 49 CFR
				350.305(b)(2) that were in
				effect on March 31, 1988, for school bus drivers engaged in intrastate
				operations for authorized educational or extracurricular school-related
				activities.
(2) The
			 provisions of s.
			 Trans 327.03
			 (2) do not apply to the following:
(a) Drivers who operate motor vehicles which
			 have a manufacturers' gross vehicle weight rating equal to or less than 26,000
			 pounds, except that this provision does not apply to vehicles transporting
			 hazardous materials requiring placarding or vehicles transporting 16 or more
			 passengers including the driver.
(b) Drivers who have met state medical
			 qualifications and have been issued a valid Wisconsin commercial driver's
			 license, or CDL, prior to July 29, 1996, which has not been revoked, and who
			 continue to meet state medical requirements as found in ch. Trans
			 112.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 327 - Motor Carrier Safety - Intrastate › Section Trans 327.13 - Copies of federal regulations

Current through June 24, 2024
The department shall advise carriers upon request that copies
				of the federal regulations cited in s.
				Trans
				327.03 may be obtained by contacting the division of
				state patrol, Wisconsin department of transportation.
Federal motor regulations may also be obtained through the
				  Internet via:
http://www.fmcsa.dot.gov
.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 327 - Motor Carrier Safety - Intrastate › Section Trans 327.14 - Medical certification requirements as part of the commercial driver license

Current through June 24, 2024
(1)
			 PURPOSE. As authorized by ss.
			 343.02(1),
			 343.06(3), and
			 343.065(3),
			 Stats., this section establishes the processes for a CDL holder to certify the
			 appropriate type of driving in accordance with
			 49 CFR
			 383.71 (2012) and to provide any federal
			 medical certificate required by
			 49 CFR
			 391.45, and for the department to downgrade
			 the CDL of any person who does not make that certification or who does not
			 provide or maintain in effect a medical certificate as required by
			 49 CFR
			 383.73. This section also establishes the
			 process for reinstating a downgraded commercial driver license.
(2) DEFINITIONS. In this section:
(a) "CDL" means a commercial driver
			 license.
(b) "Commercial learner's
			 permit" means a permit issued to an individual by this state or other
			 jurisdiction that, when carried with a valid driver's license issued by the
			 same jurisdiction, authorizes the individual to operate a class of a commercial
			 motor vehicle when accompanied by a holder of a valid CDL for purposes of
			 behind-the-wheel training. When issued to a CDL holder, a commercial learner's
			 permit serves as authorization for accompanied behind-the-wheel training in a
			 commercial motor vehicle for which the holder's current CDL is not
			 valid.
(c) Downgrade" means to
			 remove a person's privilege to operate commercial motor vehicles from a
			 person's CDL by indicating on the person's driving record that all commercial
			 vehicle classes and endorsements, other than an "H" endorsement, are
			 voluntarily surrendered. "Downgrade" with respect to an "H" endorsement means
			 suspension of the "H" endorsement.
(d) "Driving record" means the record under
			 s. 343.23(2) (a),
			 Stats.
(e) "H' endorsement" means
			 the hazardous materials endorsement described in s.
			 343.17(3) (d)
			 1m, Stats.
(f) "Medical certificate" means a completed,
			 unexpired medical examiner's certificate is sued in accordance with
			 49 CFR
			 391.43 (2012), on a form approved by the
			 department, stating that the person is physically qualified under
			 49 CFR
			 391.41 (2012) to drive a commercial motor
			 vehicle, together with any medical variance described in
			 49 CFR
			 390.5 and required under
			 49 CFR
			 383.73(o) (2012).
(g) "Tier 1 driver" means a person who
			 certifies as Tier 1 under sub. (3) (b) 1.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.01 - Purpose and scope

Current through June 24, 2024
(1) As authorized by ss.
			 110.063
			 and
			 110.064(1)
			 (b), Stats., the purpose of this chapter is
			 to establish the department's administrative interpretation of ss.
			 110.063
			 and
			 110.064,
			 Stats., relating to promoting the safe transportation of individuals in motor
			 buses by providing safety standards for motor bus design, construction,
			 equipment and operation, and providing for annual safety inspections of motor
			 buses.
(2) This chapter applies to
			 any motor bus that is required to be registered in this state or for which this
			 state issues the base registration or is the base jurisdiction. Requirements
			 under this chapter are in addition to requirements that affect a motor bus
			 under chs. Trans 325 and 327.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.02 - Definitions

Current through June 24, 2024
In this chapter, words and phrases have the same meanings set
				forth in s.
				340.01,
				Stats. In addition, in this chapter:
(1) "Department" means the department of
			 transportation.
(2) "Driver's
			 compartment" means the area forward of the rearmost portion of the driver's
			 seat across the entire width of the bus.
(3) "Secretary" means the secretary of the
			 department of transportation.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.03 - Federal regulations adopted

Current through June 24, 2024
The federal regulations in title 49, Code of Federal
				Regulations, part 393, parts and accessories necessary for safe operation, and
				part 571, motor vehicle safety standards, adopted by the United States
				department of transportation are adopted by the department and shall be
				enforced in relation to a motor bus under this chapter as though the
				regulations were set out in full in this chapter.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.04 - Maintenance and maintenance records

Current through June 24, 2024
(1) The owner or
			 lessee of a motor bus shall systematically inspect, repair and maintain any
			 motor bus subject to his or her control so that the parts and accessories of
			 the motor bus are in safe and proper operating condition at all times. Any
			 pushout windows, emergency doors and emergency door marking lights shall be
			 inspected at least every 90 days.
(2) The owner or lessee of a motor bus shall
			 keep a maintenance record file for each motor bus. The maintenance record file
			 shall be kept at the principal repair facility used for the motor bus. If the
			 motor bus owner or lessee does not operate a repair facility, the maintenance
			 record file shall be kept current at another location accessible for
			 inspection. The maintenance record file shall be maintained for the operating
			 life of the motor bus. The owner or lessee shall maintain the maintenance
			 record file for 6 months after the motor bus leaves his or her control. The
			 maintenance record file shall contain all the following:
(a) Identification of the motor bus,
			 including make, model, vehicle identification number, and fleet number, if
			 any.
(b) A record of repairs
			 performed, including the date and nature of repair.
(c) A record of the lubrication and
			 preventive maintenance performed, including date and nature of
			 maintenance.
(d) A record of tests
			 conducted on any pushout windows, emergency doors and emergency door marking
			 lights.
(e) A copy of all records
			 of inspection performed by the department or an urban mass transit system under
			 s. Trans 330.21.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.05 - Driver requirements

Current through June 24, 2024
The driver may not permit the transportation of any article
				within the body of the motor bus that would interfere with passengers or with
				the safe operation of the motor bus. The driver may not permit any article to
				obstruct the aisle, stepwell or steps. This section does not apply to a dog
				trained to lead blind or deaf persons or to provide support for
				mobility-impaired persons under s.
				106.52(3)
				(am), Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.06 - Out of service

Current through June 24, 2024
(1) If upon inspection under this chapter or
			 pursuant to s.
			 110.075,
			 Stats., the department finds that a motor bus is in such poor condition that it
			 is unsafe for passenger transportation, the department shall attach an
			 out-of-service sticker to the lower right corner of the windshield. The vehicle
			 may not be used as a motor bus while the sticker is displayed.
(2) The department shall remove the
			 out-of-service sticker only after reinspecting the motor bus and determining
			 that the unsafe condition has been corrected.
(3) No person other than an agent of the
			 department may remove, conceal or obstruct an out-of-service sticker unless the
			 motor bus registration of the vehicle is cancelled and the vehicle is
			 re-registered in a manner that prohibits its use as a motor bus.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.07 - Converted school bus

Current through June 24, 2024
(1) If a motor bus originally manufactured or
			 otherwise equipped as a school bus is converted to use as a motor bus as
			 provided in s.
			 347.44(4),
			 Stats., and s.
			 Trans
			 300.19, it shall comply with the equipment standards
			 of this chapter, and the following equipment standards for a school bus under
			 s. Trans 300:
(a) Construction in s.
			 Trans
			 300.35(1) to (4).
(b) Emergency exits in s.
			 Trans
			 300.39(6) and (7).
(c) Fuel tank and fuel system integrity in s.
			 Trans
			 300.46.
(d) Rub rails in s.
			 Trans
			 300.58.
(e) Service door in s.
			 Trans
			 300.60(4).
(f) Windows in s.
			 Trans
			 300.69(3).
(g) Wheelchair fasteners in s.
			 Trans
			 300.77.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.11 - Retrofitting, replacement equipment and modifications

Current through June 24, 2024
Except as provided under s.
				Trans
				330.10(19), a motor bus is not
				required to be retrofitted in order to comply with s.
				Trans
				330.10 if the motor bus was manufactured and equipped
				in accordance with the applicable regulations under 49 CFR 393 and 571 and is
				maintained according to the manufacturer's specifications. All replacement
				equipment and modifications of a motor bus shall meet the applicable
				requirements and standards under 49 CFR 393 and 571 and this
				chapter.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.14 - Federal motor vehicle safety standards

Current through June 24, 2024
(1) This chapter is
			 not intended to establish any safety standard for an item of equipment or for
			 an element of design or construction that is not identical to the applicable
			 federal motor vehicle safety standard under 49 CFR 571.
Note: Under 15 USC 1392(d), states and their subdivisions are
				prohibited from establishing motor vehicle safety standards. Those standards
				are specified in 49 CFR 571. That prohibition does not apply to the federal
				motor carrier safety regulations under 49 CFR 390 to 399.
(2) Nothing in this chapter is intended to
			 allow any person to knowingly render inoperative, in whole or in part, any
			 device or element of design installed on or in a motor bus or any item of
			 equipment required for compliance with an applicable federal motor vehicle
			 standard.
Under 49 USC 1397(a) (2) (A), such acts are
				  prohibited.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.20 - Inspection by department

Current through June 24, 2024
(1) Except as
			 provided in s.
			 Trans
			 330.21, at least annually, the owner, lessee or
			 operator shall present at the time and place designated by the department each
			 motor bus required to be inspected. The department may, at its option, inspect
			 a motor bus at the owner's or lessee's place of business. The department shall
			 issue a certificate of inspection decal for a motor bus that passes an annual
			 inspection under this section.
(2)
			 Upon request of the owner or lessee, the department shall inspect a motor bus
			 at an interval of 6 months following the date of its annual inspection under
			 sub. (1). The department shall provide the owner or lessee of a motor bus that
			 passes an inspection under this subsection with a copy of the record of that
			 inspection showing the date the inspection was performed.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.21 - Urban mass transit system self inspection

Current through June 24, 2024
(1) A motor bus
			 operated by an urban mass transit system, as defined in s.
			 85.20(1)
			 (L), Stats., is exempt from the requirement
			 of annual inspection by the department if all of the following conditions are
			 satisfied:
(a) The urban mass transit system
			 inspects the motor bus at least annually for compliance with the equipment
			 standards and requirements under s.
			 Trans
			 330.10.
(b) The inspection is performed by a person
			 who is qualified as provided in s.
			 Trans
			 330.22.
(c) The inspection is performed as specified
			 in the inspection form prescribed by the department.
(d) Upon completion of the inspection, the
			 urban mass transit system submits a copy of the record of inspection of the
			 motor bus to the department. The record of inspection shall be on the
			 inspection form prescribed by the department.
(e) The urban mass transit system complies
			 with all of the maintenance record requirements of s.
			 Trans
			 330.04.
(f) The department reviews the records of
			 inspection submitted by the urban mass transit system and determines that the
			 motor bus inspected by the urban mass transit system is in compliance with this
			 chapter.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.22 - Qualifications for inspectors

Current through June 24, 2024
To qualify to perform the inspection under s.
				Trans
				330.20 or
				330.21, a person must meet all of
				the following requirements:
(1)
			 Understand the inspection criteria for a motor bus under this
			 chapter.
(2) Be knowledgeable about
			 and have mastered the methods, procedures, tools and equipment used when
			 performing an inspection.
(3) Be
			 capable of performing an inspection by reason of experience or training or both
			 as follows:
(a) Have successfully completed a
			 state or federal-sponsored training program or have a certificate from a state
			 or Canadian province which qualifies the person to perform commercial motor
			 vehicle safety inspections.
(b)
			 Have training or experience or both totaling at least one year consisting of
			 any of the following:
1. Participation in a
			 motor bus manufacturer-sponsored training program or similar commercial
			 training program designed to train students in motor bus operation and
			 maintenance.
2. Experience as a
			 motor bus mechanic or inspector in a motor carrier maintenance
			 program.
3. Experience as a
			 mechanic or inspector in motor bus maintenance at a commercial garage, fleet
			 leasing company or similar facility.
4. Experience as a commercial motor vehicle
			 inspector for a state, provincial or federal agency.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.24 - Inspection certifications

Current through June 24, 2024
(1) Beginning on
			 January 1, 1992, a motor bus subject to annual inspection by the department
			 under s.
			 Trans
			 330.20 may not be operated on any highway unless it
			 displays on the body of the motor bus, as close as practicable to the lower
			 right-hand corner of the windshield, an unexpired certificate of inspection
			 decal issued by the department. The department shall issue a certificate of
			 inspection decal for a motor bus only after determining by inspection that the
			 motor bus is in compliance with this chapter.
(2) Beginning on January 1, 1992, a motor bus
			 that is exempt from annual inspection by the department under s.
			 110.063(2),
			 Stats., and s.
			 Trans
			 330.21 may not be operated on any highway unless a
			 copy of its most recent record of inspection under s.
			 Trans
			 330.21 is carried on the motor bus and indicates that
			 the inspection was performed within the preceding 12 months and that the motor
			 bus was in compliance with this chapter at the time of inspection. If the motor
			 bus was inspected by the department under s.
			 Trans
			 330.21(4) and displays an unexpired
			 certificate of inspection decal as specified in sub. (1), the record of
			 inspection need not be carried on the motor bus.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 330 - Motor Bus Equipment And Inspection › Section Trans 330.25 - Enforcement

Current through June 24, 2024
(1) This chapter shall be enforced under the
			 applicable provisions of ss.
			 110.063,
			 110.064,
			 110.07
			 and
			 110.075,
			 Stats.
(2) The enforcement policy
			 of the department shall consider the age, condition, and equipment of motor
			 buses before granting approval for their continued use. The department may not
			 permit the use of any motor bus for transportation purposes if the department
			 finds it unsafe or unfit for service.
(3) In construing and enforcing the
			 provisions of this chapter, the act, omission or failure of any officer,
			 employee, agent, servant or other person acting for or employed by the
			 registered owner or the lessee of the bus, whoever has control, done within the
			 scope of employment or on behalf of the registered owner or lessee, is deemed
			 to be the act, omission or failure of the registered owner or lessee. This
			 subsection does not apply to violations of ch. 346, Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.01 - Authority

Current through June 24, 2024
(1) This chapter is promulgated under the
			 authority of ss.
			 1.11,
			 85.16(1)
			 and
			 227.11(2),
			 Stats.
(2) As specified in s.
			 227.01(13) (d), (e) and
			 (y), Stats., the definition of "rule" and the
			 requirement to promulgate statements of general policy and interpretation of
			 statutes as administrative rules do not apply to action or inaction of the
			 department which relates to the use of highways and is made known by signs or
			 signals, relates to the construction or maintenance of highways or bridges,
			 except as provided in ss.
			 84.11(1r)
			 and
			 85.025,
			 Stats., or prescribes measures to minimize the adverse environmental impact of
			 bridge and highway construction and maintenance.
(3) As specified in ss.
			 20.395(9)
			 (qx),
			 84.01(15),
			 84.015
			 and
			 84.03(1),
			 Stats., the department is directed to construct and maintain highways and
			 related projects within the meaning of title 23, United States Code, and all
			 acts amendatory and supplementary thereto, and the federal regulations issued
			 under that code, as well as to receive and expend all funds in accordance with
			 the requirements of acts of congress making such funds available.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.02 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement the Wisconsin
				environmental policy act, s.
				1.11,
				Stats., by establishing the policy by which the department will consider
				environmental effects of its major actions on the quality of the human
				environment, by identifying actions under the jurisdiction of the department
				that have the potential to affect the quality of the human environment, by
				determining the appropriate environmental analysis and documentation necessary
				for each action, by ensuring an opportunity for public participation in the
				process, and by establishing procedures by which the department will consider
				the effects of its actions on the quality of the human
				environment.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.03 - Applicability

Current through June 24, 2024
(1) The provisions of this chapter shall
			 apply to all department actions which may affect the quality of the human
			 environment.
(2) Where another
			 state or federal agency has concurrent responsibility with the department for a
			 proposed EA action, a joint environmental assessment, or EA, may be prepared
			 with the other agency if the EA meets the requirements of this chapter. The
			 department shall make an independent judgment on the need for an environmental
			 impact statement, or EIS, in accordance with this chapter.
(3) Where a proposed action involves another
			 state or federal agency approval or decision, and it has been determined that
			 an EIS shall be prepared in accordance with NEPA or WEPA, the WEPA requirement
			 for an EIS under this chapter may be waived if:
(a) A joint EIS is prepared; or
(b) After review of the other state or
			 federal EIS by the department, it appears that the requirements as to content
			 of the EIS prescribed in s.
			 1.11,
			 Stats., and this chapter have been met, and the EIS was developed and prepared
			 through appropriate participation by the department with the other agencies in
			 a coordinated effort to satisfy the requirement of NEPA and WEPA.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.05 - Federal regulations adopted

Current through June 24, 2024
References throughout this chapter to federal regulations and
				orders are hereby adopted by the department and are attached hereto in appendix
				1:
				23 CFR
				771.115,
				771.116,
				771.117,
				and
				771.118,
				April 1, 2015;
				40 CFR 1500.4,
				1500.5,
				1506.8,
				and
				1508.4,
				July l, 2015;
				49 CFR
				266.19, October 1, 2014; and the United
				States department of transportation federal aviation administration order
				5050.4B, chapters 6, 7, and 9, April 28, 2006.
The "urban mass transit administration" has been renamed the
				  "federal transit administration," but the federal rule text has not yet been
				  changed.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.06 - Policy

Current through June 24, 2024
(1) The department shall strive to protect
			 and enhance the quality of the human environment in carrying out its basic
			 transportation mission and shall consider pertinent environmental factors
			 consequential to any proposed actions. The policy expressed in this section and
			 the procedures defined in this chapter shall be implemented as an integrated
			 process beginning during the initial planning stage for department
			 action.
(2) The department
			 acknowledges WEPA as a legal obligation shared by all divisions of the
			 department to evaluate and be aware of environmental consequences of proposed
			 actions.
(3) Alternative courses of
			 action shall be evaluated and decisions on proposed actions shall be made in
			 the best overall public interest consistent with state and federal statutes and
			 regulations. Decisions on proposed actions shall be based upon a balanced
			 consideration of the findings of the environmental document, public comments,
			 and the need for safe and efficient transportation consistent with local, state
			 and national environmental goals.
(4) Public involvement, interagency
			 coordination and consultation, and a systematic interdisciplinary approach to
			 analysis of the issues shall be essential parts of the environmental process
			 for proposed actions.
(5) Measures
			 necessary for the mitigation of adverse environmental impacts of proposed
			 actions shall be part of the development and evaluation of
			 alternatives.
(6) The department
			 shall implement procedures to make the WEPA process more useful to decision
			 makers and the public by reducing paperwork and reducing delay utilizing the
			 means for achieving these goals as specified in the rules of the United States
			 council on environmental quality at
			 40 CFR 1500.4
			 and
			 1500.5, which are
			 attached hereto in appendix 1. Environmental documents shall be concise, clear,
			 and to the point and emphasize real environmental issues and
			 alternatives.
(7) In carrying out
			 its responsibility under s.
			 1.11,
			 Stats., the department shall substantially follow the guidelines issued as
			 rules by the United States council on environmental quality and federal
			 transportation agencies.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.07 - Action designation and environmental documentation

Current through June 24, 2024
(1) The
			 designations, EIS and CE shall be used to categorize department actions.
			 Actions designated EIS actions shall be considered major actions, and actions
			 designated CE shall be considered categorical exclusions. An EA and an ER
			 describe procedures to be followed to categorize department actions. The EA
			 process yields a determination whether an action requires an EIS or a finding
			 of no significant impact. The ER process confirms whether an action falls
			 within a categorical exclusion or requires further evaluation and
			 documentation.
(2) Actions and
			 procedures designated EIS, EA or ER shall require the following environmental
			 documentation:
(a)
EIS or
			 LEIS.
An EIS action is a major action. An LEIS may be prepared for a
			 major and significant new proposal.
1. An
			 environmental impact statement, or EIS, shall be prepared for major
			 actions.
2. A legislative
			 environmental impact, or LEIS, may be prepared when a major and significant new
			 proposal consists of a report or recommendation of the department on a proposal
			 for legislation initiated by the department that is not within the scope of any
			 categorical exclusion.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.08 - Categorization of department actions

Current through June 24, 2024
(1) Based on federal
			 regulations and past experience with analysis of similar actions the following
			 are categorized as EIS, EA, ER or CE:
(a)
EIS - Environmental Impact Statement.
The following are
			 examples of department major actions that normally require the preparation of
			 an environmental impact statement:
1.
			 `Highways and transit.'
a. Construction of a
			 new controlled access freeway.
b.
			 Construction of a new highway project of 4 or more lanes on a new
			 location.
c. Construction or
			 extension of a fixed transit facility, such as rapid rail, light rail, commuter
			 rail, or bus rapid transit that will not be located within an existing
			 transportation right-of-way.
d. New
			 construction or extension of a separate roadway for buses or high occupancy
			 vehicles not located within an existing highway facility.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.09 - Scoping

Current through June 24, 2024
(1) As part of system plan development
			 process, the department may perform SEE scoping. This scoping is to identify
			 the issues to be addressed, alternatives to be analyzed, and the affected
			 public or agencies involved in the system plan development. No scoping is
			 required for reports or recommendations on proposals for legislation, LEIS's,
			 or ER or CE actions.
(2) For
			 actions requiring an EIS or EA procedures, the department shall determine by
			 means of scoping, insofar as possible at the time that a proposed action is
			 approved for planning, development or implementation, the probable action
			 designation, environmental review and agency coordination that will be
			 required. If a decision to prepare an EIS is made, the department shall inform
			 the public and affected agencies by publishing a notice of intent in the
			 Wisconsin administrative register and a local newspaper of general circulation.
			 The notice of intent shall include:
(a) A
			 statement that an EIS will be prepared.
(b) A brief description of the proposed
			 action.
(c) A preliminary list of
			 possible alternatives.
(d) A brief
			 discussion of the proposed scoping process.
(e) Names and addresses of the contact
			 persons at the federal and state review agencies.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.10 - Preparation and content of environmental documents

Current through June 24, 2024
(1) PREPARATION. The
			 environmental documents shall be prepared by one of the following:
(a) The department.
(b) Local units of government under the
			 direction of the department and with final review and approval responsibility
			 by the department.
(c) A consultant
			 under the direction of the department and with final review and approval
			 responsibility by the department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.11 - Distribution and review of environmental documents

Current through June 24, 2024
(1) SEE.
(a)
Public availability of
			 SEE.
When required, a SEE shall be prepared as an integral element of
			 system plans. The system plan and SEE shall be made available for public
			 inspection at the department's central office, appropriate department region
			 offices, and depository libraries.
(b)
Notice of availability of a
			 SEE.
A notice of availability of a system plan and its SEE shall be
			 published as provided in sub. (8).
(c)
Public hearing.
A public
			 hearing on a system plan and its SEE shall be held by the department, except
			 there is no requirement for a two-step, draft and final SEE because the
			 planning process contemplates that if the plan recommendations are implemented,
			 there will be subsequent project or site-specific environmental
			 reviews.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.12 - Public hearings

Current through June 24, 2024
(1) PUBLIC HEARING ON SEE. The department
			 shall hold a public hearing on a system plan and its SEE no sooner than 15 days
			 after its notice of public hearing. The public hearing shall be held after
			 announcement of the public hearing and the identity of the system plan and its
			 SEE shall be referenced in the public hearing announcement.
(2) NO PUBLIC HEARING ON LEIS. As provided in
			 s.
			 1.11(2)
			 (d), Stats., no public hearing is required on
			 environmental impact statements on reports or recommendations on proposals for
			 legislation.
(3) PUBLIC HEARING ON
			 DEIS.
(a) Whenever a proposed action requires
			 an EIS, the department shall hold a public hearing on the DEIS no sooner than
			 15 days after its notice of availability is published. The hearing shall be
			 held prior to the selection of the final course of action for the proposal, or
			 the department may present a preferred alternative.
(b) A notice of public hearing shall be
			 published, at least 15 days prior to the hearing, in the appropriate official
			 local newspaper or in a newspaper of general circulation within the area
			 affected by the proposed action. If the proposed action is of statewide
			 interest, such notice shall also be published in the official state newspaper
			 and any other newspapers as appropriate to obtain comprehensive coverage.
			 Copies of the notice shall be mailed to appropriate local, state and federal
			 agencies and to others having an interest in the proceedings of the proposed
			 action. The notice of public hearing shall include:
1. Identification of the DEIS.
2. Date, time and place of the
			 hearing.
3. A brief description of
			 the proposed action.
4. A brief
			 description of the scope and purpose of the hearing.
5. The address to which questions may be sent
			 prior to the hearing and locations where additional information may be
			 obtained.
6. Provision for
			 submitting written statements in place of, or in addition to, testimony
			 presented at the public hearing.
7.
			 The locations where the DEIS may be obtained or reviewed.
(c) The public hearing may be combined with
			 other hearings and notices of hearings required for departmental actions,
			 provided the requirements under pars. (a) and (b) are met.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.13 - Decision on proposed action

Current through June 24, 2024
(1) FEIS; RECORD OF
			 DECISION.
(am) The department shall develop a
			 single document that consists of a combined FEIS/ROD, unless any of the
			 following applies:
1. The FEIS makes
			 substantial changes to the proposed action that are relevant to environmental
			 or safety concerns.
2. There are
			 significant new circumstances or information relevant to environmental concerns
			 and that bear on the proposed action or the impacts of the proposed action.