CR_10-040 Hearing to consider rules to revise Ch. Trans 101, relating to the demerit point system and graduated driver license restriction extensions.

Firearm deer hunters who hold Class A or C permits for hunters with disabilities can currently harvest deer of either sex. So that archery hunting regulations are consistent with firearm deer hunting regulations, Class A and C archery hunters would also continue to be able to harvest an antlerless deer with their (non-herd control) archery antlerless deer carcass tag in any unit statewide, including units with no antlerless deer quota.

Related statute or rule

There are no state rules or statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.

Comparison with federal regulations

These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies.

Comparison with rules in adjacent states

These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state's resources and public desires.

Factual data and analytical methodologies

The harvest of antlerless deer is managed by the department in order to achieve overwinter goals established in NR 10.104 Wis. Admin. Code. In management units where the deer population is below goal, the department may restrict antlerless deer harvest or establish an antlerless quota of zero. When the quota is zero in a unit, most firearm deer hunters may not harvest antlerless deer. Only archers, first year hunter safety graduates, and disabled permit holders are allowed to harvest antlerless deer when no quota has been established.

Eliminating archery hunter's ability to harvest antlerless deer in zero quota units would make regulations more consistent between the firearm and archery seasons.

Anticipated private sector costs

These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.

Small Business Impact

These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule.

Pursuant to s. 227.114 , Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Analysis

The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Fiscal Estimate

The fiscal estimate may be reviewed at the following Internet site: http://adminrules.wisconsin.gov . A personal copy of the fiscal estimate may be obtained from Mr. Loomans, listed below.

Agency Contact Person

Scott Loomans

101 South Webster Street

PO Box 7921

Madison, WI 53707-7921

Phone: [phone]

Email: [e-mail]

Notice of Hearing

Transportation

CR 10-040

NOTICE IS HEREBY GIVEN that pursuant to ss. 343.085 (2m) (b) 1. a. and 343.32 (2) , Stats., the Department of Transportation will hold a public hearing to consider the amendment of Chapter Trans 101 , Wis. Adm. Code, relating to demerit point system and graduated driver license restriction extensions.

Hearing Information

Date and Time	Location
May 20, 2010 at 10:00 a.m.	Hill Farms State Transportation Bldg. Room 394 4802 Sheboygan Avenue Madison, WI

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Reed McGinn at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate your needs.

Submittal of Written Comments

The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Reed McGinn, Department of Transportation, Division of Motor Vehicles, Citations and Withdrawal Section, Room 305, P. O. Box 7917, Madison, WI 53707-7917.

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website:
http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm .

Copies of Proposed Rule

A copy of the rule may be obtained upon request from Reed McGinn, Department of Transportation, Division of Motor Vehicles, Citations and Withdrawal Section, Room 305, P. O. Box 7917, Madison, WI 53707-7917. You may also contact Mr. McGinn by phone at [phone] or via e-mail: [e-mail] to obtain copies of the proposed rule. Copies will also be available at the hearing.

Analysis Prepared by the Wisconsin Department of Transportation

Statutes interpreted

Section 343.32 , Stats.

Statutory authority

Proposed Amendment #1: Section 343.085 (2m) (b) 1. a. , Stats.

Proposed Amendment #2: Section 343.32 (2) , Stats.

Explanation of agency authority

Section 343.32 (2) (a) , Stats., permits the Secretary to suspend a person's operating privilege if the person appears by the records of the Department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under ch. 349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in chs. 341 to 348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law. The Department has used a demerit point system to accomplish this end since 1958. The statute permits the Secretary adopt by rule a method of weighing traffic convictions by their seriousness and allows the Secretary to change that weighted scale "as experience or the accident frequency in the state makes necessary or desirable," though much flexibility in the system has been eliminated over the years by statutory amendment mandating specific assignment of demerit points, suspension of operating privileges at specific point levels and doubling of demerit point assessments for probationary drivers.

Related statute or rule

Section 343.085 (2m) (b) 1. a. , Stats. Only moving violations affect GDL restrictions.

Plain language analysis

The proposed rule makes the following changes to Wisconsin's demerit point system:

•   For consistency with GDL restrictions and for administrative efficiency, amend ch. Trans 101 to eliminate demerit point repercussions for all parking offenses. Currently, DMV attempts to distinguish between parking offenses committed on and off highway roadways. Because the traffic code does not make such distinctions, DMV wastes resources trying to figure this out from extraneous information sources. Moreover, savvy defendants convince prosecutors and courts to "change the facts" in exchange for plea agreements.

In addition, GDL restrictions cannot be extended for parking violations; Wis. Stat. s. 343.085(2m)(b)1.a. permits GDL extension only for "moving violations." Because DMV generally extends GDL restrictions for any offense that generates demerit points, the few parking offenses for which DMV assesses demerit points at present should be changed to non-point offenses.

•   Permit demerit points assessed for serious traffic offenses that trigger suspensions of occupational licenses to be used in demerit point cases and potentially trigger a demerit point suspension in addition to the occupational license suspension.

In general, DMV's rule currently attempts to use a violation in only one suspension or revocation case affecting the driver's operating privilege. Persons who commit serious traffic offenses on an occupational license can have than temporary occupational license suspended. Often, the occupational license is only valid for a short period of time, so any suspension or revocation of that temporary license is of negligible deterrent value. This rule proposes to allow the demerit point repercussions from committing an offense that results in an occupational license suspension or revocation to carry over and affect the person's regular operating privilege demerit point total.

Comparison with federal regulations

Driver improvement programs are state functions. There is no federal regulation in this area.

Comparison with rules in adjacent states

Michigan:

Michigan does not assess demerit points for parking violations. Six or more unpaid parking tickets have zero demerit points. Michigan does not appear to distinguish between parking on and off of a highway.

Minnesota:

Minnesota law permits the state DOT to mask parking violations committed by CMV operators.

  171.163 COMMERCIAL DRIVER'S LICENSE RECORD KEEPING.

  An agency, court, or public official in Minnesota shall not mask, defer imposition of judgment for, or allow an individual to enter into a diversion program that would prevent a conviction for a violation of a state or local traffic control law, except a parking violation , from appearing on the driving record of a holder of a commercial driver's license, when the violation is committed in any type of motor vehicle, or on the driving record of an individual who committed the violation in a commercial motor vehicle.

Under MN GDL law, parking is not a "moving violation,"

  171.04 PERSONS NOT ELIGIBLE FOR DRIVERS' LICENSES.

  Subdivision 1. Persons not eligible. The department shall not issue a driver's license:

  (1) to any person under 18 years unless:

  (i) the applicant is 16 or 17 years of age and has … not more than one conviction for a moving violation that is not crash related. "Moving violation" means a violation of a traffic regulation but does not include a parking violation, vehicle equipment violation, or warning citation;

Parking violations are not reported to the MN DOT:

  171.16 COURT MAY RECOMMEND SUSPENSION.

  Subdivision 1. Court to report to commissioner. Every court having jurisdiction over offenses committed under any law of this state or ordinance of a political subdivision regulating the operation of motor vehicles, shall forward to the department, within ten days, a record of the conviction of any person in the court for a violation of any laws or ordinances, except parking violations and defective vehicle equipment or vehicle size or weight violations.

Illinois:

Demerit points are not assessed to parking violations and are not considered a moving violation. Parking violations do not appear on the driving record.

Iowa:

Parking violations are not countable offenses for demerit points. Improper parking on highway is not considered a moving violation (321.354(2)).

Factual data and analytical methodologies

This rule is proposed simply to bring DOT's administrative rule into compliance with statutory requirements. The analytical methodology consisted of reviewing the statutes described and DOT's current administrative rule, noting the inconsistency, and drafting the rule to conform to statutory requirements.

Analysis and supporting documentation used to determine effect on small businesses

This rule regulates individual behavior, not small businesses, and is proposed in order to bring DOT's existing regulations into conformity with existing statutes. Accordingly, there was no analysis or supporting documentation used. Staff simply noted that this proposal affects individual drivers and not businesses.

Anticipated costs incurred by private sector

The Department expects that there will be no fiscal impact on state or private sector revenues or liabilities.

Small Business Impact

The demerit point rule affects individual drivers and does not create or impose any regulation upon business.

Small business regulatory review coordinator

The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail] , or by calling [phone].

Fiscal Estimate

The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.

Agency Contact Person

Reed McGinn

DOT —Division of Motor Vehicles

Citations and Withdrawal Section

Room 305, P. O. Box 7917

Madison, WI 53707-7917