Section 301.05. Driver requirements.  


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  • (1)  The driver may not smoke or permit smoking aboard the HSV. The driver may not operate an HSV while under the influence of alcohol or controlled substance or permit the use of alcohol or controlled substance on the vehicle.
    (2)  The driver shall maintain order among passengers being transported. Misconduct shall be promptly reported to the proper authority. The driver may assign seating order.
    (3)  Prior to the start of any trip the driver shall check the condition of the HSV, giving particular attention to brakes, tires, lights, emergency equipment, mirrors, windows, special equipment, and interior cleanliness of the vehicle. Defects shall be reported to the person in charge of vehicle maintenance. The driver shall be responsible for the cleanliness of the interior of the vehicle. The windshield and mirrors shall be clean before each operation.
    (4)  In case of an accident or a breakdown the driver should remain with the vehicle and secure aid by means of 2-way communication.
    (5)  Passenger loading and unloading locations or points shall be selected with due regard for traffic and pedestrian safety and s. 346.475 , Stats.
    (6)  Doors shall be closed securely before starting and shall remain closed while vehicle is in motion, except as provided in sub. (12) . Abrupt starts and stops or sudden maneuvers are prohibited, except in an emergency.
    (7)  A driver may not leave the vehicle unattended with engine running or key in the ignition.
    (8)  Articles may not be transported within vehicle body if there is or may be interference with passengers or driver, or if aisle, well or steps are obstructed. Articles other than those associated with agency activity or in the personal possession of passengers may not be transported. At no time will animals, except for dogs permitted by s. 106.52 (3) (am) , Stats., for the sight or hearing impaired or other animals assisting a person with a disability, or firearms or other weapons unless accompanied by written authorization from the agency administrator be permitted on an HSV. The driver shall refuse admittance to any person not presenting proper authorization. The driver may designate where items shall be carried on the vehicle.
    (9)  Minors being transported in an HSV are prohibited from crossing the road either to be loaded or discharged. The driver shall position the vehicle in such a manner that a minor need not cross the road to be loaded or discharged from the vehicle.
    (10)  Drivers, transportation supervisors and vehicle owners shall cooperate at all times with authorized department personnel in carrying out the inspection of equipment, or examination of driver pursuant to law, or to department rules.
    (11)  No driver may require or allow any passenger to stand while the vehicle is in motion. The driver may not move or start the HSV until all passengers are seated. The driver may not permit a passenger to get up from a seated position until the HSV has come to a complete stop. The driver may not permit any passengers to sit anywhere except in seats provided. This subsection does not apply to chaperones or monitors in the performance of their duties.
    (12)  The driver of any vehicle required to stop at a railroad crossing by s. 346.45 , Stats., shall come to a full stop at a distance of not less than 15 feet nor more than 50 feet before crossing at grade any track of a railroad. The hazard warning lights shall be used when the HSV is slowing for the stop and shall remain on until the vehicle has resumed normal speed. While the vehicle is so stopped, the driver shall open the service door and listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train. After stopping and upon proceeding when it is safe to do so, the driver of such vehicle shall cross only in such gear of the vehicle as shall make it unnecessary to manually shift gears while traversing the crossing and may not shift gears while traversing the crossing. The door shall remain open until the front wheels of the HSV have cleared the first set of tracks for each required stop.
    (13)  Passengers shall comply with all orders given by drivers in carrying out the driver's responsibilities under the Wisconsin administrative code.
    (14)  The use of audio headsets by drivers is prohibited.
Cr. Register, March, 1982, No. 315 , eff. 4-1-82; am. (1), (3) and (5) to (12), cr. (14), Register, April, 1997, No. 496 , eff. 5-1-97; correction in (8) made under s. 13.92 (4) (b) 7. , Stats., Register March 2012 No. 675 .