Section 301.96. Enforcement.

 

(1)  The enforcement policy of the department shall consider the age, condition and equipment of HSVs before granting approval for their continued use. The department may not permit the use of any HSV for transportation purposes if the department finds it unsafe or unfit for service.

(2)  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 HSV, 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.

(3)  

(a) It is the responsibility of the owner or operator to have the HSV inspected annually. After notification by the owner or operator, or the authorized representative of any transportation assistance program for elderly or disabled persons, that vehicles are to be inspected, the department shall attempt to inspect the vehicles, contingent on other duties, at the earliest time available.

(b) During subsequent inspection periods, the department shall attempt to perform the inspections without notification; however, the responsibility remains with the owner to have the HSV inspected.

(c) The department may arrange to inform the authorized representative of any transportation assistance program for elderly or disabled persons when and if vehicles have been inspected and the results of any inspection.

(d) The department may require display of a distinctive annual inspection sticker on any HSV. No vehicle required to be inspected by s. 110.05 , Stats., or this chapter, or s. DHS 105.39 may be operated on any highway unless it displays on the body of the vehicle, as close as practicable to the lower right-hand corner of the windshield, an unexpired certificate of inspection decal issued by the department.

(4)  Violations of any provision of this chapter shall be prosecuted as set forth under s. 110.05 (4) , Stats. In addition to or in lieu of any other penalty provided by law, the department may refuse to register or suspend, or both, any or all registrations of persons that do not comply with this chapter, including annual inspection requirements, and may require the surrender of any registration plates. Any registration suspended under this section shall remain suspended until the person complies with this chapter and makes application for registration or re-registration and the required fee for registration is paid.

(5)  This chapter applies to all HSVs except vehicles owned by volunteers. Human services vehicles formerly in compliance as school buses may continue to meet those requirements, or may convert to meet the requirements of this chapter. In the event that the vehicle is converted from a school bus, all identification requirements of a school bus shall be removed. Upon conversion, the owner shall repaint a vehicle meeting the yellow-black color scheme to some other color. The stop arm, school bus sign and alternating flashing red lights shall be removed immediately upon conversion. Human services vehicles placed in operation in Wisconsin after May 1, 1997 shall comply with the requirements in effect at the time they are inspected as an HSV.

Cr. Register, April, 1997, No. 496 , eff. 5-1-97; correction in (3) (d) made under s. 13.92 (4) (b) 7. , Stats., Register March 2012 No. 675 .