Section 327.03. Federal regulations adopted.

  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)  Title 49, Code of Federal Regulations, part 390, federal motor carrier safety regulations — general, except 390.23(a)(3);

(2)  

(a) Title 49, Code of Federal Regulations, part 391, qualifications of drivers, except:

1. 391.11(b)(1), and 391.41(b)(3) if, in the alternative a driver with diabetes controlled by insulin obtains statements from 2 licensed physicians indicating, on a form provided by the department of transportation, that the diabetes is not likely to cause loss of ability to control or operate a motor vehicle.

2. 391.41(b)(10), if a driver who does not meet the vision standards provides documentation from a licensed vision specialist that he or she does not have progressive eye disease; that his or her vision in the best eye, corrected or uncorrected, is at least 20/40 (Snellen); and that he or she 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 his or her application.

(b) A driver is not eligible for an exception or waiver under par. (a) if he or she has had any moving violations or any reportable at-fault accidents while driving any motor vehicle within the 3-year period prior to the date of the application. After a driver receives an exception or waiver, his or her noncompliance with any applicable reporting requirements may result in cancellation of the exception or waiver.

(3)  Title 49, Code of Federal Regulations, part 392, driving of motor vehicles, except 392.16;

(4)  Title 49, Code of Federal Regulations, part 393, parts and accessories necessary for safe operation, except 393.42 shall not apply to vehicles placed in operation in common, contract or private carriage prior to June 1, 1987;

(5)  Title 49, Code of Federal Regulations, part 396, inspection, repair and maintenance;

(6)  Title 49, Code of Federal Regulations, part 397, transportation of hazardous materials; driving and parking rules.

(7)  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.

(8)  Title 49, Code of Federal Regulations, part 382, federal motor carrier safety regulations — controlled substances and alcohol use and testing;

(9)  Title 49, Code of Federal Regulations, part 40, procedures for transportation workplace drug and alcohol testing programs;

(10)  Title 49, Code of Federal Regulations, part 395, hours of service of drivers, except 395.1(e)(1), 395.1(h), 395.1(i), 395.5, 395.8, and the maximum number of hours identified in 395.3 is adopted as follows:

(a) More than 12 hours following 10 consecutive hours off duty.

(b) For any period after having been on duty 16 hours following 10 consecutive hours off duty.

(c) After having been on duty for 70 hours in any period of 7 consecutive days.

(d) After having been on duty for 80 hours in any period of 8 consecutive days.

(11)  Title 49, Code of Federal Regulations, part 385, subpart C, certification of safety auditors, safety investigators and safety inspectors.

History: Cr. Register, May, 1987, No. 377 , eff. 6-1-87; emerg. am. (intro.), (1), (4) and (5), eff. 4-1-95; am. (intro.), (1), (4) and (5), Register, August, 1995, No. 476 , eff. 9-1-95; am. (intro.) and (2), Register, October, 2000, No. 538 , eff. 11-1-00; CR 02-080 : am. (intro.), renum. (1) to (6) to be (3) to (8) and am. (4) and (7), cr. (1), (2) and (9) Register April 2003 No. 568 , eff. 5-1-03; CR 03-059 : am. (intro), renum. (1) to (3) to be (8), (9) and (1) and (5) to (8) to be (3) to (6), renum. and am. (4) to be (2) and (9) to be (7) Register December 2003 No. 576 , eff. 1-4-04; CR 06-043 : am. (intro.), (2) and (7), cr. (10) Register October 2006 No. 610 , eff. 11-1-06; EmR0833 : emerg. am. (intro.) and (7), cr. (11), eff. 11-5-08; CR 08-100 : am. (intro.) and (7), cr. (11) Register April 2009 No. 640 , eff. 5-1-09.

Note

Refer to ch. Trans 112 for criteria requiring cancellation/voluntary temporary surrender of the CDL for medical purposes. Microsoft Windows NT 6.1.7601 Service Pack 1 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 . Microsoft Windows NT 6.1.7601 Service Pack 1