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Emergency Law Inventory | Full Law Text

Law Number

Wis. Adm. Code Trans 327.09(6)(a)

Summary Title

Liability: Operating Commercial Vehicle During Disaster

Summary

When an emergency declaration is in effect, a driver of a commercial motor vehicle can transport property or passengers and will not be guilty of violating federal regulations governing hours of service and general carrier-driver qualifications.

Full Title

Exemptions

Full Text

(1) The provisions of s. Trans 327.03 do not apply to a driver or school bus when the school bus is being used for authorized educational or extracurricular or charter 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and have been issued a valid Wisconsin commercial driver's license, or CDL, prior to July 29, 1996, which has not been revoked, and who continue to meet state medical requirements as found in ch.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. (3) The provisions of s. Trans 327.03 (6) do not apply to drivers and vehicles transporting hazardous materials by a motor vehicle which is not required to be placarded. (4) The provisions of s. Trans 327.05 do not apply to the following: (a) Drivers of authorized emergency vehicles as defined in s. 340.01 (3), Stats. (b) Drivers who operate motor vehicles which have a manufacturers' gross vehicle weight rating equal to or less than 26,000 pounds. (c) Drivers of tow trucks as defined in s. 340.01 (67n), Stats., operating at the request of a law enforcement officer. (5) The provisions of s. Trans 327.05 (3) do not apply to drivers of vehicles operating within an area having a 150 air mile radius from the drivers' home post office or a 150 air mile radius from the official worksite of the vehicle if: (a) The driver returns to the work reporting location and is released within 12 consecutive hours. (b) At least 10 consecutive hours off duty separate each 12 hours on duty. (c) The driver does not exceed 12 hours maximum driving time following 10 consecutive hours off duty. (d) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: 1. The time the driver reports for duty each day. 2. The total number of hours the driver is on duty each day. 3. The time the driver is released from duty each day. (6) (a) The provisions of ss. Trans 327.03 (2) and 327.05 do not apply to drivers of motor vehicles when transporting property or passengers during a declared emergency as defined in s. Trans 327.01 (2) (b). Each employer must declare and document that the emergency is necessary to assure the protection of public health and safety or to provide other essential assistance to the public. Each employer shall maintain such documentation for one year and shall make it available upon request of a traffic officer or state patrol inspector. Each employer shall also notify the Wisconsin department of transportation, division of state patrol of such declarations by fax or first class mail within 30 days or by the end of the calendar year, whichever is greater. Note: Declarations can be faxed to (608) 267-9600. (b) Drivers returning to normal duty following the end of a declared emergency and when s. Trans 327.05 hours of service have been exceeded shall be off duty for at least 24 consecutive hours. (7) The provisions of this chapter do not apply to any farm truck or dual purpose farm truck combined with any semitrailer or farm trailer, or any vehicle combined with a horse trailer, if the vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motor vehicle described in s. 340.01 (8) (c) or (d), Stats., and the vehicle combination is operated solely in intrastate commerce.