Wis. Admin. Code Department of Transportation § Trans 102.20 - Farm service CDLs

Current through March 28, 2022

(1) PURPOSE. The purpose of this section is to adopt a seasonal farm service waiver for CMV drivers consistent with those federal department of transportation regulations at 49 CFR 383.3(f).

(2) DEFINITIONS. In this section:

(a) "Agri-chemical business" means a business that sells and delivers fertilizer, pesticides or other chemical compounds to farmers.

(b) "CDL" means a commercial driver license.

(c) "Convicted" or "conviction" has the meaning set forth in s. 340.01(9r), Stats., and includes convictions under state law, convictions under local ordinances in conformity with state law, convictions under a law of federally recognized American Indian tribe or band in this state in conformity with state law, or convictions under the law of another jurisdiction which prohibits conduct similar to that prohibited under state law even if that jurisdiction's law is not in conformity with state law.

(d) "Custom harvester" means a business which is engaged solely in the provision of for hire harvesting services to farmers or engaged in canning, freezing or processing the crops being harvested.

Note: The licenses of temporary seasonal employees of custom harvester employers are limited to permit only transportation related to the harvesting of crops. See s. Trans 102.20(8) (fm). A driver in this category may, for example, haul harvesting equipment to and from the fields where the harvest is conducted, and may haul harvested crops from the fields where harvested to a storage facility or food processing plant. Subsequent transportation of the harvested crops, however, such as to haul harvested crops from storage facilities to processing plants or to haul processed crops to market, are not permitted under a Farm Service CDL.

(e) "Farm retail outlet" means a business engaged in the retail sale and delivery of farm supplies to farmers.

(f) "Farm service CDL" means a restricted commercial driver license issued pursuant to this section.

(g) "Farm service industry" means a farm retail outlet, a custom harvester, a livestock feeder or an agri-chemical business.

(h) "Farmer" has the meaning set forth in s. 340.01(18) (b), Stats.

(i) "Livestock feeder" means a business that is licensed as an approved feed lot under s. ATCP 11.14.

Note: Section ATCP 11.14 was repealed eff. 10-1-06.

(j) "Seasonal employment" means a period of employment that does not exceed 180 days per year.

(k) "Seasonal period" means a continuous time period for which a farm service CDL permits limited operation of commercial motor vehicles.

(3) ELIGIBILITY. The department may issue a farm service CDL to any person who meets all of the following requirements:

(a) Is employed in seasonal employment with a farm service industry.

(b) Has held a class D operator's license, other than an instruction permit for at least the one-year period preceding the date of application.

(c) Meets the driver record requirements of sub. (4).

(d) Has passed the test required under sub. (7).

(e) Does not hold a CDL.

(f) Meets the medical standards requirements of s. 343.065, Stats., and ch. Trans 112.

(g) Is at least 18 years of age.

(4) DRIVER RECORD REQUIREMENTS. The department may not issue or renew a farm service CDL to any person who at any time during the 2-year period preceding the date of application:

(a) Held more than one operator's license at one time, except that for purposes of this subdivision, a school bus or chauffeur's license issued under s. 343.12 or 343.125, 1987 Stats., shall be counted with a regular license as a single license.

(b) Had any driver license or operating privilege, in Wisconsin or any other jurisdiction, revoked, suspended or canceled as a result of a moving violation. Failure to pay a forfeiture resulting from a non-traffic offense is not a moving violation for purposes of this paragraph.

(c) Was convicted of speeding in excess of 15 miles per hour over the applicable speed limit or any one violation listed as a disqualifying offense or serious traffic violation under s. 343.315(2) (a), (e), (f) or (g), Stats., regardless of whether the person was operating a commercial motor vehicle at the time of the offense.

(d) Was convicted of a violation of a law relating to motor vehicle traffic control arising in connection with any traffic accident, except a parking or safety belt violation.

(e) Was at fault in any motor vehicle accident.

(f) Was convicted of a violation of a law arising out of the person's operating a vehicle type not authorized under a farm service CDL, violating a restriction of a farm service CDL, transporting hazardous materials not permitted under a farm service CDL, or operating a commercial motor vehicle outside the seasonal period provided for on a farm service CDL.

(5) DISQUALIFICATION. The department shall revoke, suspend, cancel or disqualify the farm service CDL privilege of any person who is disqualified under s. 343.315, Stats.

(6) APPLICATION.

(a) An application for a farm service CDL shall be made on forms provided by the department and shall include all requested information.

(b) An original or renewal application for farm service CDL shall include all of the following:

1. A standard driver license application form.

2. A certification of the driver's eligibility for the license.

3. The required fee.

4. Specification of the seasonal period for which the applicant seeks farm service CDL operating privileges.

Note: Driver License Application and renewal forms (MV3001 and MV3005) and Driver Certification forms (MV3586) may be obtained at any Division of Motor Vehicle Services Center or from the Wisconsin Department of Transportation, Bureau of Driver Services, License Issuance Unit, P.O. Box 7918, Madison, WI 53707-7918.

(7) TESTING.

(a) The department may not issue a farm service CDL to any person who has not passed the required knowledge test.

Note: See ss. 343.16(1) (a) and 343.16(2), Stats.

(b) The department shall waive CDL skills tests for applicants seeking farm service CDLs except under circumstances where the department would require one or more examinations under s. 343.16(5) or (6), Stats.

(8) RESTRICTIONS. All farm service CDLs shall be subject to the following restrictions:

(a) The license may not permit operation of class A motor vehicles as defined in s. 343.04(1) (a), Stats.

(b) The license may not permit transporting hazardous materials except liquid fertilizer in vehicles or implements of husbandry with total capacities of 3000 gallons or less, solid fertilizers that are not transported with any organic substance, or 1000 gallons or less of diesel fuel, but no combination of these materials.

(c) The license may not permit operation of a school bus or of a passenger carrying vehicle, as defined in s. 343.04(2) (d), Stats.

(d) The license shall permit operation only of commercial motor vehicles owned, leased or rented by the driver's farm service industry employer.

(e) The license may not permit operation of commercial motor vehicles outside the period of seasonal employment.

(f) The license may not permit the operation of commercial motor vehicles beyond 150 miles of the place of business or farm being served.

(fm) The license may not permit operation by a custom harvester unless related to the harvesting of crops.

(g) The license may not permit operation in interstate commerce unless the driver meets the requirements of s. 343.06(3), Stats.

(h) The license may not grant farm service CDL privileges for more than 180 days in any calendar year.

(9) NO OCCUPATIONAL LICENSE. The department may not issue an occupational license granting farm service CDL privileges.

(10) SEASONAL PERIOD APPLICATION AND DRIVER RECORD VERIFICATION.

(a) Except when a license is due for renewal, at least once each calendar year in which an applicant seeks farm service CDL privileges, the person shall apply to the department for a farm service CDL replacement license designating the person's next seasonal period.

Note: Form MV3587, Application for New Farm service CDL Seasonal Period may be obtained at any Division of Motor Vehicle Services Center or from the Wisconsin Department of Transportation, Bureau of Driver Services, License Issuance Unit, P.O. Box 7918, Madison, WI 53707-7918.

(b) The department shall confirm the driver's continued eligibility for the farm service CDL before each seasonal period and, if the driver is eligible for the license under sub. (3), shall issue a replacement farm service CDL to the driver. If a replacement license is issued by mail and the driver fails to return the license document it replaces to the department, the department may cancel the replacement license.

(c) No person may have more than 2 seasonal periods in a calendar year.

Note: See sub. (13) (c) regarding the fee for changing a seasonal period.

(11) LICENSE FORM. A farm service CDL shall be subject to the restrictions set forth on the license.

(12) EXPIRATION. Farm service CDL privileges shall expire on the same date as the holder's operator's license.

Note: See s. Trans 102.16.

(13) FEES.

(a) The fee for the farm service CDL shall be the fee established in s. 343.21(1) (d), Stats., or the prorated amount due under s. Trans 102.10.

Note: The fee for a CDL under s. 343.21(1) (d), Stats., is currently $64.

(c) The fee for changing the seasonal period on a farm service CDL after a person has specified a seasonal period in a given calendar year shall be the fee for obtaining a duplicate license under s. 343.21(1) (L), Stats.

Notes

Wis. Admin. Code Department of Transportation § Trans 102.20

Cr. Register, January, 1993, No. 445. eff. 2-1-93; am. (2) (d), (j), (8) (b), (h) and (10) (a), cr. (8) (fm), Register, December, 1993, No. 456, eff. 1-1-94; correction in (2) (i) made under s. 13.93(2m) (b) 7, Stats., Register, December, 1993, No. 456; am. (4) (c), Register, January, 1997, No. 493, eff. 2-1-97; am. (10) (a), (b), (11), (13) (a) and (c), r. (13) (b), Register, December, 1999, No. 528, eff. 1-1-00; am. (2) (i), Register, August, 2000, No. 536, eff. 9-1-00; CR 06-064: am. (1) and (8) (f) Register September 2006 No. 609, eff. 10-1-06.

Section 343.21(1) (d), Stats. prescribes the fee for CDLs. Section 343.21(1) (L), Stats., currently provides that the fee for a duplicate license shall be $4.