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
DEFINITIONS. In this section:
(a) "Agri-chemical business" means a business
that sells and delivers fertilizer, pesticides or other chemical compounds to
(b) "CDL" means a
commercial driver license.
"Convicted" or "conviction" has the meaning set forth in s.
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.
"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
(h) "Farmer" has the
meaning set forth in s.
"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Note: Section ATCP 11.14 was repealed eff. 10-1-06.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
ELIGIBILITY. The department may issue a farm service CDL to any person who
meets all of the following requirements:
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.
(e) Does not hold a
(f) Meets the medical
standards requirements of s.
Stats., and ch. Trans 112.
at least 18 years of age.
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.
1987 Stats., shall be counted with a regular license as a single
(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.
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.
(a), (e), (f) or (g), Stats., regardless of
whether the person was operating a commercial motor vehicle at the time of the
(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
(e) Was at fault in any
motor vehicle accident.
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.
(a) An application for a farm service CDL
shall be made on forms provided by the department and shall include all
original or renewal application for farm service CDL shall include all of the
1. A standard driver license
certification of the driver's eligibility for the license.
3. The required fee.
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.
The department may not issue a farm
service CDL to any person who has not passed the required knowledge test.
Note: See ss.
(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
or (6), Stats.
RESTRICTIONS. All farm service CDLs shall
be subject to the following restrictions:
The license may not permit operation of class A motor vehicles as defined in s.
(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.
(d) The license shall permit operation only
of commercial motor vehicles owned, leased or rented by the driver's farm
service industry employer.
license may not permit operation of commercial motor vehicles outside the
period of seasonal employment.
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.
(h) The license may not
grant farm service CDL privileges for more than 180 days in any calendar
OCCUPATIONAL LICENSE. The department may not issue an occupational license
granting farm service CDL privileges.
SEASONAL PERIOD APPLICATION AND DRIVER
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
No person may have
more than 2 seasonal periods in a calendar year.
Note: See sub. (13) (c) regarding the fee for changing a
(11) LICENSE FORM. A farm service CDL shall
be subject to the restrictions set forth on the license.
EXPIRATION. Farm service CDL privileges
shall expire on the same date as the holder's operator's license.
Note: See s.
The fee for the farm service CDL shall be
the fee established in s.
, Stats., or the prorated amount due under
Note: The fee for a CDL under s.
(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.
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.
(d), Stats. prescribes the fee for CDLs.
(L), Stats., currently provides that the fee
for a duplicate license shall be $4.