Wis. Admin. Code Department of Transportation § Trans 102.23 - Military, firefighting, farmer and emergency government CDL exemptions

Current through March 28, 2022

(1) PURPOSE. The purpose of this section is to administratively implement the federal waiver for vehicles operated by the United States armed forces, farmers, firefighters and emergency responders, and emergency snowplow drivers for small units of local government permitted under 49 CFR 383.3(c) and (d). This section shall be interpreted and administered consistent with those regulations and in a manner that complies with federal guidelines issued pursuant to those regulations.
(2) DEFINITIONS. In this section:
(a) "CDL class, endorsement or restriction" means authorization to operate class A, B or C commercial motor vehicles, any endorsement described in s. 343.17(3) (d), Stats., or any restriction specified in ss. 343.17(3) (d) or (e), Stats.
(b) "Local unit of government" means a county, city, village, town, school district, county utility district, sanitary district, metropolitan sewage district, or other public body created by or pursuant to state law.
(3) MILITARY WAIVER. No CDL class, endorsement or restriction shall be required of or applied to a person operating a commercial motor vehicle for military purposes, including all of the following:
(a) Active duty military personnel.
(b) Members of the military reserves.
(c) Members of the national guard on active duty, including personnel on full-time national guard duty.
(d) Personnel on part-time national guard training.
(e) National guard military technicians.

Note: National guard military technicians are civilians who are required to wear military uniforms. 49 CFR 383.3(c).

(f) Active duty U.S. Coast Guard personnel.
(4) MILITARY WAIVER INAPPLICABLE. Subsection (3) does not apply to U.S. reserve technicians.
(5) FARMERS. No CDL class, endorsement or restriction shall be required of or applied to any person operating a commercial motor vehicle for farming purposes who meets all of the following criteria:
(a) The person is operating a farm vehicle that is being used to transport agricultural products, farm machinery, farm supplies or any combination of these goods to or from a farm.
(b) The vehicle is owned or controlled by a farmer. For purposes of this paragraph, "farmer" means any person who operates a farm or is directly involved with the cultivation of land, crops or livestock which are owned or directly controlled by that person. Farmer includes all persons meeting the definition in s. 340.01(18) (b), Stats. "Farmer" also includes a corporation, association, cooperative or partnership owned or controlled by farmers and engaged in the business of farming.
(c) The vehicle is operated by the farmer, the farmer's employees, or the farmer's family members. For purposes of this paragraph, "family member" means any parent, stepparent, grandparent, child, stepchild, brother, sister, stepbrother, stepsister, uncle, aunt, first cousin, nephew, niece, grandchildren, as defined in s. 990.001(16), Stats., whether related by blood or adoption, or the spouses of any such person and any spouse or guardian of the farmer.

Note: Section 990.001(16), Stats., includes a chart that makes the relationships described in this section easier to understand.

(d) The vehicle is used within 150 miles of the farmer's farm.
(e) The vehicle is not used in the operation of a common or contract motor carrier, as those terms are defined in s. 194.01(1) and (2), Stats.

Note: Any shipping for payment in cash or kind is considered contract motor carrier operations. s. 194.01(2), Stats., 49 CFR 390.5.

(6) FIREFIGHTERS AND EMERGENCY GOVERNMENT WORKERS. No CDL class, endorsement or restriction shall be required of or applied to any person operating a commercial motor vehicle necessary to the preservation of life or property or the execution of emergency government functions provided the vehicles are equipped with audible and visual signals and are not subject to normal traffic regulations when using those signals. Vehicles exempt under this subsection include all of the following:
(a) Fire trucks.
(b) Hook and ladder trucks.
(c) Foam or water transport trucks.
(d) Police SWAT team vehicles.
(e) Ambulances.
(f) Rescue squads.
(g) Command post vehicles.

Note: The original federal waiver permitted operation of vehicles only in response to emergencies or in the routine performance of other duties. The federal government removed that restriction in promulgating 49 CFR 383.3(d)(2), thereby extending the waiver for other non-routine functions such as parades and vehicle repair. This rule making adopts this extended waiver pursuant to the authority provided in s. 343.055(5), Stats.

(7) SNOWPLOW OPERATORS. No CDL class, endorsement or restriction shall apply to a person operating a commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, salting, sanding, or applying other snow and ice treatment chemicals if all of the following apply:
(a) The person is an employee of a local unit of government with a population of 3000 or less.
(b) The person holds a valid license authorizing the operation of class "D" vehicles.
(c) The person is operating within the boundaries of the local unit of government.
(d) One of the following:
1. The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle.
2. Additional assistance is required in plowing snow because the local unit of government has determined that a snow emergency exists.

Notes

Wis. Admin. Code Department of Transportation § Trans 102.23
CR 04-141: cr. Register May 2005 No. 593, eff. 6-1-05; CR 06-064: (2) (b), (7) (a) to (d) (intro) and 2. renum. from Trans 102.22(2) and (3) (a) to (d) (intro.), 2. and am. (2) (b); am. (1) and (2), cr. (5) to (7) (intro.) and (d) 1., Register September 2006 No. 609, eff. 10-1-06.

Wisconsin has not adopted restricted CDL license waivers for the pyrotechnic industry permitted at 49 CFR 383.3(g).

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