(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.
