Wis. Admin. Code Department of Transportation Trans 309.03 - Inspections and enforcement
(1) No person may
use any motor vehicle for the purpose of providing ambulance services unless
the vehicle has been inspected and approved by the department for use as an
ambulance in this state. Except as otherwise provided, each ambulance shall be
inspected at least biennially to the satisfaction of the inspector to ensure
that the ambulance meets the minimum standards applicable to that vehicle under
subchs. I, II and III. Whenever the ambulance service provider upgrades to a
higher level of provider service, the service provider shall notify the
inspector. When a reserve ambulance is put into in-service ambulance status, it
shall meet all requirements of this chapter.
(1g) Ambulance service providers based out of
state but operating in Wisconsin shall have their home state's most current
inspection on file with the department and shall comply with all Wisconsin
motor vehicle legal requirements including ch. Trans 305, ch. 347, Stats., and
this chapter, except for inspection by the department under sub. (1).
(1m) Sub. (1) does not prevent the inspector
from doing spot inspections to check for compliance with this
chapter.
(1r) Whenever the
department receives a complaint about a service provider alleging
non-compliance with this chapter, the inspector shall investigate and, where
appropriate, inspect the provider's ambulances.
(2) The ambulance service provider shall
present the vehicle for inspection when notified by the department and shall
cooperate with the inspector. Whenever possible, the department shall perform
the inspections at the ambulance service provider's place of business or other
site convenient to the ambulance service provider's base of operation. The
inspector shall conduct the inspection in a manner that will not interfere with
the provision of ambulance service.
(3)
(a)
Except as provided in sub. (4), if upon inspection a vehicle is found to be
unsafe or improperly constructed or equipped for use as an ambulance, or if the
ambulance service provider's license has been revoked, the inspector shall
attach an "OUT OF SERVICE" sticker to the glass in the rear door of the
vehicle. A vehicle may not be put in service as an ambulance while the sticker
is so displayed. Except as provided in par. (b), the "OUT OF SERVICE" sticker
displayed shall be reinspected by and shall have the sticker removed after
passing reinspection by an employee of the division of state patrol or
authorized agent of the service provider at the direction of the division of
state patrol employee prior to reuse as an ambulance. The "OUT OF SERVICE"
sticker shall not be removed until the deficiencies noted on the inspection
report have been corrected, or the ambulance provider's license has been
reinstated.
(b)
1. If a vehicle that has been declared "out
of service" and is no longer able to serve as an ambulance, the owner or lessee
of the vehicle shall remove the "OUT OF SERVICE" sticker and all special
ambulance markings and features from the vehicle, including all of the
following:
a. The warning, flood lights and
siren unless the vehicle is being converted for use as another kind of
authorized emergency vehicle. The current owner or lessee must physically
remove all lighting equipment required by s.
Trans 309.15
(2), the siren and public address equipment
required by s.
Trans
309.17 and all lettering and markings required by s.
Trans
309.19. The current owner or lessee must also remove
all equipment required in subch. III. Ambulance lighting shall be brought into
compliance with vehicle general lighting requirements in ch. 347, Stats. and
ch. Trans 305.
b. Any lettering
identifying the vehicle as an ambulance.
c. All equipment required in subch.
III.
2. The owner or
lessee of the vehicle is not required to obtain approval from the department
but shall notify the department when he or she proceeds under this
paragraph.
(4)
If upon inspection a vehicle is found defective or deficient but, in the
judgment of the inspector, may nevertheless be operated as an ambulance without
seriously affecting the safe transportation of individuals who are sick,
injured, or disabled or the general public, the inspector shall note the
deficiency on the ambulance inspection report and shall specify the time, not
to exceed 30 days, in which the ambulance service provider is required to
correct the defect or deficiency. The inspector may require proof of correction
of the defect or deficiency in writing. If the defect or deficiency is not
corrected within the time allowed, the vehicle may not be used as an
ambulance.
(5) A vehicle being used
as an ambulance shall immediately be rendered out of service and the service
provider may be assessed a monetary penalty if, upon inspection, the ambulance
is found to have any of the following, and sub. (4) does not apply:
(a) A malfunctioning brake system.
(b) A faulty exhaust system.
(c) A faulty battery system.
(d) A malfunctioning fuel system.
(e) An inadequate on-board oxygen
system.
(f) An unsafe
structure.
(g) Unsafe
tires.
(h) Ten or more minor
violations which, in the opinion of the inspector, shows a lack of effort on
the part of the service provider to stay in compliance with this
chapter.
(i) Repeat violations from
the previous inspection report with no maintenance history or documentation
that the problem had been corrected.
(j) A malfunctioning or inadequate
environmental climatic control system.
(k) A malfunctioning or inadequate cot or cot
securement system.
(m) Inoperative
complete front, side or rear emergency lighting.
(n) An inoperative siren.
(o) Carbon monoxide concentrations within the
vehicle greater than 10 ppm (parts per million) above the outside ambient
carbon monoxide concentration.
(p)
A malfunctioning or inadequate steering system.
(q) Belts that are damaged, contaminated by
oil or improperly adjusted.
(r) A
defective or inadequate suspension system.
(s) The ambulance exceeds the GVWR as set by
the OEM.
(t) The ambulance exceeds
the GAWR as set by the OEM.
(6) The vehicle shall be rendered out of
service and the provider may be assessed monetary penalties when the provider
knowingly resists or obstructs the inspector while the inspector is doing any
act in an official capacity and with lawful authority. For purposes of this
subsection, "obstructs" includes, without limitation, knowingly giving or
demonstrating false information to the inspector.
(7) The penalty for violating sub. (5) (a) to
(h) or (j) to (t) is a forfeiture of up to $50.00 per violation. The penalty
for violating sub. (5) (i) is a forfeiture of up to $100.00. The penalty for
violating sub. (6) is a forfeiture of up to $200.00.
(8)
(a) The
ambulance service provider shall notify the inspector as soon as possible if an
ambulance is involved in a motor vehicle crash which involves serious injury or
death.
(b) If an ambulance is being
placed back into service after being involved in a crash, the ambulance service
shall notify the inspector and shall provide proof of the repairs in writing
before being placed back into service.
(9)
(a) The
department shall consider the age, condition, and equipment of ambulances
before granting approval for their continued use. The department shall not
permit the use of any ambulance for emergency medical purposes which is deemed
to be unsafe or unfit for such service.
(b) In construing and enforcing the
provisions of this chapter, the act, omission or failure of any officer, agent,
servant or other person acting for or employed by the registered owner or the
lessee of the ambulance is deemed to be the act, omission or failure of such
registered owner or lessee. This paragraph does not apply to violations of ch.
346, Stats.
Notes
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