The following federal motor carrier safety regulations adopted by the United States department of transportation are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles which operate in intrastate commerce in the same manner as though the regulations were set out in full in this chapter:

1. (1) 49 CFR part 390, federal motor carrier safety regulations — general, except 49 CFR 390.23 (a) (3);

2. (2)

   1. (a) 49 CFR part 391, qualifications of drivers, except:

      1. 1. 49 CFR 391.11 (b) (1).
      2. 2. 49 CFR 391.41 (b) (10), if a driver who does not meet the vision standards provides documentation from a licensed vision specialist that the driver does not have progressive eye disease; that the driver’s vision in the best eye, corrected or uncorrected, is at least 20/40 (Snellen); and that the driver has a minimum of 70-degree visual field from the center of at least one eye. The documentation shall be accompanied by a statement from the specialist indicating that the driver’s vision is not likely to cause a loss of ability to control or operate a commercial motor vehicle. A driver may apply for an exception or waiver to drive in intrastate commerce by submitting this information with the driver’s application.

   2. (b) A driver is not eligible for an exception or waiver under par. (a) if the driver has had any moving violations or any reportable at-fault accidents while driving any motor vehicle within the 3-year period prior to the date of the application. After a driver receives an exception or waiver, the driver’s noncompliance with any applicable reporting requirements may result in cancellation of the exception or waiver.

      Note: Refer to ch. Trans 112 for criteria requiring cancellation/voluntary temporary surrender of the CDL for medical purposes.

3. (3) 49 CFR part 392, driving of motor vehicles, except 49 CFR 392.16;
4. (4) 49 CFR part 393, parts and accessories necessary for safe operation, except 49 CFR 393.42 shall not apply to vehicles placed in operation in common, contract or private carriage prior to June 1, 1987;
5. (5) 49 CFR part 396, inspection, repair and maintenance;
6. (6) 49 CFR part 397, transportation of hazardous materials; driving and parking rules.

7. (7) Every traffic officer and state patrol inspector employed under the authority of s. 110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the North American Standard Out-of-Service Criteria, except that sub. (10) shall be used to determine the maximum number of hours allowed to drive after coming on duty.

   Note: The North American Standard Out-of-Service Criteria is on file with the Legislative Reference Bureau and the Department of Transportation, Division of State Patrol. A copy may be requested from the Commercial Vehicle Safety Alliance, or by calling 301-830-6143. You may also request copies via their website at www.cvsa.org.

8. (8) 49 CFR part 382, federal motor carrier safety regulations — controlled substances and alcohol use and testing;
9. (9) 49 CFR part 40, procedures for transportation workplace drug and alcohol testing programs;

10. (10)

    1. (a) 49 CFR part 395, hours of service of drivers, except as follows:

       1. 1. 49 CFR 395.3 (a) (2) and (3) are not adopted.
       2. 2. 49 CFR 395.3 (b) is not adopted.
       3. 3. 49 CFR 395.8 (a) (1) (i) through (iv) does not apply to operation on or before March 31, 2025.

    2. (b) No driver may drive a property-carrying vehicle for:

       1. 1. More than 12 hours following 10 consecutive hours off duty.
       2. 2. Any period after having been on duty for 16 hours following 10 consecutive hours off duty.
       3. 3. After having been on duty for 70 hours in any period of 7 consecutive days.
       4. 4. After having been on duty for 80 hours in any period of 8 consecutive days.
11. (11) 49 CFR part 385, safety fitness procedures, subpart C, certification of safety auditors, safety investigators and safety inspectors.

History

History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. (intro.), (1), (4) and (5), eff. 4-1-95; am. (intro.), (1), (4) and (5), Register, August, 1995, No. 476, eff. 9-1-95; am. (intro.) and (2), Register, October, 2000, No. 538, eff. 11-1-00; CR 02-080: am. (intro.), renum. (1) to (6) to be (3) to (8) and am. (4) and (7), cr. (1), (2) and (9) Register April 2003 No. 568, eff. 5-1-03; CR 03-059: am. (intro), renum. (1) to (3) to be (8), (9) and (1) and (5) to (8) to be (3) to (6), renum. and am. (4) to be (2) and (9) to be (7) Register December 2003 No. 576, eff. 1-4-04; CR 06-043: am. (intro.), (2) and (7), cr. (10) Register October 2006 No. 610, eff. 11-1-06; EmR0833: emerg. am. (intro.) and (7), cr. (11), eff. 11-5-08; CR 08-100: am. (intro.) and (7), cr. (11) Register April 2009 No. 640, eff. 5-1-09; CR 22-048: am. (2) (a) 2., (b) Register July 2023 No. 811, eff. 8-1-23; CR 22-051: am. (2) (a) 1., (7), r. and recr. (10) Register February 2024 No. 818, eff. 3-1-24; correction in (1), (2) (a), (3) to (9), (10) (a), (11) made under s. 35.17, Stats., Register February 2024 No. 818.