Chapter trans 112: medical standards for driver licensing and general standards for school bus endorsements

Trans 112.02
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
Chapter Trans 112
MEDICAL STANDARDS FOR DRIVER LICENSING AND GENERAL STANDARDS FOR
SCHOOL BUS ENDORSEMENTS
Conditions affecting psychosocial, mental or emotional function.
Conditions affecting respiratory function.
Conditions affecting sensory function.
Information to be considered in licensing actions.
Non−medical requirements for school bus drivers.
Condition of employment for school bus drivers.
Conditions affecting cardiovascular function.
Conditions affecting cerebrovascular function.
Conditions affecting endocrine function.
Notice of departmental licensing actions.
Conditions affecting neurological or neuromuscular function.
Trans 112.01
Purpose and scope. The purpose of this
(7) “Driving evaluation” is a test conducted to determine if
chapter is to establish the department’s administrative inter- a person adequately compensates for the person’s medical, men- pretation of the provisions of ch. 343, Stats., that relate to the tal or physical condition or functional impairment.
issuance of motor vehicle operator licenses to persons who have (8) “Episode” means any incident or segment of time
a medical condition that may affect their ability to exercise rea- involving altered consciousness or loss of bodily control.
sonable control over a motor vehicle. This chapter specifies by (9) “Field of vision” means the entire horizontal, temporal
licensing category the functional ability levels necessary to plane a person has for each eye without shifting the gaze.
exercise reasonable control of a motor vehicle for all persons (10) “Functional ability” means the degree of cognitive,
applying for or holding any operator’s license. This chapter also mental or emotional, sensorimotor and sensory capability in per- establishes non−medical requirements that relate to issuance of forming activities of daily living, including safely performing Note: Forms used in this chapter are MV3030B Medical Examination Report
for Commercial Driver Licensing Endorsements, MV3030V Certificate of Vision (11) “Licensing action” means any action by the department
Examination by Competent Authority, and MV 3644 Medical Examination Report.
involving the denial, cancellation, restriction, or issuance of a A sample copy of these forms may be obtained, free of charge, from the Wisconsin license or endorsement under this chapter.
Department of Transportation, Bureau of Driver Services, P. O. Box 7918, Madi-son, WI 53707−7918. See ss. 343.06, 343.12, 343.13, 343.135, 343.14 and 343.16, (12) “Loss of bodily control” means involuntary move-
ments of the body characterized by muscle spasms or muscle History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; CR 04−117: am. Reg-
rigidity, or loss of muscle tone or muscle movement.
ister April 2005 No. 592, eff. 5−1−05.
(13) “Medical condition” means any physical, mental or
Trans 112.02
Definitions. The words and phrases
emotional condition which affects a person’s health for which a defined in ss. 340.01 and 343.01, Stats., have the same meaning person is receiving medical treatment, or for which medical in this chapter unless a different definition is specifically pro- (14) “Mental or emotional function” includes interaction
(1) “Altered consciousness” means a state of awareness
and communication skills, adaptive behavior or coping capacity, characterized by loss or distortion of the impressions made by the senses or inability to respond to the impressions made by the (15) “Physical disability” means any physical limitation
interfering with the ability to perform the normal tasks associ-ated with operating a motor vehicle.
(1m) “Another jurisdiction” means any state other than Wis-
consin and includes the District of Columbia, the common- (16) “Physician” means an individual possessing the degree
wealth of Puerto Rico and any territory or possession of the of doctor of medicine or doctor of osteopathy or an equivalent United States, any federal military installation located within the degree as determined by the medical examining board, and hold- territorial boundaries of Wisconsin and any province of the ing a license granted by the medical examining board.
Note: This definition of “Physician” is intended to be consistent with the statu-
tory definition appearing at s. 448.01 (5), Stats.
(2) “Assessment” means an examination of a person’s use of
(17) “Proof of physical fitness” means a certificate of physi-
chemicals and development of a driver safety plan for the person cal examination executed by a person authorized to execute cer- by an approved public treatment facility as defined by s. 51.45 tificates of physical examination under 49 CFR 391.43 which provides that the person being examined meets the physical (3) “Chemical” means alcohol, a drug as defined in s. 450.01
qualifications for drivers of 49 CFR 391.41, or a medical (10), Stats., or a controlled substance as defined in s. 961.01 (4), examination report for “S” or “P” endorsements.
(18) “Review board” means a medical board established
(4) “Cognitive skill” means the ability to think, perceive and
(19) “Sensorimotor skills” means reflexes and reaction
(6) “Corrective lens” means an ophthalmic lens, whether an
time, coordination, depth perception, manipulation, range of eyeglass or a contact lens, that corrects the refraction error or other optically correctable deficiency of the eye, except bioptic (20) “Sensory function” means vision, hearing, touch, smell
Trans 112.02
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
(21) “Vehicle classification” or “vehicle class” means the
review standards for passenger or school bus endorsement, but designation for a type of motor vehicle as defined in s. 343.04, the person’s license shall be subject to a “K” restriction and restricted to prohibit transporting more than 2 passengers in a (22) “Vision specialist” means a person who practices
optometry as defined by s. 449.01 (1), Stats., or a physician as (4) No person may be issued or renew a passenger endorse-
ment unless the person provides a health history to the depart- History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; am. (17), Register,
November, 1993, No. 455, eff. 12−1−93; r. (5), (15), am. (6), renum. (16) to be (15),
Note: The health history shall be provided on form MV3030B. Only the appli-
cr. (16), Register, June, 1996, No. 486, eff. 7−1−96; CR 04−117: cr. (1m) Register
cant’s portion of the form need be completed for purposes of a passenger endorse- April 2005 No. 592, eff. 5−1−05; correction in (3) made under s. 13.93 (2m) (b)
7., Stats., Register April 2005 No. 592.
(5) MEDICAL REVIEW STANDARDS FOR OPERATOR LICENSES.
Trans 112.03
Medical review standards. (1) U
Whenever the department learns that a person applying for, renewing, or holding any classification of operator’s license has STRICTED COMMERCIAL DRIVER LICENSES. No person shall beissued an unrestricted commercial driver license unless the per- a progressive, recurring or debilitating medical condition which son complies with all the driver qualifications specified in 49 may affect safe driving, the department may require the person CFR 391.41, and presents a medical certificate of physical to provide the department with medical information about the examination as required by 49 CFR 391.43 at the time of person’s medical condition. The department shall review the medical information using the standards specified in this chap-ter.
(2) RESTRICTED COMMERCIAL DRIVER LICENSES. The depart-
ment may not issue a commercial driver license to a driver who (6) EVALUATION. A license issued to a person under this
does not meet the physical qualifications of drivers’ standards chapter may be restricted on the basis of a recommendation of under 49 CFR 391.41 or who does not present a medical certifi- a physician, a vision specialist, a review board, or on the results cate of examination required under 49 CFR 391.43 unless one of a driving examination or evaluation.
(7) REPORTING. Persons holding a valid license with a school
(a) The commercial driver license is subject to a “K” restric- bus or passenger endorsement shall report to the department any tion, the driver held a commercial driver license on or before medical condition identified in this chapter that is new or that has July 28, 1996, and the license has not been revoked on or after changed significantly since previously reported.
History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; am. (2) and (3) (d),
Register, October, 1991, No. 430, eff. 11−1−91; am. (3) (c), Register, November, Note: See s. Trans 327.09 (2) (b). “K” restrictions limit operation to non−inter-
1993, No. 455, eff. 12−1−93; r. and recr. (2), am. (7), Register, June, 1996, No. 486, state commerce and are described in detail in s. 343.17 (3) (e) 1., Stats.
(b) The commercial driver license is subject to a restriction that permits only those types of commercial motor vehicle Trans 112.04
Information to be considered in
operation for which drivers are exempt from the requirement of licensing actions. The review boards when making recom-
complying with 49 CFR part 391 under s. Trans 327.09 (1), 49 mendations, and the department when taking licensing action under this chapter, may consider the following information: Note: This provision allows the Department to issue CDLs without requiring
(1) Any medical condition affecting the person including,
federal medical cards of persons employed by government units, or as school bus drivers, apiarian industry seasonal drivers, custom harvester drivers and certainfarm vehicle drivers. Licenses issued under this provision are restricted to permit only that commercial vehicle operation which may be legally conducted withouta federal medical card.
(b) Severity of symptoms, complications and prognosis.
(3) MEDICAL REVIEW STANDARDS FOR SCHOOL BUS ENDORSE-
(c) Treatment and medications, including effects and side MENTS. (a) Original applications. No person may be issued a effects, and the person’s knowledge and use of medications.
school bus endorsement unless the person files proof of physical (d) Results of medical tests and reports of laboratory find- fitness as part of the person’s application for school bus endorse- (b) Renewal applications. No person may renew a school (f) Physician’s recommendations with regard to functional bus endorsement unless the person files proof of physical fit- ness. The department shall provide a person with notice by mail (g) Physician’s identification of risk factors.
to the person’s last known address that the person must file proofof physical fitness and apply for a renewal license not less than (2) Reports of driver condition or behavior.
30 days prior to the date upon which the person’s license expires.
(3) The results of a department screening of a person’s vision
The department shall not renew the school bus endorsement of any person who fails to provide the required proof of medical fit- (4) The results of any examinations of the person to test
ness within the time required by the notice.
knowledge of traffic laws, road signs, rules of the road, vehicle (c) Biennial proof of physical fitness. All persons holding equipment and safe driving practices, and driving ability.
school bus endorsements shall provide proof of physical fitness (5) Group dynamics or traffic safety school reports.
to the department every 2 years, except that persons age 70 years (6) Alcohol or drug assessment reports by an agency under
or older shall provide proof of physical fitness annually. The department may require persons to submit proof of physical fit- (7) Traffic accidents that may have been caused in whole or
ness before 2 years to coordinate the license renewal cycle fol- in part by a medical condition specified in this chapter.
lowing an initial issuance or a reinstated “S” endorsement. Thedepartment shall provide a person holding a school bus endorse- (8) Vision specialist’s reports.
ment with at least 30 days notice by mail to the person’s last (9) A person’s failure to provide requested information to
known address that the person must file proof of physical fitness.
The department shall cancel the school bus endorsement of any History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; am. (intro.), (1) (b),
r. (1) (c), renum. (1) (d) to (h) to be (1) (c) to (g), Register, June, 1996, No. 486, eff.
person who fails to provide the required proof of physical fitness within the time period required by the notice.
(d) Exceptions. The department may issue a passenger Trans 112.045
All medical conditions. No person
endorsement to a person who does not meet all of the medical may be issued, renew, or hold any classification of operators Trans 112.06
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
license or endorsement if a medical report shows any of the fol- 2. Two operating while intoxicated convictions within the (1) Effects or side effects of medication interfere with safe
3. Three or more operating while intoxicated convictions driving, unless the physician indicates the situation is temporary 4. The person has evidenced any chemical abuse or depen- (2) Complications of a condition interfere with safe driving
as assessed by a physician or as determined by a driving evalua- 5. The person has evidenced any chemical abuse or depen- dency within the past 2 years, that is not controlled by treatment.
(3) The person is not reliable in following a prescribed treat-
(bm) For purposes of determining eligibility for a passenger ment program to the extent that noncompliance could affect the endorsement under par. (b) 1. to 3., the department shall not count violations committed prior to April 1, 1992.
(4) There is medical evidence that the person uses alcohol or
(c) No person may hold any classification of operator’s other drugs to an extent that it has an adverse effect on a medical license if the person is diagnosed as suffering from uncontrolled condition or interferes with treatment for the condition.
chemical abuse or dependency, as assessed by a physician or (5) There is medical evidence of a condition that is likely to
be accompanied by a syncope or collapse or which otherwise History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; am. (3) (b) 4., r. (3) (b)
5., Register, October, 1991, No. 430, eff. 11−1−91; emerg. cr. (3) (bm), eff.
2−20−92; cr. (3) (bm), Register, June, 1992, No. 438, eff. 7−1−92; r. (2) (b), renum.
History: Cr. Register, June, 1996, No. 487, eff. 7−1−96.
(2) (c) to (e) to be (2) (b) to (d); am. (3) (b) 4., cr. (3) (b) 5., Register, June, 1996,No. 486, eff. 7−1−96.
Trans 112.05
Alcohol or other drug use. (1) With
respect to a person’s chemical use, the review boards when mak- Trans 112.06
Conditions affecting cardiovascular
ing recommendations, and the department when taking licens- function. (1) With respect to conditions affecting cardiovas-
ing action, may consider all information available on the degree cular function, the review boards when making recommenda- tions, and the department when taking licensing action, may (2) The department may require information on a person’s
consider disorders including, but not limited to, the following: functional ability including, but not limited to, the following: (a) Coronary artery disease, including myocardial infarction.
(a) Medical assessment of the person, driver safety plan, driver safety plan final reports concerning the person, or any (c) Valvular disease or replacement valves.
combination of these information categories, including the fol- 1. Hospitalization of the person for chemical abuse or 2. Outpatient treatment of the person for chemical abuse or 3. Participation by the person in self−help groups for chemi- 4. Use of control agents, such as antabuse or methadone by (k) Aortic or arterial occlusion or aneurysm.
(L) Impairment of peripheral circulation.
5. Physician treatment of the person for chemical abuse or (2) The department may require a person to provide infor-
mation on the person’s functional ability including, but not lim- (b) The person’s driving record, including reports of any of 1. Accidents involving chemical use.
2. Traffic convictions involving chemical use.
(c) Presence of pain and its frequency, location, duration and (c) Review board recommendations, if any.
(d) Information from other sources about the person’s physi- (d) Syncope or presyncopal sensations.
cal and mental health, as affected by chemical use, and any med- (e) Procedures which correct a cardiovascular condition and ical problems that may interfere with the person’s reasonable which temporarily impair functional ability, including surgical and ordinary control over a motor vehicle.
procedures such as a coronary artery bypass graft.
(3) (a) A conviction for operating while intoxicated in this
section means being convicted of a violation of s. 346.63 (1) or (g) Implanted defibrillator function.
(2), Stats., or a local ordinance in conformity therewith, or con-victions under the law of another jurisdiction that is in substan- (h) Results of procedures such as an electrocardiogram, tial conformity with 49 CFR 383.51 (b) (2) (i) or (ii), or both, or stress test with thallium scan, angiography, multigated acquisi- that prohibits refusal of chemical testing or use of a motor tion scan, echocardiogram, or electrophysiologic studies.
vehicle while intoxicated or while under the influence of a con- (i) Cardiac drug use, including rhythm control drugs, antian- trolled substance, or a combination thereof, or with an excess of ginal agents, cardiac glycosides, antihypertensive medication a specified range of alcohol concentration, or under the influ- and side effects of these medications.
ence of any drug to a degree that renders the person incapable of safely driving as those or substantially similar terms are used (3) (a) Licensing standards. No endorsement or license may
in that jurisdiction, refusals under s. 343.305 (9), Stats., or revo- be issued to, renewed by, or held by a person who does not meet cations under s. 343.305 (10), Stats.
the applicable medical review standards for conditions affecting (b) No person may be issued, renew, or hold a school bus or cardiovascular function of this subsection.
passenger endorsement if a medical report, assessment or driv- (b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a 1. Any operating while intoxicated convictions within the school bus or passenger endorsement shall meet all of the fol- Trans 112.06
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
1. The person shows no evidence of exercise−induced (3) (a) Licensing standards. No endorsement or license may
ischemia, arrhythmias or hypotension as evidenced by appropri- be issued to, renewed by, or held by a person who does not meet ate cardiac testing which has been prescribed and reviewed by the applicable medical review standards for conditions affecting cerebrovascular function of this subsection.
2. Any valvular disease is asymptomatic with no significant (b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a 4. There are no syncopal or presyncopal sensations.
school bus or passenger endorsement shall meet all of the fol- 5. There is no symptomatic angina pectoris.
lowing cerebrovascular function criteria: 6. There is no documented ventricular tachycardia, severe 1. Physician certifies that the person is reliable in following bradycardia, or high−grade heart block which is unable to be the person’s prescribed treatment program.
2. Blood pressure reading shows a systolic pressure of 180 7. Any cardiac incident, such as myocardial infarction, millimeters of mercury or less and a diastolic pressure of 105 occurred more than 6 months preceding any application or millimeters of mercury or less, with or without medication.
renewal unless a cardiac specialist specifically recommends 3. Any cerebrovascular incident, such as a cerebrovascular operation of a commercial vehicle and the person has fully accident or endarterectomy, occurred more than 6 months ago.
4. There are no current residual motor deficits that interfere 8. There is no evidence of congestive heart failure.
9. There is no automatic implantable cardioverter defibrilla- 5. There is no impaired reasoning or judgment, as assessed (c) Medical standards for all classes of operators licenses. (c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of A person who applies for, renews, or holds any classification of operator’s license shall meet all of the following cardiovascular operator’s license shall meet all of the following cerebrovascu- 1. There are no current symptoms of coronary artery dis- 1. There is no motor deficit preventing safe driving.
ease, such as unstable angina, dyspnea, or pain at rest, which 2. There is no impairment of reasoning or judgment pre- interfere with safe driving, as assessed by a physician.
venting safe operation of a vehicle, as assessed by a physician.
2. There is no cause of cardiac syncope present, including 3. There are no medications interfering with the person’s ventricular tachycardia or fibrillation, which is not successfully ability to operate a motor vehicle safely.
History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; am. (1) (a), (b), r. (1)
3. There is no congestive heart failure that limits functional (e), (3) (b) 1., (c) 3., renum. (3) (b) 2. to 6. to be (3) (b) 1. to 5. and am. 4., (3) (c) ability and is assessed by a physician as interfering with safe 4. to be (3) (c) 3., Register, June, 1996, No. 486, eff. 7−1−96; CR 04−117: am. (3)
(b) 1. and 3. Register April 2005 No. 592, eff. 5−1−05.
4. Any cardiac rhythm disturbances are successfully con- Trans 112.08
Conditions affecting endocrine func-
tion. (1) With respect to conditions affecting endocrine func-
5. There is no automatic implantable cardioverter defibrilla- tion, the review boards, when making recommendations, and the tor, unless the device is assessed by an electrophysiologist as not department when taking licensing action, may consider disor- ders including, but not limited to, the following: 6. There is no valvular heart disease or malfunction of pros- thetic valves that is assessed by a physician as interfering with History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; cr. (1) (L), (3) (b) 7.,
am. (3) (b) 1., r. (3) (b) 4., 5. 9., renum. (3) (b) 6. to 8. to be (3) (b) 4. to 6. and (3) (b) 10. and 11. to be (3) (b) 8. and 9., Register, June, 1996, No. 486, eff. 7−1−96; CR 04−117: r. (3) (b) 3. Register April 2005 No. 592, eff. 5−1−05.
(2) The department may require information on a person’s
Trans 112.07
Conditions affecting cerebrovascu-
functional ability including, but not limited to, the following: lar function. (1) With respect to conditions affecting cerebro-
vascular function, the review boards when making recommen- dations, and the department when taking licensing action, mayconsider disorders including, but not limited to, the following: (a) Cerebro−vascular accident or stroke.
(d) Reliability of the person in following a prescribed treat- (b) Transient ischemic attack or TIA.
(c) Carotid artery occlusion.
(f) Fluid and electrolyte imbalance.
(2) The department may require information on a person’s
functional ability including, but not limited to, the following: (b) Residual motor control effects, such as limb paralysis.
(3) (a) Licensing standards. No license or endorsement may
be issued to, renewed by, or held by a person who does not meet (d) Impaired reasoning and judgment.
the applicable medical review standards for conditions affectingendocrine functions of this subsection.
(b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the fol- (i) Medication effects and side effects.
1. The person is in a treatment program certified by a physi- cian as appropriate for adequate control of the condition.
Trans 112.12
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
2. The person has non−insulin requiring diabetes that is con- c. Narcolepsy has been diagnosed as the cause of the epi- sode, there have been no episodes of loss of consciousness for 3. There is no weakness, tremor, lethargy, or motor impair- the past 2 years and the person’s physician indicates treatment 4. The person monitors his or her blood sugar levels as (bm) Medical standards for commercial driver licenses. A advised by a physician, and is knowledgeable about the condi- person who applies for, renews, or holds a commercial driver license may not have been subject to any episodes of altered con-sciousness or loss of bodily control caused by a neurological (c) Medical standards for all classes of operators licenses. condition unless one of the following apply: A person who applies for, renews, or holds any classification ofoperator’s license may not evidence any frequent or functionally 1. There has been a single, nonrecurring episode of altered consciousness or loss of bodily control occurring at least 2 years History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; r. (2) (j), (3) (b) 3., 4.,
preceding application, and the cause of the episode has been 6., renum. (3) (b) 5. and 7. to be (3) (b) 3. and 4. and am. 4., am. (3) (c), Register, identified and no treatment is required.
June, 1996, No. 486, eff. 7−1−96.
2. A seizure disorder has been diagnosed, but the person has been episode−free for at least 5 years preceding application.
Trans 112.10
Conditions affecting neurological or
(c) Medical standards for all classes of operators licenses. neuromuscular function. (1) With respect to conditions
A person who applies for, renews, or holds for any classification affecting neurological or neuromuscular function, the review of operator’s license shall meet all of the following neuromuscu- boards when making recommendations, and the department when taking licensing action, may consider disorders including,but not limited to, the following: 1. The person may not have had an episode of altered con- sciousness or loss of bodily control caused by a neurological condition for the 3 month period preceding medical review by 2. The person adequately compensates for any paralysis or sensory deficit when operating a vehicle.
3. Fatigue, weakness, muscle spasm, pain or tremor at rest does not impair safe driving, as assessed by a physician or deter-mined through a driving evaluation.
(g) Parkinson’s disease or other extrapyramidal disorders or 4. There is no decline in cognition to an extent that interferes History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; renum. (3) (c) 6. to be
(3) (bm) and am. Register, October, 1991, No. 430, eff. 11−1−91; renum. (1) (a) to(i) to be (1) (b) to (j), (1) (j) to be (1) (a), (3) (b) 6. to be (3) (b) 4. and am. 4.a., (c) 5. to be (c) 4., r. and recr. (2) (b), (3) (c) 1., am. (3) (b) 1., 3., (bm) 1., (c) 3., r. (3) (2) The department may require information on functional
(b) 4., 5., (c) 4., cr. (3) (b) 4. c., Register, June, 1996, No. 486, eff. 7−1−96.
ability including, but not limited to, the following: Trans 112.12
Conditions affecting psychosocial,
(a) Episodes of altered consciousness or loss of bodily con- mental or emotional function. (1) With respect to condi-
tions affecting psychosocial, mental or emotional function, the (b) Degree of functional impairment, including the extent to review boards when making recommendations, and the depart- which loss of muscle tone, range of motion, spasm, or fatigue ment when taking licensing action, may consider disorders including, but not limited to, the following: (3) (a) Licensing standards. No license or endorsement may
be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting neurologi- cal or neuromuscular function of this subsection.
(b) Medical standards for school bus and passenger (e) Dementia and organic brain syndrome.
endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the fol-lowing neuromuscular function criteria: (2) The department may require information on functional
ability including, but not limited to, the following: 1. Any neurological or neuromuscular condition is con- (a) Impaired impulse control.
(b) Reality testing and orientation.
2. The person’s driving is not impaired by weakness, numb- ness, or muscle spasm, or the person adequately compensates for any paralysis or paresthesia while driving.
(d) Asocial, anti−social or dissocial behaviors.
3. The person is knowledgeable about the neuromuscular or 4. There are no episodes of altered consciousness or loss of bodily control caused by a neurological condition unless one of (h) Treatment program, including medications and com- a. There has been a single, nonrecurring episode of altered (3) (a) Licensing standards. No license or endorsement may
consciousness or loss of bodily control that occurred more than be issued to, renewed by, or held by a person who does not meet 2 years prior to the application, the cause has been identified, and the medical review standards for conditions affecting psychoso- cial, mental and emotional function of this subsection.
b. A seizure disorder has been diagnosed, but the person has (b) Medical standards for school bus and passenger been episode−free for at least 5 years preceding application and endorsements. A person who applies for, renews, or holds a has not required treatment for at least 5 years preceding applica- school bus or passenger endorsement shall meet all of the fol- lowing mental and emotional function criteria: Trans 112.12
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
1. The person is oriented to time, date, person and place.
5. There is no diagnosis of sleep apnea unless the physician 2. There is no behavior disorder that interferes with safe indicates treatment has been successful and the condition will driving, as assessed by a physician.
not impair ability to safely operate a commercial vehicle.
3. There are, at the time of the application for or renewal or (c) Medical standards for all classes of operators licenses. holding of the endorsement, no destructive behaviors or suicidal A person who applies for, renews, or holds any classification of operator’s license shall meet all of the following respiratory (c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of 1. The person does not require medication or treatment that operator’s license shall meet all of the following mental and 2. There is no dyspnea that interferes with safe driving, as 1. There is no dementia that is unresponsive to treatment.
assessed by a physician or determined through a driving evalua- 2. There is no behavior disorder with threatening or assaul- History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; r. (3) (b) 3., 6., 7.,
tive behavior at the time of application.
renum. (3) (b) 4., 5. to be (3) (b) 3., 4. and am. 4., cr. (3) (b) 5., am. (3) (c) 1, Register, 3. Any delusional system does not interfere with safe driv- June, 1996, No. 486, eff. 7−1−96.
Trans 112.14
Conditions affecting sensory func-
4. There is no impairment of judgment that interferes with tion. (1) With respect to conditions affecting sensory function,
safe driving as assessed by a physician.
the review boards when making recommendations, and the 5. There is no active psychosis that interferes with safe driv- department when taking licensing action, may consider condi- tions including, but not limited to, the following: History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; am. (1) (c), (e), r. (3)
(b) 2. to 4., renum. (3) (b) 4., 6. to be (3) (b) 2., 3. and am. 2., (c) 5., 6. to be (c) 4.,
5., r. (3) (c) 4., 7., Register, June, 1996, No. 486, eff. 7−1−96; CR 04−117: am. (3)
(b) 3. Register April 2005 No. 592, eff. 5−1−05.
Trans 112.13
Conditions affecting respiratory
function. (1) With respect to conditions affecting respiratory
function, the review boards when making recommendations, and the department when taking licensing action, may consider (2) The department may require information on functional
disorders including, but not limited to, the following: ability including, but not limited to, the following: (a) Chronic obstructive pulmonary disease.
(3) (a) Licensing standards. No endorsement or license may
be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting sensory (b) Corrective lenses. A person needing corrective lenses to meet the standards in this section shall be restricted to use of those lenses while driving. No person may use a bioptic tele- (2) The department may require information on functional
scopic or similar lens in order to meet the visual acuity standards ability including, but not limited to, the following: of this subsection if the lens reduces the field of vision below the (c) Medical standards for school bus and passenger endorse- ments. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the following crite-ria: 1. Visual acuity of at least 20/40 in each eye, corrected or 2. A horizontal, temporal field of vision of 70° or more from (i) Need for medication or oxygen therapy.
3. The ability to distinguish traffic signal colors of red, green (3) (a) Licensing standards. No license or endorsement may
be issued to, renewed by, or held by a person who does not meet a. The ability to hear with or without a hearing aid the the medical review standards for conditions affecting respira- instructions given in normal conversational tones during the course of the screening test for vision and the driving examina- (b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds b. No hearing loss greater than 40 decibels at 500 Hz, 1000 school bus or passenger endorsement shall meet all of the fol- Hz and 2000 Hz, with or without a hearing aid, based on a test 1. Pulmonary disease is healed or inactive.
(d) Medical standards for commercial driver licenses. A per- 2. Values obtained from pulmonary function tests for forced son who applies for, renews, or holds a commercial driver vital capacity and forced expiratory volume in one second are license shall meet all of the following criteria: 1. Visual acuity of at least 20/60 or better in at least one eye 4. Medications improve breathing but do not interfere with 2. A horizontal, temporal field of vision of 70° or more from Trans 112.15
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
(e) Medical standards for all classes of operators licenses. with any of the following state laws or any federal law or law of A person who applies for, renews, or holds any classification of a federally recognized American Indian tribe or band in this state operator’s license shall meet all of the following criteria: or law of another jurisdiction that would be a violation of any of 1. Uncorrected or corrected visual acuity of at least 20/100 the following state laws if the person had committed the offense or better in at least one eye, as assessed by a vision specialist.
in this state and been convicted of the offense under the laws of 2. A horizontal, temporal field of vision of 20° or more from (a) First−degree intentional homicide, s. 940.01, Stats.
(f) Referral or evaluation. The department shall refer a per- (ag) First−degree reckless homicide, s. 940.02, Stats.
son for examination by a vision specialist as specified in subds.
(ar) Felony murder, s. 940.03, Stats.
1., 2. and 4. and shall restrict any license issued to a person hav- (b) Second−degree intentional homicide, s. 940.05, Stats.
ing a vision condition specified in subds. 1. to 4. as follows: (bg) Second−degree reckless homicide, s. 940.06, Stats.
1. If a person has uncorrected or corrected visual acuity of (br) Homicide by intoxicated use of vehicle or firearm, s.
less than 20/40 in each eye, but at least 20/60 in one eye, the department shall refer the person to a vision specialist for (c) Homicide by negligent operation of a vehicle, s. 940.10, examination and an advisory recommendation. The person shall complete a driving evaluation as recommended by the visionspecialist. The person’s license shall be assigned restrictions, (cg) Battery, substantial battery, or aggravated battery under based upon a recommendation from the vision specialist or the s. 940.19 (2), (4), (5), or (6), Stats.
results of a driving evaluation demonstrating adequate com- (cr) Battery to a pregnant woman or unborn child, s. 940.195, 2. If a person has uncorrected or corrected visual acuity of less than 20/60 in each eye, but 20/100 or better in one eye, the (dg) Sexual assault, s. 940.225 (1) to (3m), Stats.
department shall refer the person to a vision specialist for (dr) Reckless injury, s. 940.23, Stats.
examination and an advisory recommendation. The person shall (e) Abuse of vulnerable adults, s. 940.285, Stats.
complete a driving evaluation. The person’s license shall be (eg) Abuse and neglect of patients and residents, s. 940.295, assigned restrictions, based upon a recommendation from the vision specialist and the results of a driving evaluation demon-strating adequate compensation for the loss of vision.
(er) Taking hostages, s. 940.305, Stats.
3. If a person has a horizontal, temporal field of vision of less than 70° from center in one eye and 70° or more from center (fg) Administering dangerous or stupefying drug, s. 941.32, in the other eye, the person’s license shall be restricted to driving with an outside rear view mirror to compensate for the loss of (fr) Criminal gang member solicitation and contact, s.
field of vision. A person restricted to driving with a right outside rear view mirror may have this restriction waived based on a driving evaluation demonstrating adequate compensation for (gr) Public fornication, s. 944.15, Stats.
4. If a person has horizontal, temporal field of vision of less than 70° from center in each eye, the person shall be referred to (h) Sexual gratification, s. 944.17, Stats.
a vision specialist for an examination and an advisory recom- (hg) Lewd and lascivious behavior, s. 944.20, Stats.
mendation. The person shall complete a driving evaluation. The (hr) Obscene material or performance, s. 944.21, Stats.
person’s license shall be restricted to driving with outside rear (i) Making lewd, obscene or indecent drawings, s. 944.23, view mirrors to compensate for the loss of field of vision. The person’s license may be subject to additional license restrictions, (ig) Sending obscene or sexually explicit electronic mes- but these may be waived based on a recommendation from a vision specialist and a driving evaluation demonstrating ade- (ir) Prostitution, s. 944.30, Stats.
quate compensation for the loss of field of vision.
(j) Patronizing prostitutes, s. 944.31, Stats.
(g) Special restricted operator’s licenses. 1. No persons with visual acuity of 20/200 or less in the better corrected eye, as cer- (jg) Soliciting prostitutes, s. 944.32, Stats.
tified by a vision specialist, may be issued a special restricted (k) Keeping a place of prostitution, s. 944.34, Stats.
2. Persons applying for or holding a special restricted opera- tor’s license with visual acuity between 20/100 and 20/200, but not including 20/200 in the better corrected eye, as certified by a vision specialist, shall be restricted to daylight hours of opera- (Lg) Sexual assault of a child, s. 948.02 (1) and (2), Stats.
tion only. Additional restrictions under s. 343.135 (6), Stats.,may also be applied.
(Lr) Engaging in repeated acts of sexual assault of the same 3. Except as provided in s. 343.135, Stats., all other regula- tory and statutory licensing provisions which apply to operator’s (m) Physical abuse of a child, s. 948.03, Stats.
licenses also apply to special restricted licenses.
(mg) Causing mental harm to a child, s. 948.04, Stats.
Note: Special restricted operators licenses may authorize the operation of a
(mr) Sexual exploitation of a child, s. 948.05, Stats.
moped or motorbicycle, s. 343.135, Stats.
(n) Causing a child to view or listen to sexual activity, s.
History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; reprinted to correct
error, Register, October, 1991, No. 430; am. (3) (b), (e) 1., 2., (f) 1., 2., 4., Register, June, 1996, No. 486, eff. 7−1−96.
(ng) Incest with a child, s. 948.06, Stats.
Trans 112.15
Non−medical requirements for
(nr) Child enticement, s. 948.07, Stats.
school bus drivers. (1) The department may not issue or
(o) Use of a computer to facilitate a child sex crime, s.
renew a school bus endorsement to any person convicted of any of the following state laws or any local ordinance in conformity (og) Soliciting a child for prostitution, s. 948.08, Stats.
Trans 112.15
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
(or) Sexual intercourse with a child age 16 or older, s. 948.09, (e) Causing injury by operating a commercial motor vehicle with a prohibited alcohol concentration, s. 346.63 (6), Stats.
(p) Sexual assault of a student age 16 or older by a school (em) Operating a commercial motor vehicle or being on duty instructional staff person, s. 948.095, Stats.
time while having any alcohol concentration, within 4 hours of (pg) Exposing genitals or pubic area to child, s. 948.10, Stats.
consuming alcohol or being intoxicated, or while possessingalcohol under s. 346.63 (7) (a), Stats., if the applicant has been (pr) Exposing a child to harmful material or harmful descrip- previously convicted of any offense under s. 346.63 (7) (a), tions or narrations, s. 948.11 (2) (a) or (am), Stats.
Stats., or any local ordinance in conformity with s. 346.63 (7) (q) Possession of child pornography, s. 948.12, Stats.
(a), Stats., or any federal law or law of a federally recognized (qg) Child sex offender working with children, s. 948.13 (2), American Indian tribe or band in this state or law of another jurisdiction that would be a violation of s. 346.63 (7) (a), Stats., (qr) Abandonment of a child, s. 948.21, Stats.
if the person had committed the offense in this state and been (r) Neglecting a child, s. 948.21, Stats.
convicted of the offense under the laws of this state.
(rg) Concealing death of a child (at birth), s. 948.23, Stats.
(f) Failure to stop and render assistance at the scene of a motor vehicle accident, s. 346.67 (1) (c), Stats.
(rr) Abduction of another’s child; constructive custody, s.
(fm) Assisting suicide under s. 940.12, Stats.
(s) Solicitation of a child to commit a felony, s. 948.35, Stats.
(g) Sexual exploitation by a therapist, s. 940.22 (2), Stats.
Note: Section 948.35, Stats., was repealed by 2001 Wis. Act 109, eff. 2−1−03.
(gm) Injury by intoxicated use of a vehicle under s. 940.25 (t) Contributing to the delinquency of a minor, s. 948.40, (h) Unsafe burning of building, s. 941.11, Stats.
(u) Leaving or storing a loaded firearm within the reach or (hm) Disarming a peace officer, s. 941.21, Stats.
easy access of a child, s. 948.55, Stats.
(i) Machine guns and other weapons, s. 941.26, Stats.
(v) Possession of firearm in school zone, s. 948.605, Stats.
(im) Possession of short−barreled shotgun or rifle, s. 941.28, (w) Any of the following drug−related crimes under s.
(j) Possession of a firearm by felon, s. 941.29, Stats.
1. Manufacture, distribution or delivery, s. 961.41 (1) (a) to (jm) Possession of electric weapon, s. 941.295, Stats.
(k) Use or possession of a handgun and an armor−piercing 2. Possession with intent to manufacture, distribute or bullet during crime, s. 941.296, Stats.
deliver, s. 961.41 (1m) (a) to (1m) (j), Stats.
(km) Firearm silencers, s. 941.298, Stats.
3. Distribution or delivery or attempt to deliver or distribute (L) Recklessly endangering safety, s. 941.30, Stats.
an imitation controlled substance, s. 961.41 (4) (am), Stats.
(Lm) Possession of explosives, s. 941.31, Stats.
(x) Keep or maintain any place for drug use, manufacture, (m) Placing foreign objects in edibles, s. 941.325, Stats.
keeping or delivering, s. 961.42 (1), Stats.
(mm) Tampering with household products, s. 941.327, Stats.
(y) Using a child for illegal drug distribution or manufactur- (n) Arson of buildings; damage of property by explosives, s.
(z) Distribution of controlled substances to persons under (nm) Arson of property other than buildings, s. 943.03, Stats.
(o) Arson with intent to defraud, s. 943.04, Stats.
(2) The department may not issue or renew a school bus
(om) Molotov cocktails, s. 943.06, Stats.
endorsement to any person who within the 5 years immediatelypreceding the date of application is convicted of any of the fol- lowing state laws or any local ordinance in conformity with any (pm) Unauthorized use of an individual’s personal identify- of the following state laws or any federal law or law of a feder- ing information or documents, s. 943.201, Stats.
ally recognized American Indian tribe or band in this state or law (q) Loan sharking, s. 943.28, Stats.
of another jurisdiction that would be a violation of any of the fol- (qm) Threats to injure or accuse of crime, s. 943.30, Stats.
lowing state laws if the person had committed the offense in this (r) Forgery, s. 943.38 (1) or (2), Stats.
state and been convicted of the offense under the laws of this (rm) Failure to comply with officer’s attempt to take person (a) Any felony under ch. 940, Stats., not listed in sub. (1).
(s) Assaults by prisoners, s. 946.43, Stats.
(am) Any conviction under ch. 948, Stats., not listed in sub.
(sm) Assisting or permitting escape, s. 946.44, Stats.
(t) Harboring or aiding felons, s. 946.47, Stats.
(b) Any felony in the commission of which a motor vehicle is used, except those offenses listed in sub. (1) or (3).
(tm) Kidnapped or missing persons; false information, s.
(bm) Fleeing from or attempting to elude a traffic officer, s.
(u) Destruction of documents subject to subpoena, s. 946.60, (c) Operating a motor vehicle under the influence of an intox- (um) Obstructing justice, s. 946.65, Stats.
icant or other drug or with a prohibited alcohol concentration, s.
346.63 (1), Stats.
(cm) Causing injury by operating a motor vehicle under the (vm) Any of the following drug−related crimes under s.
influence of an intoxicant or other drug under s. 346.63 (2), 1. Possession of piperdine, s. 961.41 (1n), Stats.
(d) Operating a motor vehicle with a prohibited alcohol con- 2. Possession – gamma−hydroxybutyric acid, gamma− centration while under the legal drinking age, s. 346.63 (2m), butyrolactone, ketamine or flunitrazepam, s. 961.41 (3g) (f), (dm) Operating a commercial motor vehicle with a prohib- 3. Conspiracy, s. 961.41 (1x), Stats.
ited alcohol concentration, s. 346.63 (5), Stats.
4. Counterfeit substances, s. 961.41 (2) (a) to (d), Stats.
Trans 112.18
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
5. Possession, s. 961.41 (3g), Stats.
son shall submit the certification on a form prescribed by the (w) Acquiring or obtaining possession of controlled sub- department. The department shall deny or cancel a school bus stance by fraud or forgery—counterfeit substance or packaging, endorsement based on a certification that the person has been so convicted. This certification shall be submitted to either the (x) Possession and disposal of waste from manufacture of employer, who shall maintain it as a portion of the driver’s record, or to the department on form MV3740, “School Bus orAlternative Vehicles Transporting Students Driver License (y) Any other felony not specified in this subsection or in sub.
(1) or (3) that has an element of the use or threat of use of force Note: Form MV3740 may be obtained at any DMV customer service center or
or the causing or the threat of causing injury to the life or bodily (2) The department shall conduct a criminal history record
(z) An attempt to commit, or being a party to commission of, search on each person who applies for issuance and renewal of any offense enumerated in this subsection.
a school bus endorsement, and on each person 4 years after the (3) The department may not issue or renew a school bus
initial issuance or renewal of that person’s school bus endorse- endorsement to any person who within the 2 years immediately preceding the date of application is convicted of any of the fol- (3) If a person applying for a school bus endorsement has
lowing state laws or any local ordinance in conformity with any resided in another state within the 2 years preceding the date of of the following state laws or any federal law or law of a feder- the application, the person shall notify the department of those ally recognized American Indian tribe or band in this state or law other states of residence and the approximate dates of the resi- of another jurisdiction that would be a violation of any of the fol- dency. Upon receiving that information, the department shall lowing state laws if the person had committed the offense in this make a good faith effort to obtain the person’s criminal history state and been convicted of the offense under the laws of this records from the other states of residence, including submitting the person’s fingerprints to the department of justice for a nation- (ae) Operating a motor vehicle while operating privileges are wide criminal history records search. The department may suspended or revoked or while the operator is disqualified, s.
require an applicant who has resided in another state within the previous 2 years to pay a fixed fee, in an amount not to exceedthe department’s costs, related to collecting fingerprints and (am) Reckless driving, s. 346.62, Stats.
completing the 2 criminal history records searches required at (as) Negligent operation of a motor vehicle, s. 941.01, Stats.
initial issuance or renewal and at 4 years after initial issuance or (b) Endangering safety by use of a dangerous weapon, s.
(4) The department may require any applicant for a school
(c) Obstructing emergency or rescue personnel, s. 941.37, bus endorsement to provide 2 sets of fingerprints for a criminal (d) Criminal damage to railroads, s. 943.07, Stats.
History: CR 04−117: cr. Register April 2005 No. 592, eff. 5−1−05.
(4) Any person who is disqualified from obtaining or renew-
Trans 112.16
License restrictions. (1) The depart-
ing a school bus endorsement because of that person’s convic- ment may restrict a person’s operating privilege based on any of tion for an offense listed under sub. (1) or (2) may provide evi- dence satisfactory to the department that the conviction was fora misdemeanor. Upon receiving the evidence, the department (a) A recommendation of a physician or vision specialist.
shall reduce the period of disqualification as follows: (b) The results of a driving examination or evaluation.
(a) Notwithstanding sub. (1) (intro.), for a misdemeanor con- (c) Failure to show the medical certificate of physical viction for an offense listed under sub. (1), the department may examination required by 49 CFR 391.43.
not issue or renew a school bus endorsement for that person for (2) License restrictions may require a person to wear correc-
5 years after the date of conviction. This paragraph does not tive lenses, use specially equipped vehicles, wear a hearing aid, apply to any misdemeanor conviction listed under s. Trans operate only during daylight hours, restrict a person’s driving area, or restrict a person’s operating privilege in any other man- (b) Notwithstanding sub. (2) (intro.), for a misdemeanor con- ner which the department deems necessary for safety purposes.
viction for an offense listed under sub. (2), the department may (3) License restrictions shall apply to all classes of vehicles
not issue or renew a school bus endorsement for that person for whose operation is authorized by the license, unless the restric- 2 years after the date of conviction.
tion is specifically limited to a certain class or classes.
Note: See s. 343.12, Stats., for additional offenses or traffic violations that may
(4) License restrictions may only be removed by the physi-
prohibit issuance of a school bus endorsement.
cian who recommended them, or by the department following (5) The department shall consider the law of another juris-
the department’s evaluation of the person’s ability to drive.
diction or federal law or law of a federally recognized American History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; CR 04−117: cr. (4)
Indian tribe or band in this state to be in substantial conformity Register April 2005 No. 592, eff. 5−1−05.
with an offense listed under sub. (1), (2) or (3) if the same ele-ments of the offense listed under sub. (1), (2) or (3) must be Trans 112.17
Periodic reports. The department may
proven under the law of another jurisdiction or under federal law require a person who has a progressive, recurring or debilitating or under a law of a federally−recognized American Indian tribe condition to submit to follow−up examinations and reports by a physician or vision specialist as a condition of licensure.
History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; CR 04−117: r. and
History: Cr. Register, April, 1991, No. 424, eff. 5−1−91.
recr. Register April 2005 No. 592, eff. 5−1−05; subs. (1) and (2) renum. under
13.93 (2m) (b) 1., Stats., Register April 2005 No. 592; correction in (2) (x) made
Trans 112.18
Driving evaluation. If a physician or
under s. 13.93 (2m) (b) 7., Stats.
vision specialist recommends that the person complete a test ofdriving ability, and the department deems that person eligible, Trans 112.155
Condition of employment for
the driving evaluation or examination shall be in a vehicle repre- school bus drivers. (1) The department shall require any
sentative of the highest licensing classification the person holds person who applies for issuance or renewal of a school bus or for which the person is applying.
endorsement to certify whether he or she has been convicted of History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; CR 04−117: am. Reg-
any offense listed under s. Trans 112.15 (1), (2) or (3). The per- ister April 2005 No. 592, eff. 5−1−05.
Trans 112.19
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
Trans 112.19
Notice of departmental licensing
review of the department’s licensing action.
actions. (1) Persons affected by any departmental licensing
(2) A review board may assess the person’s medical history
action shall be given written notice thereof by first class mail and may recommend that an exception be granted by the depart- sent to the person’s most recent mailing address on file with the ment if, in the review board’s medical opinion, the person’s med- ical condition does not impair the person’s ability to safely oper- (2) A notice of license denial or cancellation shall include
ate the class or type of motor vehicle for which the person’s the specific reasons for the action and information on applicable operating privilege has been denied. No exceptions may be granted to the standards of ss. Trans 112.03 (2), 112.05 (3) (b) History: Cr. Register, April, 1991, No. 424, eff. 5−1−91.
1. to 3., 112.10 (3) (c) 1. or 112.14 (3) (e) 1. and 2., and a personwho does not meet those standards may not request a review Trans 112.20
Review boards. (1) A person whose
license is denied or canceled under ss. Trans 112.05 to 112.14 History: Cr. Register, April, 1991, No. 424, eff. 5−1−91; am. (2), Register,
November, 1993, No. 455, eff. 12−1−93; CR 04−117: am. (2) Register April 2005
may request an appearance before a review board to obtain a No. 592, eff. 5−1−05.

Source: http://www.dot.state.wi.us/statepatrol/docs/trans112.pdf