Wisconsin Administrative Code
Department of Transportation
Chapter Trans 102 - Operator's Licenses And Identification Cards
Section Trans 102.23 - Military, firefighting, farmer and emergency government CDL exemptions
Current through February 26, 2024
(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:
(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:
Note: National guard military technicians are civilians who are required to wear military uniforms. 49 CFR 383.3(c).
(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:
Note: Section 990.001(16), Stats., includes a chart that makes the relationships described in this section easier to understand.
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:
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:
Wisconsin has not adopted restricted CDL license waivers for the pyrotechnic industry permitted at 49 CFR 383.3(g).