LRB-2758/2
BAB:cjs:rs
2007 - 2008 LEGISLATURE
March 4, 2008 - Introduced by Representatives Hixson and A. Williams,
cosponsored by Senator Lehman. Referred to Committee on Transportation.
AB910,1,5
1An Act to amend 346.03 (1); and
to create 20.395 (5) (ru), 85.57 and 346.03 (7)
2of the statutes;
relating to: creating an ambulance driver safety program in
3the Department of Transportation, rules of the road applicable to the operation
4of ambulances, requiring the exercise of rule-making authority, and making an
5appropriation.
Analysis by the Legislative Reference Bureau
Under current law, authorized emergency vehicles include police vehicles, fire
department vehicles, and ambulances. When an authorized emergency vehicle is
responding to an emergency call or in pursuit of an actual or suspected violator of the
law, the operator is exempt from traffic restrictions relating to parking if the operator
activates the vehicle's warning lights. The operator of an authorized emergency
vehicle is also exempt from traffic restrictions relating to speed, traffic signals, and
direction of travel if the operator activates the vehicle's warning lights and siren, but
must drive with due regard under the circumstances for the safety of all persons.
Under current law, ambulance operators are not required to participate in or
complete any specialized driver training program.
This bill requires the Department of Transportation (DOT) to establish and
administer an ambulance driver safety program. For the authorized emergency
vehicle exemption from traffic restrictions to apply, persons operating ambulances
must successfully complete an ambulance driver safety course and receive
certification from DOT. The bill requires DOT to promulgate rules setting
ambulance operation standards, base the ambulance driver safety course upon those
standards, and establish a written examination and any other instruction or
examination considered by DOT to be necessary. DOT must review and if necessary
revise those standards biennially. DOT must establish a system of recertification for
ambulance drivers, requiring recertification every three years. The bill requires
applicants for recertification to pass the written examination required for initial
certification as ambulance drivers and retake the ambulance driver safety course
every nine years. Finally, the bill requires DOT to advise ambulance owners of the
safety program and these new requirements for ambulance drivers.
The bill also authorizes driver schools and technical colleges that offer
emergency vehicle operator courses that have met criteria established by rule and
paid a fee to be certified by DOT as third-party ambulance driver safety course
administrators. A third-party administrator may test applicants for certification
and recertification as ambulance drivers, as well as conduct the ambulance driver
safety course.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB910, s. 1
1Section
1. 20.395 (5) (ru) of the statutes is created to read:
AB910,2,52
20.395
(5) (ru)
Ambulance driver safety course administrator certification, state
3funds. All moneys received from fees under s. 85.57 (6) (b), for the purpose of
4certifying 3rd-party ambulance driver safety course administrators under s. 85.57
5(6) (a).
AB910, s. 2
6Section
2. 85.57 of the statutes is created to read:
AB910,2,9
785.57 Ambulance driver safety program. (1) The department shall
8establish and administer an ambulance driver safety program to promote the safe
9operation of ambulances.
AB910,3,4
10(2) The program under this section shall include providing a safety training
11course to operators of ambulances under s. 340.01 (3) (g) or (i). Training shall be
12consistent with the standards established under sub. (3) (a) and shall meet the
13requirements established under sub. (3) (b). The department shall provide
1certification to each person who successfully completes an ambulance driver safety
2course under this subsection. This certification shall expire every 3 years. A person
3whose certification has expired or is nearing expiration may be recertified as
4provided by rule under sub. (3) (c).
AB910,3,6
5(3) The department shall promulgate rules to implement and administer this
6section, including rules that do all of the following:
AB910,3,87
(a) Establish standards for the safe operation of ambulances under s. 340.01
8(3) (g) or (i), including emergency driving techniques.
AB910,3,139
(b) Establish a minimum mandatory curriculum and establish required
10components for the ambulance driver safety course under sub. (2), which shall
11include duration of the course, standards for a required written examination,
12standards for a required ambulance driving skills test, and any other standards for
13instruction or examination considered necessary by the department.
AB910,3,1914
(c) Establish a system for recertification of ambulance operators under sub. (2).
15The rules under this paragraph shall require that ambulance operators seeking
16recertification must pass the written examination established under par. (b) and
17must, at least once every 9 years after the initial certification, retake the ambulance
18driver safety course under sub. (2) and pass any examinations required for initial
19certification.
AB910,3,2120
(d) Establish requirements for certification of 3rd-party ambulance driver
21safety course administrators under sub. (6).
AB910,3,2322
(e) Establish standards and procedures for administering 3rd-party
23ambulance driver safety courses under sub. (6).
AB910,4,3
1(4) The department shall review and, if considered appropriate by the
2department, propose rules to revise the standards established under sub. (3) (a) not
3later than June 30 of each even-numbered year.
AB910,4,5
4(5) The department shall inform ambulance owners of the program under this
5section and of the standards and requirements established under sub. (3).
AB910,4,16
6(6) (a) A driver school licensed under s. 343.61 or a technical college that offers
7emergency vehicle operator courses may be certified by the department as a
83rd-party ambulance driver safety course administrator pursuant to the rules
9promulgated under sub. (3) (d) and, if certified, may contract with the department
10to administer an ambulance driver safety course under sub. (2) and certify to the
11department if an applicant for certification or recertification under sub. (2) has
12successfully completed the course. A 3rd-party ambulance driver safety course
13administrator contracting with the department under this paragraph may also
14conduct written examinations for recertification under sub. (3) (c). A contract with
15a 3rd-party ambulance driver safety course administrator shall include all of the
16following provisions:
AB910,4,1917
1. All instruction given and examinations conducted by the 3rd-party
18administrator shall comply with the standards established by the department under
19sub. (3) (b) and (e).
AB910,4,2520
2. A 3rd-party administrator under this subsection shall certify to the
21department if an applicant for certification or recertification under sub. (2) has
22successfully completed the ambulance driver safety course or if an applicant for
23recertification has passed the written examination under sub. (3) (c), within 5 days
24after the applicant completed the course or examination, using procedures
25established by the department under sub. (3) (e).
AB910,5,4
13. At least annually, the department shall conduct an on-site inspection of the
23rd-party administrator to determine compliance with the contract and with
3department certification requirements for 3rd-party ambulance driver safety course
4administrators under sub (3) (d).
AB910,5,105
(b) Driver schools and technical colleges seeking certification as 3rd-party
6ambulance driver safety course administrators shall pay a certification fee to the
7department in an amount established by the department. The fee for the 3rd-party
8administrator certification under this paragraph may not exceed the actual cost of
9reviewing and processing the application for certification. Fees collected under this
10paragraph shall be credited to the appropriation account under s. 20.395 (5) (ru).
AB910,5,1811
(c) The department shall take prompt and appropriate remedial action against
12a 3rd-party administrator in the event that the administrator fails to comply with
13department standards for ambulance driver safety course administrators or any
14provision of the contract under this subsection. Such action may include immediate
15termination of any ambulance driver safety courses administered by the 3rd-party
16administrator and recovery of damages incurred by the department as a result of the
173rd-party administrator's failure to comply with standards under this subsection or
18provisions of the contract under this subsection.
AB910,6,221
346.03
(1) The operator of an authorized emergency vehicle, when responding
22to an emergency call or when in the pursuit of an actual or suspected violator of the
23law, when responding to but not upon returning from a fire alarm, when transporting
24an organ for human transplantation, or when transporting medical personnel for the
25purpose of performing human organ harvesting or transplantation immediately
1after the transportation, may exercise the privileges set forth in this section, but
2subject to the conditions stated in subs. (2) to (5m)
and (7).
AB910, s. 4
3Section
4. 346.03 (7) of the statutes is created to read:
AB910,6,64
346.03
(7) The privileges granted under this section apply to the operator of an
5ambulance under s. 340.01 (3) (g) or (i) only if the operator of an ambulance holds a
6current certification under s. 85.57 (2).
AB910,6,118
(1)
The department of transportation shall submit in proposed form the rules
9required under section 85.57 (3) of the statutes, as created by this act, to the
10legislative council staff under section 227.15 (1) of the statutes no later than the first
11day of the 7th month beginning after the effective date of this subsection.
AB910,6,1413
(1) This act first applies to ambulances operated on the effective date of this
14subsection.
AB910, s. 7
15Section
7.
Effective dates. This act takes effect on the first day of the 19th
16month beginning after publication, except as follows:
AB910,6,1817
(1)
The treatment of
Section 5 (1) of this act takes effect on the day after
18publication.
