Section 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or improperly constructed or equipped for use as an ambulance, or if the ambulance service provider's license has been revoked, the inspector shall attach an "OUT OF SERVICE" sticker to the glass in the rear door of the vehicle.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.(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.Wis. Admin. Code Department of Transportation Trans 309.03
Cr. Register, October, 1986, No. 370, eff. 11-1-86; am. (1), (3) (a) and (b) 1. intro., r. (3) (b) 1. b., renum. (3) (b) 1.c. and d. to be (3) (b) 1. b. and c., Register, April, 1994, No. 460, eff. 5-1-94; am. (1), (3) (b) 1. (intro.), a., b., 2. and (4), cr. (1m), (1r) and (5) to (7), Register, February, 1999, No. 518, eff. 4-1-99.Amended by, CR 19-074: am. (title), cr. (1g), am. (3) (a), (b) 1. (intro.), a., (4), cr. (5) (j) to (t), am. (7), cr. (8), (9) Register October 2020 No. 778, eff. 11-1-20; correction in (3) (b) 1. (intro.), a., (4), (8) (b), (9) (b) made under s. 35.17, Stats., Register October 2020 No. 778, eff. 11/1/2020Amended by, CR 22-048: am. (4) Register July 2023 No. 811, eff. 8/1/2023