Section Trans 309.07 - Variances(1) The department may grant a variance if it determines that the lack of such variance will create an undue hardship in meeting the emergency medical service needs of the community the applicant serves.(2) In determining whether an undue hardship may be created if a variance is not granted, the department shall consider all of the following: (a) The kind and amount of emergency medical services available in the immediate area served by the applicant.(b) The presence of other ambulance service providers in surrounding communities that might be available to assist in emergencies through mutual aid agreements or other similar arrangements.(c) The number and type of emergency and nonemergency service calls made by the applicant within the 2-year period immediately preceding the date of application.(d) Any plans developed by the applicant to upgrade the existing vehicles to established specifications.(e) Any other information that may be relevant to the question of the need for a variance in the particular case.(3) Each application for a variance shall be referred by the department to the department of health services for review and recommendation. The department shall give great weight to such recommendation when deciding whether a variance should be granted.(4) The issuance of a variance to any person for any ambulance does not exempt that vehicle from the biennial inspection requirements imposed in this chapter.(5) The right to continue operation of an ambulance for which a variance has been granted or recognized under this section is not transferable to any other person or vehicle and a copy of the variance must be carried in the ambulance at all times.Wis. Admin. Code Department of Transportation Trans 309.07
Cr. Register, October, 1986, No. 370, eff. 11-1-86; am. (1) and (4), Register, April, 1994, No. 460, eff. 5-1-94; r. (1) and (4), renum. (2) (a), (b) (intro.), 1. to 5., (5) and (6) to be (1) and (2) (intro.), (a) to (e), (4) and (5) and am. (2) (intro.) to (d)., (4) and (5), Register, February, 1999, No. 518, eff. 4-1-99; correction in (3) made under s. 13.92(4) (b) 6, Stats., Register December 2010 No. 660.Amended by, CR 19-074: am. (5) Register October 2020 No. 778, eff. 11/1/2020