reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 75 - Bikeways and sidewalks in highway projects › Section Trans 75.04 - Excessively disproportionate cost

Current through June 24, 2024
(1) WHEN FACILITIES
			 ARE NOT REQUIRED. Notwithstanding s.
			 Trans
			 75.02, bikeways and sidewalks are not required on any
			 highway on which the cost of establishing bikeways or sidewalks would be
			 excessively disproportionate to the need or probable use of the bikeways or
			 sidewalks. Cost is excessively disproportionate to the need or probable use of
			 the bikeways or sidewalks if it exceeds 20 percent of the estimated total
			 project cost.
(2) COSTS CONSIDERED.
			 The cost of establishing a bikeway or sidewalk shall consider only the marginal
			 cost of establishing any new or expanded bikeway or sidewalk and may not
			 include any cost to reestablish any existing bikeway or sidewalk. Costs shall
			 include only construction costs and the cost to acquire any real estate needed
			 for a bikeway or sidewalk. Only 20 percent of the cost to acquire real estate
			 needed for a bikeway or sidewalk shall be considered a cost of the bikeway or
			 sidewalk if all of the following apply:
(a)
			 Existing right of way is sufficiently wide to establish the bikeway and
			 sidewalk were the highway construction or reconstruction project to occur
			 without any additional travel lane.
(b) Additional real estate is needed to
			 accommodate all needed travel lanes, bikeways and sidewalks.
Note: For example, a highway reconstruction project may require
				a gravel shoulder of sufficient width. Paving the shoulders could establish a
				bikeway. The cost to establish the bikeway shall consider only the cost of
				paving the shoulder, not the cost of the gravel shoulder. If the shoulder is
				widened for the bikeway beyond that ordinarily required for the roadway, the
				excess shoulder costs shall be considered costs to establish the bikeway, in
				addition to the cost of repaving the entire shoulder.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 75 - Bikeways and sidewalks in highway projects › Section Trans 75.05 - Constrained environments

Current through June 24, 2024
(1) Notwithstanding
			 s.
			 Trans
			 75.02 and subject to subs. (3) and (4), bikeways and
			 sidewalks are not required in a constrained environment if establishing them
			 would have excessive negative impacts. A "constrained environment" is any area
			 in which structures, improvements, natural resources, or historical or
			 archaeological sites adjacent to the highway do not allow construction of all
			 of the following on each side of the roadway unless the obstruction is
			 eliminated:
(a) A terrace at least 3 feet
			 wide, including the width of the curb, and having no sidewalk.
(b) A sidewalk that is either of the
			 following:
1. Five feet wide, if adjacent to a
			 terrace at least 3 feet wide.
2.
			 Six feet wide, if adjacent to a curb or a terrace less than 3 feet
			 wide.
(c) A
			 bikeway.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 75 - Bikeways and sidewalks in highway projects › Section Trans 75.06 - Absence of need

Current through June 24, 2024
(1) In this section:
(a) "Average daily traffic" or "ADT" means
			 the total traffic volume during a stated period divided by the number of days
			 in that stated period.
(b)
			 "Outlying district" means the territory contiguous to and including any highway
			 within the corporate limits of a city or village where on each side of the
			 highway within any 1,000 feet along such highway the buildings in use for
			 business, industrial or residential purposes fronting thereon average more than
			 200 feet apart.
(c) "Rural area"
			 means any area that is not an urban area or a semi urban district.
(d) "Semi urban district" means the territory
			 contiguous to and including any highway where on either side of the highway
			 within any 1,000 feet along such highway the buildings in use for business,
			 industrial or residential purposes fronting thereon average not more than 200
			 feet apart or where the buildings in use for such purposes fronting on both
			 sides of the highway considered collectively average not more than 200 feet
			 apart.
Note: This will include most areas within small cities and
				villages that do not have a population large enough to be classified as an
				urban area.
(e) "Urban
			 area" means any area which is an urbanized area or urban place, as determined
			 by the department under
			 23 USC
			 101(a) and regulations
			 adopted under
			 23 USC
			 101(a) and approved by the
			 appropriate federal authority.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 75 - Bikeways and sidewalks in highway projects › Section Trans 75.07 - Maintenance agreements; sidewalks

Current through June 24, 2024
(1) Notwithstanding
			 s.
			 Trans
			 75.02, an authority may omit sidewalks from a highway
			 construction or reconstruction project if the local governmental unit refuses
			 to agree in writing to maintain them. A refusal is valid under this section
			 only if shown by ordinance, resolution or order of the city, village, town or
			 county in which the highway lies. This section applies only in areas in which
			 all of the following applies:
(a) There are no
			 sidewalks in the highway system under the authority's jurisdiction.
(b) The city, village, town or county has no
			 ordinance that requires the installation of sidewalks or that requires the
			 removal of snow and ice from sidewalks.
(c) The city, village, town or county lacks
			 sufficient equipment for the efficient removal of snow or ice from
			 sidewalks.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.01 - Purpose and scope

Current through June 24, 2024
(1) STATUTORY AUTHORITY. As authorized by ss.
			 85.16(1),
			 227.11,
			 and
			 343.02,
			 Stats., the purpose of this chapter is to administratively interpret s.
			 343.23(2),
			 Stats., relating to department records, ss.
			 344.01
			 to
			 344.48, Stats.,
			 relating to financial responsibility in accidents, s.
			 346.70,
			 Stats., relating to accident reporting, and ss.
			 344.25
			 to
			 344.27,
			 Stats., relating to damage judgments.
(2) APPLICABILITY. This chapter applies to
			 any person involved in a motor vehicle accident in Wisconsin as specified in
			 ss.
			 344.12,
			 344.25
			 and
			 346.70,
			 Stats.
For information on occupational licenses, see s.
				  Trans
				  117.03(2) (k). Forms used in this
				  chapter are MV 3038 resolution authorizing power of attorney under ch. 344,
				  Stats., MV 3039 minors release, MV 3041 release of liability, MV 3657
				  evaluation of property damage, MV 3656 evaluation of personal injuries, MV 3658
				  evaluation of motor vehicle damage, MV 3069 application for self-insurance, MV
				  3070 safety responsibility self-insurance certificate, MV 3128 installment
				  agreement to pay damages, MV 3347 emergency vehicle involvement, MV 3384 safety
				  responsibility information, and MV 3387 reinstatement instructions, DT 4000
				  Wisconsin motor vehicle accident report, DT 4002 Wisconsin motor vehicle
				  accident report. Forms may be obtained, free of charge, from Wisconsin
				  Department of Transportation, Uninsured Motorist Unit, P.O. Box 7999, Madison,
				  WI 53707-7999.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.025 - Accident involvement

Current through June 24, 2024
(1) A vehicle or person shall be considered
			 to have been involved in an accident if any of the following conditions are
			 met:
(a) The person is injured by an
			 accident.
(b) The person or the
			 vehicle's operator commits some act that contributes to cause an accident,
			 regardless of physical contact.
(c)
			 The vehicle is damaged in an accident.
(d) The vehicle makes contact with any other
			 person or property and causes damage.
(e) The vehicle is damaged by a failure of a
			 mechanical or electrical system resulting in fire or accident when it is in use
			 primarily for moving persons or property, including the vehicle itself, from
			 one place to another and is in motion, or in readiness for motion, and is
			 unattended and not legally parked in a designated parking area.
(f) Property, parts or debris falls from the
			 vehicle and causes an accident.
(g)
			 A vehicle contacts or avoids debris or property on a roadway that has fallen
			 from another vehicle or is not ordinarily found in a roadway, and causes an
			 accident.
(h) The vehicle moves
			 without an operator controlling its movements and causes an accident.
(i) One or more doors or any part of the load
			 of a parked vehicle extends into an adjoining space intended for vehicular
			 travel and an accident occurs as a result of that extension.
Note: Accidents may be the result of "acts of God," or
				negligence or intentional acts. s.
				Trans
				100.02(1).
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.04 - Required accident information

Current through June 24, 2024
(1) ACCIDENT REPORT
			 FORM REQUIRED. Under s.
			 346.70(2),
			 (3m) and (4), Stats., the police, operator,
			 owner or occupant shall complete and submit all accident information requested
			 on the forms or in the automated format approved by the department.
Note:
Forms MV 4000 Wisconsin Motor Vehicle
				Accident Report and MV 4002 Driver Report of Accident.
(2) INCOMPLETE REPORTS. The department may
			 accept an accident report with incomplete accident information if the
			 information is provided to the department from another credible source or is
			 not available.
(3) LACK OF
			 INSURANCE REPORTED. When any accident report or notice from a person or insurer
			 filed with the department within one year of an accident indicates that an
			 operator or motor vehicle involved in an accident had no liability insurance
			 coverage in effect at the time of an accident, the department may require the
			 operator or owner, or both, to do one of the following:
(a) Deposit security under s.
			 344.13,
			 Stats.
(b) Provide evidence that a
			 policy was, in fact, in effect.
(c)
			 Provide evidence that the accident is exempt from the requirements of s.
			 344.14(1)
			 and (1m), Stats.
Note:
See s.
				344.14(2),
				Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.05 - Recording accident on operator's record

Current through June 24, 2024
(1) All accidents
			 in which the operator was involved shall be identified on a public driver
			 record abstract prepared under s.
			 343.23(2),
			 Stats., unless any of the following apply:
(a) The vehicle was legally parked as
			 described in s. Trans 100.025 (2).
(b) The accident did not meet the criteria
			 requiring reporting to the department under s.
			 346.70(1),
			 Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.06 - Determining the reasonable possibility of a judgment

Current through June 24, 2024
(1) The department
			 may use any of the following sources of information to determine whether an
			 uninsured operator or owner, based on a preponderance of evidence, is exempt
			 under s.
			 344.14(2)
			 (k), Stats., from the security requirements
			 of ch. 344, Stats.:
(a) Operator reports of
			 accidents.
(b) Law enforcement
			 agency reports of accidents.
(c)
			 Other information, such as statements of witnesses to the accident and
			 supplementary reports from the investigating law enforcement agency.
(d) Records of convictions or other
			 information on file with the department.
(e) Accident reconstruction
			 reports.
(f) Notices of payment of
			 claims issued by insurance companies.
(g) Coroner reports, except blood test
			 results received by the department under s.
			 346.71(2),
			 Stats.
Note: Blood test results obtained from police reports or other
				sources may be considered by the Department.
(h) Investigator reports.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.07 - Determination of security amount

Current through June 24, 2024
(1)  DEFINITIONS.
			 In this section, "evaluation report" means an evaluation of personal injury
			 report, evaluation of property damage report or evaluation of motor vehicle
			 damage report submitted by a person to the department to document the amount of
			 a claim resulting from an accident.
Note:
Forms MV 3656 evaluation of personal injury
				report, MV 3657 evaluation of property damage report and MV 3658 evaluation of
				motor vehicle damage report, are provided to persons in appropriate cases by
				the Division of Motor Vehicles Uninsured Motorist Unit, P. O. Box 7999,
				Madison, WI 53707-7999, (608) 266-1249.
(2) EVALUATION REPORTS.
(a) If the department determines that one or
			 more people involved in an accident were uninsured, the department may mail
			 evaluation reports to all other persons involved in the accident. The date on
			 which the department first mails evaluation reports to any person shall be
			 considered the mailing date" under this subsection. The department shall mail
			 the evaluation reports to the address provided in the accident
			 report.
(b) In determining the
			 amount of security required:
1. The department
			 shall consider evaluation reports filed with the department within 21 days of
			 the mailing date.
2. The department
			 may consider an evaluation report filed with the department more than 21 days
			 after the mailing date if it meets all of the following requirements:
a. No final determination of the amount of
			 security required has been made.
b.
			 The report is received by the department within one year of the accident
			 date.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.08 - Security deposit

Current through June 24, 2024
(1) Acceptable forms of security required
			 under ss.
			 344.14
			 and
			 344.17,
			 Stats., are any of the following:
(a) United
			 States currency.
(b) A cashier's
			 check or draft.
(c) A money
			 order.
(d) A financial institution
			 check or draft.
(e) A certified
			 personal or business check or draft.
(f) An attorney trust account check or
			 draft.
(g) A surety bond.
Note: Forms MV 3016-Security Deposit Receipt, MV 3043-Bond
				under Chapter 344 Stats., and MV 3385-Informational Letter to Injured
				Parties.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.11 - Notice of subrogation

Current through June 24, 2024
(1) An insurer may file a notice of
			 subrogation with the department at any time.
(2) Acceptable notice of subrogation is any
			 of the following:
(a) A copy of a subrogation
			 receipt signed by the insured.
(b)
			 Proof of payment made as follows:
1. A copy of
			 the insurer's cancelled check endorsed by the insured or a third party that
			 provided services to the insured for damages resulting from the accident, such
			 as an automobile repair facility.
2. If a copy of the endorsement is not
			 readily available, a written certification of the insurer that payment was
			 accepted by the payee named on the check.
3. If a copy of the check is not readily
			 available, an insurer may submit a copy of a corporate payment record together
			 with a certification that the payment was accepted by the insured party or a
			 third party that provided services to the insured for damages resulting from
			 the accident, such as an automobile repair facility.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.15 - Reinstatement requirements

Current through June 24, 2024
(1) FEE
			 REQUIREMENTS. Except as provided in sub. (3), a person shall pay the following
			 fees as a condition of reinstating an operating privilege or motor vehicle
			 registration that is suspended or revoked under ch. 344, Stats.:
(a) A person whose motor vehicle registration
			 has been suspended or revoked under ch. 344, Stats., shall pay the
			 reinstatement fee specified in s.
			 341.36(1m),
			 Stats.
(b) A person whose operating
			 privilege has been suspended or revoked under ch. 344 shall pay the
			 reinstatement fee specified in s.
			 343.21(1) (j),
			 Stats.
(c) Persons subject to both
			 motor vehicle registration and operating privilege suspensions shall pay all
			 fees required under pars. (a) and (b).
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.16 - Self-insurance

Current through June 24, 2024
(1) The department shall issue a certificate
			 of self-insurance to a person under the following conditions:
(a) The person owns more than 25 motor
			 vehicles which are registered in Wisconsin;
(b) An application for self-insurance is
			 completed, and
(c) The person's
			 application and a financial statement, signed during the last calendar year,
			 indicate that the person has and will continue to have the ability to pay
			 judgments arising out of motor vehicle accidents.
Note:
Forms MV 3069-Application for Self-Insurance
				and MV 3070-Safety Responsibility Self-Insurance Certificate.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.17 - Transfer of vehicle ownership

Current through June 24, 2024
(1) A transfer of
			 ownership of any motor vehicle that has its registration suspended or revoked
			 or is subject to suspension or revocation under s.
			 344.14,
			 Stats., may not be allowed under any of the following circumstances:
(a) The owner whose registration is
			 suspended, revoked or subject to suspension continues to have possession of,
			 use of, or receive any benefit from the operation of the motor
			 vehicle.
(b) The transferee resides
			 at the same address as the transferor.
(c) The transferee is unable to prove that
			 adequate consideration was paid for the motor vehicle.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.19 - File purge criteria

Current through June 24, 2024
(1) The department may purge references to
			 accidents from the department's online database of driver records twice per
			 year or with such increased frequency as the secretary deems
			 appropriate.
(2) An accident may be
			 removed from a driver record if more than 4 years from the date of the accident
			 have elapsed when the purge is conducted.
(3) A safety responsibility suspension or
			 revocation case entry may be removed from a driver record if 5 years from the
			 effective date of the suspension or revocation, or 3 years from the operator's
			 reinstatement eligibility date, whichever is longer, have elapsed at the time
			 the purge is conducted.
(4) After a
			 damage judgment is satisfied or discharged, the damage judgment suspension or
			 revocation case entry may be removed from a driver record at the time a purge
			 is conducted if 3 years from the date the person meets one of the criteria in
			 s.
			 Trans 100.18(1) (a) or
			 (e), or 5 years from the date of the
			 suspension or revocation, whichever is longer, have elapsed.
(5) After a damage judgment debt is
			 discharged in a bankruptcy proceeding, the damage judgment suspension or
			 revocation case entry may be removed from the debtor's driver record at the
			 time a purge is conducted if 3 years from the date the debtor is discharged
			 from liability for the accident in a bankruptcy proceeding, or 5 years from the
			 date of the suspension or revocation, whichever is longer, have
			 elapsed.
The Department conducts system wide "purges" of its driver
				  database once or twice per year, usually over weekends around the 1st of the
				  year and the 1st of July. A record entry is removed if it meets purge criteria
				  on the date a purge is conducted. Entries are not removed on anniversary dates,
				  but rather, in the first purge conducted after the appropriate anniversary
				  date.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.25 - Mandatory insurance

Current through June 24, 2024
(1) EXCEPTIONS. The purpose of this section
			 is to implement and administer the provisions of subch. VI of ch. 344, Stats.,
			 relating to mandatory insurance requirements and exceptions to the requirement
			 of having automobile insurance in Wisconsin.
(2) DEPOSITS IN LIEU OF MANDATORY INSURANCE.
			 A person making a deposit with the department under s.
			 344.63,
			 Stats., shall file a complete application with the department containing all
			 required information. In addition, the person shall provide the additional
			 materials or information and deposit in the form required in subs. (3) to
			 (5).
(3) CASH DEPOSITS.
(a) For purposes of s.
			 344.63(1)
			 (d), Stats., any of the following shall be
			 considered a deposit of cash with the department:
1. United States currency.
2. A cashier's check or draft.
3. A money order.
4. A financial institution check or
			 draft.
5. A certified personal or
			 business check or draft.
6. An
			 attorney trust account check or draft.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 101 - Demerit Point System And Graduated Driver License Restriction Extensions › Section Trans 101.01 - Purpose and definitions

Current through June 24, 2024
(1) The purpose of
			 this chapter is to administratively interpret those portions of chs. 343 to
			 349, Stats., relating to establishing a traffic violation demerit point system,
			 and to administratively interpret provisions of the statutes related to the
			 revocation and suspension of a person's operating privilege.
(2) The words and phrases defined in ss.
			 340.01
			 and
			 343.01,
			 Stats., have the same meaning in this chapter, except as provided in sub.
			 (3).
(3) In this chapter:
(a) "Federal traffic law" means any federal
			 law that is in strict conformity with a state traffic law.
(b) "Point case" or "demerit point case"
			 means a suspension of operating privileges imposed upon an individual under s.
			 343.32(2),
			 Stats., and this chapter, as the result of the accumulation of demerit points.
			 A conviction shall be considered part of a point case if the demerit points
			 assessed for the conviction are used as part of the total in determining
			 whether to suspend a person's operating privilege for accumulation of demerit
			 points.
(c) "Released," when used
			 with reference to a point case, means that the department has vacated a demerit
			 point suspension affecting a driver due to the appeal, vacation, reversal, or
			 amendment of a conviction that results in the driver not being subject to a
			 suspension for accumulation of demerit points.
(d) "State traffic law" means any law under
			 ch. 194, chs. 340 to 348 and ch. 351, Stats., in which the movement or
			 operation of a motor vehicle is an element of the offense.
(e) "Tribal traffic law" means a law enacted
			 by a federally-recognized American Indian tribe or band in this state that
			 strictly conforms to a provision in chs. 341 to 348, Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 101 - Demerit Point System And Graduated Driver License Restriction Extensions › Section Trans 101.02 - Point schedule

Current through June 24, 2024
Pursuant to s.
				343.32(2),
				Stats., the department has established this demerit point system to identify
				habitually reckless or negligent operators or those who have repeatedly
				violated traffic laws. Upon receipt of a notice of conviction for an offense
				under the state traffic laws, a local ordinance, a tribal or federal traffic
				law, a violation of s.
				UWS 18.04, or a
				traffic regulation, the department shall assess demerit points against the
				driver record of the person convicted of the offense in the manner and to the
				extent required by this section and s.
				343.32,
				Stats. The following scale lists violations according to the number of demerit
				points assessed, with higher point values being assessed for more severe
				offenses:
(1) SIX DEMERIT POINT
			 VIOLATIONS. The department shall assess 6 demerit points for any of the
			 following violations:
(a) Failure to perform
			 duty after accident under s.
			 346.67
			 or
			 346.68,
			 Stats.
(b) Fleeing or attempting to
			 elude an officer, or knowingly resisting an officer by failing to stop a
			 vehicle.
(e) Operating commercial
			 vehicle with alcohol concentration of 0.04 or more but less than 0.1 and
			 causing injury.
(f) Operating while
			 intoxicated and causing injury.
(g)
			 Operating while under influence of intoxicant or controlled substance, or with
			 a prohibited alcohol concentration.
(h) Racing on public highway or engaging in a
			 contest of speed or endurance.
(i)
			 Reckless driving.
(j) Speeding 20
			 miles per hour or more in excess of lawful or posted speed.
(k) Failure to stop at a railroad
			 crossing.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 101 - Demerit Point System And Graduated Driver License Restriction Extensions › Section Trans 101.03 - Warnings

Current through June 24, 2024
The department may notify any operator of the points charged
				against the person's driver record when the record shows the person has
				accumulated 6 or more points in a 12-month period.
Under Graduated Driver Licensing, few drivers receive warning
				  letters before being suspended for demerit points. This is because ch. 343,
				  Stats., has reinstated point doubling. A probationary driver with any prior
				  violation on his or her record who is convicted of a 6-point violation will be
				  assessed 12 points for that offense and be immediately suspended. Similarly, a
				  driver who accumulates two 4-point offenses will be summarily suspended without
				  warning. The first 4-point ticket will not trigger a warning under this rule.
				  The second 4-point ticket will result in an 8-point assessment after doubling,
				  resulting in a total of 12 demerit points and a suspension.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 101 - Demerit Point System And Graduated Driver License Restriction Extensions › Section Trans 101.04 - Suspension of license for accumulation of demerit points

Current through June 24, 2024
(1) The department
			 shall suspend the operating privilege of any person whose driver record shows
			 the accumulation of 12 points for violations committed within any 12-month
			 period.
Note: The date offenses were committed is used by the
				Department to determine point cases. Violation dates are inviolate and may not
				be changed by a court to subvert the intent of these rules or other statutory
				requirements. State v. DeBruin, 140 Wis. 2d 631 (Ct. App. 1987); State v.
				Walczak, 157 Wis. 2d 661 (1990).
(3) Except as provided in sub. (3m) with
			 respect to probationary driver licenses, the following demerit point
			 accumulations, calculated from the date of violation, shall result in the
			 following suspension periods:
Demerit Points Accumulated in a 12-month
							 Period
Length of Suspension
12 to 16 points
2 months
17 to 22 points
4 months
23 to 30 points
6 months
More than 30 points
1 year
(3m)
			 Notwithstanding subs. (1) and (3), the following demerit point accumulations,
			 calculated from the date of violation, shall result in the following suspension
			 periods, if the driver holds an instruction permit or a probationary driver
			 license, or would be issued an instruction permit or probationary driver
			 license upon proper application and meeting other requirements:
Demerit Points Accumulated in a 12-month
							 Period
Length of Suspension
12 to 30 points
6 months
More than 30 points
1 year
Note: See s.
				343.32(2)
				(a) and (c), Stats.
(4) A suspension order issued by the
			 department under this chapter takes effect on the date of the suspension
			 order.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 101 - Demerit Point System And Graduated Driver License Restriction Extensions › Section Trans 101.06 - Revocation and suspension of operating privileges

Current through June 24, 2024
(1) This section is
			 intended to address operating privilege suspension and revocation matters not
			 addressed elsewhere in statute or administrative rules.
(2) The department shall suspend for 2 months
			 the operating privilege of any person convicted of violating s.
			 343.16(7)
			 (b), Stats.
Note
Section
				343.16(7)
				(b), Stats., involves persons taking DMV
				examinations on behalf of others.
(3) Revocations under s.
			 343.32(1),
			 Stats., and suspensions under s.
			 343.32(1s),
			 Stats., shall be effective for 6 months.
Note
Section
				343.32(1),
				Stats., revocations result from convictions in another jurisdiction which, if
				committed in Wisconsin, would have resulted in revocation of the person's
				operating privilege. Section
				343.32(1s),
				Stats., violations involve altering, unlawful, or fraudulent use of a license
				or loaning a license.
(4)
			 Except for revocations imposed under ch. 351, Stats., a revocation or
			 suspension imposed by the department as the result of a conviction in another
			 jurisdiction shall be imposed and be effective on the date of conviction in
			 that other jurisdiction.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 101 - Demerit Point System And Graduated Driver License Restriction Extensions › Section Trans 101.07 - Reduction of point value for attendance at driver improvement counseling, traffic safety school or defensive driving courses

Current through June 24, 2024
(1) THREE DEMERIT
			 POINT REDUCTION FOR COMPLETION OF QUALIFIED CLASS. In accordance with the
			 authority in s. 343.32(5),
			 Stats., and the requirements of this section, the points assessed to a person's
			 driver record shall be reduced by 3 points or by the number of points
			 accumulated up to 3, upon application for a demerit point reduction and
			 satisfactory completion of any of the following:
(a) A department-approved course of
			 instruction at a traffic safety school.
(b) A department-approved course of
			 instruction in defensive driving or similar course.
(c) Driver improvement counseling conducted
			 under the program authorized by s.
			 110.08, Stats.
(d) A motorcycle rider course offered under
			 s. Trans 129.03 provided that the person has not had a prior point reduction
			 resulting from attending a motorcycle rider course.
Note:
See ch. Trans 106 concerning authorization,
				approval and administration of traffic safety schools and defensive driving
				courses.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 101 - Demerit Point System And Graduated Driver License Restriction Extensions › Section Trans 101.10 - Graduated driver license eligibility and restriction extensions

Current through June 24, 2024
(1) The department
			 may not issue a license to a person under s.
			 343.085(1)
			 (b), Stats., if the person has committed any
			 offense for which demerit points are assessed under this chapter, or any
			 offense under the law of another jurisdiction for which demerit points would be
			 assessed if the offense were committed in this state, within the preceding 6
			 months, except:
(a) Any violation of ch. 347,
			 Stats., resulting in the assignment of 2 or fewer demerit points under this
			 chapter, or a similar violation under law of another jurisdiction, except child
			 safety restraint, seat belt and defective speedometer violations.
(b) Illegal riding of a moped or
			 motorcycle.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.01 - Purpose and scope

Current through June 24, 2024
(1) As authorized by ss.
			 85.16(1),
			 110.06,
			 227.11,
			 343.05,
			 343.06,
			 343.14,
			 343.15,
			 343.17
			 and
			 343.20,
			 Stats., the purpose of this chapter is to administratively interpret ss.
			 341.08(2) (a) and
			 (am),
			 342.06(1)
			 (a),
			 343.02,
			 343.03,
			 343.05,
			 343.06,
			 343.07,
			 343.08,
			 343.10,
			 343.11,
			 343.12,
			 343.135,
			 343.14,
			 343.16,
			 343.17,
			 343.18,
			 343.19,
			 343.20,
			 343.21,
			 343.22,
			 343.25,
			 343.265
			 and
			 343.50,
			 Stats., relating to issuance of operator's licenses, identification cards, and
			 vehicle title and registration.
(2)
			 This chapter pertains to any person applying for a Wisconsin original, reissue,
			 reinstatement, renewal, or duplicate operator's license or identification card,
			 and vehicle title or registration.
Forms used in administering this rule are MV3004
				  identification card application, MV3001 license application, MV3006 renewal
				  license notice, and MV3007 identification card renewal notice, MV3415 religious
				  conviction exemption request, MV3002 certification of name and date of birth,
				  MV3125 additional information for operator license application, MV3452 foreign
				  language document translation certification, MV3432 receipt and MV3501
				  temporary operator's license, MV3682 Wisconsin DMV digitized driver license and
				  identification signature card, MV 3686 driver license extension card/sticker,
				  MV 3685 Wisconsin driver license extension application, MV 3687 driver license
				  extension application return envelope, and MV 3278 driver license renewal
				  window envelope.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.02 - Definitions

Current through June 24, 2024
The words and phrases defined in ss.
				340.01
				and
				343.01,
				Stats., have the same meaning in this chapter unless a different definition is
				specifically provided. In this chapter:
(1) "Administrator" means the administrator
			 of the division of motor vehicles of the department.
(2) "AKA record" means an entry on a driver
			 file which shows that the person currently uses or previously used an alias or
			 a fictitious name. A person with a former name entry, resulting from a lawful
			 change of name, does not have an AKA record.
(3) "Backup system" is the system used by the
			 department to produce an acceptable operator's license or identification card
			 when the computerized processing system is inoperative.
(4) "Centrally issued," when used with a
			 reference to an operator's license or identification card, means those finished
			 licenses or identification cards that are mailed from the central office in
			 Madison.
(4g) "Driver file" means a
			 person's driving record as kept by the department containing the driver record
			 and maintained in accordance with s.
			 343.23,
			 Stats., or the substantially identical record maintained for each person
			 holding an identification card. An "existing driver file" is a driver file that
			 has not been purged.
(4p)
			 "Duplicate" means a license or identification card issued for a fee to replace
			 one which has been lost, damaged or destroyed, or to replace one which is no
			 longer accurate because of a change of the licensed person's operating
			 authority, name or address, or at the person's request to have a photograph
			 retaken.
Note: See ss.
				Trans
				102.09(3) and
				102.03(2), and s.
				343.265(2),
				Stats.
(5) "Issuance
			 period" means the period of time for which an operator's license or
			 identification card is issued.
(5m)
			 "Juvenile restricted license" means a license issued pursuant to s.
			 343.08,
			 Stats.
(6) "License examiner" or
			 "examiner" means an employee or agent of the department duly authorized by the
			 administrator to process operator's license applications and other duties,
			 regardless of the agent or employee's job title.
(6n) "Motor vehicle services center" means
			 those locations within the state authorized by the department to provide driver
			 licensing services, vehicle registration services, or both.
(6r) "Name" as used in ss.
			 341.08(2) (a) and
			 (am) and
			 342.06(1)
			 (a), Stats., or "full name" as used in s.
			 343.14(2)
			 (a), Stats., means any of the following:
(a) In the case of an individual, the entire
			 first and last name and middle initial, if any.
(b) In the case of any entity other than an
			 individual, the entire name of the entity.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.03 - Photograph exemptions

Current through June 24, 2024
(1) Except as provided in this section, no
			 license or identification card, including duplicates, shall be issued unless
			 the person appears in person at a motor vehicle service center and is
			 photographed.
Note: See s.
				343.14(3),
				Stats.
(2) A license may be
			 issued without a photograph or with a prior photograph on file with the
			 department to any of the following:
(a) A
			 Wisconsin resident who is out of state and is not able to return to Wisconsin
			 for a renewal or duplicate license.
Note: See s.
				343.14(3),
				Stats., and sub. (3).
(b) A
			 Wisconsin resident who has seriously held religious convictions that do not
			 allow the resident to be photographed. To qualify for this exemption, the
			 person shall complete, sign and date a statement, on a form provided by the
			 department, certifying that the person objects to being photographed due to a
			 seriously held religious conviction.
(c) A Wisconsin resident who requests a
			 photograph exemption on the grounds that a photograph would not accurately
			 reflect the person's appearance because of the person's temporary
			 disfigurement, and the department finds that an exemption should be granted. In
			 cases where an exemption is granted, the person shall apply for a duplicate
			 operator's license with photograph when the reason for the exemption no longer
			 exists.
Note: The fee for a duplicate license may be found in s.
				343.21(1)
				(L), Stats. Wisconsin law does not permit the
				department to issue an ID without a photograph.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.04 - Design of operator's license and identification card

Current through June 24, 2024
(1) Operator's
			 licenses and identification cards:
(a) Shall
			 consist of one part with 2 sides, except as otherwise prescribed is ss.
			 343.10(7)
			 (d) and
			 343.17(4m),
			 Stats.
(b) Shall include the
			 following descriptive legends:
1. Duplicate
			 licenses and identification cards shall be marked "duplicate" or an
			 abbreviation thereof.
2. Juvenile
			 restricted licenses shall be marked "juvenile restricted" or an abbreviation
			 thereof.
(c) Shall
			 contain such further information as the department considers appropriate for
			 security or identification purposes.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.07 - National driver registry and commercial driver license registration system

Current through June 24, 2024
Information system record inquiries for issuance of commercial
				driver licenses required by s.
				343.03(5),
				Stats., shall be made as follows:
(1)
			 The department shall make inquiries of the commercial driver license
			 information system and the national driver registry to determine licensing
			 eligibility before issuing a license.
(2) When the information systems described in
			 sub. (1) are inoperative, the person's class D or M license may be processed
			 based on the information certified by the person on the license application and
			 any Wisconsin driver record available except that licenses may not be issued
			 prior to a record check for the following persons:
(a) A person who is obtaining his or her
			 first regular driver license.
(b) A
			 person who is licensed in another state and is seeking to obtain a regular
			 Wisconsin license.
Note: The department's intent was to substitute jurisdiction
				for state in par. (b).
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.09 - Photograph specifications

Current through June 24, 2024
(1) As determined
			 by the department, a license or identification card photograph shall be retaken
			 if the photograph of the person is indistinguishable, unclear, incomplete, or
			 becomes lost or damaged.
(2)
			 Persons who fall into the retake specifications described under sub. (1) shall
			 be required to have the license photograph retaken by the department before an
			 operator's license or identification card will be issued.
(3) Any person not satisfied with the
			 photograph after receipt of a license or identification card may request to
			 have the photograph retaken. If the photograph is indistinguishable, unclear or
			 incomplete to the extent that the department demands another photograph of the
			 person be taken under sub. (1), the person shall apply for a duplicate license
			 or identification card, surrender the existing license or identification card
			 and pay the fee required in s.
			 343.21(1)
			 (L), Stats.
(4) When an application for an operator's
			 license or an identification card is made, the date the photograph is taken
			 shall be at the discretion of the department.
(5) Persons shall be notified by the
			 department when a photograph needs to be retaken or when a subsequent change of
			 license restrictions or endorsements requires license reissuance or a duplicate
			 license. Failure to comply within 30 days of notification shall result in the
			 cancellation of the operator's license.
(6) Persons requiring a duplicate operator's
			 license or identification card shall return to the department for duplicate
			 application and new photograph, unless the person's appearance at the
			 department is not required under s.
			 Trans 102.03(2) (a) or
			 (6).
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.10 - Special photo requirements

Current through June 24, 2024
To provide for a full facial image, the following shall be
				required:
(1) Except as provided in
			 sub. (2), hats, caps, or other head coverings may not be worn by the applicant
			 when the photograph is taken.
(2)
			 If a turban or similar head covering is worn by the applicant due to religious
			 belief, the covering shall be pushed from the forehead until a full facial
			 image is shown.
(3) A photograph
			 shall be taken with or without glasses, at the applicant's preference.
			 Sunglasses shall be removed. Light sensitive glasses that do not adjust
			 sufficiently to clearly show the eyes shall also be removed.
(4) Hair shall be brushed away from the eye
			 area for the photograph.
(5) Any
			 clothing or device obscuring all or part of a person's face shall be removed
			 when being photographed to show a full facial image, except that any appliances
			 or prosthesis normally used by a person with a permanent facial or dental
			 disfigurement need not be removed.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.11 - Prorated fees

Current through June 24, 2024
To maintain the existing license renewal cycle when upgrading a
				valid license, the department shall prorate the statutory fees under s.
				343.21(1) (a), (b) and
				(d), Stats., required to be paid to the
				department to upgrade a license.
(1)
			 UPGRADED LICENSE. If a license is upgraded by adding class A, B, C, D or M
			 privileges to an existing operator's license, the following apply to determine
			 the applicable fee under s.
			 343.21(1) (a), (b) or
			 (d), Stats.:
(a) When 365 days or more remain on the
			 existing license, the license holder shall pay the prorated fee for the
			 upgraded license determined by the department as follows:
1. Multiply the number of days remaining on
			 the existing license from the date of application by the statutory fee and
			 divide by 2920. The number of days include the day of expiration, but not the
			 day of application.
2. Round the
			 resulting quotient to the nearest whole dollar amount. The license upgraded for
			 this fee shall expire on the expiration date of the existing license or on the
			 date that the person's legal presence in the United States is no longer
			 authorized, whichever occurs sooner.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.14 - Issuance

Current through June 24, 2024
(1) The department shall issue operator's
			 licenses and identification cards to eligible Wisconsin residents upon
			 completion of application processing and payment of required fees, unless:
(b) The computer system is down and a backup
			 system must be used to produce the photo operator's license or photo
			 identification card.
(c) Further
			 verification of eligibility is necessary to comply with licensing
			 qualifications in ch. 343, Stats., or the department determines that the person
			 is ineligible for licensing under ch. 343, Stats.
(d) There are administrative reasons for not
			 issuing the operator's license or identification card immediately, for purposes
			 including, but not limited to, conducting a study or establishing a control
			 group.
(e) The person does not
			 provide the department with the information required under sub. (2) or does not
			 provide a sample signature for reproduction on the operator's license in the
			 format first name, middle initial or name, last name. A person may not include
			 in a signature a disclaimer of any type or any information other than the
			 person's name.