reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.16 - Operator's license and license endorsement issuance periods

Current through June 24, 2024
(1) ORIGINAL,
			 REINSTATED AND PROBATIONARY LICENSES. Reinstated licenses, probationary
			 licenses, and original licenses other than instruction permits and license
			 endorsements shall expire 2 years from the licensed person's next birthday, or
			 on the date that the person's legal presence in the United States is no longer
			 authorized, whichever occurs sooner. If the expiration date of a person's
			 probationary license is the date the person's legal presence in the United
			 States is no longer authorized, and the person's legal presence is extended,
			 the department may reissue the probationary license with an expiration date of
			 the latest date determined under this section at the time of initial issuance
			 or the date that the person's legal presence in the United States is no longer
			 authorized, whichever occurs sooner. The department may not, as a consequence
			 of expiration dates based on the person's legal presence in the United States,
			 require any person to possess a probationary license beyond the latest date
			 determined under this section at the time of initial issuance.
Note:
See s.
				343.20(1) (a),
				Stats.
(2) EYESIGHT TESTS.
			 The eyesight test shall be given to each person who applies for renewal of a 2,
			 4 or 8 year license at the time application is made.
Note:
See s.
				343.16(3) (a),
				Stats.
(3) RENEWED REGULAR,
			 COMMERCIAL DRIVER AND MOTOR-CYCLE ONLY LICENSES. Regular, commercial and
			 motorcycle only licenses shall expire 8 years from the expiration date of the
			 license being renewed if the license is renewed prior to its expiration, or 7
			 years from the person's next birthday in all other circumstances, except as
			 otherwise provided in this section.
(3m) LICENSE EXTENSIONS. A regular license
			 issued by the department may be extended by the department for 4 years from the
			 expiration date of the license if the department has selected the license for 4
			 year extension rather than renewal in order to balance the number of licenses
			 that will expire in future years. The department may not extend an expiration
			 date under this subsection beyond the date that the person's presence in the
			 United States is legally authorized. The department may consider a person's
			 driving history in deciding whether to extend the person's license. Vision
			 examinations may not be required for extensions.
Note:
Section
				343.20(1) (f),
				Stats., provides that this extension program sunsets on December 31,
				2001.
(4) LICENSE RENEWAL.
			 No person may renew:
(a) An operator's
			 license more than one year prior to the expiration date of the
			 license.
(b) A probationary license
			 or special restricted license more than 90 days prior to the expiration date of
			 the license.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.17 - Temporary operator's license or driver receipt

Current through June 24, 2024
(1) TEMPORARY
			 OPERATOR'S LICENSE. The department may issue a class D or M temporary
			 operator's license and attach it to a person's previous Wisconsin license when
			 the person presents the previous license and the department is unable to
			 immediately issue a renewal operator's license to the person for one of the
			 following reasons:
(a) The department,
			 pursuant to s.
			 343.16(6),
			 Stats., requires testing or an examination prior to renewal including, but not
			 limited to, medical, eye, or mental examinations or evaluations of drug or
			 alcohol dependency and the testing cannot be completed prior to the expiration
			 of the existing license; or
(b) The
			 department's license production system temporarily prevents production of an
			 operator's license.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.18 - Identification card and issuance period

Current through June 24, 2024
(1) Original and
			 reinstatement identification cards expire 4 years from the identified person's
			 next birthday, or on the date that the person's legal presence in the United
			 States is no longer authorized, whichever occurs sooner.
(2) Renewal identification cards expire on
			 the date that the person's legal presence in the United States is no longer
			 authorized or on the following date, whichever occurs sooner:
(a) Four years from the identified person's
			 next birthday when the renewal application is made prior to the expiration date
			 of the latest identification card on file for that person;
(b) Three years from the identified person's
			 next birthday when the renewal application is made after the expiration date of
			 the latest identification card on file for that person.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.19 - Instruction permits

Current through June 24, 2024
(1) CLASS D INSTRUCTION PERMITS. An
			 instruction permit for class D privileges may not be issued to a person less
			 than 18 years of age who is enrolled in a behind the wheel driver education
			 course more than 60 days prior to the beginning of the practice driving phase
			 of that driver education course.
(2) MOPED AND MOTOR BICYCLE INSTRUCTION
			 PERMITS.
(a) In order to be issued a moped and
			 motor bicycle instruction permit, a person must pass a knowledge test
			 established by the department.
(b)
			 A person holding a moped or motor bicycle instruction permit, or regular
			 instruction permit endorsed for moped and motor bicycle operation may operate a
			 moped or motor bicycle only during daylight hours and may not carry
			 passengers.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.20 - Farm service CDLs

Current through June 24, 2024
(1) PURPOSE. The purpose of this section is
			 to adopt a seasonal farm service waiver for CMV drivers consistent with those
			 federal department of transportation regulations at
			 49 CFR
			 383.3(f).
(2) DEFINITIONS. In this section:
(a) "Agri-chemical business" means a business
			 that sells and delivers fertilizer, pesticides or other chemical compounds to
			 farmers.
(b) "CDL" means a
			 commercial driver license.
(c)
			 "Convicted" or "conviction" has the meaning set forth in s.
			 340.01(9r),
			 Stats., and includes convictions under state law, convictions under local
			 ordinances in conformity with state law, convictions under a law of federally
			 recognized American Indian tribe or band in this state in conformity with state
			 law, or convictions under the law of another jurisdiction which prohibits
			 conduct similar to that prohibited under state law even if that jurisdiction's
			 law is not in conformity with state law.
(d) "Custom harvester" means a business which
			 is engaged solely in the provision of for hire harvesting services to farmers
			 or engaged in canning, freezing or processing the crops being harvested.
Note:
The licenses of temporary seasonal employees
				of custom harvester employers are limited to permit only transportation related
				to the harvesting of crops. See s. Trans 102.20 (8) (fm). A driver in this
				category may, for example, haul harvesting equipment to and from the fields
				where the harvest is conducted, and may haul harvested crops from the fields
				where harvested to a storage facility or food processing plant. Subsequent
				transportation of the harvested crops, however, such as to haul harvested crops
				from storage facilities to processing plants or to haul processed crops to
				market, are not permitted under a Farm Service CDL.
(e) "Farm retail outlet" means a business
			 engaged in the retail sale and delivery of farm supplies to farmers.
(f) "Farm service CDL" means a restricted
			 commercial driver license issued pursuant to this section.
(g) "Farm service industry" means a farm
			 retail outlet, a custom harvester, a livestock feeder or an agri-chemical
			 business.
(h) "Farmer" has the
			 meaning set forth in s.
			 340.01(18) (b),
			 Stats.
(i) "Livestock feeder" means
			 a business that is licensed as an approved feed lot under s. ATCP 11.14.
Note:
Section ATCP 11.14 was repealed eff.
				10-1-06.
(j) "Seasonal
			 employment" means a period of employment that does not exceed 210 days per
			 year.
(k) "Seasonal period" means a
			 continuous time period for which a farm service CDL permits limited operation
			 of commercial motor vehicles.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.205 - Copying of driver licenses

Current through June 24, 2024
Any person, including the state or federal government, or an
				agency or political subdivision thereof, may make a copy of a driver license
				provided the copy is intended to be used for the identification of the person
				to whom the license has been issued and the person does not sell or transfer
				the copies to any third person or include the copy of the driver license photo
				in any electronic or paper library of images. This provision does not prohibit
				a lender or business from requesting and making a copy of a driver license as
				part of an application for credit or other business services and forwarding
				that copy with the application materials in the ordinary course of business
				when the commercial paper or business is sold or transferred.
Amendments to s.
				  343.43(1)
				  (f), Stats., enacted as part of 1999 Wis. Act
				  9 provide the department with authority to adopt this rule with respect to
				  driver licenses. No similar authority exists with regard to the general
				  prohibition against copying identification cards found in s.
				  343.50(12)
				  (e), Stats. See State v. Schwolin, 57 Wis. 2d
				  764 (1973), for general guidance on the copying of identification
				  cards.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 102 - Operator's Licenses And Identification Cards › Section Trans 102.21 - Sponsorship of persons under 18 years of age

Current through June 24, 2024
(1) DEFINITIONS. In
			 this section:
(a) "Adult" means a person who
			 is 18 years of age or older.
(b)
			 "Foster parent" means a person licensed to operate a foster home or treatment
			 foster home under s.
			 48.62,
			 Stats.
(c) "Guardian" means the
			 person named by the court having the duty and authority of
			 guardianship.
(d) "Minor" means a
			 person less than 18 years of age.
(e) "Parent" means either a biological
			 parent, a husband who has consented to the artificial insemination of his wife
			 under s.
			 891.40,
			 Stats., or a parent by adoption. If the child is a nonmarital child who is not
			 adopted or whose parents do not subsequently intermarry under s.
			 767.803,
			 Stats., "parent" includes a person adjudged in a judicial proceeding to be the
			 biological father. "Parent" does not include any person whose parental rights
			 have been terminated.
(f)
			 "Stepparent" means a person who is married to the minor's biological or
			 adoptive parent and is not a biological or adoptive parent of the minor.
Note: The definitions used in pars. (c) and (e) are intended to
				parallel those in s.
				48.02, Stats.
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 June 24, 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:
(a) "CDL class, endorsement or
			 restriction" means authorization to operate class A, B or C commercial motor
			 vehicles, any endorsement described in s.
			 343.17(3)
			 (d), Stats., or any restriction specified in
			 ss.
			 343.17(3)
			 (d) or (e), Stats.
(b) "Local unit of government" means a
			 county, city, village, town, school district, county utility district, sanitary
			 district, metropolitan sewage district, or other public body created by or
			 pursuant to state law.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 103 - Habitual traffic offenders › Section Trans 103.02 - Definitions

Current through June 24, 2024
The words and phrases defined in ss.
				340.01,
				343.01
				and
				351.02, Stats., have
				the same meaning in this chapter unless a different definition is specifically
				provided. In this chapter:
(1) "Driver
			 record" means the abstract of convictions and other information related to a
			 driver maintained by the department in its computer database.
(2) "HTO" means habitual traffic
			 offender.
(3) "License" means
			 operator's license.
(4) "Major
			 offense" means a conviction for any offense specified in s.
			 351.02(1)
			 (a), Stats., or for an offense under any
			 valid ordinance enacted by a local authority under s.
			 349.06,
			 Stats., or any law enacted by a federally recognized American Indian tribe or
			 band in this state which are in strict conformity with the offenses described
			 in s.
			 351.02(1)
			 (a), Stats., and any federal law which is in
			 substantial conformity with the offenses described in s.
			 351.02(1)
			 (a), Stats.
(5) "Minor offense" means a conviction under
			 ch. 346, Stats., that is not a major or petty offense, or for an offense under
			 any valid ordinance enacted by a local authority under s.
			 349.06,
			 Stats., or any law enacted by a federally recognized American Indian tribe or
			 band in this state which are in strict conformity with such ch. 346, Stats.,
			 offenses, and any federal law which is in substantial conformity with such ch.
			 346, Stats., offenses.
Note: See ss.
				351.02(1) (b) and
				(c).
(6) "Petty offense" means a conviction for
			 which demerit points are not assessed under s.
			 Trans
			 101.02(5), except convictions for
			 violation of ss.
			 346.63(2m)
			 or
			 346.63(5)
			 (a), Stats.
(7) "Release" means the action taken by the
			 department to temporarily or permanently withdraw a suspension or revocation of
			 an operating privilege.
(8) "Repeat
			 HTO" means repeat habitual traffic offender.
The Department's rationale for distinguishing petty offenses
				  from other offenses is discussed in Lewandowski v. State, 140 Wis. 2d 405, 411
				  N.W.2d 146 (Ct. App. 1987).
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 103 - Habitual traffic offenders › Section Trans 103.03 - HTO determination

Current through June 24, 2024
(1) In determining the number of offenses
			 accumulated during a 5-year period, the department shall use the date each
			 violation was committed as the basis for the determination.
Note: The use of violation date rather than conviction date was
				upheld in DeBruin v. State, 140 Wis. 2d 631, 412 N.W.2d 130 (Ct. App.
				1987).
(2) The department
			 may count any combination of major and minor convictions to establish an HTO
			 revocation under s.
			 351.02(1)
			 (b), Stats.
Note: Any major offense counts under this provision.
(3) The department may not count
			 petty offenses for any purpose in determining whether a person is a habitual
			 traffic offender.
(4) In
			 determining whether to revoke a person's operating privilege, the department
			 may not count a refusal to submit to chemical testing as a separate incident in
			 determining HTO or repeat HTO status if the refusal arises out of the same
			 incident as a conviction under s.
			 346.63(1),
			 Stats., or a local ordinance in conformity therewith, ss.
			 346.63(2),
			 940.09
			 and
			 940.25,
			 Stats., or a conviction under the law of another jurisdiction with
			 substantially similar terms or any law enacted by a federally-recognized
			 American Indian tribe or band in this state.
(5) Multiple offenses arising out of one
			 occurrence may be counted as one offense under s.
			 351.02(1)
			 (d), Stats., only if the person's driver
			 record does not show any convictions for minor or major offenses that occurred
			 in the 5-year period preceding the date of the multiple offenses.
(6) Convictions for violations occurring on
			 the same date in different counties shall be presumed to have resulted from
			 separate occurrences for purposes of s.
			 351.02(1)
			 (d), Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 103 - Habitual traffic offenders › Section Trans 103.04 - Repeat HTO determination

Current through June 24, 2024
(1) The department
			 shall revoke the operating privilege of a person as a repeat habitual traffic
			 offender if the person is convicted of either:
(a) Two minor offenses committed during an
			 HTO or repeat HTO revocation period and within one year following issuance of
			 an occupational license to the person pursuant to s.
			 351.07,
			 Stats., or
(b) One major offense or
			 4 minor offenses committed during an HTO or repeat HTO revocation period and
			 within 3 years following issuance of an occupational license to the person
			 pursuant to s.
			 351.07,
			 Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 103 - Habitual traffic offenders › Section Trans 103.05 - Effective dates

Current through June 24, 2024
The effective date of HTO and repeat HTO revocations under this
				chapter shall be the earliest date determined under subs. (1) to (3) as
				follows:
(1) Except as provided in subs. (2)
				and (3), the effective date shall be the date the HTO or repeat HTO order is
				mailed.
(2) If all convictions that
				formed the basis for an HTO or repeat HTO revocation order occurred in another
				jurisdiction, the effective date of the HTO or repeat HTO revocation order
				shall be the date of the latest conviction in another jurisdiction that forms
				the basis of the HTO or repeat HTO revocation.
(3) If an HTO or repeat HTO revocation order
				is not mailed within 6 months of the date of the latest conviction that forms
				the basis for the HTO or repeat HTO revocation order, the effective date of the
				revocation is the date 6 months after the latest conviction that forms the
				basis for the HTO or repeat HTO revocation.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 103 - Habitual traffic offenders › Section Trans 103.06 - Amendments

Current through June 24, 2024
(1) For purposes of this section, "repeat HTO
			 window period" shall mean that period of time following the issuance of an
			 occupational license pursuant to s.
			 351.07,
			 Stats., during which a person may be subject to revocation as a repeat habitual
			 traffic offender under s.
			 Trans
			 103.04.
(2) An amended HTO order shall supersede the
			 HTO revocation that it amends and shall state the basis for the HTO revocation
			 as amended and the effective date of the revocation.
(3) An HTO revocation order may be amended
			 when a person is convicted of an offense that occurred during the 5-year period
			 following the date of the earliest offense that formed the basis for the HTO
			 revocation order, except where the offense would make the person a repeat HTO.
Note: If the conviction qualifies the person as a repeat
				habitual traffic offender, the driver's operating privilege is revoked as a
				repeat habitual traffic offender.
(4) A repeat HTO revocation order may be
			 amended when a person is convicted of an offense that occurred during the
			 repeat HTO window period.
(5) An
			 amended HTO or repeat HTO revocation order shall include the offense which
			 prompted an amendment under sub. (2) or (3) and all offenses that were used in
			 the original revocation order, including offenses that may have been purged
			 from the driver's record at the time of the amendment, but excluding
			 convictions for offenses that have been overturned or vacated or for which a
			 revocation or suspension is stayed pending appeal.
Section
				  343.325,
				  Stats., requires certain license actions be stayed pending appeal.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 103 - Habitual traffic offenders › Section Trans 103.07 - Credit for time previously served

Current through June 24, 2024
(1) If an HTO or
			 repeat HTO revocation is released because of an appeal, or a court order to
			 reopen, stay or vacate a conviction that was used as the basis for the
			 revocation, and another HTO or repeat HTO revocation is subsequently imposed
			 using one-half or more of the identical convictions used in the original case,
			 the period of revocation imposed shall be reduced by the period of revocation
			 served under the original revocation.
(2) If an HTO or repeat HTO revocation is
			 released because of an appeal, or a court order to reopen, stay or vacate a
			 conviction that was used as the basis for the revocation, the person is
			 subsequently convicted of the charge or an amended charge, and the person will
			 continue to be classified as a habitual traffic offender under s.
			 Trans 103.03
			 and s.
			 351.02(1),
			 Stats., the released HTO or repeat HTO revocation order shall be reimposed and
			 the revocation period imposed shall be reduced by the period of revocation
			 previously served under that revocation order.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 103 - Habitual traffic offenders › Section Trans 103.08 - Release of repeat HTO revocations

Current through June 24, 2024
A repeat HTO revocation may be released if the underlying HTO
				or repeat HTO revocation is released and the person would no longer qualify as
				a habitual traffic offender or repeat habitual traffic
				offender.
If the person would qualify as an HTO or Repeat HTO, the
				  original revocation order may be amended under s.
				  Trans
				  103.06.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 103 - Habitual traffic offenders › Section Trans 103.10 - Implementation of 2005 Wis. Act 25

Current through June 24, 2024
(1) Offenses that
			 cannot be counted as minor offenses under s.
			 351.02(1)
			 (b), Stats., as amended by 2005 Wis. Act 25,
			 may not be counted as minor offenses under this chapter regardless of violation
			 date, conviction date, or the date the conviction was reported to the
			 department.
(2) The department may
			 reassess the driver license status of any person who has been classified as a
			 habitual traffic offender prior to September 1, 2006, so that all drivers'
			 classifications are determined in accordance with this chapter.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.01 - Purpose and scope

Current through June 24, 2024
(1) As authorized by ss.
			 85.16(1)
			 and
			 343.02,
			 Stats., the purpose of this chapter is to establish the department's
			 administrative interpretation of ss.
			 343.03,
			 343.06(1)
			 (e),
			 343.12,
			 343.135,
			 343.16,
			 343.20,
			 343.25
			 and
			 343.32,
			 Stats., relating to procedures used in testing applicants for any
			 classification of operator's license, endorsements to licenses, and the
			 imposition and removal of license restrictions.
(2) No person may obtain or hold an
			 operator's license or endorsement, or have any restriction removed from an
			 operator's license, without meeting all of the requirements of this
			 chapter.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.02 - Definitions

Current through June 24, 2024
(1) The words and phrases defined in ss.
			 340.01
			 and
			 343.01,
			 Stats., and s.
			 Trans
			 112.02, have the same meaning in this chapter unless a
			 different definition is specifically provided.
(2) In this chapter:
(a) "CDL" means commercial driver
			 license.
(b) "Examiner" means a
			 person authorized by the department to test driver license applicants for the
			 purpose of determining license eligibility.
(c) "Exercising ordinary and reasonable
			 control" means operating a motor vehicle in a well controlled manner that
			 demonstrates ordinary abilities in those skills normally graded in a skills
			 test or special examination.
(d)
			 "License classifications" or "license class" means any of the classifications
			 specified in s.
			 343.17(3)
			 (c), Stats.
(e) "Pre-trip inspection test" means a
			 demonstration of a person's ability to conduct the inspection that commercial
			 drivers are expected to perform before driving a commercial motor vehicle on a
			 highway.
(f) "Safety inspection"
			 means a cursory inspection by the department or a third party examiner to
			 determine whether vehicle equipment appears to conform to the requirements of
			 law and is in safe operating condition for the purpose of conducting a driving
			 or special examination.
(g) "Skills
			 test" means an examination of a person's ability to exercise ordinary and
			 reasonable control in the operation of a motor vehicle.
(h) "Special examination" means a limited
			 skills test that is administered for the purpose of determining eligibility for
			 licensing or determining whether and how a person's license should be
			 restricted.
(i) "Third party
			 examiner" means a person who is employed by a third party tester and who holds
			 a valid examiner identification certificate issued by the department to conduct
			 skills tests and pre-trip inspection tests required for commercial driver
			 licenses.
(j) "Third party tester"
			 means a person who is authorized by the department to administer an approved
			 testing program for commercial driver license applicants under s.
			 343.16(1)
			 (b), Stats., and ch. Trans 115.
(k) "Vehicle classification" or "vehicle
			 class" means the classification assigned to a vehicle under s.
			 343.04(1),
			 Stats.
(l) "Vehicle type" means
			 the type assigned to a vehicle under s.
			 343.04(2),
			 Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.03 - Knowledge and pre-trip inspection tests

Current through June 24, 2024
(1) KNOWLEDGE
			 TESTS.
(a) Except as provided in pars. (b) and
			 (c), all persons applying for a license, endorsement, or the removal of a
			 license restriction shall take and pass all knowledge tests required under this
			 section for the class of vehicle the person seeks authority to operate, for
			 each endorsement sought, and for each restriction the person seeks to remove. A
			 person whose operator's license has expired by more than 4 years and who has no
			 proof of valid, licensed operation within the 4-year period preceding
			 application shall take all required knowledge tests as if the person had never
			 been licensed.
(b) A person moving
			 to Wisconsin from another jurisdiction whose operating privilege in the other
			 jurisdiction is not suspended or revoked and who holds a license that is valid
			 or that is not expired by more than 4 years, may not be required to submit to
			 knowledge tests for the classes of vehicles and endorsements held under the
			 other jurisdiction's license, except that knowledge examinations shall be
			 required if the person is seeking a school bus or hazardous materials
			 endorsement. If the person holds a CDL from the other jurisdiction that is not
			 restricted to prohibit the operation of air-brake equipped vehicles, the person
			 may not be required to take air-brake examinations to avoid imposition of an
			 air-brake restriction.
(c) A person
			 who provides proof of passing a "Class D" knowledge test as part of a driver
			 education program authorized to administer "Class D" knowledge examinations
			 under s. 343.16(1) (c),
			 Stats., shall not be required to take a "Class D" knowledge examination
			 administered by the department.
Note:
Persons who do not speak English are
				encouraged to advise the Department of the languages they can read and speak
				when scheduling their examinations. The Department will attempt to accommodate
				special language needs of applicants.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.04 - Unauthorized assistance

Current through June 24, 2024
An applicant who cheats or uses unauthorized assistance during
				any part of a knowledge test shall fail the test and may not be allowed to
				retake the knowledge test for 7 days. Unauthorized assistance includes
				assistance from another person, notes, or the use of any materials during an
				examination, without the prior approval of the examiner. If the infraction is
				observed during the course of a test, the test shall be immediately
				ended.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.05 - Vehicle safety inspection

Current through June 24, 2024
(1) INSPECTION
			 REQUIRED. Prior to conducting any driving skills test or special examination,
			 the examiner shall conduct a safety inspection of the vehicle furnished by the
			 applicant for the test. The examiner may refuse to conduct the skills test or
			 special examination if the test vehicle does not pass a safety inspection or
			 the vehicle is unregistered.
(2)
			 APPLICANT CONDUCT. The examiner may not conduct a skills test or special
			 examination when:
(a) The applicant refuses
			 to wear a safety belt during the driving skills test, unless the vehicle was
			 manufactured prior to January 1, 1972, and has never been equipped with seat
			 belts.
(b) The applicant refuses to
			 follow required safe driving practices.
(c) The vehicle is a commercial motor vehicle
			 and the applicant:
1. Cannot produce evidence
			 of vehicle registration; or
2. Does
			 not hold a valid instruction permit, temporary operator's license or driver
			 receipt that authorizes operation for the appropriate class and endorsement of
			 vehicle.
(d) The vehicle
			 is not a commercial motor vehicle, is not registered, and no person has applied
			 to renew the vehicle's registration. It shall be conclusively presumed that no
			 person has applied to renew the vehicle's registration if the applicant does
			 not have evidence of filing an application for registration and the vehicle's
			 registration has expired by more than 30 days.
(e) The vehicle is a motorcycle and the
			 applicant does not wear an approved protective helmet when required under s.
			 347.485(1)
			 (a), Stats.
(f) The vehicle is a motorcycle and the
			 applicant is not wearing a protective face shield, glasses or goggles, unless
			 the windshield rises at least 15 inches above the handlebars.
(g) The applicant appears to be impaired by
			 alcohol or a controlled substance, disoriented, or otherwise unfit to operate a
			 motor vehicle.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.055 - Graduated driver license requirements and waivers

Current through June 24, 2024
(1) GRADUATED
			 DRIVER LICENSE REQUIREMENTS. Except as provided in sub. (2), the department may
			 not issue a probationary driver license to any person less than 18 years of age
			 unless the person has met all of the following requirements:
(a) The person has accumulated at least 30
			 hours of behind-the-wheel driving experience, at least 10 of which were during
			 hours of darkness. Up to 5 hours of behind-the-wheel driving experience
			 performed with a qualified instructor may be counted at the rate of 2 hours for
			 each hour of actual driving. The department shall require an applicant's adult
			 sponsor under s.
			 Trans
			 102.21 to certify that the applicant has met this
			 requirement as a condition of issuing a probationary driver license, except
			 that persons who are permitted to file proof of financial responsibility in
			 lieu of sponsorship under s.
			 343.15(4),
			 Stats., may provide that certification.
(b) The person has not received a citation
			 for an offense described in s.
			 Trans
			 101.10(1).
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.06 - Skills tests

Current through June 24, 2024
(1) SKILLS TESTS REQUIRED.
(a) All persons applying for a license
			 classification not held in this state or another jurisdiction at the time of
			 application, other than an instruction permit, shall take and pass skills tests
			 for the classes and types of vehicles the person seeks authority to operate. A
			 person whose operator's license has expired by more than 4 years and who has no
			 proof of valid, licensed operation within the 4-year period preceding
			 application shall take all required skills tests as if the person had never
			 been licensed.
(b) A skills test
			 conducted in a "Class A" vehicle may be used as the basis for the issuance of a
			 license authorizing "Class A", "B", "C" and "D" privileges.
(c) A skills test conducted in a "Class B"
			 vehicle may be used as the basis for the issuance of a license authorizing
			 class "B", "C" and "D" privileges.
(d) A skills test conducted in a "Class C"
			 vehicle may be used as the basis for the issuance of a license authorizing
			 "Class C" and "D" privileges.
(e) A
			 skills test conducted in a "Class D" vehicle may only be used as the basis for
			 the issuance of a license authorizing "Class D" privileges.
(f) A skills test conducted in a "Class M"
			 vehicle may only be used as the basis for the issuance of a license authorizing
			 "Class M" privileges.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.07 - Special examinations

Current through June 24, 2024
(1) REASONS FOR SPECIAL EXAMINATIONS. The
			 department may conduct a special examination for any of the following reasons:
(a) To determine whether a person adequately
			 compensates for a medical condition or functional impairment.
(b) To determine whether to remove, add or
			 modify restrictions.
(c) To
			 determine whether a person is able to exercise ordinary and reasonable control
			 of a motor vehicle.
(d) To
			 investigate a report received by the department that a licensed operator may be
			 incompetent or otherwise not qualified to be licensed.
(e) To determine whether the person has the
			 knowledge necessary to operate a motor vehicle with the classes, endorsements
			 and restrictions for which the person is licensed.
(f) To evaluate an applicant from another
			 jurisdiction holding a driver license from that jurisdiction that does not
			 contain any restrictions related to any functional impairment or medical
			 condition for which a restriction is usually imposed by the
			 department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.08 - Scoring driving skills tests and special examinations

Current through June 24, 2024
(1) Evaluated
			 driving skills shall be assigned a point value and points shall be awarded for
			 all skills successfully completed or which are not tested.
(2) A passing score for a skills test shall
			 be determined by the accumulated point total for the class and endorsement
			 being tested.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.09 - Waiting periods following failed skills tests and special examinations

Current through June 24, 2024
(1)
			 Except as provided in subs. (2) to (5), a person who fails a skills test or
			 special examination shall wait a minimum of one day before retaking the
			 test.
(2) A person who fails a
			 skills test or special examination by 10 points or less, or who fails a skills
			 test because of dangerous driving behavior described in s. Trans 104.06(13)(a),
			 (b) or (d), shall wait a minimum of one week before retaking the
			 test.
(3) A person who fails a
			 skills test or special examination by more than 10 points or because of
			 dangerous driving behavior described in s. Trans 104.06 (13) (e) shall wait a
			 minimum of 2 weeks before retaking the test.
(3m) A person who fails a CDL skills test
			 solely because the person failed both the straight-line and curved-path backing
			 tests shall wait a minimum of one week before retaking the CDL skills
			 test.
(4) Waiting periods under
			 this section include the day of the unsuccessful test.
(5) A person who fails 5 or more skills tests
			 or special examinations within one year may be authorized another attempt only
			 after requesting and receiving permission from the department to do so.
			 Permission to take more than 5 tests or exams in a one year period may be
			 granted if the person demonstrates that he or she has received additional
			 instruction, or some other significant circumstance has changed since the last
			 failed test or exam, which makes successful completion of the test or exam more
			 likely.
See s. Trans 104.12 regarding potential waiver of these time
				  periods in appropriate cases.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.10 - Retesting intervals for certain endorsements

Current through June 24, 2024
(1) SCHOOL BUS
			 ENDORSEMENTS.
(a) Any person who applies to
			 renew a Wisconsin school bus endorsement shall take and pass a school bus
			 knowledge test, vision and hearing screening, highway sign test and an
			 abbreviated skills test in a school bus.
(b) An abbreviated school bus skills test
			 includes at least the following:
1. Pre-trip
			 inspection.
2. Simulated rural
			 student discharge.
3. Railroad
			 crossing stop.
(c) The
			 components of the skills test shall be scored as pass or fail. If a driver
			 commits a moving traffic violation or dangerous act or is involved in an
			 accident, the driver shall fail the skills test.
(d) If a person with a school bus endorsement
			 fails the abbreviated skills test, the person's school bus endorsement may not
			 be renewed until the person retakes and passes the abbreviated skills test. The
			 department may require a driver to retake a complete driving school bus test if
			 the results of an abbreviated skills test lead the examiner to question whether
			 the driver has the ability to exercise ordinary and reasonable control in the
			 operation of a school bus in compliance with the laws of this state.
(e) A person who holds a license with a
			 school bus endorsement that is restricted from operation of air-brake equipped
			 vehicles may not take a school bus endorsement abbreviated skills test in an
			 air-brake equipped vehicle unless the person first completes all knowledge and
			 skills examinations required to remove an air-brake restriction under ss.
			 Trans
			 104.03(2) (f) and (8) and
			 104.06(5) (b). The
			 air-brake pre-inspection test and abbreviated air-brake skills test may be
			 conducted as part of a school bus abbreviated skills test.
(f) Persons who are 70 years of age or older
			 and hold a school bus endorsement shall demonstrate their continuing ability to
			 meet the licensing requirements of this subsection at 2-year intervals and
			 shall file a medical certification annually. The 2-year periods described under
			 this paragraph shall be measured from the date of the driver's preceding
			 examination.
Note: Form MV3030B, Medical Examination Report, is used for
				school bus medical certification. It may be obtained from a Division of Motor
				Vehicles Service Center or by writing, Wisconsin Department of Transportation,
				Medical/Alcohol Review Section, P.O. Box 7918, Madison, WI 53707-7918.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 104 - Examination Procedures For Operator's License › Section Trans 104.12 - Reduction of waiting periods

Current through June 24, 2024
The department may reduce the waiting periods specified in ss.
				Trans
				104.06(3) and and 104.09(2) (3)in
				cases where imposition of the required waiting period would impose an undue
				hardship on a person or the person's family. The department may reduce the
				minimum waiting period under this section to such shorter time frame as will
				permit the license applicant to complete necessary driving practice, but in no
				event may it be reduced to less than one day. Written application for such a
				waiver shall be made to the administrator of the division of motor vehicles, or
				the administrator's delegate, and shall contain a description of the undue
				hardship and a planned driving practice schedule. No person may be granted more
				than one reduction under this section.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.003 - Introduction

Current through June 24, 2024
(1) PURPOSE. This chapter interprets subch.
			 VI of ch. 343, Stats., by creating rules relating to:
(a) The licensing and regulation of
			 commercial driver schools that provide driver training and testing for students
			 and training of instructors.
(b)
			 The licensing and regulation of commercial driver school instructors who
			 provide classroom and behind-the-wheel instructions to customers.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.007 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Authorized medical practitioner" means a physician licensed to practice
			 medicine in any state, an advanced practice nurse licensed to practice nursing
			 in any state, a physician assistant licensed or certified to practice in any
			 state, a chiropractor licensed to practice chiropractic in any state, or a
			 Christian Science practitioner residing in this state, and listed in the
			 Christian Science journal.
(2)
			 "Driver school" or "school" has the meaning given in s.
			 343.60(1),
			 Stats.
(3) "Instructor" has the
			 meaning given in s.
			 343.60(3),
			 Stats.
(4) "Student" means a
			 customer less than 18 years of age who is applying to or is enrolled at a
			 driver school for instruction in driving a motor vehicle.
(5) "Substantiated" in reference to a
			 complaint means that the complaint is written, was submitted to the school or
			 instructor at issue, was not resolved within 10 business days by the school or
			 instructor, and directly involves a matter regulated by subch. VI of ch. 343,
			 Stats., or this chapter, with probable cause to believe that a violation
			 occurred.
(6) "Vehicle" means a
			 4-wheeled self-propelled device meeting federal motor vehicle safety standards
			 with a minimum capacity of 2 persons.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.01 - Driver school and instructor license applications

Current through June 24, 2024
(1) Information
			 required in the application may include, but is not limited to, the following:
(a) Name of the applicant.
(b) Present address of applicant.
(c) Previous addresses of applicant in the
			 past 5 years.
(d) Description of
			 applicant and description of facilities.
(e) Training or experience instructing
			 drivers.
(g) The names of
			 instructors and a list of driver training cars, if applying for driver school
			 license.
(h) Any other information
			 that may be deemed relevant to the decision to grant or deny a
			 license.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.015 - Cooperative driver testing program

Current through June 24, 2024
(1) The department
			 may enter into a cooperative driver testing agreement with the driving school
			 to conduct knowledge tests as permitted by s.
			 343.16(1)
			 (c), Stats. Driver schools may administer the
			 knowledge and highway signs tests to students who are currently enrolled in
			 driver education. A driver school that has accumulated 2 or more points in the
			 past 24 months under s.
			 Trans
			 105.11 may not enter into the testing agreement with
			 the department.
(2) The agreement
			 under sub. (1) is voluntary and can be terminated by either the department or
			 the driver school.
(3) A school
			 that is participating in the cooperative driver testing program under s.
			 343.16(1)
			 (c), Stats., may provide the knowledge and
			 highway signs tests required under s.
			 343.62(4)
			 (a) 1, Stats., to its own
			 instructors.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.02 - Examination of applicants for instructor's license

Current through June 24, 2024
(1) Each applicant
			 for an instructor's license shall take the road test administered by the
			 department. The road test shall be scored in the same manner as are tests given
			 for regular operator's licenses and shall also include an actual demonstration
			 of procedures and techniques used instructing drivers. Tests required by s.
			 343.62(4)
			 (a), Stats., are required of all applicants
			 for original instructor's license and applicants whose instructor's licenses
			 have lapsed for one or more years. The department may also require retesting of
			 currently licensed instructors either as a part of a routine retesting program
			 or when it has reasonable cause to doubt the continued competency of any
			 individual instructor. An applicant shall complete a test on instructional
			 procedures or demonstrating teaching skills administered by the department.
			 This test may be administered orally. An applicant must receive a minimum score
			 of 80% to pass the test.
(2) An
			 instructor who has held an instructor's license for both behind-the-wheel and
			 classroom training, but is no longer eligible for an operator's license because
			 of a medical condition, may upon request to the department by the school,
			 obtain a classroom-only license.
(4) An applicant for an instructor's license
			 shall have a medical statement completed within the 24 months prior to the
			 application date by an authorized medical practitioner on a form supplied by
			 the department and submitted to the department with the school renewal. If the
			 applicant has a medical condition that impacts safe vehicle operation, the
			 department may request medical documentation more frequently based on ch. Trans
			 112.
(5) If the information filed
			 by the authorized medical practitioner is such as to indicate the person is not
			 physically fit to teach driving, the department may require the applicant to
			 submit to further medical examination or deny the license.
(6) An authorized departmental representative
			 may visit classroom sessions and ride in driver training cars during
			 instruction for the purpose of evaluating the teacher's preparation, knowledge
			 of the subject matter, and teaching ability, and determining if the approved
			 course is being followed.