reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.03 - Satisfactory driving record for driver instructor applicant or licensee

Current through June 24, 2024
(1) A
			 person's driving record shall not be considered satisfactory to hold an
			 instructor's license if that person:
(a) Has
			 accumulated more than 6 demerit points under s.
			 343.32(2),
			 Stats., during a one-year period, as specified in this paragraph and sub. (2).
1. The one-year period under this paragraph
			 shall be measured from the dates of the violations which resulted in the
			 accumulation of demerit points.
2.
			 Demerit point reduction under s.
			 Trans
			 101.07 does not apply to the computation of
			 accumulated points under this paragraph.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.04 - Driver school administrative procedures

Current through June 24, 2024
(1) Application for
			 a duplicate of a lost or destroyed license shall contain the information set
			 forth in s. Trans 105.01 (1) (a), (b), and (d) and shall be accompanied by a
			 certified statement that the original was lost or destroyed. The fee for a
			 duplicate license is $5.
(2) If a
			 school terminates active participation in the business of teaching driver
			 training for a fee, the school shall immediately forward such license to the
			 department for cancellation. All unissued course completion slips shall be
			 returned to the department.
Note:
Form MV3192, course completion slips, may be
				obtained from the Division of Motor Vehicles, P. O. Box 7920, Madison, WI
				53707-7920.
(3)
(a) If a driver school terminates active
			 participation in teaching driver training for a fee, the student shall do
			 either of the following:
1. Begin the driver
			 training over at a new school if the terminating school does not provide
			 documentation to the new school of what instruction was completed.
2. Receive credit for the completed hours of
			 driver training instruction when documentation of instruction is provided by
			 the terminating school to the new school, but shall complete the remaining
			 training with another school to meet the required driver education
			 requirement.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.05 - Driver schools to maintain records

Current through June 24, 2024
(1) The records
			 required by s. 343.71, Stats., shall be made
			 available for inspection at all reasonable times to an authorized
			 representative of the department.
(2)
(a) The
			 records required by s.
			 343.71(1m),
			 Stats., shall be kept for 4 years in a readily accessible format, and shall
			 include the following information for each person to whom instruction is given:
1. The student's last name, first name and
			 middle initial;
2. The student's
			 date of birth;
3. The student's
			 home address;
4. The contract or
			 agreement number; and
5. The total
			 number of hours of lessons, lectures, tutoring and other instruction or
			 services of any kind relating to motor vehicle operation
			 instructions.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.06 - General rules for conducting driver schools

Current through June 24, 2024
(1) Licensees shall
			 issue receipts for all fees collected.
(2) To be approved by the department, a
			 driver school's specific place of business required by s.
			 343.61 (4) (b),
			 Stats., shall:
(b) Be in an area zoned to
			 permit this type of business or a variance that authorizes the business to
			 operate at this address. The department may require the applicant to furnish
			 written proof thereof from the municipality where the driver school is
			 located.
(c) Contain sufficient
			 space, designated as the office facility, with equipment and personnel to
			 properly maintain and secure the records required by s.
			 343.71, Stats., and this
			 chapter.
(d) Not consist of a tent,
			 temporary stand, house trailer, hotel room, room in a rooming house or
			 temporary address.
(e) Not consist
			 solely of a telephone answering service. Each school shall have a listed
			 telephone number for the driver training school, in the school's
			 name.
(f)
1. Not consist of or include a single or
			 multiple family residence, unless it is a separate room with direct entrance
			 from outside of the residence. This paragraph applies to driver schools first
			 licensed on or after January 1, 2007.
2. Not consist of or include a single or
			 multiple family residence, unless it is separated from residential use by a
			 door or partition and it can be reached from the outside without entering the
			 residential rooms of the building. This paragraph applies to driver schools
			 first licensed between January 1, 1969 and January 1, 2007. Driver schools
			 licensed prior to January 1, 1969 are exempt from this requirement until either
			 the location or ownership is changed.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.07 - Special rules for instruction of students under 18 years of age

Current through June 24, 2024
(1)
(a) Except as otherwise provided by this
			 section, a licensed driver school may not offer courses in driver education
			 specified in s. 343.06, Stats., without first
			 obtaining the department's approval which shall be evidenced by an endorsement
			 on the license certificate. The endorsement shall specify whether the licensee
			 is authorized to provide classroom instruction or behind-the-wheel instruction,
			 or both to persons under 18 years of age.
(b) Requests for initial approval under this
			 section shall be accompanied by a course summary. After the course summary has
			 been initially approved, the licensee shall submit to the department for
			 approval any substantial proposed changes prior to their implementation.
1. The course summary shall specify a minimum
			 of one main topic or more for each hour. The classroom course shall cover, but
			 is not limited to the following:
b.
			 Responsibility of vehicle operation.
c. Mechanical and control features of the
			 vehicle.
d. Environmental dynamics
			 of driving.
e. Driving procedures:
			 Pre-driving skills and basic maneuvers.
f. City driving.
g. Rural driving.
h. Freeway driving.
i. Psychophysical aspects of
			 driving.
j. Vehicle
			 ownership.
k. Traffic citizenship
			 and highway safety progress.
l.
			 Instruction required under s.
			 343.71(5),
			 Stats.
Note:
This includes hazards posed by farm
				machinery, 30 minutes of instruction on organ and tissue donation, and
				information on motorcycle, bicycle, and pedestrian
				awareness.
2. The
			 behind-the-wheel course shall cover, but is not limited to the following:
a. Introduction to the automobile.
b. City driving.
c. Left and right turns.
d. Backing and Y turns.
e. Parking.
f. Rural driving (including multiple lane and
			 freeway if possible).
3.
			 Each classroom lesson plan shall cover no more than 2 hours. Each
			 behind-the-wheel lesson plan shall cover no more than one hour. Lesson plans
			 shall be kept on file with the driver school. The lesson plan shall specify the
			 following:
a. Title of lesson.
b. Session number.
c. Time allotted to this lesson.
d. Type of lesson (method; such as lecture,
			 demonstration, informal discussion, role playing, laboratory, drill and
			 practice, test, etc.).
e. Training
			 aides (chalkboard, slide projector, etc.).
f. Statement of objectives.
g. Reference material (textbooks, pamphlets,
			 movies, film strips, slides, charts, etc.).
h. Detailed lesson outline (which includes an
			 introduction, development and summary with assignment for next
			 lesson).
(c) A
			 student who satisfactorily completes the approved course and satisfies all
			 financial obligations required by the student's contract with the school shall
			 be given a certificate of completion on a form approved by the
			 department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.09 - Time period for review and determination of eligibility

Current through June 24, 2024
(1) A determination
			 of the eligibility for instructor's license shall be made no later than the
			 close of the business day 5 full business days after the day a complete
			 application is received by the department's bureau responsible for driver
			 schools and instructors. An application is complete when:
(a) All the required sections of the
			 application are accurately completed.
(b) All examinations have been
			 passed.
(c) The official conviction
			 record has been received.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.10 - Insurance and bond requirements

Current through June 24, 2024
(1) A driver school
			 shall do all of the following:
(a) Hold
			 minimum insurance of not less than $500,000 because of bodily injury to or
			 death of one person in any one accident and, subject to that limit for one
			 person, to a limit of not less than $500,000 because of bodily injury to or
			 death of 2 or more persons in any one accident and, if the accident has
			 resulted in injury to or destruction of property, to a limit of not less than
			 $50,000 because of injury to or destruction of property of others in any one
			 accident.
(b) Adjust the insurance
			 amounts under par. (a) every 5 years by multiplying the requirement amounts by
			 the percentage increase of the consumer price index from January 1, 2007 to
			 January 1 of the next fifth year [2012, 2017] and adding that amount to the
			 amounts in par. (a) rounded to the nearest $10,000 increment.
(c) Maintain a standard liability insurance
			 of not less than $500,000.
(d) File
			 certification of insurance with the department.
(e) Require the insurance carrier to notify
			 the department not less than 30 days before the policy expires or is materially
			 changed or canceled.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.11 - Driver school point system

Current through June 24, 2024
(1) The department
			 may assess points against a driver school or instructor that has violated any
			 provision in ss.
			 343.60 to
			 343.72,
			 Stats., or rules interpreting ss.
			 343.60 to
			 343.72,
			 Stats., that constitute grounds for the suspension or revocation of their
			 license. The department shall provide a licensee or applicant written notice of
			 a point assessment. Written notice of a point assessment shall specify the
			 reasons for the point assessment. All points assessed by the department shall
			 remain in effect for the duration for the next 24 months, and any new point
			 assessments shall be added to the existing point total for that licensee
			 throughout the next 24 months.
(2)
			 The department shall use the points assessed to determine the amount of bond
			 required for the next licensing period.
(3) The department may take licensing action
			 under the system of progressive enforcement described in s.
			 Trans
			 105.12, based on the number of points assessed. If
			 applicable, the written notice specified in sub. (1) may include the issuance
			 of a complaint to revoke or suspend a license, a written stipulation to a
			 conditional license, a civil forfeiture complaint, or notice of denial of a
			 license.
(4) Points shall be
			 assessed according to the following scale:
(a) Six points are assessed for any of the
			 following:
1. Having one's school or
			 instructor license withdrawn.
2.
			 Having 6 or more substantiated customer complaints within a license
			 period.
3. Providing documentation
			 or information to the department on any matter regulated by subch. VI of ch.
			 343, Stats., or this chapter which contains a false statement as to any
			 material matter.
4. Permitting
			 actions that could harm the customer physically or financially.
5. Performing work duties after consuming any
			 alcohol or controlled substance or other drug that impairs ability to drive a
			 motor vehicle.
6. Failing to comply
			 with DMV warning letter.
7.
			 Substantiated complaint from a parent, legal guardian or customer of
			 inappropriate conduct or actions with the customer.
8. Violating ss.
			 343.60 to
			 343.72,
			 Stats., that significantly harm highway safety.
9. Instructing at a driver training school
			 without the proper license.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.12 - Progressive enforcement actions

Current through June 24, 2024
(1) Before
			 recording points, the department shall notify the school or the instructor of
			 the reason for the proposed action. The school or instructor may respond within
			 10 days. Upon due consideration the department shall act. The department may:
(a) Record points assessed to driver schools
			 under s.
			 Trans
			 105.11.
(b) Record points assessed to instructors,
			 including points assessed by a driver school the instructor has worked for or
			 owned previously. Points assessed to instructor may also be assessed to a
			 school.
(c) Issue a conditional
			 license when appropriate.
(d)
			 Record less than the assessed points.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.01 - Purpose and scope

Current through June 24, 2024
(1) As authorized by ss.
			 85.16(1),
			 227.11,
			 and
			 345.60,
			 Stats., the purpose of this chapter is to establish the department's
			 administrative interpretation of ss.
			 343.30(1q)
			 (d),
			 343.305(10)
			 and
			 345.60,
			 Stats., relating to the certification of traffic safety schools, curriculum and
			 instructors.
(2) This chapter
			 applies to any organization applying for traffic safety school certification
			 and to any person applying for instructor certification. The provisions of this
			 chapter shall apply to new instructors and new schools applying for
			 certification after January 1, 1992 and to presently certified instructors
			 applying for recertification.
Forms used in this chapter include MVD 3301-Instructor
				  Report, MV 3302-Quarterly Report, MV 3304-Course Completion Certificate, MV
				  3306-Instructor Application for Certification and MV 3521-Student Enrollment
				  Confirmation. Forms are available from the Wisconsin Department of
				  Transportation, Maps and Publications Sales, 3617 Pierstorff Street, P.O. Box
				  7713, Madison, WI 53707-7713.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.03 - General rules for conducting traffic safety programs

Current through June 24, 2024
(1) General traffic
			 safety, group dynamics and multiple offender traffic safety programs and their
			 curricula shall be approved by the department.
(2) A general traffic safety program shall
			 meet the following conditions:
(a) Only one
			 traffic safety school program may be certified in each WTC district.
(b) Within each program, all site locations
			 shall be approved by the department and issued a site certification number.
			 Population density shall be considered in the approval process.
(c) At each site, one general traffic safety
			 program course shall be conducted each year.
(d) Classroom instruction shall be a minimum
			 of 12 hours. Sessions shall be held not less than once per month nor for a
			 period of greater than 4 months, and may not exceed 6 hours per week.
(e) Class size may not exceed 20 students.
			 Any exceptions to this limit shall be approved by the traffic safety school
			 program manager prior to course completion.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.04 - Cancellation of traffic safety school certification

Current through June 24, 2024
(1) A school
			 certification may be suspended or cancelled for failure to comply with s.
			 Trans
			 106.03.
(2) The appeal process for any school or
			 instructor wishing to appeal the cancellation of a certification is as follows:
(a) A school or instructor may request a
			 redetermination. The request for redetermination shall be written and shall set
			 forth clearly and concisely the specific grievances to the action, including a
			 statement of the relevant facts and provisions of law upon which the request is
			 based.
(b) A request for
			 redetermination shall be filed with the manager of the division of motor
			 vehicles traffic safety school program and shall be received by the division of
			 motor vehicles traffic safety school program within 30 days of the date that
			 the department cancelled the certification.
(c) The division of motor vehicles traffic
			 safety school manager, the supervisor of that position and the director of the
			 bureau of driver services shall conduct a determination and shall notify the
			 requestor of their decision within 30 days of receipt of the request for
			 redetermination.
(d) If aggrieved,
			 the requestor may, within 30 days of the date of the division's
			 redetermination, appeal the division's redetermination by filing a written
			 petition to the department of administration, division of hearings and appeals.
			 The decision of the division of hearings and appeals is the final
			 administrative decision but is subject to judicial review under s.
			 227.52,
			 Stats.
Note: The Division of Hearings and Appeals is located at 5005
				University Avenue, Suite 201, Madison, WI 53705.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.05 - School recertification after denial or cancellation

Current through June 24, 2024
A school may be recertified after denial or cancellation of
				certification if the school submits an application to the department
				accompanied by letters or other documents that provide sufficient information
				about the methods for change it has initiated or accomplished. A
				recertification decision shall be based on the action taken to eliminate the
				deficiencies that existed at the time of the denial or
				cancellation.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.06 - Instructor certification standards

Current through June 24, 2024
(1) To obtain a
			 department instructor certification, a person shall do all of the following:
(a) Hold a valid motor vehicle operator's
			 license from the department or from the appropriate authority in the other
			 jurisdiction in which the person resides. A nonresident shall provide the
			 department with all of the following:
1. A
			 record of the nonresident's operator's license status and traffic convictions
			 at the time of application for certification.
2. A report of any traffic conviction, while
			 the person is certified, within 30 days of that conviction, whether it occurs
			 in Wisconsin or another jurisdiction.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.07 - Group dynamics traffic safety program instructor qualifications

Current through June 24, 2024
To be certified, a group dynamics traffic safety instructor
				shall meet at least 2 of the following 3 subsections, including sub. (1) (a),
				(2) (a) or (3) (a) from at least one subsection, at the time of application. An
				individual who does not meet a requirement specified in sub. (1) shall monitor
				a general traffic safety course:
(1)
			 Traffic safety experience equal to one of the following:
(a) Two years of occupational experience, or
			 a comparable amount of experience and education in the area of traffic safety
			 or a related field, such as driver education, law enforcement, fleet safety
			 management, or experience in a safety related position with the division of
			 motor vehicles.
(b) Monitor the WTC
			 general traffic safety course plus have completed a one semester, or 45 hour,
			 traffic safety studies or accident prevention course.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.08 - Multiple offender traffic safety program instructor qualifications

Current through June 24, 2024
To obtain certification, a multiple offender traffic safety
				instructor shall:
(1) Meet the minimum
			 requirements of s.
			 Trans
			 106.07.
(2) Teach at least 3 group dynamics courses
			 in their entirety or have a bachelor's or master's degree in guidance
			 counseling, psychology, behavioral studies or social work.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.09 - General traffic safety program instructor qualifications

Current through June 24, 2024
To be certified, a general traffic safety program instructor
				shall have a minimum of traffic safety experience equal to one of the
				following:
(1) Two years of
			 occupational experience, or a comparable amount of experience and education in
			 the area of traffic safety or a related field, such as driver education, law
			 enforcement, fleet safety management, or experience in a safety related
			 position with the division of motor vehicles.
(2) Monitor the WTC general traffic safety
			 course plus have completed a one semester, or 45 hour, traffic safety studies
			 or accident prevention course.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.10 - Denial or cancellation of instructor certification

Current through June 24, 2024
An instructor certification shall be denied or cancelled for
				any of the following reasons:
(1)
			 Unsatisfactory driving record as defined in s.
			 Trans 106.06(1)
			 (b).
(2) Unsatisfactory classroom performance in
			 the classroom, based on either of the following:
(a) Excessive or continual deviation from the
			 department approved curriculum.
(b)
			 Failure to adhere to traffic safety program policies.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.11 - Instructor recertification after denial, cancellation or expiration

Current through June 24, 2024
(1) An
			 instructor may be recertified after denial, cancellation or expiration of
			 certification if the instructor submits an instructor certification application
			 approved by the program coordinator and accompanied by a letter or other
			 document that provides information and assurances about the action taken to
			 eliminate the deficiencies existing at the time of denial or cancellation. In
			 addition to the above, the letter shall verify that the instructor has:
(a) Monitored all courses for which the
			 instructor wishes to be certified if it has been 2 years since the expiration
			 or cancellation.
(b) Has a
			 satisfactory driving record.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 106 - Certification of traffic safety programs and instructors › Section Trans 106.12 - Advisory council

Current through June 24, 2024
(1) A traffic safety school advisory council
			 is established to recommend to the department uniform standards and guidelines
			 for initiating and maintaining statewide traffic safety school programs and to
			 promote interagency relations concerning the education and rehabilitation of
			 persons who have driven while intoxicated or have demonstrated other unsafe
			 driving practices.
(2) Members of
			 the council shall include representatives from the office of transportation
			 safety, the American automobile association, the board of the WTC, the
			 department of public instruction, the department, the county assessment
			 agencies, and a representative from each of the traffic safety school
			 programs.
(3) The functions and
			 responsibilities of the council include all of the following:
(a) Recommending program guidelines, such as
			 length of program, curriculum, instructor qualifications, fees, state and
			 regional in-service training, evaluation criteria, program changes, coordinator
			 responsibilities, program supervision, education techniques and program
			 procedures for communicating with law enforcement agencies, prosecutors,
			 courts, alcohol and other drug abuse referral agencies, the department and
			 other agencies.
(b) Promoting
			 program cooperation among law enforcement agencies, prosecutors, courts,
			 treatment centers, assessment agencies, educational agencies, the board of the
			 WTC, the American automobile association and the department.
(c) Developing and disseminating traffic
			 safety school program resources.
(d) Furthering traffic safety school program
			 public relations and education.
(e)
			 Reviewing and recommending approval of traffic safety school pilot
			 programs.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems › Section Trans 107.01 - Purpose and scope

Current through June 24, 2024
(1) STATUTORY AUTHORITY. As authorized by ss.
			 85.16(1),
			 227.11,
			 and
			 343.305(11),
			 Stats., the purpose of this chapter is to establish the department's
			 administrative interpretation of ss.
			 110.08,
			 227.42,
			 227.51,
			 343.06(1)
			 (d),
			 343.16(5),
			 343.25(4) and
			 (7),
			 343.30(1q)
			 (c), (d), (f),
			 343.305(10)
			 (c), (d), (em), and (f),
			 343.32(2)
			 (e),
			 343.40,
			 346.63(1)
			 and (2),
			 346.635,
			 940.09
			 and
			 940.25,
			 Stats., relating to driver licensing of persons who have chemical abuse or
			 chemical dependency problems.
(2)
			 APPLICABILITY. This chapter applies to anyone operating a motor vehicle and to
			 actions of the department in carrying out its driver licensing responsibilities
			 under ch. 343, Stats.
Forms used in administering this chapter are department of
				  transportation forms MV 3304 course completion certificate, MV3521 student
				  enrollment confirmation, MV 3141 driver behavior report, MV 3630 assessment of
				  the problem drinker, MV 3631 driver safety plan final report, MV 3632 court
				  order for intoxicated driver assessment and driver safety plan, MV 3633 driver
				  safety plan order, MV 3634 order for assessment and driver safety plan report,
				  MV 3635 assessment and driver safety plan status report, MV 3644 medical exam
				  report, and MV 3649 Wisconsin assessment of the impaired driver (WAID).
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems › Section Trans 107.02 - 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) "Assessment" means a voluntary or ordered
			 examination of the person's use of chemicals and development of a driver safety
			 plan for the person by an approved public treatment facility as defined in s.
			 51.45(2)
			 (c), Stats., or as provided by a program in
			 another state.
(2) "Assessor" means
			 a person who conducts assessments under s.
			 51.42(5)
			 (b), Stats., in a public treatment facility,
			 as defined in s.
			 51.45(2)
			 (c), Stats., according to the standards set
			 forth in ch. DHS 62, and instructions of the department of health
			 services.
(3) "Chemical abuse"
			 means the use of alcohol or other drugs, prescription or nonprescription, which
			 may adversely affect driving ability. It includes both irresponsible use and
			 borderline irresponsible use of alcohol or other drugs.
(4) "Chemical dependency" means dependence on
			 alcohol, a controlled substance, other drugs, or any combination thereof that
			 has attained such a degree that it interferes with a person's physical or
			 mental health or social or economic functioning.
(5) "Controlled substance" has the same
			 meaning as in s.
			 961.01(4),
			 Stats.
(5m) "County department"
			 means the community services program established under s.
			 51.42,
			 Stats., or its approved agency, or the county department of human services
			 established under s.
			 46.23,
			 Stats., that is responsible for each Wisconsin county's provision of services
			 for chemical abuse or dependency under ss.
			 51.42
			 and
			 51.45,
			 Stats.
(6) "Driver safety plan"
			 means:
(a) For Wisconsin residents, an
			 individualized plan of education or treatment, or both, based on an assessment
			 referral which specifies a traffic safety school defined under s.
			 345.60,
			 Stats., or treatment services, or a combination thereof, for alleviation of
			 identified chemical use, abuse or dependency problems.
(b) For nonresidents or residents temporarily
			 residing in another state, an individualized plan under par. (a) or a program
			 of education or treatment, or both, which satisfies the requirements of that
			 state.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems › Section Trans 107.03 - Information sources

Current through June 24, 2024
The department shall identify persons who have chemical abuse
				or dependency problems through:
(1)
			 Any and all operator's license applications,
(2) Medical information which the department
			 has requested under the provisions of s.
			 343.06(1)
			 (d) or
			 343.16(5),
			 Stats.,
(3) Reports or information
			 on driver condition or behavior,
(4) Accident reports with chemical
			 involvement,
(5) Court ordered
			 assessment reports in accordance with s.
			 343.30(1q)
			 or
			 343.305,
			 Stats.,
(6) Assessment reports
			 submitted in response to a department order issued pursuant to s.
			 343.16(5),
			 Stats.,
(7) Voluntary assessment
			 reports submitted pursuant to s.
			 343.30(1q)
			 (c) 1m, Stats.,
(8) County department assessment and driver
			 safety plan final reports,
(9)
			 Assessments, driver safety plans, or reports from a program in another state,
			 or
(10) Driving records with
			 chemically involved entries.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems › Section Trans 107.04 - Information to be considered in licensing actions

Current through June 24, 2024
(1) The following
			 information shall be considered in taking administrative licensing action under
			 s.
			 343.06(1)
			 (d),
			 343.16(5)
			 or (6), or
			 343.25(7),
			 Stats.:
(a) Medical reports, assessment
			 reports, driver safety plans, driver safety plan final reports, or a
			 combination thereof, with information on:
1.
			 Hospitalization for chemical abuse or dependency.
2. Outpatient or other treatment for chemical
			 abuse or dependency.
3.
			 Participation in self-help groups for chemical abuse or dependency.
4. Use of control agents, such as antabuse or
			 methadone.
5. Physician treatment
			 for chemical abuse or dependency.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems › Section Trans 107.05 - Medical reports

Current through June 24, 2024
(1) All physician medical reports under s.
			 343.16(5),
			 Stats., shall be based on an examination by a physician within the previous 3
			 months.
Note: Form MV3644 may be obtained upon request from the
				Division of Motor Vehicles, Bureau of Driver Services, P. O. Box 7918, Madison,
				Wisconsin 53707-7918, telephone (608),266-2233.
(2) Medical reports under s.
			 343.16(5),
			 Stats., shall be submitted within 30 days from license application, or
			 department request, unless an extension has been granted by the
			 department.
(3) Failure to submit
			 the medical examination report as required under s.
			 343.16(5),
			 Stats., and this chapter shall result in cancellation or denial of all
			 operating privileges, in accordance with ss.
			 343.25(7)
			 and
			 343.06(1)
			 (d), Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems › Section Trans 107.06 - Assessment referral

Current through June 24, 2024
A person shall be referred for assessment when:
(1) The person is identified by a source
			 described in s.
			 Trans 107.03
			 as possibly having a chemical abuse or dependency problem, unless the person is
			 in treatment, does not require treatment, or has completed treatment since the
			 identification.
(2) The department
			 has information that a person has had 2 OWI arrests within 12 months.
(3) A person has one OWI arrest within the
			 past 12 months and the department has an assessment report, driver safety plan
			 final report, medical report, or combination of reports that are chemically
			 related on file within the past 2 years.
(4) A person has been identified from one or
			 more sources described in s.
			 Trans 107.03
			 as possibly having a chemical abuse or dependency problem and the department
			 has an assessment, final report, medical, or combination of, reports that are
			 chemically related on file within the past 2 years.
(5) A person has one OWI arrest within the
			 past 12 months, and the person has had 2 OWIs within the past 2
			 years.
(6) The department receives
			 a medical report indicating a possible chemical use problem and the person is
			 not currently being treated for the chemical use problem.
(7) The department receives notice of an OWI
			 in another jurisdiction for an offense which if committed in this state would
			 have been cause for revocation or suspension under s.
			 343.30(1q),
			 Stats., and the person has not completed or is not currently participating in a
			 driver safety plan or any similar plan in another jurisdiction.
(8) In any case when an assessment is waived
			 or is not ordered by a court but is required by law.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems › Section Trans 107.07 - Reporting procedures

Current through June 24, 2024
(1) Assessments and assessment reporting
			 procedures shall be those established by ch. DHS 62. Standard department forms
			 shall be used for all reports.
(2)
			 Traffic safety school final report information forms shall be provided to the
			 county department when documentation by the traffic safety school indicates a
			 need for additional assessment which may require additional treatment not
			 recommended at the time of the original assessment.
(3) Amended driver safety plans shall be
			 accepted by the department when submitted by the county department documenting
			 the reason for changes in assessment findings or recommendations. Pursuant to
			 ss.
			 343.30(1q)
			 (d) and
			 343.305(10)
			 (d), Stats., a driver safety plan shall
			 include a termination date consistent with the plan which shall not extend
			 beyond one year of the date of assessment or reassessment.
(4) If the department does not receive a
			 report of compliance with the order to obtain an assessment within 60 days from
			 the date of an OWI or if the department receives information that the court has
			 not ordered an assessment, the department shall order an assessment under s.
			 343.30(1q)
			 (f), or
			 343.305(10)
			 (f), Stats., and the person shall have 45
			 days to provide notification of compliance with assessment order or the
			 person's operating privilege shall be canceled, denied or suspended as provided
			 in s.
			 Trans
			 107.08(1).
(5) When a department ordered assessment
			 under s.
			 Trans 107.06
			 has not been completed by the date of the OWI conviction, and the court
			 subsequently orders an assessment, the person shall not be required to comply
			 with the department ordered assessment. All previous driver safety plans shall
			 be waived when a new department or court ordered assessment has been completed
			 and a driver safety plan developed.
(6) If convicted of an amended charge, or the
			 charge is dismissed, appealed or vacated prior to completion of a voluntary,
			 department or court ordered assessment, compliance with the assessment order
			 shall not be required. If the person has already completed an assessment, the
			 person shall be required to comply with the driver safety plan if the
			 assessment findings meet the criteria for operating privilege denial or
			 cancellation under s.
			 Trans 107.08(1)
			 (g).
(7) A report of noncompliance with a driver
			 safety plan shall include the reason for noncompliance.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems › Section Trans 107.09 - Departmental review

Current through June 24, 2024
(1) In accordance with s.
			 343.30(1q)
			 (d) or
			 343.305(10)
			 (d), Stats., a person may request in writing
			 within 10 days of license suspension, a review of license suspension for not
			 complying with a driver safety plan as a result of a court ordered or
			 department ordered assessment.
(2)
			 The review shall be conducted by the review unit.
(3) The issues of the review shall be limited
			 to:
(a) Whether the person is in compliance
			 with the driver safety plan, and
(b) Whether the driver safety plan is
			 appropriate.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems › Section Trans 107.10 - Review boards

Current through June 24, 2024
(1) If the decision to deny or cancel
			 operating privileges is based in part on the results of a special examination
			 and a medical report involving chemical abuse or dependency under s.
			 343.16(5),
			 Stats., a person may request an appearance before a review board, or a review
			 by a board of the information on file with the department.
(2) After receiving the recommendation of a
			 review board, the department shall notify the person of the department's
			 decision within 10 working days after the person's appearance before the review
			 board. The notice shall include the review board's recommendations and
			 department's decision and shall state the reasons for the decision.
The department's decision to cancel, deny, suspend or revoke
				  licenses under this chapter is subject to judicial review, in accordance with
				  s.
				  343.40,
				  Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems › Section Trans 107.11 - Effective dates, transition provisions, and miscellaneous provisions

Current through June 24, 2024
(1) The effective date of all departmental
			 suspensions or revocations under this chapter shall be the date the order was
			 mailed, except if the person is currently under suspension or revocation, the
			 effective date shall be the date the license was surrendered for the previous
			 action, or the date of the conviction causing the new suspensions or
			 revocation, whichever is later.
(2)
			 For the purpose of counting the number of refusal revocations, OWI convictions,
			 or arrests, all such convictions, refusal revocations, or arrests prior to, on,
			 or after May 1, 1982 shall be counted by the department using the date of
			 offense or arrest.
(3) Reductions
			 in periods of revocation or suspension under ss.
			 343.30(1q)
			 (h) and
			 343.305(10)
			 (g), Stats., shall be made by the department
			 as provided in ss.
			 343.30(1q)
			 (f) and
			 343.305(10)
			 (f), Stats.
(4) The reinstatement date for suspensions
			 for noncompliance with assessment or a driver safety plan under ss.
			 343.30(1q)
			 (d) and
			 343.305(10)
			 (d), Stats., shall be the date the
			 reinstatement fee is paid or the date the department receives the notice of
			 compliance, whichever is later.
(5)
			 Implied consent refusals and OWI convictions from the same incident shall be
			 counted as one.
(6) As authorized
			 by ss.
			 343.30(1q)
			 (b) 1 and
			 346.63(1)
			 (c), Stats., if 2 citations are issued for
			 the same arrest incident under s.
			 346.63(1)
			 (a) and (b), (2) (a) 1 and 2., Stats., or 2
			 citations or complaints for s.
			 940.25(1)
			 (a) and (b) or
			 940.09(1)
			 (a) and (b), Stats., they shall be considered
			 as one arrest incident under this chapter.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.01 - Purpose and scope

Current through June 24, 2024
The purpose of this chapter is to establish the department's
				administrative interpretation of the provisions of ch. 343, Stats., that relate
				to the issuance of motor vehicle operator licenses to persons who have a
				medical condition that may affect their ability to exercise reasonable control
				over a motor vehicle. This chapter specifies by licensing category the
				functional ability levels necessary to exercise reasonable control of a motor
				vehicle for all persons applying for or holding any operator's license. This
				chapter also establishes non-medical requirements that relate to issuance of a
				school bus endorsement.
Forms used in this chapter are MV3030B Medical Examination
				  Report for Commercial Driver Licensing Endorsements, MV3030V Certificate of
				  Vision Examination by Competent Authority, and MV 3644 Medical Examination
				  Report. A sample copy of these forms may be obtained, free of charge, from the
				  Wisconsin Department of Transportation, Bureau of Driver Services, P. O. Box
				  7918, Madison, WI 53707-7918. See ss.
				  343.06,
				  343.12,
				  343.13,
				  343.135,
				  343.14
				  and
				  343.16,
				  Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.03 - Medical review standards

Current through June 24, 2024
(1) UNRESTRICTED
			 COMMERCIAL DRIVER LICENSES. No person shall be issued an unrestricted
			 commercial driver license unless the person complies with all the driver
			 qualifications specified in
			 49 CFR
			 391.41, and presents a medical certificate of
			 physical examination as required by
			 49 CFR
			 391.43 at the time of application.
(2) RESTRICTED COMMERCIAL DRIVER LICENSES.
			 The department may not issue a commercial driver license to a driver who does
			 not meet the physical qualifications of drivers' standards under
			 49 CFR
			 391.41 or who does not present a medical
			 certificate of examination required under
			 49 CFR
			 391.43 unless one of the following applies:
(a) The commercial driver license is subject
			 to a "K" restriction, the driver held a commercial driver license on or before
			 July 28, 1996, and the license has not been revoked on or after July 29, 1996.
Note:
See s.
				Trans
				327.09(2) (b)." K" restrictions limit
				operation to non-interstate commerce and are described in detail in s.
				343.17(3)
				(e) 1m, Stats.
(b) The commercial driver license is subject
			 to a restriction that permits only those types of commercial motor vehicle
			 operation for which drivers are exempt from the requirement of complying with
			 49 CFR part 391 under s.
			 Trans
			 327.09(1),
			 49 CFR
			 390.3(f), or 49 CFR 391.2.
Note:
This provision allows the Department to
				issue CDLs without requiring federal medical cards of persons employed by
				government units, or as school bus drivers, apiarian industry seasonal drivers,
				custom harvester drivers and certain farm vehicle drivers. Licenses issued
				under this provision are restricted to permit only that commercial vehicle
				operation which may be legally conducted without a federal medical card.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.04 - Information to be considered in licensing actions

Current through June 24, 2024
The review boards when making recommendations, and the
				department when taking licensing action under this chapter, may consider the
				following information:
(1) Any medical
			 condition affecting the person including, but not limited to:
(a) History of illness.
(b) Severity of symptoms, complications and
			 prognosis.
(c) Treatment and
			 medications, including effects and side effects, and the person's knowledge and
			 use of medications.
(d) Results of
			 medical tests and reports of laboratory findings.
(e) Physician's or APNP's medical
			 report.
(f) Physician's or APNP's
			 recommendations with regard to functional impairment.
(g) Physician's or APNP's identification of
			 risk factors.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.045 - All medical conditions

Current through June 24, 2024
No person may be issued, renew, or hold any classification of
				operators license or endorsement if a medical report shows any of the
				following:
(1) Effects or side effects
			 of medication interfere with safe driving, unless the physician or APNP
			 indicates the situation is temporary and not likely to recur.
(2) Complications of a condition interfere
			 with safe driving as assessed by a physician or APNP or as determined by a
			 driving evaluation.
(3) The person
			 is not reliable in following a prescribed treatment program to the extent that
			 noncompliance could affect the person's ability to drive safely.
(4) There is medical evidence that the person
			 uses alcohol or other drugs to an extent that it has an adverse effect on a
			 medical condition or interferes with treatment for the condition.
(5) There is medical evidence of a condition
			 that is likely to be accompanied by a syncope or collapse or which otherwise
			 may interfere with safe driving.