reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.05 - Alcohol or other drug use

Current through June 24, 2024
(1) With respect to
			 a person's chemical use, the review boards when making recommendations, and the
			 department when taking licensing action, may consider all information available
			 on the degree of the person's chemical use.
(2) The department may require information on
			 a person's functional ability including, but not limited to, the following:
(a) Medical assessment of the person, driver
			 safety plan, driver safety plan final reports concerning the person, or any
			 combination of these information categories, including the following:
1. Hospitalization of the person for chemical
			 abuse or dependency.
2. Outpatient
			 treatment of the person for chemical abuse or dependency.
3. Participation by the person in self-help
			 groups for chemical abuse or dependency.
4. Use of control agents, such as antabuse or
			 methadone by the person.
5.
			 Physician or APNP treatment of the person for chemical abuse or
			 dependency.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.06 - Conditions affecting cardiovascular function

Current through June 24, 2024
(1) With respect to
			 conditions affecting cardiovascular function, the review boards when making
			 recommendations, and the department when taking licensing action, may consider
			 disorders including, but not limited to, the following:
(a) Coronary artery disease, including
			 myocardial infarction.
(b)
			 Congestive heart disease.
(c)
			 Valvular disease or replacement valves.
(d) Congenital heart disease.
(e) Cardiomyopathy.
(f) Pericardial disease.
(g) Myocarditis.
(h) Corpulmonale.
(i) Conduction difficulties.
(j) Arrhythmias.
(k) Aortic or arterial occlusion or aneurysm.
(l) Impairment of peripheral
			 circulation.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.07 - Conditions affecting cerebrovascular function

Current through June 24, 2024
(1) With respect to
			 conditions affecting cerebrovascular function, the review boards when making
			 recommendations, and the department when taking licensing action, may consider
			 disorders including, but not limited to, the following:
(a) Cerebro-vascular accident or
			 stroke.
(b) Transient ischemic
			 attack or TIA.
(c) Carotid artery
			 occlusion.
(d) Aneurysm.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.08 - Conditions affecting endocrine function

Current through June 24, 2024
(1) With respect to
			 conditions affecting endocrine function, the review boards, when making
			 recommendations, and the department when taking licensing action, may consider
			 disorders including, but not limited to, the following:
(a) Diabetes mellitus.
(b) Pituitary disorders.
(c) Thyroid disorders.
(d) Parathyroid disorders.
(e) Adrenal dysfunction.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.10 - Conditions affecting neurological or neuromuscular function

Current through June 24, 2024
(1) With respect to
			 conditions affecting neurological or neuromuscular function, the review boards
			 when making recommendations, and the department when taking licensing action,
			 may consider disorders including, but not limited to, the following:
(a) Brain injury.
(b) Cerebral palsy.
(c) Multiple sclerosis.
(d) Muscular dystrophy.
(e) Myasthenia gravis.
(f) Neuralgia or neuritis.
(g) Parkinson's disease or other
			 extrapyramidal disorders or symptoms.
(h) Poliomyelitis.
(i) Seizure disorders.
(j) Spinal cord injury.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.12 - Conditions affecting psychosocial, mental or emotional function

Current through June 24, 2024
(1) With
			 respect to conditions affecting psychosocial, mental or emotional function, the
			 review boards when making recommendations, and the department when taking
			 licensing action, may consider disorders including, but not limited to, the
			 following:
(a) Schizophrenia.
(b) Personality disorders.
(c) Bipolar disorder.
(d) Delusional disorders.
(e) Dementia and organic brain
			 syndrome.
(f) Other mood
			 disorders.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.13 - Conditions affecting respiratory function

Current through June 24, 2024
(1) With respect to
			 conditions affecting respiratory function, the review boards when making
			 recommendations, and the department when taking licensing action, may consider
			 disorders including, but not limited to, the following:
(a) Chronic obstructive pulmonary
			 disease.
(b) Asthma.
(c) Emphysema.
(d) Bronchitis.
(e) Tuberculosis.
(f) Silicosis.
(g) Pulmonary emboli.
(h) Pulmonary hypertension.
(i) Pulmonary tumors.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.14 - Conditions affecting sensory function

Current through June 24, 2024
(1) With respect to
			 conditions affecting sensory function, the review boards when making
			 recommendations, and the department when taking licensing action, may consider
			 conditions including, but not limited to, the following:
(a) Cataracts.
(b) Macular degeneration.
(c) Retinitis pigmentosa.
(d) Diabetic retinopathy.
(e) Glaucoma.
(f) Deafness.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.155 - Condition of employment for school bus drivers

Current through June 24, 2024
(1) The department
			 shall require any person who applies for issuance or renewal of a school bus
			 endorsement to certify whether the person has been convicted of any offense
			 listed under s. Trans 112.15 (1), (2) or (3). The person shall submit the
			 certification on a form prescribed by the department. The department shall deny
			 or cancel a school bus endorsement based on a certification that the person has
			 been so convicted. This certification shall be submitted to either the
			 employer, who shall maintain it as a portion of the driver's record, or to the
			 department on form MV3740, "School Bus or Alternative Vehicles Transporting
			 Students Driver License Information Request."
Note:
Form MV3740 may be obtained at any DMV
				customer service center or by calling (608) 266-2353.
(2) The department shall conduct a criminal
			 history record search on each person who applies for issuance and renewal of a
			 school bus endorsement, and on each person 4 years after the initial issuance
			 or renewal of that person's school bus endorsement.
(3) If a person applying for a school bus
			 endorsement has resided in another state within the 2 years preceding the date
			 of the application, the person shall notify the department of those other
			 states of residence and the approximate dates of the residency. Upon receiving
			 that information, the department shall make a good faith effort to obtain the
			 person's criminal history records from the other states of residence, including
			 submitting the person's fingerprints to the department of justice for a
			 nationwide criminal history records search. The department may require an
			 applicant who has resided in another state within the previous 2 years to pay a
			 fixed fee, in an amount not to exceed the department's costs, related to
			 collecting fingerprints and completing the 2 criminal history records searches
			 required at initial issuance or renewal and at 4 years after initial issuance
			 or renewal.
(4) The department may
			 require any applicant for a school bus endorsement to provide 2 sets of
			 fingerprints for a criminal history records search.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.16 - License restrictions

Current through June 24, 2024
(1) The department may restrict a person's
			 operating privilege based on any of the following:
(a) A recommendation of a physician, APNP or
			 vision specialist.
(b) The results
			 of a driving examination or evaluation.
(c) Failure to show the medical certificate
			 of physical examination required by
			 49 CFR
			 391.43.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.17 - Periodic reports

Current through June 24, 2024
The department may require a person who has a progressive,
				recurring or debilitating condition to submit to follow-up examinations and
				reports by a physician, APNP or vision specialist as a condition of
				licensure.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.18 - Driving evaluation

Current through June 24, 2024
(1) If a physician, APNP or vision specialist
			 recommends that the person complete a test of driving ability, and the
			 department deems that person eligible, the driving evaluation or examination
			 shall be in a vehicle representative of the highest licensing classification
			 the person holds or for which the person is applying. A driving evaluation may
			 consist of a knowledge and sign identification test and an on-road test of
			 driving ability.
(2) The department
			 may require a driving evaluation of any person having any significant limb,
			 hand or foot defect or limitation, including full or partial
			 amputations.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.19 - Notice of departmental licensing actions

Current through June 24, 2024
(1) Persons
			 affected by any departmental licensing action shall be given written notice
			 thereof by first class mail sent to the person's most recent mailing address on
			 file with the department.
(2) A
			 notice of license denial or cancellation shall include the specific reasons for
			 the action and information on applicable review and appeal
			 procedures.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 112 - Medical Standards For Driver Licensing And General Standards For School Bus Endorsements › Section Trans 112.20 - Review boards

Current through June 24, 2024
(1) A person whose license is denied or
			 canceled under ss.
			 Trans
			 112.05 to may request 112.14 an appearance before a
			 review board to obtain a review of the department's licensing action.
(2) A review board may assess the person's
			 medical history and may recommend that an exception be granted by the
			 department if, in the review board's medical opinion, the person's medical
			 condition does not impair the person's ability to safely operate the class or
			 type of motor vehicle for which the person's operating privilege has been
			 denied. No exceptions may be granted to the standards of ss.
			 Trans
			 112.03(2),
			 112.05(3) (b) 1.
			 to 3., 112.10 (3) (c) 1. or 112.14 (3) (e) 1. and 2., and a person who does not
			 meet those standards may not request a review board assessment
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 113 - Administrative suspension of operating privilege for operating a motor vehicle with a prohibited alcohol concentration › Section Trans 113.01 - Purpose and scope

Current through June 24, 2024
As authorized by s.
				85.16(1),
				Stats., the purpose of this chapter is to establish the department's
				administrative interpretation of s.
				343.305(7)
				and (8), Stats., relating to arrest for
				operating with a prohibited alcohol concentration, administrative suspension of
				operating privilege and reviews therefor.
Prohibited alcohol concentration is defined by s.
				  340.01(46m),
				  Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 113 - Administrative suspension of operating privilege for operating a motor vehicle with a prohibited alcohol concentration › Section Trans 113.02 - 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) "Hearing examiner" means an examiner or
			 officer of the department authorized to conduct administrative
			 reviews.
(2) "Law enforcement
			 officer" means any person employed by the state or any political subdivision of
			 the state for the purpose of detecting and preventing crime and enforcing laws
			 or ordinances and who is authorized to make arrests for violations of the laws
			 or ordinances the person is employed to enforce.
(3) "Office of the department" means an
			 office of the department that is staffed by personnel of the bureau of field
			 services region 5 days a week, or is the home office location in the assigned
			 region for bureau of field services personnel who regularly travel to other
			 locations.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 113 - Administrative suspension of operating privilege for operating a motor vehicle with a prohibited alcohol concentration › Section Trans 113.03 - Law enforcement officer actions and information provided to driver

Current through June 24, 2024
If a person is tested for alcohol concentration in accordance
				with s.
				343.305,
				Stats., and test results indicate a prohibited alcohol concentration, the law
				enforcement officer shall:
(1) Take
			 possession of the license issued to the person that was issued under ch. 343,
			 Stats. If the person is operating under a license issued by another
			 jurisdiction, the law enforcement officer shall take possession of that
			 license. The license shall be forwarded to the department. Any valid Wisconsin
			 operator's license may be accepted as a deposit pursuant to s.
			 345.23(2)
			 (c), Stats., prior to being forwarded to the
			 department.
(2) Provide the person
			 with 2 separate forms as follows:
(a) A notice
			 of intent to suspend which does all of the following:
1. Serves as a 30 day temporary operator's
			 license, provided the person has a valid license status.
2. Notifies the person that his or her
			 operating privilege will be administratively suspended in 30 days.
3. Notifies the person of the right to obtain
			 administrative and judicial review of the suspension.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 113 - Administrative suspension of operating privilege for operating a motor vehicle with a prohibited alcohol concentration › Section Trans 113.04 - Reviews

Current through June 24, 2024
(1) Written request for a review must be
			 received or postmarked within 10 days after the date of the notice of intent to
			 suspend operating privilege under s.
			 Trans
			 113.03 or if notification is by mail, within 13 days,
			 excluding Saturdays, Sundays and holidays, after the date of mailing.
(2) Reviews shall be conducted:
(a) By the department at the office in the
			 county where the offense allegedly occurred or, if the offense allegedly
			 occurred in a county in which the department does not maintain an office, at
			 the office of the department nearest to the location where the offense
			 allegedly occurred.
(b) Within the
			 30 day period after the date of the notice of intent to suspend operating
			 privilege.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 113 - Administrative suspension of operating privilege for operating a motor vehicle with a prohibited alcohol concentration › Section Trans 113.05 - Suspensions

Current through June 24, 2024
The suspension shall be effective beginning at 12:01 A.M. on
				the 31st day after the date of the notice of intent to suspend operating
				privilege under s.
				Trans
				113.03, unless the department is notified by the
				examiner that the criteria in s.
				343.305(8)
				(b), Stats., for administrative suspension
				have not been satisfied.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 113 - Administrative suspension of operating privilege for operating a motor vehicle with a prohibited alcohol concentration › Section Trans 113.06 - Department to vacate administrative suspension

Current through June 24, 2024
The department shall vacate the administrative suspension
				unless within 60 days of the date of the request for judicial review of the
				administrative hearing decision, the department has been notified of the
				results of the judicial review or of an order of the court entering a stay of
				the examiner's order continuing the suspension.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 114 - Uniform Traffic Citation › Section Trans 114.01 - Purpose and scope

Current through June 24, 2024
As authorized by s.
				345.11(4),
				Stats., the purpose of this chapter is to establish a uniform traffic citation
				form and to provide a mechanism for field testing future revisions to the
				uniform traffic citation form as proposed by the council on uniformity of
				traffic citations and complaints.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 114 - Uniform Traffic Citation › Section Trans 114.02 - Definitions

Current through June 24, 2024
The words and phrases defined in ss.
				340.01
				and
				343.01,
				Stats., and ch. 345, Stats., have the same meaning in this chapter unless a
				different meaning is expressly provided or the context clearly indicates a
				different meaning. In this chapter:
(1) "Automated citation" means an automated
			 uniform traffic citation described in s.
			 345.11(2),
			 Stats., created on a computer and printed on paper in the format prescribed by
			 this chapter, rather than on a preprinted citation form.
(2) "Field test" means to utilize a prototype
			 traffic citation form among a representative number of law enforcement
			 jurisdictions that volunteer to field test it.
(3) "Prototype uniform traffic citation form"
			 means a form created by the secretary's council on uniformity of traffic
			 citations and complaints, which serves as a model for field testing and against
			 which the secretary's council bases its recommendations for improvements when
			 drafting the final version of the uniform traffic citation form.
(4) "Field test jurisdiction" means a law
			 enforcement jurisdiction which volunteers to field test a prototype uniform
			 traffic citation form.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 114 - Uniform Traffic Citation › Section Trans 114.03 - Prototype uniform traffic citation form use

Current through June 24, 2024
A prototype uniform traffic citation form may be used in field
				tests for the purpose of evaluating the changes authorized under s.
				345.11,
				Stats., and to allow for input by affected parties toward the final design of
				the uniform traffic citation form. The prototype uniform traffic citation form
				will be used in lieu of the current traffic citation form in the field test
				jurisdictions during the field test. However, use of the prototype uniform
				traffic citation form does not invalidate the use of the current uniform
				traffic citation in the field test jurisdictions or in any other jurisdiction
				during the field test period.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 114 - Uniform Traffic Citation › Section Trans 114.04 - Safeguards

Current through June 24, 2024
To ensure the authenticity of documents and prevent fraud, the
				department may implement procedures designed to prevent duplication or
				fraudulent alteration of documents, including:
(1) Requiring control numbers appear on
			 preprinted and automated citations.
(2) Issuing blocks of control numbers to
			 designated law enforcement agencies, law enforcement officers, or specific
			 computers, to be printed on automated citations.
(3) Auditing the use of citation forms and
			 automated citation systems.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 114 - Uniform Traffic Citation › Section Trans 114.06 - Uniform traffic citation

Current through June 24, 2024
(1) PREPRINTED
			 UNIFORM TRAFFIC CITATIONS. The preprinted uniform traffic citation forms shall
			 be a 4-page preprinted form distributed by the department, the pages of which
			 shall conform to the following requirements:
(a) Each printed copy of the form shall
			 contain a unique control number, determined by the department.
(b) The front side of each page of the
			 uniform traffic citation shall be identical and shall be in the format set
			 forth in figure 1.
(c) The reverse
			 sides of each page shall differ according to use as follows:
1. Page one of the form is intended for use
			 and filing by the court in which the citation is used. The reverse side of page
			 one shall contain information needed by the court in the format set forth in
			 figure 2.
2. Page 2 of the form is
			 intended for eventual submission to the department. The reverse side of page 2
			 shall contain a report of court disposition in the format set forth in figure
			 3. The report shall be sent to the department within 5 days of the resolution
			 of the case.
Note:
s.
				345.37(5).
3. Page 3 of the form is intended
			 for distribution to the person who is issued the citation. The reverse side of
			 that page shall contain information for the person who was issued the citation
			 in the format set forth in figure 4.
4. Page 4 of the form is intended for
			 retention by the issuing agency. The reverse side of that page shall contain
			 space for the issuing officer or agency to enter notes or other information,
			 and shall be in the format set forth in figure 5.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 114 - Uniform Traffic Citation › Section Trans 114.07 - Use of uniform traffic citation

Current through June 24, 2024
(1) USE OF OLD
			 FORMS. Law enforcement agencies may use any of the uniform traffic citation
			 forms that have been printed and are in use or storage, until stores of printed
			 forms are consumed.
(2) NEWLY
			 PRINTED FORMS. All uniform traffic citation forms printed after October 1,
			 2015, shall conform to the requirements of s.
			 Trans
			 114.06.
(3) NOTICE OF COURT DATE REQUIRED ON
			 COMPLETED CITATION. In addition to the information specified in s.
			 345.11(2),
			 Stats., the completed uniform traffic citation served on a defendant driver
			 shall include the date and time at which the defendant driver is required to
			 appear in court or by which the defendant driver must post deposit or bail for
			 the offense or pay the forfeiture.
At the time the Uniform Traffic Citation was initially
				  created, different jurisdictions printed and used different forms. Use of those
				  forms was prohibited and remains prohibited. Subsequent changes to the uniform
				  traffic citation, however, are largely cosmetic and have been made for
				  convenience of law enforcement, the courts and the Department. All uniform
				  traffic citation forms provide the essential information needed by a defendant,
				  the courts and DOT. Therefore, this chapter permits old stores of forms to be
				  used as a cost-saving measure for law enforcement agencies. Using up old stores
				  of forms also helps to prevent misuse of discarded
				  forms.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 114 - Uniform Traffic Citation › Section Trans 114.08 - Changes to the uniform traffic citation

Current through June 24, 2024
(1) The secretary
			 may change the citation content and format in this chapter without rule making
			 in order to:
(a) Change the order of fields
			 for data processing purposes.
(b)
			 Make any change needed to conform the form to changes in state law.
(c) Make any content or format change on the
			 reverse side of page one of the form requested by the director of state courts.
Note: The reverse side of page one of the form is shown in
				Figure 2 to this rule.
(d)
			 Make any content or format change on the reverse side of page 4 of the form
			 requested by law enforcement agencies.
Note: The reverse side of page one of the form is shown in
				Figure 5 to this rule.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 115 - Third Party Testing › Section Trans 115.01 - Purpose

Current through June 24, 2024
As authorized by s.
				343.02,
				Stats., the purpose of this chapter is to establish policies and procedures to
				authorize persons, other than employes of the department, to conduct the
				commercial driver license skills tests required of commercial driver license
				applicants. Authority to administer CDL skills tests will be granted only to
				third party testers under agreement with the department and utilizing third
				party examiners recognized and deemed qualified by the
				department.
Forms used in this chapter are MV3442 pre-trip score sheet,
				  MV3543 road test score sheet for A, B, & C class licenses, MV3547
				  application-CDL tester-organization, MV3548 application-CDL examiner, MV3549
				  agreement-CDL tester, MV3550 authority-CDL tester, MV3551 CDL test annual log,
				  MV3552 record-CDL operator test, MV3553 certification-CDL skills test, MV3554
				  record-CDL tester audit and MV3557 third party examiner certificate. 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 7917,
				  Madison, WI 53707-7917.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 115 - Third Party Testing › Section Trans 115.02 - 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 addition, in this chapter:
(1) "Authority or "authorization means the
			 document issued to a third party tester allowing the holder to administer the
			 authorized testing program on behalf of the department.
(2) "Authorized testing program means the CDL
			 skills tests required by the department which shall be administered by a third
			 party tester.
(3) "CDL means
			 commercial driver license.
(4) "CDL
			 skills test means the test of a person's ability to drive a commercial motor
			 vehicle by performing the pre-trip, basic control and road test maneuvers
			 required by ch. Trans 104.
(5) "CMV
			 means commercial motor vehicle.
(6)
			 "Department sanctioned CDL examiner training course means a course conducted by
			 the department or a school of the Wisconsin technical college system authorized
			 by the department, to prepare a person to conduct the CDL skills
			 test.
(7) "Examiner identification
			 certificate means a certificate issued to a person who has been authorized by
			 the department as a qualified third party examiner to conduct the CDL skills
			 test.
(8) "FMCSA means the federal
			 motor carrier safety administration.
(9) "FMCSR means the federal motor carrier
			 safety regulations promulgated by the U.S. department of
			 transportation.
(10) "Primary place
			 of business means the central operating location of the third party tester in
			 the state of Wisconsin.
(11) "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.
(12) "Third party
			 tester means a person including, but not limited to, an agency or department of
			 this state or its political subdivisions or another state, or a private
			 employer authorized by the department to administer the authorized testing
			 program for CDL applicants in accordance with this chapter.
Private driver training schools are prohibited from becoming
				  third party testers by s.
				  343.16(1)(b),
				  Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 115 - Third Party Testing › Section Trans 115.04 - Requirements for third party testers

Current through June 24, 2024
(1) To be granted
			 third party tester authority, a party shall:
(a) Make application to and enter into an
			 agreement with the department. The application shall be made on a form supplied
			 by the department and include all of the following:
1. Certification that the applicant maintains
			 a primary place of business with at least one permanent regularly occupied
			 structure.
2. Certification that
			 the primary place of business is safe, meets all requirements of state law and
			 local ordinances, and, along with all records, is locked and secured when not
			 in use.
3. The official name,
			 address and telephone number of the primary place of business.
4. Certification that the applicant employs a
			 safety officer or official who is responsible for the organization's third
			 party testing operation.
5. The
			 name, title, address and telephone number of the safety officer or other
			 official who has been designated as a contact person with the
			 department.
6. Certification that
			 the applicant employs at least one third party examiner.
7. The type of organization the applicant
			 represents including, but not limited to, governmental entity, association,
			 motor carrier, educational institution.
8. If applicable, a description of the
			 vehicle fleet owned or leased by the applicant, including the number of CMVs by
			 class and type.
9. The class of
			 testing and endorsements for which the applicant is applying.
10. If applicable, the total number of
			 Wisconsin licensed drivers employed to operate CMVs.
11. A designated skills test route or routes
			 acceptable to the department which shall include all of the following:
a. The address of each Wisconsin location
			 where the applicant intends to conduct the CDL skills tests.
b. A description of the off-road facilities
			 as well as a map, drawing or written description of each test route that will
			 be used for the on-road portion of the CDL skills test.
12. A $100 application fee.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 115 - Third Party Testing › Section Trans 115.05 - Requirements for third party examiners

Current through June 24, 2024
(1) To be granted
			 an examiner identification certificate, a third party examiner shall:
(a) Make application to the
			 department.
(b) Possess a valid
			 Wisconsin CDL with classification and endorsements necessary for operation of
			 the class and type of CMV used in the CDL skills tests conducted by the
			 examiner.
(c) Have 2 years licensed
			 experience operating the class of CMV used in the CDL skills test conducted by
			 the examiner.
(d) Have successfully
			 passed and paid all fees for a department sanctioned CDL examiner training
			 course.
(e) Within 4 years prior to
			 application have had no convictions for operating any motor vehicle while
			 intoxicated.
(f) Within 4 years
			 prior to application have had no operator's license suspensions, revocations,
			 cancellations or disqualifications for a traffic offense other than parking
			 violations.
(g) Have had no
			 conviction involving fraudulent activities, and within 10 years prior to
			 application and subject to ss.
			 111.321,
			 111.322, and
			 111.335, Stats., have had no
			 felony conviction.
(h) Meet all of
			 the following physical standards:
1. Have no
			 impairment of a hand, arm, foot, or leg which interferes with the ability to
			 perform normal tasks associated with operating a CMV or any other significant
			 limb defect or limitation which interferes with the ability to perform normal
			 tasks associated with operating a CMV.
2. Vision-acuity of 20/40 in either eye and
			 at least 20/100 in the other eye with or without corrective lenses and a
			 horizontal, temporal field of vision of 70 degrees or more from the center in
			 each eye and ability to recognize the colors of traffic signals.
3. Hearing-The applicant shall hear normal
			 spoken voice with or without corrective help.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 115 - Third Party Testing › Section Trans 115.06 - Authority and certificates

Current through June 24, 2024
(1) An
			 authorization document shall be issued to each qualified third party
			 tester.
(2) An examiner's
			 identification certificate shall be issued to each qualified examiner of the
			 third party tester.
(3) A copy of
			 the examiner's identification certificate shall be displayed in the primary
			 place of business of the third party tester.
(4) The authorization document issued by the
			 department to a third party testing program shall be displayed in the primary
			 place of business of the third party tester.
(5) A third party tester authorization or
			 examiner identification certificate shall be non-transferable.
(6) Each authorization document or examiner
			 identification certificate shall be effective on the date of issuance and shall
			 expire at the end of the calendar year, except that it shall expire at the end
			 of the next calendar year if issued after June 30.
(7) All renewal application forms and fees
			 shall be submitted to the department not less than 30 days prior to the time
			 the previous authorization or examiner's identification certificate
			 expires.
The department will not be responsible for the timely
				  issuance of any renewal authorization document or examiner's identification
				  certificate when the application is not received in the required time frame.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 115 - Third Party Testing › Section Trans 115.07 - On-site inspections and audits

Current through June 24, 2024
(1) A new applicant
			 for third party tester authority shall allow the FMCSA or the department, or
			 both, to inspect and audit its operations, facilities and records as they
			 relate to its third party testing program, for the purpose of determining
			 whether the applicant is qualified to be granted authority.
(2) A third party tester who has been granted
			 authority shall allow the department or FMCSA, or both, to inspect and audit
			 its third party testing program to determine whether it remains in compliance
			 with this chapter.
(3) The
			 department or FMCSA, or both, may perform inspections and audits at any time
			 with or without prior notice to the third party tester.
(4) Inspections and audits shall be conducted
			 at least biennially and shall include an examination of all of the following:
(a) Records relating to the third party
			 testing program.
(b) Evidence of
			 compliance with the FMCSR, Wisconsin statutes and this chapter.
(c) Skills testing procedures, practices and
			 requirements.
(d) Vehicles used for
			 testing.
(e) Qualifications of
			 third party examiners.
(f)
			 Effectiveness of the CDL skills test program which shall be determined by any
			 of the following means:
1. Having department
			 employes take the CDL skills tests actually administered by the third party
			 examiner.
2. Retesting a sample of
			 drivers who were examined by the third party.
3. Having department employees' co-score
			 along with the third party examiner during CDL skills tests.
(g) Any other aspect of the third
			 party tester's operation that the department determines is necessary to verify
			 that the third party tester meets the requirements of this chapter.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 115 - Third Party Testing › Section Trans 115.08 - Professional conduct and advertising

Current through June 24, 2024
(1) Third party
			 examiners shall conduct themselves in a professional manner and display good
			 driving behavior.
(2) A third party
			 tester may advertise that the tester is authorized by the department of
			 transportation to conduct CDL skills tests but may not indicate that a program
			 is approved, sanctioned, or in any other way endorsed by the department over
			 another program.
(3) No third party
			 examiner or tester or employe or agent of a third party tester shall:
(a) Publish, advertise or imply any of the
			 following:
1. That a program can issue or
			 guarantee the issuance of a CDL.
2.
			 That the tester can influence the department's decision to issue a
			 CDL.
3. That preferential or
			 advantageous treatment from the department can be obtained.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 115 - Third Party Testing › Section Trans 115.09 - Minimum insurance and bond requirements

Current through June 24, 2024
(1) All third party
			 testers shall maintain commercial insurance coverages and limits as follows:
Coverage
Limits
Comprehensive general liability
$1,000,000 combined single limits per
							 occurrence.
Business auto policy
$1,000,000 combined single limits-coverage shall
							 apply to owned and non-owned vehicles used in the CDL skills test.
Worker's compensation and employers liability
Worker's compensation-Statutory employers
							 liability-$500,000
(2) As
			 evidence of required insurance coverage, the third party tester shall file with
			 the department one of the following:
(a) A
			 certificate of insurance issued by an insurance company licensed to do business
			 in this state.
(b) A certificate of
			 self insurance issued by a group motor vehicle self insurance pool, stating
			 that there is in effect a contract of insurance providing the coverage required
			 to participate in this program, which certificate shall stipulate that the
			 insurance shall not be canceled except upon 30 days prior written notice to the
			 department.
(c) A certificate of
			 self insurance indicating a net worth in excess of $20,000,000 issued by the
			 department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 115 - Third Party Testing › Section Trans 115.10 - Test administration

Current through June 24, 2024
(1) Skills tests shall be conducted strictly
			 in accordance with the provisions of ch. Trans 104 and with current test
			 instructions provided by the department. Such instructions may include
			 information on CDL skills test content, route selection, test forms, examiner
			 procedures, and administrative procedures.
(2) Skills tests shall be conducted:
(a) On test routes authorized by the
			 department.
(b) In a CMV that is
			 representative of the class and endorsement for which the CDL applicant seeks
			 to be licensed and for which the third party examiner is qualified to
			 test.
(c) Using department
			 authorized content, forms and scoring procedures.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 115 - Third Party Testing › Section Trans 115.11 - Denial and cancellation of third party testing

Current through June 24, 2024
(1) The department
			 may cancel, deny or refuse to renew a third party tester authorization or an
			 examiner's identification certificate for any of the following:
(a) The organization or person does not
			 qualify as a third party tester or examiner under the provisions of this
			 chapter.
(b) Failure to comply with
			 or satisfy any of the provisions of a third party tester agreement or any other
			 requirements of this chapter.
(c)
			 Fraud or misrepresentation.
(d)
			 Falsification of any records or information relating to third party tester or
			 examiner program.
(e) Commission of
			 any act which compromises the integrity of the third party tester or examiner
			 program.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 117 - Occupational driver's license › Section Trans 117.01 - Purpose and scope

Current through June 24, 2024
(1) The purpose of this chapter is to
			 administratively interpret ss.
			 343.10,
			 343.20,
			 351.07
			 and
			 961.50,
			 Stats., and the interaction of these statutory provisions with the general
			 licensing requirements of ch. 343, Stats. This chapter establishes the
			 procedure for obtaining an occupational license. It establishes department
			 policy regarding the issuance of occupational licenses.
(2) This chapter applies to any person
			 petitioning a court for review of a department order authorizing or denying the
			 issuance of an occupational license and to all persons applying to the
			 department or a court for the issuance of an occupational license.
Procedure and eligibility requirements for occupational
				  licenses are set forth in ss.
				  343.10 and
				  351.07,
				  Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 117 - Occupational driver's license › Section Trans 117.02 - Definitions

Current through June 24, 2024
(1) The words and phrases defined in ss.
			 340.01,
			 343.01
			 and
			 343.04(1),
			 Stats., have the same meaning in this chapter unless a different meaning is
			 specifically provided.
(2) In this
			 chapter:
(a) "Alcohol offense" means a
			 suspension, revocation or conviction that may be counted under s.
			 343.307(1),
			 Stats. Multiple suspensions, revocations or convictions arising out of the same
			 incident or arrest shall be counted as one alcohol offense.
(b) "Basic driver license" means a regular
			 license, commercial driver license, motorcycle only license, special restricted
			 license or probationary license, as those terms are used in s.
			 343.03(3),
			 Stats., that has been revoked, suspended, cancelled or disqualified.
(e) "DMV service center" means a division of
			 motor vehicles service center.
(f)
			 "License" means any authority to operate a motor vehicle issued under ch. 343,
			 Stats., or this chapter.
(g)
			 "Occupational license" means an operator's license issued under s.
			 343.10,
			 Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 117 - Occupational driver's license › Section Trans 117.025 - Process

Current through June 24, 2024
(1) A person whose license is revoked as a
			 habitual traffic offender under ch. 351, Stats., shall petition a circuit court
			 in the person's county of residence for an order authorizing the person to
			 obtain an occupational license before applying for the license with the
			 department.
(2) A person may apply
			 to the department for an occupational license by submitting an application
			 meeting the requirements of s.
			 Trans
			 117.05 to any DMV service center, except an express
			 service facility.
(3) The
			 department shall accept the application for an occupational license and may
			 issue a temporary driving receipt to an applicant if it appears to the DMV
			 service center that the person is eligible for an occupational license. The
			 temporary driving receipt shall be valid only until the earliest of the
			 following:
(a) The date the department issues
			 a photo occupational license to the person.
(b) The date the department preliminarily
			 denies the person an occupational license.
(c) 15 days following issuance of the driving
			 receipt.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 117 - Occupational driver's license › Section Trans 117.05 - Application

Current through June 24, 2024
(1) All applications for occupational
			 licenses shall include:
(a) An operator's
			 license application form.
(b) A
			 conviction status report from the court that convicted the applicant of the
			 offense for which the applicant's license has been revoked or suspended, unless
			 the court has previously reported the conviction to the department and the
			 conviction appears on the department's computer data base of driver
			 records.
(c) The fee required under
			 s.
			 343.10(6),
			 Stats.
(d) A completed application
			 for occupational license form.
(e)
			 Proof of financial responsibility for the future which shall specify the
			 vehicle or vehicles the person seeks authority to operate.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 117 - Occupational driver's license › Section Trans 117.07 - Applications to amend or reinstate occupational licenses

Current through June 24, 2024
(1) An application
			 to amend an occupational license or to reinstate a revoked occupational license
			 shall be made in the same manner as an original application for an occupational
			 license.
(2) An application seeking
			 to amend an occupational license issued pursuant to an order entered by a court
			 on or after November 1, 1996, shall be presented to and approved or denied by
			 the court which originally ordered issuance of the occupational
			 license.
(3) A person applying to
			 reinstate or amend an occupational license shall pay the fee specified in s.
			 343.10(6),
			 Stats. Fees collected under this subsection shall be distributed in accordance
			 with s.
			 343.10(6),
			 Stats. No fee may be required if the application to amend the license is made
			 only for any of the following reasons:
(a) To
			 correct a clerical error made by the court or the department in the issuance of
			 the occupational license.
(b) To
			 specify the hours of operation necessary for complying with a driver safety
			 plan if no hours are specified for that purpose on the occupational license
			 previously issued to the person.