Trans 105.007(5) (5) “Substantiated" in reference to a complaint means that the complaint is written, was submitted to the school or instructor at issue, was not resolved within 10 business days by the school or instructor, and directly involves a matter regulated by subch. VI of ch. 343, Stats., or this chapter, with probable cause to believe that a violation occurred.
Trans 105.007(6) (6) “Vehicle" means a 4-wheeled self-propelled device meeting federal motor vehicle safety standards with a minimum capacity of 2 persons.
Trans 105.007 History History: CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.
Trans 105.01 Trans 105.01Driver school and instructor license applications.
Trans 105.01(1)(1) Information required in the application may include, but is not limited to, the following:
Trans 105.01(1)(a) (a) Name of the applicant.
Trans 105.01(1)(b) (b) Present address of applicant.
Trans 105.01(1)(c) (c) Previous addresses of applicant in the past 5 years.
Trans 105.01(1)(d) (d) Description of applicant and description of facilities.
Trans 105.01(1)(e) (e) Training or experience instructing drivers.
Trans 105.01(1)(g) (g) The names of instructors and a list of driver training cars, if applying for driver school license.
Trans 105.01(1)(h) (h) Any other information that may be deemed relevant to the decision to grant or deny a license.
Trans 105.01(2) (2) Application for a driver school license shall be accompanied by a schedule of maximum fees and charges per hour for instruction of students.
Trans 105.01(3) (3) Application for a driver school license shall be accompanied by a copy of the contract or agreement which constitutes the complete agreement for instruction of students.
Trans 105.01(4) (4) An applicant for a driver school license may self-certify the condition of its school offices and classrooms to the department on the approved department form submitted with the application unless the office is in a home residence. The self-certification of the school offices and classrooms shall certify all of the following:
Trans 105.01(4)(a) (a) The address of any office and any classroom being self-certified.
Trans 105.01(4)(b) (b) The measurement and configuration of any office and classroom, including entrances, exits, windows, and records storage.
Trans 105.01(4)(c) (c) Adequate lighting and temperature control.
Trans 105.01(4)(d) (d) Two or more licensed driver schools cannot operate out of the same office.
Trans 105.01(4)(e) (e) Zoning verification if the office is located in a non-traditional business location.
Trans 105.01(4)(f) (f) Access to restroom facilities for classrooms.
Trans 105.01(4)(g) (g) Authorization from a public school if public classrooms are used to provide instruction.
Trans 105.01 Note Note: Form MV3110 can be obtained by writing to the Division of Motor Vehicles, Bureau of Driver Services, P. O. Box 7920, Madison, WI 53707-7920, or by calling (608) 264-7495.
Trans 105.01(5) (5) A driver school office in a home residence may be conditionally self-certified if the office is visited and approved by the department prior to filing a school license application, and all of the following requirements apply:
Trans 105.01(5)(a) (a) Students are not allowed at the office unless accompanied by a parent or sponsor.
Trans 105.01(5)(b) (b) The applicant verifies that local zoning allows the office in a non-traditional business location.
Trans 105.01(5)(c) (c) The office complies with the requirements of s. Trans 105.06 (2) (f). Driver schools licensed prior to January 1, 1969 are exempt from this requirement.
Trans 105.01(6) (6) An applicant who will be an owner or manager of a driver school shall pass the test, administered by the department, on driver school and instructor criteria. The applicant must receive a minimum score of 80% to pass the test.
Trans 105.01 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: r. (1) (f), cr. (4) to (6) Register December 2006 No. 612, eff. 1-1-07.
Trans 105.015 Trans 105.015Cooperative driver testing program.
Trans 105.015(1)(1) The department may enter into a cooperative driver testing agreement with the driving school to conduct knowledge tests as permitted by s. 343.16 (1) (c), Stats. Driver schools may administer the knowledge and highway signs tests to students who are currently enrolled in driver education. A driver school that has accumulated 2 or more points in the past 24 months under s. Trans 105.11 may not enter into the testing agreement with the department.
Trans 105.015(2) (2) The agreement under sub. (1) is voluntary and can be terminated by either the department or the driver school.
Trans 105.015(3) (3) A school that is participating in the cooperative driver testing program under s. 343.16 (1) (c), Stats., may provide the knowledge and highway signs tests required under s. 343.62 (4) (a) 1., Stats., to its own instructors.
Trans 105.015 History History: CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.
Trans 105.02 Trans 105.02Examination of applicants for instructor's license.
Trans 105.02(1)(1) Each applicant for an instructor's license shall take the road test administered by the department. The road test shall be scored in the same manner as are tests given for regular operator's licenses and shall also include an actual demonstration of procedures and techniques used instructing drivers. Tests required by s. 343.62 (4) (a), Stats., are required of all applicants for original instructor's license and applicants whose instructor's licenses have lapsed for one or more years. The department may also require retesting of currently licensed instructors either as a part of a routine retesting program or when it has reasonable cause to doubt the continued competency of any individual instructor. An applicant shall complete a test on instructional procedures or demonstrating teaching skills administered by the department. This test may be administered orally. An applicant must receive a minimum score of 80% to pass the test.
Trans 105.02(2) (2) An instructor who has held an instructor's license for both behind-the-wheel and classroom training, but is no longer eligible for an operator's license because of a medical condition, may upon request to the department by the school, obtain a classroom-only license.
Trans 105.02(4) (4) An applicant for an instructor's license shall have a medical statement completed within the 24 months prior to the application date by an authorized medical practitioner on a form supplied by the department and submitted to the department with the school renewal. If the applicant has a medical condition that impacts safe vehicle operation, the department may request medical documentation more frequently based on ch. Trans 112.
Trans 105.02(5) (5) If the information filed by the authorized medical practitioner is such as to indicate the person is not physically fit to teach driving, the department may require the applicant to submit to further medical examination or deny the license.
Trans 105.02(6) (6) An authorized departmental representative may visit classroom sessions and ride in driver training cars during instruction for the purpose of evaluating the teacher's preparation, knowledge of the subject matter, and teaching ability, and determining if the approved course is being followed.
Trans 105.02 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (1), renum. (2), (3), (4) to be (4), (5), (6) and am. (4) and (5), cr. (2) Register December 2006 No. 612, eff. 1-1-07; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.
Trans 105.03 Trans 105.03Satisfactory driving record for driver instructor applicant or licensee.
Trans 105.03(1) (1) A person's driving record shall not be considered satisfactory to hold an instructor's license if that person:
Trans 105.03(1)(a) (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).
Trans 105.03(1)(a)1. 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.
Trans 105.03(1)(a)2. 2. Demerit point reduction under s. Trans 101.07 does not apply to the computation of accumulated points under this paragraph.
Trans 105.03(1)(b) (b) Has been involved in 2 or more accidents in a one–year period where the crash report indicates that such person may have been causally negligent. If there is no traffic citation resulting in a conviction associated with the crash, the person is not considered negligent.
Trans 105.03(1)(c) (c) Has had his or her operator's license revoked, suspended or cancelled for a traffic violation other than a parking violation, at any time during the past 4 years, based on the conviction date or upon the effective date of the withdrawal of operating privileges, whichever is earlier.
Trans 105.03(2)(a)(a) If an applicant for an instructor's license accumulates more than 6 demerit points in a one-year period as provided in sub. (1) (a) in the year preceding application, the department shall deny the instructor's license until one year elapses from the date of the most recent violation that resulted in the person's accumulation of more than 6 demerit points.
Trans 105.03(2)(b) (b) If a licensed instructor accumulates more than 6 demerit points in a one-year period as provided under sub. (1) (a), the department shall suspend the instructor's license for a period of one year. The period of suspension shall be measured from the date that the department receives notice of the most recent conviction that resulted in the person's accumulation of more than 6 demerit points.
Trans 105.03 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; am. (1) (c) and (2), Register, October, 1985, No. 358, eff. 11-1-85.; renum. (1) (a) and (2) to be (1) (a) (intro) and Trans 105.035 (1) and am., cr. (1) (a) 1. and 2. and (2), Register, September, 1990, No. 417, eff. 10-1-90; CR 06-089: am. (1) (b) and (c) Register December 2006 No. 612, eff. 1-1-07.
Trans 105.035 Trans 105.035Fitness for driver school license.
Trans 105.035(1)(1) For the purpose of determining the fitness of a person to hold a driver school license under s. 343.62 (4) (a) 8. and 9., Stats., the department shall consider all relevant arrests and convictions, and make such further examinations and checks as it determines are necessary.
Trans 105.035(2) (2) The department may not issue or renew a driver school or instructor's license issued under s. 343.61 or 343.62, Stats., to any person who, during their lifetime was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state: - See PDF for table PDF
Trans 105.035(3) (3) The department may not issue or renew a driver school or instructor's license issued under s. 343.61 or 343.62, Stats., to any person who within the past 10 years immediately preceding the date of application was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state: - See PDF for table PDF
Trans 105.035(4) (4) The department may not issue or renew a driver school or instructor's license issued under s. 343.61 or 343.62, Stats., to any person who within the past 5 years immediately preceding the date of application was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state: - See PDF for table PDF
Trans 105.035(5) (5) The department may not issue or renew a driver school or instructor's license issued under s. 343.61 or 343.62, Stats., to any person who within the past 2 years immediately preceding the date of application was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state: - See PDF for table PDF
Trans 105.035 History History: Cr. (2), (1) renum. from Trans 105.03 (2) and am., Register, September, 1990, No. 417, eff. 10-1-90; reprinted to correct error in (2), Register, November, 1990, No. 419, eff. 12-1-90; CR 06-089: am. (1), r. (2), cr. (2) to (5) Register December 2006 No. 612, eff. 1-1-07.
Trans 105.04 Trans 105.04Driver school administrative procedures.
Trans 105.04(1)(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.
Trans 105.04(2) (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.
Trans 105.04 Note Note: Form MV3192, course completion slips, may be obtained from the Division of Motor Vehicles, P. O. Box 7920, Madison, WI 53707-7920.
Trans 105.04(3)(a)(a) If a driver school terminates active participation in teaching driver training for a fee, the student shall do either of the following:
Trans 105.04(3)(a)1. 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.
Trans 105.04(3)(a)2. 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.
Trans 105.04(3)(b) (b) If the driver school does not refund the fees for the training paid for but not provided, the customer or his or her parent or legal guardian may contact the entity that provided the bond requirements under s. Trans 105.10 for a refund of the fees.
Trans 105.04(5) (5) If an instructor is no longer employed with a driver school, the instructor shall surrender his or her license to the driver school. The driver school shall destroy the instructor's license and notify the department in writing to cancel the license.
Trans 105.04 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (1) and (2), renum. (3) to be (5) and am., cr. (3) Register December 2006 No. 612, eff. 1-1-07.
Trans 105.05 Trans 105.05Driver schools to maintain records.
Trans 105.05(1)(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.
Trans 105.05(2)(a)(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:
Trans 105.05(2)(a)1. 1. The student's last name, first name and middle initial;
Trans 105.05(2)(a)2. 2. The student's date of birth;
Trans 105.05(2)(a)3. 3. The student's home address;
Trans 105.05(2)(a)4. 4. The contract or agreement number; and
Trans 105.05(2)(a)5. 5. The total number of hours of lessons, lectures, tutoring and other instruction or services of any kind relating to motor vehicle operation instructions.
Trans 105.05(2)(b) (b) The information required under par. (a) 1. to 4. shall be recorded within 3 business days after the signing of a contract or agreement between the school and the student.
Trans 105.05(2)(c) (c) The information required under par. (a) 5. shall be recorded within 3 business days after the last instruction or other service has been received by the student.
Trans 105.05(3) (3) The records required by s. 343.71 (1m) (a), Stats., shall be in the form of an individual student record for each person listed in the records required by s. 343.71 (1m), Stats. Such record shall show the student's name, date of birth, and address, and contract or agreement number, dates, types, duration and fees charged, lecture, tutoring, period of instruction or other service relating to instructions in the operation of motor vehicles; the name and license number of the instructor having given each lesson or period of instruction or service relating to instruction in the operation of motor vehicles, and identification of the vehicle in which any behind–the–wheel instruction was given. Schools participating in the cooperative driver testing program under s. Trans 105.015 shall also record the knowledge and highway signs scores for all tests attempted in the student record. The information required by this section shall be entered on the student record within one business day after the completion of each lesson.
Trans 105.05(4) (4) To be approved, the agreement form required to be filed by s. 343.71 (1m) (b), Stats., shall be consecutively numbered, contain the date of application, name of school, type or types of lessons, lectures, tutoring or instruction to be given, fee to be charged or the word none if no charge, the statement, “This constitutes the entire agreement between the school and the customer and no verbal statement or promises will be recognized," signature of customer, signature of student's parent or guardian for customers under the age of 18, address of customer, and signature of owner of school or his or her authorized representative.
Trans 105.05(6) (6) The loss, mutilation, or destruction of records required under this section shall be reported immediately to the department by affidavit, stating:
Trans 105.05(6)(a) (a) The date such records were lost, destroyed, or mutilated;
Trans 105.05(6)(b) (b) The circumstances involving such loss, destruction, or mutilation; and
Trans 105.05(6)(c) (c) To whom and when the loss was reported, if the circumstances of the loss warranted a report to the local law enforcement agency or fire department.
Trans 105.05 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (2) (a) (intro.), (b), (c), (3) and (4), r. (5) Register December 2006 No. 612, eff. 1-1-07.
Trans 105.06 Trans 105.06General rules for conducting driver schools.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.