The total number of hours of lessons, lectures, tutoring and other instruction or services of any kind relating to motor vehicle operation instructions.
The information required under par. (a) 1.
shall be recorded within 3 business days after the signing of a contract or agreement between the school and the student.
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.
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.
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.
The loss, mutilation, or destruction of records required under this section shall be reported immediately to the department by affidavit, stating:
The circumstances involving such loss, destruction, or mutilation; and
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
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.
General rules for conducting driver schools. Trans 105.06(2)(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.
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.
Not consist of a tent, temporary stand, house trailer, hotel room, room in a rooming house or temporary address.
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.
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.
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.
Any facility to be used as a classroom shall be designated in writing by the licensee, and no instruction shall begin without written authorization by the department. Authorization by the department does not supersede local ordinances or the building, heating and ventilation code established by the department of industry, labor and human relations relating to public health, safety and sanitation. The department shall consider the following criteria in determining the suitability of the classroom learning environment:
No more than 35 students may be placed in any class section without the department's approval. Class sections in excess of 35 students may be allowed only when facilities and lesson plans justify such instruction.
A licensee may not solicit business within 1500 feet of any department office where official road tests are given. This section does not apply in any of the following circumstances:
The department relocates or establishes a new office within 1500 feet of an existing driver school.
The municipality where the department office is located has a population less than 10,000 and the business district in which the office is located is less than 1500 feet long.
The department conducts business at the office less than 3 times per month.
The driver school petitions the department for an exception, and the department, after researching customer needs, location, population, zoning and access, grants an exception.
Licensees not authorized to teach students under 18 years of age may not advertise in a manner that states or implies that such services are provided.
Licensees may advertise only by the school name shown on its license.
Licensees shall supply the information required by s. 343.72 (11)
, Stats., to the attention of the department immediately upon purchase or lease of each driver training car.
Licensees may not charge fees in excess of those on file with the department. Fees may be amended at any time, provided such changes are filed with the department not later than the day they become effective.
Approved dual controls required by s. 343.72 (12)
, Stats., include but are not limited to a separate brake for the instructor which is located on the right side of the car so the instructor can safely operate the controls, and a separate mirror on the right, outside of the car, positioned so the instructor can view traffic to the rear. An authorized representative of the department may make random inspections to assure compliance with this subsection.
A licensee using a vehicle that is more than 3 years old or whose odometer reading is greater than 100,000 miles to conduct behind-the-wheel training shall ensure all of the following with respect to the vehicle:
Be certified to meet all manufacture specifications for the vehicle type, model, and year, within 30 days of being put into service. Certification may be completed by a motor vehicle repair shop. For purposes of this paragraph, a "motor vehicle repair shop" means a natural person, corporation, partnership or other business association or entity engaged in the motor vehicle repair business, but does not include a shop that repairs motor vehicles for a single business entity or for 2 or more entities subject to common control.
Submit to an annual vehicle inspection certification by an authorized service facility. The inspection shall be done before the annual anniversary date of the certification that the vehicle was put into service. If a vehicle was less than 3 years old, the inspection should be done before the vehicle is 3 years old or before the vehicle's odometer reading is greater than 100,000 miles. The safety certification shall be on a form defined by the department and at a minimum include the name of school, vehicle make, vehicle model, vehicle identification number, and a date and signature certifying the vehicle meets or exceeds safety standards.
Trans 105.06 Note
Note: Form MV3264 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) 264-7095.
If the department deems a vehicle of any age unsafe, the department shall order a vehicle out of service until it is repaired. If the only vehicle in the school fleet is ordered out of service, the school may not perform behind the wheel instruction until the vehicle is certified as safe. Use of a vehicle after being ordered out of service shall result in points being assessed under s. Trans 105.11
Licensees shall give behind-the-wheel instruction only in driver training cars, except such instruction may be given to persons who now hold or previously held an operator's license or have completed 6 clock hours of behind-the-wheel instruction given by a high school, technical college, institution of higher learning, or school licensed by the department.
The department may deny the application if it determines the school name could be duplicative, confusing or fraudulent. Any change of the school's name, address, or ownership must be approved in advance by the department.
Trans 105.06 History
Cr. Register, November, 1979, No. 287
, eff. 12-1-79; correction in (11) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488
; CR 06-089
: am. (2) (intro.), (b), (e), (7) and (10), r. (2) (a), renum. (2) (f), (11) and (12) to be (2) (f) 2., (13) and (14) and am. (2) (f) 2., cr. (2) (f) 1., (3) (f), (11) and (12), r. and recr. (5) Register December 2006 No. 612
, eff. 1-1-07.
Special rules for instruction of students under 18 years of age. Trans 105.07(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.
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.
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:
Trans 105.07 Note
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.
The behind-the-wheel course shall cover, but is not limited to the following:
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:
Type of lesson (method; such as lecture, demonstration, informal discussion, role playing, laboratory, drill and practice, test, etc.).
Reference material (textbooks, pamphlets, movies, film strips, slides, charts, etc.).
Detailed lesson outline (which includes an introduction, development and summary with assignment for next lesson).
A student who satisfactorily completes the approved course and satisfies all financial obligations required by his or her contract with the school shall be given a certificate of completion on a form approved by the department.
In order to be eligible for approval under this section, a classroom phase of instruction shall consist of 30 clock hours in the classroom, extending over a minimum of 3 weeks for each student at no more than 2 clock hours per day. A course is not approved when students begin the class on alternate days. All students must be present for every session except if a student is absent for any legitimate reason, the absence must be marked on the student's record and the lessons missed must be made up. Classroom instruction and behind–the–wheel instruction may be given concurrently only if both phases are given by the same school.
In order to be eligible for approval under this subsection, a behind-the-wheel phase of instruction shall consist of 6 clock hours of observation in the vehicle and 6 clock hours of actual vehicle operation. This phase shall extend over a minimum of 3 weeks for each student with no more than 1 hour of behind-the-wheel driving and no more than 2 hours of observation each day.
Behind-the-wheel instruction may be substituted for observation if the agreement specifies the hours and cost of both the basic course and the alternate. This substitution may be on a ratio of 1 hour of driving to 2 hours of observation.