Register June 2015 No. 714
Chapter Trans 101
DEMERIT POINT SYSTEM AND GRADUATED DRIVER LICENSE
Purpose and definitions.
Suspension of license for accumulation of demerit points.
Revocation and suspension of operating privileges.
Reduction of point value for attendance at driver improvement counseling, traffic safety school or defensive driving courses.
Graduated driver license eligibility and restriction extensions.
Ch. Trans 101 Note
Note: Chapter MVD 11 as it existed on September 30, 1972 was repealed, and a new chapter MVD 11 was created effective October 1, 1972; chapter MVD 11 as it existed on June 30, 1981 was renumbered to be chapter Trans 101 effective July 1, 1981.
The purpose of this chapter is to administratively interpret those portions of chs. 343
, Stats., relating to establishing a traffic violation demerit point system, and to administratively interpret provisions of the statutes related to the revocation and suspension of a person's operating privilege.
The words and phrases defined in ss. 340.01
, Stats., have the same meaning in this chapter, except as provided in sub. (3)
“Federal traffic law" means any federal law that is in strict conformity with a state traffic law.
“Point case" or “demerit point case" means a suspension of operating privileges imposed upon an individual under s. 343.32 (2)
, Stats., and this chapter, as the result of the accumulation of demerit points. A conviction shall be considered part of a point case if the demerit points assessed for the conviction are used as part of the total in determining whether to suspend a person's operating privilege for accumulation of demerit points.
“Released," when used with reference to a point case, means that the department has vacated a demerit point suspension affecting a driver due to the appeal, vacation, reversal, or amendment of a conviction that results in the driver not being subject to a suspension for accumulation of demerit points.
“State traffic law" means any law under ch. 194
, chs. 340
and ch. 351
, Stats., in which the movement or operation of a motor vehicle is an element of the offense.
“Tribal traffic law" means a law enacted by a federally-recognized American Indian tribe or band in this state that strictly conforms to a provision in chs. 341
Trans 101.01 History
Cr. Register, June, 1981, No. 306
, eff. 7-1-81; r. and recr. (2), Register, December, 1990, No. 420
, eff. 1-1-91; CR 07-081
: am., cr. (3) Register June 2008 No. 630
, eff. 7-1-08.
Trans 101.02 Point schedule.
Pursuant to s. 343.32 (2)
, Stats., the department has established this demerit point system to identify habitually reckless or negligent operators or those who have repeatedly violated traffic laws. Upon receipt of a notice of conviction for an offense under the state traffic laws, a local ordinance, a tribal or federal traffic law, a violation of s. UWS 18.04
, or a traffic regulation, the department shall assess demerit points against the driver record of the person convicted of the offense in the manner and to the extent required by this section and s. 343.32
, Stats. The following scale lists violations according to the number of demerit points assessed, with higher point values being assessed for more severe offenses:
(1) Six demerit point violations.
The department shall assess 6 demerit points for any of the following violations:
Fleeing or attempting to elude an officer, or knowingly resisting an officer by failing to stop a vehicle.
Operating commercial vehicle with alcohol concentration of 0.04 or more but less than 0.1 and causing injury.
Operating while under influence of intoxicant or controlled substance, or with a prohibited alcohol concentration.
Racing on public highway or engaging in a contest of speed or endurance.
Speeding 20 miles per hour or more in excess of lawful or posted speed.
(2) Four demerit point violations.
The department shall assess 4 demerit points for any of the following violations:
Failure by operator to stop for school bus when red lights are flashing.
Failure to yield right of way or failure to yield right of way to emergency vehicle.
Speeding more than 10 miles per hour but less than 20 miles per hour in excess of lawful or posted speed.
Trans 101.02 Note
Unnecessary acceleration is a valid traffic regulation. City of Janesville v. Garthwaite
, 83 Wis. 2d 866
Under age 21, operating motor vehicle with any measured alcohol concentration.
(3) Three demerit point violations.
The department shall assess 3 demerit points for any of the following violations:
Violation of a restriction on a graduated driver license related to the time or route of travel or passengers permitted.
Trans 101.02 Note
This includes arterial signs, one-way signs or traffic signs or signals. See s. 340.01 (38)
Improper or unlit or missing lamps or lights, including clearance lamps, spotlamps, headlamps, brake lamps, tail lamps and signal lamps, but not including registration plate lamps or failure to use cycle headlamps during daylight hours.
Operating without having obtained an operator's license, without a proper license endorsement, without proper license classification for the vehicle being operated, or with a license which has expired, and including the following:
Operating a commercial motor vehicle without having obtained a commercial driver license.
Operating a Type 1 motorcycle without a license authorizing the operation of class “M" vehicles.
Possession of intoxicating beverage while operating or being on duty time with respect to a commercial motor vehicle.
Speeding 10 miles per hour or less in excess of lawful or posted speed.
Operating commercial motor vehicle while disqualified or out of service.
(4) Two demerit point violations.
The department shall assess 2 demerit points for any of the following violations:
(5) Zero demerit point violations.
The department may not assess demerit points for any of the following violations:
Failure to wear mandatory protective headgear while operating a Type 1 motorcycle.
Falsified application for operator's license, identification card or motor vehicle title or registration.