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.
Operating a Type 1 motorcycle with handlebars that exceed the legal height limit.
Operating a Type 1 motorcycle with rear passenger pegs that are at an illegal height.
Operating a commercial motor vehicle or being on duty time with respect to a commercial motor vehicle while having any measured alcohol concentration above 0.0 but less than 0.04 or within 4 hours of having consumed or having been under the influence of an intoxicating beverage, regardless of its alcohol content.
Operating a commercial motor vehicle with an alcohol concentration of 0.04 or more but less than 0.1 and not causing injury.
Unnecessary noise or loud radio audible from a distance of 75 feet or more.
Trans 101.02 Note
Wis. Stat. s. 345.20 (2) (f)
provides that demerit points may not be assessed for the firearms offenses set forth in Wis. Stat. s. 167.31 (2) (b)
, or (d)
or for littering in violation of Wis. Stat. s. 287.81
(6) Similar offenses.
The point schedule in this section covers violations of state traffic laws, local ordinances, tribal traffic laws, federal traffic laws, traffic regulations, s. UWS 18.04
, and department administrative rules which are similar to the violations described in subs. (1)
, even if the language of the law, ordinance, regulation or rule may vary.
Any person who holds an instruction permit or probationary license on the date of a conviction, or an unlicensed person who would be issued a probationary license or instruction permit if proper application were made and all other requirements for license were met, shall be assessed double the demerit point value shown for convictions set forth in subs. (1)
if the record indicates that the person has been previously convicted of an offense for which demerit points were assessed under s. 343.32
, Stats. This paragraph does not apply to a conviction for violation of any offense under ch. 347, Stats.
Trans 101.02 Note
Commercial driver licenses are never issued on a probationary basis. S. 343.085 (2) (b)
, Stats. Chapter 347
, Stats., deals with vehicle equipment requirements. DMV is required to double demerit points for most offenses and is prohibited from increasing points assessed to a driver for a vehicle equipment violation by s. 343.32 (2) (bc)
Any person whose operating privilege has been revoked or canceled while unlicensed or while licensed under a probationary license shall be issued a reinstated probationary license for the same period as an original probationary license.
(8) General rules for point cases.
In determining whether a person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws and whether suspension of operating privileges pursuant to s. 343.32 (2)
, Stats., for the accumulation of demerit points is appropriate, the department shall conform to the following rules, which are set forth in their order of priority, and subject to the exceptions set forth in sub. (9)
, for purposes of initially determining whether to suspend a driver's operating privilege:
Revocations always imposed.
Revocations shall be imposed by the department whenever ordered by a court or required by statute without regard to potential demerit point ramifications.
Use of conviction resulting in withdrawal action in point case.
Demerit points from an offense that resulted in suspension or revocation of a person's operating privilege under s. 343.30
, Stats., may not be used in a point case, except as provided in this paragraph or par. (e)
. Convictions that result only in disqualification under s. 343.315
, Stats., or federal law may be used in a point case. Convictions that result in suspension of a person's operating privilege due to failure to pay the underlying fine or forfeiture resulting from the conviction or that result in revocation of the person's operating privilege as a habitual traffic offender under ch. 351, Stats.
, may be used in a point case.
(d) Amendment of point case based on new conviction.
After the department has issued a demerit point suspension order, the department may amend the suspension order upon receipt of reports of conviction for additional offenses that qualify for use in a point case under pars. (a)
. The point case may be amended only if the suspension period did not expire prior to the date of conviction for the new offense. The amendment shall incorporate each violation that occurred within one year of all violations that formed the basis of the original suspension order and that remain part of the case. In the event 2 or more violations occurred within one year of all other point case violations, but not within one year of each other, only the violations occurring within one year of the latest violation that was used in the existing point case shall be used as the basis for the amendment.
(e) Court-ordered suspensions.
If the department receives notice of conviction and a court-ordered suspension under s. 343.30
, Stats., and the person is subject to a demerit point suspension, the department shall act as follows:
If the person is not subject to an existing point case and the person's operating privilege would be suspended for a longer period under a point case that includes the conviction as one of the bases for the case, DMV shall suspend the person's operating privilege for that longer period in accordance with s. Trans 101.04 (3)
and need not note the court-ordered suspension on a public abstract of the person's driver record nor send notice to the driver of the court-ordered suspension.
If the person is not subject to an existing point case and the person would be subject to a suspension under s. Trans 101.04 (3)
that is equal to, or less than, the court order, then DMV shall suspend the driver's operating privilege in accordance with the court order, notify the driver of the court-ordered suspension, and show the suspension on a public abstract of the driver record. Demerit points from that conviction may not be used in a point case in accordance with par. (c)
If the person is subject to an existing point case and the date of the new conviction is on or before the date of the latest conviction used in the existing point case, DMV shall make the same evaluations described in subds. 1.
and determine whether the court-ordered suspension or the demerit point suspension would have been imposed had the conviction report been made to DOT prior to the suspension order for the existing point case, amend the existing point case in accordance with subd. 1.
or notify the driver of the court-ordered suspension in accordance with subd. 2 as required. If the court-ordered suspension is imposed, no change will be made to the existing point case.
If the person is subject to an existing point case and the date of the new conviction is later than the date of the latest conviction used in the point case, DMV shall impose the court-ordered suspension and may not amend the point case to include the new conviction.
Serious traffic offenses committed by occupational license holders.
Serious traffic offenses, as enumerated in s. 343.31 (2u)
, Stats., committed by a person who holds an occupational license may be used in a points case regardless of any suspension of the person's occupational license resulting from the conviction.
Trans 101.02 Note
Note: A person whose occupational license is canceled will be shown in a suspended or revoked status as though no occupational license had been issued.
This subsection addresses the effect of a conviction change on a point case.
For purposes of this subsection, a “conviction change" means a conviction that was reported to the department on a previous occasion is reopened, vacated, appealed or amended.
Amended charges and errors.
Upon receipt of a report that a conviction or revocation or suspension order noted on a driver record has been changed or was reported to the department in error, the department shall note the change or correct the error on the driver record and recalculate any point suspension using the points assessed against the driver record under subs. (1)
, except as provided in pars. (d)
. If, upon recalculation, the department determines that the release or amendment of the point case is appropriate, the department shall release or amend the point case. The department shall provide notice to the person of any amendment in the form of an amended demerit point suspension order.
Convictions considered unused if point case is released.
If a point case is released because of a conviction change or notice that a conviction or revocation or suspension order was reported in error before the suspension period for the point case is complete, all convictions that formed the basis for the released point case shall be considered not to have been used in a point case for purposes of sub. (8) (a)
. Otherwise, the convictions shall be considered to have been used in a point case.
Released withdrawal due to amended charge.
If a court reopens a conviction and amends the charge for which the person was convicted, and as a result of that amendment a suspension or revocation order issued under s. 343.30
, Stats., is released, demerit points for that conviction may be used in a point case unless the suspension or revocation initially imposed under s. 343.30
, Stats., has already been served in its entirety or at least 2 months of the suspension or revocation has been served.
Released withdrawal without amended charge.
If a court amends a suspension or revocation order, but does not vacate or amend the conviction itself, and the person's operating privilege has been suspended or revoked for the entire period that was earlier ordered by the court or was suspended for 2 months or longer as a result of that earlier order, demerit points resulting from the conviction may not be used in a point case. Otherwise, the demerit points from the conviction may be used in a point case in the same manner as for a newly reported conviction and no credit for time served shall be granted for time served under the earlier court-ordered suspension or revocation when determining the length of the point suspension.
Released demerit point case violations reused.
In any case where a changed conviction or notice that a conviction was reported to the department in error results in the department releasing a point case and the affected driver accumulates sufficient demerit points to warrant suspension for accumulation of demerit points from a combination of offenses that were part of the released point case and other convictions, the department shall suspend the driver's operating privilege for accumulation of demerit points. In such a case, the department shall reduce the length of time to be suspended on the second point case by the amount of time served on the released point case if one-half or more of the convictions used in the released point case are used in the second point case. If fewer than one-half of the convictions used in the released point case are used in the second point case, the length of suspension shall be determined according to s. Trans 101.04 (3)
without regard to the released point case.
Trans 101.02 Note
Note: This “credit for time served" applies only between demerit point cases. Time served for other suspensions or revocations may not be credited to a demerit point case. The Department counts the number of convictions, not points attributable to them, in deciding whether to grant this credit.
Trans 101.02 History
Cr. Register, September, 1972, No. 201
, eff. 10-1-72; am. (20), Register, April, 1977, No. 256
, eff. 5-1-77; emerg. r. and recr. (19) (intro.), (a) and (b), renum. (19) (c) to be (19m), cr. (19) (c) and (26), eff. 7-1-80; r. and recr. (19) (intro.), (a) and (b), renum. (19) (c) to be (19m), cr. (19) (c) and (26), Register, November, 1980, No. 299
, eff. 12-1-80; renum. from MVD 11.03 and renum. (1) to (26) to be (1) to (27) and am., cr. (15) (a) to (d), Register, June, 1981, No. 306
, eff. 7-1-81; cr. (11a) and (22) (o), Register, April, 1982, No. 316
, eff. 5-1-82; emerg. cr. (15) (e) and (f), eff. 5-1-82; cr. (15) (e) and (f), Register, November, 1982, No. 323
, eff. 12-1-82; am. (20) and (26), Register, March, 1990, No. 411
, eff. 4-1-90, r, and recr. (intro.) to (22), renum. (23) to (26) to be (6) to (9) and am. (7) and (8) (a), r. (27), Register, December, 1990, No. 420
, eff. 1-1-91; reprinted to restore dropped copy in (2) (f), Register, June, 1991, No. 426
; reprinted to correct printing errors, Register, October, 1991, No. 430
; am. (3) (k), cr. (5) (gm), (im), (sm) and (wm), Register, March, 1994, No. 459
, eff. 4-1-94; renum. (1) (c) to be (3) (q), renum. and am. (1) (d) to be (3) (r), Register, March, 1999, No. 519
, eff. 4-1-99; am. (1) (g), (3) (e), (5) (intro.), (v) and (8) (a), r. and recr. (1) (k) and (3) (a), r. (3) (b) and (o), Register, August, 2000, No. 536
, eff. 9-1-00; CR 07-081
: am. (intro.), (1) (b), (3) (i), (4) (c), (5) (m), (6), cr. (5) (mn), (8), renum. (5) (v) to be (2) (k), r. (7), renum. (8) to be (7) and am. (title) and (a), r. and recr. (9) Register June 2008 No. 630
, eff. 7-1-08; correction in (8) (a) made under s. 13.92 (4) (b) 7.
, Stats., Register June 2008 No. 630
; CR 10-040
: r. (4) (d), am. (5) (sm), (8) (a) and (c), cr. (8) (f) Register September 2010 No. 657
, eff. 10-1-10.
Trans 101.03 Warnings.
The department may notify any operator of the points charged against the person's driver record when the record shows the person has accumulated 6 or more points in a 12-month period.
Trans 101.03 Note
Under Graduated Driver Licensing, few drivers receive warning letters before being suspended for demerit points. This is because ch. 343
, Stats., has reinstated point doubling. A probationary driver with any prior violation on his or her record who is convicted of a 6-point violation will be assessed 12 points for that offense and be immediately suspended. Similarly, a driver who accumulates two 4-point offenses will be summarily suspended without warning. The first 4-point ticket will not trigger a warning under this rule. The second 4-point ticket will result in an 8-point assessment after doubling, resulting in a total of 12 demerit points and a suspension.