Feed for /code/admin_code/trans/129 PDF
Trans 129.11 Trans 129.11 Course evaluation.
Trans 129.11(1)(1) Evaluation of basic rider education courses may include any of the following:
Trans 129.11(1)(a) (a) An on-site inspection of the basic rider course program by a Wisconsin motorcycle program chief instructor or other personnel authorized by the department.
Trans 129.11(1)(b) (b) A review of the ratio of passing to failing students, including reasons any students did not complete the course.
Trans 129.11(2) (2) An on-site evaluation may not be conducted by a person who teaches at that site.
Trans 129.11(3) (3) On-site evaluation reports shall be submitted to the department within 10 days of the evaluation.
Trans 129.11 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: renum. to be (1), cr. (2) and (3) Register February 2008 No. 626, eff. 3-1-08.
Trans 129.12 Trans 129.12 Cancellation or denial of department approval.
Trans 129.12(1)(1) Authorization of schools or instructors to certify students for motorcycle skill test waiver shall be cancelled and may not be renewed for any of the following reasons:
Trans 129.12(1)(a) (a) False or misleading advertising.
Trans 129.12(1)(b) (b) Fraud.
Trans 129.12(1)(c) (c) Failure to meet standards set in this chapter.
Trans 129.12(1)(d) (d) Failure to follow department-approved curriculum.
Trans 129.12(1)(e) (e) Unsafe training facility.
Trans 129.12(1)(f) (f) Unsafe motorcycles.
Trans 129.12(1)(g) (g) Guaranteeing the issuance of a license upon completion of the course.
Trans 129.12(1)(h) (h) The institution at which the program is offered closes or goes out of business.
Trans 129.12(1)(i) (i) Failure to permit or cooperate with audits, inspections or reviews conducted under s. Trans 129.11 or 129.15 (5).
Trans 129.12(1)(j) (j) The motorcycle instructor does not hold a license required by s. 343.62, Stats.
Trans 129.12(2) (2) A school or instructor may be reauthorized after cancellation or nonrenewal when all the following conditions have been met:
Trans 129.12(2)(a) (a) Any period of cancellation as set by the department has been completed and any revoked or suspended instruction school or instructor license is reinstated.
Trans 129.12(2)(b) (b) The school or instructor submits an application for reauthorization.
Trans 129.12(2)(c) (c) The department is satisfied that the conditions which led to the cancellation have been corrected or no longer exist.
Trans 129.12(3) (3) A person adversely affected by a cancellation or refusal to renew an authorization made under sub. (1) (a) to (i) may request a hearing before the department to review the cancellation. A request for hearing shall be made in writing and shall be filed with the department within 30 days of the date of the notice of cancellation or notice that the person's authorization may not be renewed. If the department receives a request for hearing which satisfies the requirements of this subsection, the department shall conduct a prompt informal hearing within 15 days after receiving the request. If the matter is not resolved after an informal hearing is completed, the person adversely affected by the cancellation may request a full evidentiary hearing before the department, pursuant to ch. 227, Stats. A request for hearing shall be in writing and shall be filed with the department within 30 days after the completion of the informal hearing. A request for an informal or a full evidentiary hearing does not stay the effect of a cancellation or nonrenewal, unless the cancellation or nonrenewal is expressly stayed in writing by the department.
Trans 129.12 Note Note: Persons affected by sub. (1) (j) are afforded due process by a pre-license revocation hearing under s. 343.69, Stats.
Trans 129.12 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (1) (j) Register February 2008 No. 626, eff. 3-1-08.
Trans 129.13 Trans 129.13 Waiver authorization form.
Trans 129.13(1) (1) Waiver authorization shall be on a form approved by the department. The form may contain space for any of the following information:
Trans 129.13(1)(a) (a) Student's full name.
Trans 129.13(1)(b) (b) Student's date of birth.
Trans 129.13(1)(d) (d) Student's operator's license number.
Trans 129.13(1)(e) (e) Student's sex.
Trans 129.13(1)(f) (f) Date of completion of course.
Trans 129.13(1)(g) (g) Student's skills test waiver number or other identifying number as determined by the department.
Trans 129.13(1)(h) (h) Instructor's authorization number.
Trans 129.13(1)(i) (i) Authorization number for the instruction site.
Trans 129.13(1)(j) (j) Instructor's signature.
Trans 129.13(2) (2) A waiver form shall be completed by the authorized instructor upon the student's successful completion of a basic rider education course.
Trans 129.13 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 04-132: r. (1) (c), r. and recr. (1) (e) Register April 2005 No. 592, eff. 5-1-05.
Trans 129.14 Trans 129.14 Priorities. The department shall administer the program to support the following activities in the order of priority indicated:
Trans 129.14(1) (1) Motorcycle riding courses.
Trans 129.14(2) (2) Public awareness program.
Trans 129.14(3) (3) Safety education.
Trans 129.14(4) (4) Improved testing.
Trans 129.14 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98.
Trans 129.15 Trans 129.15 Motorcycle riding course grants.
Trans 129.15(1)(1)Application and contract. Upon application and approval, the department shall enter into grant contracts with applicants for the reimbursement of expenses incurred in conducting motorcycle riding courses.
Trans 129.15 Note Note: Application and grant contract forms are available from the Department of Transportation, Bureau of Transportation Safety, P.O. Box 7936, Madison, Wisconsin 53707.
Trans 129.15(2) (2)General grant policies.
Trans 129.15(2)(a)(a) The department in considering grant applications shall attempt to avoid or minimize the offering of duplicate courses by applicants in the same geographic area where demand for courses has not exceeded the student capacity of existing course providers.
Trans 129.15(2)(b) (b) In allocating funds, the department may:
Trans 129.15(2)(b)1. 1. Give priority to training instructors.
Trans 129.15(2)(b)2. 2. Attempt to encourage courses in all areas of the state.
Trans 129.15(2)(b)3. 3. Avoid a concentration of grants in any one geographic area.
Trans 129.15(2)(b)4. 4. Give priority to funding basic rider courses over experienced rider courses.
Trans 129.15(2)(b)5. 5. Give priority to creating new programs over expanding existing programs.
Trans 129.15(2)(b)6. 6. Give priority to innovative or pilot programs.
Trans 129.15(2)(c) (c) The department may award a grant or provide funding under this chapter to a Wisconsin technical college district, a school district, a unit of state, county, or municipal government, or any other person or legal entity that provides motorcycle education courses that does all of the following:
Trans 129.15(2)(c)1. 1. Meets the requirements of s. Trans 129.09 (1) or (2).
Trans 129.15(2)(c)2. 2. Has facilities available to them, such as a standard range or a range that may be modified to acceptable standards and an adequately equipped classroom.
Trans 129.15(2)(c)3. 3. Has adequate motorcycles appropriately equipped for training purposes available.
Trans 129.15(2)(c)4. 4. Has enough authorized instructors available to teach proposed classes.
Trans 129.15(2)(c)5. 5. Has adequate financial resources to initiate a program and meet program expenses, except for government institutions.
Trans 129.15(2)(c)6. 6. Has maintained a permanent address for a period of 3 years, except for government institutions.
Trans 129.15(3) (3)Course requirements. To be eligible for reimbursement, an applicant shall provide rider courses that meet all of the following minimum requirements:
Trans 129.15(3)(a) (a) The course is open to the general public.
Trans 129.15(3)(b) (b) The course meets the curriculum requirements of this chapter.
Trans 129.15(3)(c) (c) The applicant has authority to use the course site by agreement, lease or ownership.
Trans 129.15(3)(d) (d) The course instructor has been authorized to provide rider training by the department under s. Trans 129.09.
Trans 129.15(3)(e) (e) The applicant has adequate audio-visual equipment available to teach the course.
Trans 129.15(3)(f) (f) The range is properly laid out and painted.
Trans 129.15(4) (4)Reimbursement.
Trans 129.15(4)(a)(a) Reimbursement under this section may not exceed either of the following:
Trans 129.15(4)(a)1. 1. 70% of the actual course cost.
Trans 129.15(4)(a)2. 2. An amount equal to actual course cost less the amount students are required to pay.
Trans 129.15(4)(b) (b) For purposes of this subsection, "actual course cost" means allowable costs under Office of Management and Budget Circular No. A-87, Cost Principals for State, Local and Indian Tribal Governments, dated May 4, 1995.
Trans 129.15 Note Note: The intent of this section is that courses be funded 70% by state money and 30% by student fees to encourage student commitment. OMB Circular No. A-87 was published in the Federal Register for May 17, 1995, (Volume 60, Number 95) Pages 26483-26507. Copies may be obtained from the State Law Library Reference Department, P.O. Box 7881, Madison, WI 53707-7881, (800) 322-9755 or (608) 267-9696. The library does charge for photocopying. Copies are also on file with the Attorney General's office and the Legislative Reference Bureau.
Trans 129.15(5) (5)Audits. The grant recipient shall be required to keep accurate records of the use of grant money, curricula, names of instructors and students, attendance, and the names of students who successfully complete a course for 5 years. The department may periodically audit these records.
Trans 129.15(6) (6)Reporting requirement. To be eligible for funding under a grant, the grant recipient shall file the report required under s. Trans 129.08 (1) (d) within 30 days of course completion.
Trans 129.15(7) (7)Instructors.
Trans 129.15(7)(a)(a) If necessary to ensure the existence of a sufficient number of trained instructors, the department may contract with qualified chief instructors to provide instructor training.
Trans 129.15(7)(b) (b) If there is a need for instructors, the department may reimburse the training costs of approved persons. Reimbursement may cover tuition, course material, meals, lodging and any pre-approved additional expenses. The department may reimburse 50% of these costs after successful completion of the training, and may reimburse the remaining 50% after the newly trained instructor has taught an entire riding course. If costs are less than $100 in claimed expenses, the entire amount may be paid after the newly trained instructor has taught an entire riding course.
Trans 129.15 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (2) (c) (intro.) Register February 2008 No. 626, eff. 3-1-08.
Trans 129.16 Trans 129.16 Public awareness programs. The department shall aid other organizations in the promotion of Type 1 motorcycle safety by furnishing them with educational and informational materials for display and distribution. The department may contract with certified instructors to provide services and programs related to public awareness of Type 1 motorcycle safety.
Trans 129.16 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98.
Trans 129.17 Trans 129.17 Safety education. The department may conduct public workshops, rallies and programs to cover Type 1 motorcycle, moped and motor bicycle safety-related topics such as alcohol and drug abuse, the use of proper personal protective gear, proper licensing, and improved driving techniques.
Trans 129.17 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98.
Trans 129.18 Trans 129.18 Improved testing. The department may allocate funds to improve the testing of applicants for Type 1 motorcycle, moped and motor bicycle endorsements or licenses. The amount allocated may be made available to the division of motor vehicles to use for training or the purchasing of equipment.
Trans 129.18 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98.
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