Section Trans 129.08 (2) (d) is recreated, and s. Trans 129.13 is created to change the frequency and timing of instructors and rider schools reporting course completion to the department. The existing rule requires year-end reporting, which has proved problematic for a number of reasons. First, the department has often struggled to get annual reports from schools or instructors who are not organized record keepers. Second, the year-end reports do not assist the department in determining course demand and instruction needs during the riding season. Proposed s. Trans 129.13 requires regular reporting of students class completion, which should provide data to the department for that purpose. Regular reporting will assist the department in making program decisions, such as safety programming and grant decisions, based on data received from schools. The department believes the change may also improve the accuracy and reliability of the data received from instructors and schools, as well as improve overall compliance with the reporting requirement. Student completion data is also useful for quality assurance and to detect potential discriminatory practices. The rulemaking proposes to create s. Trans 129.08 (1) (e) to clarify that only persons who are both licensed and have authorization or certification from the curriculum provider may provide classroom or range instruction. This is a requirement for use of the Motorcycle Safety Foundation curriculum and has been department practice for decades. The department proposes to recreate ss. Trans 129.08 (3) and 129.10 (5) (c) to sync instructor and school licensing with the Motorcycle Safety Foundation’s authorization periods. The department believes that if these various authorizations are renewed at the same time, the administrative bureaucracy for instructors and schools will be greatly reduced. Because the Motorcycle Safety Foundation program is national, the department proposes to sync state timing to the foundation’s renewal schedule, which is currently based on the 2-year anniversary of a rider coach receives initial authorization to teach classes from the foundation. The department intends to begin the new timing scheme as soon as practical after adoption of the proposed rule, and to complete the transition within 3 years after beginning the transition. Section Trans 129.09 reflects the requirement for basic rider courses to adhere to the Motorcycle Safety Foundation curriculum. The requirement that riders complete the online course as part of the class is incorporated into the course requirements. The “50% of course is range instruction” requirement is repealed in favor of a more flexible requirement that the entire curriculum of range instruction be taught. Under the existing rule, in order to comply with the 50% requirement, instructors technically must cease providing classroom instruction if it will exceed the time taken for range instruction, which is impractical and is therefore being removed from the rule. The department does not want to discourage instructors from providing additional classroom discussion or training when circumstances warrant it. This rulemaking proposes to amend s. Trans 129.09 (1) (d) 3. to clarify that shifting is a skill that must be taught only when instructing students riding vehicles equipped with manual transmissions. The physical skill of shifting is not taught to a student taking a basic rider course on a vehicle equipped with an automatic transmission, such as a scooter. Online and rider coach-provided range instruction discuss the mechanics of shifting, but practical training can only occur on standard transmission-equipped vehicles. Section Trans 129.09 (2) amends the range and classroom requirements applicable to the basic course for experienced riders. As with the basic rider course, the “50% requirement” is removed from the rule to dedicate sufficient time to range training so students may develop skills in accordance with curriculum requirements. That may be less range time than the basic rider course because participants in this class already know the basics of handling a motorcycle. Section Trans 129.09 (2) (f) codifies the initial evaluation exercise of the basic course for experience riders, which determines whether the participants have existing knowledge of motorcycle operation sufficient for them to safely participate in the range portion of the course. Students who lack the needed skills are not permitted to continue and are counselled to take the basic rider course, which teaches those skills, instead. Course size restrictions and the requirement to complete knowledge and skills testing for the basic rider course and the basic course for experienced rider are moved to s. Trans 129.09 (3) and (6) by renumbering and amending existing s. Trans 129.09 (1) (f), repealing existing s. Trans 129.09 (1) (g), (2) (f), and (g), and creating s. Trans 129.09 (6) (intro.). Like the current rule, proposed s. Trans 129.09 (3) retains the requirement that class sizes are restricted to 12 students on the range and 24 in the classroom. Section Trans 129.09 (6) (intro.) requires all students be afforded the opportunity to participate in knowledge and skills testing as part of a course. Parts (6) (a) and (b) provide that passing the knowledge test alone is sufficient to qualify a rider for a demerit point reduction, and that passing both tests is required for a skills test waiver. Section Trans 129.09 (5) is amended to reflect the process used when riders are unable to complete initial instruction on shifting or basic motorcycle control sufficient for them to safely participate in more advanced range exercises. Occasionally, there are students who are simply unable to pick up the skills at their initial training session and who need to retake the class or practice on their own before retaking the class. This rule clarifies that the instructor has authority to counsel such a driver to not participate further in a class and that such an action does not preclude the rider from retaking the class at another time. The classroom requirements for both the basic rider course and the basic course for experienced riders are consolidated in s. Trans 129.09 (4). The proposed rule allows for the use of the online e-course and describes the content of the classroom portion. The required Wisconsin-specific curriculum currently includes discussion of alcohol and drug impairment and the importance of driving unimpaired; Wisconsin law on children as passengers; traffic actuated signals and licensing requirements; farm machinery and animals in the roadway; emergency vehicle interaction; and the state organ donor program. Proposed changes to s. Trans 129.10 largely reflect current program practices with regard to instructor requirements. The department-approved course has been the Motorcycle Safety Foundation RiderCoach Preparation Course. Section Trans 129.10 (2) (b) codifies a requirement that persons who undergo out-of-state rider coach training submit proof of their completion of the significant pre-course work that is required as a condition of taking the course. The training provides the background information necessary to understand the reasoning and methodology used in the mandated curriculum. Coach trainees who lack that training can complete it as part of the out-of-state rider coach orientation class. The rule amends s. Trans 129.10 (2) (c) to establish a minimum instruction requirement of 2 courses per year with the new 2-year licensing scheme. Current law requires instructors teach one course per year. The department believes that requiring 2 courses be taught per year will help instructors better retain their skills. Moreover, the department would prefer to direct its limited instructor trainer resources to persons who provide more instruction than a single class per year. Changes to s. Trans 129.10 (2) (d) codifies the Motorcycle Safety Foundation’s recommendation that rider coaches complete at least 6 hours of professional development activities during each year of an authorization period. Section Trans 129.10 (2) (e) to (g) clarifies that rider coaches need to meet both state licensing requirements and curriculum provider accreditation to serve as a rider coach. This rulemaking amends s. Trans 129.10 (3) (a) to provide for suspension of a motorcycle instructor license if the rider accumulates 6 or more demerit points for offenses committed during a one-year period. This reduces the number of demerit points that will trigger licensing action from 7 to 6 points. DMV does not assess demerit points for out-of-state offenses, so the serious traffic violations that result in assessment of 6 points if committed in this state are listed as bases for suspension of motorcycle instructor licenses in proposed s. Trans 129.10 (3) (am). Proposed s. Trans 129.10 (5) (a) provides that the department may suspend a motorcycle instructor’s license if the instructor fails to meet the training and background requirements of s. Trans 129.10 (2), (3), and (4). Proposed s. Trans 129.10 (5) (b) to (d) codifies requirements that rider coaches who lack a license, whose authorization to teach classes is withdrawn by the Motorcycle Safety Foundation, who fail to comply with training requirements, or who fails a department evaluation may be disqualified from teaching motorcycle instruction courses until they comply with those requirements. Proposed s. Trans 129.10 (6) provides that rider coach licenses run for the same period as curriculum provider authorizations and requires the department evaluate each instructor at least once during each licensing period. Proposed s. Trans 129.10 (7) codifies longstanding practices used by the department to manage the limited number of rider coach training class enrollment positions in department-sponsored training classes. The number of rider coach applicants often exceeds the maximum class size for the department-sponsored training, and the department may limit the number of applicants to be trained to the maximum class size in the rider coach training class. To meet the need for instructors statewide, the department sometimes grants training preference to rider coaches who intend to instruct in parts of the state where more instructors are needed. Applicants who are not sponsored by a school may be excluded from training. Applicants who do not meet background or driver record requirements for rider coach trainers are excluded from training. The department may also conduct interviews to select rider coach applicants who are most likely to succeed as rider coaches. Persons who are not admitted into the department-sponsored rider coach training program may still qualify as rider coaches by attending appropriate motorcycle rider coach training at another site. Section Trans 129.11 addresses course evaluations and rider education facility requirements. This rule proposes to create s. Trans 129.11 (1) (c) to clarify that the evaluation criteria and methodology used to evaluate facilities and instructors are consistent with the standards set by the curriculum provider. Due to the number of rider schools, the time it takes to make all required site visits, and because this program is staffed by a single department employee, this rule allows department-authorized personnel to make the inspections. The rule also states that a person employed by a rider school cannot conduct the inspection of the facilities and instruction at that school or the site used by the school.
The provisions of s. Trans 129.12 (1) and (2) requiring rider education providers to be licensed and setting forth the grounds for withdrawal licenses are moved into the rider school licensing provisions of s. Trans 129.08. Section Trans 129.12 (3), which provides a hearing process for review of department motorcycle program decisions, is amended to provide for review of licensing decisions. Under proposed s. Trans 129.13, motorcycle instruction sites are required to use an online system to file reports with the department. The department has created an online system to make it quicker and easier for teachers to issue skills test waivers, for their students to access results, and to benefit DMV by reducing the number of occasions that drivers cannot be issued the product they seek when arriving at DMV customer service centers. The department’s online systems for reporting are under development. These provisions are drafted in a manner that will accommodate improvements in the online reporting system without the need for additional rulemaking. Section Trans 129.15 is amended to clarify that grants are available to persons teaching the basic course for experienced riders and to eliminate the 3-year permanent address requirement for grant eligibility. The current address requirement needlessly limits the ability of rider education providers to move their facilities as needs change. Finally, s. Trans 129.15 reflects that federal grant programs now require compliance with 2 CFR part 200, which replaced the former OMB Circular No. A87. Section Trans 129.20 is amended consistent with changes made to the Wisconsin Fair Employment Act by 2017 Wis. Act 278, which requires agencies to consider whether people that have committed crimes are rehabilitated and therefore eligible for professional licenses. The background requirement set forth in this this section is made subject to the fair employment act requirements. This rulemaking repeals the automatic indexing of liability insurance requirements set forth in s. Trans 129.21 (1) (b). Those indexing requirements were adopted for consistency with now-repealed s. 344.11 (1), Stats., that was created by 2007 Wis. Act 28, s. 2963r and repealed by 2011 Wis. Act 14, s. 5. The department believes that the minimum liability requirements of s. Trans 129.21 (1) are sufficient and that if the department believes they are insufficient at a later date, it may amend the rule to increase those limits. Section Trans 129.21 (3) is rewritten to more clearly provide how persons may make claims against a motor rider education provider’s bond in the event the provider does not provide training following receipt of the person’s deposit. The rule creates s. Trans 129.23 to require motorcycle instructors to promptly report convictions and activities inconsistent with rider coaching. Previously, the program has had issues because it failed to learn of instructor convictions, and this rule is intended to provide an incentive to rider coaches to self-report any infraction that may jeopardize their motorcycle instructor license. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
There are no federal statutes or regulations that oversees motorcycle instruction. The U.S. Military requires training for all riders who operate motorcycles and refers its members to Motorcycle Safety Federation classes, such as those offered in Wisconsin.
Army Safety Program Regulation 385-10 requires army personnel to successfully complete a Motorcycle Safety Foundation or MSF-based approved motorcycle rider safety course. Commanders are not authorized to waive or defer the training. Anyone who operates a motorcycle on an army installation, to include government-owned motorcycles, must successfully complete a MSF-based rider safety course, or present documentation of previous attendance.
The Army standard motorcycle rider course is an MSF-based Basic RiderCourse. Commanders may offer the experienced rider course in addition to the basic rider course, but not in lieu of the basic rider course.
7. Comparison with Similar Rules in Adjacent States:
Illinois, Minnesota, Michigan, and Iowa all use the Motorcycle Safety Foundation curriculum in their motorcycle instruction programs.
Illinois:
92 Ill. Adm. Code 1030.88: Exemption of Facility Administered Road Test
f) Motorcycle Road Test. The Department shall exempt an applicant for a Class M or Class L driver's license (see Section 1030.30), which allows operation of a motorcycle and/or motor-driven cycle, from a facility-administered road test if the applicant is 18 years of age or older and possesses a valid Illinois driver's license to operate any other classification of motor vehicles and:
1) shows acceptable proof of completion of a motorcycle rider safety training course approved by the Illinois Department of Transportation stating the individual is qualified to operate a motorcycle and/or motor-driven cycle with the cubic centimeter piston displacement that correlates to the classification of driver's license applied for. Successful completion of the motorcycle rider safety training course shall be evidenced by a Student Completion Card issued by the Illinois Department of Transportation not more than one year prior to the date of application; and
2) is an active duty member of the United States Armed Forces and presents a motorcycle rider training/testing course completion card issued by the Motorcycle Safety Foundation, dated not more than one year prior to the date of application, that indicates the applicant is qualified to operate a motorcycle and/or motor-driven cycle with cubic centimeter piston displacement that correlates to the classification of driver's license for which the applicant is applying. The completion card must be accompanied by an Illinois Secretary of State approved verification form completed by the applicant and examiner certified by the Motorcycle Safety Foundation.
92 Ill. Adm. Code 455.40: Incorporations by Reference
a) Incorporations by Reference
The Department incorporates by reference the following:
1) As the curriculum for the beginner courses, the Motorcycle Safety Foundation's RiderCoach Guide (January 2017).
2) As the curriculum for the advanced courses, the Motorcycle Safety Foundation's Advanced Rider Course (ARC) (May 2017).
3) As the curriculum for the Chief Instructor courses, the Motorcycle Safety Foundation's RiderCoach Trainer Guide (January 2016).
b) All the materials incorporated by reference in this Section are incorporated as of the date specified and include no later amendments or editions.
c) Copies of the materials incorporated by reference in this Section are available at the Department, 2300 South Dirksen Parkway, Room 007, Springfield IL 62764 or by calling 217/782-3568. The federal standards are available on the National Archives and Records Administration's website at http://www.ecfr.gov. The state of Illinois describes its program as follows:
Motorcycle Classification
