Implementation costs at the local level will be very minimal since training sites are already following the current curriculum provider's (Motorcycle Safety Foundation) guidelines when offering classes. Any procedures that need to occur at the state level are part of current practice and will not cost the Wisconsin Motorcycle Safety Program any additional funds. Monitoring of compliance is already taking place on a regular basis and will not need to be significantly adjusted to meet the guidelines of the updated administrative rule.
11. Agency Contact Person:
Sarah Langlois, Motorcycle Safety Program Coordinator
Hill Farms State Office Building
4822 Madison Yards Way
9th Floor South
Madison, WI 53707-7936.
(608) 709-0080
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Motorcycle Safety Program Coordinator
Attn: Trans 129 Comments
Hill Farms State Office Building
4822 Madison Yards Way, 9th Floor South
Madison, WI 53707-7936
Written comments may also be submitted to the Department of Transportation at via email directed to DOTAdminRules@dot.wi.gov and should include “Trans 129 Comments” in the subject line. TEXT OF RULE
Section 1. Trans 129.01 (intro.), (2), and (4) are amended to read:
(2) To set standards for and to establish the department's administrative interpretation with regard of statutes related to motorcycle instruction schools rider education providers and rider coaches.
(4) To implement the Type 1 motorcycle, moped, and motor bicycle safety program under s. 85.30, Stats. Section 2. Trans 129.01 (5) is created to read:
Trans 129.01 (5) To set standards for rider courses that qualify for demerit point reduction under s. 343.32 (4), Stats., and s. Trans 101.07 (1) (d). Section 3. Trans 129.02 (2) is repealed and recreated to read:
Trans 129.02 (2) In this chapter:
(a) "Basic course for experienced riders" means a basic rider course in motorcycle safety that is intended for students with previous experience riding motorcycles, is provided by a rider education provider, meets the requirements of s. Trans 129.09 (2), and has been approved by the department. (Note) The current curriculum provider in this state, the Motorcycle Safety Foundation, refers to this course as the “BRC2.” The course teaches most of the elements of the basic rider course but does not include instruction on elements that experienced riders will already know, such as clutch manipulation. All the same safety-related instruction is offered in this class as in the basic rider course. Both range and classroom training are part of this course.
(b) “Basic rider course" means a beginning course in motorcycle safety provided by a rider education provider that meets the requirements of s. Trans 129.09 (1) and has been approved by the department. (c) “Curriculum provider” means an organization that has established rider education standards and provides motorcycle safety instruction that qualifies a person for a motorcycle skills test waiver under s. Trans 129.03, or an organization that has established rider education standards and provides comparable motorcycle safety instruction in another jurisdiction that qualifies a person for a motorcycle skills test waiver under s. Trans 129.07. (Note) The Motorcycle Safety Foundation, an organization that has established rider education standards and provides rider education classes in this state, currently qualifies as a curriculum provider.
(d) “Driver record" means the abstract of convictions and other information related to a driver maintained by the department in its computer database.
(e) “Person” has the meaning set forth in s. 990.01 (26), Stats., and includes schools and technical colleges. (f) “Rider coach” means a person who provides motorcycle classroom or range training, or both.
(g) “Rider coach license” means a license issued under this chapter that authorizes an individual to conduct classes leading to a motorcycle skills test waiver or demerit point reduction.
(h) “Rider education provider” means a school that provides training on the operation of motorcycles.
(i) “Rider education standards” means the standards described in the Motorcycle Safety Foundation’s Rider Education and Training System Standards (2010), or standards that are substantially similar as determined by the department.
(Note) The standards described in the Motorcycle Safety Foundation’s Rider Education and Training System Standards (2010) are incorporated by reference into this chapter with the approval of the Wisconsin attorney general on February 19, 2024, as required by s. 227.21 (2), Stats. All approved material is available for inspection on the Motorcycle Safety Foundation's website at https://msf-usa.org/documents/research/msf-standards/. It is also available for inspection at the Wisconsin Legislative Reference Bureau. (j) “Skills test” means an examination of a person's ability to exercise ordinary and reasonable control in the operation of a motorcycle.
Section 4. Trans 129.03 (title) is amended to read:
Trans 129.03 (title) Student requirements for skills test waiver.
Section 5. Trans 129.03 (1) (a) and (b) are repealed and recreated to read:
Trans 129.03 (1) (a) Pass a “Class M” knowledge test.
(b) Provide proof of completion of a basic rider course or basic course for experienced riders within one year of the date of the application. A motorcycle skills test waiver shall be valid for one year from the date of rider course completion. If the proof of completion or electronic notice of waiver eligibility indicates that the skills test for the course was completed on a 3-wheeled motorcycle, the person’s Class “M” privilege shall be restricted to operation of 3-wheeled motorcycles. The 3-wheeled restriction may be removed by completion of a skills test on a 2-wheeled motorcycle conducted by the department or a licensed rider education provider.
Section 6. Trans 129.03 (2) is amended to read:
Trans 129.03 (2) AIf a person who takes and fails a motorcycle skills test after completing conducted by a rider education provider at the conclusion of a basic rider education course or basic course for experienced riders, the person is not eligible for the motorcycle skills test waiver, unless the person receives additional rider training from a rider education provider, as directed by the rider education provider’s curriculum provider, and retakes and successfully completes a motorcycle skills test at the conclusion of the additional training.
Section 7. Trans 129.04 is repealed and recreated to read:
Trans 129.04 Rider course exemptions. A person is exempt from the requirement to successfully complete a basic rider course under ss. 343.06 (1) (c), 343.07 (4) (b), or 343.16 (1) (a) 3., Stats., if any of the following apply: (1) The person holds an operator's license, other than an instruction permit, that is valid or that is not expired by more than 4 years from another jurisdiction that authorizes the operation of a motorcycle.
(2) The person does not reside within 50 highway miles, by the most direct route, of a basic rider course site.
(3) The person is an applicant for a restricted license under s. 343.08, Stats., or for a special restricted license under s. 343.135, Stats. Section 8. Trans 129.05 (intro.) and (2) are amended to read:
Trans 129.05 (intro.) Motorcycle instruction permits. The department may issue an instruction permit authorizing the operation of Type 1 motorcycles to a person who is required to complete a basic rider course by s. 343.06 (1) (c), 343.07 (4) (b), or 343.16 (1) (a), Stats., if the person meets all of the following criteria: (2) The person is enrolled in a basic rider course or basic course for experienced riders or is exempt from the requirement of attending a basic rider course under s. Trans 129.04. Section 9. Trans 129.07 (2) (a) is amended to read:
Trans 129.07 (2) (a) The person shall present documentation satisfactory to the department that the person successfully completed a qualified motorcycle rider course offered by another jurisdiction, a U.S. government agency, or a military branch unless the training facility electronically reported completion to the department in the manner required by the department.
Section 10. Trans 129.07 (3) is created to read:
Trans 129.07 (3) The department must determine that out-of-state training is substantially similar to training offered in this state in order to be considered a qualified motorcycle rider course under sub. (2) (a).
Section 11. Trans 129.08 is repealed and recreated to read:
Trans 129.08 Rider education provider license.
(1) Rider education provider license required. No person may conduct a rider education course as part of the waiver of skills test program or the demerit point reduction program unless the person holds a rider education provider license issued by the department.
(2) Qualification requirements. To qualify for a rider education provider license, a person shall submit a complete application to the department and shall meet all of the following requirements:
(a) Hold all other licenses required by the state in which the person is located.
(b) Offer a basic rider course, a basic course for experienced riders, or both.
(c) Require students to be present for all sessions of a course used to obtain a skills test waiver or demerit point reduction.
(d) File an activity report at least annually, no later than December 31 of each year or within 30 days of course completion if filing within 30 days is required under s. Trans 129.15 (6). The report shall contain all of the following: 1. Each student's full name.
2. Each student's driver license number, date of birth, address, and phone number.
3. Course completion date.
4. The reason any individual student did not complete the course.
5. Each student's skills test waiver number or other identifying number as determined by the department.
6. The rider coach's name, department-assigned coach number, and curriculum provider rider coach number.
7. The rider education provider’s identification number.
(Note) Grant recipients who are rider education providers must file reports within 30 days of class completion. See s. Trans 129.15 (6). (e) Allow only persons who are licensed as rider coaches under s. Trans 129.10 and have certification from the curriculum provider to teach classroom or range classes.
