CR 23-042 Rule Text

Trans 102.11 (3) REPLACEMENT OF DEFECTIVE PRODUCTS. The department shall reissue a product without fee if the product is inaccurate because of a department error or if the card on which it was produced is defective.

4 (4) CHANGE IN RESTRICTIONS. The department shall not charge a fee for operator’s license issuance due to the addition or removal of a license restriction, except for removing a K or L restriction.

5 (5) REMOVAL OF ENDORSEMENT. A person who is issued a new operator’s license to remove an endorsement shall pay the fees specified in s. 343.21 (1) (L) and (n), Stats.

6 (6) DUPLICATE LICENSES. A person who obtains a duplicate license shall pay the fees specified in s. 343.21, Stats., (1) (L) and (n).

(Note) See s. 343.21 for all operator’s license fees.

SECTION 32. Trans 102.14 is repealed and recreated to read:

Trans 102.14 Issuance.

1 (1) The department may not issue a product if any of the following apply:

a (a) The computer system or equipment is not functioning in a manner that will allow the department to produce the product.

b (b) Further verification of eligibility is necessary to comply with requirements for issuance of the product under ch. 343, Stats., or this chapter.

c (c) There are administrative reasons for not issuing the product immediately, for purposes including, but not limited to, conducting a study or establishing a control group.

d (d) The applicant does not provide a sample signature for reproduction on the product in the format first name, middle initial or name, last name; or in the format first name, last name. An applicant may not include in a signature any information other than the applicant's name.

(Note) See s. 990.01 (38), Stats., for applicants who are unable to write.

e (e) The applicant possesses products issued in another jurisdiction and does not surrender the products.

f (f) The applicant is issued a Class D or M 60-day extension card under sub. (7). This prohibition shall not apply once the reason for denying an operator’s license and issuing an extension under sub. (7) (a) is satisfied.

g (g) The department is unable to verify any of the information required under ch. 343, Stats., or this chapter.

h (h) The department determines the application contains inaccurate or false information.

i (i) The department determines the applicant is ineligible for the product under ch. 343, Stats., or this chapter.

2 (2) The department may not issue an identification card without charge for voting purposes to any person who is not a U.S. citizen or who is not at least 17 years of age. The department may not determine whether a person is otherwise eligible to vote.

3 (3) The department may issue a temporary product if the person is eligible under s. Trans 102.15 (2) (d) or

(8) or s. 343.50 (1) (c) 1., Stats. The temporary product shall be valid until the permanent product is delivered by mail or the person is determined to be ineligible for the product.

(Note) See s. 343.20 (1m), Stats.

4 (4) (a) Temporary residents.

1 1. A product issued to a person who is neither a citizen nor a permanent resident of the United States may not expire later than the last date the person is eligible to remain in the United States.

2 2. The department shall issue a product with an expiration date as determined by s. Trans 102.03 (3) to a person who is neither a citizen nor a permanent resident of the United States and whose last date of eligibility to remain in the United States is undetermined.

3 3. A product issued to a person whose proof of legal presence is specified in s. 343.14 (2) (es) 4. to 7., Stats., and whose term of stay in the United States is undefined shall expire one year after issuance or renewal.

4 4. Nationals from the Federated States of Micronesia, Palau, or the Marshall Islands may be issued a product valid for one year if the department verifies the person’s passport and arrival-departure record card as proof of identity. If a national from one of these countries presents an employment authorization document defining a specific period of employment eligibility in the United States, any product issued to them shall be for that defined period and shall not exceed the maximum duration of that product under state law.

(b) Renewal of temporary resident products. No product may be renewed to a person no longer eligible to remain in the United States.

5 (5) (a) Temporary visitors. A product, other than a commercial driver license, issued to a person who establishes proof of residence under sub. (4) and whose legal status in the United States is not permanent, shall be labeled “limited term.”

b (b) Non-domiciled persons. A commercial driver license issued to a person who establishes proof of residence under sub. (4), is not a citizen of Mexico or Canada, and whose proof of legal status in the United States does not prove a right to remain permanently in the United States shall be labeled “non-domiciled.”

(Note) Citizens of Mexico and Canada must obtain commercial driver licenses from their home country under 49 CFR 383.23 (b) (1), footnote 1.

c (c) Law enforcement. Products issued to law enforcement for confidential investigative purposes may contain fictitious information.

(Note) Records related to such products shall not be open to public inspection under s. 19.35, Stats.

d (d) Character set used for names. Names transcribed on a product shall be limited to the English alphabet, without diacritical marks. Apostrophes and hyphens may be used in a name. In the event other symbols are used as part of a name, the department may phoneticize the name or transcribe it in a manner that matches the applicant’s social security card or other identity documents.

6 (6) (a) Proof of driver training. The department shall not issue a license to a person under 18 years of age unless one of the following is provided:

1 1. Proof that the person successfully completed a driver education or training course which meets the requirements of s. 343.06 (1) (c), Stats. The training school may provide the proof electronically.

2 2. Proof that the person successfully completed an approved driver education course in another jurisdiction.

3 3. Proof that the person is exempt from driver education requirements under s. 343.08 or 343.135, Stats.

(b) Proof of sponsorship. The department shall not issue an operator’s license to a person under 18 years of age unless satisfactory proof of adult sponsorship for that person, that meets the requirements of

s. 343.15, Stats., and s. Trans 102.21, is filed with the department.

7 (7) (a) Upon application for renewal of a driver license, the department may issue one extension of an operator’s license authorizing operation of “Class D” or “M” vehicles, or both, for a period not to exceed 60 days in any of the following scenarios:

1 1. The department requires an examination for renewal of a license.

2 2. The applicant requests issuance of a REAL ID compliant operator’s license but lacks all necessary documentary evidence and requests additional time to obtain that documentary evidence.

3 3. The department is unable to confirm an applicant’s claim of veteran status with the department of veteran affairs, and the applicant requests additional time to obtain verification from the department of veteran affairs or a county veterans service officer.

(Note) See s. 343.14 (2) (j), Stats.

4 4. DMV service center staff is unable to issue a product at the time of the application because of computer system problems, problems at the facility, war, or acts of God.

(b) This subsection only permits extension of regular or probationary operator’s licenses and does not apply to commercial driver licenses, temporary licenses, driving receipts, or any temporary product.

8 (8) (a) A person may renew a product online, except as provided in pars. (b) and (c). A new photograph is required at least once every 16 years, and a product may not be renewed online if a new photo is required.

b (b) A person must appear in person at a DMV customer service center to renew a product if the person’s application indicates a material change is made to any data, other than an address, retained in the department’s records or on any product that has been issued to the driver. In-person appearance is required to have any of the following data on the product or in the department’s files changed:

1 1. The person’s name.

2 2. The person’s birthdate or place of birth.

3 3. The person’s social security number.

4 4. The person’s sex, height, weight, eye color, or hair color.

5 5. The person’s driver license or identification card number.

6 6. The vehicle class the person is authorized to operate.