Trans 129.09 History
History: Cr.
Register, January, 1998, No. 505, eff. 2-1-98;
CR 04-132: am. (1) (b) and (2) (a)
Register April 2005 No. 592, eff. 5-1-05;
CR 07-084: am. (1) (f) and (2) (e), r. (3)
Register February 2008 No. 626, eff. 3-1-08.
Trans 129.10(1)(1)
Application. Instructors seeking authorization to participate in the waiver of skills test program shall complete and submit an application to the department on the department's form.
Trans 129.10 Note
Note: Application forms can be obtained from and should be submitted to the Department of Transportation, Transportation Safety Programs, P. O. Box 7920, Room 551, Madison, WI 53707-7920. You may also access the form at
http://www.dot.wisconsin.gov/forms/docs/mv3574.doc.
Trans 129.10(2)
(2) Waiver eligibility criteria. An instructor may not be authorized to grant waivers of skills tests unless the instructor meets all of the following criteria:
Trans 129.10(2)(a)
(a) The instructor has completed a department-approved instructor preparation course in this state or a substantially similar course approved by another jurisdiction, U.S. governmental agency, or a branch of the military.
Trans 129.10(2)(c)
(c) The instructor shall teach 3 range and 3 classroom courses during an authorization period.
Trans 129.10(2)(d)
(d) The instructor shall attend a minimum of one department-conducted or pre-approved instructor in-service program during each authorization period. At least 70 percent of the agenda shall be curriculum oriented.
Trans 129.10(2)(e)
(e) The instructor shall successfully complete all knowledge tests and all skill tests and other evaluations required for instructor certification.
Trans 129.10(3)
(3) Instructor driver record requirements. To be authorized to instruct students in rider education courses for the motorcycle skills test waiver or point reduction purposes, the instructor shall maintain a satisfactory driving record. A person's driving record may not be considered satisfactory under this subsection if that person:
Trans 129.10(3)(a)
(a) Has accumulated more than 6 demerit points under s.
343.32 (2), Stats., during a one-year period, as specified in this paragraph and
sub. (4). The one-year period, under this paragraph, shall commence from the date of the first violation which contributed to the accumulation of more than 6 demerit points.
Trans 129.10(3)(b)
(b) Has been involved in 2 or more accidents in the preceding year and the accident report indicates that the person may have been causally negligent.
Trans 129.10(3)(c)
(c) Has had his or her operator's license revoked or suspended for a traffic violation other than a parking violation, failure to pay a forfeiture or other debt of any type, at any time during the preceding year.
Trans 129.10(4)(a)(a) If an applicant for an authorization under this section accumulates more than 6 demerit points in a one-year period as provided in
sub. (3) (a) in the year preceding application, the department shall deny the instructor's application until one year elapses from the date of the most recent violation that resulted in the person's accumulation of more than 6 demerit points.
Trans 129.10(4)(b)
(b) If an instructor authorized under this section accumulates more than 6 demerit points in a one-year period as provided under
sub. (3) (a), the department shall cancel the instructor's authorization for a period of one year. The period of cancellation shall commence on the date that the department receives notice of the most recent conviction that resulted in the person's accumulation of more than 6 demerit points.
Trans 129.10(4)(c)
(c) An applicant for authorization under this section, or an instructor currently authorized under this section, may utilize demerit point reduction pursuant to
s. Trans 101.07. If sufficient point reduction to bring the demerit point total below 7 points is thereby achieved, the applicant or instructor may reapply for authorization immediately. A rider course is not acceptable for demerit point reduction.
Trans 129.10(5)(a)(a) All authorized instructors shall be assigned an authorization number by the department.
Trans 129.10(5)(b)
(b) The authorization assigned by the department shall be valid through December 31 of the third year following the date of issuance, unless cancelled.
Trans 129.10(5)(c)
(c) The department shall evaluate each instructor's qualifications under this section at least once every 3 years and shall cancel the authorization of any instructor who does not meet the qualification requirements. The authorization assigned by the department shall be valid for a period of 3 years from date of issuance unless cancelled.
Trans 129.10 History
History: Cr.
Register, January, 1998, No. 505, eff. 2-1-98;
CR 07-084: am. (1), (2) (c), (d) and (4) (c), r. (2) (b), cr. (2) (e)
Register February 2008 No. 626, eff. 3-1-08.
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)(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(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(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)(g)
(g) Student's skills test waiver number or other identifying number as determined by the department.
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 History
History: Cr.
Register, January, 1998, No. 505, eff. 2-1-98.
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)(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)4.
4. Give priority to funding basic rider courses over experienced rider courses.
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)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)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:
