343.63
343.63
Examination of applicants for instructor's license. All applicants for an original instructor's license shall be examined, and other applicants may be examined, by the department as follows:
343.63(1)
(1) A written and oral test shall be completed by the applicant and shall be designed to evaluate the applicant's knowledge of instruction procedures, motor vehicle and traffic laws, safety equipment requirements and functions of essential automotive equipment. The applicant must receive a score of at least 80 per cent.
343.63(2)
(2) The applicant must pass a road test not less than 5 miles long, which shall include driving maneuvers and parking involved in typical traffic situations. The passing score of the applicant must exceed the minimum standard set for obtaining an operator's license by the state.
343.63(3)
(3) Except for an applicant for an instructor's license which is restricted to classroom instruction, the applicant must pass a psychophysical test with the following grades:
343.63(3)(a)
(a) Visual acuity - 20/40 in either eye and at least 20/100 in the other eye, with or without corrective glasses, as measured in the Snellen type test;
343.63(3)(b)
(b) Color perception - ability to perceive and distinguish colors commonly used to regulate and control traffic;
343.63(3)(c)
(c) Depth perception - 20 per cent stereopsis, using the ortho-rater depth perception test built into the road sign identification target.
343.63(3)(d)
(d) Field of vision - lateral range of at least 85 per cent or more from a focus line to each eye;
343.63(3)(e)
(e) Reaction time - at least 50/100 second, using portable brake reaction test, or 75/100 second when using detonator method; and
343.63(3)(f)
(f) Hearing - adequate hearing with or without corrective help.
343.63(4)
(4) The applicant shall submit with his or her application a statement completed by a registered physician showing that in the physician's judgment the applicant is physically fit to teach driving.
343.63(5)
(5) Except for a license which is restricted to classroom instruction, no license shall be issued to an applicant who has suffered an amputation or loss of the full use of either upper limb or loss of the natural use of the foot normally employed to operate the foot brake and foot accelerator.
343.63(5m)
(5m) The department may issue an instructor's license which is restricted to classroom instruction to an applicant who does not otherwise qualify for a license because of a test result under
sub. (3) or because the applicant has suffered an amputation or loss of the full use of either upper limb or loss of the natural use of the foot normally employed to operate the foot brake and foot accelerator, as specified in
sub. (5).
343.63(6)
(6) Applicants who fail to pass a satisfactory examination after 2 successive attempts shall not be reexamined until one year has elapsed since the date of the last examination.
343.64
343.64
Denial of driver school license. 343.64(1)
(1) The secretary may deny the application of any person for a driver school license on a determination that:
343.64(1)(a)
(a) Such applicant has made a material false statement or concealed a material fact in the application;
343.64(1)(b)
(b) Such applicant or any officer, director, partner or other person directly interested in the business was a former holder of a license granted under
s. 343.61 or was directly interested in another driver school which held a license under
s. 343.61 and which license was revoked or suspended;
343.64(1)(c)
(c) Subject to
ss. 111.321,
111.322 and
111.335, the applicant or any officer, director, stockholder, partner or any person directly interested in the business has been convicted of a felony, unless the person so convicted has been duly pardoned;
343.64(1)(d)
(d) The applicant has failed to furnish satisfactory evidence of fitness;
343.64(1)(f)
(f) Such applicant is not the true owner of the school; or
343.64(1)(g)
(g) The application is not accompanied by a copy of a standard liability insurance policy in the amount of $50,000 for personal injury to, or death of any one person and subject to said limit for any one person, $100,000 for personal injury to, or death of any number of persons involved in any one accident, and $10,000 for property damage in any one accident, suffered or caused by reason of the negligence of the applicant or any agent or employe of the applicant.
343.64(2)
(2) The secretary shall deny the application of any person for a driver school license if the applicant fails to provide the information required under
s. 343.61 (2) (a) 1. or
2.
343.65
343.65
Denial of instructor's license. 343.65(1)
(1) The secretary may deny the application of any person for an instructor's license on a determination that:
343.65(1)(a)
(a) Such applicant has made a material false statement or concealed a material fact in connection with the application; or
343.65(1)(b)
(b) The applicant has failed to furnish satisfactory evidence of the facts required of the applicant, has not held a license to drive a motor vehicle within this state for the past year, has not had a driving record satisfactory to the secretary, or, subject to
ss. 111.321,
111.322 and
111.335, has been convicted of a felony and has not been duly pardoned.
343.65(2)
(2) The secretary shall deny an application for the issuance or renewal of an instructor's license if the applicant has not included his or her social security number in the application.
343.65 Annotation
An OWI conviction in another state need not be under a law with the same elements as the Wisconsin statute to be counted as a prior conviction. State v. White, 177 W (2d) 121, 501 NW (2d) 463 (Ct. App. 1993).
343.66
343.66
Revocation or suspension of driver school license. The secretary may suspend or revoke any driver school license issued under
s. 343.61 or refuse to issue a renewal thereof if:
343.66(1)
(1) The licensee has made a material false statement or concealed a material fact in connection with the application for a license or the renewal thereof;
343.66(2)
(2) Subject to
ss. 111.321,
111.322 and
111.335, the licensee or any partner, member, manager or officer of the licensee has been convicted of a felony;
343.66(4)
(4) The licensee or any partner, member, manager or officer of such licensee has been guilty of fraud or fraudulent practices in relation to the business conducted under the license, or guilty of inducing another person to resort to fraud or fraudulent practices in relation to securing for himself or herself or another the license to drive a motor vehicle;
343.66(5)
(5) Subject to
ss. 111.321,
111.322 and
111.335, the licensee has knowingly employed, as an instructor, a person who has been convicted of a felony or has retained such a person in such employ after knowledge of his or her conviction; or
343.66(6)
(6) The licensee has failed to maintain satisfactory insurance to meet damage claims in the amounts specified by
s. 343.64 (1) (g).
343.665
343.665
Restriction, limitation, suspension or revocation of driver school license. 343.665(1)
(1) The secretary shall deny, restrict, limit or suspend any driver school license issued under
s. 343.61 or refuse to issue a renewal for such license if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857.
343.665(2)
(2) The secretary shall suspend or revoke a driver school license issued under
s. 343.61, if the department of revenue certifies under
s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose driver school license is suspended or revoked under this subsection for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and a hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subchapter.
343.665 History
History: 1997 a. 191,
237.
343.67
343.67
Revocation or suspension of instructor's license. The secretary may suspend or revoke any instructor's license issued under
s. 343.62 or refuse to issue a renewal thereof if:
343.67(1)
(1) The licensee has made a material false statement or concealed a material fact in connection with the licensee's application for the license or any renewal thereof;
343.67(4)
(4) The licensee has been guilty of fraud or fraudulent practices in relation to securing for himself or herself or another a license to drive a motor vehicle.
343.67 Annotation
A driver whose car struck an already dead body could not be charged under this section. State v. Yoder, 200 W (2d) 463, 546 NW (2d) 470 (Ct. App. 1996).
343.675
343.675
Restriction, limitation, suspension or revocation of instructor's license. 343.675(1)
(1) The secretary shall deny, restrict, limit or suspend any instructor's license issued under
s. 343.62 or refuse to issue a renewal for such license if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857.
343.675(2)
(2) The secretary shall suspend or revoke an instructor's license issued under
s. 343.62, if the department of revenue certifies under
s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose instructor's license is suspended or revoked under this subsection for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and a hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subchapter.
343.675 History
History: 1997 a. 191,
237.
343.68
343.68
Renewal no bar to revocation of license. Except as provided in
ss. 343.665 and
343.675, in reviewing the renewal of a license, the secretary may deny or delay such renewal for causes and violations as prescribed by
ss. 343.64 to
343.72 occurring during any prior license period.
343.69
343.69
Hearings on license denials and revocations. Before the department denies an application for a driver school license or instructor's license or revokes any such license, the department shall notify the applicant or licensee of the pending action and that the division of hearings and appeals will hold a hearing on the pending denial or revocation. The division of hearings and appeals shall send notice of the hearing by registered or certified mail to the last-known address of the licensee or applicant, at least 10 days prior to the date of the hearing. This section does not apply to denials or revocations of licenses under
s. 343.665 or
343.675.
343.70
343.70
Loss or surrender of licenses. 343.70(1)
(1) If any driver school or instructor's license is lost, it shall be reissued by the department upon application therefor accompanied by satisfactory proof of loss and a fee of $1.
343.70(2)
(2) If a driver school or instructor's license is suspended or revoked, the licensee shall surrender all licenses to the department and no portion of the license fee shall be refunded.
343.70 History
History: 1977 c. 29 s.
1654 (7) (a).
343.71
343.71
Driver schools to maintain records. Every licensed driver school shall maintain the following records:
343.71(1)
(1) A permanently bound book with pages consecutively numbered setting forth the name and address of every person given lessons, lectures, tutoring, instructions of any kind or any services relating to instructions in the operation of motor vehicles;
343.71(2)
(2) A record showing the date, type and duration of all lessons, lectures, tutoring, instructions or other services relating to instructions in the operation of motor vehicles, and this record shall include the name of the instructor giving such lessons or instructions and identification of the vehicle in which any road lesson is given, including type of transmission;
343.71(3)
(3) A file containing a duplicate copy of every agreement entered into between the school and every person given lessons, lectures, instructions or other services relating to instructions in the operation of motor vehicles. No person shall be given lessons, lectures, tutoring or other services relating to instructions in the operation of motor vehicles until a written agreement in a form approved by the department has been executed by both the school and the student. The student shall be given the original, while the school shall retain and preserve the carbon duplicate thereof.
343.71 History
History: 1977 c. 29 s.
1654 (7) (a).
343.72
343.72
Rules for conducting driver schools; prohibited practices. 343.72(1)(1) No licensee may agree to give refresher lessons, unless the student states that he or she has had previous driving experience.
343.72(2)
(2) No licensee shall agree to give unlimited driver's lessons, nor represent or agree, orally or in writing or as a part of an inducement to sign any agreement, to give instructions until an operator's license is obtained.
343.72(3)
(3) No agreement shall contain a "no refund" clause, but may contain the following: "The school will not refund any tuition or part of tuition if the school is ready, willing and able to fulfill its part of the agreement".
343.72(4)
(4) All records of agreement must include the following statement: "This constitutes the entire agreement between the school and the student and no verbal statement or promises will be recognized".
343.72(5)
(5) The licensee shall have a specific place of business described in the license. No licensee shall establish its headquarters within 1,500 feet of a department office where licenses are issued, nor within 1,500 feet of any headquarters where official road tests are given, and locations shall be filed with the department as part of the license application. Any change in address must be reported to and approved by the department.
343.72(6)
(6) All licensees must ascertain from state license examiners the route over which road tests are given, and no licensee may instruct in those areas.
343.72(7)
(7) Licensees shall not publish, advertise or intimate that a license is guaranteed or assured. The display of a sign such as "License Secured Here" is forbidden.
343.72(8)
(8) A driver school may display on its premises only a sign reading: "This School is Licensed by the State of Wisconsin".
343.72(9)
(9) Except as provided by
sub. (8), the use of the word "Wisconsin", "State" or the name of the city in which the school is located, in any sign, firm name or other medium of advertising is prohibited.
343.72(10)
(10) All driver training cars used by the school must be identified by a sign on the rear of the vehicle stating that it is a driver school vehicle.
343.72(11)
(11) All driver training cars must be registered with the department with a brief description of each, including the make, model, registration number and type of transmission.
343.72(12)
(12) All driver training cars shall be equipped with approved dual controls so that the instructor can stop the car promptly. The department may inspect these cars at its discretion.
343.73
343.73
Penalty. Any person who violates
ss. 343.60 to
343.72 may be fined not less than $25 nor more than $100 or imprisoned not more than 30 days for each offense.
343.73 History
History: 1971 c. 278;
1973 c. 218.
343.75
343.75
Control group testing by department. The department may exempt certain persons from one or more of the mandatory requirements of this chapter to establish a test group in order to compare this group with a group of persons not exempted from any of the mandatory requirements of this chapter. After comparing these 2 groups, the department shall determine what effect, if any, that a particular mandatory requirement may have on highway safety in this state. The department shall submit any findings in this regard to the secretary who shall include them in the report required under
s. 15.04 (1) (d).
