343.61
343.61
Driver school requirements. 343.61(1)
(1) The department shall issue and renew driver school licenses in conformity with the requirements of this subchapter. No person may operate a driver school, advertise, solicit bids for business, or provide services unless the person holds a valid driver school license issued by the department.
343.61(2)(a)(a) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:
343.61(2)(a)1.
1. Except as provided in
subd. 1m., in the case of an individual, the individual's social security number.
343.61(2)(a)1m.
1m. In the case of an individual who does not have a social security number, a statement made or subscribed under oath or affirmation that the individual does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license that is issued by the department in reliance on a statement submitted under this subdivision is invalid if the statement is false.
343.61(2)(a)2.
2. In the case of a person who is not an individual, the person's federal employer identification number.
343.61(2)(a)3.
3. Identification of all driver school office and driver school classroom locations.
343.61(2)(am)
(am) A driver school may provide to the department a written certification that the driver school has complied with all applicable driver school office and driver school classroom requirements imposed under this subchapter or under any rule promulgated by the department under this subchapter.
343.61(2)(b)
(b) The department of transportation may not disclose any information received under
par. (a) 1. or
2. to any person except to the department of children and families for purposes of administering
s. 49.22, the department of revenue for the sole purpose of requesting certifications under
s. 73.0301, and the department of workforce development for the sole purpose of requesting certifications under
s. 108.227.
343.61(2m)
(2m) The department may not issue or renew a driver school license if any of the following applies:
343.61(2m)(a)
(a) The applicant or licensee or any officer, director, partner or other person directly interested in or actively involved in the driver school business was a former holder of, or actively involved in a driver school business operating under, a license issued under this section or a similar license issued by another jurisdiction or was directly interested in or a party actively involved in another driver school which held a license under this section or a similar license issued by another jurisdiction, or was the former holder of an instructor license issued under
s. 343.62, and any such license was revoked or suspended.
343.61(2m)(b)
(b) Subject to
ss. 111.321,
111.322, and
111.335, the applicant or licensee or any officer, director, stockholder, partner or any person directly interested in or actively involved in the driver school business has been convicted of a felony, or any other disqualifying offense as established by rule by the department, in this state, or in another jurisdiction, including a conviction under the law of a federally recognized American Indian tribe or band in this state, for an offense that if committed in this state would be a felony or disqualifying offense, unless the person so convicted has been officially pardoned.
343.61(2m)(c)
(c) The applicant or licensee does not have a driver school office.
343.61(2m)(d)
(d) The applicant or licensee is not the true owner of the driver school.
343.61(2m)(e)
(e) The applicant or licensee fails to provide the information or statement required under
sub. (2) (a) 1. to
2.
343.61(2m)(f)
(f) The applicant has made a material false statement or concealed a material fact in an application.
343.61(3)(a)1.1. The required fee for any driver school license, or for any annual renewal thereof, is $95.
343.61(3)(a)2.
2. A driver school license expires on the date stated on the license, but not later than 24 months after the date on which the license is issued. The department may institute any system of initial license issuance that it considers advisable for the purpose of gaining a uniform rate of renewals. To put such a system into operation, the department may issue licenses that are valid for any period less than one year. If the department issues a license that is valid for less than one year, the department shall accordingly prorate the fees specified under
subd. 1.
343.61(3)(b)
(b) In addition to the fee under
par. (a), an applicant or licensee under this section shall pay a one-time fee of $10 for each mailing address where one or more driver school classrooms are located.
343.61(3)(c)
(c) The fee for a duplicate license certificate provided under
sub. (4) (a) is $10.
343.61(3)(d)
(d) The department shall charge a fee of $10 for any change to a license certificate, including a change in the location of a driver school office.
343.61(3)(e)
(e) If any driver school license is lost, the department shall issue a replacement upon receipt of a completed application, satisfactory proof of eligibility, satisfactory proof of loss, and a fee established by the department by rule.
343.61(3m)(a)(a) A driver school shall maintain a standard liability insurance policy in the name of the school, with the minimum insurance coverage specified by rule by the department. The insurance policy shall require the insurer to notify the department not less than 30 days before the policy expires or is materially changed or canceled.
343.61(3m)(b)
(b) A driver school shall file with the department a bond in the form and amount established by the department by rule.
343.61(4)(a)(a) If the department approves an application for a driver school license and the applicant pays the required fee, the department shall issue a license, and provide a license certificate, to the applicant. The licensee shall display the certificate in the licensee's driver school office, but is not required to display the certificate in any driver school classroom.
343.61(4)(b)
(b) The location of each driver school office shall be identified in the license. Except as provided by the department by rule, no licensee may establish any driver school office within 1,500 feet of a department office where operator's licenses are issued, nor within 1,500 feet of any headquarters where official driving skills tests are given. Any change in address of any driver school office or driver school classroom must be reported to and approved by the department. A driver school may maintain driver school classrooms at locations other than the driver school office.
343.61(4)(c)
(c) The use of the word "Wisconsin" or "State" in any firm name is prohibited.
343.61(5m)
(5m) Any driver school licensed under this section may be authorized by the department to provide testing, limited to knowledge and signs tests, for students of the driver schools who are under the age of 18 and for driver school instructors. Authorized driver schools providing such testing shall meet standards and follow procedures established by the department by rule.
343.61 History
History: 1977 c. 29 s.
1654 (7) (a), (e);
1977 c. 273;
1989 a. 31;
1993 a. 455;
1997 a. 27,
191,
237;
1999 a. 9,
32,
124;
2005 a. 397, ss.
6 to
18,
31 to
38,
55,
67, and
72;
2005 a. 466;
2007 a. 20;
2013 a. 36.
343.61 Cross-reference
Cross-reference: See also ch.
Trans 105, Wis. adm. code.
343.62
343.62
Instructor requirements. 343.62(1)
(1) The department shall issue and renew instructor's licenses in conformity with the requirements of this subchapter. No person, including a person holding a driver school license, may act as an instructor in a driver school unless the person holds a valid instructor's license issued by the department. No driver school may employ any person as an instructor unless the person holds a valid instructor's license issued by the department.
343.62(2)(a)(a) Application for an instructor's license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. Except as provided in
par. (am), the application shall include the applicant's social security number.
343.62(2)(am)
(am) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license that is issued by the department in reliance on a statement submitted under this paragraph is invalid if the statement is false.
343.62(2)(b)
(b) The department of transportation may not disclose a social security number obtained under
par. (a) to any person except to the department of children and families for the sole purpose of administering
s. 49.22, the department of revenue for the sole purpose of requesting certifications under
s. 73.0301, and the department of workforce development for the sole purpose of requesting certifications under
s. 108.227.
343.62(3)(a)1.1. The annual fee for an instructor's license is $25, except that no fee is required for an individual who is eligible for the veterans fee waiver program under
s. 45.44.
343.62(3)(a)2.
2. An instructor's license expires on the date stated on the license, but not later than 24 months after the date on which the license is issued. The department may institute any system of initial license issuance that it considers advisable for the purpose of gaining a uniform rate of renewals. To put such a system into operation, the department may issue licenses that are valid for any period less than one year. If the department issues a license that is valid for less than one year, the department shall accordingly prorate the fee specified in
subd. 1.
343.62(3)(b)
(b) If an instructor's license is lost, the department shall issue a replacement upon receipt of a completed application, satisfactory proof of the instructor's eligibility, satisfactory proof of loss, and a fee established by the department by rule.
343.62(4)(a)(a) Except as provided in
par. (b), the department may not issue an original instructor's license to an applicant unless all of the following apply:
343.62(4)(a)1.
1. The applicant completes a knowledge test developed by the department and administered as provided by rule, and designed to evaluate the applicant's knowledge of instruction procedures, motor vehicle and traffic laws, safety equipment requirements, and functions of essential automotive equipment, and the applicant passes the test with a score of at least 80 percent. An applicant who fails to receive a passing score may be reexamined, except that an applicant who fails to pass the test after 2 successive attempts may not be reexamined until one year has elapsed since the date of the last test. The department may by rule provide for an alternative requirement for the issuance of an instructor license in lieu of taking and passing the test under this subdivision. An applicant may not seek review under
s. 343.69 of any determination by the department under this subdivision.
343.62(4)(a)2.
2. The applicant passes, with a score that exceeds the minimum standard for obtaining an operator's license, a driving skills test that includes driving maneuvers and parking involved in typical traffic situations. An applicant who fails to receive a passing score may be reexamined, except that an applicant who fails to pass the test after 2 successive attempts may not be reexamined until one year has elapsed since the date of the last test. The department may by rule provide for an alternative requirement for the issuance of an instructor license in lieu of taking and passing the test under this subdivision. An applicant may not seek review under
s. 343.69 of any determination by the department under this subdivision.
343.62(4)(a)3.
3. The applicant is at least 19 years of age, holds a valid regular operator's license, and has at least 2 years of licensed experience operating a motor vehicle.
343.62(4)(a)4.
4. The applicant submits with the application a statement completed within the immediately preceding 24 months, except as provided by rule, by a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state, and listed in the Christian Science journal certifying that, in the medical care provider's judgment, the applicant is physically fit to teach driving.
343.62(4)(a)5.
5. The applicant is able to safely operate and control, from the passenger seat, a motor vehicle of the vehicle class and type in which the applicant will provide instruction for which satisfactory accommodation cannot be provided by adaptive vehicle equipment.
343.62(4)(a)6.
6. The applicant provides his or her social security number or the statement specified in
sub. (2) (am) as required under
sub. (2).
343.62(4)(a)7.
7. The applicant has provided to the department satisfactory evidence of the facts required of the applicant under
sub. (2) (a).
343.62(4)(a)8.
8. The applicant has a driving record that is satisfactory to the department, as specified by rule.
343.62(4)(a)9.
9. Subject to
ss. 111.321,
111.322 and
111.335, the applicant has not been convicted of a felony, or any other disqualifying offense as established by rule by the department, in this state, or in another jurisdiction, including a conviction under the law of a federally recognized American Indian tribe or band in this state, for an offense that if committed in this state would be a felony or disqualifying offense, unless the person so convicted has been officially pardoned.
343.62(4)(b)
(b) Notwithstanding
par. (a), the department may issue an original instructor's license that is restricted to classroom instruction to an applicant who does not otherwise qualify for a license because the applicant does not meet the requirements specified in
par. (a) 2.,
3., or
5. The department may not issue an instructor's license that is restricted to classroom instruction under this paragraph unless the applicant satisfies standards established by the department by rule relating to the ability of the applicant to communicate clearly and concisely and to control the classroom environment and behavior and establishing any further certification required by the department.
343.62(4)(c)
(c) The department may not renew an instructor's license issued under this section unless the licensee meets the requirements specified under
par. (a) 3. to
9., except that an instructor's license that is restricted to classroom instruction may be renewed to an applicant who meets the requirements specified in
par. (a) 4. and
6. to
9.
343.62 Cross-reference
Cross-reference: See also ch.
Trans 105, Wis. adm. code.
343.66
343.66
Revocation, suspension, cancellation, or denial of renewal of driver school licenses and instructor's licenses. 343.66(1)(1) The department may suspend, revoke, or cancel any driver school license issued under
s. 343.61 or instructor's license issued under
s. 343.62, or, subject to
ss. 343.61 and
343.62, refuse to renew a driver school license or instructor's license if, during any period, any of the following applies:
343.66(1)(a)
(a) The licensee has made a material false statement or concealed a material fact in connection with the application for a license or the renewal of a license.
343.66(1)(b)
(b) 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, or any other disqualifying offense as established by rule by the department, in this state, or in another jurisdiction, including a conviction under the law of a federally recognized American Indian tribe or band in this state, for an offense that if committed in this state would be a felony or disqualifying offense, unless the person so convicted has been officially pardoned.
343.66(1)(c)
(c) The licensee has failed to comply with any of the requirements of
ss. 343.60 to
343.72 or rules promulgated under those sections.
343.66(1)(d)
(d) The licensee or any partner, member, manager or officer of the licensee has been guilty of fraud or fraudulent practices in relation to the business conducted under the license or in relation to securing for himself or herself or another a license to operate a motor vehicle, 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 operate a motor vehicle.
343.66(2)
(2) The secretary shall deny, restrict, limit or suspend any driver school license issued under
s. 343.61 or instructor's license issued under
s. 343.62 or refuse to renew a driver school license or instructor's 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 children and families 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.
343.66(3)
(3) The secretary shall suspend or revoke a driver school license issued under
s. 343.61 or 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 driver school license or 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.
343.66(3m)
(3m) The secretary shall suspend or revoke a driver school license issued under
s. 343.61 or an instructor's license issued under
s. 343.62, if the department of workforce development certifies under
s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose driver school license or instructor's license is suspended or revoked under this subsection for delinquent unemployment insurance contributions is entitled to a notice under
s. 108.227 (2) (b) 1. b. and a hearing under
s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this subchapter.
343.66(4)
(4) If a driver school or instructor's license is revoked, canceled, or suspended, the licensee shall surrender all driver school and instructor licenses to the department and no portion of any license fee shall be refunded.
343.69
343.69
Hearings on license denials, cancellations, restrictions, suspensions, and revocations, and progressive enforcement action. 343.69(1)
(1) If the department denies an application for original issuance or renewal of a driver school license or instructor's license, or revokes, suspends, cancels, or restricts any such license, the department shall notify the applicant or licensee in writing of the action by sending notice of the action by registered or certified mail to the last-known address of the licensee or applicant. Any person who is aggrieved by a decision of the department under this subsection may, within 10 days after the date of receiving notice of the department's action, request review of the action by the division of hearings and appeals in the department of administration under
ch. 227. This subsection does not apply to denials, cancellations, restrictions, suspensions, or revocations of licenses under
s. 343.66 (2),
(3), or
(3m).
343.69(2)
(2) The department shall establish by rule a system of progressive enforcement action taken against licensees for violations of this subchapter or rules promulgated under this subchapter. This system shall include a procedure for addressing consumer complaints and taking action against licensees when such complaints are found to be substantiated.
343.71
343.71
Driver school records, curriculum, and operations. 343.71(1m)(1m) Every licensed driver school shall maintain all of the following records:
343.71(1m)(a)
(a) A record showing the date, type, and duration of, and the name and address of each person receiving, 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 driving skills lesson is given.
343.71(1m)(b)
(b) A file containing a copy of every agreement required under this paragraph. No driver school or instructor may provide lessons, lectures, tutoring or other services relating to instructions in the operation of motor vehicles unless a written agreement in a form approved by the department has been executed by the school and either the student if the student is at least 18 years of age or, if the student is under 18 years of age, the student's parent or legal guardian. The driver school shall give the student, or the parent or guardian if the student is under 18 years of age, the original agreement and shall retain and preserve a duplicate copy of the agreement.
343.71(2m)
(2m) No licensee may agree to give unlimited driver lessons, nor represent or agree, orally or in writing or as a part of an inducement to sign any agreement, to give instructions until the student obtains an operator's license.
343.71(3m)
(3m) No agreement may 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".
343.71(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".
343.71(5)
(5) The department may not license a driver school unless its approved course of instruction does all of the following:
343.71(5)(a)
(a) Acquaints each student with the hazards posed by farm machinery and animals on highways and provides instruction in safely dealing with such hazards.
343.71(5)(b)
(b) Provides at least 30 minutes of instruction relating to organ and tissue donation and organ and tissue donation procedures.
