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;
2015 a. 70.
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. For purposes of this paragraph and
par. (c), classroom instruction includes instruction provided by means of the Internet if the driver school provides instruction by means of the Internet.
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.
343.71(5)(c)
(c) Provides at least 30 minutes of instruction on motorcycle awareness, as approved by a recognized motorcycle safety and awareness organization, and pedestrian and bicycle awareness, as approved by a recognized pedestrian and bicycle safety and awareness organization.
343.71(5)(d)
(d) Includes instruction relating to passing stopped emergency vehicles, tow trucks, and highway machinery equipment.
343.71(5)(e)
(e) Acquaints each student with the hazards posed by railroad highway grade crossings and provides at least 30 minutes of instruction in safely dealing with these hazards.
343.71(5)(f)
(f) Acquaints each student with the hazards posed by composing or sending electronic text messages or electronic mail messages while driving and with the provisions of
s. 346.89 (3).
343.71(5)(g)
(g) Acquaints each student with the hazards posed by motor vehicles to vulnerable highway users and provides at least 30 minutes of instruction in safely dealing with these hazards.
343.71(6)
(6) A driver school shall notify the department of the name and address of each person who is under the age of 18 years at the commencement of a course in driver training and who fails to satisfactorily complete the course.
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 experience operating a motor vehicle.
343.72(5m)
(5m) No driver school may represent that completion of a course of instruction will guarantee that the student will pass the driving skills test administered by the department or by a 3rd-party tester under
s. 343.16 (1) (bm). A driver school may only represent by means of a certificate of completion that the student has satisfactorily completed the required course.
343.72(6)
(6) All licensees must ascertain from the department the routes in the licensee's locale on which road tests are given by state license examiners and by authorized examiners of 3rd-party testers under
s. 343.16 (1) (bm). No licensee may instruct on these routes, except that driver schools may operate on these routes if comparable training location opportunities are not otherwise available in the locale.
343.72(7)
(7) Licensees may not publish, advertise, or create the impression that a license is guaranteed or assured. The display of a sign such as “License Secured Here" is forbidden.
343.72(10)
(10) All driver training cars used by the school must be identified by a sign visible to other vehicles from behind stating that the vehicle is a driver school vehicle.
343.72(11)
(11) All driver training vehicles must be registered with the department with a brief description of each, including the make, model, and registration number, and shall be kept in safe working condition, as established by the department by rule. The department may promulgate rules authorizing the department to place any driver training vehicle out of service for a vehicle equipment violation or for failure to file with the department proof of insurance for the vehicle.
343.72(12)
(12) All driver training vehicles shall be equipped with dual controls so that the instructor can stop the vehicle promptly. The department may inspect these vehicles at its discretion. After initial inspection of any driver training vehicle by the department, a driver school may, as provided by rule, certify to the department the condition of any driver training vehicle of a model year not more than 3 years old.
343.73
343.73
Penalty. Any person who violates
ss. 343.60 to
343.72 may be required to forfeit not less than $100 nor more than $200 for each offense.
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).
