Trans 107.03 HistoryHistory: Cr. Register, November, 1982, No. 323, eff. 12-1-82; renum. (1) to be (intro.), (1) (a) to (i) to be (1) to (9) and am. (4), Register, March, 1984, No. 339, eff. 4-1-84; am. (7), Register, September, 1986, No. 369, eff. 10-1-86; emerg. cr. (10), eff. 4-24-87; am. (6), cr. (10), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) made under s. 13.93 (2m) (b) 7. Stats., Register, May, 1988, No. 389; am. (2) and (10), renum. (7) and (8) to be (9) and (11) and am. (11), cr. (7) and (8), r. (9), Register, June 1993, No. 450, eff. 7-1-93; r. (4), renum. (5) to (11) to be (4) to (10), Register, September, 1996, No. 489, eff. 10-1-96.
Trans 107.04Trans 107.04Information to be considered in licensing actions.
Trans 107.04(1)(1)The following information shall be considered in taking administrative licensing action under s. 343.06 (1) (d), 343.16 (5) or (6), or 343.25 (7), Stats.:
Trans 107.04(1)(a)(a) Medical reports, assessment reports, driver safety plans, driver safety plan final reports, or a combination thereof, with information on:
Trans 107.04(1)(a)1.1. Hospitalization for chemical abuse or dependency.
Trans 107.04(1)(a)2.2. Outpatient or other treatment for chemical abuse or dependency.
Trans 107.04(1)(a)3.3. Participation in self-help groups for chemical abuse or dependency.
Trans 107.04(1)(a)4.4. Use of control agents, such as antabuse or methadone.
Trans 107.04(1)(a)5.5. Physician treatment for chemical abuse or dependency.
Trans 107.04(1)(b)(b) Driving records, including reports of:
Trans 107.04(1)(b)1.1. Accidents involving chemical use.
Trans 107.04(1)(b)2.2. Traffic convictions involving chemical use.
Trans 107.04(1)(b)3.3. Arrests for chemically related violations, for example, pending charges for OWI. Once the charge has been disposed of by a court, for example, convicted, dismissed, amended or withdrawn, the arrest information will no longer be considered in taking licensing action under s. Trans 107.08 (1) (b), (c), (d), (e), (f) and (hm).
Trans 107.04(1)(b)4.4. Chemically related charges dismissed, vacated, appealed, reduced or amended to lesser charges when the department has information, such as a medical or assessment report, on file.
Trans 107.04(1)(c)(c) Review board recommendations, if any.
Trans 107.04(1)(d)(d) Information from other sources about a person’s physical and mental health, as affected by chemical use, and other medical problems which might interfere with reasonable and ordinary control over a motor vehicle.
Trans 107.04(2)(2)Some or all of the information described in sub. (1) shall be included in medical, assessment, driver safety plan, final report, or combination of, reports required under this chapter.
Trans 107.04(3)(3)Persons may be required to furnish additional medical or assessment reports, or combination of, if the department determines that the information available is not adequate to make a licensing decision.
Trans 107.04(4)(4)Persons may be referred for assessment as described in s. Trans 107.06.
Trans 107.04 HistoryHistory: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1) (b) (intro.) and (3), Register, March, 1984, No. 339, eff. 4-1-84; am. (1) (a) (intro.), (b) (intro.), (c) (intro.) and 4., Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (intro.), (a) (intro.), 2. and (c) (3)., Register, June, 1993, No. 450, eff. 7-1-93; r. (1) (b), renum. (1) (c) to (e) to be (1) (b) to (d), Register, September, 1996, No. 489, eff. 10-1-96.
Trans 107.05Trans 107.05Medical reports.
Trans 107.05(1)(1)All physician medical reports under s. 343.16 (5), Stats., shall be based on an examination by a physician within the previous 3 months.
Trans 107.05 NoteNote: Form MV3644 may be obtained upon request from the Division of Motor Vehicles, Bureau of Driver Services, P. O. Box 7918, Madison, Wisconsin 53707-7918, telephone (608) 266-2233.
Trans 107.05(2)(2)Medical reports under s. 343.16 (5), Stats., shall be submitted within 30 days from license application, or department request, unless an extension has been granted by the department.
Trans 107.05(3)(3)Failure to submit the medical examination report as required under s. 343.16 (5), Stats., and this chapter shall result in cancellation or denial of all operating privileges, in accordance with ss. 343.25 (7) and 343.06 (1) (d), Stats.
Trans 107.05 HistoryHistory: Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. (1), renum. (2) to (4) to be (1) to (3), Register, January, 1991, No. 421, eff. 2-1-91; am. Register, June, 1993, No. 450, eff. 7-1-93.
Trans 107.06Trans 107.06Assessment referral. A person shall be referred for assessment when:
Trans 107.06(1)(1)The person is identified by a source described in s. Trans 107.03 as possibly having a chemical abuse or dependency problem, unless the person is in treatment, does not require treatment, or has completed treatment since the identification.
Trans 107.06(2)(2)The department has information that a person has had 2 OWI arrests within 12 months.