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(5)(h) (h) For a driver education course providing instruction in the operation of commercial motor vehicles, provides instruction in the recognition and prevention of human trafficking.
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 an authorized 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 authorized 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.
343.73 History History: 1971 c. 278; 1973 c. 218; 2005 a. 397.
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).
343.75 History History: 1977 c. 29 s. 1654 (7) (e); 1977 c. 196 s. 131; 1977 c. 273; 1981 c. 390 s. 252.
2019-20 Wisconsin Statutes updated through 2021 Wis. Act 237 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 28, 2022. Published and certified under s. 35.18. Changes effective after April 28, 2022, are designated by NOTES. (Published 4-28-22)