Proposed s. Trans 129.10 (5) (b) to (d) codifies requirements that rider coaches who lack a license, whose authorization to teach classes is withdrawn by the Motorcycle Safety Foundation, who fail to comply with training requirements, or who fails a department evaluation may be disqualified from teaching motorcycle instruction courses until they comply with those requirements. Proposed s. Trans 129.10 (6) provides that rider coach licenses run for the same period as curriculum provider authorizations and requires the department evaluate each instructor at least once during each licensing period. Proposed s. Trans 129.10 (7) codifies longstanding practices used by the department to manage the limited number of rider coach training class enrollment positions in department-sponsored training classes. The number of rider coach applicants often exceeds the maximum class size for the department-sponsored training, and the department may limit the number of applicants to be trained to the maximum class size in the rider coach training class. To meet the need for instructors statewide, the department sometimes grants training preference to rider coaches who intend to instruct in parts of the state where more instructors are needed. Applicants who are not sponsored by a school may be excluded from training. Applicants who do not meet background or driver record requirements for rider coach trainers are excluded from training. The department may also conduct interviews to select rider coach applicants who are most likely to succeed as rider coaches. Persons who are not admitted into the department-sponsored rider coach training program may still qualify as rider coaches by attending appropriate motorcycle rider coach training at another site. Section Trans 129.11 addresses course evaluations and rider education facility requirements. This rule proposes to create s. Trans 129.11 (1) (c) to clarify that the evaluation criteria and methodology used to evaluate facilities and instructors are consistent with the standards set by the curriculum provider. Due to the number of rider schools, the time it takes to make all required site visits, and because this program is staffed by a single department employee, this rule allows department-authorized personnel to make the inspections. The rule also states that a person employed by a rider school cannot conduct the inspection of the facilities and instruction at that school or the site used by the school.
The provisions of s. Trans 129.12 (1) and (2) requiring rider education providers to be licensed and setting forth the grounds for withdrawal licenses are moved into the rider school licensing provisions of s. Trans 129.08. Section Trans 129.12 (3), which provides a hearing process for review of department motorcycle program decisions, is amended to provide for review of licensing decisions. Under proposed s. Trans 129.13, motorcycle instruction sites are required to use an online system to file reports with the department. The department has created an online system to make it quicker and easier for teachers to issue skills test waivers, for their students to access results, and to benefit DMV by reducing the number of occasions that drivers cannot be issued the product they seek when arriving at DMV customer service centers. The department’s online systems for reporting are under development. These provisions are drafted in a manner that will accommodate improvements in the online reporting system without the need for additional rulemaking. Section Trans 129.15 is amended to clarify that grants are available to persons teaching the basic course for experienced riders and to eliminate the 3-year permanent address requirement for grant eligibility. The current address requirement needlessly limits the ability of rider education providers to move their facilities as needs change. Finally, s. Trans 129.15 reflects that federal grant programs now require compliance with 2 CFR part 200, which replaced the former OMB Circular No. A87. Section Trans 129.20 is amended consistent with changes made to the Wisconsin Fair Employment Act by 2017 Wis. Act 278, which requires agencies to consider whether people that have committed crimes are rehabilitated and therefore eligible for professional licenses. The background requirement set forth in this this section is made subject to the fair employment act requirements. This rulemaking repeals the automatic indexing of liability insurance requirements set forth in s. Trans 129.21 (1) (b). Those indexing requirements were adopted for consistency with now-repealed s. 344.11 (1), Stats., that was created by 2007 Wis. Act 28, s. 2963r and repealed by 2011 Wis. Act 14, s. 5. The department believes that the minimum liability requirements of s. Trans 129.21 (1) are sufficient and that if the department believes they are insufficient at a later date, it may amend the rule to increase those limits. Section Trans 129.21 (3) is rewritten to more clearly provide how persons may make claims against a motor rider education provider’s bond in the event the provider does not provide training following receipt of the person’s deposit. The rule creates s. Trans 129.23 to require motorcycle instructors to promptly report convictions and activities inconsistent with rider coaching. Previously, the program has had issues because it failed to learn of instructor convictions, and this rule is intended to provide an incentive to rider coaches to self-report any infraction that may jeopardize their motorcycle instructor license. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
There are no federal statutes or regulations that oversees motorcycle instruction. The U.S. Military requires training for all riders who operate motorcycles and refers its members to Motorcycle Safety Federation classes, such as those offered in Wisconsin.
Army Safety Program Regulation 385-10 requires army personnel to successfully complete a Motorcycle Safety Foundation or MSF-based approved motorcycle rider safety course. Commanders are not authorized to waive or defer the training. Anyone who operates a motorcycle on an army installation, to include government-owned motorcycles, must successfully complete a MSF-based rider safety course, or present documentation of previous attendance.
The Army standard motorcycle rider course is an MSF-based Basic RiderCourse. Commanders may offer the experienced rider course in addition to the basic rider course, but not in lieu of the basic rider course.
7. Comparison with Similar Rules in Adjacent States:
Illinois, Minnesota, Michigan, and Iowa all use the Motorcycle Safety Foundation curriculum in their motorcycle instruction programs.
Illinois:
92 Ill. Adm. Code 1030.88: Exemption of Facility Administered Road Test
f) Motorcycle Road Test. The Department shall exempt an applicant for a Class M or Class L driver's license (see Section 1030.30), which allows operation of a motorcycle and/or motor-driven cycle, from a facility-administered road test if the applicant is 18 years of age or older and possesses a valid Illinois driver's license to operate any other classification of motor vehicles and:
1) shows acceptable proof of completion of a motorcycle rider safety training course approved by the Illinois Department of Transportation stating the individual is qualified to operate a motorcycle and/or motor-driven cycle with the cubic centimeter piston displacement that correlates to the classification of driver's license applied for. Successful completion of the motorcycle rider safety training course shall be evidenced by a Student Completion Card issued by the Illinois Department of Transportation not more than one year prior to the date of application; and
2) is an active duty member of the United States Armed Forces and presents a motorcycle rider training/testing course completion card issued by the Motorcycle Safety Foundation, dated not more than one year prior to the date of application, that indicates the applicant is qualified to operate a motorcycle and/or motor-driven cycle with cubic centimeter piston displacement that correlates to the classification of driver's license for which the applicant is applying. The completion card must be accompanied by an Illinois Secretary of State approved verification form completed by the applicant and examiner certified by the Motorcycle Safety Foundation.
92 Ill. Adm. Code 455.40: Incorporations by Reference
a) Incorporations by Reference
The Department incorporates by reference the following:
1) As the curriculum for the beginner courses, the Motorcycle Safety Foundation's RiderCoach Guide (January 2017).
2) As the curriculum for the advanced courses, the Motorcycle Safety Foundation's Advanced Rider Course (ARC) (May 2017).
3) As the curriculum for the Chief Instructor courses, the Motorcycle Safety Foundation's RiderCoach Trainer Guide (January 2016).
b) All the materials incorporated by reference in this Section are incorporated as of the date specified and include no later amendments or editions.
c) Copies of the materials incorporated by reference in this Section are available at the Department, 2300 South Dirksen Parkway, Room 007, Springfield IL 62764 or by calling 217/782-3568. The federal standards are available on the National Archives and Records Administration's website at http://www.ecfr.gov. The state of Illinois describes its program as follows:
Motorcycle Classification
Illinois driver’s licenses are classified according to the type and weight of the vehicles to be driven. There are two classifications for motorcycle licenses:
— Class L: Any motor-driven cycle with less than 150cc displacement.
— Class M: Any motorcycle or motor-driven cycle.
To obtain a motorcycle classification on your [Illinois] driver’s license, you must pass a separate motorcycle examination (see pages 37-43). Drivers ages 16 and 17 also must successfully complete a motorcycle training course approved by the Illinois Department of Transportation (IDOT). They will have a J09 restriction on their license, which indicates that they are allowed to have the “M” classification. Persons age 18 and older who successfully complete an IDOT Motorcycle Rider Education Course are not required to pass a written or driving examination at a Driver Services facility. The IDOT course completion card is valid for one year.
Instruction Permits
Motor-Driven Cycle — Persons ages 16 and 17 who have successfully completed driver education and passed the motorcycle written test may apply for a 24-month [Illinois] instruction permit to operate a motor-driven cycle (under 150cc). The permit allows driving only during daylight hours, under the direct supervision of a licensed motor-driven cycle operator age 21 or older with at least one year of driving experience.
Motorcycle — Persons age 18 or older may apply for a 12-month [Illinois] instruction permit to operate a motorcycle other than a motor-driven cycle. The permit allows driving only during daylight hours, under the direct supervision of a licensed motorcycle operator age 21 or older with at least one year of driving experience. A 24-month instruction permit for a Class M license may be issued to an applicant under age 18 only after successful completion of an approved driver education course and successful completion of an IDOT Motorcycle Rider Education Course.
2022 Illinois Motorcycle Operator Manual, p. 2, available online at:
Minnesota:
Minnesota Rules, part 7410.6420: Third-Party Tester Qualifications
Subp. 4. Motorcycle tester qualifications.
All third-party testers employed by a third-party testing program for a motorcycle endorsement must be currently certified as Motorcycle Safety Foundation instructors. An instructor must meet the certification standards specified for a rider coach in the Motorcycle Safety Foundation Basic Rider Course Curriculum Manual, 2001. The manual is incorporated by reference, is not subject to frequent change, and is available for viewing through the interlibrary loan system. A copy of this manual may be obtained from the Motorcycle Safety Foundation, 2 Jenner Street, Suite 150, Irvine, CA 92618-3806.
Minnesota Rules, part 7410.6380: Test Proof
The third-party testing program shall provide a record of examination, on a format obtained from or approved by the commissioner, to an individual who has passed a road test or skills test for a commercial motor vehicle license or endorsement, or motorcycle endorsement. The record of examination, which must be presented at the time of application for a commercial driver's license or endorsement or for a motorcycle endorsement, must specify that the individual has passed the required test or tests administered by the third-party testing program.
The Minnesota Office of Traffic Safety describes the state’s motorcycle program as follows:
How Do I Earn a Motorcycle License Endorsement in Minnesota?
If You Are 18 or Older
