This rulemaking is intended to update ch. Trans 129 to reduce the complexity of the program by eliminating separate authorizations for skills test waiver and demerit point reduction programs, and to consolidate all requirements into a single license. The proposed rule would retain the criminal background check requirements for instructors, bring the rule into conformance with the controlling statutory requirements, and reflect changes in curriculum and practices recommended by the Motorcycle Safety Foundation. The Motorcycle Safety Foundation is a nationally recognized, not-for-profit organization that is sponsored by various motorcycle manufacturers and distributors. It produces a widely-used series of courses in motorcycle safety and operation. It currently provides the materials and curriculum taught at motorcycle rider schools in this state.
The foundation’s rider training curricula is used in many states and by the U.S. military to instruct novice and experienced riders. The curricula are based on in-depth research into adult learning and the specific motor and attention skills needed for successful motorcycle operation. Information about the foundation’s research may be accessed at https://www.msf-usa.org/research.aspx#/ home. The foundation fosters a "ride safe" attitude that promotes lifelong learning for motorcyclists. The foundation does not advertise or direct participants to its sponsors in its materials or curricula. Its courses do, however, promote rider use of motorcycle safety equipment such as helmets and abrasion resistant clothing.
The department has used the Motorcycle Safety Foundation’s curricula and practices as the basis for its rider education programs since the early 1980s. The fundamental courses for the program are the basic rider course and basic course for experienced riders, which teach riders basic operational skills. The courses’ curriculum is fairly rigid in requiring certain skills be taught in a specific order with mandatory rest periods in order to provide optimal conditions for adults to learn the complex physical tasks of shifting and driving a motorcycle. The classroom portion of the basic rider courses is comprised of an online “e-course” provided by the Motorcycle Safety Foundation that students should take before beginning range or classroom instruction, and a classroom portion that expands on that learning and includes instructional information that is statutorily mandated as part of the instruction.
2005 Wisconsin Act 397 amended ch. 343, subch. VI, Stats., to exclude motorcycle rider courses and persons teaching those courses from the commercial driving school requirements set forth in that subchapter. This rulemaking updates outdated references to the licensing requirements and refers to the replacement licensing scheme, set forth in s. Trans 129.19, created in January 2008 (CR 07-084). That same rulemaking created s. Trans 129.20, which excludes persons convicted of certain criminal offenses from teaching a rider course. The list of criminal offenses in existing Trans 129.20 is virtually identical to the list of offenses that disqualify teachers from commercial driving schools under s. Trans 105.035. Although disqualifying motorcycle instructors with problematic criminal histories is not statutorily mandated under s. 343.66 (1) (b), Stats., the department proposes in this rulemaking to retain the background check requirement as part of its motorcycle instruction licensing program to provide similar safety assurances to motorcycle instruction students as other driver training school students. Throughout this rule, the term “Type 1 motorcycle” is replaced with “motorcycle,” consistent with changes to the motor vehicle code made by 2019 Wisconsin Act 50 that eliminated the use of the term. This rulemaking proposes to rewrite s. Trans 129.01 (2) to clarify that this rule sets standards for motorcycle rider education providers and coaches. Section Trans 129.01 (5) is created to clarify that the rule sets standards for demerit point reduction under s. 343.32 (4), Stats. That statute and s. Trans 101.07 (1) (d) provide that the department may reduce demerit points accumulated by a driver from motorcycle traffic offenses if the person attends a rider course approved by the department. This rulemaking proposes to allow the point reduction for attending the basic rider course or the basic course for experienced riders. It does not propose to allow demerit point reduction for other Motorcycle Safety Foundation approved courses such as the Basic Bike Bonding or Ultimate Bike Bonding rider courses because those course curricula lack the depth of safety-related instruction that is part of the basic rider course. The proposed rule repeals and recreates s. Trans 129.02. The course referred to as the “experienced rider course” in existing s. Trans 129.02 (2) (c) is renamed the “basic course for experienced riders” to better describe the nature of the course and clarifies that it is a course that may qualify a rider for a skills test waiver. This section is not substantially changed. The course essentially covers the same content as a basic rider course and requires completion of a similar online class. This course, however, spends less time on elementary rider instruction such as shifting, because it is designed for participants who come to class with sufficient operational skills to maneuver a motorcycle. For example, a person who races dirt bikes as a hobby, and then wishes to be licensed for on-road operation of a motorcycle, will not need the very basic “how-to-shift” instruction that is part of the basic rider course. Nonetheless, that rider will need the same safety instruction as any other rider who is new to on-highway riding. More information about the basic rider course (“BRC”) and basic course for experienced riders (“BRC2”) may be found online at the Motorcycle Safety Foundation’s web page at https://www.msf-usa.org/students.aspx. This rulemaking repeals and recreates s. Trans 129.03 (1) (a) to eliminate the requirement that a rider hold a motorcycle instruction permit as a condition of receiving a waiver. For the waiver, motorcyclists are still required to pass the DMV knowledge test for motorcyclists, which precedes issues of an instruction permit. But, in as much as basic rider courses are taught on closed ranges where a driver license is not required to operate the vehicle, the department sees no reason to require a driver to pay the fees to renew or obtain a motorcycle instruction permit once the person has completed the required DMV knowledge testing and a basic rider course. The change to s. Trans 129.03 (1) (a) will permit DMV to add the motorcycle class to the driver’s regular license without having to issue an instruction permit, which will reduce costs to the driver and reduce work for DMV. Section Trans 129.03 (1) (b) is rewritten to clarify that completion of either a basic rider course or basic course for experienced riders will qualify a rider for a skills test waiver. The changes also authorize the department to establish systems for electronic reporting of demerit point reduction applications and skills test waivers. Proposed amendment to s. Trans 129.07 (2) (a) and creation of s. Trans 129.08 (3) propose similar amendments related to potential electronic reporting in the future. Section Trans 129.03 (1) (b) also restricts the “Class M” operating privilege of a person who completes a motorcycle instruction course skills test on a 3-wheel vehicle to operating 3-wheeled vehicles. The restriction can be removed by retaking and passing the test on a 2-wheeled motorcycle. The nature and skills required for 3-wheeled operation differ so substantially from those needed for 2-wheel operation that the motorcycle instruction community recommended that the restriction be imposed absent a demonstration of capability driving a 2-wheel motorcycle. Section Trans 129.03 (2) is amended to allow a person who has failed a DMV skills test to qualify for a skills test waiver if they successfully complete a basic rider or experienced rider course following their DMV skills test failure. The department believes persons who fail a DMV skills test, regardless of their training level before that failure, should be encouraged to develop their skills through one of these courses. Section Trans 129.04 is rewritten for readability and does not substantively change the rule. The rule exempts persons licensed to operate motorcycles in other jurisdictions who move to Wisconsin, persons living more than 50 miles from a rider education facility, and persons seeking only restricted or special restricted licenses from the provisions of ss. 343.06 (1) (c), 343.07 (4) (b), or 343.16 (1) (a) 3., Stats., that require some riders to attend a basic rider course. Changes to s. Trans 129.05 (2) clarifies that the basic course for experienced riders can qualify a rider under age 18 for a motorcycle instruction permit. Section 343.06 (1) (c), Stats., requires drivers under age 18 to complete a motorcycle rider course as a precondition of receiving “Class M” (motorcycle) driving privileges. Students in the basic course for experienced riders class are required to prove their capabilities prior to on-course instruction under s. Trans 129.09 (2) (f). They are also tested on their skills at the end of the program. Sections Trans 129.07 (2) (a) is amended, and s. Trans 129.13 (4) is created to clarify that rider coaches may issue skills test waiver authorizations only to students who complete a course they taught, and that if a teacher is unavailable to issue or reissue an authorization, another authorized official at the school may perform that function. Under s. Trans 129.07 (2) (a), riders who take out-of-state classes do not need to obtain skills test waiver forms from a Wisconsin rider coach. Instead, they must submit proof of course completion in the other state to DMV when seeking to add “Class M” privileges on their license. Section Trans 129.08 (2) (d) is recreated, and s. Trans 129.13 is created to change the frequency and timing of instructors and rider schools reporting course completion to the department. The existing rule requires year-end reporting, which has proved problematic for a number of reasons. First, the department has often struggled to get annual reports from schools or instructors who are not organized record keepers. Second, the year-end reports do not assist the department in determining course demand and instruction needs during the riding season. Proposed s. Trans 129.13 requires regular reporting of students class completion, which should provide data to the department for that purpose. Regular reporting will assist the department in making program decisions, such as safety programming and grant decisions, based on data received from schools. The department believes the change may also improve the accuracy and reliability of the data received from instructors and schools, as well as improve overall compliance with the reporting requirement. Student completion data is also useful for quality assurance and to detect potential discriminatory practices. The rulemaking proposes to create s. Trans 129.08 (1) (e) to clarify that only persons who are both licensed and have authorization or certification from the curriculum provider may provide classroom or range instruction. This is a requirement for use of the Motorcycle Safety Foundation curriculum and has been department practice for decades. The department proposes to recreate ss. Trans 129.08 (3) and 129.10 (5) (c) to sync instructor and school licensing with the Motorcycle Safety Foundation’s authorization periods. The department believes that if these various authorizations are renewed at the same time, the administrative bureaucracy for instructors and schools will be greatly reduced. Because the Motorcycle Safety Foundation program is national, the department proposes to sync state timing to the foundation’s renewal schedule, which is currently based on the 2-year anniversary of a rider coach receives initial authorization to teach classes from the foundation. The department intends to begin the new timing scheme as soon as practical after adoption of the proposed rule, and to complete the transition within 3 years after beginning the transition. Section Trans 129.09 reflects the requirement for basic rider courses to adhere to the Motorcycle Safety Foundation curriculum. The requirement that riders complete the online course as part of the class is incorporated into the course requirements. The “50% of course is range instruction” requirement is repealed in favor of a more flexible requirement that the entire curriculum of range instruction be taught. Under the existing rule, in order to comply with the 50% requirement, instructors technically must cease providing classroom instruction if it will exceed the time taken for range instruction, which is impractical and is therefore being removed from the rule. The department does not want to discourage instructors from providing additional classroom discussion or training when circumstances warrant it. This rulemaking proposes to amend s. Trans 129.09 (1) (d) 3. to clarify that shifting is a skill that must be taught only when instructing students riding vehicles equipped with manual transmissions. The physical skill of shifting is not taught to a student taking a basic rider course on a vehicle equipped with an automatic transmission, such as a scooter. Online and rider coach-provided range instruction discuss the mechanics of shifting, but practical training can only occur on standard transmission-equipped vehicles. Section Trans 129.09 (2) amends the range and classroom requirements applicable to the basic course for experienced riders. As with the basic rider course, the “50% requirement” is removed from the rule to dedicate sufficient time to range training so students may develop skills in accordance with curriculum requirements. That may be less range time than the basic rider course because participants in this class already know the basics of handling a motorcycle. Section Trans 129.09 (2) (f) codifies the initial evaluation exercise of the basic course for experience riders, which determines whether the participants have existing knowledge of motorcycle operation sufficient for them to safely participate in the range portion of the course. Students who lack the needed skills are not permitted to continue and are counselled to take the basic rider course, which teaches those skills, instead. Course size restrictions and the requirement to complete knowledge and skills testing for the basic rider course and the basic course for experienced rider are moved to s. Trans 129.09 (3) and (6) by renumbering and amending existing s. Trans 129.09 (1) (f), repealing existing s. Trans 129.09 (1) (g), (2) (f), and (g), and creating s. Trans 129.09 (6) (intro.). Like the current rule, proposed s. Trans 129.09 (3) retains the requirement that class sizes are restricted to 12 students on the range and 24 in the classroom. Section Trans 129.09 (6) (intro.) requires all students be afforded the opportunity to participate in knowledge and skills testing as part of a course. Parts (6) (a) and (b) provide that passing the knowledge test alone is sufficient to qualify a rider for a demerit point reduction, and that passing both tests is required for a skills test waiver. Section Trans 129.09 (5) is amended to reflect the process used when riders are unable to complete initial instruction on shifting or basic motorcycle control sufficient for them to safely participate in more advanced range exercises. Occasionally, there are students who are simply unable to pick up the skills at their initial training session and who need to retake the class or practice on their own before retaking the class. This rule clarifies that the instructor has authority to counsel such a driver to not participate further in a class and that such an action does not preclude the rider from retaking the class at another time. The classroom requirements for both the basic rider course and the basic course for experienced riders are consolidated in s. Trans 129.09 (4). The proposed rule allows for the use of the online e-course and describes the content of the classroom portion. The required Wisconsin-specific curriculum currently includes discussion of alcohol and drug impairment and the importance of driving unimpaired; Wisconsin law on children as passengers; traffic actuated signals and licensing requirements; farm machinery and animals in the roadway; emergency vehicle interaction; and the state organ donor program. Proposed changes to s. Trans 129.10 largely reflect current program practices with regard to instructor requirements. The department-approved course has been the Motorcycle Safety Foundation RiderCoach Preparation Course. Section Trans 129.10 (2) (b) codifies a requirement that persons who undergo out-of-state rider coach training submit proof of their completion of the significant pre-course work that is required as a condition of taking the course. The training provides the background information necessary to understand the reasoning and methodology used in the mandated curriculum. Coach trainees who lack that training can complete it as part of the out-of-state rider coach orientation class. The rule amends s. Trans 129.10 (2) (c) to establish a minimum instruction requirement of 2 courses per year with the new 2-year licensing scheme. Current law requires instructors teach one course per year. The department believes that requiring 2 courses be taught per year will help instructors better retain their skills. Moreover, the department would prefer to direct its limited instructor trainer resources to persons who provide more instruction than a single class per year. Changes to s. Trans 129.10 (2) (d) codifies the Motorcycle Safety Foundation’s recommendation that rider coaches complete at least 6 hours of professional development activities during each year of an authorization period. Section Trans 129.10 (2) (e) to (g) clarifies that rider coaches need to meet both state licensing requirements and curriculum provider accreditation to serve as a rider coach. This rulemaking amends s. Trans 129.10 (3) (a) to provide for suspension of a motorcycle instructor license if the rider accumulates 6 or more demerit points for offenses committed during a one-year period. This reduces the number of demerit points that will trigger licensing action from 7 to 6 points. DMV does not assess demerit points for out-of-state offenses, so the serious traffic violations that result in assessment of 6 points if committed in this state are listed as bases for suspension of motorcycle instructor licenses in proposed s. Trans 129.10 (3) (am). Proposed s. Trans 129.10 (5) (a) provides that the department may suspend a motorcycle instructor’s license if the instructor fails to meet the training and background requirements of s. Trans 129.10 (2), (3), and (4). 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.
