Trans 102.23 Military, firefighting, farmer and emergency government CDL exemptions. Trans 102.24 Investigation and department review. Trans 102.01(1)(1) As authorized by ss. 85.16 (1), 110.06, 227.11, 343.05, 343.06, 343.14, 343.15, 343.17 and 343.20, Stats., the purpose of this chapter is to administratively interpret ss. 341.08 (2) (a) and (am), 342.06 (1) (a), 343.02, 343.03, 343.05, 343.06, 343.07, 343.08, 343.10, 343.11, 343.12, 343.135, 343.14, 343.16, 343.17, 343.18, 343.19, 343.20, 343.21, 343.22, 343.25, 343.265 and 343.50, Stats., relating to issuance of operator’s licenses, identification cards, and vehicle title and registration. Trans 102.01(2)(2) This chapter pertains to any person applying for a Wisconsin original, reissue, reinstatement, renewal, or duplicate operator’s license or identification card, and vehicle title or registration. Trans 102.01 NoteNote: Forms used in administering this rule are MV3004 identification card application, MV3001 license application, MV3006 renewal license notice, and MV3007 identification card renewal notice, MV3415 religious conviction exemption request, MV3002 certification of name and date of birth, MV3125 additional information for operator license application, MV3452 foreign language document translation certification, MV3432 receipt and MV3501 temporary operator’s license, MV3682 Wisconsin DMV digitized driver license and identification signature card, MV 3686 driver license extension card/sticker, MV 3685 Wisconsin driver license extension application, MV 3687 driver license extension application return envelope, and MV 3278 driver license renewal window envelope.
Trans 102.01 HistoryHistory: Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. Register, January, 1984, No. 337, eff. 2-1-84; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; am. Register, December, 1990, No. 420, eff. 1-1-91; am. (1), Register, November, 1994, No. 467, eff. 12-1-94; CR 02-131: am. Register April 2003 No. 568, eff. 5-1-03. Trans 102.02Trans 102.02 Definitions. The words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter: Trans 102.02(1)(1) “Administrator” means the administrator of the division of motor vehicles of the department. Trans 102.02(2)(2) “AKA record” means an entry on a driver file which shows that the person currently uses or previously used an alias or a fictitious name. A person with a former name entry, resulting from a lawful change of name, does not have an AKA record. Trans 102.02(3)(3) “Backup system” is the system used by the department to produce an acceptable operator’s license or identification card when the computerized processing system is inoperative. Trans 102.02(4g)(4g) “Driver file” means a person’s driving record as kept by the department containing the driver record and maintained in accordance with s. 343.23, Stats., or the substantially identical record maintained for each person holding an identification card. An “existing driver file” is a driver file that has not been purged. Trans 102.02(4m)(4m) “DMV customer service center” means those locations within the state authorized by the department to provide driver licensing services, vehicle registration services, or both. Trans 102.02(4p)(4p) “Duplicate” means a product issued by the department to replace a previously issued product and that expires on the same date as the previously issued product. If the product is an operator’s license, it shall not be considered a duplicate if any vehicle class or endorsement on the issued operator’s license differs from those appearing on the previously issued operator’s license. Trans 102.02(4s)(4s) “Extension card” means a document issued by the department that extends an operator’s license beyond the expiration date stated on the license. Trans 102.02(5)(5) “Issuance period” means the period of time for which an operator’s license or identification card is issued. Trans 102.02(6)(6) “Material change” means any change to a person’s information, other than a change of address to a person’s principal residence, that can be used to distinguish a person’s identity, alone, or when combined with other identifying information, including: Trans 102.02(6r)(a)(a) In the case of an individual, the entire first name, middle name, and last name as they appear on identity documents provided by a product applicant. “Name” includes generational suffixes, but does not include other name suffixes, nicknames, titles of respect, or additional information of any type. Trans 102.02(6r)(b)(b) In the case of any entity other than an individual, the entire name of the entity. Trans 102.02(7)(7) “Original” when used to describe a license or identification card means the first Wisconsin license or identification card of that type issued to a person. The term also includes: Trans 102.02(7)(a)(a) A product issued to a person who previously held a license or identification card but who does not have an existing driver file; or Trans 102.02(7)(b)(b) A product issued to a person whose license or identification card has been canceled or revoked. Trans 102.02(7m)(7m) “Photograph” or “photo” means an image created by use of a photographic or digital camera process. Trans 102.02(7p)(7p) “Product” means an identification card or receipt; or an operator’s license, including a driving receipt, instruction permit, occupational license, a license extended by an extension card, or other authorization to operate a motor vehicle, issued by the department. “Product” does not include an extension card. Trans 102.02(7r)(7r) “REAL ID compliant product” means a product that meets the requirements of the federal REAL ID Act of 2005, as amended, and that is issued in compliance with all federal regulations and requirements. Trans 102.02(7v)(7v) “REAL ID noncompliant product” means a product that is not a REAL ID compliant product. Trans 102.02(8)(a)(a) The process of issuing an operator’s license to a person following a withdrawal of the person’s operating privilege or operator’s license by cancellation, suspension, revocation, or disqualification. Trans 102.02(8)(b)(b) The process of issuing an identification card to a person who previously had an identification card canceled. Trans 102.02(9)(9) “Reissue” means the process of issuing a license or identification card because of any of the following: Trans 102.02(9)(b)(b) Department errors or defects in the license such as an unrecognizable photograph. Trans 102.02 NoteNote: Refer to s. 343.21 (1) (h), Stats., regarding fees for changes in commercial driver license restrictions. Trans 102.02(10g)(10g) “Resident” means an adult whose one home and customary and principal residence in the United States, to which the person has the intention of returning whenever they are absent, is in this state. “Resident” includes a child under 18 years of age if the child meets the requirements for resident status set forth in s. 343.01 (2) (g), Stats. Trans 102.02(10r)(10r) “Social security number” means the complete social security number assigned to a person by the U.S. social security administration. “Social security number” does not include a partial social security number. Trans 102.02(11)(11) “Verify” means department procedure to ensure that a document submitted in support of an application for a product is genuine and has not been altered in order to determine that any identity data contained in the document is valid and relates to the product applicant. “Verify” includes checking the validity of data contained in documents presented in support of an application for a product. Trans 102.02 HistoryHistory: Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. Register, January, 1984, No. 337, eff. 2-1-84; am. intro. and (3), r. (7) to (10), renum. (1) and (2) to be (2) and (10) and am., cr. (1), (4g), (4p), (5m), (6m), (6n), (7) to (9), Register, December, 1990, No. 420, eff. 1-1-91; r. (6), renum. (6m) to be (6), am. (9) (intro.), (a) and (b), Register, December, 1999, No. 528, eff. 1-1-00; CR 02-131: cr. (6r) Register April 2003 No. 568, eff. 5-1-03; CR 04-100: cr. (7m) Register June 2005 No. 594, eff. 7-1-05; CR 23-042: r. (4), am. (4p), cr. (4s), r. and recr. (6), renum. (6n) to (4m) and am., am. (6r) (a), (7) (a), (b), (7m), cr. (7p), (7r), (7v), renum. (8) to (8) (intro.) and am., r. (10), cr. (10g), (10r), (11) Register April 2025 No. 832, eff. 5-1-25. Trans 102.025Trans 102.025 Document condition, authenticity, and verification. Trans 102.025(1)(1) General document conditions. All documents offered by persons applying for licenses or identification cards issued by the department shall be original documents, unless otherwise expressly allowed. Certified copies of government documents shall bear an original certification and the seal of the appropriate agency, or otherwise exhibit evidence to the satisfaction of the department that the document is an authentic, accurate and unaltered copy of the original government document. Mutilated, altered or uncertified photocopies of documents are not acceptable. Trans 102.025(1e)(1e) Valid and unexpired documents. All documents required to be produced under this chapter must be valid and unexpired, unless exempted by another provision in this chapter. Trans 102.025(1m)(1m) REAL ID compliant attestation required. The application for a Real ID compliant product shall contain the following attestation by the product applicant: “I declare under penalty of perjury that information on this application is true and correct and that I am a resident of Wisconsin.” An application may not be accepted by the department which lacks the affirmation, the signature of the applicant, or the date the applicant signed the application. Trans 102.025 NoteNote: Product applications, Form MV3001, 3001s, 3004 and 3004s, contain this affirmation.
Trans 102.025(1s)(a)(a) The department shall verify the applicant’s social security number and the minimum number of documents needed for issuance of any product under s. Trans 102.15. Trans 102.025(1s)(b)(b) The department shall verify the social security number and documents presented in support of a REAL ID compliant product application in a manner required by 6 CFR 37.13. Trans 102.025(1s)(c)(c) The department may refuse to issue a product to an applicant if a social security number or any document presented in support of an application for a product cannot be verified. Trans 102.025(2)(2) Suspect document. The department may decline to accept any document presented as part of an application for an operator’s license, identification card, vehicle title, or vehicle registration if it has any reason to doubt the authenticity of the document, the identity of the person named in the document, the identity of the applicant, that the residency information provided by the applicant is inaccurate, or for any of the reasons specified in sub. (3). In such case, the department may retain the document and investigate its authenticity, provide the document to local, state, or federal authorities, require additional documentation from the applicant to establish the fact that the document was offered to prove, or any combination of these actions. Documents determined to be genuine and to identify the applicant who presented them shall be returned to the applicant, except as provided in sub. (3). A document may be retained for investigation and be considered unacceptable if any of the following apply: Trans 102.025(2)(a)(a) The document includes a photograph and the applicant presenting the document is not readily recognizable from the photograph. Trans 102.025(2)(b)(b) The document includes a photograph that matches or resembles a photograph in the department’s records, or another database or system the department uses for identity verification, that is assigned to another person. Trans 102.025(2)(c)(c) Any facts lead the department to question the authenticity of the document or accuracy of the data in the document. Trans 102.025(3)(a)(a) Employees or agents of the department may take possession and investigate the authenticity of any document submitted as proof of the applicant’s name and date of birth, identity, residency, or any other fact sought to be proven to the department and may provide those documents to local, state, or federal authorities in any of the following circumstances: Trans 102.025(3)(a)2.2. The applicant presents documents related to another individual under the guise that the applicant is the other individual. Trans 102.025(3)(a)5.5. Law enforcement has requested the department confiscate documents presented by a specific person. Trans 102.025(3)(a)6.6. Signatures, photographs, or other identifiers on the document appear to not match one or more other signatures, photographs, or other identifiers of the applicant known to the department. Trans 102.025(3)(b)(b) In the event the department confiscates a document and determines that it is genuine and relates to the person who presented it, the department shall return the document to the person, unless the department has provided it to other local, state or federal authorities. Trans 102.025 NoteNote: Section 343.14 (5), Stats., makes it a crime to present false information in connection with an application for a driver license or ID card. Trans 102.025 HistoryHistory: CR 04-100: cr., renum. (1) from Trans 102.15 (7) and am. Register June 2005 No. 594, eff. 7-1-05; CR 23-042: am. (title), cr. (1e), (1m), (1s), renum. (2) to (2) (intro.) and am., cr. (2) (a) to (c), am. (3) (a) (intro.), cr. (3) (a) 6. Register April 2025 No. 832, eff. 5-1-25. Trans 102.03(1)(1) Except as provided in this section, the department may not issue an operator’s license or identification card unless the applicant appears in person at a DMV customer service center and is photographed. An applicant whose seriously held religious convictions do not allow the applicant to be photographed may qualify for an exemption to this subsection by completing, signing, and dating a statement on a form provided by the department, certifying that the applicant objects to being photographed due to a sincerely held religious conviction. Trans 102.03(2)(a)(a) Full facial image required. All photographs for products issued under this chapter shall include a full facial image of the applicant. The photograph shall show the entire face from the crown of the head to the base of the chin and from ear to ear. Photographs not meeting the requirements of this section may not be used on a product. The department may cancel a product if the department has reason to believe the product was erroneously issued with a photograph taken that does not meet the requirements of this paragraph. The department shall assess the fee for obtaining a duplicate license for any applicant whose photograph must be retaken because of an intentional violation of the requirements of this subsection. Trans 102.03(2)(b)1.1. Head coverings may not be worn in a photograph except as provided in subds. 2. and 3. If a head covering is worn by the applicant pursuant to subd. 2. or 3., the covering shall be pushed from the forehead and sides until a full facial image is shown as required by par. (a). Trans 102.03(2)(b)2.2. An applicant who has sincerely held religious convictions that require the applicant to wear a head covering for any photograph may wear the head covering in a photograph for products issued under this chapter. Trans 102.03(2)(b)3.3. An applicant suffering from a medical condition or treatment that results in hair loss may be permitted to wear a scarf or hat in a photograph for products issued under this chapter. Trans 102.03(2)(c)(c) Hair. Hair, whether natural or artificial, shall be pushed back from the face for the photograph until a full facial image is shown as required by par. (a). Trans 102.03(2)(d)(d) Obstructions. Nothing shall obscure the applicant’s face, head, iris, or pupils. Trans 102.03(2)(e)(e) Shadows. Nothing shall be permitted which results in a shadow upon the face in a photograph. Lighting shall be evenly distributed on the face. Trans 102.03(2)(f)1.1. The iris and pupil of the eye shall be clearly visible. The applicant may choose whether the photograph be taken with or without vision correcting glasses. Sunglasses may not be worn except as provided in subd. 2. Light sensitive glasses that do not adjust sufficiently to clearly show the applicant’s eyes and eye color shall be removed. Trans 102.03(2)(f)2.2. An applicant suffering from a medical condition, physical disability, or disfigurement affecting the applicant’s eyes, and who usually wear eyeglasses to obscure their eyes for cosmetic reasons, may be permitted to obscure their eyes with sunglasses or an eye patch. Trans 102.03(2)(g)(g) Clothing. Except as permitted in par. (f) 1., any clothing or device obscuring any part of an applicant’s face shall be removed. Trans 102.03(2)(h)(h) Appliances. Any appliance or prosthesis normally used by an applicant with a permanent facial or dental disfigurement may be worn for the photograph and shall be included in the full facial image. Trans 102.03(2)(i)(i) Expression. The applicant shall look into the camera with both eyes open and a relaxed facial expression. Trans 102.03(3)(3) Except as provided in this subsection, product photographs must have been taken within 8 years of the date of product issuance.
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