Chapter Trans 102

Trans 102.23   Military, firefighting, farmer and emergency government CDL exemptions.

Trans 102.01 Trans 102.01 Purpose and scope.

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 Note Note: 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 History History: 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 102.02 Trans 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(4) (4) “Centrally issued,” when used with a reference to an operator’s license or identification card, means those finished licenses or identification cards that are mailed from the central office in Madison.

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(4p) (4p) “Duplicate” means a license or identification card issued for a fee to replace one which has been lost, damaged or destroyed, or to replace one which is no longer accurate because of a change of the licensed person’s operating authority, name or address, or at the person’s request to have a photograph retaken.

Trans 102.02 Note Note: See ss. Trans 102.09 (3) and 102.03 (2), and s. 343.265 (2), Stats.

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(5m) (5m) “Juvenile restricted license” means a license issued pursuant to s. 343.08, Stats.

Trans 102.02(6) (6) “License examiner” or “examiner” means an employee or agent of the department duly authorized by the administrator to process operator’s license applications and other duties, regardless of the agent or employee’s job title.

Trans 102.02(6n) (6n) “Motor vehicle services center” means those locations within the state authorized by the department to provide driver licensing services, vehicle registration services, or both.

Trans 102.02(6r) (6r) “Name” as used in ss. 341.08 (2) (a) and (am) and 342.06 (1) (a), Stats., or “full name” as used in s. 343.14 (2) (a), Stats., means any of the following:

Trans 102.02(6r)(a) (a) In the case of an individual, the entire first and last name and middle initial, if any.

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 license or identification card 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 license or identification card issued to a person whose license or identification card has been canceled or revoked.

Trans 102.02(7m) (7m) “Photograph” or “photo” means a printed image created by use of a photographic or digital camera process.

Trans 102.02(8) (8) “Reinstate” means the process of issuing a license to a person following a withdrawal of the person’s operating privilege or license by cancellation, suspension, revocation, or disqualification. The term also includes the process of issuing an identification card to a person who previously had an identification card canceled or revoked.

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)(a) (a) A change in license restrictions.

Trans 102.02(9)(b) (b) Department errors or defects in the license such as an unrecognizable photograph.

Trans 102.02(9)(c) (c) A change of address processed under s. 343.22 (2m), Stats.

Trans 102.02 Note Note: Refer to s. 343.21 (1) (h), Stats., regarding fees for changes in commercial driver license restrictions.

Trans 102.02(10) (10) “Special restrictions card” means a card prepared by the department and issued to a person when non-encoded or lengthy restrictions to a license are necessary.

Trans 102.02 History History: 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.

Trans 102.025 Trans 102.025 Document condition and authenticity.

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(2) (2) Suspect document. The department may decline to accept any document required to be presented as part of an application for an operator’s license or identification card if it has any reason to suspect 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 a 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 individual 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 person who presented them shall be returned to the person, except as provided in sub. (3). Documents containing photographs of the holder may be rejected if the person is not readily recognizable from the photograph. Documents bearing signatures or reproductions of signatures of the holder may be rejected if the signature or reproduced signature does not clearly match all other signatures provided by the presenter as part of the application or on file with the department. Documents containing other data will not be accepted if any facts lead the department to question the authenticity of the document or accuracy of the data.

Trans 102.025 Note Note: This provision permits the Department to reject documentation or photos, but does not create a duty to inspect all DOT files when processing each application.

Trans 102.025(3) (3) Confiscation of document.

Trans 102.025(3)(a) (a) Employees or agents of the department may take possession of any document submitted as proof of the person’s name and date of birth, identity, residency or any other fact sought to be proven to the department and may turn those documents over to local, state or federal authorities in any of the following circumstances:

Trans 102.025(3)(a)1. 1. The document is or appears to be counterfeit.

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)3. 3. The document appears not to be or is not a genuine document.

Trans 102.025(3)(a)4. 4. The document appears to have been altered.

Trans 102.025(3)(a)5. 5. Law enforcement has requested the department confiscate documents presented by a specific person.

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 Note Note: 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 History History: CR 04-100: cr., renum. (1) from Trans 102.15 (7) and am. Register June 2005 No. 594, eff. 7-1-05.

Trans 102.03 Trans 102.03 Photograph exemptions.

Trans 102.03(1) (1) Except as provided in this section, no license or identification card, including duplicates, shall be issued unless the person appears in person at a motor vehicle service center and is photographed.

Trans 102.03 Note Note: See s. 343.14 (3), Stats.

Trans 102.03(2) (2) A license may be issued without a photograph or with a prior photograph on file with the department to any of the following:

Trans 102.03(2)(a) (a) A Wisconsin resident who is out of state and is not able to return to Wisconsin for a renewal or duplicate license.

Trans 102.03 Note Note: See s. 343.14 (3), Stats., and sub. (3).

Trans 102.03(2)(b) (b) A Wisconsin resident who has seriously held religious convictions that do not allow the resident to be photographed. To qualify for this exemption, the person shall complete, sign and date a statement, on a form provided by the department, certifying that the person objects to being photographed due to a seriously held religious conviction.

Trans 102.03(2)(c) (c) A Wisconsin resident who requests a photograph exemption on the grounds that a photograph would not accurately reflect the person’s appearance because of the person’s temporary disfigurement, and the department finds that an exemption should be granted. In cases where an exemption is granted, the person shall apply for a duplicate operator’s license with photograph when the reason for the exemption no longer exists.

Trans 102.03 Note Note: The fee for a duplicate license may be found in s. 343.21 (1) (L), Stats. Wisconsin law does not permit the department to issue an ID without a photograph.

Trans 102.03(2m) (2m) The department may waive the requirement that a person appear at a motor vehicle service center if the department has entered into an agreement with the department of corrections under which that agency will accept application materials or take photographs for the department, the person is an inmate at a department of corrections facility, and the department receives all required photographs or application materials for the person from the department of corrections.

Trans 102.03(3) (3) A person who is issued a license without a photograph under sub. (2) (a) may be excused from the requirement of appearing in person at a motor vehicle service center at the time the duplicate or renewal license is issued. Within 30 days of return to Wisconsin, the person shall appear at a motor vehicle service center and obtain a license containing a photograph.

Trans 102.03 Note Note: See s. 343.21, Stats., for fees on duplicate licenses. Form MV3415 religious conviction exemption request is provided upon request at a department motor vehicle services center or from Wisconsin Department of Transportation, Bureau of Driver Services, License Issuance Unit, P.O. Box 7918, Madison, Wisconsin 53707.

Trans 102.03(4) (4) No photograph shall be required for temporary licenses or driving receipts.

Trans 102.03 Note Note: Authority for this provision may be found at s. 343.14 (3), Stats. See s. 343.07, Stats., regarding instruction permits, and ss. 343.17 (5), 343.10, 343.11, 343.16 (6) (b), 343.305, Stats., and s. Trans 102.17 regarding temporary licenses or driving receipts.

Trans 102.03(5) (5) A photograph may be required for instruction permits.

Trans 102.03(6) (6) The department may issue a license to a person without requiring that person’s appearance if the department is able to produce a photograph from its records.

Trans 102.03 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. (1) (b), Register, January, 1984, No. 337, eff. 2-1-84; renum. (1) and (2) to be (2) and (3) and am., cr. (1), (2) (c), (4) to (6), Register, December, 1990, No. 420, eff. 1-1-91; am. (2) and (3), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-100: cr. (2m), Register June 2005 No. 594, eff. 7-1-05.

Trans 102.04 Trans 102.04 Design of operator’s license and identification card.

Trans 102.04(1) (1) Operator’s licenses and identification cards:

Trans 102.04(1)(a) (a) Shall consist of one part with 2 sides, except as otherwise prescribed is ss. 343.10 (7) (d) and 343.17 (4m), Stats.

Trans 102.04(1)(b) (b) Shall include the following descriptive legends:

Trans 102.04(1)(b)1. 1. Duplicate licenses and identification cards shall be marked “duplicate” or an abbreviation thereof.

Trans 102.04(1)(b)2. 2. Juvenile restricted licenses shall be marked “juvenile restricted” or an abbreviation thereof.

Trans 102.04(1)(c) (c) Shall contain such further information as the department considers appropriate for security or identification purposes.

Trans 102.04(2) (2) Any identification card issued based upon extraordinary proof of name, date of birth or U.S. citizenship under s. Trans 102.15 (5m) shall, in addition to any other legend or label, be marked in a manner consistent with requirements under applicable federal law and regulations to indicate that the identification card is issued in accordance with P.L. 109-13, section 202 (d) (11), and is not intended to be accepted by any federal agency for federal identification or any other official purpose.

Trans 102.04 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; CR 14-061: renum. 102.04 (intro.) to 102.04 (1), cr. (2) Register May 2015 No. 713, eff. 6-1-15; correction in (2) made under s. 35.17, Stats., Register April 2017 No. 736; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756.

Trans 102.07 Trans 102.07 National driver registry and commercial driver license registration system. Information system record inquiries for issuance of commercial driver licenses required by s. 343.03 (5), Stats., shall be made as follows:

Trans 102.07(1) (1) The department shall make inquiries of the commercial driver license information system and the national driver registry to determine licensing eligibility before issuing a license.

Trans 102.07(2) (2) When the information systems described in sub. (1) are inoperative, the person’s class D or M license may be processed based on the information certified by the person on the license application and any Wisconsin driver record available except that licenses may not be issued prior to a record check for the following persons:

Trans 102.07(2)(a) (a) A person who is obtaining his or her first regular driver license.

Trans 102.07(2)(b) (b) A person who is licensed in another state and is seeking to obtain a regular Wisconsin license.

Trans 102.07 Note Note: The department’s intent was to substitute jurisdiction for state in par. (b).

Trans 102.07(3) (3) Subsequent to the issuance of a license under sub. (2), when the information system is again operative, the driver record inquiry will be made. If the inquiry shows that the person’s record is unacceptable, the department may cancel, revoke or suspend the license issued under sub. (2).

Trans 102.07 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (2), Register, November, 1994, No. 467, eff. 12-1-94; am. (2), Register, December, 1999, No. 528, eff. 1-1-00.

Trans 102.09 Trans 102.09 Photograph specifications.

Trans 102.09(1) (1) As determined by the department, a license or identification card photograph shall be retaken if the photograph of the person is indistinguishable, unclear, incomplete, or becomes lost or damaged.

Trans 102.09(2) (2) Persons who fall into the retake specifications described under sub. (1) shall be required to have the license photograph retaken by the department before an operator’s license or identification card will be issued.

Trans 102.09(3) (3) Any person not satisfied with the photograph after receipt of a license or identification card may request to have the photograph retaken. If the photograph is indistinguishable, unclear or incomplete to the extent that the department demands another photograph of the person be taken under sub. (1), the person shall apply for a duplicate license or identification card, surrender the existing license or identification card and pay the fee required in s. 343.21 (1) (L), Stats.

Trans 102.09(4) (4) When an application for an operator’s license or an identification card is made, the date the photograph is taken shall be at the discretion of the department.

Trans 102.09(5) (5) Persons shall be notified by the department when a photograph needs to be retaken or when a subsequent change of license restrictions or endorsements requires license reissuance or a duplicate license. Failure to comply within 30 days of notification shall result in the cancellation of the operator’s license.

Trans 102.09(6) (6) Persons requiring a duplicate operator’s license or identification card shall return to the department for duplicate application and new photograph, unless the person’s appearance at the department is not required under s. Trans 102.03 (2) (a) or (6).