Chapter Trans 102

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 Note Note: See s. 343.03 (3r), Stats.

Trans 102.02(8) (8) “Reinstate” means one of the following:

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)(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(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 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; 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 102.025 Trans 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 Note Note: Product applications, Form MV3001, 3001s, 3004 and 3004s, contain this affirmation.

Trans 102.025(1s) (1s) Verification.

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) (3) Confiscation of 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)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)(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 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; 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 Trans 102.03 Photograph requirements.

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) (2) 

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) (b) Head coverings.

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) (f) Eyes.

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.

Trans 102.03(3)(a) (a) Duplicate and renewal products. A person who obtains a duplicate or renewal product online is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that is not more than 16 years old, and the department’s computer system will accommodate processing the application online.

Trans 102.03(3)(b) (b) Online product issuance. A person who obtains an identification card online is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that will not be more than 16-years-old when the product is expected to expire.

Trans 102.03(3)(c) (c) Persons in military service. A person in military service or foreign service stationed outside this state who applies to renew a driver license is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that is not more than 16-years-old.

Trans 102.03 Note Note: See s. 343.20 (3), Stats., 6 CFR 37.25 (a).

Trans 102.03(3)(d) (d) Non-expiring ID cards. A person who applies for a replacement identification card without appearing at a DMV service center to be photographed, who claims an identification card that was issued to the person pursuant to s. 343.50 (5) (d), Stats., that does not expire is lost, stolen, or damaged is exempt from using a photograph taken within of the date of product issuance. A replacement identification card issued by the department pursuant to this paragraph shall include the latest photograph of the person in the department’s records.

Trans 102.03(4) (4) The department may issue a REAL ID noncompliant product to a prisoner held in a correctional facility in this state using a photograph taken by the Wisconsin department of corrections that meets the standards in sub. (1) and is taken in compliance with an agreement between the department and the Wisconsin department of corrections.

Trans 102.03(5) (5) A person whose sincerely held religious beliefs do not permit the person to be viewed by members of the opposite sex may request that their photograph be taken outside the presence of persons of the opposite sex. The department may require the person appear at a time before or after normal DMV service center business hours. Arrangements shall be made at least 7 days prior to the date the photograph is to be taken. The department may require the person to travel to a DMV service center where the department has staff and facilities at which the request may be fulfilled.

Trans 102.03(6) (6) Subsection (2) shall be interpreted and applied in a manner consistent with federal requirements for the issuance of federal REAL ID compliant documents even if an applicant applies for a REAL ID non- compliant product. The department adopts standards set forth in 6 CFR. 37.17 (e) and ISO/IEC 19794- 5:2005(E) Information Technology – Biometric Data Interchange Formats – Part 5: Face Image Data for use in driver license processing.

Trans 102.03 Note Note: As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on [date to be inserted upon approval]. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. Copies may be obtained from http://webstore.ansi.org/, or by contacting ANSI, 25 West 43rd Street, 4th Floor, New York, New York 10036. They are also available online at the International Organization for Standardization and International Electrotechnical Commission at www.iso.org and https://webstore.iec.ch/preview/info_isoiec19794-5%7Bed1.0%7Den.pdf, respectively.

Trans 102.03(7) (7) 

Trans 102.03(7)(a) (a) As determined by the department, a product photograph shall be retaken if the photograph of the applicant is indistinguishable, unclear, or incomplete, shows a temporary disfigurement that no longer exists, or does not meet the requirements of this section, or if the department’s copy of the photograph of the applicant becomes lost or damaged.

(b) An applicant whose photograph meets the retake specifications described under par. (a) shall be required to have the product photograph retaken by the department before a product will be issued.

Trans 102.03(7)(c) (c) Any person not satisfied with the photograph after receipt of a product 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 par. (a) or (b), the department shall issue a replacement card upon proper application without charge. If the photograph meets the department’s standard for inclusion on a product, the person shall apply for a duplicate product, and pay any fee required under s. 343.21 (1) (L) and (n) or 343.50 (6) and (7), Stats.

Trans 102.03(7)(d) (d) An applicant shall be notified by the department when a photograph needs to be retaken. Failure to comply within 30 days of notification shall result in the cancellation of the operator’s license.

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; CR 23-042: r. and recr. (1) to (6), r. (7) (title), renum. (7) (a) to (d) from Trans 102.09 (1) to (3), (5) and am. Register April 2025 No. 832, eff. 5-1-25; correction in (1), (2) (a), (b) 1., (g), (7) (a), (c) made under s. 35.17, Stats., Register April 2025 No. 832.

Trans 102.04 Trans 102.04 Product design.

Trans 102.04(1) (1) A product shall include all the information specified in ss. 343.17 (3) and 343.50 (3), Stats. Additionally, a product shall do all of the following:

Trans 102.04(1)(a) (a) Consist of one part with 2 sides, except as otherwise prescribed in s. 343.17 (4m), Stats.

Trans 102.04(1)(b) (b) Include any legend required by s. 343.03 (3) or (3m), Stats., or s. 343.50 (3) (a), Stats., and the following descriptive legends, if applicable:

Trans 102.04(1)(b)1. 1. Duplicate products 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) Contain any other information the department considers appropriate for security or identification purposes.

Trans 102.04(2) (2) Receipts and extension cards that the department issues are not subject to sub. (1).

Trans 102.04(3) (3) Any REAL ID noncompliant identification card or Class D or M license issued by the department based upon extraordinary proof of name, date of birth, or U.S. citizenship under s. 343.165 (8) (a), Stats., 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 product is not intended to be accepted by any federal agency for federal identification or any other official purpose.

Trans 102.04(4) (4) A REAL ID compliant product shall include at least three levels of integrated security features that provide resistance to a person’s attempt to do any of the following:

Trans 102.04(4)(a) (a) Counterfeit, alter, simulate, or reproduce a genuine document.

Trans 102.04(4)(b) (b) Alter, delete, modify, mask, or tamper with data concerning the original or lawful card holder.