Trans 102.14(3)(b)1.1. A person whose legal presence or authorized stay in this country is a period of 12 months or less and ends not more than 6 months after he or she applies for an operator's license is not a resident of this state within the meaning of s.
343.01 (2) (g), Stats.
Trans 102.14(3)(b)2.
2. A person whose legal presence or authorized stay in this country is a period of 6 months or less and ends not more than 3 months after he or she applies for an identification card is not a resident of this state within the meaning of s.
343.01 (2) (g), Stats.
Trans 102.14(4)
(4) Persons who establish Wisconsin residency and who are not exempt from Wisconsin licensing requirements under s.
343.05 (4), Stats., shall apply for a Wisconsin operator's license as follows:
Trans 102.14(4)(a)
(a) Within 30 days of establishing Wisconsin residency if the person holds a commercial driver license from another jurisdiction or Mexico and seeks a Wisconsin commercial driver license.
Trans 102.14 Note
Note: Commercial drivers are required to transfer their CDL within 30 days of moving between states by federal law.
49 CFR 383.71 (b).
Trans 102.14(4)(b)
(b) Within 60 days of establishing Wisconsin residency in situations not described in par.
(a).
Trans 102.14 Note
Note: See s.
343.01 (2) (g), Stats., regarding establishing residency for driver license purposes.
Trans 102.14(5)
(5) No license will be issued to a person under the age of 18 unless the person provides satisfactory proof that the person has successfully completed a driver education or training course which meets the requirements of s.
343.06 (1) (c), Stats., an approved driver education course of another jurisdiction, or the person is exempt from those requirements under s.
343.08 or
343.135, Stats.
Trans 102.14(6)
(6) A license shall be reissued without fee if it is defective or inaccurate because of a department error.
Trans 102.14 History
History: Emerg. cr. eff. 3-14-83; cr.
Register, January, 1984, No. 337, eff. 2-1-84; renum. (intro.) to (4) to be (1) (intro.) to (d) and am. (1) (intro.) and (a), cr. (2) to (5),
Register, December, 1990, No. 420, eff. 1-1-91; reprinted to restore dropped copy in (4),
Register, September, 1991, No. 429; cr. (1) (e),
Register, January, 1997, No. 493, eff. 2-1-97; r. (1) (a), am. (1) (b) and (c), cr. (6),
Register, December, 1999, No. 528, eff. 1-1-00;
CR 04-099: am. (1), cr. (1m)
Register March 2005 No. 591, eff. 4-1-05;
CR 05-109: am. (4)
Register April 2006 No. 604, eff. 5-1-06;
CR 06-128: renum. (3) to be (3) (a), cr. (3) (b)
Register April 2007 No. 616, eff. 5-1-07;
CR 14-061: cr. (1g)
Register May 2015 No. 713, eff. 6-1-15.
Trans 102.15(1)(1)
“
Unavailable" defined. In this section, “unavailable" does not include documents which persons have forgotten to bring with them when applying for a license or identification card, or a lost or destroyed document if a replacement original or a certified copy of the document is available to those persons upon proper request.
Trans 102.15(2)(a)
(a) Satisfactory proof of date of birth, as specified under sub.
(3) and satisfactory proof of identity as specified under sub.
(4) shall be submitted by a person applying for an original Wisconsin operator's license or identification card.
Trans 102.15(2)(b)
(b) Satisfactory proof of identity as specified under sub.
(4) shall be submitted by a person applying for a renewal, reissue, reinstatement or duplicate of a Wisconsin operator's license or identification card.
Trans 102.15(2)(bm)1.1. Any person applying for an original Wisconsin operator's license or identification card shall submit satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States, or legal presence in the United States, as specified under sub.
(3m).
Trans 102.15(2)(bm)2.
2. The department may require any person applying for a reissue, reinstatement, renewal or duplicate operator's license or identification card to provide satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States as specified under sub.
(3m) to determine the person's eligibility for the operator's license or identification card.
Trans 102.15(2)(c)
(c) Except as provided in sub.
(5m), a person shall provide proof of the person's name and date of birth under sub.
(3), of the person's identity under sub.
(4), and of the person's residency under sub.
(4m), upon the first application for an original, renewal, reinstatement or duplicate operator's license or identification card following:
Trans 102.15(2)(c)1.
1. Any action which results in the department creating an AKA record in the person's driver file;
Trans 102.15(2)(c)2.
2. Cancellation of the person's license or identification card for altering a license or identification card, or cancellation for making a fraudulent or falsified application for a license or identification card, or cancellation for violation of s.
343.25 (1),
(4),
(5) or
(6), Stats.;
Trans 102.15 Note
Note: Section 343.67 (4), Stats., was repealed by
2005 Wis. Act 397.
Trans 102.15(3)(a)(a) One of the following is satisfactory proof of a person's name and date of birth:
Trans 102.15(3)(a)1.
1. For a person born in Wisconsin, a copy of the person's Wisconsin birth certificate issued and certified in accordance with s.
69.21, Stats.;
Trans 102.15(3)(a)2.
2. For a person born in another jurisdiction, other than a province of the Dominion of Canada, a certified copy of the person's birth certificate or the equivalent document from that other jurisdiction or a certificate of birth abroad issued by the U.S. department of state (federal form FS-545 or DS-1350);
Trans 102.15(3)(a)4.
4. A valid, unexpired passport issued by a foreign country with federal I-551 resident alien registration receipt card or federal I-94 arrival and departure record that bears a photograph of the person and identifies the person's first and last names, and the person's day, month and year of birth;
Trans 102.15(3)(a)6.
6. A Wisconsin identification card issued under s.
343.50, Stats., bearing a photograph of the person, other than an identification card issued under sub.
(5m) (b);
Trans 102.15(3)(a)8.
8. A federal I-94 “parole edition" or “refugees version" arrival-departure record, together with a certification, on the department's form, by the person, of the person's name and date of birth, a copy of a U.S. department of state refugee data center reception and placement program assurance form and a letter from the person's sponsoring agency on its letterhead, supporting the person's application for a Wisconsin ID card or driver license and confirming the person's identification. Applicants who are unable to provide a reception and placement program assurance form may be issued a Wisconsin ID card or driver license, but only after their identification has been confirmed by the U.S. citizenship and immigration services;
Trans 102.15(3)(a)11.
11. A federal temporary resident card or employment authorization card, I-688, I-688A, I-688B, and I-766;
Trans 102.15(3)(a)15.
15. An American Indian identification card meeting all of the following requirements:
Trans 102.15 Note
Note: The following have been approved as of November 1, 2004: Red Cliff Band of Lake Superior Chippewas issued on or after October 1, 2003; St. Croix Band of Lake Superior Chippewa Indians; the Menominee Indian Tribe of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians; Bad River Band of Lake Superior Chippewa Indians; Ho-Chunk Nation; Forest County Potawatomi; Sokaogan Chippewa Community Mole Lake Band issued on or after October 1, 2003; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin issued on or after October 18, 2004.
Trans 102.15(3)(a)17.
17. A court order under seal related to the adoption or divorce of the individual or to a name or gender change that includes the person's current full legal name, date of birth and in the case of a name change or divorce order, the person's prior name;
Trans 102.15 Note
Note: Examples include, but are not limited to, adoption document, name change document, or gender document. This does not include abstract of criminal or civil conviction.
Trans 102.15(3)(a)18.
18. An armed forces of the United States common access card or DD Form 2 identification card issued to military personnel;
Trans 102.15(3)(a)21.
21. Department of homeland security/transportation security administration transportation worker identification credential.
Trans 102.15(3)(am)
(am) Except as provided in s.
Trans 102.15 (5m) (b) 3., neither a hospital birth certificate, a notification of birth registration nor baptismal certificate is satisfactory proof of a person's name and date of birth.
Trans 102.15(3)(c)
(c) For an identification card, to establish a name other than the name that appears on a supporting document, the person may provide evidence acceptable to the administrator that the person has used the name in a manner that qualifies the name as being legally changed under the common law of Wisconsin, including evidence of the person's prior name, changed name, the length of time the person has consistently and continuously used the changed name, an affirmation that the person no longer uses the prior name, and an affirmation that the person did not change his or her name for a dishonest or fraudulent purpose or to the injury of any other person. The department shall mark an identification card issued under this subdivision in the manner described in s.
343.03 (3r), Stats.
Trans 102.15 Note
Note: See,
State v. Hansford,
219 Wis. 2d 226,
580 N.W.2d 171 (1998); 35 Wis. Op. Atty. Gen. 178, 179 (1946). This process may be used to overcome an error on a supporting document, such as a spelling error or incorrect name, to enable an applicant to receive an identification card in the applicant's legally correct name.
Trans 102.15(3)(d)
(d) The administrator shall approve a name change requested by a person who cannot provide documentation under par.
(a) 17. of a lawful change of name but who does one of the following:
Trans 102.15(3)(d)1.
1. Provides proof of identity specified in sub.
(4) in the new name, and the administrator receives from the federal social security administration evidence or confirmation of the name change.
Trans 102.15(3)(d)2.
2. Applies for an identification card and provides an affidavit declaring all facts required under par.
(c) to prove a name change under the common law of Wisconsin.
Trans 102.15(3m)
(3m) Proof of citizenship, legal permanent resident status, conditional resident status or legal presence. Trans 102.15(3m)(a)(a) One of the following is satisfactory proof of a person's citizenship, legal permanent resident status, conditional resident status or legal presence in the United States:
Trans 102.15(3m)(a)3.
3. Valid foreign passport with appropriate immigration documents, which shall include or be accompanied by federal form I-94, arrival and departure record.
Trans 102.15 Note
Note: The appropriate immigration documents determine legal presence, not the passport itself.
Trans 102.15(3m)(a)6.
6. Valid department of homeland security/U.S. citizenship and immigration services federal form I-551, resident alien registration receipt card, issued since 1997.
Trans 102.15(3m)(a)7.
7. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688, temporary resident identification card.
Trans 102.15(3m)(a)8.
8. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688B or I-766, employment authorization document.
Trans 102.15(3m)(a)9.
9. Valid department of homeland security/U.S. citizenship and immigration services federal form I-571, refugee travel document.
Trans 102.15(3m)(a)10.
10. Department of homeland security/U.S. citizenship and immigration services federal form I-797, notice of action.
Trans 102.15(3m)(a)11.
11. Department of homeland security/transportation security administration transportation worker identification credential.
Trans 102.15(3m)(a)12.
12. U.S. department of state reception and placement program assurance form (refugee version), which shall include or be accompanied by federal form I-94, arrival and departure record.
Trans 102.15(4)
(4) Proof of identity. One of the following is satisfactory proof of identity:
Trans 102.15(4)(a)
(a) A supporting document identifying the person by name and bearing the person's signature, a reproduction of the person's signature, or a photograph of the person. Acceptable supporting documents include:
Trans 102.15(4)(a)2.
2. A valid operator's license, including a license from another jurisdiction, except a province of the Dominion of Canada, bearing a photograph of the person;
Trans 102.15 Note
Note: Temporary driving receipts from other jurisdictions are not acceptable. “Another jurisdiction" is defined at s.
340.01 (41m), Stats.
Trans 102.15(4)(a)3.
3. Military discharge papers (including certified copy of federal form DD-214);
Trans 102.15(4)(a)5.
5. A valid photo identification card issued by Wisconsin or another jurisdiction, except a province of the Dominion of Canada, bearing a photograph of the person;
Trans 102.15 Note
Note: A testament to the marriage document does not satisfy this requirement.
Trans 102.15 Note
Note: Metal or other duplicate Social Security Cards are not acceptable.
Trans 102.15(4)(a)23.
23. Any document permitted under sub.
(3) (a), if it bears a photograph of the person and was not used as proof of name and date of birth.
Trans 102.15 Note
Note: This permits a person to use two separate documents under sub. (3) (a) to satisfy the requirements of subs. (3) and (4).
Trans 102.15(4)(a)24.
24. Department of homeland security/transportation security administration transportation worker identification credential.
Trans 102.15(4)(c)
(c) A person applying without a personal appearance to reinstate a suspended or revoked license or identification card or to renew a license subject to s.
Trans 102.03 (2) and
(5) or obtain a duplicate license or identification card, if all of the following apply:
Trans 102.15(4)(c)1.
1. The department is able to produce an acceptable photograph and facsimile signature for the individual from its digital image computer records.
