Chapter Trans 102

Trans 102.15(6m)(d) (d) Cancellation or refusal. Notwithstanding par. (a), the department shall cancel or refuse to issue an identification card receipt under this subsection upon the circumstances specified in s. 343.50 (10), Stats., upon the issuance of an operator’s license or identification card to the person, upon the person’s request, upon the denial of the application, upon return to the department of a receipt as non-deliverable, or whenever the department receives information that prohibits issuance of an identification card under s. 343.50 (1) (c), Stats.

Trans 102.15(6m)(e) (e) Address changes. Whenever any person, after receiving an identification card receipt under this subsection, moves from the address named in the application or in the receipt issued to the person or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall, within 30 days, notify the department of the person’s change of address. Upon receiving a notice of change of address, the department shall promptly issue a new receipt under par. (a) showing the correct address and having the expiration date of the prior receipt.

Trans 102.15(7) (7) Additional documentation. The department may require additional documentation or proof of identity beyond the minimum requirements of this section from an applicant if the department has been notified that the person is or may be a victim of identity theft.

Trans 102.15 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; emerg. am. eff. 6-24-86; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (6) (intro.), Register, January, 1993, No. 445, eff. 2-1-93; am. (3) (a) 5., 6., 11., (4) (a) (intro.), 2., 4. to 8., 13., 19., (5) (a) (intro.), cr. (3) (a) 14. to 18., (4) (intro.), (a) 20., (b), renum. (4) (b) (intro.), 1., 4., 6. and 7. to be (4) (c) (intro.), 1. to 4. and am. (4) (c) (intro.), r. (4) (b) 2., 3., 5., Register, January, 1997, No. 493, eff. 2-1-97; am. (2) (a), (c) (intro.), 7., (3) (a) (intro.), 8., 16., (3) (b) 1., 3., (c) and (4) (a) 1., (4) (b) 2., (6) (intro.) and (b), cr. (3) (a) 19., (4) (a) 21, Register, December, 1999, No. 528, eff. 1-1-00; emerg. am. (3) (a) 8., eff. 12-21-01; CR 02-005: am. (3) (a) 8. Register May 2002 No. 557, eff. 6-1-02; corrections in (2) (c) 4. and 5. made under s. 13.93 (2m) (b) 7., Stats., Register May 2002 No. 557; CR 04-100: am. (2) (c) (intro.), (3) (a) 2., 4. to 8., 11. and 15. to 19., (3) (b) 1., (4) (a) (intro.) 2., 5. to 7., 12., 18., 19 and 21, (5) (a) to (c), cr. (2) (c) 8., (3) (a) 20., (4) (a) 22. and 23., (c) 5. and (4m), (5) (a) 4. and (bm), r. (3) (a) 12. to 14. and (4) (a) 8. to 10., 15., 17. and 20., r. and recr. (4) (b) and (c) 2., renum. (7) to be s. Trans 102.025 (1), Register June 2005 No. 594, eff. 7-1-05; CR 05-109: am. (6) (intro.) Register April 2006 No. 604, eff. 5-1-06; CR 06-082: cr. (2) (bm) and(3m) Register December 2006 No. 612, eff. 4-1-07; CR 06-128: am. (3) (a) 2., 4., (4) (a) 2. and 5., r. (3) (a) 16., 19., 20., (4) (a) 1., 6., 7., 12., 14., 18., 19., 21. and 22., (b), (c) (intro.), 1., 3. to 5., (4m) (a), (e) and (8), cr. (3) (a) 21., (4) (a) 24. and (4m) (f), renum. (4) (c) 2. to be (4) (c) and am. (4) (c) (intro.) Register April 2007 No. 616, eff. 5-1-07; correction in (3m) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 14-061: am. (2) (c), renum. (3) (a) 2. (Note) to (3) (am) and am., am. (3) (a) 6., renum. (3) (b) to (5m) (a) and am. (5m) (a) (intro.) and 2., renum. (3) (c) to (5m) (c) and am., cr. (3) (d), (5m) (title), (b), (e), am. (6) (intro.) Register May 2015 No. 713, eff. 6-1-15; EmR1636: emerg. cr. (3) (c), renum. (3) (d) to (3) (d) (intro.) and 1. and am., cr. (3) (d) 2., am. (5) (a), cr. (5) (d), am. (5m) (b) 1., 2., renum. (5m) (b) 3. to (5m) (b) 3. and 3g. (intro.) and am., am. (5m) (c), cr. (6m), eff. 12-7-16; CR 16-040: cr. (3) (c), renum. from (3) (d) to (3) (d) (intro.) and 1. and am., cr. (3) (d) 2., am. (5) (a), cr. (5) (d), am. (5m) (b) 1., 2., renum. from (5m) (b) 3. to (5m) (b) 3. and 3g. (intro.) and am., am. (5m) (c), cr. (5m) (f), (g), (h), cr. (6m) Register April 2017 No. 736, eff. 5-1-17; correction in (3) (am), (6m) (a), (b) made under s. 35.17, Stats., Register April 2017 No. 736; CR 22-048: am. (3) (a) 2., 15. (intro.), (5) (d), (5m) (b) 1., 3g. h., (6m) (e) Register July 2023 No. 811, eff. 8-1-23.

Trans 102.16 Trans 102.16 Operator’s license and license endorsement issuance periods.

Trans 102.16(1) (1) Original, reinstated and probationary licenses. Reinstated licenses, probationary licenses, and original licenses other than instruction permits and license endorsements shall expire 2 years from the licensed person’s next birthday, or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner. If the expiration date of a person’s probationary license is the date the person’s legal presence in the United States is no longer authorized, and the person’s legal presence is extended, the department may reissue the probationary license with an expiration date of the latest date determined under this section at the time of initial issuance or the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner. The department may not, as a consequence of expiration dates based on the person’s legal presence in the United States, require any person to possess a probationary license beyond the latest date determined under this section at the time of initial issuance.

Trans 102.16 Note Note: See s. 343.20 (1) (a), Stats.

Trans 102.16(2) (2) Eyesight tests. The eyesight test shall be given to each person who applies for renewal of a 2, 4 or 8 year license at the time application is made.

Trans 102.16 Note Note: See s. 343.16 (3) (a), Stats.

Trans 102.16(3) (3) Renewed regular, commercial driver and motor-cycle only licenses. Regular, commercial and motorcycle only licenses shall expire 8 years from the expiration date of the license being renewed if the license is renewed prior to its expiration, or 7 years from the person’s next birthday in all other circumstances, except as otherwise provided in this section.

Trans 102.16(3m) (3m) License extensions. A regular license issued by the department may be extended by the department for 4 years from the expiration date of the license if the department has selected the license for 4 year extension rather than renewal in order to balance the number of licenses that will expire in future years. The department may not extend an expiration date under this subsection beyond the date that the person’s presence in the United States is legally authorized. The department may consider a person’s driving history in deciding whether to extend the person’s license. Vision examinations may not be required for extensions.

Trans 102.16 Note Note: Section 343.20 (1) (f), Stats., provides that this extension program sunsets on December 31, 2001.

Trans 102.16(4) (4) License renewal. No person may renew:

Trans 102.16(4)(a) (a) An operator’s license more than one year prior to the expiration date of the license.

Trans 102.16(4)(b) (b) A probationary license or special restricted license more than 90 days prior to the expiration date of the license.

Trans 102.16(5) (5) New state residents. Original operator’s licenses issued under s. 343.20 (1) (e), Stats., shall expire 3 years after the licensed person’s next birthday or on the date that the person’s legal presence in the United States is no longer authorized or on the following date, whichever occurs sooner.

Trans 102.16 Note Note: Section 343.20 (1) (e), Stats., was repealed, and s. Trans 102.16 (5) has no effect.

Trans 102.16(6) (6) Special restricted licenses. Special restricted license renewals expire on the date that the person’s legal presence in the United States is no longer authorized or on the following date, whichever occurs sooner:

Trans 102.16(7) (7) Endorsements expire with licenses. All endorsements on an operator’s license shall expire on the same date the operator’s license expires or is withdrawn.

Trans 102.16(8) (8) Expiration date does not change with changes in authority. The expiration date of a valid license document shall remain the same when subsequent upgrades to classifications or endorsements are applied to the license, except that if the date that the person’s legal presence in the United States is no longer authorized occurs sooner, the expiration date shall become the date that the person’s legal presence in the United States is no longer authorized.

Trans 102.16 Note Note: Expiration of restricted licenses is provided for in s. 343.08 (2) (a), Stats.

Trans 102.16 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (3) (b), Register, September, 1992, No. 441, eff. 10-1-92; am. (2), (5), r. and recr. (3), cr. (3m), Register, December, 1999, No. 528, eff. 1-1-00; CR 06-082: am. (1) (3m), (5), (6) and (8) Register December 2006 No. 612, eff. 4-1-07.

Trans 102.17 Trans 102.17 Temporary operator’s license or driver receipt.

Trans 102.17(1) (1) Temporary operator’s license. The department may issue a class D or M temporary operator’s license and attach it to a person’s previous Wisconsin license when the person presents the previous license and the department is unable to immediately issue a renewal operator’s license to the person for one of the following reasons:

Trans 102.17(1)(a) (a) The department, pursuant to s. 343.16 (6), Stats., requires testing or an examination prior to renewal including, but not limited to, medical, eye, or mental examinations or evaluations of drug or alcohol dependency and the testing cannot be completed prior to the expiration of the existing license; or

Trans 102.17(1)(b) (b) The department’s license production system temporarily prevents production of an operator’s license.

Trans 102.17(2) (2) Temporary driver receipt. The department may issue a class D or M temporary driver receipt and validate it for driving:

Trans 102.17(2)(a) (a) When a person is eligible for a temporary driver receipt under s. Trans 102.15 (6); or

Trans 102.17(2)(b) (b) When a person applying for renewal of a license is unable to present the person’s previous Wisconsin license and the department is not able to immediately issue an operator’s license for any of the reasons stated in sub. (2) (a) or (b).

Trans 102.17(2)(c) (c) If the person has previously held a motorcycle instruction permit, that instruction permit is expired, and the person seeks authorization to operate a motorcycle solely for the purpose of completing a motorcycle driver exam.

Trans 102.17(3) (3) Duration. A temporary operator’s license or driver receipt may be valid for not longer than 60 days from the date issued, unless otherwise canceled, revoked or suspended. The date issued shall be shown on the face of a temporary license or driver receipt.

Trans 102.17 Note Note: Form MV3501, temporary operator’s license, form MV3432, receipt, form MV3392 data card instruction permit/receipt.

Trans 102.17 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1) (intro.) and (2) (intro.), Register, November, 1994, No. 467, eff. 12-1-94; cr. (2) (c), Register, January, 1997, No. 493, eff. 2-1-97.

Trans 102.18 Trans 102.18 Identification card and issuance period.

Trans 102.18(1) (1) Original and reinstatement identification cards expire 4 years from the identified person’s next birthday, or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.

Trans 102.18(2) (2) Renewal identification cards expire on the date that the person’s legal presence in the United States is no longer authorized or on the following date, whichever occurs sooner:

Trans 102.18(2)(a) (a) Four years from the identified person’s next birthday when the renewal application is made prior to the expiration date of the latest identification card on file for that person;

Trans 102.18(2)(b) (b) Three years from the identified person’s next birthday when the renewal application is made after the expiration date of the latest identification card on file for that person.

Trans 102.18(3) (3) No person may renew an identification card more than one year prior to the expiration date of the identification card.

Trans 102.18 Note Note: See s. 343.50 (5) and (6), Stats.

Trans 102.18 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 06-082: am. (1) and (2) Register December 2006 No. 612, eff. 4-1-07.

Trans 102.19 Trans 102.19 Instruction permits.

Trans 102.19(1) (1) Class d instruction permits. An instruction permit for class D privileges may not be issued to a person less than 18 years of age who is enrolled in a behind the wheel driver education course more than 60 days prior to the beginning of the practice driving phase of that driver education course.

Trans 102.19(2) (2) Moped and motor bicycle instruction permits.

Trans 102.19(2)(a) (a) In order to be issued a moped and motor bicycle instruction permit, a person must pass a knowledge test established by the department.

Trans 102.19(2)(b) (b) A person holding a moped or motor bicycle instruction permit, or regular instruction permit endorsed for moped and motor bicycle operation may operate a moped or motor bicycle only during daylight hours and may not carry passengers.

Trans 102.19 Note Note: See s. 343.07, Stats.

Trans 102.19 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; renum. (1) and (2) to be (2) (a) and (b), cr. (1), Register, January, 1997, No. 493, eff. 2-1-97.

Trans 102.20 Trans 102.20 Farm service CDLs.

Trans 102.20(1) (1) Purpose. The purpose of this section is to adopt a seasonal farm service waiver for CMV drivers consistent with those federal department of transportation regulations at 49 CFR 383.3(f).

Trans 102.20(2) (2) Definitions. In this section:

Trans 102.20(2)(a) (a) “Agri-chemical business” means a business that sells and delivers fertilizer, pesticides or other chemical compounds to farmers.

Trans 102.20(2)(b) (b) “CDL” means a commercial driver license.

Trans 102.20(2)(c) (c) “Convicted” or “conviction” has the meaning set forth in s. 340.01 (9r), Stats., and includes convictions under state law, convictions under local ordinances in conformity with state law, convictions under a law of federally recognized American Indian tribe or band in this state in conformity with state law, or convictions under the law of another jurisdiction which prohibits conduct similar to that prohibited under state law even if that jurisdiction’s law is not in conformity with state law.

Trans 102.20(2)(d) (d) “Custom harvester” means a business which is engaged solely in the provision of for hire harvesting services to farmers or engaged in canning, freezing or processing the crops being harvested.

Trans 102.20 Note Note: The licenses of temporary seasonal employees of custom harvester employers are limited to permit only transportation related to the harvesting of crops. See s. Trans 102.20 (8) (fm). A driver in this category may, for example, haul harvesting equipment to and from the fields where the harvest is conducted, and may haul harvested crops from the fields where harvested to a storage facility or food processing plant. Subsequent transportation of the harvested crops, however, such as to haul harvested crops from storage facilities to processing plants or to haul processed crops to market, are not permitted under a Farm Service CDL.

Trans 102.20(2)(e) (e) “Farm retail outlet” means a business engaged in the retail sale and delivery of farm supplies to farmers.

Trans 102.20(2)(f) (f) “Farm service CDL” means a restricted commercial driver license issued pursuant to this section.

Trans 102.20(2)(g) (g) “Farm service industry” means a farm retail outlet, a custom harvester, a livestock feeder or an agri-chemical business.

Trans 102.20(2)(h) (h) “Farmer” has the meaning set forth in s. 340.01 (18) (b), Stats.

Trans 102.20(2)(i) (i) “Livestock feeder” means a business that is licensed as an approved feed lot under s. ATCP 11.14.

Trans 102.20 Note Note: Section ATCP 11.14 was repealed eff. 10-1-06.

Trans 102.20(2)(j) (j) “Seasonal employment” means a period of employment that does not exceed 210 days per year.

Trans 102.20(2)(k) (k) “Seasonal period” means a continuous time period for which a farm service CDL permits limited operation of commercial motor vehicles.

Trans 102.20(3) (3) Eligibility. The department may issue a farm service CDL to any person who meets all of the following requirements:

Trans 102.20(3)(a) (a) Is employed in seasonal employment with a farm service industry.

Trans 102.20(3)(b) (b) Has held a class D operator’s license, other than an instruction permit for at least the one-year period preceding the date of application.

Trans 102.20(3)(c) (c) Meets the driver record requirements of sub. (4).

Trans 102.20(3)(d) (d) Has passed the test required under sub. (7).

Trans 102.20(3)(e) (e) Does not hold a CDL.

Trans 102.20(3)(f) (f) Meets the medical standards requirements of s. 343.065, Stats., and ch. Trans 112.

Trans 102.20(3)(g) (g) Is at least 18 years of age.

Trans 102.20(4) (4) Driver record requirements. The department may not issue or renew a farm service CDL to any person who at any time during the 2-year period preceding the date of application:

Trans 102.20(4)(a) (a) Held more than one operator’s license at one time, except that for purposes of this subdivision, a school bus or chauffeur’s license issued under s. 343.12 or 343.125, 1987 Stats., shall be counted with a regular license as a single license.

Trans 102.20(4)(b) (b) Had any driver license or operating privilege, in Wisconsin or any other jurisdiction, revoked, suspended or canceled as a result of a moving violation. Failure to pay a forfeiture resulting from a non-traffic offense is not a moving violation for purposes of this paragraph.

Trans 102.20(4)(c) (c) Was convicted of speeding in excess of 15 miles per hour over the applicable speed limit or any one violation listed as a disqualifying offense or serious traffic violation under s. 343.315 (2) (a), (e), (f) or (g), Stats., regardless of whether the person was operating a commercial motor vehicle at the time of the offense.

Trans 102.20(4)(d) (d) Was convicted of a violation of a law relating to motor vehicle traffic control arising in connection with any traffic accident, except a parking or safety belt violation.

Trans 102.20(4)(e) (e) Was at fault in any motor vehicle accident.

Trans 102.20(4)(f) (f) Was convicted of a violation of a law arising out of the person’s operating a vehicle type not authorized under a farm service CDL, violating a restriction of a farm service CDL, transporting hazardous materials not permitted under a farm service CDL, or operating a commercial motor vehicle outside the seasonal period provided for on a farm service CDL.

Trans 102.20(5) (5) Disqualification. The department shall revoke, suspend, cancel or disqualify the farm service CDL privilege of any person who is disqualified under s. 343.315, Stats.

Trans 102.20(6) (6) Application.

Trans 102.20(6)(a) (a) An application for a farm service CDL shall be made on forms provided by the department and shall include all requested information.

Trans 102.20(6)(b) (b) An original or renewal application for farm service CDL shall include all of the following:

Trans 102.20(6)(b)1. 1. A standard driver license application form.

Trans 102.20(6)(b)2. 2. A certification of the driver’s eligibility for the license.

Trans 102.20(6)(b)3. 3. The required fee.

Trans 102.20(6)(b)4. 4. Specification of the seasonal period for which the applicant seeks farm service CDL operating privileges.

Trans 102.20 Note Note: Driver License Application and renewal forms (MV3001 and MV3005) and Driver Certification forms (MV3586) may be obtained at any Division of Motor Vehicle Services Center or from the Wisconsin Department of Transportation, Bureau of Driver Services, License Issuance Unit, P.O. Box 7918, Madison, WI 53707-7918.

Trans 102.20(7) (7) Testing.