Trans 105.02 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (1), renum. (2), (3), (4) to be (4), (5), (6) and am. (4) and (5), cr. (2) Register December 2006 No. 612, eff. 1-1-07; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675. Trans 105.03Trans 105.03 Satisfactory driving record for driver instructor applicant or licensee. Trans 105.03(1)(1) A person’s driving record shall not be considered satisfactory to hold an instructor’s license if that person: Trans 105.03(1)(a)(a) Has accumulated more than 6 demerit points under s. 343.32 (2), Stats., during a one-year period, as specified in this paragraph and sub. (2). Trans 105.03(1)(a)1.1. The one-year period under this paragraph shall be measured from the dates of the violations which resulted in the accumulation of demerit points. Trans 105.03(1)(b)(b) Has been involved in 2 or more accidents in a one–year period where the crash report indicates that such person may have been causally negligent. If there is no traffic citation resulting in a conviction associated with the crash, the person is not considered negligent. Trans 105.03(1)(c)(c) Has had his or her operator’s license revoked, suspended or cancelled for a traffic violation other than a parking violation, at any time during the past 4 years, based on the conviction date or upon the effective date of the withdrawal of operating privileges, whichever is earlier. Trans 105.03(2)(a)(a) If an applicant for an instructor’s license accumulates more than 6 demerit points in a one-year period as provided in sub. (1) (a) in the year preceding application, the department shall deny the instructor’s license until one year elapses from the date of the most recent violation that resulted in the person’s accumulation of more than 6 demerit points. Trans 105.03(2)(b)(b) If a licensed instructor accumulates more than 6 demerit points in a one-year period as provided under sub. (1) (a), the department shall suspend the instructor’s license for a period of one year. The period of suspension shall be measured from the date that the department receives notice of the most recent conviction that resulted in the person’s accumulation of more than 6 demerit points. Trans 105.03 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 12-1-79; am. (1) (c) and (2), Register, October, 1985, No. 358, eff. 11-1-85.; renum. (1) (a) and (2) to be (1) (a) (intro) and Trans 105.035 (1) and am., cr. (1) (a) 1. and 2. and (2), Register, September, 1990, No. 417, eff. 10-1-90; CR 06-089: am. (1) (b) and (c) Register December 2006 No. 612, eff. 1-1-07. Trans 105.035(1)(1) For the purpose of determining the fitness of a person to hold a driver school license under s. 343.62 (4) (a) 8. and 9., Stats., the department shall consider all relevant arrests and convictions, and make such further examinations and checks as it determines are necessary. Trans 105.035(2)(2) The department may not issue or renew a driver school or instructor’s license issued under s. 343.61 or 343.62, Stats., to any person who, during their lifetime was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state: Trans 105.035(3)(3) The department may not issue or renew a driver school or instructor’s license issued under s. 343.61 or 343.62, Stats., to any person who within the past 10 years immediately preceding the date of application was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state: Trans 105.035(4)(4) The department may not issue or renew a driver school or instructor’s license issued under s. 343.61 or 343.62, Stats., to any person who within the past 5 years immediately preceding the date of application was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state: Trans 105.035(5)(5) The department may not issue or renew a driver school or instructor’s license issued under s. 343.61 or 343.62, Stats., to any person who within the past 2 years immediately preceding the date of application was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state: Trans 105.035 HistoryHistory: Cr. (2), (1) renum. from Trans 105.03 (2) and am., Register, September, 1990, No. 417, eff. 10-1-90; reprinted to correct error in (2), Register, November, 1990, No. 419, eff. 12-1-90; CR 06-089: am. (1), r. (2), cr. (2) to (5) Register December 2006 No. 612, eff. 1-1-07. Trans 105.04Trans 105.04 Driver school administrative procedures. Trans 105.04(1)(1) Application for a duplicate of a lost or destroyed license shall contain the information set forth in s. Trans 105.01 (1) (a), (b), and (d) and shall be accompanied by a certified statement that the original was lost or destroyed. The fee for a duplicate license is $5. Trans 105.04(2)(2) If a school terminates active participation in the business of teaching driver training for a fee, the school shall immediately forward such license to the department for cancellation. All unissued course completion slips shall be returned to the department. Trans 105.04 NoteNote: Form MV3192, course completion slips, may be obtained from the Division of Motor Vehicles, P. O. Box 7920, Madison, WI 53707-7920.
Trans 105.04(3)(a)(a) If a driver school terminates active participation in teaching driver training for a fee, the student shall do either of the following: Trans 105.04(3)(a)1.1. Begin the driver training over at a new school if the terminating school does not provide documentation to the new school of what instruction was completed. Trans 105.04(3)(a)2.2. Receive credit for the completed hours of driver training instruction when documentation of instruction is provided by the terminating school to the new school, but shall complete the remaining training with another school to meet the required driver education requirement. Trans 105.04(3)(b)(b) If the driver school does not refund the fees for the training paid for but not provided, the customer or the customer’s parent or legal guardian may contact the entity that provided the bond requirements under s. Trans 105.10 for a refund of the fees. Trans 105.04(5)(5) If an instructor is no longer employed with a driver school, the instructor shall surrender his or her license to the driver school. The driver school shall destroy the instructor’s license and notify the department in writing to cancel the license. Trans 105.04 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (1) and (2), renum. (3) to be (5) and am., cr. (3) Register December 2006 No. 612, eff. 1-1-07; CR 22-048: am. (3) (b) Register July 2023 No. 811, eff. 8-1-23. Trans 105.05Trans 105.05 Driver schools to maintain records. Trans 105.05(1)(1) The records required by s. 343.71, Stats., shall be made available for inspection at all reasonable times to an authorized representative of the department. Trans 105.05(2)(a)(a) The records required by s. 343.71 (1m), Stats., shall be kept for 4 years in a readily accessible format, and shall include the following information for each person to whom instruction is given: Trans 105.05(2)(a)5.5. The total number of hours of lessons, lectures, tutoring and other instruction or services of any kind relating to motor vehicle operation instructions. Trans 105.05(2)(b)(b) The information required under par. (a) 1. to 4. shall be recorded within 3 business days after the signing of a contract or agreement between the school and the student. Trans 105.05(2)(c)(c) The information required under par. (a) 5. shall be recorded within 3 business days after the last instruction or other service has been received by the student. Trans 105.05(3)(3) The records required by s. 343.71 (1m) (a), Stats., shall be in the form of an individual student record for each person listed in the records required by s. 343.71 (1m), Stats. Such record shall show the student’s name, date of birth, and address, and contract or agreement number, dates, types, duration and fees charged, lecture, tutoring, period of instruction or other service relating to instructions in the operation of motor vehicles; the name and license number of the instructor having given each lesson or period of instruction or service relating to instruction in the operation of motor vehicles, and identification of the vehicle in which any behind–the–wheel instruction was given. Schools participating in the cooperative driver testing program under s. Trans 105.015 shall also record the knowledge and highway signs scores for all tests attempted in the student record. The information required by this section shall be entered on the student record within one business day after the completion of each lesson. Trans 105.05(4)(4) To be approved, the agreement form required to be filed by s. 343.71 (1m) (b), Stats., shall be consecutively numbered, contain the date of application, name of school, type or types of lessons, lectures, tutoring or instruction to be given, fee to be charged or the word none if no charge, the statement, “This constitutes the entire agreement between the school and the customer and no verbal statement or promises will be recognized,” signature of customer, signature of student’s parent or guardian for customers under the age of 18, address of customer, and signature of owner of school or owner’s authorized representative. Trans 105.05(6)(6) The loss, mutilation, or destruction of records required under this section shall be reported immediately to the department by affidavit, stating: Trans 105.05(6)(b)(b) The circumstances involving such loss, destruction, or mutilation; and Trans 105.05(6)(c)(c) To whom and when the loss was reported, if the circumstances of the loss warranted a report to the local law enforcement agency or fire department. Trans 105.05 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (2) (a) (intro.), (b), (c), (3) and (4), r. (5) Register December 2006 No. 612, eff. 1-1-07; CR 22-048: am. (4) Register July 2023 No. 811, eff. 8-1-23. Trans 105.06Trans 105.06 General rules for conducting driver schools. Trans 105.06(2)(b)(b) Be in an area zoned to permit this type of business or a variance that authorizes the business to operate at this address. The department may require the applicant to furnish written proof thereof from the municipality where the driver school is located. Trans 105.06(2)(c)(c) Contain sufficient space, designated as the office facility, with equipment and personnel to properly maintain and secure the records required by s. 343.71, Stats., and this chapter. Trans 105.06(2)(d)(d) Not consist of a tent, temporary stand, house trailer, hotel room, room in a rooming house or temporary address. Trans 105.06(2)(e)(e) Not consist solely of a telephone answering service. Each school shall have a listed telephone number for the driver training school, in the school’s name. Trans 105.06(2)(f)1.1. Not consist of or include a single or multiple family residence, unless it is a separate room with direct entrance from outside of the residence. This paragraph applies to driver schools first licensed on or after January 1, 2007. Trans 105.06(2)(f)2.2. Not consist of or include a single or multiple family residence, unless it is separated from residential use by a door or partition and it can be reached from the outside without entering the residential rooms of the building. This paragraph applies to driver schools first licensed between January 1, 1969 and January 1, 2007. Driver schools licensed prior to January 1, 1969 are exempt from this requirement until either the location or ownership is changed. Trans 105.06(3)(3) Any facility to be used as a classroom shall be designated in writing by the licensee, and no instruction shall begin without written authorization by the department. Authorization by the department does not supersede local ordinances or the building, heating and ventilation code established by the department of industry, labor and human relations relating to public health, safety and sanitation. The department shall consider the following criteria in determining the suitability of the classroom learning environment: Trans 105.06(4)(4) No more than 35 students may be placed in any class section without the department’s approval. Class sections in excess of 35 students may be allowed only when facilities and lesson plans justify such instruction. Trans 105.06(5)(5) A licensee may not solicit business within 1500 feet of any department office where official road tests are given. This section does not apply in any of the following circumstances: Trans 105.06(5)(a)(a) The department relocates or establishes a new office within 1500 feet of an existing driver school. Trans 105.06(5)(b)(b) The municipality where the department office is located has a population less than 15,000. Trans 105.06(5)(c)(c) The department conducts business at the office less than 3 times per month. Trans 105.06(5)(d)(d) The driver school petitions the department for an exception, and the department, after researching customer needs, location, population, zoning and access, grants an exception. Trans 105.06(6)(6) Licensees not authorized to teach students under 18 years of age may not advertise in a manner that states or implies that such services are provided. Trans 105.06(7)(7) Licensees may advertise only by the school name shown on its license. Trans 105.06(8)(8) Licensees shall supply the information required by s. 343.72 (11), Stats., to the attention of the department immediately upon purchase or lease of each driver training car. Trans 105.06(9)(9) Licensees may not charge fees in excess of those on file with the department. Fees may be amended at any time, provided such changes are filed with the department not later than the day they become effective. Trans 105.06(10)(10) Approved dual controls required by s. 343.72 (12), Stats., include but are not limited to a separate brake for the instructor which is located on the right side of the car so the instructor can safely operate the controls, and a separate mirror on the right, outside of the car, positioned so the instructor can view traffic to the rear. An authorized representative of the department may make random inspections to assure compliance with this subsection. Trans 105.06(11)(11) A licensee using a vehicle that is more than 3 years old or whose odometer reading is greater than 100,000 miles to conduct behind-the-wheel training shall ensure all of the following with respect to the vehicle: Trans 105.06(11)(a)(a) Be certified to meet all manufacture specifications for the vehicle type, model, and year, within 30 days of being put into service. Certification may be completed by a motor vehicle repair shop. For purposes of this paragraph, a “motor vehicle repair shop” means a natural person, corporation, partnership or other business association or entity engaged in the motor vehicle repair business, but does not include a shop that repairs motor vehicles for a single business entity or for 2 or more entities subject to common control. Trans 105.06(11)(b)(b) Submit to an annual vehicle inspection certification by an authorized service facility. The inspection shall be done before the annual anniversary date of the certification that the vehicle was put into service. If a vehicle was less than 3 years old, the inspection should be done before the vehicle is 3 years old or before the vehicle’s odometer reading is greater than 100,000 miles. The safety certification shall be on a form defined by the department and at a minimum include the name of school, vehicle make, vehicle model, vehicle identification number, and a date and signature certifying the vehicle meets or exceeds safety standards. Trans 105.06 NoteNote: Form MV3264 can be obtained by writing to the Division of Motor Vehicles, Bureau of Driver Services, P. O. Box 7920, Madison, WI 53707-7920, or by calling (608) 264-7095.
Trans 105.06(12)(12) If the department deems a vehicle of any age unsafe, the department shall order a vehicle out of service until it is repaired. If the only vehicle in the school fleet is ordered out of service, the school may not perform behind the wheel instruction until the vehicle is certified as safe. Use of a vehicle after being ordered out of service shall result in points being assessed under s. Trans 105.11. Trans 105.06(13)(13) Licensees shall give behind-the-wheel instruction only in driver training cars, except such instruction may be given to persons who now hold or previously held an operator’s license or have completed 6 clock hours of behind-the-wheel instruction given by a high school, technical college, institution of higher learning, or school licensed by the department. Trans 105.06(14)(14) The department may deny the application if it determines the school name could be duplicative, confusing or fraudulent. Any change of the school’s name, address, or ownership must be approved in advance by the department. Trans 105.06 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 12-1-79; correction in (11) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488; CR 06-089: am. (2) (intro.), (b), (e), (7) and (10), r. (2) (a), renum. (2) (f), (11) and (12) to be (2) (f) 2., (13) and (14) and am. (2) (f) 2., cr. (2) (f) 1., (3) (f), (11) and (12), r. and recr. (5) Register December 2006 No. 612, eff. 1-1-07; 2023 Wis. Act 202: am. (5) (b) Register April 2024 No. 820, eff. 5-1-24. Trans 105.07Trans 105.07 Special rules for instruction of students under 18 years of age.
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