Chapter Trans 105

Trans 105.07(1)(b)3.d. d. Type of lesson (method; such as lecture, demonstration, informal discussion, role playing, laboratory, drill and practice, test, etc.).

Trans 105.07(1)(b)3.e. e. Training aides (chalkboard, slide projector, etc.).

Trans 105.07(1)(b)3.f. f. Statement of objectives.

Trans 105.07(1)(b)3.g. g. Reference material (textbooks, pamphlets, movies, film strips, slides, charts, etc.).

Trans 105.07(1)(b)3.h. h. Detailed lesson outline (which includes an introduction, development and summary with assignment for next lesson).

Trans 105.07(1)(c) (c) A student who satisfactorily completes the approved course and satisfies all financial obligations required by the student’s contract with the school shall be given a certificate of completion on a form approved by the department.

Trans 105.07(2) (2) 

Trans 105.07(2)(a) (a) In order to be eligible for approval under this section, a classroom phase of instruction shall consist of 30 clock hours in the classroom, extending over a minimum of 3 weeks for each student at no more than 2 clock hours per day. A course is not approved when students begin the class on alternate days. All students must be present for every session except if a student is absent for any legitimate reason, the absence must be marked on the student’s record and the lessons missed must be made up. Classroom instruction and behind–the–wheel instruction may be given concurrently only if both phases are given by the same school.

Trans 105.07(2)(b) (b)

Trans 105.07(2)(b)1. 1. In order to be eligible for approval under this subsection, a behind-the-wheel phase of instruction shall consist of 6 clock hours of observation in the vehicle and 6 clock hours of actual vehicle operation. This phase shall extend over a minimum of 3 weeks for each student with no more than 1 hour of behind-the-wheel driving and no more than 2 hours of observation each day.

Trans 105.07(2)(b)2. 2. Behind-the-wheel instruction may be substituted for observation if the agreement specifies the hours and cost of both the basic course and the alternate. This substitution may be on a ratio of 1 hour of driving to 2 hours of observation.

Trans 105.07 Note Note: Example: 7 hours driving and 4 hours observation or 8 hours driving and 2 hours observation or 9 hours driving and no observation.

Trans 105.07(3) (3) For behind-the-wheel only instruction, a licensee may not begin behind-the-wheel training with a new student unless certified proof of completion of an approved classroom phase is on file with the agreement in the licensee’s office. However, this subdivision does not apply if the student is either enrolled in an approved behind–the–wheel phase at a different school or has completed the approved course, and the agreement specifies that the instruction does not qualify the student to apply for a license under s. 343.06 (3), Stats.

Trans 105.07(4) (4) 

Trans 105.07(4)(a) (a) Licensees not meeting the requirements of sub. (2) (a) and (b) shall be restricted to instruction of students who are 18 years of age or over.

Trans 105.07(4)(b) (b) Licensees meeting the requirement of sub. (2) (b) but not (2) (a) shall be restricted when instructing students under 18 years of age to a behind-the-wheel course only.

Trans 105.07(4)(c) (c) Licensees may employ instructors who are licensed to teach adults only, so long as those instructors are not involved directly or indirectly in the instruction of persons under 18 years of age.

Trans 105.07(5) (5) All applicants for an instructor’s license shall have satisfactorily completed 40 clock hours of classroom instruction in safety and driver education as given by an approved driving school instructor training program as a minimum requirement to teach students except that:

Trans 105.07(5)(a) (a) Instructors licensed prior to January 1, 1971 with more than 1 year experience teaching students in a complete course of instruction as set forth in sub. (2) (a) and (b) are exempt from this requirement.

Trans 105.07(5)(b) (b) Instructors licensed prior to January 1, 1971 with more than 1 year experience teaching students in a behind-the-wheel course as set forth in sub. (2) (b) are exempt from this requirement only to continue teaching a behind-the-wheel course.

Trans 105.07(5)(c) (c) Teachers who are at the time of application certified to teach driver education in secondary schools or technical colleges by current rules of the department of public instruction or the technical college system board are exempt from this requirement.

Trans 105.07(6) (6) Applicants for instructor’s license renewal whose license has been expired for 4 years or more must satisfactorily complete the course specified in sub. (5), unless certified as specified in sub. (5) (c).

Trans 105.07(7) (7) An applicant for an instructor’s license renewal shall attend at least one approved traffic safety related workshop or conference per licensing period.

Trans 105.07 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; corrections in (5) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488; CR 06-089: am. (1) (b) (intro.), 1. (intro.), 3. (intro.), (c), (2) (a), (3) and (5) (intro.), r. (1) (b) 1. a. and (5) (d), cr. (1) (b) 1. L. and (7) Register December 2006 No. 612, eff. 1-1-07; CR 22-048: am. (1) (c) Register July 2023 No. 811, eff. 8-1-23.

Trans 105.09 Trans 105.09 Time period for review and determination of eligibility.

Trans 105.09(1) (1) A determination of the eligibility for instructor’s license shall be made no later than the close of the business day 5 full business days after the day a complete application is received by the department’s bureau responsible for driver schools and instructors. An application is complete when:

Trans 105.09(1)(a) (a) All the required sections of the application are accurately completed.

Trans 105.09(1)(b) (b) All examinations have been passed.

Trans 105.09(1)(c) (c) The official conviction record has been received.

Trans 105.09(2) (2) A determination of the eligibility for a driver school license shall be made no later than the close of the business day, 5 full business days after the day a completed application is received by the department’s bureau responsible for driver schools and instructors. An application is complete when:

Trans 105.09(2)(a) (a) All the required sections of the application are accurately completed.

Trans 105.09(2)(b) (b) All the applicable requirements of this chapter including inspection of place of business, required records, driver training cars, insurance policy and driver education program have been completed or are available for review.

Trans 105.09(2)(c) (c) The official conviction record has been received.

Trans 105.09(3) (3) When a hearing is provided it will be held after the determination of eligibility by the department. Hearings for driver schools and instructors are held by the division of hearings and appeals as required by s. 343.69, Stats.

Trans 105.09 Note Note: Applications can be obtained from, and should be returned to: Department of Transportation, Bureau of Driver Services, Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin 53702.

Trans 105.09 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488.

Trans 105.10 Trans 105.10 Insurance and bond requirements.

Trans 105.10(1) (1) A driver school shall do all of the following:

Trans 105.10(1)(a) (a) Hold minimum insurance of not less than $500,000 because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than $500,000 because of bodily injury to or death of 2 or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $50,000 because of injury to or destruction of property of others in any one accident.

Trans 105.10(1)(b) (b) Adjust the insurance amounts under par. (a) every 5 years by multiplying the requirement amounts by the percentage increase of the consumer price index from January 1, 2007 to January 1 of the next fifth year [2012, 2017] and adding that amount to the amounts in par. (a) rounded to the nearest $10,000 increment.

Trans 105.10(1)(c) (c) Maintain a standard liability insurance of not less than $500,000.

Trans 105.10(1)(d) (d) File certification of insurance with the department.

Trans 105.10(1)(e) (e) Require the insurance carrier to notify the department not less than 30 days before the policy expires or is materially changed or canceled.

Trans 105.10(2) (2) The schools shall file a bond or acceptable alternative based on size and performance. The size of the school and points assessed during the last previous license period shall be used to calculate the bond amount.

CALCULATIONS

- See PDF for table

Trans 105.10(3) (3) Customer shall apply to bond company if obligations of the training contract cannot be met.

Trans 105.10(4) (4) Points are assessed based on violation frequency and severity. Points are assessed based on the system specified in s. Trans 105.11.

Trans 105.10(5) (5) Certification of the bond must be filed with the department at renewal of the school license.

Trans 105.10 History History: CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.

Trans 105.11 Trans 105.11 Driver school point system.

Trans 105.11(1) (1) The department may assess points against a driver school or instructor that has violated any provision in ss. 343.60 to 343.72, Stats., or rules interpreting ss. 343.60 to 343.72, Stats., that constitute grounds for the suspension or revocation of their license. The department shall provide a licensee or applicant written notice of a point assessment. Written notice of a point assessment shall specify the reasons for the point assessment. All points assessed by the department shall remain in effect for the duration for the next 24 months, and any new point assessments shall be added to the existing point total for that licensee throughout the next 24 months.

Trans 105.11(2) (2) The department shall use the points assessed to determine the amount of bond required for the next licensing period.

Trans 105.11(3) (3) The department may take licensing action under the system of progressive enforcement described in s. Trans 105.12, based on the number of points assessed. If applicable, the written notice specified in sub. (1) may include the issuance of a complaint to revoke or suspend a license, a written stipulation to a conditional license, a civil forfeiture complaint, or notice of denial of a license.

Trans 105.11(4) (4) Points shall be assessed according to the following scale:

Trans 105.11(4)(a) (a) Six points are assessed for any of the following:

Trans 105.11(4)(a)1. 1. Having one’s school or instructor license withdrawn.

Trans 105.11(4)(a)2. 2. Having 6 or more substantiated customer complaints within a license period.

Trans 105.11(4)(a)3. 3. Providing documentation or information to the department on any matter regulated by subch. VI of ch. 343, Stats., or this chapter which contains a false statement as to any material matter.

Trans 105.11(4)(a)4. 4. Permitting actions that could harm the customer physically or financially.

Trans 105.11(4)(a)5. 5. Performing work duties after consuming any alcohol or controlled substance or other drug that impairs ability to drive a motor vehicle.

Trans 105.11(4)(a)6. 6. Failing to comply with DMV warning letter.

Trans 105.11(4)(a)7. 7. Substantiated complaint from a parent, legal guardian or customer of inappropriate conduct or actions with the customer.

Trans 105.11(4)(a)8. 8. Violating ss. 343.60 to 343.72, Stats., that significantly harm highway safety.

Trans 105.11(4)(a)9. 9. Instructing at a driver training school without the proper license.

Trans 105.11(4)(b) (b) Four points are assessed for any of the following:

Trans 105.11(4)(b)1. 1. Not complying with renewal criteria within 30 days of written request by DMV.

Trans 105.11(4)(b)2. 2. Having 5 substantiated customer complaints in a license period.

Trans 105.11(4)(b)3. 3. Continuing to use a vehicle that is out of service for driver training.

Trans 105.11(4)(b)4. 4. Having not filed school insurance and/or bond with the department.

Trans 105.11(4)(b)5. 5. Failing to resolve audit violations or discrepancies in time specified.

Trans 105.11(4)(b)6. 6. Filing complaints about another school that are not substantiated.

Trans 105.11(4)(b)7. 7. Soliciting complaints or providing training prior to licensure.

Trans 105.11(4)(b)8. 8. Insolvency or bankruptcy.

Trans 105.11(4)(b)9. 9. Failing to timely pay debts owed the state.

Trans 105.11(4)(b)10. 10. Violating ss. 343.60 to 343.72, Stats., that result in unfair advantage to a school or harms another school.

Trans 105.11(4)(c) (c) Two points are assessed for any of the following:

Trans 105.11(4)(c)1. 1. Having 4 substantiated customer complaints within a license period.

Trans 105.11(4)(c)2. 2. Not filing required vehicle inspections with the department.

Trans 105.11(4)(c)3. 3. Not notifying the department when students are no longer enrolled.

Trans 105.11(4)(c)4. 4. Having a significant discrepancy in business records.

Trans 105.11(4)(c)5. 5. Providing a student with a signed MV3001 document prior to receipt of a signed contract or agreement.

Trans 105.11(4)(c)6. 6. Violating ss. 343.60 to 343.72, Stats., that do not harm the customer or impact highway safety.

Trans 105.11(4)(d) (d) One point is assessed for either of the following:

Trans 105.11(4)(d)1. 1. Three substantiated customer complaints within a license period.

Trans 105.11(4)(d)2. 2. Violation of s. 343.61 (4) (b), Stats., relating to office location and facility locations.

Trans 105.11 History History: CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07; correction in (4) (d) 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 105.12 Trans 105.12 Progressive enforcement actions.

Trans 105.12(1) (1) Before recording points, the department shall notify the school or the instructor of the reason for the proposed action. The school or instructor may respond within 10 days. Upon due consideration the department shall act. The department may: