Chapter Trans 105

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

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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:

Trans 105.12(1)(a) (a) Record points assessed to driver schools under s. Trans 105.11.

Trans 105.12(1)(b) (b) Record points assessed to instructors, including points assessed by a driver school the instructor has worked for or owned previously. Points assessed to instructor may also be assessed to a school.

Trans 105.12(1)(c) (c) Issue a conditional license when appropriate.

Trans 105.12(1)(d) (d) Record less than the assessed points.

Trans 105.12(2) (2) Based on the points assessed to driver schools and instructors under s. Trans 105.11 in the past 24 months, the following enforcement actions shall apply:

Trans 105.12(2)(a) (a) Level one enforcement action – one point assessed. An advisory letter may be sent to the driver school or instructor, asking for corrective action.

Trans 105.12(2)(b) (b) Level two enforcement action – one to 3 points assessed. The department may conduct an on-site inspection or audit. An advisory letter shall be sent. If a situation is unresolved after time specified in the advisory letter, the department may issue a conditional license under s. 343.61 or 343.62, Stats., restricted to classroom instruction only. Vehicles used by the driver school may also be ordered out of service, if the violation is related to the vehicle inspection. The restricted license may remain in effect until situation is resolved.

Trans 105.12(2)(c) (c) Level three enforcement action – 4 to 6 points assessed. A warning letter may be sent. The licenses issued under s. 343.61 or 343.62, Stats., may be revoked, suspended, or denied for 90 days.

Trans 105.12(2)(d) (d) Level four enforcement action – 6 or more points assessed. The licenses issued under s. 343.61 or 343.62, Stats., shall be revoked, suspended, or denied for 4 months to one year, based on point accumulation.

Trans 105.12(3) (3) All points assessed, administrative licensing suspensions, revocations, denials, or conditional licenses issued may be appealed under ch. 227, Stats.

Trans 105.12 History History: CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.