Chapter Trans 106

Trans 106.02 Trans 106.02 Definitions. The words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

Trans 106.02(1) (1) “AODA” means alcohol and other drug abuse.

Trans 106.02(1m) (1m) “Assessment” means an examination of a person’s use of alcohol or other drugs, or both, and the development of a driver safety plan for the person by an approved public treatment facility as defined in s. 51.45 (2) (c), Stats., or by a comparable treatment facility lawfully established in another state.

Trans 106.02(2) (2) “Assessment facility or agency” means an alcohol and drug abuse approved public treatment facility, as defined in s. 51.45 (2) (c), Stats., which is also approved for one or more programs under ss. HFS 61.54 to 61.57 and 61.59 to 61.68 and is designated by a board to conduct assessments, or by a comparable treatment facility lawfully established in another state.

Trans 106.02 Note Note: Sections HFS 61.50 to 61.68 were repealed eff. 8-1-00 and replaced by Ch. HFS 75 (currently ch. DHS 75).

Trans 106.02(3) (3) “Board” means the county department under s. 51.42, Stats., which is responsible for each county’s provision of alcohol and drug abuse services under ss. 51.42 and 51.45, Stats.

Trans 106.02(4) (4) “Designated traffic safety school coordinator” means an individual appointed by the Wisconsin technical college district or assessment agency, for the Sauk and Dodge county programs, to oversee the traffic safety school program.

Trans 106.02(5) (5) “General traffic safety program” means a course that is approved by the department under s. 345.60, Stats., and that encourages students to examine and change their driving habits, attitudes and life styles to improve their ability to operate a motor vehicle safely.

Trans 106.02(6) (6) “Group dynamics traffic safety program” means a course that is approved by the department under s. 345.60, Stats., and that encourages students to examine their chemical use habits, discuss their chemical use and their driving behavior and formulate an alternative life style which would improve their ability to safely operate a motor vehicle.

Trans 106.02(7) (7) “Moving violation” means a violation as defined in s. 343.01 (2) (cg), Stats.

Trans 106.02(8) (8) “Multiple offender traffic safety program” means a course that is approved by the department under s. 345.60, Stats., and encourages students who have had multiple traffic offenses involving chemical use to examine their chemical use habits, discuss their chemical use and their driving behavior and formulate an alternative life style which would improve their ability to safely operate a motor vehicle.

Trans 106.02(9) (9) “OWI” means operating while intoxicated.

Trans 106.02(10) (10) “OWI-related charge” means any charge involving the operation of a motor vehicle while intoxicated and not defined under s. 346.63 (1), Stats., or a local, tribal or other jurisdiction law in conformity with s. 346.63 (1), Stats. It includes a charge of causing injury while under the influence of an intoxicant or controlled substance to another person by the operation of a vehicle, a charge of refusing to submit to chemical testing, a charge of injury by intoxicated use of a vehicle or a charge of homicide by intoxicated use of a vehicle.

Trans 106.02(11) (11) “Satisfactory driving record” means a driving record that does not contain moving violations which result in more than 6 demerit points within a one year period, by date of violation, or does not indicate that the applicant was, within one year, by date of violation, causally negligent in 2 or more traffic collisions or does not contain a conviction for OWI or any OWI-related charge. Out-of-state traffic convictions and accidents shall be treated as though they occurred in Wisconsin.

Trans 106.02(12) (12) “School” means an institution providing one or more of the programs defined in sub. (4), (5), (6) or (7) and authorized under s. 345.60, Stats.

Trans 106.02(13) (13) “WTC” means Wisconsin technical college system.

Trans 106.02 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. (1), (7) and (8) to be (1m), (8) and (12), cr. (1), (7), (10), (11) and (13), r. and recr. (4) and (9), Register, March, 1996, No. 483, eff. 4-1-96; correction in (2) made under s. 13.93 (2m) (b) 7, Stats., Register, April, 2000, No. 532.

Trans 106.03 Trans 106.03 General rules for conducting traffic safety programs.

Trans 106.03(1) (1) General traffic safety, group dynamics and multiple offender traffic safety programs and their curricula shall be approved by the department.

Trans 106.03(2) (2) A general traffic safety program shall meet the following conditions:

Trans 106.03(2)(a) (a) Only one traffic safety school program may be certified in each WTC district.

Trans 106.03(2)(b) (b) Within each program, all site locations shall be approved by the department and issued a site certification number. Population density shall be considered in the approval process.

Trans 106.03(2)(c) (c) At each site, one general traffic safety program course shall be conducted each year.

Trans 106.03(2)(d) (d) Classroom instruction shall be a minimum of 12 hours. Sessions shall be held not less than once per month nor for a period of greater than 4 months, and may not exceed 6 hours per week.

Trans 106.03(2)(e) (e) Class size may not exceed 20 students. Any exceptions to this limit shall be approved by the traffic safety school program manager prior to course completion.

Trans 106.03(3) (3) A group dynamics traffic safety program shall meet the following conditions:

Trans 106.03(3)(a) (a) Only one group dynamics traffic safety school program may be certified in each WTC district unless the department determines that there is a need for additional programs in a district.

Trans 106.03(3)(b) (b) Within each program, all site locations shall be approved by the department and issued a site certification number. Population density shall be considered in the approval process.

Trans 106.03(3)(c) (c) At each site, one group dynamics traffic safety program course shall be conducted each year.

Trans 106.03(3)(d) (d) Classroom instruction shall be a minimum of 21 hours. Sessions shall be held not less than once per month nor for a period of greater than 4 months, and may not exceed 6 hours per week, and shall include an exit interview.

Trans 106.03(3)(e) (e) Class size may not exceed 15 students. Any exceptions to this limit shall be approved by the traffic safety school program manager prior to course completion.

Trans 106.03(4) (4) A multiple offender traffic safety program shall meet the following conditions:

Trans 106.03(4)(a) (a) Only one multiple offender traffic safety school program may be certified in each WTC district unless the department determines that there is a need for additional programs in a district.

Trans 106.03(4)(b) (b) Within each program, all site locations shall be approved by the department and issued a site certification number. Population density shall be considered in the approval process.

Trans 106.03(4)(c) (c) At each site, one multiple offender traffic safety program course shall be conducted each year.

Trans 106.03(4)(d) (d) Classroom instruction shall be a minimum of 30 hours. Sessions shall be held not less than once per month nor for a period of greater than 4 months and may not exceed 6 hours per week, and shall include an exit interview.

Trans 106.03(4)(e) (e) No class may have more than 12 students. Any exceptions to this limit shall be approved by the traffic safety school program manager prior to course completion.

Trans 106.03(4)(f) (f) A family member or friend who is significant in the life of the student shall be involved in the course as is designated by the department approved curriculum.

Trans 106.03(4)(g) (g) A follow-up session shall be held with the student 3 months after completion of the basic 30 hours of the course. The session shall follow the guidelines of the department approved curriculum.

Trans 106.03(5) (5) A school shall notify the department, the assessment facility, and the student of a student’s compliance or noncompliance with the requirements of the school as specified in sub. (6) and as required by ss. 343.30 (1q) (d) and 343.305 (10), Stats.

Trans 106.03(6) (6) Satisfactory completion of the course shall require all of the following:

Trans 106.03(6)(a) (a) Except as provided in subds. 3. to 5., attendance at all scheduled classes.

Trans 106.03(6)(a)1. 1. A student shall attend the first class session. If the student fails to attend the first class, the student shall either be allowed to register for another class within 10 business days or shall be placed in noncompliance.

Trans 106.03(6)(a)2. 2. A student may be excused only if the student is hospitalized, under a doctor’s care, attending an immediate family member’s funeral, or has a family health emergency or an emergency work situation. Verification of the excusable absence is required.

Trans 106.03(6)(a)3. 3. No student who is tardy by more than 20 minutes may receive credit for the class. Only one tardy, less than 20 minutes, shall be allowed.

Trans 106.03(6)(a)4. 4. Only one excusable absence shall be permitted in a course. No absence may be allowed for classes which meet for more than 3 hours.

Trans 106.03(6)(a)5. 5. If an excusable absence occurs, the missed time shall be made up to the satisfaction of the instructor.

Trans 106.03(6)(b) (b) Completion of all course requirements, whether assigned to be completed during class or during other times.

Trans 106.03(6)(c) (c) Completion of course registration.

Trans 106.03(6)(d) (d) Compliance with the requirement that no alcohol, other drugs or disruptive behavior shall be permitted in the class.

Trans 106.03(6)(e) (e) A student who enrolls for the third time in a group dynamics or multiple offender traffic safety course shall complete the entire course before the student is eligible for the return of an operator’s license.

Trans 106.03(6)(f) (f) A student shall complete a program within one year from the date of the student’s assessment unless the driver safety plan is extended by the assessment agency.

Trans 106.03(7) (7) After a student completes a course, the school shall do all of the following:

Trans 106.03(7)(a) (a) File the original course completion certificate with the department within 30 days following the course completion date.

Trans 106.03(7)(b) (b) Retain a copy of the course completion certificate and provide a copy to the following:

Trans 106.03(7)(b)1. 1. The court, when required.

Trans 106.03(7)(b)2. 2. The assessment agency, when required.

Trans 106.03(7)(b)3. 3. The student.

Trans 106.03(8) (8) During a course, a student may request a 3 point reduction in the points assessed against the student’s operator’s license. Within 30 days after the student completes a course, a student may notify the department in writing that the student has changed the student’s position about point reduction. Pursuant to s. 343.32 (5), Stats., and s. Trans 101.07 (1), the 3 point reduction is conditioned on satisfactory completion of an approved program.

Trans 106.03(9) (9) A quarterly report on a form provided by the department shall be completed by each school and submitted to the department.

Trans 106.03(10) (10) A school shall use the student and instructor evaluation reports found in the approved curriculum. If such evaluations are not part of an approved curriculum, the school shall develop its own forms, which shall be submitted to, and approved by, the department.

Trans 106.03(11) (11) A school shall evaluate all certified instructors during each certification period. An evaluation shall be based on a visitation to at least one of an instructor’s class sessions. An instructor evaluation form completed for every instructor shall be filed with the department and a copy given to the instructor. In those cases where the designated coordinator is also an instructor, the designated coordinator shall be evaluated by the designated coordinator’s immediate supervisor. If an instructor teaches at more than one school, only one evaluation is required to be filed with the department. The evaluation to be filed shall be determined mutually by the schools involved.

Trans 106.03(12) (12) A school and its instructors shall participate in 6 hours of in-service training during each 2-year certification period. Attendance at all department-sponsored in-services is mandatory.

Trans 106.03(13) (13) A school may transfer a student to another location, but it shall report the transfer to the department, in writing as designated by the department, and forward a copy to the assessment agency of record.

Trans 106.03 Note Note: Forms MVD 3301, MV 3302, MV 3304.

Trans 106.03 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. (1), (2) (intro.), (a), (d) and (e), r. (3), renum. (4) to (13) to be (3) to (12) and am. (3) (intro.), (a), (d) and (e), (4) (intro.), (a), (d) to (g), (5), (6) (intro.), (a), (e) and (f), (8), (10) to (12), cr. (13), Register, March, 1996, No. 483, eff. 4-1-96.

Trans 106.04 Trans 106.04 Cancellation of traffic safety school certification.

Trans 106.04(1) (1) A school certification may be suspended or cancelled for failure to comply with s. Trans 106.03.

Trans 106.04(2) (2) The appeal process for any school or instructor wishing to appeal the cancellation of a certification is as follows:

Trans 106.04(2)(a) (a) A school or instructor may request a redetermination. The request for redetermination shall be written and shall set forth clearly and concisely the specific grievances to the action, including a statement of the relevant facts and provisions of law upon which the request is based.

Trans 106.04(2)(b) (b) A request for redetermination shall be filed with the manager of the division of motor vehicles traffic safety school program and shall be received by the division of motor vehicles traffic safety school program within 30 days of the date that the department cancelled the certification.

Trans 106.04(2)(c) (c) The division of motor vehicles traffic safety school manager, the supervisor of that position and the director of the bureau of driver services shall conduct a determination and shall notify the requestor of their decision within 30 days of receipt of the request for redetermination.

Trans 106.04(2)(d) (d) If aggrieved, the requestor may, within 30 days of the date of the division’s redetermination, appeal the division’s redetermination by filing a written petition to the department of administration, division of hearings and appeals. The decision of the division of hearings and appeals is the final administrative decision but is subject to judicial review under s. 227.52, Stats.

Trans 106.04 Note Note: The Division of Hearings and Appeals is located at 5005 University Avenue, Suite 201, Madison, WI 53705.

Trans 106.04(3) (3) Any school found to be in violation of s. Trans 106.03 shall first be placed on a 6 month probation. Written notice of the probation and the reasons for the probation shall be provided. Written notification of the action taken to eliminate the deficiencies existing at the time the school was placed on probation shall be provided by the school at the end of the probation period. If deficiencies have not been eliminated, the school’s certification shall be cancelled.

Trans 106.04 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. to be (1), cr. (2) and (3), Register, March, 1996, No. 483, eff. 4-1-96.

Trans 106.05 Trans 106.05 School recertification after denial or cancellation. A school may be recertified after denial or cancellation of certification if the school submits an application to the department accompanied by letters or other documents that provide sufficient information about the methods for change it has initiated or accomplished. A recertification decision shall be based on the action taken to eliminate the deficiencies that existed at the time of the denial or cancellation.

Trans 106.05 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92.

Trans 106.06 Trans 106.06 Instructor certification standards.

Trans 106.06(1) (1) To obtain a department instructor certification, a person shall do all of the following:

Trans 106.06(1)(a) (a) Hold a valid motor vehicle operator’s license from the department or from the appropriate authority in the other jurisdiction in which the person resides. A nonresident shall provide the department with all of the following:

Trans 106.06(1)(a)1. 1. A record of the nonresident’s operator’s license status and traffic convictions at the time of application for certification.

Trans 106.06(1)(a)2. 2. A report of any traffic conviction, while the person is certified, within 30 days of that conviction, whether it occurs in Wisconsin or another jurisdiction.

Trans 106.06(1)(b) (b) Have a satisfactory driving record.

Trans 106.06(1)(b)1. 1. An applicant may not be certified until 6 months from the date of conviction of the violation which places the point total over 6 points or until one year from the date of an OWI conviction.

Trans 106.06(1)(b)2. 2. An applicant is not eligible to receive a 3 point reduction by completing a traffic safety school course.

Trans 106.06(1)(c) (c) Attend and observe all class sessions of the course for which the applicant has applied to be certified. All the sessions attended shall be taught by a certified program instructor.

Trans 106.06(1)(d) (d) Submit to the department an instructor certification application for each school.

Trans 106.06(2) (2) An instructor’s certification is valid from the date of the department’s approval until July 1 of an odd-numbered year.