Trans 129.09(5)
(5)
Range instruction. A rider coach may exclude students who, in a rider coach's opinion, demonstrate a lack of the skill, attention, or cooperation needed to safely complete the range portion of a course from further participation in range exercises in that course. This shall not preclude the student from participating in range exercises in a rider course at another time or location. Actions taken under this subsection must be consistent with standards set by the curriculum provider.
Trans 129.09 Note
Note: Learning to ride a motorcycle is a physical skill. A person's learning abilities and physical coordination may affect the person's ability to master the skills involved. Because the skills used in earlier training exercises are fundamental and needed to complete later exercises, in the interest of safety, a rider coach may counsel a person to self-evaluate and possibly withdraw from range instruction. For example, a person who cannot master manipulation of the clutch and shifting a standard transmission in the class time allotted for learning that skill might prove a danger to other participants. The rider coach has authority, under this rule, to exclude a person from the remaining range exercises. Actions taken under this authority must be consistent with the standards set forth in the Motorcycle Safety Foundation Standards. The Wisconsin attorney general approved incorporation of these standards by reference on February 19, 2024, as required by s.
227.21 (2), Stats. Copies of these standards are available through the Wisconsin Motorcycle Safety Program State Administrator or the Legislative Reference Bureau.
Trans 129.09(6)
(6)
Skills and knowledge testing. All students shall be afforded an opportunity to participate in department-approved classroom knowledge and end-of-course range skills testing.
Trans 129.09(6)(a)
(a) Students shall successfully complete classroom knowledge testing to qualify for a demerit point reduction.
Trans 129.09(6)(b)
(b) Students shall successfully complete both classroom knowledge testing and end-of-course range skills testing to qualify for a skills test waiver.
Trans 129.09 History
History: Cr.
Register, January, 1998, No. 505, eff. 2-1-98;
CR 04-132: am. (1) (b) and (2) (a)
Register April 2005 No. 592, eff. 5-1-05;
CR 07-084: am. (1) (f) and (2) (e), r. (3)
Register February 2008 No. 626, eff. 3-1-08;
CR 23-043: am. (title), (1) (intro.), (a), (b), (d) (intro.), 3., r. (1) (e), renum. (1) (f) to (3) and am., r. (1) (g), r. and recr. (2) (intro.), (a), am. (2) (b), r. and recr. (2) (e), r. (2) (f), cr. (2) (g), (4) to (6) Register November 2024 No. 827, eff. 12-1-24; (3) (title) created under s. 13.92 (4) (b) 2., Stats., and correction in (5) made under s. 35.17, Stats., Register November 2024 No. 827. Trans 129.10(1)(1)
Rider coach license requirement. A person providing training on the operation of motorcycles for motorcycle skills test waiver purposes or for demerit point reduction purposes shall be licensed as a rider coach.
Trans 129.10(1m)
(1m) Application. Rider coaches seeking a rider coach license to participate in the waiver of skills test program, demerit point reduction program, or both, shall complete and submit an application to the department on the department's form.
Trans 129.10(2)
(2)
License eligibility criteria. A person may not be licensed as a rider coach unless the person meets the requirements of par.
(a) or
(b) and pars.
(c) to
(g), and the driver record requirements of sub.
(3):
Trans 129.10(2)(a)
(a) The person has completed a rider coach preparation course in this state meeting the requirements of the curriculum provider.
Trans 129.10(2)(b)
(b) The person has completed a rider coach preparation course meeting the curriculum provider's requirements and approved by another jurisdiction, U.S. governmental agency, or a branch of the military, and has completed an out-of-state rider coach orientation course in this state or is authorized to grant skills test waivers in this state as December 1, 2024. To qualify under this paragraph, a person may be required to provide proof of completion of pre-course and course assignments from the rider coach preparation course the person attended.
Trans 129.10(2)(c)
(c) The person teaches 2 range and 2 classroom courses during each year of an authorization period.
Trans 129.10(2)(d)
(d) The person successfully completes a minimum of 6 hours of motorcycle rider education related professional development activity sponsored or approved by the department during each year subsequent to the year the person completes rider coach training described in par.
(a) or
(b).
Trans 129.10(2)(e)
(e) The person successfully completes all knowledge tests, all skill tests, and other evaluations required for rider coach certification.
Trans 129.10(2)(f)
(f) The person is certified as a rider coach by the curriculum provider.
Trans 129.10 Note
Note: Nothing in this rule prohibits a rider education provider or the curriculum provider from imposing more stringent driver record or background requirements upon instructors.
Trans 129.10(3)
(3)
Instructor driver record requirements. To be licensed as a rider coach, a person shall maintain a satisfactory driving record. A person's driving record may not be considered satisfactory under this subsection if that person:
Trans 129.10(3)(am)
(am) Has been convicted under s.
346.04 (2t) or
(3), under s.
346.57 (4) (a) to
(k) for speeding in excess of 20 miles per hour over the applicable speed limit, under 346.62, 346.63 (1), (2) or (6) (a), 346.67 (1), 346.70 (1) as an operator, under s.
346.94 (2), or, if the violation caused bodily harm, as defined in s. 939.22 (4), to another where persons engaged in work in a highway maintenance or construction area, utility work area, or emergency or roadside response area are at risk from traffic, under s.
346.04 (1) or
(2),
346.18 (6),
346.37,
346.39,
346.46 (1), or
346.57 (2),
(3),
(4) (d) to
(h), or
(5), or under an ordinance adopted in conformity with these offenses, or under any offenses in another jurisdiction that prohibits the following conduct as described in the other jurisdiction's laws:
Trans 129.10(3)(am)1.
1. Failure to perform duties required of a driver after an accident, such as stopping, exchanging driver information, or reporting an accident.
Trans 129.10(3)(am)2.
2. Fleeing or attempting to elude an officer, or knowingly resisting an officer by failing to stop a vehicle.
Trans 129.10(3)(am)3.
3. Operating a commercial vehicle with alcohol concentration of 0.04 or more but less than 0.1 and causing injury.
Trans 129.10(3)(am)5.
5. Operating while under influence of intoxicant or controlled substance, or with a prohibited alcohol concentration.
Trans 129.10 Note
Note: The offenses described would all be 6-point offenses if committed in this state. See s. Trans 101.02 (1). There is no requirement that the other jurisdiction's statute strictly conform to Wisconsin's, only that it prohibits similar conduct. Variations in language from that used in Wisconsin statutes is expected and will not render a violation dissimilar. The department considers the type of conduct prohibited by the other jurisdiction's law, not the particular conduct committed by the licensee.
Trans 129.10(3)(b)
(b) Has been involved in 2 or more accidents in the preceding year and the accident report for more than one accident indicates that the person may have been causally negligent.
Trans 129.10(3)(c)
(c) Has had his or her operator's license revoked or suspended for a traffic violation other than a parking violation, failure to pay a forfeiture or other debt of any type, at any time during the preceding year.
Trans 129.10 Note
Note: Nothing in this rule prohibits a rider education provider or the curriculum provider from imposing more stringent driver record or background requirements upon rider coaches.
Trans 129.10(4)(a)
(a) Conduct rider courses and programs at authorized training sites, in conjunction with an approved rider education provider, and in a manner that meets the standards required by the curriculum provider.
Trans 129.10(4)(b)
(b) Maintain a low risk and positive learning environment for all students.
Trans 129.10(4)(c)
(c) Follow riding practices consistent with the curriculum provider's teachings.
Trans 129.10(4)(d)
(d) Operate a motorcycle on a frequent, routine basis during the riding season.
Trans 129.10(4)(e)
(e) Ride, drive, and teach classes free of intoxicants, controlled substances, and controlled substance analogs as defined in ch.
340, Stats.
Trans 129.10(4)(f)
(f) Wear protective gear when riding to, from, and during on-cycle rider training activities.
Trans 129.10(4)(g)
(g) Complete rider coach or rider coach trainer professional development in addition to training required for initial licensure under this chapter if required by the curriculum provider or the department.
Trans 129.10(4)(h)
(h) Exhibit professional conduct, including having an appropriate appearance, using appropriate language, exhibiting positive verbal and written messages, and engaging in positive interaction with others that is free from intimidation or threat.
Trans 129.10(4)(i)
(i) Provide each student who successfully completes a rider course a course completion card. If the rider used a 3-wheeled vehicle on the range portion of the course, provide a notation that the course was completed on a 3-wheeled vehicle on the course completion card.
Trans 129.10(5)
(5)
Ineligibility for and suspension of rider coach license. Trans 129.10(5)(a)(a) The department shall suspend the license of or deny an application for a rider coach license for a person who does not meet the license eligibility criteria of sub.
(2), whose driver record does not meet the requirements of sub.
(3), or who does not meet the conduct requirements of sub.
(4).
Trans 129.10(5)(a)1.
1. A person whose license is suspended because the person does not meet the licensing criteria of sub.
(2) may reapply for a rider coach license or apply to apply reinstate a suspended rider coach license when the person is eligible licensing under sub.
(2).
Trans 129.10(5)(a)2.
2. A person whose license is suspended because the person failed to meet the driver record requirements of sub.
(3) may reapply for a rider coach license or apply to reinstate a suspended rider coach license one year from the conviction date for the latest offense that led to imposition of the suspension under sub.
(3), or the date that offense was reported to department as required by s.
Trans 129.23, whichever is later.
Trans 129.10(5)(a)3.
3. A person whose license is suspended because the person failed to meet the conduct requirements of sub.
(4) shall be eligible to reinstate the suspended rider coach license at the end of the suspension period.
Trans 129.10(5)(a)4.
4. A person whose license is suspended for any combination of the reasons specified in subd.
1. to
3. shall be eligible to reinstate the suspended rider coach license at the end of all of the suspension periods.
Trans 129.10(5)(b)
(b) The department shall suspend the license of a person whose authorization or certification to teach a curriculum is cancelled, suspended, revoked, or otherwise withdrawn by a curriculum provider. The person may reapply for or reinstate a rider coach license when the person is reauthorized to conduct training by the curriculum provider.
Trans 129.10(5)(c)
(c) No person may act as a classroom or range instructor at a school that issues skill test waivers or demerit point reductions if the person's rider coach license is cancelled or suspended.
Trans 129.10(5)(d)
(d) Rider coaches may be evaluated from time to time by the department. If the department evaluates a rider coach and determines that the individual fails to meet the standards set by this chapter, the department may require the rider coach to participate in a training program provided by the applicable curriculum provider, and may cancel that rider coach's license if the individual does not complete the required training within the time specified by the department.
Trans 129.10(6)(a)(a) The department shall assign all licensed rider coaches a rider coach number.
Trans 129.10(6)(b)
(b) A rider coach license shall be valid through the same date as the authorization the person receives from the curriculum provider to conduct motorcycle rider classes, unless the authorization from the curriculum provider is cancelled or suspended.
Trans 129.10 Note
Note: The intent of this provision is to reduce administrative burdens on rider coaches by having all reauthorization activities by the department and the curriculum provider coincide.
Trans 129.10(6)(c)
(c) The department shall evaluate each rider coach's qualifications under this section at least once during each license period and shall take action as required under sub.
(5) if the evaluation concludes that the rider coach is ineligible to be licensed.
Trans 129.10(7)
(7)
Rider coach training qualification. To develop and maintain a state-wide pool of motorcycle rider coaches, the department may manage enrollment into department-sponsored motorcycle rider coach instruction classes in any of the following manners:
Trans 129.10(7)(a)
(a) Exclude applicants from rider coach training classes who are not sponsored by a rider education provider.
Trans 129.10(7)(b)
(b) Grant preference to persons who are applying to become rider coaches in parts of the state where additional instructors are needed.
Trans 129.10(7)(c)
(c) Exclude applicants who do not meet the background or driver record qualification requirements for a motorcycle rider coach.
Trans 129.10(7)(d)
(d) Interview and select rider coach applicants who the interviewing panel concludes are most likely to succeed as motorcycle rider coaches.
Trans 129.10(7)(e)
(e) Limit the number of persons it will enroll in rider coach training classes if the number of applicants exceeds the number of available student positions in the department-sponsored rider coach training class.
Trans 129.10(8)
(8)
Rider coach trainers. The department may maintain a list of rider coach trainers who are certified by the curriculum provider as rider coach trainers, and who undergo all training and evaluations required to maintain that certification. Rider coach trainers shall be subject to the requirements of subs.
(2) and
(3) and hold a rider coach license. Only certified rider coach trainers may provide rider coach preparation courses or orientations.
Trans 129.10 Note
Note: Persons trained in other jurisdictions, or via training by the military or a federal agency may qualify as instructors under sub. (2) (b).
Trans 129.10 History
History: Cr.
Register, January, 1998, No. 505, eff. 2-1-98;
CR 07-084: am. (1), (2) (c), (d) and (4) (c), r. (2) (b), cr. (2) (e)
Register February 2008 No. 626, eff. 3-1-08;
CR 23-073: am. (title), renum. (1) to (1m) and am., renum. (1) from Trans 129.19 (1) and am., r. and recr. (2), am. (3) (intro.), (a), cr. (3) (am), am. (3) (b), r. and recr. (4), (5), cr. (6) to (8) Register November 2024 No. 827, eff. 12-1-24; correction in (3) (am) made under s. 35.17, Stats., Register November 2024 No. 827. Trans 129.11(1)(1)
Evaluation of basic rider education courses may include any of the following:
Trans 129.11(1)(a)
(a) An on-site inspection of the rider course program by personnel authorized by the department.
Trans 129.11(1)(b)
(b) A review of the ratio of passing to failing students, including reasons any students did not complete the course.
Trans 129.11(1)(c)
(c) Evaluation of the facilities and instruction for compliance with statutory requirements and these rules, and in a manner consistent with evaluation criteria specified by the curriculum provider.
Trans 129.11(2)
(2) An evaluation may not be conducted by a person who teaches at or is employed by the site that is subject to the evaluation.
Trans 129.11(3)
(3) On-site evaluation reports shall be submitted to the department within 10 days of the evaluation.
Trans 129.11 History
History: Cr.
Register, January, 1998, No. 505, eff. 2-1-98;
CR 07-084: renum. to be (1), cr. (2) and (3)
Register February 2008 No. 626, eff. 3-1-08;
CR 23-043: am. (1) (a), cr. (1) (c), am. (2) Register November 2024 No. 827, eff. 12-1-24.
Trans 129.12
Trans 129.12 Hearing following cancellation, suspension, or denial of licenses. Trans 129.12(2)
(2) A school or instructor may be reauthorized after cancellation or nonrenewal when all the following conditions have been met:
Trans 129.12(2)(a)
(a) Any period of cancellation as set by the department has been completed and any revoked or suspended instruction school or instructor license is reinstated.
Trans 129.12(2)(b)
(b) The school or instructor submits an application for reauthorization.
Trans 129.12(2)(c)
(c) The department is satisfied that the conditions which led to the cancellation have been corrected or no longer exist.
Trans 129.12(3)
(3) A person adversely affected by a cancellation, suspension, or refusal to issue or renew a license issued under this chapter may request a hearing before the department to review the cancellation, suspension, or nonrenewal. A request for hearing shall be made in writing and shall be filed with the department within 30 days of the date of the notice of cancellation or suspension or notice that the person's license may not be renewed or is denied. If the department receives a request for hearing which satisfies the requirements of this subsection, the department shall conduct a prompt informal hearing within 15 days after receiving the request. If the matter is not resolved after an informal hearing is completed, the person adversely affected by the department's licensing action may request a full evidentiary hearing before the department, pursuant to ch.
227, Stats. A request for hearing shall be in writing and shall be filed with the department within 30 days after the completion of the informal hearing. A request for an informal or a full evidentiary hearing does not stay the effect of a suspension, cancellation, denial, or nonrenewal, unless the suspension, cancellation, denial, or nonrenewal is expressly stayed in writing by the department.
Trans 129.12 Note
Note: Persons affected by sub. (1) (j) are afforded due process by a pre-license revocation hearing under s.
343.69, Stats.
Trans 129.12 History
History: Cr.
Register, January, 1998, No. 505, eff. 2-1-98;
CR 07-084: am. (1) (j)
Register February 2008 No. 626, eff. 3-1-08;
CR 23-043: am. (title), r. (1), am. (3) Register November 2024 No. 827, eff. 12-1-24.
Trans 129.13
Trans 129.13 Student participation reports and course completion cards. Trans 129.13(1)
(1) A rider education provider shall report all of the following to the department within 48 hours of completion of a rider education class for each student through the department's online driver education course information system:
Trans 129.13(1)(a)
(a) The name of the rider coach who taught the course attended by the student.
