Chapter Trans 102

Trans 102.15(5)(d)1. 1. Remail the product to that same address. This option may not be exercised more than one time to a given address. If the U.S. postal service returns a product a second time, the address provided in the application shall be considered invalid and the application must be processed in accordance with subd. 2.

Trans 102.15(5)(d)2. 2. If the product is an original product, the department shall cancel and destroy the product and require resubmission of proofs of residence in accordance with par. (a). If the product is a duplicate or renewal product, the department shall hold the product for 30 days, then cancel and destroy the product if the applicant does not contact the department to obtain the product.

Trans 102.15(6) (6) 

Trans 102.15(6)(a) (a) The department shall collect a REAL ID compliant product applicant’s social security number and verify the social security number with the U.S. social security administration prior to issuance of any product. Nonresidents of the U.S. who lack work authorization and a social security number may provide alternative proof as provided in par. (b) for issuance of a REAL ID compliant product, except for a commercial driver license.

Trans 102.15(6)(b) (b) An applicant for a REAL ID compliant product, except an applicant for a commercial driver license, who has no social security number, has been admitted into the United States from another country, and lacks authorization to work in the U.S., may present a foreign passport, a visa to enter the U.S. affixed in that passport, and the approved I-94 form documenting the applicant’s most recent admission into the United States.

Trans 102.15(6)(c) (c) A person who applies for a REAL ID noncompliant product is required to provide a social security number, unless the applicant does not have a social security number and is not eligible for a social security number and submits a statement on a form provided by the department and subscribed under oath or affirmation or witnessed by a division of motor vehicles customer service representative that the applicant does not have a social security number and is not eligible for a social security number.

Trans 102.15 Note Note: See s. 343.14 (2) (br), Stats.

Trans 102.15(6)(d) (d)

Trans 102.15(6)(d)1. 1. The department shall verify an applicant’s social security number with the U.S. social security administration or through another method approved by the U.S. department of homeland security that the social security number presented as part of a REAL ID compliant product application is registered to the applicant.

Trans 102.15(6)(d)2. 2. If the social security number is not verified under subd. 1., the department may not issue a product to the applicant, delay issuance of a product if verification cannot be completed at the time of application, or cancel a product if verification is requested after product issuance and the applicant does not provide verification. The applicant may consult with the U.S. social security administration to determine the reason for that agency’s refusal to verify the applicant’s social security number. Upon resolution with the U.S. social security administration, the person may resubmit an application for verification by the department without additional fees.

Trans 102.15(6)(d)3. 3. The department shall verify the legal status of an applicant who is exempt from providing a social security number under par. (b) prior to issuing a product to the person. The department shall verify the applicant’s I-94 form and any document used as proof of identity or proof of lawful admission into the United States that has been issued by the department of homeland security. If the applicant presents multiple documents issued by department of homeland security, and the department is able to verify one document, the additional documents do not need to be verified.

Trans 102.15 Note Note: 6 CFR 37.13 (b) (1).

Trans 102.15(6)(d)4. 4. The department may not issue a product to an applicant if the department of homeland security does not verify the applicant’s legal status as provided in subd. 3. The department shall refer the applicant to the U.S. citizenship and immigration services to determine the reason for that agency’s refusal to verify the applicant’s legal status. Upon resolution with the U.S. citizenship and immigration service, the person may resubmit an application for a product to the department for verification without additional fees.

Trans 102.15(6)(d)5. 5. The applicant shall present the examiner the applicant’s original social security card or other documentation satisfactory to the department for verification, notwithstanding other provisions in this subsection, when any of the following apply:

Trans 102.15(6)(d)5.a. a. A duplicate social security number is found on the department’s driver files and assigned to another person.

Trans 102.15(6)(d)5.b. b. The social security number provided on the applicant’s current application does not match the number provided by the applicant on a previous application that is recorded on the applicant’s driver file.

Trans 102.15(6)(d)5.c. c. The social security number does not match the format of social security numbers issued by the U.S. social security administration.

Trans 102.15(6)(d)5.d. d. The department is advised by a state, federal, or local government agency that the social security number provided by the applicant is suspected to not belong to the applicant, to have been used by multiple persons, or to have been assigned to a person other than the applicant.

Trans 102.15 Note Note: See s. 343.165 (3) (c), Stats., 6 CFR 37.11 (e) (2) and 37.13 (b) (2).

Trans 102.15(6)(e) (e) The department may issue a special number, in lieu of the social security number, to identify an applicant who does not have an existing driver file in Wisconsin and was issued an original instruction permit when the applicant has not been issued a social security number or the applicant’s social security number is not available. The applicant is required to provide their social security number on any subsequent application following the original issuance of the instruction permit.

Trans 102.15(7) (7) The department may issue a temporary driver receipt for operation of Class D or M vehicles to a person who is temporarily unable to meet the identification requirements of sub. (3). The temporary driver receipt shall state the date of issue, shall be clearly marked “NOT VALID FOR IDENTIFICATION,” and shall be validated for the operation of a vehicle for a stated period of up to 60 days from the date issued. The person may complete their operator’s license application within this period by presenting proof of the person’s name and date of birth in accordance with sub. (3) (a). For good cause shown, the department may renew the driving receipt once for an additional period of no more than 60 days. This subsection applies only to persons who meet all of the following:

Trans 102.15(7)(a) (a) Were previously issued an operator’s licensed in another jurisdiction and surrendered the operator’s license to the department.

Trans 102.15(7)(b) (b) Are unable to immediately provide proof of name and date of birth in accordance with sub. (3) (a), but state they will be able to do so.

Trans 102.15(7)(c) (c) Submit an otherwise complete and acceptable application, including the proof of identity required by sub. (3) and social security number required by sub. (6).

Trans 102.15 Note Note: Form MV3432, Receipt.

Trans 102.15(8) (8) The department may require additional documentation or proof of identity beyond the minimum requirements of this section from an applicant if the department has been notified that the applicant may be a victim of identity theft or if the applicant has provided documentation to the department that could not be verified.

Trans 102.15(9) (9) The department may verify or attempt to verify any information provided in support of an application for a product and, if it is unable to verify the information, may decline to issue the product until verifiable documentation or information is presented to support the application.

Trans 102.15(10) (10) 

Trans 102.15(10)(a) (a) The department may issue a REAL ID noncompliant identification card or REAL ID noncompliant Class D or M operator’s license without capturing a digital image of all documents provided by the applicant provided the conditions specified in s. 343.165 (7), Stats., are met.

Trans 102.15(10)(b) (b) The department may issue a REAL ID noncompliant Class D or M operator’s license or a REAL ID noncompliant identification card to a person who was issued a product by the department and identified as a U.S. citizen prior to January 1, 2013, and for whom the department has records without additional documentation required under s. 343.165 (1), Stats. This exemption does not apply if the department has any basis for suspecting the person is not the person identified in the document or if the department receives any evidence of a discrepancy in the proofs required for product issuance.

Trans 102.15 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; emerg. am. eff. 6-24-86; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (6) (intro.), Register, January, 1993, No. 445, eff. 2-1-93; am. (3) (a) 5., 6., 11., (4) (a) (intro.), 2., 4. to 8., 13., 19., (5) (a) (intro.), cr. (3) (a) 14. to 18., (4) (intro.), (a) 20., (b), renum. (4) (b) (intro.), 1., 4., 6. and 7. to be (4) (c) (intro.), 1. to 4. and am. (4) (c) (intro.), r. (4) (b) 2., 3., 5., Register, January, 1997, No. 493, eff. 2-1-97; am. (2) (a), (c) (intro.), 7., (3) (a) (intro.), 8., 16., (3) (b) 1., 3., (c) and (4) (a) 1., (4) (b) 2., (6) (intro.) and (b), cr. (3) (a) 19., (4) (a) 21, Register, December, 1999, No. 528, eff. 1-1-00; emerg. am. (3) (a) 8., eff. 12-21-01; CR 02-005: am. (3) (a) 8. Register May 2002 No. 557, eff. 6-1-02; corrections in (2) (c) 4. and 5. made under s. 13.93 (2m) (b) 7., Stats., Register May 2002 No. 557; CR 04-100: am. (2) (c) (intro.), (3) (a) 2., 4. to 8., 11. and 15. to 19., (3) (b) 1., (4) (a) (intro.) 2., 5. to 7., 12., 18., 19 and 21, (5) (a) to (c), cr. (2) (c) 8., (3) (a) 20., (4) (a) 22. and 23., (c) 5. and (4m), (5) (a) 4. and (bm), r. (3) (a) 12. to 14. and (4) (a) 8. to 10., 15., 17. and 20., r. and recr. (4) (b) and (c) 2., renum. (7) to be s. Trans 102.025 (1), Register June 2005 No. 594, eff. 7-1-05; CR 05-109: am. (6) (intro.) Register April 2006 No. 604, eff. 5-1-06; CR 06-082: cr. (2) (bm) and(3m) Register December 2006 No. 612, eff. 4-1-07; CR 06-128: am. (3) (a) 2., 4., (4) (a) 2. and 5., r. (3) (a) 16., 19., 20., (4) (a) 1., 6., 7., 12., 14., 18., 19., 21. and 22., (b), (c) (intro.), 1., 3. to 5., (4m) (a), (e) and (8), cr. (3) (a) 21., (4) (a) 24. and (4m) (f), renum. (4) (c) 2. to be (4) (c) and am. (4) (c) (intro.) Register April 2007 No. 616, eff. 5-1-07; correction in (3m) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 14-061: am. (2) (c), renum. (3) (a) 2. (Note) to (3) (am) and am., am. (3) (a) 6., renum. (3) (b) to (5m) (a) and am. (5m) (a) (intro.) and 2., renum. (3) (c) to (5m) (c) and am., cr. (3) (d), (5m) (title), (b), (e), am. (6) (intro.) Register May 2015 No. 713, eff. 6-1-15; EmR1636: emerg. cr. (3) (c), renum. (3) (d) to (3) (d) (intro.) and 1. and am., cr. (3) (d) 2., am. (5) (a), cr. (5) (d), am. (5m) (b) 1., 2., renum. (5m) (b) 3. to (5m) (b) 3. and 3g. (intro.) and am., am. (5m) (c), cr. (6m), eff. 12-7-16; CR 16-040: cr. (3) (c), renum. from (3) (d) to (3) (d) (intro.) and 1. and am., cr. (3) (d) 2., am. (5) (a), cr. (5) (d), am. (5m) (b) 1., 2., renum. from (5m) (b) 3. to (5m) (b) 3. and 3g. (intro.) and am., am. (5m) (c), cr. (5m) (f), (g), (h), cr. (6m) Register April 2017 No. 736, eff. 5-1-17; correction in (3) (am), (6m) (a), (b) made under s. 35.17, Stats., Register April 2017 No. 736; CR 22-048: am. (3) (a) 2., 15. (intro.), (5) (d), (5m) (b) 1., 3g. h., (6m) (e) Register July 2023 No. 811, eff. 8-1-23; CR 23-042: r. and recr. Register April 2025 No. 832, eff. 5-1-25; correction in (2) (a) 6., (b) 3., (c) (intro.), 2., 3., 6., (g) 2., 6., (3) (a) 8., and, as renumbered, (10) (a) made under s. 35.17, Stats., (8) to (11) renumbered to (7) to (10) under s. 13.92 (4) (b) 1., Stats., Register April 2025 No. 832.

Trans 102.16 Trans 102.16 Product and license endorsement issuance periods.

Trans 102.16(1) (1) Expiration with end of legal presence in the United States. Notwithstanding any other provisions of this chapter, a product issued to a person who is not a U.S. citizen or national or who is not an unconditional permanent resident of the United States shall expire on the earlier of the last date the person’s legal presence in the United States is authorized according to the documentation of legal presence provided by the person as part of their application, or the expiration date of the product determined under subs. (2) to (8).

Trans 102.16 Note Note: See ss. 343.03 (3m), 343.20 (1m), and 343.50 (5) (c), Stats.

Trans 102.16(2) (2) Product expiration.

Trans 102.16(2)(a) (a) Default identification card and license expiration. Except as provided in subs. (1), (3), (4), and (6) and par. (b), a license or identification card shall expire 8 years from the persons’s next birthday.

Trans 102.16(2)(b) (b) Elderly identification cards. Except as provided in sub. (1), an identification card issued to a person 65- years or older who requests a non-expiring identification card will not expire. An expiration date far into the future and beyond any currently living person’s life expectancy may be used to indicate that the document has no expiration date. Any identification card issued under this paragraph shall be considered REAL ID noncompliant and may not include markings that indicate REAL ID compliance.

Trans 102.16(2)(c) (c) Foreign license reciprocity. An operator’s license issued to a foreign national pursuant to a reciprocal agreement established under s. 343.16 (1) (d), Stats., shall expire 8 years from the applicant’s next birthday or the date the person’s legal presence in the United States expires as determined under sub. (1), whichever is earlier.

Trans 102.16 Note Note: See ss. 343.085 (2) (c), 343.16 (1) (d), and 343.50 (5) (d), Stats

Trans 102.16(3) (3) Original license 2-year expiration. Except as provided in sub. (1), the first operator’s license issued to a person by this state under ch. 343, Stats., that is not a commercial driver license shall be a probationary license that expires 2 years from the person’s next birthday, unless the person meets all of the following requirements:

Trans 102.16(3)(a) (a) Has been licensed in another jurisdiction for at least 3 years.

Trans 102.16(3)(b) (b) Presently holds an operator’s license, other than an instruction permit, from another jurisdiction that is not expired by more than 6 months.

Trans 102.16(3)(c) (c) Is at least 21 years of age.

Trans 102.16(4) (4) Renewal product expiration.

Trans 102.16(4)(a) (a) A renewal product may be issued up to 364 days prior to expiration of the product and shall expire 8 years from the person’s next birthday, except as provided in par. (b) and sub. (1).

Trans 102.16(4)(b) (b) A renewal product issued in the 364 days after expiration of an operator’s license shall expire 7 years from the person’s next birthday.

Trans 102.16(5) (5) Special restricted licenses. Except as provided in sub. (1), renewed special restricted licenses expire 2 years from the applicant’s next birthday.

Trans 102.16(6) (6) Endorsements expire with licenses. All endorsements, except H endorsements, on an operator’s license shall expire on the same date the operator’s license expires or is suspended, revoked or disqualified. An H endorsement shall expire as provided in s. 343.125 (3), Stats.

Trans 102.16 Note Note: Federal CDL requirements demand a background check be performed on H endorsement holders at least once every 5 years. 49 CFR 383.141 (d).

Trans 102.16(7) (7) Expiration date does not change with changes in authority. Except as provided in sub. (8), the expiration date of an operator’s license shall remain the same when subsequent changes to classifications or endorsements are applied to the license.

Trans 102.16(8) (8) Extension of legal presence in the United States. A person whose operator’s license expired under sub. (1) earlier than it otherwise would have under subs. (2) to (5) may be issued an operator’s license with an expiration date determined under subs. (1) to (5) at any time after a change in the last date through which the person’s legal presence in the United States is authorized, regardless of whether a change in classification or endorsements is also made.

Trans 102.16 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (3) (b), Register, September, 1992, No. 441, eff. 10-1-92; am. (2), (5), r. and recr. (3), cr. (3m), Register, December, 1999, No. 528, eff. 1-1-00; CR 06-082: am. (1) (3m), (5), (6) and (8) Register December 2006 No. 612, eff. 4-1-07; CR 23-042: r. and recr. Register April 2025 No. 832, eff. 5-1-25; correction in (4) made under s. 35.17, Stats., Register April 2025 No. 832.

Trans 102.19 Trans 102.19 Instruction permits.

Trans 102.19(1) (1) General requirements for instruction permit. The department may issue an instruction permit to a person who meets all of the following requirements and who also meets any particular requirement imposed for a particular class of vehicle under subs. (2) and (3):

Trans 102.19(1)(a) (a) The person is qualified to obtain an operator’s license, except for lack of training in the operation of a motor vehicle.

Trans 102.19(1)(b) (b) The person has passed a knowledge test for the class of vehicle for which an instruction permit is sought.

Trans 102.19(2) (2) Class D instruction permits for persons under 18 years of age. A Class D instruction permit may not be issued to a person under 18 years of age unless the person is enrolled in a behind-the-wheel driver education course and a sponsor has signed and verified the person’s application in accordance with the requirements of s. Trans 102.21 and s. 343.15 (1), Stats.

Trans 102.19(3) (3) Moped and motor bicycle instruction permits.

Trans 102.19(3)(a) (a) The department may not issue a moped or motor bicycle instruction permit to a person under 16 years of age.

Trans 102.19(3)(b) (b) A moped or motor bicycle instruction permit, or regular instruction permit endorsed for moped and motor bicycle operation may only authorize moped or motor bicycle operation during daylight hours and prohibits the transportation of passengers.

Trans 102.19 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; renum. (1) and (2) to be (2) (a) and (b), cr. (1), Register, January, 1997, No. 493, eff. 2-1-97; CR 23-042: r. and recr. Register April 2025 No. 832, eff. 5-1-25; correction in (2) made under s. 35.17, Stats., Register April 2025 No. 832.

Trans 102.20 Trans 102.20 Farm service CDLs.

Trans 102.20(1) (1) Purpose. The purpose of this section is to adopt a seasonal farm service waiver for CMV drivers consistent with those federal department of transportation regulations at 49 CFR 383.3(f).

Trans 102.20(2) (2) Definitions. In this section:

Trans 102.20(2)(a) (a) “Agri-chemical business” means a business that sells and delivers fertilizer, pesticides or other chemical compounds to farmers.

Trans 102.20(2)(b) (b) “CDL” means a commercial driver license.

Trans 102.20(2)(c) (c) “Convicted” or “conviction” has the meaning set forth in s. 340.01 (9r), Stats., and includes convictions under state law, convictions under local ordinances in conformity with state law, convictions under a law of federally recognized American Indian tribe or band in this state in conformity with state law, or convictions under the law of another jurisdiction which prohibits conduct similar to that prohibited under state law even if that jurisdiction’s law is not in conformity with state law.

Trans 102.20(2)(d) (d) “Custom harvester” means a business which is engaged solely in the provision of for hire harvesting services to farmers or engaged in canning, freezing or processing the crops being harvested.

Trans 102.20 Note Note: The licenses of temporary seasonal employees of custom harvester employers are limited to permit only transportation related to the harvesting of crops. See s. Trans 102.20 (8) (fm). A driver in this category may, for example, haul harvesting equipment to and from the fields where the harvest is conducted, and may haul harvested crops from the fields where harvested to a storage facility or food processing plant. Subsequent transportation of the harvested crops, however, such as to haul harvested crops from storage facilities to processing plants or to haul processed crops to market, are not permitted under a Farm Service CDL.

Trans 102.20(2)(e) (e) “Farm retail outlet” means a business engaged in the retail sale and delivery of farm supplies to farmers.

Trans 102.20(2)(f) (f) “Farm service CDL” means a restricted commercial driver license issued pursuant to this section.

Trans 102.20(2)(g) (g) “Farm service industry” means a farm retail outlet, a custom harvester, a feed lot, or an agri-chemical business.

Trans 102.20(2)(h) (h) “Farmer” has the meaning set forth in s. 340.01 (18) (b), Stats.

Trans 102.20(2)(i) (i) “Feed lot” means a facility where feeder cattle are assembled for feeding prior to slaughter.

Trans 102.20(2)(j) (j) “Seasonal employment” means a period of employment that does not exceed 210 days per year.

Trans 102.20(2)(k) (k) “Seasonal period” means a continuous time period for which a farm service CDL permits limited operation of commercial motor vehicles.

Trans 102.20(3) (3) Eligibility. The department may issue a farm service CDL to any person who meets all of the following requirements:

Trans 102.20(3)(a) (a) Is employed in seasonal employment with a farm service industry.

Trans 102.20(3)(b) (b) Has held a class D operator’s license, other than an instruction permit for at least the one-year period preceding the date of application.

Trans 102.20(3)(c) (c) Meets the driver record requirements of sub. (4).

Trans 102.20(3)(d) (d) Has passed the test required under sub. (7).

Trans 102.20(3)(e) (e) Does not hold a CDL.

Trans 102.20(3)(f) (f) Meets the medical standards requirements of s. 343.065, Stats., and ch. Trans 112.

Trans 102.20(3)(g) (g) Is at least 18 years of age.

Trans 102.20(4) (4) Driver record requirements. The department may not issue or renew a farm service CDL to any person who at any time during the 2-year period preceding the date of application:

Trans 102.20(4)(a) (a) Held more than one operator’s license at one time, except that for purposes of this subdivision, a school bus or chauffeur’s license issued under s. 343.12 or 343.125, 1987 Stats., shall be counted with a regular license as a single license.

Trans 102.20(4)(b) (b) Had any driver license or operating privilege, in Wisconsin or any other jurisdiction, revoked, suspended or canceled as a result of a moving violation. Failure to pay a forfeiture resulting from a non-traffic offense is not a moving violation for purposes of this paragraph.

Trans 102.20(4)(c) (c) Was convicted of speeding in excess of 15 miles per hour over the applicable speed limit or any one violation listed as a disqualifying offense or serious traffic violation under s. 343.315 (2) (a), (e), (f) or (g), Stats., regardless of whether the person was operating a commercial motor vehicle at the time of the offense.

Trans 102.20(4)(d) (d) Was convicted of a violation of a law relating to motor vehicle traffic control arising in connection with any traffic accident, except a parking or safety belt violation.