Wisconsin Legislature: Trans 104.03(8)(a)

(4) Failed tests. A person who fails a knowledge or pre-trip inspection test may not retake the test sooner than the next day following the failed test. A person who fails a knowledge or pre-trip inspection test 5 or more times within one year may be authorized another attempt only after requesting and receiving permission from the department to do so. Permission to take more than 5 tests in a one year period may be granted if the person demonstrates that he or she has received additional instruction, or some other significant circumstance has changed since the last failed exam, which makes successful completion of the exam more likely.

(5) Knowledge test requirements. A knowledge test may include a highway sign test and shall determine the applicant’s knowledge of traffic laws and related matters, including knowledge of the following:

(a) The rules of the road.

(b) Highway signs.

(d) Safe driving practices.

(e) Fuel efficient operation of motor vehicles.

(f) The effects of alcohol or controlled substance use in connection with the operation of motor vehicles.

(g) The need for anatomical gifts.

(h) The need for vehicle control in the proximity of pedestrians with vision impairments.

(6) Highway sign tests. A highway sign test shall be administered to a person:

(a) Applying for an original or renewal school bus endorsement.

(b) Being re-examined to determine the person’s ability to understand the meaning of common highway signs.

(7) CMV pre-trip inspection tests.

(a) A pre-trip inspection test shall be conducted prior to any commercial motor vehicle skills test on the vehicle in which the license applicant is to be tested.

(b) The pre-trip inspection shall test the person’s ability to inspect vehicle components for road worthiness and shall include identification and inspection of:

1. Fluid systems for leaks and levels.

2. Any interference with clear visibility for the driver.

3. Wheels, rims and tires.

4. Drive train, suspension, steering and brake systems.

5. Engine components and belts.

6. Gauges, meters and indicators.

7. Lights.

8. Coupling systems.

9. Cargo loading and securing.

10. Trailer or cargo area components.

11. Required safety and emergency equipment.

Note: Forms MV3542, CDL Pre-trip Inspection Combination Vehicle and MV3560, CDL Pre-trip Inspection Straight Truck/Bus are used by motor vehicle examiners to conduct these tests. Copies of the forms may be obtained from an examiner and are provided to each driver as a report of the applicant’s test result.

(8) Air-brake pre-trip inspection.

(a) An air-brake pre-trip inspection test shall be conducted prior to any commercial motor vehicle skills test on the vehicle in which the license applicant is to be tested if that vehicle is equipped with air brakes.

(b) To pass an air-brake pre-trip inspection a person must successfully complete all of the following air-brake system inspections:

1. Determine the motor vehicle’s brake system condition for proper adjustment and that air system connections between motor vehicles have been properly made and secured.

2. Inspect the low pressure warning devices to ensure that they will activate in emergency situations.

3. Ascertain, with the engine running, that the system maintains an adequate supply of compressed air.

4. Determine that required minimum air pressure build up time is within acceptable limits and that required alarms and emergency devices automatically deactivate at the proper pressure level.

5. Operationally test the brake system for performance.

6. Locate and verbally identify the air-brake operating controls and monitoring devices.

7. Ascertain whether the emergency braking system will activate properly.

8. Ascertain, with a fully charged air system and the engine off, the rate at which air is lost from the system.

Note: These tests are required under 49 CFR 383.135 and 383.113(c)(1).

History: Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. (4), cr. (8) (b) 6., 7., and 8., Register, August, 2000, No. 536, eff. 9-1-00; CR 22-048: am. (5) (h) Register July 2023 No. 811, eff. 8-1-23.

Trans 104.04 Unauthorized assistance. An applicant who cheats or uses unauthorized assistance during any part of a knowledge test shall fail the test and may not be allowed to retake the knowledge test for 7 days. Unauthorized assistance includes assistance from another person, notes, or the use of any materials during an examination, without the prior approval of the examiner. If the infraction is observed during the course of a test, the test shall be immediately ended.

History: Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Trans 104.05 Vehicle safety inspection.

(1) Inspection required. Prior to conducting any driving skills test or special examination, the examiner shall conduct a safety inspection of the vehicle furnished by the applicant for the test. The examiner may refuse to conduct the skills test or special examination if the test vehicle does not pass a safety inspection or the vehicle is unregistered.

(2) Applicant conduct. The examiner may not conduct a skills test or special examination when:

(a) The applicant refuses to wear a safety belt during the driving skills test, unless the vehicle was manufactured prior to January 1, 1972, and has never been equipped with seat belts.

(b) The applicant refuses to follow required safe driving practices.

1. Cannot produce evidence of vehicle registration; or

2. Does not hold a valid instruction permit, temporary operator’s license or driver receipt that authorizes operation for the appropriate class and endorsement of vehicle.

(d) The vehicle is not a commercial motor vehicle, is not registered, and no person has applied to renew the vehicle’s registration. It shall be conclusively presumed that no person has applied to renew the vehicle’s registration if the applicant does not have evidence of filing an application for registration and the vehicle’s registration has expired by more than 30 days.

(e) The vehicle is a motorcycle and the applicant does not wear an approved protective helmet when required under s. 347.485 (1) (a), Stats.

(f) The vehicle is a motorcycle and the applicant is not wearing a protective face shield, glasses or goggles, unless the windshield rises at least 15 inches above the handlebars.

(g) The applicant appears to be impaired by alcohol or a controlled substance, disoriented, or otherwise unfit to operate a motor vehicle.

(3) Vehicle condition. The examiner may not conduct a skills test or special examination when the test vehicle exhibits one or more of the following conditions:

(a) A brake light on either side of the vehicle is not functioning.

(b) A directional signal is missing or inoperable. This does not prohibit testing in a motorcycle that was manufactured without directional signals and on which directional signals have not been installed.

(d) The windshield, a front side window or the back window is defective or missing.

(e) The driver or passenger door is inoperable.

(f) A required inside or outside mirror is defective or missing.

(g) The speedometer is defective, inoperable or missing. This does not prohibit testing in a specially designed vehicle that was not manufactured with a speedometer and on which a speedometer has not been installed.

(h) The horn is defective, inoperable or missing.

(i) The brakes, except the parking brake, are defective, inoperable or missing.

(j) The headlamps or tail lamps are defective, inoperable or missing and are required for visibility or driving conditions during the test.

(k) The tires are defective or excessively worn.

(L) The windshield wipers or defroster are defective, inoperable or missing and are necessary due to weather conditions during the test.

(m) The vehicle lacks a permanently attached front seat for the examiner.

(n) The safety belts in a motor vehicle manufactured on or after January 1, 1972, are missing, inoperable, defective or extremely dirty.

(o) The vehicle is a moped or motor bicycle that does not meet the requirements specified in ss. 347.488 and 347.489, Stats.

(4) In addition to the conditions specified in subs. (2) and (3), an examiner may not conduct a commercial driver license skills test or special examination when the test vehicle exhibits one or more of the following conditions:

(a) Four-way hazard warning lamps are defective, inoperable or missing.

(b) Passenger side access pegs or ladder are defective, inoperable or missing.

(d) The parking brake is defective, inoperable or missing.

(5) In addition to the conditions under subs. (2) and (3), the examiner may not conduct a skills test or special examination for a Type 1 motorcycle when the motorcycle exhibits one or more of the following conditions:

(a) The handlebars are defective, repaired or improvised, or rise more than 30 inches above the lowest part of the top of the seat when occupied.

(b) The motorcycle has a missing or inoperable headlamp.

(d) The footpegs or footrest for the operator are missing.

History: Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Trans 104.055 Graduated driver license requirements and waivers.

(1) Graduated driver license requirements. Except as provided in sub. (2), the department may not issue a probationary driver license to any person less than 18 years of age unless the person has met all of the following requirements:

(a) The person has accumulated at least 30 hours of behind-the-wheel driving experience, at least 10 of which were during hours of darkness. Up to 5 hours of behind-the-wheel driving experience performed with a qualified instructor may be counted at the rate of 2 hours for each hour of actual driving. The department shall require an applicant’s adult sponsor under s. Trans 102.21 to certify that the applicant has met this requirement as a condition of issuing a probationary driver license, except that persons who are permitted to file proof of financial responsibility in lieu of sponsorship under s. 343.15 (4), Stats., may provide that certification.

(b) The person has not received a citation for an offense described in s. Trans 101.10 (1).

(2) Waivers for drivers previously licensed in other jurisdictions.

(a) License holders from other jurisdictions. The department may issue a probationary driver license to a person less than 18 years of age without regard to the length of time the person held any instruction permit and without requiring the certification described in sub. (1) if the person meets all of the following:

1. The person has been issued a driver license, other than an instruction permit, by another jurisdiction prior to the person establishing Wisconsin residency.