Wisconsin Legislature: Trans 104.06(1)(a)

(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.

2. The person certifies that he or she has not been convicted of a violation of law which prohibits issuance of a probationary driver license to a person under 18 years of age within the preceding 6 months, as provided for in s. Trans 101.10 (1).

(b) Instruction permit holders from other jurisdictions. The 6 month period during which a driver less than 18 years of age must hold a Wisconsin instruction permit prior to receiving a driver license in Wisconsin under s. 343.085 (1) (b), Stats., shall be reduced by any amount of time a driver can show he or she was a resident of another jurisdiction and held an instruction permit issued by that jurisdiction.

History: Cr. Register, August, 2000, No. 536, eff. 9-1-00.

Trans 104.06 Skills tests.

(1) Skills tests required.

(a) All persons applying for a license classification not held in this state or another jurisdiction at the time of application, other than an instruction permit, shall take and pass skills tests for the classes and types of vehicles the person seeks authority to operate. A person whose operator’s license has expired by more than 4 years and who has no proof of valid, licensed operation within the 4-year period preceding application shall take all required skills tests as if the person had never been licensed.

(b) A skills test conducted in a “Class A” vehicle may be used as the basis for the issuance of a license authorizing “Class A”, “B”, “C” and “D” privileges.

(c) A skills test conducted in a “Class B” vehicle may be used as the basis for the issuance of a license authorizing class “B”, “C” and “D” privileges.

(d) A skills test conducted in a “Class C” vehicle may be used as the basis for the issuance of a license authorizing “Class C” and “D” privileges.

(e) A skills test conducted in a “Class D” vehicle may only be used as the basis for the issuance of a license authorizing “Class D” privileges.

(f) A skills test conducted in a “Class M” vehicle may only be used as the basis for the issuance of a license authorizing “Class M” privileges.

(2) Administration of skills tests.

(a) Department conducted examinations. All skills tests shall be administered by the department, except as provided in par. (b).

(b) CDL third party tester examinations. CDL skills tests and pre-trip inspection tests may be administered by a third party tester under contract with the department pursuant to s. 343.16 (1) (b), Stats. The department may accept certification from a third party tester that a person has taken and passed required CDL skills tests and pre-trip inspection tests.

(c) Third party examiner audits. Notwithstanding par. (b), as part of its auditing of CDL third party testers, the department may require a CDL applicant who provides a certification of test completion from a third party tester to submit to CDL pre-trip inspection or skills tests administered by the department. In such event, no fee shall be charged for the examinations conducted by the department and the results of those tests shall be used to determine whether a license is issued to the driver, or if a license has already been issued to the driver, whether the license should be cancelled.

(3) License requirements for skills testing.

(a) “Class D” skills tests. No person may take or pass a “Class D” skills test unless the person holds an instruction permit that is more than 7 days old or is reinstating a cancelled, suspended or revoked operator’s license. The following operator’s licenses may be used as authorization to operate a motor vehicle during a skills test under this subsection:

1. A person may take one “Class D” skills test using an instruction permit that has an expiration date not more than one year prior to the examination date.

2. A person may take “Class D” skills tests using an expired, cancelled, suspended or revoked operator’s license, other than an instruction permit. The department may require any person who fails an examination conducted under this subdivision to obtain an instruction permit as a prerequisite to any subsequent test if, in the examiner’s opinion, the person needs additional driving skills practice before the person will be capable of passing a skills test.

Note: A person who fails a “Class D” skills test on an expired permit will need to obtain an instruction permit and hold it for 7 or 14 days before the person may be retested. A person who has never held a license will need to obtain an instruction permit before testing. See s. Trans 104.09 (2) and (3).

(b) CDL skills tests. No person may take or pass a CDL skills test unless the person holds a valid CDL instruction permit, temporary operator’s license or driving receipt that authorizes operation of vehicles of the class and type used for the CDL skills test.

(4) Passenger and school bus endorsements. All persons applying for a passenger or Wisconsin school bus endorsement who do not hold such an endorsement at the time of application shall take and pass a skills test designed for those endorsements.

Note: Persons holding school bus endorsements from states other than Wisconsin are required to take and pass Wisconsin school bus endorsement knowledge and skills tests.

(5) Air brakes restriction.

(a) Full skills test. All persons applying for a commercial driver license that is not restricted to prohibit operation of a motor vehicle equipped with air brakes shall take and pass a skills test in an air-brake equipped motor vehicle. This paragraph does not apply to a person holding an unrestricted license from another jurisdiction who is exempt from air brakes testing under s. Trans 104.03 (1) (b).

(b) Abbreviated skills test. A person holding a commercial driver license with proper classes who applies only to remove an air-brake restriction may be administered an abbreviated skills test in an air-brake equipped vehicle. The department may require a driver to retake a complete CDL skills test if the results of an abbreviated skills test lead the examiner to question whether the driver is competent to safely operate a commercial motor vehicle in compliance with the laws of this state.

(c) Air brake examinations not class specific. A person who passes an air-brake examination in any class vehicle is not required to take subsequent commercial driver license examinations in air brake equipped vehicles to avoid imposition of an air-brake restriction.

(6) Skills test requirements.

(a) All skills tests shall examine the following driving skills:

1. Right and left turn skills.

2. Operation at intersections.

3. Roadside stop and start.

4. Operator’s attention.

5. Operator’s ability to control the vehicle.

6. Operator’s obeying the rules of the road.

7. Urban driving.

8. Coping with the driving task.

9. Following safe driving practices.

(b) Any skills test may include a test of the operator’s ability to stop the vehicle quickly.

(7) Commercial motor vehicle skills tests.

(a) All commercial driver license skills tests shall examine the following driving skills:

1. Railroad crossing procedures, if the vehicle in which the operator is tested is required to stop at a railroad crossing.

2. Operation on a curve.

3. Expressway or rural driving.

4. Downgrade driving.

5. Upgrade driving.

6. Backing skills.

(b) A commercial driver license skills test may include an air brake examination if the skills test is conducted in a commercial motor vehicle that is equipped with air brakes. If the vehicle does not have air brakes and the applicant has not previously passed a skills test in an air-brake equipped vehicle, a restriction prohibiting the operation of air-brake equipped vehicles shall be applied to a commercial driver license issued to the person.

(8) School bus endorsement test. All school bus endorsement skills tests shall examine whether the applicant demonstrates sufficient use of both hands and the foot normally used to operate the brake and accelerator, simulated rural student discharge procedures, and railroad crossing stop procedures.

(9) Regular vehicle skills tests. All “Class D” license driving skills tests shall examine the following driving skills:

(a) Backing skills.

(b) Turnabout, Y turn or U turn.

(10) Motorcycle and moped tests. All “Class M” license and “Class D” restricted license for moped or motorcycle operation driving skills tests shall include a U turn.

Note: See ss. 343.08 and 343.135, Stats., for information regarding “Class D” restricted licenses.

(11) Cancellation of skills test or special examination. A skills test or special examination may be canceled or discontinued at any time the examiner determines that it would constitute a hazard to the applicant, the examiner or the public. Grounds for cancelling or discontinuing a skills test or special examination include:

(a) Severe weather.

(b) Hazardous road conditions.

(d) Inability of the examiner to communicate essential traffic instructions to the person taking the test.

(e) Dangerous driving by the applicant.

(f) The applicant appears to be impaired by alcohol or a controlled substance, disoriented, or otherwise unfit to continue the examination.

(12) Assistance prohibited. No person other than personnel authorized by the department may accompany an applicant during the skills test or special examination.

(13) Dangerous driving. A person shall fail a skills test or special examination, regardless of points earned, if the person:

(a) Is involved in any accident which the applicant could have prevented, or contacts any fixed object or pedestrian, except for minor bumper to bumper contact that occurs as part of a parking maneuver.