Chapter Trans 102

Trans 102.025(3)(a)3. 3. The document appears not to be or is not a genuine document.

Trans 102.025(3)(a)4. 4. The document appears to have been altered.

Trans 102.025(3)(a)5. 5. Law enforcement has requested the department confiscate documents presented by a specific person.

Trans 102.025(3)(a)6. 6. Signatures, photographs, or other identifiers on the document appear to not match one or more other signatures, photographs, or other identifiers of the applicant known to the department.

Trans 102.025(3)(b) (b) In the event the department confiscates a document and determines that it is genuine and relates to the person who presented it, the department shall return the document to the person, unless the department has provided it to other local, state or federal authorities.

Trans 102.025 Note Note: Section 343.14 (5), Stats., makes it a crime to present false information in connection with an application for a driver license or ID card.

Trans 102.025 History History: CR 04-100: cr., renum. (1) from Trans 102.15 (7) and am. Register June 2005 No. 594, eff. 7-1-05; CR 23-042: am. (title), cr. (1e), (1m), (1s), renum. (2) to (2) (intro.) and am., cr. (2) (a) to (c), am. (3) (a) (intro.), cr. (3) (a) 6. Register April 2025 No. 832, eff. 5-1-25.

Trans 102.03 Trans 102.03 Photograph requirements.

Trans 102.03(1) (1) Except as provided in this section, the department may not issue an operator’s license or identification card unless the applicant appears in person at a DMV customer service center and is photographed. An applicant whose seriously held religious convictions do not allow the applicant to be photographed may qualify for an exemption to this subsection by completing, signing, and dating a statement on a form provided by the department, certifying that the applicant objects to being photographed due to a sincerely held religious conviction.

Trans 102.03(2) (2) 

Trans 102.03(2)(a) (a) Full facial image required. All photographs for products issued under this chapter shall include a full facial image of the applicant. The photograph shall show the entire face from the crown of the head to the base of the chin and from ear to ear. Photographs not meeting the requirements of this section may not be used on a product. The department may cancel a product if the department has reason to believe the product was erroneously issued with a photograph taken that does not meet the requirements of this paragraph. The department shall assess the fee for obtaining a duplicate license for any applicant whose photograph must be retaken because of an intentional violation of the requirements of this subsection.

Trans 102.03(2)(b) (b) Head coverings.

Trans 102.03(2)(b)1. 1. Head coverings may not be worn in a photograph except as provided in subds. 2. and 3. If a head covering is worn by the applicant pursuant to subd. 2. or 3., the covering shall be pushed from the forehead and sides until a full facial image is shown as required by par. (a).

Trans 102.03(2)(b)2. 2. An applicant who has sincerely held religious convictions that require the applicant to wear a head covering for any photograph may wear the head covering in a photograph for products issued under this chapter.

Trans 102.03(2)(b)3. 3. An applicant suffering from a medical condition or treatment that results in hair loss may be permitted to wear a scarf or hat in a photograph for products issued under this chapter.

Trans 102.03(2)(c) (c) Hair. Hair, whether natural or artificial, shall be pushed back from the face for the photograph until a full facial image is shown as required by par. (a).

Trans 102.03(2)(d) (d) Obstructions. Nothing shall obscure the applicant’s face, head, iris, or pupils.

Trans 102.03(2)(e) (e) Shadows. Nothing shall be permitted which results in a shadow upon the face in a photograph. Lighting shall be evenly distributed on the face.

Trans 102.03(2)(f) (f) Eyes.

Trans 102.03(2)(f)1. 1. The iris and pupil of the eye shall be clearly visible. The applicant may choose whether the photograph be taken with or without vision correcting glasses. Sunglasses may not be worn except as provided in subd. 2. Light sensitive glasses that do not adjust sufficiently to clearly show the applicant’s eyes and eye color shall be removed.

Trans 102.03(2)(f)2. 2. An applicant suffering from a medical condition, physical disability, or disfigurement affecting the applicant’s eyes, and who usually wear eyeglasses to obscure their eyes for cosmetic reasons, may be permitted to obscure their eyes with sunglasses or an eye patch.

Trans 102.03(2)(g) (g) Clothing. Except as permitted in par. (f) 1., any clothing or device obscuring any part of an applicant’s face shall be removed.

Trans 102.03(2)(h) (h) Appliances. Any appliance or prosthesis normally used by an applicant with a permanent facial or dental disfigurement may be worn for the photograph and shall be included in the full facial image.

Trans 102.03(2)(i) (i) Expression. The applicant shall look into the camera with both eyes open and a relaxed facial expression.

Trans 102.03(3) (3) Except as provided in this subsection, product photographs must have been taken within 8 years of the date of product issuance.

Trans 102.03(3)(a) (a) Duplicate and renewal products. A person who obtains a duplicate or renewal product online is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that is not more than 16 years old, and the department’s computer system will accommodate processing the application online.

Trans 102.03(3)(b) (b) Online product issuance. A person who obtains an identification card online is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that will not be more than 16-years-old when the product is expected to expire.

Trans 102.03(3)(c) (c) Persons in military service. A person in military service or foreign service stationed outside this state who applies to renew a driver license is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that is not more than 16-years-old.

Trans 102.03 Note Note: See s. 343.20 (3), Stats., 6 CFR 37.25 (a).

Trans 102.03(3)(d) (d) Non-expiring ID cards. A person who applies for a replacement identification card without appearing at a DMV service center to be photographed, who claims an identification card that was issued to the person pursuant to s. 343.50 (5) (d), Stats., that does not expire is lost, stolen, or damaged is exempt from using a photograph taken within of the date of product issuance. A replacement identification card issued by the department pursuant to this paragraph shall include the latest photograph of the person in the department’s records.

Trans 102.03(4) (4) The department may issue a REAL ID noncompliant product to a prisoner held in a correctional facility in this state using a photograph taken by the Wisconsin department of corrections that meets the standards in sub. (1) and is taken in compliance with an agreement between the department and the Wisconsin department of corrections.

Trans 102.03(5) (5) A person whose sincerely held religious beliefs do not permit the person to be viewed by members of the opposite sex may request that their photograph be taken outside the presence of persons of the opposite sex. The department may require the person appear at a time before or after normal DMV service center business hours. Arrangements shall be made at least 7 days prior to the date the photograph is to be taken. The department may require the person to travel to a DMV service center where the department has staff and facilities at which the request may be fulfilled.

Trans 102.03(6) (6) Subsection (2) shall be interpreted and applied in a manner consistent with federal requirements for the issuance of federal REAL ID compliant documents even if an applicant applies for a REAL ID non- compliant product. The department adopts standards set forth in 6 CFR. 37.17 (e) and ISO/IEC 19794- 5:2005(E) Information Technology – Biometric Data Interchange Formats – Part 5: Face Image Data for use in driver license processing.

Trans 102.03 Note Note: As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on [date to be inserted upon approval]. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. Copies may be obtained from http://webstore.ansi.org/, or by contacting ANSI, 25 West 43rd Street, 4th Floor, New York, New York 10036. They are also available online at the International Organization for Standardization and International Electrotechnical Commission at www.iso.org and https://webstore.iec.ch/preview/info_isoiec19794-5%7Bed1.0%7Den.pdf, respectively.

Trans 102.03(7) (7) 

Trans 102.03(7)(a) (a) As determined by the department, a product photograph shall be retaken if the photograph of the applicant is indistinguishable, unclear, or incomplete, shows a temporary disfigurement that no longer exists, or does not meet the requirements of this section, or if the department’s copy of the photograph of the applicant becomes lost or damaged.

(b) An applicant whose photograph meets the retake specifications described under par. (a) shall be required to have the product photograph retaken by the department before a product will be issued.

Trans 102.03(7)(c) (c) Any person not satisfied with the photograph after receipt of a product may request to have the photograph retaken. If the photograph is indistinguishable, unclear, or incomplete to the extent that the department demands another photograph of the person be taken under par. (a) or (b), the department shall issue a replacement card upon proper application without charge. If the photograph meets the department’s standard for inclusion on a product, the person shall apply for a duplicate product, and pay any fee required under s. 343.21 (1) (L) and (n) or 343.50 (6) and (7), Stats.

Trans 102.03(7)(d) (d) An applicant shall be notified by the department when a photograph needs to be retaken. Failure to comply within 30 days of notification shall result in the cancellation of the operator’s license.

Trans 102.03 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. (1) (b), Register, January, 1984, No. 337, eff. 2-1-84; renum. (1) and (2) to be (2) and (3) and am., cr. (1), (2) (c), (4) to (6), Register, December, 1990, No. 420, eff. 1-1-91; am. (2) and (3), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-100: cr. (2m), Register June 2005 No. 594, eff. 7-1-05; CR 23-042: r. and recr. (1) to (6), r. (7) (title), renum. (7) (a) to (d) from Trans 102.09 (1) to (3), (5) and am. Register April 2025 No. 832, eff. 5-1-25; correction in (1), (2) (a), (b) 1., (g), (7) (a), (c) made under s. 35.17, Stats., Register April 2025 No. 832.

Trans 102.04 Trans 102.04 Product design.

Trans 102.04(1) (1) A product shall include all the information specified in ss. 343.17 (3) and 343.50 (3), Stats. Additionally, a product shall do all of the following:

Trans 102.04(1)(a) (a) Consist of one part with 2 sides, except as otherwise prescribed in s. 343.17 (4m), Stats.

Trans 102.04(1)(b) (b) Include any legend required by s. 343.03 (3) or (3m), Stats., or s. 343.50 (3) (a), Stats., and the following descriptive legends, if applicable:

Trans 102.04(1)(b)1. 1. Duplicate products shall be marked “duplicate” or an abbreviation thereof.

Trans 102.04(1)(b)2. 2. Juvenile restricted licenses shall be marked “juvenile restricted” or an abbreviation thereof.

Trans 102.04(1)(c) (c) Contain any other information the department considers appropriate for security or identification purposes.

Trans 102.04(2) (2) Receipts and extension cards that the department issues are not subject to sub. (1).

Trans 102.04(3) (3) Any REAL ID noncompliant identification card or Class D or M license issued by the department based upon extraordinary proof of name, date of birth, or U.S. citizenship under s. 343.165 (8) (a), Stats., shall, in addition to any other legend or label, be marked in a manner consistent with requirements under applicable federal law and regulations to indicate that the product is not intended to be accepted by any federal agency for federal identification or any other official purpose.

Trans 102.04(4) (4) A REAL ID compliant product shall include at least three levels of integrated security features that provide resistance to a person’s attempt to do any of the following:

Trans 102.04(4)(a) (a) Counterfeit, alter, simulate, or reproduce a genuine document.

Trans 102.04(4)(b) (b) Alter, delete, modify, mask, or tamper with data concerning the original or lawful card holder.

Trans 102.04(4)(c) (c) Substitute or alter the original or lawful card holder’s photograph or signature, or both, by any means.

Trans 102.04(4)(d) (d) Create a fraudulent document using components from legitimate operator’s licenses or identification cards.

Trans 102.04(5) (5) Products shall include, on the side opposite the photograph for any REAL ID compliant product, or anywhere on any other type of product, machine readable technology meeting or exceeding the minimum requirements of 6 CFR 37.19.

Trans 102.04(6) (6) Products shall identify Wisconsin as the state of issuance.

Trans 102.04(7) (7) A REAL ID compliant product shall include a U.S. department of homeland security approved security marking to reflect the product’s level of compliance in accordance with 6 CFR 37.17 (n).

Trans 102.04(8) (8) REAL ID compliant products shall be printed in the format required by 6 CFR 37.17 (m).

Trans 102.04(9) (9) The department may issue apparent products to state or federal law enforcement agencies to assist in crime investigations. Apparent products issued pursuant to this subsection are not subject to the requirements of this chapter.

Trans 102.04(10) (10) Products issued to federal judges may list their courthouse address on the product in lieu of their personal address if requested by the judge.

Trans 102.04(11) (11) Products issued to a person protected from disclosure of information under the safe at home program under s. 165.68, Stats., may list the Wisconsin department of justice safe at home post office address in lieu of the person’s physical address.

Trans 102.04 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; CR 14-061: renum. 102.04 (intro.) to 102.04 (1), cr. (2) Register May 2015 No. 713, eff. 6-1-15; correction in (2) made under s. 35.17, Stats., Register April 2017 No. 736; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 23-042: r. and recr. Register April 2025 No. 832, eff. 5-1-25.

Trans 102.07 Trans 102.07 National driver registry and commercial driver license information system.

Trans 102.07(1) (1) The department shall make inquiries of the commercial driver license information system and the national driver registry to determine licensing eligibility before issuing a license.

Trans 102.07(2) (2) The department may not issue a product until the department receives driver record information from the commercial driver license information system, the national driver registry, and the state pointer exchange system.

Trans 102.07 Note Note: See s. 343.03 (5), Stats.

Trans 102.07(3) (3) Except as provided in pars. (a) to (d), the department may not issue a commercial driver license to an applicant whose operating privilege is suspended, cancelled, revoked, or disqualified under the law of another jurisdiction or the U.S.

Trans 102.07(3)(a) (a) If the applicant’s operating privilege is disqualified in another jurisdiction, the department may only issue the applicant a commercial driver license if the disqualification period has expired and the applicant qualifies for issuance of a commercial driver license in the other jurisdiction.

Trans 102.07(3)(b) (b) If the applicant’s commercial operating privilege is disqualified by the U.S., and not by any other jurisdiction, the department may only issue the applicant a commercial driver license if the disqualification has expired and the applicant qualifies for issuance of a commercial driver license in this state.

Trans 102.07(3)(c) (c) If the applicant’s operating privilege is suspended or revoked in another jurisdiction, the department may only issue the applicant a commercial driver license if the applicant reinstates their operating privilege in the other jurisdiction.

Trans 102.07(3)(d) (d) If the applicant’s operating privilege is cancelled in another jurisdiction, the department may only issue the applicant a commercial driver license if the applicant qualifies for issuance of a commercial driver license in the other jurisdiction.

Trans 102.07 Note Note: See s. 343.06 (2), Stats., 49 CFR 383.52 (d), 384.210, and 384.214, and 49 USC 31311 (a) (10) (A).

Trans 102.07 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (2), Register, November, 1994, No. 467, eff. 12-1-94; am. (2), Register, December, 1999, No. 528, eff. 1-1-00; CR 23-042: am. (title), r. (intro.), r. and recr. (2), (3) Register April 2025 No. 832, eff. 5-1-25.

Trans 102.11 Trans 102.11 Fees. To maintain the existing license renewal cycle when upgrading a valid license, the department shall prorate the statutory fees under s. 343.21 (1) (a), (b) and (d), Stats., required to be paid to the department to upgrade a license.

Trans 102.11(1) (1) Upgraded class. If a license is upgraded by adding class A, B, C, D or M privileges to an existing operator’s license, the following apply to determine the applicable fee under s. 343.21 (1) (a), (b) or (d), Stats.:

Trans 102.11(1)(a) (a) When 365 days or more remain on the existing license, the license holder shall pay the prorated fee for the upgraded license determined by the department as follows:

Trans 102.11(1)(a)1. 1. Multiply the number of days remaining on the existing license from the date of application by the statutory fee and divide by 2920. The number of days include the day of expiration, but not the day of application.

Trans 102.11(1)(a)2. 2. Round the resulting quotient to the nearest whole dollar amount. The license upgraded for this fee shall expire on the expiration date of the existing license or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.

Trans 102.11(1)(b) (b) When more than 90 but less than 365 days remain on the existing license, the license holder may do either of the following:

Trans 102.11(1)(b)1. 1. Pay the prorated fee as determined under par. (a). The license upgraded for this fee shall expire on the expiration date of the existing license or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.

Trans 102.11(1)(b)2. 2. Pay the prorated fee as determined under par. (a) and the statutory fee. The license upgraded for this fee shall expire 8 years from the expiration date of the existing license or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.

Trans 102.11(1)(c) (c) When 90 days or less remain on the existing license, the license holder shall pay the prorated fee as determined under par. (a) and the statutory fee. The license upgraded for this fee shall expire 8 years from the expiration date of the existing license or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.

Trans 102.11(2) (2) No fee identification. The department shall not charge a fee for issuing or reissuing an identification card for purposes of voting under s. 343.165 (8) (g) or 343.50 (5) (a) 3., Stats., or for an identification card issued under s. 343.50, Stats., if the requirements of s. 343.50 (5) (a) 2. are met.

Trans 102.11(3) (3) Replacement of defective products. The department shall reissue a product without fee if the product is inaccurate because of a department error or if the card on which it was produced is defective.

Trans 102.11(4) (4) Change in restrictions. The department shall not charge a fee for operator’s license issuance due to the addition or removal of a license restriction, except for removing a K or L restriction.

Trans 102.11(5) (5) Removal of endorsement. A person who is issued a new operator’s license to remove an endorsement shall pay the fees specified in s. 343.21 (1) (L) and (n), Stats.

Trans 102.11(6) (6) Duplicate licenses. A person who obtains a duplicate license shall pay the fees specified in s. 343.21(1) (L) and (n), Stats.

Trans 102.11 Note Note: See s. 343.21 for all operator’s license fees.

Trans 102.11 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; cr. (intro.), r. and recr. (1) and (2), r. (3), Register, September, 1992, No. 441, eff. 10-1-92; am. (1) (a) 1., (b) 2., (c) and (2), Register, December, 1999, No. 528, eff. 1-1-00; CR 06-082: am. (1) (a) 2., (b) 1. and 2. and (c) Register December 2006 No. 612, eff. 4-1-07; CR 23-042: am. (title), (1) (title), r. and recr. (2), cr. (3) to (6) Register April 2025 No. 832, eff. 5-1-25; correction in (2), (6) made under s. 35.17, Stats., Register April 2025 No. 832.