This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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 NoteNote: 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)(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 HistoryHistory: 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 102.04Trans 102.04Product 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 HistoryHistory: 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 102.07Trans 102.07National 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 102.11Trans 102.11Fees. 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 NoteNote: See s. 343.21 for all operator’s license fees.
Trans 102.11 HistoryHistory: 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.
Trans 102.14Trans 102.14Issuance.
Trans 102.14(1)(1)The department may not issue a product if any of the following apply:
Trans 102.14(1)(a)(a) The computer system or equipment is not functioning in a manner that will allow the department to produce the product.
Trans 102.14(1)(b)(b) Further verification of eligibility is necessary to comply with requirements for issuance of the product under ch. 343, Stats., or this chapter.
Trans 102.14(1)(c)(c) There are administrative reasons for not issuing the product immediately, for purposes including, but not limited to, conducting a study or establishing a control group.
Trans 102.14(1)(d)(d) The applicant does not provide a sample signature for reproduction on the product in the format first name, middle initial or name, last name; or in the format first name, last name. An applicant may not include in a signature any information other than the applicant’s name.
Trans 102.14 NoteNote: See s. 990.01 (38), Stats., for applicants who are unable to write.
Trans 102.14(1)(e)(e) The applicant possesses products issued in another jurisdiction and does not surrender the products.
Trans 102.14(1)(f)(f) The applicant is issued a Class D or M 60-day extension card under sub. (7). This prohibition shall not apply once the reason for denying an operator’s license and issuing an extension under sub. (7) (a) is satisfied.
Trans 102.14(1)(g)(g) The department is unable to verify any of the information required under ch. 343, Stats., or this chapter.
Trans 102.14(1)(h)(h) The department determines the application contains inaccurate or false information.
Trans 102.14(1)(i)(i) The department determines the applicant is ineligible for the product under ch. 343, Stats., or this chapter.
Trans 102.14(2)(2)The department may not issue an identification card without charge for voting purposes to any person who is not a U.S. citizen or who is not at least 17 years of age. The department may not determine whether a person is otherwise eligible to vote.
Trans 102.14(3)(3)The department may issue a temporary product if the person is eligible under s. Trans 102.15 (2) (d) or (8) or s. 343.50 (1) (c) 1., Stats. The temporary product shall be valid until the permanent product is delivered by mail or the person is determined to be ineligible for the product.
Trans 102.14 NoteNote: See s. 343.20 (1m), Stats.
Trans 102.14(4)(a)(a) Temporary residents.
Trans 102.14(4)(a)1.1. A product issued to a person who is neither a citizen nor a permanent resident of the United States may not expire later than the last date the person is eligible to remain in the United States.
Trans 102.14(4)(a)2.2. The department shall issue a product with an expiration date as determined by s. Trans 102.03 (3) to a person who is neither a citizen nor a permanent resident of the United States and whose last date of eligibility to remain in the United States is undetermined.
Trans 102.14(4)(a)3.3. A product issued to a person whose proof of legal presence is specified in s. 343.14 (2) (es) 4. to 7., Stats., and whose term of stay in the United States is undefined shall expire one year after issuance or renewal.
Trans 102.14(4)(a)4.4. Nationals from the Federated States of Micronesia, Palau, or the Marshall Islands may be issued a product valid for one year if the department verifies the person’s passport and arrival-departure record card as proof of identity. If a national from one of these countries presents an employment authorization document defining a specific period of employment eligibility in the United States, any product issued to them shall be for that defined period and shall not exceed the maximum duration of that product under state law.
Trans 102.14(4)(b)(b) Renewal of temporary resident products. No product may be renewed to a person no longer eligible to remain in the United States.
Trans 102.14(5)(a)(a) Temporary visitors. A product, other than a commercial driver license, issued to a person who establishes proof of residence under sub. (4) and whose legal status in the United States is not permanent, shall be labeled “limited term.”
Trans 102.14(5)(b)(b) Non-domiciled persons. A commercial driver license issued to a person who establishes proof of residence under sub. (4), is not a citizen of Mexico or Canada, and whose proof of legal status in the United States does not prove a right to remain permanently in the United States shall be labeled “non-domiciled.”
Trans 102.14 NoteNote: Citizens of Mexico and Canada must obtain commercial driver licenses from their home country under 49 CFR 383.23 (b) (1), footnote 1.
Trans 102.14(5)(c)(c) Law enforcement. Products issued to law enforcement for confidential investigative purposes may contain fictitious information.
Trans 102.14 NoteNote: Records related to such products shall not be open to public inspection under s. 19.35, Stats.
Trans 102.14(5)(d)(d) Character set used for names. Names transcribed on a product shall be limited to the English alphabet, without diacritical marks. Apostrophes and hyphens may be used in a name. In the event other symbols are used as part of a name, the department may phoneticize the name or transcribe it in a manner that matches the applicant’s social security card or other identity documents.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.