Wisconsin Legislature: Trans 129.10(6)(b)

6. Racing on a public highway or engaging in a contest of speed or endurance.

7. Reckless driving.

8. Speeding 20 miles per hour or more in excess of lawful or posted speed.

Note: The offenses described would all be 6-point offenses if committed in this state. See s. Trans 101.02 (1). There is no requirement that the other jurisdiction’s statute strictly conform to Wisconsin’s, only that it prohibits similar conduct. Variations in language from that used in Wisconsin statutes is expected and will not render a violation dissimilar. The department considers the type of conduct prohibited by the other jurisdiction’s law, not the particular conduct committed by the licensee.

(b) Has been involved in 2 or more accidents in the preceding year and the accident report for more than one accident indicates that the person may have been causally negligent.

(c) Has had his or her operator’s license revoked or suspended for a traffic violation other than a parking violation, failure to pay a forfeiture or other debt of any type, at any time during the preceding year.

Note: Nothing in this rule prohibits a rider education provider or the curriculum provider from imposing more stringent driver record or background requirements upon rider coaches.

(4) Ongoing conduct requirements. A rider coach shall:

(a) Conduct rider courses and programs at authorized training sites, in conjunction with an approved rider education provider, and in a manner that meets the standards required by the curriculum provider.

(b) Maintain a low risk and positive learning environment for all students.

(d) Operate a motorcycle on a frequent, routine basis during the riding season.

(e) Ride, drive, and teach classes free of intoxicants, controlled substances, and controlled substance analogs as defined in ch. 340, Stats.

(f) Wear protective gear when riding to, from, and during on-cycle rider training activities.

(g) Complete rider coach or rider coach trainer professional development in addition to training required for initial licensure under this chapter if required by the curriculum provider or the department.

(h) Exhibit professional conduct, including having an appropriate appearance, using appropriate language, exhibiting positive verbal and written messages, and engaging in positive interaction with others that is free from intimidation or threat.

(i) Provide each student who successfully completes a rider course a course completion card. If the rider used a 3-wheeled vehicle on the range portion of the course, provide a notation that the course was completed on a 3-wheeled vehicle on the course completion card.

(5) Ineligibility for and suspension of rider coach license.

(a) The department shall suspend the license of or deny an application for a rider coach license for a person who does not meet the license eligibility criteria of sub. (2), whose driver record does not meet the requirements of sub. (3), or who does not meet the conduct requirements of sub. (4).

1. A person whose license is suspended because the person does not meet the licensing criteria of sub. (2) may reapply for a rider coach license or apply to apply reinstate a suspended rider coach license when the person is eligible licensing under sub. (2).

2. A person whose license is suspended because the person failed to meet the driver record requirements of sub. (3) may reapply for a rider coach license or apply to reinstate a suspended rider coach license one year from the conviction date for the latest offense that led to imposition of the suspension under sub. (3), or the date that offense was reported to department as required by s. Trans 129.23, whichever is later.

3. A person whose license is suspended because the person failed to meet the conduct requirements of sub. (4) shall be eligible to reinstate the suspended rider coach license at the end of the suspension period.

4. A person whose license is suspended for any combination of the reasons specified in subd. 1. to 3. shall be eligible to reinstate the suspended rider coach license at the end of all of the suspension periods.

(b) The department shall suspend the license of a person whose authorization or certification to teach a curriculum is cancelled, suspended, revoked, or otherwise withdrawn by a curriculum provider. The person may reapply for or reinstate a rider coach license when the person is reauthorized to conduct training by the curriculum provider.

(c) No person may act as a classroom or range instructor at a school that issues skill test waivers or demerit point reductions if the person’s rider coach license is cancelled or suspended.

Note: See s. Trans 129.08 (2) (e).

(d) Rider coaches may be evaluated from time to time by the department. If the department evaluates a rider coach and determines that the individual fails to meet the standards set by this chapter, the department may require the rider coach to participate in a training program provided by the applicable curriculum provider, and may cancel that rider coach’s license if the individual does not complete the required training within the time specified by the department.

(6) Rider coach licenses.

(a) The department shall assign all licensed rider coaches a rider coach number.

(b) A rider coach license shall be valid through the same date as the authorization the person receives from the curriculum provider to conduct motorcycle rider classes, unless the authorization from the curriculum provider is cancelled or suspended.

Note: The intent of this provision is to reduce administrative burdens on rider coaches by having all reauthorization activities by the department and the curriculum provider coincide.

(c) The department shall evaluate each rider coach’s qualifications under this section at least once during each license period and shall take action as required under sub. (5) if the evaluation concludes that the rider coach is ineligible to be licensed.

(7) Rider coach training qualification. To develop and maintain a state-wide pool of motorcycle rider coaches, the department may manage enrollment into department-sponsored motorcycle rider coach instruction classes in any of the following manners:

(a) Exclude applicants from rider coach training classes who are not sponsored by a rider education provider.

(b) Grant preference to persons who are applying to become rider coaches in parts of the state where additional instructors are needed.

(c) Exclude applicants who do not meet the background or driver record qualification requirements for a motorcycle rider coach.

(d) Interview and select rider coach applicants who the interviewing panel concludes are most likely to succeed as motorcycle rider coaches.

(e) Limit the number of persons it will enroll in rider coach training classes if the number of applicants exceeds the number of available student positions in the department-sponsored rider coach training class.

(8) Rider coach trainers. The department may maintain a list of rider coach trainers who are certified by the curriculum provider as rider coach trainers, and who undergo all training and evaluations required to maintain that certification. Rider coach trainers shall be subject to the requirements of subs. (2) and (3) and hold a rider coach license. Only certified rider coach trainers may provide rider coach preparation courses or orientations.

Note: Persons trained in other jurisdictions, or via training by the military or a federal agency may qualify as instructors under sub. (2) (b).

History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (1), (2) (c), (d) and (4) (c), r. (2) (b), cr. (2) (e) Register February 2008 No. 626, eff. 3-1-08: CR 23-043: am. (title), renum. (1) to (1m) and am., renum. Trans 129.19 (1) to (1), r. and recr. (2), am. (3) (intro.), (a), cr. (3) (am), am. (b), r. and recr. (4), (5), cr. (6) to (8) Register November 2024 No. 827, eff. 12-1-24; correction in (3) (am) (intro.) made under s. 35.17, Stats., Register November 2024 No. 827.

Trans 129.11 Course evaluation.

(1) Evaluation of basic rider education courses may include any of the following:

(a) An on-site inspection of the rider course program by personnel authorized by the department.

(b) A review of the ratio of passing to failing students, including reasons any students did not complete the course.

(c) Evaluation of the facilities and instruction for compliance with statutory requirements and these rules, and in a manner consistent with evaluation criteria specified by the curriculum provider.

(2) An evaluation may not be conducted by a person who teaches at or is employed by the site that is subject to the evaluation.

(3) On-site evaluation reports shall be submitted to the department within 10 days of the evaluation.

History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: renum. to be (1), cr. (2) and (3) Register February 2008 No. 626, eff. 3-1-08; CR 23-043: am. (1) (a), cr. (1) (c), am. (2) Register November 2024 No. 827, eff. 12-1-24.

Trans 129.12 Hearing following cancellation, suspension, or denial of licenses.

(2) A school or instructor may be reauthorized after cancellation or nonrenewal when all the following conditions have been met:

(a) Any period of cancellation as set by the department has been completed and any revoked or suspended instruction school or instructor license is reinstated.

(b) The school or instructor submits an application for reauthorization.

(c) The department is satisfied that the conditions which led to the cancellation have been corrected or no longer exist.

(3) A person adversely affected by a cancellation, suspension, or refusal to issue or renew a license issued under this chapter may request a hearing before the department to review the cancellation, suspension, or nonrenewal. A request for hearing shall be made in writing and shall be filed with the department within 30 days of the date of the notice of cancellation or suspension or notice that the person's license may not be renewed or is denied. If the department receives a request for hearing which satisfies the requirements of this subsection, the department shall conduct a prompt informal hearing within 15 days after receiving the request. If the matter is not resolved after an informal hearing is completed, the person adversely affected by the department’s licensing action may request a full evidentiary hearing before the department, pursuant to ch. 227, Stats. A request for hearing shall be in writing and shall be filed with the department within 30 days after the completion of the informal hearing. A request for an informal or a full evidentiary hearing does not stay the effect of a suspension, cancellation, denial, or nonrenewal, unless the suspension, cancellation, denial, or nonrenewal is expressly stayed in writing by the department.

Note: Persons affected by sub. (1) (j) are afforded due process by a pre-license revocation hearing under s. 343.69, Stats.

History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (1) (j) Register February 2008 No. 626, eff. 3-1-08; CR 23-043: am. (title), r. (1), am. (3) Register November 2024 No. 827, eff. 12-1-24.

Trans 129.13 Student participation reports and course completion cards.

(1) A rider education provider shall report all of the following to the department within 48 hours of completion of a rider education class for each student through the department’s online driver education course information system:

(a) The name of the rider coach who taught the course attended by the student.

(b) Whether the student took the skills test on a 3-wheeled vehicle.

(d) The student's operator's license number.

(e) Whether the person qualifies for and has requested a skill test waiver.

(f) If department computer systems are modified to permit electronic reporting of demerit point reduction qualification, whether the person qualifies for and has requested a demerit point reduction.

(g) The date the student completed the course.

(2) No report shall be required for a student who fails the skills test unless department electronic reporting systems will accept reports of failed skills tests.

(3) A rider coach shall complete a course completion card issued by the curriculum provider and provide the card to the student upon the student's successful completion of a basic rider course or a basic course for experienced riders. If the rider took the course or skills test on a 3-wheeled vehicle, the rider coach shall indicate that fact on any course completion card provided to the student.

(4) Rider coaches may not issue a course completion card to, nor report eligibility for a waiver for, a person who completed a basic rider course or rider course for experienced riders in another state or at a different school than the school at which the coach provides instruction.

Note: Successful completion of the course includes passing skills and knowledge tests required by s. Trans 129.09 (5). Riders should obtain course completion card from the site that provided instruction and provide that form, or proof of course completion in another state, to the division of motor vehicles when the student applies for a “Class M” endorsement in Wisconsin. See s. Trans 129.07 (2) (a). Because of the different skills required for 2-wheeled motorcycles and 3-wheeled motorcycles, the department restricts a rider’s “Class M” operating privilege who take DMV tests or who take rider courses on 3-wheeled vehicles to 3-wheeled motorcycle operation.

History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 04-132: r. (1) (c), r. and recr. (1) (e) Register April 2005 No. 592, eff. 5-1-05; CR 23-043: r. and recr. Register November 2024 No. 827, eff. 12-1-24.

Trans 129.14 Priorities. The department shall administer the program to support the following activities in the order of priority indicated:

(1) Motorcycle riding courses.

(2) Public awareness program.

(3) Safety education.

(4) Improved testing.

History: Cr. Register, January, 1998, No. 505, eff. 2-1-98.

Trans 129.15 Motorcycle riding course grants.

(1) Application and contract. Upon application and approval, the department shall enter into grant contracts with applicants for the reimbursement of expenses incurred in conducting motorcycle riding courses.

Note: Application and grant contract information is available from the Department of Transportation, Bureau of Transportation Safety, Motorcycle Safety Program, 4822 Madison Yards Way, Madison, Wisconsin 53707 or via email sent to wmsp@dot.wi.gov.

(2) General grant policies.

(a) The department in considering grant applications shall attempt to avoid or minimize the offering of duplicate courses by applicants in the same geographic area where demand for courses has not exceeded the student capacity of existing course providers.

(b) In allocating funds, the department may:

1. Give priority to training instructors.

2. Attempt to encourage courses in all areas of the state.

3. Avoid a concentration of grants in any one geographic area.

4. Give priority to funding basic rider courses and basic courses for experienced riders over other courses.

5. Give priority to creating new programs over expanding existing programs.

6. Give priority to innovative or pilot programs.