Register September 2010 No. 657
Chapter Trans 101
DEMERIT POINT SYSTEM AND GRADUATED DRIVER LICENSE
RESTRICTION EXTENSIONS
Trans 101.01 Purpose and definitions. Trans 101.02 Point schedule. Trans 101.04 Suspension of license for accumulation of demerit points. Trans 101.06 Revocation and suspension of operating privileges. Trans 101.07 Reduction of point value for attendance at driver improvement counseling, traffic safety school or defensive driving courses. Trans 101.10 Graduated driver license eligibility and restriction extensions. Ch. Trans 101 NoteNote: Chapter MVD 11 as it existed on September 30, 1972 was repealed, and a new chapter MVD 11 was created effective October 1, 1972; chapter MVD 11 as it existed on June 30, 1981 was renumbered to be chapter Trans 101 effective July 1, 1981.
Trans 101.01(1)(1) The purpose of this chapter is to administratively interpret those portions of chs. 343 to 349, Stats., relating to establishing a traffic violation demerit point system, and to administratively interpret provisions of the statutes related to the revocation and suspension of a person’s operating privilege. Trans 101.01(2)(2) The words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter, except as provided in sub. (3). Trans 101.01(3)(a)(a) “Federal traffic law” means any federal law that is in strict conformity with a state traffic law. Trans 101.01(3)(b)(b) “Point case” or “demerit point case” means a suspension of operating privileges imposed upon an individual under s. 343.32 (2), Stats., and this chapter, as the result of the accumulation of demerit points. A conviction shall be considered part of a point case if the demerit points assessed for the conviction are used as part of the total in determining whether to suspend a person’s operating privilege for accumulation of demerit points. Trans 101.01(3)(c)(c) “Released,” when used with reference to a point case, means that the department has vacated a demerit point suspension affecting a driver due to the appeal, vacation, reversal, or amendment of a conviction that results in the driver not being subject to a suspension for accumulation of demerit points. Trans 101.01(3)(d)(d) “State traffic law” means any law under ch. 194, chs. 340 to 348 and ch. 351, Stats., in which the movement or operation of a motor vehicle is an element of the offense. Trans 101.01(3)(e)(e) “Tribal traffic law” means a law enacted by a federally-recognized American Indian tribe or band in this state that strictly conforms to a provision in chs. 341 to 348, Stats. Trans 101.01 HistoryHistory: Cr. Register, June, 1981, No. 306, eff. 7-1-81; r. and recr. (2), Register, December, 1990, No. 420, eff. 1-1-91; CR 07-081: am., cr. (3) Register June 2008 No. 630, eff. 7-1-08. Trans 101.02Trans 101.02 Point schedule. Pursuant to s. 343.32 (2), Stats., the department has established this demerit point system to identify habitually reckless or negligent operators or those who have repeatedly violated traffic laws. Upon receipt of a notice of conviction for an offense under the state traffic laws, a local ordinance, a tribal or federal traffic law, a violation of s. UWS 18.04, or a traffic regulation, the department shall assess demerit points against the driver record of the person convicted of the offense in the manner and to the extent required by this section and s. 343.32, Stats. The following scale lists violations according to the number of demerit points assessed, with higher point values being assessed for more severe offenses: Trans 101.02(1)(1) Six demerit point violations. The department shall assess 6 demerit points for any of the following violations: Trans 101.02(1)(b)(b) Fleeing or attempting to elude an officer, or knowingly resisting an officer by failing to stop a vehicle. Trans 101.02(1)(e)(e) Operating commercial vehicle with alcohol concentration of 0.04 or more but less than 0.1 and causing injury. Trans 101.02(1)(g)(g) Operating while under influence of intoxicant or controlled substance, or with a prohibited alcohol concentration. Trans 101.02(1)(h)(h) Racing on public highway or engaging in a contest of speed or endurance. Trans 101.02(1)(j)(j) Speeding 20 miles per hour or more in excess of lawful or posted speed. Trans 101.02(2)(2) Four demerit point violations. The department shall assess 4 demerit points for any of the following violations: Trans 101.02(2)(e)(e) Failure by operator to stop for school bus when red lights are flashing. Trans 101.02(2)(f)(f) Failure to yield right of way or failure to yield right of way to emergency vehicle. Trans 101.02(2)(i)(i) Speeding more than 10 miles per hour but less than 20 miles per hour in excess of lawful or posted speed. Trans 101.02 NoteNote: Unnecessary acceleration is a valid traffic regulation. City of Janesville v. Garthwaite, 83 Wis. 2d 866 (1978). Trans 101.02(2)(k)(k) Under age 21, operating motor vehicle with any measured alcohol concentration. Trans 101.02(3)(3) Three demerit point violations. The department shall assess 3 demerit points for any of the following violations: Trans 101.02(3)(a)(a) Violation of a restriction on a graduated driver license related to the time or route of travel or passengers permitted. Trans 101.02 NoteNote: This includes arterial signs, one-way signs or traffic signs or signals. See s. 340.01 (38), Stats. Trans 101.02(3)(i)(i) Improper or unlit or missing lamps or lights, including clearance lamps, spotlamps, headlamps, brake lamps, tail lamps and signal lamps, but not including registration plate lamps or failure to use cycle headlamps during daylight hours. Trans 101.02(3)(k)(k) Operating without having obtained an operator’s license, without a proper license endorsement, without proper license classification for the vehicle being operated, or with a license which has expired, and including the following: Trans 101.02(3)(k)1.1. Operating a commercial motor vehicle without having obtained a commercial driver license. Trans 101.02(3)(k)3.3. Operating a Type 1 motorcycle without a license authorizing the operation of class “M” vehicles. Trans 101.02(3)(m)(m) Possession of intoxicating beverage while operating or being on duty time with respect to a commercial motor vehicle. Trans 101.02(3)(n)(n) Speeding 10 miles per hour or less in excess of lawful or posted speed. Trans 101.02(3)(r)(r) Operating commercial motor vehicle while disqualified or out of service. Trans 101.02(4)(4) Two demerit point violations. The department shall assess 2 demerit points for any of the following violations:
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