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: Trans 101.02(5)(5) Zero demerit point violations. The department may not assess demerit points for any of the following violations: Trans 101.02(5)(e)(e) Failure to wear mandatory protective headgear while operating a Type 1 motorcycle. Trans 101.02(5)(g)(g) Falsified application for operator’s license, identification card or motor vehicle title or registration. Trans 101.02(5)(o)(o) Operating a Type 1 motorcycle with handlebars that exceed the legal height limit. Trans 101.02(5)(p)(p) Operating a Type 1 motorcycle with rear passenger pegs that are at an illegal height. Trans 101.02(5)(q)(q) Operating a commercial motor vehicle or being on duty time with respect to a commercial motor vehicle while having any measured alcohol concentration above 0.0 but less than 0.04 or within 4 hours of having consumed or having been under the influence of an intoxicating beverage, regardless of its alcohol content. Trans 101.02(5)(r)(r) Operating a commercial motor vehicle with an alcohol concentration of 0.04 or more but less than 0.1 and not causing injury. Trans 101.02(5)(wm)(wm) Unnecessary noise or loud radio audible from a distance of 75 feet or more. Trans 101.02 NoteNote: Wis. Stat. s. 345.20 (2) (f) and (g) provides that demerit points may not be assessed for the firearms offenses set forth in Wis. Stat. s. 167.31 (2) (b), (c), or (d) or for littering in violation of Wis. Stat. s. 287.81. Trans 101.02(6)(6) Similar offenses. The point schedule in this section covers violations of state traffic laws, local ordinances, tribal traffic laws, federal traffic laws, traffic regulations, s. UWS 18.04, and department administrative rules which are similar to the violations described in subs. (1) to (5), even if the language of the law, ordinance, regulation or rule may vary. Trans 101.02(7)(a)(a) Any person who holds an instruction permit or probationary license on the date of a conviction, or an unlicensed person who would be issued a probationary license or instruction permit if proper application were made and all other requirements for license were met, shall be assessed double the demerit point value shown for convictions set forth in subs. (1) to (4) if the record indicates that the person has been previously convicted of an offense for which demerit points were assessed under s. 343.32, Stats. This paragraph does not apply to a conviction for violation of any offense under ch. 347, Stats. Trans 101.02 NoteNote: Commercial driver licenses are never issued on a probationary basis. S. 343.085 (2) (b), Stats. Chapter 347, Stats., deals with vehicle equipment requirements. DMV is required to double demerit points for most offenses and is prohibited from increasing points assessed to a driver for a vehicle equipment violation by s. 343.32 (2) (bc), Stats. Trans 101.02(7)(b)(b) Any person whose operating privilege has been revoked or canceled while unlicensed or while licensed under a probationary license shall be issued a reinstated probationary license for the same period as an original probationary license. Trans 101.02(8)(8) General rules for point cases. In determining whether a person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws and whether suspension of operating privileges pursuant to s. 343.32 (2), Stats., for the accumulation of demerit points is appropriate, the department shall conform to the following rules, which are set forth in their order of priority, and subject to the exceptions set forth in sub. (9), for purposes of initially determining whether to suspend a driver’s operating privilege:
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