Chapter Trans 101

Trans 101.07(5) (5) Driver records with fewer than three assessed demerit points. In those instances where the person successfully completes an approved course and is otherwise entitled to point reduction and the person’s record has less than 3 points, the person’s record will be reduced by the number of points on the record. No credit will be applied toward future point assessments nor shall the opportunity be given to have the point total reduced again within a 3-year period.

Trans 101.07(6) (6) Notice regarding point reduction. The department may notify individuals of the opportunity for point reduction under this section.

Trans 101.07(7) (7) Credit applies as of the date of course completion. Any demerit point credit granted under this section shall be applied as of the date the instructor certifies the student successfully completed the course.

Trans 101.07(8) (8) Point case release resulting from point reduction. The department shall release a point case suspension of a driver who was suspended for demerit points if application of a point reduction under this section results in the total assessed demerit points on the person’s driver record being less than 12 demerit points.

Trans 101.07(9) (9) Reduction applies only to point assessments based on prior violations. Demerit point reductions under this section shall apply only to demerit points assessed as a result of convictions for violations that occurred on or before the date of course completion. Demerit point reductions under this section resulting from attending a motorcycle rider course shall apply only to demerit points from convictions for offenses which were committed by the driver while operating a class “M” vehicle on or before the date of the course completion. Demerit points for violations occurring after the date of course completion shall be added to any current demerit point value and may not be reduced by a credit granted under this section as a result of attending that course.

Trans 101.07 Note Note: A person who commits violations after course completion may be able to retake the course or take a different course for point reduction, provided the person does not seek more than one reduction in a 3-year period.

Trans 101.07(10) (10) Fees. A person seeking the point reduction under this section shall be responsible for any and all fees charged for any course the person attends.

Trans 101.07 History History: Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from MVD 11.08 and am. (1) to (9), cr. (10), Register, June, 1981, No. 306, eff. 7-1-81; am. (1), (2) and (8), cr. (11), Register, March, 1990, No. 411, eff. 4-1-90; r. (6), renum. (7) to (11) to be (6) to (10) and am. (8), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to correct error in (8), Register, October, 1991, No. 430; cr. (1) (d), am. (2) and (9), r. (4), Register, March, 1994, No. 459, eff. 4-1-94; CR 07-081: am. (1) (intro.), (a) and (b), (2), (3), (5), (9) and (10), r. and recr. (6) to (8) Register June 2008 No. 630, eff. 7-1-08.

Trans 101.10 Trans 101.10 Graduated driver license eligibility and restriction extensions.

Trans 101.10(1) (1) The department may not issue a license to a person under s. 343.085 (1) (b), Stats., if the person has committed any offense for which demerit points are assessed under this chapter, or any offense under the law of another jurisdiction for which demerit points would be assessed if the offense were committed in this state, within the preceding 6 months, except:

Trans 101.10(1)(a) (a) Any violation of ch. 347, Stats., resulting in the assignment of 2 or fewer demerit points under this chapter, or a similar violation under law of another jurisdiction, except child safety restraint, seat belt and defective speedometer violations.

Trans 101.10(1)(b) (b) Illegal riding of a moped or motorcycle.

Trans 101.10(2) (2) 

Trans 101.10(2)(a) (a) Except as provided in par. (b), the department shall extend graduated driver license restrictions required under s. 343.085 (2m) (a), Stats., if the person has committed any offense for which demerit points are assessed under this chapter or any of the following offenses:

Trans 101.10(2)(a)1. 1. Operation of a motor vehicle by a person who has not attained the legal drinking age while having an alcohol concentration greater than 0.0 and less than 0.1.

Trans 101.10(2)(a)2. 2. Refusal of chemical testing under the implied consent law.

Trans 101.10(2)(a)3. 3. Operation of a commercial motor vehicle with an alcohol concentration greater than 0.04 and less than 0.10.

Trans 101.10(2)(a)4. 4. Operation of a commercial motor vehicle with an alcohol concentration above 0.0, within 4 hours of having consumed or having been under the influence of an intoxicating beverage, or while possessing an alcoholic beverage.

Trans 101.10(2)(a)5. 5. Failure to notify the owner of any property on or adjacent to a highway that is damaged in an accident.

Trans 101.10(2)(a)6. 6. Any offense committed in another jurisdiction for which demerit points would be assessed if the offense were committed in this state.

Trans 101.10(2)(a)7. 7. Child safety restraint, seat belt and defective speedometer violations.

Trans 101.10(2)(b) (b) Notwithstanding par. (a), the department may not extend the graduated driver license restrictions required under s. 343.085 (2m) (a), Stats., solely for committing any of the following offenses:

Trans 101.10(2)(b)1. 1. Any violation of ch. 347, Stats., resulting in the assignment of 2 or fewer demerit points under this chapter, except child safety restraint, seat belt and defective speedometer violations, or a similar violation under the law of another jurisdiction.

Trans 101.10(2)(b)2. 2. Illegal riding of a moped or motorcycle.

Trans 101.10 Note Note: These offenses are specified in ss. 346.595 and 347.487, Stats.

Trans 101.10(2)(b)3. 3. Operating with multiple licenses.

Trans 101.10(2)(b)4. 4. 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 101.10(2)(b)4.a. a. Operating a commercial motor vehicle without having obtained a commercial driver license.

Trans 101.10(2)(b)4.b. b. Operating a school bus without having obtained a school bus endorsement.

Trans 101.10(2)(b)4.c. c. Operating a Type 1 motorcycle without a license authorizing the operation of class “M” vehicles.

Trans 101.10 Note Note: The Division of Motor Vehicles’ charge codes for these offenses are OWL — “Operating Without a License,” s. 343.05 (3), Stats., and CUL — “Commercial Unlawful License,” s. 343.05 (2), Stats.

Trans 101.10(2)(b)5. 5. Operating while suspended or revoked.

Trans 101.10(2)(b)6. 6. Operating while disqualified.

Trans 101.10(2)(b)7. 7. Unnecessary acceleration.

Trans 101.10(2)(c) (c) Only one extension of graduated driver license restrictions may result from any one incident or occurrence.

Trans 101.10 Note Note: Unnecessary acceleration is not a violation of ch. 110, 194, 341 to 349, or 351, Stats., but is an ordinance violation. Because s. 343.085 (2m) (b) 1. a., Stats., provides that GDL restrictions can only be extended for “moving violations” and ordinance violations for ordinances not conforming to chs. 110, 194, 341 to 349, or 351, Stats., are not “moving violations,” as that term is defined in s. 343.01 (2) (cg), Stats., GDL restrictions cannot be extended for unnecessary acceleration or squealing tire violations.

Trans 101.10 History History: Cr. Register, August, 2000, No. 536, eff. 9-1-00; CR 07-081: cr. (2) (a) 7. Register June 2008 No. 630, eff. 7-1-08; CR 10-040: am. (1) (b) and (2) (b) 2., cr. (2) (b) 7. Register September 2010 No. 657, eff. 10-1-10.