Chapter Trans 102

Trans 102.02(7)(a) (a) A license or identification card issued to a person who previously held a license or identification card but who does not have an existing driver file; or

Trans 102.02(7)(b) (b) A license or identification card issued to a person whose license or identification card has been canceled or revoked.

Trans 102.02(7m) (7m) “Photograph” or “photo” means a printed image created by use of a photographic or digital camera process.

Trans 102.02(8) (8) “Reinstate” means the process of issuing a license to a person following a withdrawal of the person’s operating privilege or license by cancellation, suspension, revocation, or disqualification. The term also includes the process of issuing an identification card to a person who previously had an identification card canceled or revoked.

Trans 102.02(9) (9) “Reissue” means the process of issuing a license or identification card because of any of the following:

Trans 102.02(9)(a) (a) A change in license restrictions.

Trans 102.02(9)(b) (b) Department errors or defects in the license such as an unrecognizable photograph.

Trans 102.02(9)(c) (c) A change of address processed under s. 343.22 (2m), Stats.

Trans 102.02 Note Note: Refer to s. 343.21 (1) (h), Stats., regarding fees for changes in commercial driver license restrictions.

Trans 102.02(10) (10) “Special restrictions card” means a card prepared by the department and issued to a person when non-encoded or lengthy restrictions to a license are necessary.

Trans 102.02 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. Register, January, 1984, No. 337, eff. 2-1-84; am. intro. and (3), r. (7) to (10), renum. (1) and (2) to be (2) and (10) and am., cr. (1), (4g), (4p), (5m), (6m), (6n), (7) to (9), Register, December, 1990, No. 420, eff. 1-1-91; r. (6), renum. (6m) to be (6), am. (9) (intro.), (a) and (b), Register, December, 1999, No. 528, eff. 1-1-00; CR 02-131: cr. (6r) Register April 2003 No. 568, eff. 5-1-03; CR 04-100: cr. (7m) Register June 2005 No. 594, eff. 7-1-05.

Trans 102.025 Trans 102.025 Document condition and authenticity.

Trans 102.025(1) (1) General document conditions. All documents offered by persons applying for licenses or identification cards issued by the department shall be original documents, unless otherwise expressly allowed. Certified copies of government documents shall bear an original certification and the seal of the appropriate agency, or otherwise exhibit evidence to the satisfaction of the department that the document is an authentic, accurate and unaltered copy of the original government document. Mutilated, altered or uncertified photocopies of documents are not acceptable.

Trans 102.025(2) (2) Suspect document. The department may decline to accept any document required to be presented as part of an application for an operator’s license or identification card if it has any reason to suspect the authenticity of the document, the identity of the person named in the document, the identity of the applicant, that the residency information provided by the applicant is inaccurate, or for any of the reasons specified in sub. (3). In such a case, the department may retain the document and investigate its authenticity, provide the document to local, state or federal authorities, require additional documentation from the individual to establish the fact that the document was offered to prove, or any combination of these actions. Documents determined to be genuine and to identify the person who presented them shall be returned to the person, except as provided in sub. (3). Documents containing photographs of the holder may be rejected if the person is not readily recognizable from the photograph. Documents bearing signatures or reproductions of signatures of the holder may be rejected if the signature or reproduced signature does not clearly match all other signatures provided by the presenter as part of the application or on file with the department. Documents containing other data will not be accepted if any facts lead the department to question the authenticity of the document or accuracy of the data.

Trans 102.025 Note Note: This provision permits the Department to reject documentation or photos, but does not create a duty to inspect all DOT files when processing each application.

Trans 102.025(3) (3) Confiscation of document.

Trans 102.025(3)(a) (a) Employees or agents of the department may take possession of any document submitted as proof of the person’s name and date of birth, identity, residency or any other fact sought to be proven to the department and may turn those documents over to local, state or federal authorities in any of the following circumstances:

Trans 102.025(3)(a)1. 1. The document is or appears to be counterfeit.

Trans 102.025(3)(a)2. 2. The applicant presents documents related to another individual under the guise that the applicant is the other individual.

Trans 102.025(3)(a)3. 3. The document appears not to be or is not a genuine document.

Trans 102.025(3)(a)4. 4. The document appears to have been altered.

Trans 102.025(3)(a)5. 5. Law enforcement has requested the department confiscate documents presented by a specific person.

Trans 102.025(3)(b) (b) In the event the department confiscates a document and determines that it is genuine and relates to the person who presented it, the department shall return the document to the person, unless the department has provided it to other local, state or federal authorities.

Trans 102.025 Note Note: Section 343.14 (5), Stats., makes it a crime to present false information in connection with an application for a driver license or ID card.

Trans 102.025 History History: CR 04-100: cr., renum. (1) from Trans 102.15 (7) and am. Register June 2005 No. 594, eff. 7-1-05.

Trans 102.03 Trans 102.03 Photograph exemptions.

Trans 102.03(1) (1) Except as provided in this section, no license or identification card, including duplicates, shall be issued unless the person appears in person at a motor vehicle service center and is photographed.

Trans 102.03 Note Note: See s. 343.14 (3), Stats.

Trans 102.03(2) (2) A license may be issued without a photograph or with a prior photograph on file with the department to any of the following:

Trans 102.03(2)(a) (a) A Wisconsin resident who is out of state and is not able to return to Wisconsin for a renewal or duplicate license.

Trans 102.03 Note Note: See s. 343.14 (3), Stats., and sub. (3).

Trans 102.03(2)(b) (b) A Wisconsin resident who has seriously held religious convictions that do not allow the resident to be photographed. To qualify for this exemption, the person shall complete, sign and date a statement, on a form provided by the department, certifying that the person objects to being photographed due to a seriously held religious conviction.

Trans 102.03(2)(c) (c) A Wisconsin resident who requests a photograph exemption on the grounds that a photograph would not accurately reflect the person’s appearance because of the person’s temporary disfigurement, and the department finds that an exemption should be granted. In cases where an exemption is granted, the person shall apply for a duplicate operator’s license with photograph when the reason for the exemption no longer exists.

Trans 102.03 Note Note: The fee for a duplicate license may be found in s. 343.21 (1) (L), Stats. Wisconsin law does not permit the department to issue an ID without a photograph.

Trans 102.03(2m) (2m) The department may waive the requirement that a person appear at a motor vehicle service center if the department has entered into an agreement with the department of corrections under which that agency will accept application materials or take photographs for the department, the person is an inmate at a department of corrections facility, and the department receives all required photographs or application materials for the person from the department of corrections.

Trans 102.03(3) (3) A person who is issued a license without a photograph under sub. (2) (a) may be excused from the requirement of appearing in person at a motor vehicle service center at the time the duplicate or renewal license is issued. Within 30 days of return to Wisconsin, the person shall appear at a motor vehicle service center and obtain a license containing a photograph.

Trans 102.03 Note Note: See s. 343.21, Stats., for fees on duplicate licenses. Form MV3415 religious conviction exemption request is provided upon request at a department motor vehicle services center or from Wisconsin Department of Transportation, Bureau of Driver Services, License Issuance Unit, P.O. Box 7918, Madison, Wisconsin 53707.

Trans 102.03(4) (4) No photograph shall be required for temporary licenses or driving receipts.

Trans 102.03 Note Note: Authority for this provision may be found at s. 343.14 (3), Stats. See s. 343.07, Stats., regarding instruction permits, and ss. 343.17 (5), 343.10, 343.11, 343.16 (6) (b), 343.305, Stats., and s. Trans 102.17 regarding temporary licenses or driving receipts.

Trans 102.03(5) (5) A photograph may be required for instruction permits.

Trans 102.03(6) (6) The department may issue a license to a person without requiring that person’s appearance if the department is able to produce a photograph from its records.

Trans 102.03 History History: 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.

Trans 102.04 Trans 102.04 Design of operator’s license and identification card.

Trans 102.04(1) (1) Operator’s licenses and identification cards:

Trans 102.04(1)(a) (a) Shall consist of one part with 2 sides, except as otherwise prescribed is ss. 343.10 (7) (d) and 343.17 (4m), Stats.

Trans 102.04(1)(b) (b) Shall include the following descriptive legends:

Trans 102.04(1)(b)1. 1. Duplicate licenses and identification cards 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) Shall contain such further information as the department considers appropriate for security or identification purposes.

Trans 102.04(2) (2) Any identification card issued based upon extraordinary proof of name, date of birth or U.S. citizenship under s. Trans 102.15 (5m) 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 identification card is issued in accordance with P.L. 109-13, section 202 (d) (11), and is not intended to be accepted by any federal agency for federal identification or any other official purpose.

Trans 102.04 History History: 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.

Trans 102.07 Trans 102.07 National driver registry and commercial driver license registration system. Information system record inquiries for issuance of commercial driver licenses required by s. 343.03 (5), Stats., shall be made as follows:

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) When the information systems described in sub. (1) are inoperative, the person’s class D or M license may be processed based on the information certified by the person on the license application and any Wisconsin driver record available except that licenses may not be issued prior to a record check for the following persons:

Trans 102.07(2)(a) (a) A person who is obtaining his or her first regular driver license.

Trans 102.07(2)(b) (b) A person who is licensed in another state and is seeking to obtain a regular Wisconsin license.

Trans 102.07 Note Note: The department’s intent was to substitute jurisdiction for state in par. (b).

Trans 102.07(3) (3) Subsequent to the issuance of a license under sub. (2), when the information system is again operative, the driver record inquiry will be made. If the inquiry shows that the person’s record is unacceptable, the department may cancel, revoke or suspend the license issued under sub. (2).

Trans 102.07 History History: 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.

Trans 102.09 Trans 102.09 Photograph specifications.

Trans 102.09(1) (1) As determined by the department, a license or identification card photograph shall be retaken if the photograph of the person is indistinguishable, unclear, incomplete, or becomes lost or damaged.

Trans 102.09(2) (2) Persons who fall into the retake specifications described under sub. (1) shall be required to have the license photograph retaken by the department before an operator’s license or identification card will be issued.

Trans 102.09(3) (3) Any person not satisfied with the photograph after receipt of a license or identification card 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 sub. (1), the person shall apply for a duplicate license or identification card, surrender the existing license or identification card and pay the fee required in s. 343.21 (1) (L), Stats.

Trans 102.09(4) (4) When an application for an operator’s license or an identification card is made, the date the photograph is taken shall be at the discretion of the department.

Trans 102.09(5) (5) Persons shall be notified by the department when a photograph needs to be retaken or when a subsequent change of license restrictions or endorsements requires license reissuance or a duplicate license. Failure to comply within 30 days of notification shall result in the cancellation of the operator’s license.

Trans 102.09(6) (6) Persons requiring a duplicate operator’s license or identification card shall return to the department for duplicate application and new photograph, unless the person’s appearance at the department is not required under s. Trans 102.03 (2) (a) or (6).

Trans 102.09 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; (4) to (6) renum. from Trans 102.13 (1) to (3) and am., am. (1) to (3), Register, December, 1990, No. 420, eff. 1-1-91; correction made in (3) under s. 13.93 (2m) (b) 7., Stats., Register, December, 1990, No. 420; am. (1) and (3), Register, December, 1999, No. 528, eff. 1-1-00.

Trans 102.10 Trans 102.10 Special photo requirements. To provide for a full facial image, the following shall be required:

Trans 102.10(1) (1) Except as provided in sub. (2), hats, caps, or other head coverings may not be worn by the applicant when the photograph is taken.

Trans 102.10(2) (2) If a turban or similar head covering is worn by the applicant due to religious belief, the covering shall be pushed from the forehead until a full facial image is shown.

Trans 102.10(3) (3) A photograph shall be taken with or without glasses, at the applicant’s preference. Sunglasses shall be removed. Light sensitive glasses that do not adjust sufficiently to clearly show the eyes shall also be removed.

Trans 102.10(4) (4) Hair shall be brushed away from the eye area for the photograph.

Trans 102.10(5) (5) Any clothing or device obscuring all or part of a person’s face shall be removed when being photographed to show a full facial image, except that any appliances or prosthesis normally used by a person with a permanent facial or dental disfigurement need not be removed.

Trans 102.10 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; cr. (5), Register, December, 1990, No. 420, eff. 1-1-91.

Trans 102.11 Trans 102.11 Prorated fees. 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 license. 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) Manual calculation. Notwithstanding sub. (1) (a), if the automated processing system is not available, the prorated fee shall be determined by the department by multiplying the number of months remaining on the existing license from the date of application by the statutory fee and dividing by 96. The number of months include the month of expiration, but not the month of application. The resulting quotient is rounded to the nearest whole dollar amount.

Trans 102.11 Note Note: See s. 343.20 (1) (a), Stats., regarding the department’s authority to prorate fees.

Trans 102.11 History History: 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.

Trans 102.14 Trans 102.14 Issuance.

Trans 102.14(1) (1) The department shall issue operator’s licenses and identification cards to eligible Wisconsin residents upon completion of application processing and payment of required fees, unless:

Trans 102.14(1)(b) (b) The computer system is down and a backup system must be used to produce the photo operator’s license or photo identification card.