Chapter Trans 102

Trans 102.15(5m)(b)3g. 3g. If the department of health services does not verify the birth record information within 30 days, the department of transportation may issue an identification card to the person only if the department of transportation receives verification under subd. 2., if the person provides proof required under sub. (3) or (3m), or if the department of transportation receives other secondary documentation acceptable to the administrator and deemed sufficient under subd. 3., which may include the following:

Trans 102.15(5m)(b)3g.a. a. Baptismal certificate.

Trans 102.15(5m)(b)3g.b. b. Hospital birth certificate.

Trans 102.15(5m)(b)3g.c. c. Delayed birth certificate.

Trans 102.15(5m)(b)3g.d. d. Census record.

Trans 102.15(5m)(b)3g.e. e. Early school record.

Trans 102.15(5m)(b)3g.f. f. Family Bible record.

Trans 102.15(5m)(b)3g.g. g. Doctor’s record of post-natal care.

Trans 102.15(5m)(b)3g.h. h. Other documentation deemed acceptable to the administrator, within the administrator’s reasonable discretion.

Trans 102.15(5m)(b)4. 4. Notwithstanding Trans 102.15 (1), in this paragraph “unavailable” means that the applicant does not have the document and would be required to pay a government agency to obtain it.

Trans 102.15(5m)(c) (c) The administrator may delegate to the deputy administrator or to a bureau director, as described in s. 15.02 (3) (c) 2., Stats., whose regular responsibilities include driver licensing and identification card issuance, the authority to accept or reject such extraordinary proof of name, date of birth, or U.S. citizenship under this subsection.

Trans 102.15 Note Note: Form MV3002 certification of name and date of birth.

Trans 102.15(5m)(e) (e) The denial of a petition under par. (b) is subject to judicial review in the manner provided in ch. 227 for the review of administrative decisions.

Trans 102.15(5m)(f) (f) If the administrator, or delegate described in par. (c), determines that an applicant has knowingly made a false statement or knowingly concealed a material fact or otherwise committed a fraud in an application, petition or additional information, the department of transportation shall immediately suspend the investigation, shall notify the person in writing of the suspension and the reason for the suspension, and refer any suspected fraud to law enforcement.

Trans 102.15(5m)(g) (g) A person whose petition is suspended or denied due to a failure to respond timely may revive the petition at any time by contacting the department to discuss the petition application. If a person revives a petition the department shall immediately issue, and shall continue to reissue, an identification card receipt to the person as provided in sub. (6m), except that the department shall first require the person to take a photograph if required under sub. (6m).

Trans 102.15(5m)(h) (h) The administrator shall grant a petition if he or she concludes, on the basis of secondary documentation or other corroborating information, that it is more likely than not that the name, date of birth and U.S. citizenship provided in the application is correct.

Trans 102.15(6) (6) Temporary driver receipt. The Department may issue a temporary driver receipt for operation of class D or M vehicles to a person who is temporarily unable to meet the identification requirements of sub. (3). The temporary driver receipt shall state the date of issue, shall be clearly marked “NOT VALID FOR IDENTIFICATION,” and shall be validated for the operation of a vehicle for a stated period of up to 60 days from the date issued. The person may complete his or her license application within this period by presenting proof of the person’s name and date of birth in accordance with sub. (3) (a). For good cause shown, the Department may renew the driving receipt once for an additional period of no more than 60 days. This subsection does not prohibit a person from proceeding under sub. (5m) (a). This subsection applies only to persons who meet all of the following:

Trans 102.15(6)(a) (a) Were previously licensed in another jurisdiction who surrender to the department the driver’s license issued by the other jurisdiction.

Trans 102.15(6)(b) (b) Are unable to immediately provide proof of name and date of birth in accordance with sub. (3) (a), but state that they will be able to do so.

Trans 102.15(6)(c) (c) Submit an otherwise complete and acceptable application, including the proof of identity required by sub. (4) and social security number required by sub. (5).

Trans 102.15 Note Note: Form MV3432, Receipt.

Trans 102.15 Note Note: Section 343.11 (1), Stats., prohibits issuance of temporary driving receipts in situations where a CDL is required. A temporary driving receipt may be used by drivers who are exempt from CDL requirements under s. 343.055, Stats.

Trans 102.15(6m) (6m) Temporary identification card receipt.

Trans 102.15(6m)(a) (a) Issuance process. The department shall issue an identification card receipt under s. 343.50 (1) (c), Stats., to any person who has applied for an identification card without charge for the purposes of voting and who makes a written petition under s. Trans 102.15 (5m). The department shall issue the receipt not later than the sixth working day after the person made the petition and shall deliver the receipt by first-class mail, except that if a petition is filed or revived within 7 days before or 2 days after a statewide election the department shall issue a receipt not later than 24 hours after the petition is filed or revived and shall deliver the receipt by overnight or next-day mail. The department shall issue a new receipt to the person not later than 10 days before the expiration date of the prior receipt, and having a date of issuance that is the same as the expiration date of the prior receipt. The department shall issue no receipt to a person after the denial of a petition under sub. (5m) (b) 3., unless the person revives an investigation under sub. (5m) (g). The department shall continue to reissue identification card receipts to a person unless the department cancels the identification card receipt upon the circumstances specified in s. 343.50 (10), Stats., upon the issuance of an operator’s license or identification card to the person, upon the person’s request, upon the denial of the application, upon return to the department of a receipt as non-deliverable, upon the person’s failure to contact the department to discuss the petition for a period of 180 days or more, or whenever the department receives information that prohibits issuance of an identification card under s. 343.50 (1) (c), Stats. The department shall require the person to take a photograph prior to reissuing an identification card receipt if the photograph of the person on file with the department is 8 or more years old.

Trans 102.15 Note Note: Because the Department must issue an identification card receipt for voting purposes to any person who makes a qualified application under s. Trans 102.15 (5m), the Department may not deny issuance of an identification card receipt due to a name or date of birth mismatch, spelling error or other typographical error on a supporting document, nor due to the inability to confirm or correct information with another federal, state or local governmental agency.

Trans 102.15(6m)(b) (b) Contents. An identification card receipt issued under this subsection shall constitute a temporary identification card while the application is being processed under s. Trans 102.15 (5m) and shall be valid for a period not to exceed the period specified in s. 343.50 (1) (c), Stats. The department shall clearly mark the receipt “FOR VOTING PURPOSES ONLY” as validated for use for voting as provided in ss. 5.02 (6m) (d) and 6.79 (2) (a), Stats. A receipt issued under this subsection shall contain the information specified under s. 343.17 (3), Stats., including the date of issuance, the expiration date, the name and signature of the person to whom it was issued and, except as authorized in s. 343.50 (4g), Stats., a photograph of the individual to whom it was issued, and may contain such further information as the department deems necessary.

Trans 102.15(6m)(c) (c) Replacement. The department shall issue a replacement identification card receipt under par. (a) upon request of the person to whom it is issued if the receipt is lost or destroyed.

Trans 102.15(6m)(d) (d) Cancellation or refusal. Notwithstanding par. (a), the department shall cancel or refuse to issue an identification card receipt under this subsection upon the circumstances specified in s. 343.50 (10), Stats., upon the issuance of an operator’s license or identification card to the person, upon the person’s request, upon the denial of the application, upon return to the department of a receipt as non-deliverable, or whenever the department receives information that prohibits issuance of an identification card under s. 343.50 (1) (c), Stats.

Trans 102.15(6m)(e) (e) Address changes. Whenever any person, after receiving an identification card receipt under this subsection, moves from the address named in the application or in the receipt issued to the person or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall, within 30 days, notify the department of the person’s change of address. Upon receiving a notice of change of address, the department shall promptly issue a new receipt under par. (a) showing the correct address and having the expiration date of the prior receipt.

Trans 102.15(7) (7) Additional documentation. The department may require additional documentation or proof of identity beyond the minimum requirements of this section from an applicant if the department has been notified that the person is or may be a victim of identity theft.

Trans 102.15 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; emerg. am. eff. 6-24-86; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (6) (intro.), Register, January, 1993, No. 445, eff. 2-1-93; am. (3) (a) 5., 6., 11., (4) (a) (intro.), 2., 4. to 8., 13., 19., (5) (a) (intro.), cr. (3) (a) 14. to 18., (4) (intro.), (a) 20., (b), renum. (4) (b) (intro.), 1., 4., 6. and 7. to be (4) (c) (intro.), 1. to 4. and am. (4) (c) (intro.), r. (4) (b) 2., 3., 5., Register, January, 1997, No. 493, eff. 2-1-97; am. (2) (a), (c) (intro.), 7., (3) (a) (intro.), 8., 16., (3) (b) 1., 3., (c) and (4) (a) 1., (4) (b) 2., (6) (intro.) and (b), cr. (3) (a) 19., (4) (a) 21, Register, December, 1999, No. 528, eff. 1-1-00; emerg. am. (3) (a) 8., eff. 12-21-01; CR 02-005: am. (3) (a) 8. Register May 2002 No. 557, eff. 6-1-02; corrections in (2) (c) 4. and 5. made under s. 13.93 (2m) (b) 7., Stats., Register May 2002 No. 557; CR 04-100: am. (2) (c) (intro.), (3) (a) 2., 4. to 8., 11. and 15. to 19., (3) (b) 1., (4) (a) (intro.) 2., 5. to 7., 12., 18., 19 and 21, (5) (a) to (c), cr. (2) (c) 8., (3) (a) 20., (4) (a) 22. and 23., (c) 5. and (4m), (5) (a) 4. and (bm), r. (3) (a) 12. to 14. and (4) (a) 8. to 10., 15., 17. and 20., r. and recr. (4) (b) and (c) 2., renum. (7) to be s. Trans 102.025 (1), Register June 2005 No. 594, eff. 7-1-05; CR 05-109: am. (6) (intro.) Register April 2006 No. 604, eff. 5-1-06; CR 06-082: cr. (2) (bm) and(3m) Register December 2006 No. 612, eff. 4-1-07; CR 06-128: am. (3) (a) 2., 4., (4) (a) 2. and 5., r. (3) (a) 16., 19., 20., (4) (a) 1., 6., 7., 12., 14., 18., 19., 21. and 22., (b), (c) (intro.), 1., 3. to 5., (4m) (a), (e) and (8), cr. (3) (a) 21., (4) (a) 24. and (4m) (f), renum. (4) (c) 2. to be (4) (c) and am. (4) (c) (intro.) Register April 2007 No. 616, eff. 5-1-07; correction in (3m) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 14-061: am. (2) (c), renum. (3) (a) 2. (Note) to (3) (am) and am., am. (3) (a) 6., renum. (3) (b) to (5m) (a) and am. (5m) (a) (intro.) and 2., renum. (3) (c) to (5m) (c) and am., cr. (3) (d), (5m) (title), (b), (e), am. (6) (intro.) Register May 2015 No. 713, eff. 6-1-15; EmR1636: emerg. cr. (3) (c), renum. (3) (d) to (3) (d) (intro.) and 1. and am., cr. (3) (d) 2., am. (5) (a), cr. (5) (d), am. (5m) (b) 1., 2., renum. (5m) (b) 3. to (5m) (b) 3. and 3g. (intro.) and am., am. (5m) (c), cr. (6m), eff. 12-7-16; CR 16-040: cr. (3) (c), renum. from (3) (d) to (3) (d) (intro.) and 1. and am., cr. (3) (d) 2., am. (5) (a), cr. (5) (d), am. (5m) (b) 1., 2., renum. from (5m) (b) 3. to (5m) (b) 3. and 3g. (intro.) and am., am. (5m) (c), cr. (5m) (f), (g), (h), cr. (6m) Register April 2017 No. 736, eff. 5-1-17; correction in (3) (am), (6m) (a), (b) made under s. 35.17, Stats., Register April 2017 No. 736; CR 22-048: am. (3) (a) 2., 15. (intro.), (5) (d), (5m) (b) 1., 3g. h., (6m) (e) Register July 2023 No. 811, eff. 8-1-23.

Trans 102.16 Trans 102.16 Operator’s license and license endorsement issuance periods.

Trans 102.16(1) (1) Original, reinstated and probationary licenses. Reinstated licenses, probationary licenses, and original licenses other than instruction permits and license endorsements shall expire 2 years from the licensed person’s next birthday, or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner. If the expiration date of a person’s probationary license is the date the person’s legal presence in the United States is no longer authorized, and the person’s legal presence is extended, the department may reissue the probationary license with an expiration date of the latest date determined under this section at the time of initial issuance or the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner. The department may not, as a consequence of expiration dates based on the person’s legal presence in the United States, require any person to possess a probationary license beyond the latest date determined under this section at the time of initial issuance.

Trans 102.16 Note Note: See s. 343.20 (1) (a), Stats.

Trans 102.16(2) (2) Eyesight tests. The eyesight test shall be given to each person who applies for renewal of a 2, 4 or 8 year license at the time application is made.

Trans 102.16 Note Note: See s. 343.16 (3) (a), Stats.

Trans 102.16(3) (3) Renewed regular, commercial driver and motor-cycle only licenses. Regular, commercial and motorcycle only licenses shall expire 8 years from the expiration date of the license being renewed if the license is renewed prior to its expiration, or 7 years from the person’s next birthday in all other circumstances, except as otherwise provided in this section.

Trans 102.16(3m) (3m) License extensions. A regular license issued by the department may be extended by the department for 4 years from the expiration date of the license if the department has selected the license for 4 year extension rather than renewal in order to balance the number of licenses that will expire in future years. The department may not extend an expiration date under this subsection beyond the date that the person’s presence in the United States is legally authorized. The department may consider a person’s driving history in deciding whether to extend the person’s license. Vision examinations may not be required for extensions.

Trans 102.16 Note Note: Section 343.20 (1) (f), Stats., provides that this extension program sunsets on December 31, 2001.

Trans 102.16(4) (4) License renewal. No person may renew:

Trans 102.16(4)(a) (a) An operator’s license more than one year prior to the expiration date of the license.

Trans 102.16(4)(b) (b) A probationary license or special restricted license more than 90 days prior to the expiration date of the license.

Trans 102.16(5) (5) New state residents. Original operator’s licenses issued under s. 343.20 (1) (e), Stats., shall expire 3 years after the licensed person’s next birthday or on the date that the person’s legal presence in the United States is no longer authorized or on the following date, whichever occurs sooner.

Trans 102.16 Note Note: Section 343.20 (1) (e), Stats., was repealed, and s. Trans 102.16 (5) has no effect.

Trans 102.16(6) (6) Special restricted licenses. Special restricted license renewals expire on the date that the person’s legal presence in the United States is no longer authorized or on the following date, whichever occurs sooner:

Trans 102.16(7) (7) Endorsements expire with licenses. All endorsements on an operator’s license shall expire on the same date the operator’s license expires or is withdrawn.

Trans 102.16(8) (8) Expiration date does not change with changes in authority. The expiration date of a valid license document shall remain the same when subsequent upgrades to classifications or endorsements are applied to the license, except that if the date that the person’s legal presence in the United States is no longer authorized occurs sooner, the expiration date shall become the date that the person’s legal presence in the United States is no longer authorized.

Trans 102.16 Note Note: Expiration of restricted licenses is provided for in s. 343.08 (2) (a), Stats.

Trans 102.16 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (3) (b), Register, September, 1992, No. 441, eff. 10-1-92; am. (2), (5), r. and recr. (3), cr. (3m), Register, December, 1999, No. 528, eff. 1-1-00; CR 06-082: am. (1) (3m), (5), (6) and (8) Register December 2006 No. 612, eff. 4-1-07.

Trans 102.17 Trans 102.17 Temporary operator’s license or driver receipt.

Trans 102.17(1) (1) Temporary operator’s license. The department may issue a class D or M temporary operator’s license and attach it to a person’s previous Wisconsin license when the person presents the previous license and the department is unable to immediately issue a renewal operator’s license to the person for one of the following reasons:

Trans 102.17(1)(a) (a) The department, pursuant to s. 343.16 (6), Stats., requires testing or an examination prior to renewal including, but not limited to, medical, eye, or mental examinations or evaluations of drug or alcohol dependency and the testing cannot be completed prior to the expiration of the existing license; or

Trans 102.17(1)(b) (b) The department’s license production system temporarily prevents production of an operator’s license.

Trans 102.17(2) (2) Temporary driver receipt. The department may issue a class D or M temporary driver receipt and validate it for driving:

Trans 102.17(2)(a) (a) When a person is eligible for a temporary driver receipt under s. Trans 102.15 (6); or

Trans 102.17(2)(b) (b) When a person applying for renewal of a license is unable to present the person’s previous Wisconsin license and the department is not able to immediately issue an operator’s license for any of the reasons stated in sub. (2) (a) or (b).

Trans 102.17(2)(c) (c) If the person has previously held a motorcycle instruction permit, that instruction permit is expired, and the person seeks authorization to operate a motorcycle solely for the purpose of completing a motorcycle driver exam.

Trans 102.17(3) (3) Duration. A temporary operator’s license or driver receipt may be valid for not longer than 60 days from the date issued, unless otherwise canceled, revoked or suspended. The date issued shall be shown on the face of a temporary license or driver receipt.

Trans 102.17 Note Note: Form MV3501, temporary operator’s license, form MV3432, receipt, form MV3392 data card instruction permit/receipt.

Trans 102.17 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1) (intro.) and (2) (intro.), Register, November, 1994, No. 467, eff. 12-1-94; cr. (2) (c), Register, January, 1997, No. 493, eff. 2-1-97.

Trans 102.18 Trans 102.18 Identification card and issuance period.

Trans 102.18(1) (1) Original and reinstatement identification cards expire 4 years from the identified person’s next birthday, or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.

Trans 102.18(2) (2) Renewal identification cards expire on the date that the person’s legal presence in the United States is no longer authorized or on the following date, whichever occurs sooner:

Trans 102.18(2)(a) (a) Four years from the identified person’s next birthday when the renewal application is made prior to the expiration date of the latest identification card on file for that person;

Trans 102.18(2)(b) (b) Three years from the identified person’s next birthday when the renewal application is made after the expiration date of the latest identification card on file for that person.

Trans 102.18(3) (3) No person may renew an identification card more than one year prior to the expiration date of the identification card.

Trans 102.18 Note Note: See s. 343.50 (5) and (6), Stats.

Trans 102.18 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 06-082: am. (1) and (2) Register December 2006 No. 612, eff. 4-1-07.

Trans 102.19 Trans 102.19 Instruction permits.

Trans 102.19(1) (1) Class d instruction permits. An instruction permit for class D privileges may not be issued to a person less than 18 years of age who is enrolled in a behind the wheel driver education course more than 60 days prior to the beginning of the practice driving phase of that driver education course.

Trans 102.19(2) (2) Moped and motor bicycle instruction permits.

Trans 102.19(2)(a) (a) In order to be issued a moped and motor bicycle instruction permit, a person must pass a knowledge test established by the department.

Trans 102.19(2)(b) (b) A person holding a moped or motor bicycle instruction permit, or regular instruction permit endorsed for moped and motor bicycle operation may operate a moped or motor bicycle only during daylight hours and may not carry passengers.

Trans 102.19 Note Note: See s. 343.07, Stats.

Trans 102.19 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; renum. (1) and (2) to be (2) (a) and (b), cr. (1), Register, January, 1997, No. 493, eff. 2-1-97.

Trans 102.20 Trans 102.20 Farm service CDLs.

Trans 102.20(1) (1) Purpose. The purpose of this section is to adopt a seasonal farm service waiver for CMV drivers consistent with those federal department of transportation regulations at 49 CFR 383.3(f).

Trans 102.20(2) (2) Definitions. In this section:

Trans 102.20(2)(a) (a) “Agri-chemical business” means a business that sells and delivers fertilizer, pesticides or other chemical compounds to farmers.

Trans 102.20(2)(b) (b) “CDL” means a commercial driver license.

Trans 102.20(2)(c) (c) “Convicted” or “conviction” has the meaning set forth in s. 340.01 (9r), Stats., and includes convictions under state law, convictions under local ordinances in conformity with state law, convictions under a law of federally recognized American Indian tribe or band in this state in conformity with state law, or convictions under the law of another jurisdiction which prohibits conduct similar to that prohibited under state law even if that jurisdiction’s law is not in conformity with state law.

Trans 102.20(2)(d) (d) “Custom harvester” means a business which is engaged solely in the provision of for hire harvesting services to farmers or engaged in canning, freezing or processing the crops being harvested.

Trans 102.20 Note Note: The licenses of temporary seasonal employees of custom harvester employers are limited to permit only transportation related to the harvesting of crops. See s. Trans 102.20 (8) (fm). A driver in this category may, for example, haul harvesting equipment to and from the fields where the harvest is conducted, and may haul harvested crops from the fields where harvested to a storage facility or food processing plant. Subsequent transportation of the harvested crops, however, such as to haul harvested crops from storage facilities to processing plants or to haul processed crops to market, are not permitted under a Farm Service CDL.

Trans 102.20(2)(e) (e) “Farm retail outlet” means a business engaged in the retail sale and delivery of farm supplies to farmers.

Trans 102.20(2)(f) (f) “Farm service CDL” means a restricted commercial driver license issued pursuant to this section.

Trans 102.20(2)(g) (g) “Farm service industry” means a farm retail outlet, a custom harvester, a livestock feeder or an agri-chemical business.

Trans 102.20(2)(h) (h) “Farmer” has the meaning set forth in s. 340.01 (18) (b), Stats.

Trans 102.20(2)(i) (i) “Livestock feeder” means a business that is licensed as an approved feed lot under s. ATCP 11.14.

Trans 102.20 Note Note: Section ATCP 11.14 was repealed eff. 10-1-06.