Chapter Trans 102

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.

Trans 102.14(1)(c) (c) Further verification of eligibility is necessary to comply with licensing qualifications in ch. 343, Stats., or the department determines that the person is ineligible for licensing under ch. 343, Stats.

Trans 102.14(1)(d) (d) There are administrative reasons for not issuing the operator’s license or identification card immediately, for purposes including, but not limited to, conducting a study or establishing a control group.

Trans 102.14(1)(e) (e) The person does not provide the department with the information required under sub. (2) or does not provide a sample signature for reproduction on the operator’s license in the format first name, middle initial or name, last name. A person may not include in a signature a disclaimer of any type or any information other than the person’s name.

Trans 102.14(1g) (1g) The Department may not issue an identification card without charge for voting purposes to any person who is not a U.S. citizen or is not age 17 or older. The Department may not determine whether a person is otherwise eligible to vote.

Trans 102.14(1m) (1m) The department may mail any license issued under sub. (1) to the person rather than issue it directly at a motor vehicle service center in any of the following circumstances:

Trans 102.14(1m)(a) (a) The person has not been previously licensed in Wisconsin.

Trans 102.14(1m)(b) (b) The person has not been previously licensed in another jurisdiction.

Trans 102.14(1m)(c) (c) The department has discovered a pattern of falsified license applications and the person’s application or the circumstances surrounding that application resemble that pattern.

Trans 102.14(1m)(d) (d) For the convenience of the license applicant.

Trans 102.14(1m)(e) (e) If the department produces driver license documents at a central facility rather than producing them at motor vehicle service centers.

Trans 102.14(1m)(f) (f) If the department does not issue a license to the person immediately for one of the reasons set forth in sub. (1) (b) to (d).

Trans 102.14(2) (2) A Wisconsin resident may be issued an operator’s license or an identification card if the person surrenders all operator licenses and identification cards issued to the person by other jurisdictions, and the person is otherwise eligible to be issued an operator’s license or identification card under Wisconsin law.

Trans 102.14(3) (3) 

Trans 102.14(3)(a) (a) A person may not be required to have resided in Wisconsin for any minimum amount of time in order to be eligible for a Wisconsin operator’s license.

Trans 102.14(3)(b) (b)

Trans 102.14(3)(b)1. 1. A person whose legal presence or authorized stay in this country is a period of 12 months or less and ends not more than 6 months after he or she applies for an operator’s license is not a resident of this state within the meaning of s. 343.01 (2) (g), Stats.

Trans 102.14(3)(b)2. 2. A person whose legal presence or authorized stay in this country is a period of 6 months or less and ends not more than 3 months after he or she applies for an identification card is not a resident of this state within the meaning of s. 343.01 (2) (g), Stats.

Trans 102.14(4) (4) Persons who establish Wisconsin residency and who are not exempt from Wisconsin licensing requirements under s. 343.05 (4), Stats., shall apply for a Wisconsin operator’s license as follows:

Trans 102.14(4)(a) (a) Within 30 days of establishing Wisconsin residency if the person holds a commercial driver license from another jurisdiction or Mexico and seeks a Wisconsin commercial driver license.

Trans 102.14 Note Note: Commercial drivers are required to transfer their CDL within 30 days of moving between states by federal law. 49 CFR 383.71 (b).

Trans 102.14(4)(b) (b) Within 60 days of establishing Wisconsin residency in situations not described in par. (a).

Trans 102.14 Note Note: See s. 343.01 (2) (g), Stats., regarding establishing residency for driver license purposes.

Trans 102.14(5) (5) No license will be issued to a person under the age of 18 unless the person provides satisfactory proof that the person has successfully completed a driver education or training course which meets the requirements of s. 343.06 (1) (c), Stats., an approved driver education course of another jurisdiction, or the person is exempt from those requirements under s. 343.08 or 343.135, Stats.

Trans 102.14(6) (6) A license shall be reissued without fee if it is defective or inaccurate because of a department error.

Trans 102.14 History History: Emerg. cr. eff. 3-14-83; cr. Register, January, 1984, No. 337, eff. 2-1-84; renum. (intro.) to (4) to be (1) (intro.) to (d) and am. (1) (intro.) and (a), cr. (2) to (5), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to restore dropped copy in (4), Register, September, 1991, No. 429; cr. (1) (e), Register, January, 1997, No. 493, eff. 2-1-97; r. (1) (a), am. (1) (b) and (c), cr. (6), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-099: am. (1), cr. (1m) Register March 2005 No. 591, eff. 4-1-05; CR 05-109: am. (4) Register April 2006 No. 604, eff. 5-1-06; CR 06-128: renum. (3) to be (3) (a), cr. (3) (b) Register April 2007 No. 616, eff. 5-1-07; CR 14-061: cr. (1g) Register May 2015 No. 713, eff. 6-1-15.

Trans 102.15 Trans 102.15 Proof of identification.

Trans 102.15(1) (1) “Unavailable” defined. In this section, “unavailable” does not include documents which persons have forgotten to bring with them when applying for a license or identification card, or a lost or destroyed document if a replacement original or a certified copy of the document is available to those persons upon proper request.

Trans 102.15(2) (2) Requirements.

Trans 102.15(2)(a) (a) Satisfactory proof of date of birth, as specified under sub. (3) and satisfactory proof of identity as specified under sub. (4) shall be submitted by a person applying for an original Wisconsin operator’s license or identification card.

Trans 102.15(2)(b) (b) Satisfactory proof of identity as specified under sub. (4) shall be submitted by a person applying for a renewal, reissue, reinstatement or duplicate of a Wisconsin operator’s license or identification card.

Trans 102.15(2)(bm) (bm)

Trans 102.15(2)(bm)1. 1. Any person applying for an original Wisconsin operator’s license or identification card shall submit satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States, or legal presence in the United States, as specified under sub. (3m).

Trans 102.15(2)(bm)2. 2. The department may require any person applying for a reissue, reinstatement, renewal or duplicate operator’s license or identification card to provide satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States as specified under sub. (3m) to determine the person’s eligibility for the operator’s license or identification card.

Trans 102.15(2)(c) (c) Except as provided in sub. (5m), a person shall provide proof of the person’s name and date of birth under sub. (3), of the person’s identity under sub. (4), and of the person’s residency under sub. (4m), upon the first application for an original, renewal, reinstatement or duplicate operator’s license or identification card following:

Trans 102.15(2)(c)1. 1. Any action which results in the department creating an AKA record in the person’s driver file;

Trans 102.15(2)(c)2. 2. Cancellation of the person’s license or identification card for altering a license or identification card, or cancellation for making a fraudulent or falsified application for a license or identification card, or cancellation for violation of s. 343.25 (1), (4), (5) or (6), Stats.;

Trans 102.15(2)(c)3. 3. Suspension of the person’s license under s. 343.34 (2), Stats.;

Trans 102.15(2)(c)4. 4. Revocation or suspension of the person’s operating privilege under s. 343.31 (2r), Stats.;

Trans 102.15(2)(c)5. 5. Revocation of the person’s operating privilege under s. 343.32 (1s), Stats.;

Trans 102.15(2)(c)6. 6. Revocation or suspension of an instructor’s license pursuant to s. 343.67 (4), Stats.; or

Trans 102.15 Note Note: Section 343.67 (4), Stats., was repealed by 2005 Wis. Act 397.

Trans 102.15(2)(c)7. 7. Conviction for violation of ss. 343.14 (5), 343.16 (7) (a) or (b), 343.19 (2), 343.43 (1), 343.50 (4) or (12) or 345.17, Stats.

Trans 102.15(2)(c)8. 8. The department has confiscated a document from the person for any of the reasons set forth in s. Trans 102.025.

Trans 102.15(3) (3) Proof of name and date of birth.

Trans 102.15(3)(a) (a) One of the following is satisfactory proof of a person’s name and date of birth:

Trans 102.15(3)(a)1. 1. For a person born in Wisconsin, a copy of the person’s Wisconsin birth certificate issued and certified in accordance with s. 69.21, Stats.;

Trans 102.15(3)(a)2. 2. For a person born in another jurisdiction, other than a province of the Dominion of Canada, a certified copy of the person’s birth certificate or the equivalent document from that other jurisdiction or a certificate of birth abroad issued by the U.S. department of state (federal form FS-545 or DS-1350);

Trans 102.15(3)(a)3. 3. A US passport;

Trans 102.15(3)(a)4. 4. A valid, unexpired passport issued by a foreign country with federal I-551 resident alien registration receipt card or federal I-94 arrival and departure record that bears a photograph of the person and identifies the person’s first and last names, and the person’s day, month and year of birth;

Trans 102.15(3)(a)5. 5. A Wisconsin operator’s license bearing a photograph of the person;

Trans 102.15(3)(a)6. 6. A Wisconsin identification card issued under s. 343.50, Stats., bearing a photograph of the person, other than an identification card issued under sub. (5m) (b);

Trans 102.15(3)(a)7. 7. A federal I-551 “permanent resident alien registration receipt card”;

Trans 102.15(3)(a)8. 8. A federal I-94 “parole edition” or “refugees version” arrival-departure record, together with a certification, on the department’s form, by the person, of the person’s name and date of birth, a copy of a U.S. department of state refugee data center reception and placement program assurance form and a letter from the person’s sponsoring agency on its letterhead, supporting the person’s application for a Wisconsin ID card or driver license and confirming the person’s identification.  Applicants who are unable to provide a reception and placement program assurance form may be issued a Wisconsin ID card or driver license, but only after their identification has been confirmed by the U.S. citizenship and immigration services;

Trans 102.15(3)(a)9. 9. A U.S. certificate of naturalization;

Trans 102.15(3)(a)10. 10. A certificate of U.S. citizenship;

Trans 102.15(3)(a)11. 11. A federal temporary resident card or employment authorization card, I-688, I-688A, I-688B, and I-766;

Trans 102.15(3)(a)15. 15. An American Indian identification card meeting all of the following requirements:

Trans 102.15(3)(a)15.a. a. Issued by a federally recognized tribe or a band of a federally recognized tribe.

Trans 102.15(3)(a)15.b. b. Issued in Wisconsin.

Trans 102.15(3)(a)15.c. c. Includes a photograph and signature or reproduction of a signature of the person.

Trans 102.15(3)(a)15.d. d. Has been approved by the secretary for use as identification.

Trans 102.15 Note Note: The following have been approved as of November 1, 2004: Red Cliff Band of Lake Superior Chippewas issued on or after October 1, 2003; St. Croix Band of Lake Superior Chippewa Indians; the Menominee Indian Tribe of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians; Bad River Band of Lake Superior Chippewa Indians; Ho-Chunk Nation; Forest County Potawatomi; Sokaogan Chippewa Community Mole Lake Band issued on or after October 1, 2003; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin issued on or after October 18, 2004.

Trans 102.15(3)(a)17. 17. A court order under seal related to the adoption or divorce of the individual or to a name or gender change that includes the person’s current full legal name, date of birth and in the case of a name change or divorce order, the person’s prior name;

Trans 102.15 Note Note: Examples include, but are not limited to, adoption document, name change document, or gender document. This does not include abstract of criminal or civil conviction.

Trans 102.15(3)(a)18. 18. An armed forces of the United States common access card or DD Form 2 identification card issued to military personnel;

Trans 102.15(3)(a)21. 21. Department of homeland security/transportation security administration transportation worker identification credential.

Trans 102.15(3)(am) (am) Except as provided in s. Trans 102.15 (5m) (b) 3., neither a hospital birth certificate, a notification of birth registration nor baptismal certificate is satisfactory proof of a person’s name and date of birth.

Trans 102.15(3)(c) (c) For an identification card, to establish a name other than the name that appears on a supporting document, the person may provide evidence acceptable to the administrator that the person has used the name in a manner that qualifies the name as being legally changed under the common law of Wisconsin, including evidence of the person’s prior name, changed name, the length of time the person has consistently and continuously used the changed name, an affirmation that the person no longer uses the prior name, and an affirmation that the person did not change his or her name for a dishonest or fraudulent purpose or to the injury of any other person. The department shall mark an identification card issued under this subdivision in the manner described in s. 343.03 (3r), Stats.

Trans 102.15 Note Note: See, State v. Hansford, 219 Wis. 2d 226, 580 N.W.2d 171 (1998); 35 Wis. Op. Atty. Gen. 178, 179 (1946). This process may be used to overcome an error on a supporting document, such as a spelling error or incorrect name, to enable an applicant to receive an identification card in the applicant’s legally correct name.

Trans 102.15(3)(d) (d) The administrator shall approve a name change requested by a person who cannot provide documentation under par. (a) 17. of a lawful change of name but who does one of the following:

Trans 102.15(3)(d)1. 1. Provides proof of identity specified in sub. (4) in the new name, and the administrator receives from the federal social security administration evidence or confirmation of the name change.

Trans 102.15(3)(d)2. 2. Applies for an identification card and provides an affidavit declaring all facts required under par. (c) to prove a name change under the common law of Wisconsin.

Trans 102.15(3m) (3m) Proof of citizenship, legal permanent resident status, conditional resident status or legal presence.

Trans 102.15(3m)(a) (a) One of the following is satisfactory proof of a person’s citizenship, legal permanent resident status, conditional resident status or legal presence in the United States:

Trans 102.15(3m)(a)1. 1. U.S. state or local government issued certificate of birth.

Trans 102.15(3m)(a)2. 2. Valid U.S. passport.

Trans 102.15(3m)(a)3. 3. Valid foreign passport with appropriate immigration documents, which shall include or be accompanied by federal form I-94, arrival and departure record.

Trans 102.15 Note Note: The appropriate immigration documents determine legal presence, not the passport itself.

Trans 102.15(3m)(a)4. 4. Certificate of U.S. citizenship (federal form N-560).

Trans 102.15(3m)(a)5. 5. U.S. Certificate of naturalization (federal form N-550).

Trans 102.15(3m)(a)6. 6. Valid department of homeland security/U.S. citizenship and immigration services federal form I-551, resident alien registration receipt card, issued since 1997.

Trans 102.15(3m)(a)7. 7. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688, temporary resident identification card.

Trans 102.15(3m)(a)8. 8. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688B or I-766, employment authorization document.

Trans 102.15(3m)(a)9. 9. Valid department of homeland security/U.S. citizenship and immigration services federal form I-571, refugee travel document.

Trans 102.15(3m)(a)10. 10. Department of homeland security/U.S. citizenship and immigration services federal form I-797, notice of action.