Chapter Trans 102
OPERATOR’S LICENSES AND IDENTIFICATION CARDS
Trans 102.01 Purpose and scope. Trans 102.02 Definitions. Trans 102.025 Document condition and authenticity. Trans 102.03 Photograph exemptions. Trans 102.04 Design of operator’s license and identification card. Trans 102.07 National driver registry and commercial driver license registration system. Trans 102.09 Photograph specifications. Trans 102.10 Special photo requirements. Trans 102.11 Prorated fees. Trans 102.15 Proof of identification. Trans 102.16 Operator’s license and license endorsement issuance periods. Trans 102.17 Temporary operator’s license or driver receipt. Trans 102.18 Identification card and issuance period. Trans 102.19 Instruction permits. Trans 102.20 Farm service CDLs. Trans 102.205 Copying of driver licenses. Trans 102.21 Sponsorship of persons under 18 years of age. Trans 102.23 Military, firefighting, farmer and emergency government CDL exemptions. Trans 102.01(1)(1) As authorized by ss. 85.16 (1), 110.06, 227.11, 343.05, 343.06, 343.14, 343.15, 343.17 and 343.20, Stats., the purpose of this chapter is to administratively interpret ss. 341.08 (2) (a) and (am), 342.06 (1) (a), 343.02, 343.03, 343.05, 343.06, 343.07, 343.08, 343.10, 343.11, 343.12, 343.135, 343.14, 343.16, 343.17, 343.18, 343.19, 343.20, 343.21, 343.22, 343.25, 343.265 and 343.50, Stats., relating to issuance of operator’s licenses, identification cards, and vehicle title and registration. Trans 102.01(2)(2) This chapter pertains to any person applying for a Wisconsin original, reissue, reinstatement, renewal, or duplicate operator’s license or identification card, and vehicle title or registration. Trans 102.01 NoteNote: Forms used in administering this rule are MV3004 identification card application, MV3001 license application, MV3006 renewal license notice, and MV3007 identification card renewal notice, MV3415 religious conviction exemption request, MV3002 certification of name and date of birth, MV3125 additional information for operator license application, MV3452 foreign language document translation certification, MV3432 receipt and MV3501 temporary operator’s license, MV3682 Wisconsin DMV digitized driver license and identification signature card, MV 3686 driver license extension card/sticker, MV 3685 Wisconsin driver license extension application, MV 3687 driver license extension application return envelope, and MV 3278 driver license renewal window envelope.
Trans 102.01 HistoryHistory: Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. Register, January, 1984, No. 337, eff. 2-1-84; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; am. Register, December, 1990, No. 420, eff. 1-1-91; am. (1), Register, November, 1994, No. 467, eff. 12-1-94; CR 02-131: am. Register April 2003 No. 568, eff. 5-1-03. Trans 102.02Trans 102.02 Definitions. The words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter: Trans 102.02(1)(1) “Administrator” means the administrator of the division of motor vehicles of the department. Trans 102.02(2)(2) “AKA record” means an entry on a driver file which shows that the person currently uses or previously used an alias or a fictitious name. A person with a former name entry, resulting from a lawful change of name, does not have an AKA record. Trans 102.02(3)(3) “Backup system” is the system used by the department to produce an acceptable operator’s license or identification card when the computerized processing system is inoperative. Trans 102.02(4)(4) “Centrally issued,” when used with a reference to an operator’s license or identification card, means those finished licenses or identification cards that are mailed from the central office in Madison. Trans 102.02(4g)(4g) “Driver file” means a person’s driving record as kept by the department containing the driver record and maintained in accordance with s. 343.23, Stats., or the substantially identical record maintained for each person holding an identification card. An “existing driver file” is a driver file that has not been purged. Trans 102.02(4p)(4p) “Duplicate” means a license or identification card issued for a fee to replace one which has been lost, damaged or destroyed, or to replace one which is no longer accurate because of a change of the licensed person’s operating authority, name or address, or at the person’s request to have a photograph retaken. Trans 102.02(5)(5) “Issuance period” means the period of time for which an operator’s license or identification card is issued. Trans 102.02(6)(6) “License examiner” or “examiner” means an employee or agent of the department duly authorized by the administrator to process operator’s license applications and other duties, regardless of the agent or employee’s job title. Trans 102.02(6n)(6n) “Motor vehicle services center” means those locations within the state authorized by the department to provide driver licensing services, vehicle registration services, or both. Trans 102.02(6r)(a)(a) In the case of an individual, the entire first and last name and middle initial, if any. Trans 102.02(6r)(b)(b) In the case of any entity other than an individual, the entire name of the entity. Trans 102.02(7)(7) “Original” when used to describe a license or identification card means the first Wisconsin license or identification card of that type issued to a person. The term also includes: 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)(b)(b) Department errors or defects in the license such as an unrecognizable photograph. Trans 102.02 NoteNote: 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 HistoryHistory: 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(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 NoteNote: 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)(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)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)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 NoteNote: 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 HistoryHistory: CR 04-100: cr., renum. (1) from Trans 102.15 (7) and am. Register June 2005 No. 594, eff. 7-1-05.
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