Trans 104.02(1)(1) The words and phrases defined in ss. 340.01 and 343.01, Stats., and s. Trans 112.02, have the same meaning in this chapter unless a different definition is specifically provided. Trans 104.02(2)(b)(b) “Examiner” means a person authorized by the department to test driver license applicants for the purpose of determining license eligibility. Trans 104.02(2)(c)(c) “Exercising ordinary and reasonable control” means operating a motor vehicle in a well controlled manner that demonstrates ordinary abilities in those skills normally graded in a skills test or special examination. Trans 104.02(2)(e)(e) “Pre-trip inspection test” means a demonstration of a person’s ability to conduct the inspection that commercial drivers are expected to perform before driving a commercial motor vehicle on a highway. Trans 104.02(2)(f)(f) “Safety inspection” means a cursory inspection by the department or a third party examiner to determine whether vehicle equipment appears to conform to the requirements of law and is in safe operating condition for the purpose of conducting a driving or special examination. Trans 104.02(2)(g)(g) “Skills test” means an examination of a person’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle. Trans 104.02(2)(h)(h) “Special examination” means a limited skills test that is administered for the purpose of determining eligibility for licensing or determining whether and how a person’s license should be restricted. Trans 104.02(2)(i)(i) “Third party examiner” means a person who is employed by a third party tester and who holds a valid examiner identification certificate issued by the department to conduct skills tests and pre-trip inspection tests required for commercial driver licenses. Trans 104.02(2)(j)(j) “Third party tester” means a person who is authorized by the department to administer an approved testing program for commercial driver license applicants under s. 343.16 (1) (b), Stats., and ch. Trans 115. Trans 104.02(2)(k)(k) “Vehicle classification” or “vehicle class” means the classification assigned to a vehicle under s. 343.04 (1), Stats. Trans 104.02 HistoryHistory: Cr. Register, July, 1996, No. 487, eff. 8-1-96. Trans 104.03Trans 104.03 Knowledge and pre-trip inspection tests. Trans 104.03(1)(a)(a) Except as provided in pars. (b) and (c), all persons applying for a license, endorsement, or the removal of a license restriction shall take and pass all knowledge tests required under this section for the class of vehicle the person seeks authority to operate, for each endorsement sought, and for each restriction the person seeks to remove. A person whose operator’s license has expired by more than 4 years and who has no proof of valid, licensed operation within the 4-year period preceding application shall take all required knowledge tests as if the person had never been licensed. Trans 104.03(1)(b)(b) A person moving to Wisconsin from another jurisdiction whose operating privilege in the other jurisdiction is not suspended or revoked and who holds a license that is valid or that is not expired by more than 4 years, may not be required to submit to knowledge tests for the classes of vehicles and endorsements held under the other jurisdiction’s license, except that knowledge examinations shall be required if the person is seeking a school bus or hazardous materials endorsement. If the person holds a CDL from the other jurisdiction that is not restricted to prohibit the operation of air-brake equipped vehicles, the person may not be required to take air-brake examinations to avoid imposition of an air-brake restriction. Trans 104.03(1)(c)(c) A person who provides proof of passing a “Class D” knowledge test as part of a driver education program authorized to administer “Class D” knowledge examinations under s. 343.16 (1) (c), Stats., shall not be required to take a “Class D” knowledge examination administered by the department. Trans 104.03 NoteNote: Persons who do not speak English are encouraged to advise the Department of the languages they can read and speak when scheduling their examinations. The Department will attempt to accommodate special language needs of applicants.
Trans 104.03(2)(a)(a) “Class D” license. A person applying for a “Class D” license shall take and pass the basic driver knowledge test. Trans 104.03 NoteNote: “Class D” vehicles generally are cars and light trucks. Vehicles which are not commercial motor vehicles or motorcycles are “Class D” vehicles.
Trans 104.03(2)(b)(b) “Class M” license. A person applying for “Class M” operating privileges shall take and pass a motorcycle operation knowledge test. Trans 104.03 NoteNote: “Class M” vehicles are motorcycles.
Trans 104.03(2)(c)(c) Commercial driver license. A person applying for a commercial driver license shall take and pass a CDL knowledge test. All CDL knowledge tests administered by the department shall meet the requirements of 49 CFR 383.110 to 383.135. The knowledge test for a “Class A” license shall include a combination vehicle test. Trans 104.03(2)(d)(d) CDL and school bus endorsements. A person seeking a CDL or school bus endorsement shall take and pass a knowledge test related to the endorsement sought. Trans 104.03(2)(e)(e) CDL pre-trip inspection. A person applying for a commercial driver license shall take and pass a general pre-trip inspection test. Trans 104.03(2)(f)(f) CDL air brake restriction. A person applying for a commercial driver license that is not restricted to prohibit operation of air-brake equipped vehicles shall take and pass an air-brake knowledge test and an air-brake pre-trip inspection test. Trans 104.03(3)(3) Passing score. Knowledge tests, except for air-brake pre-trip inspection tests, shall be scored on the basis of percent of correct responses. A score of 80% or more correct is a passing grade. Trans 104.03 NoteNote: Air brake pre-trip inspection tests are scored under s. Trans 104.03(8)(b). Trans 104.03(4)(4) Failed tests. A person who fails a knowledge or pre-trip inspection test may not retake the test sooner than the next day following the failed test. A person who fails a knowledge or pre-trip inspection test 5 or more times within one year may be authorized another attempt only after requesting and receiving permission from the department to do so. Permission to take more than 5 tests in a one year period may be granted if the person demonstrates that he or she has received additional instruction, or some other significant circumstance has changed since the last failed exam, which makes successful completion of the exam more likely. Trans 104.03(5)(5) Knowledge test requirements. A knowledge test may include a highway sign test and shall determine the applicant’s knowledge of traffic laws and related matters, including knowledge of the following: Trans 104.03(5)(f)(f) The effects of alcohol or controlled substance use in connection with the operation of motor vehicles. Trans 104.03(5)(h)(h) The need for vehicle control in the proximity of pedestrians with vision impairments. Trans 104.03(6)(6) Highway sign tests. A highway sign test shall be administered to a person: Trans 104.03(6)(b)(b) Being re-examined to determine the person’s ability to understand the meaning of common highway signs. Trans 104.03(7)(a)(a) A pre-trip inspection test shall be conducted prior to any commercial motor vehicle skills test on the vehicle in which the license applicant is to be tested. Trans 104.03(7)(b)(b) The pre-trip inspection shall test the person’s ability to inspect vehicle components for road worthiness and shall include identification and inspection of: Trans 104.03 NoteNote: Forms MV3542, CDL Pre-trip Inspection Combination Vehicle and MV3560, CDL Pre-trip Inspection Straight Truck/Bus are used by motor vehicle examiners to conduct these tests. Copies of the forms may be obtained from an examiner and are provided to each driver as a report of the applicant’s test result.
Trans 104.03(8)(a)(a) An air-brake pre-trip inspection test shall be conducted prior to any commercial motor vehicle skills test on the vehicle in which the license applicant is to be tested if that vehicle is equipped with air brakes. Trans 104.03(8)(b)(b) To pass an air-brake pre-trip inspection a person must successfully complete all of the following air-brake system inspections: Trans 104.03(8)(b)1.1. Determine the motor vehicle’s brake system condition for proper adjustment and that air system connections between motor vehicles have been properly made and secured. Trans 104.03(8)(b)2.2. Inspect the low pressure warning devices to ensure that they will activate in emergency situations. Trans 104.03(8)(b)3.3. Ascertain, with the engine running, that the system maintains an adequate supply of compressed air. Trans 104.03(8)(b)4.4. Determine that required minimum air pressure build up time is within acceptable limits and that required alarms and emergency devices automatically deactivate at the proper pressure level. Trans 104.03(8)(b)6.6. Locate and verbally identify the air-brake operating controls and monitoring devices. Trans 104.03(8)(b)8.8. Ascertain, with a fully charged air system and the engine off, the rate at which air is lost from the system. Trans 104.03 HistoryHistory: Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. (4), cr. (8) (b) 6., 7., and 8., Register, August, 2000, No. 536, eff. 9-1-00; CR 22-048: am. (5) (h) Register July 2023 No. 811, eff. 8-1-23. Trans 104.04Trans 104.04 Unauthorized assistance. An applicant who cheats or uses unauthorized assistance during any part of a knowledge test shall fail the test and may not be allowed to retake the knowledge test for 7 days. Unauthorized assistance includes assistance from another person, notes, or the use of any materials during an examination, without the prior approval of the examiner. If the infraction is observed during the course of a test, the test shall be immediately ended. Trans 104.04 HistoryHistory: Cr. Register, July, 1996, No. 487, eff. 8-1-96. Trans 104.05(1)(1) Inspection required. Prior to conducting any driving skills test or special examination, the examiner shall conduct a safety inspection of the vehicle furnished by the applicant for the test. The examiner may refuse to conduct the skills test or special examination if the test vehicle does not pass a safety inspection or the vehicle is unregistered. Trans 104.05(2)(2) Applicant conduct. The examiner may not conduct a skills test or special examination when: Trans 104.05(2)(a)(a) The applicant refuses to wear a safety belt during the driving skills test, unless the vehicle was manufactured prior to January 1, 1972, and has never been equipped with seat belts. Trans 104.05(2)(c)2.2. Does not hold a valid instruction permit, temporary operator’s license or driver receipt that authorizes operation for the appropriate class and endorsement of vehicle. Trans 104.05(2)(d)(d) The vehicle is not a commercial motor vehicle, is not registered, and no person has applied to renew the vehicle’s registration. It shall be conclusively presumed that no person has applied to renew the vehicle’s registration if the applicant does not have evidence of filing an application for registration and the vehicle’s registration has expired by more than 30 days. Trans 104.05(2)(f)(f) The vehicle is a motorcycle and the applicant is not wearing a protective face shield, glasses or goggles, unless the windshield rises at least 15 inches above the handlebars. Trans 104.05(2)(g)(g) The applicant appears to be impaired by alcohol or a controlled substance, disoriented, or otherwise unfit to operate a motor vehicle. Trans 104.05(3)(3) Vehicle condition. The examiner may not conduct a skills test or special examination when the test vehicle exhibits one or more of the following conditions:
/exec_review/admin_code/trans/104
true
administrativecode
/exec_review/admin_code/trans/104/03/2/e
Department of Transportation (Trans)
administrativecode/Trans 104.03(2)(e)
administrativecode/Trans 104.03(2)(e)
section
true
