Chapter Trans 104

Trans 104.03 Note Note: 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) (8) Air-brake pre-trip inspection.

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)5. 5. Operationally test the brake system for performance.

Trans 104.03(8)(b)6. 6. Locate and verbally identify the air-brake operating controls and monitoring devices.

Trans 104.03(8)(b)7. 7. Ascertain whether the emergency braking system will activate properly.

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 Note Note: These tests are required under 49 CFR 383.135 and 383.113(c)(1).

Trans 104.03 History History: 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 104.04 Trans 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 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Trans 104.05 Trans 104.05 Vehicle safety inspection.

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)(b) (b) The applicant refuses to follow required safe driving practices.

Trans 104.05(2)(c) (c) The vehicle is a commercial motor vehicle and the applicant:

Trans 104.05(2)(c)1. 1. Cannot produce evidence of vehicle registration; or

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)(e) (e) The vehicle is a motorcycle and the applicant does not wear an approved protective helmet when required under s. 347.485 (1) (a), Stats.

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:

Trans 104.05(3)(a) (a) A brake light on either side of the vehicle is not functioning.

Trans 104.05(3)(b) (b) A directional signal is missing or inoperable. This does not prohibit testing in a motorcycle that was manufactured without directional signals and on which directional signals have not been installed.

Trans 104.05(3)(c) (c) The exhaust system is defective or missing.

Trans 104.05(3)(d) (d) The windshield, a front side window or the back window is defective or missing.

Trans 104.05(3)(e) (e) The driver or passenger door is inoperable.

Trans 104.05(3)(f) (f) A required inside or outside mirror is defective or missing.

Trans 104.05(3)(g) (g) The speedometer is defective, inoperable or missing. This does not prohibit testing in a specially designed vehicle that was not manufactured with a speedometer and on which a speedometer has not been installed.

Trans 104.05(3)(h) (h) The horn is defective, inoperable or missing.

Trans 104.05(3)(i) (i) The brakes, except the parking brake, are defective, inoperable or missing.

Trans 104.05(3)(j) (j) The headlamps or tail lamps are defective, inoperable or missing and are required for visibility or driving conditions during the test.

Trans 104.05(3)(k) (k) The tires are defective or excessively worn.

Trans 104.05(3)(L) (L) The windshield wipers or defroster are defective, inoperable or missing and are necessary due to weather conditions during the test.

Trans 104.05(3)(m) (m) The vehicle lacks a permanently attached front seat for the examiner.

Trans 104.05(3)(n) (n) The safety belts in a motor vehicle manufactured on or after January 1, 1972, are missing, inoperable, defective or extremely dirty.

Trans 104.05(3)(o) (o) The vehicle is a moped or motor bicycle that does not meet the requirements specified in ss. 347.488 and 347.489, Stats.  

Trans 104.05(4) (4) In addition to the conditions specified in subs. (2) and (3), an examiner may not conduct a commercial driver license skills test or special examination when the test vehicle exhibits one or more of the following conditions:

Trans 104.05(4)(a) (a) Four-way hazard warning lamps are defective, inoperable or missing.

Trans 104.05(4)(b) (b) Passenger side access pegs or ladder are defective, inoperable or missing.

Trans 104.05(4)(c) (c) A right or left outside mirror is missing, obstructed, inoperable or defective.

Trans 104.05(4)(d) (d) The parking brake is defective, inoperable or missing.

Trans 104.05(5) (5) In addition to the conditions under subs. (2) and (3), the examiner may not conduct a skills test or special examination for a Type 1 motorcycle when the motorcycle exhibits one or more of the following conditions:

Trans 104.05(5)(a) (a) The handlebars are defective, repaired or improvised, or rise more than 30 inches above the lowest part of the top of the seat when occupied.

Trans 104.05(5)(b) (b) The motorcycle has a missing or inoperable headlamp.

Trans 104.05(5)(c) (c) There is no adequate seat for the operator.

Trans 104.05(5)(d) (d) The footpegs or footrest for the operator are missing.

Trans 104.05 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Trans 104.055 Trans 104.055 Graduated driver license requirements and waivers.

Trans 104.055(1) (1) Graduated driver license requirements. Except as provided in sub. (2), the department may not issue a probationary driver license to any person less than 18 years of age unless the person has met all of the following requirements:

Trans 104.055(1)(a) (a) The person has accumulated at least 30 hours of behind-the-wheel driving experience, at least 10 of which were during hours of darkness. Up to 5 hours of behind-the-wheel driving experience performed with a qualified instructor may be counted at the rate of 2 hours for each hour of actual driving. The department shall require an applicant’s adult sponsor under s. Trans 102.21 to certify that the applicant has met this requirement as a condition of issuing a probationary driver license, except that persons who are permitted to file proof of financial responsibility in lieu of sponsorship under s. 343.15 (4), Stats., may provide that certification.

Trans 104.055(1)(b) (b) The person has not received a citation for an offense described in s. Trans 101.10 (1).

Trans 104.055(2) (2) Waivers for drivers previously licensed in other jurisdictions.

Trans 104.055(2)(a) (a) License holders from other jurisdictions. The department may issue a probationary driver license to a person less than 18 years of age without regard to the length of time the person held any instruction permit and without requiring the certification described in sub. (1) if the person meets all of the following:

Trans 104.055(2)(a)1. 1. The person has been issued a driver license, other than an instruction permit, by another jurisdiction prior to the person establishing Wisconsin residency.

Trans 104.055(2)(a)2. 2. The person certifies that he or she has not been convicted of a violation of law which prohibits issuance of a probationary driver license to a person under 18 years of age within the preceding 6 months, as provided for in s. Trans 101.10 (1).

Trans 104.055(2)(b) (b) Instruction permit holders from other jurisdictions. The 6 month period during which a driver less than 18 years of age must hold a Wisconsin instruction permit prior to receiving a driver license in Wisconsin under s. 343.085 (1) (b), Stats., shall be reduced by any amount of time a driver can show he or she was a resident of another jurisdiction and held an instruction permit issued by that jurisdiction.

Trans 104.055(2)(c) (c) The department shall cancel the license of any person who provides a false certification under this subsection.

Trans 104.055 History History: Cr. Register, August, 2000, No. 536, eff. 9-1-00.

Trans 104.06 Trans 104.06 Skills tests.

Trans 104.06(1) (1) Skills tests required.

Trans 104.06(1)(a) (a) All persons applying for a license classification not held in this state or another jurisdiction at the time of application, other than an instruction permit, shall take and pass skills tests for the classes and types of vehicles the person seeks authority to operate. 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 skills tests as if the person had never been licensed.

Trans 104.06(1)(b) (b) A skills test conducted in a “Class A” vehicle may be used as the basis for the issuance of a license authorizing “Class A”, “B”, “C” and “D” privileges.

Trans 104.06(1)(c) (c) A skills test conducted in a “Class B” vehicle may be used as the basis for the issuance of a license authorizing class “B”, “C” and “D” privileges.

Trans 104.06(1)(d) (d) A skills test conducted in a “Class C” vehicle may be used as the basis for the issuance of a license authorizing “Class C” and “D” privileges.

Trans 104.06(1)(e) (e) A skills test conducted in a “Class D” vehicle may only be used as the basis for the issuance of a license authorizing “Class D” privileges.

Trans 104.06(1)(f) (f) A skills test conducted in a “Class M” vehicle may only be used as the basis for the issuance of a license authorizing “Class M” privileges.

Trans 104.06(2) (2) Administration of skills tests.

Trans 104.06(2)(a) (a) Department conducted examinations. All skills tests shall be administered by the department, except as provided in par. (b).

Trans 104.06(2)(b) (b) CDL third party tester examinations. CDL skills tests and pre-trip inspection tests may be administered by a third party tester under contract with the department pursuant to s. 343.16 (1) (b), Stats. The department may accept certification from a third party tester that a person has taken and passed required CDL skills tests and pre-trip inspection tests.

Trans 104.06(2)(c) (c) Third party examiner audits. Notwithstanding par. (b), as part of its auditing of CDL third party testers, the department may require a CDL applicant who provides a certification of test completion from a third party tester to submit to CDL pre-trip inspection or skills tests administered by the department. In such event, no fee shall be charged for the examinations conducted by the department and the results of those tests shall be used to determine whether a license is issued to the driver, or if a license has already been issued to the driver, whether the license should be cancelled.

Trans 104.06(3) (3) License requirements for skills testing.

Trans 104.06(3)(a) (a) “Class D” skills tests. No person may take or pass a “Class D” skills test unless the person holds an instruction permit that is more than 7 days old or is reinstating a cancelled, suspended or revoked operator’s license. The following operator’s licenses may be used as authorization to operate a motor vehicle during a skills test under this subsection:

Trans 104.06(3)(a)1. 1. A person may take one “Class D” skills test using an instruction permit that has an expiration date not more than one year prior to the examination date.

Trans 104.06(3)(a)2. 2. A person may take “Class D” skills tests using an expired, cancelled, suspended or revoked operator’s license, other than an instruction permit. The department may require any person who fails an examination conducted under this subdivision to obtain an instruction permit as a prerequisite to any subsequent test if, in the examiner’s opinion, the person needs additional driving skills practice before the person will be capable of passing a skills test.

Trans 104.06 Note Note: A person who fails a “Class D” skills test on an expired permit will need to obtain an instruction permit and hold it for 7 or 14 days before the person may be retested. A person who has never held a license will need to obtain an instruction permit before testing. See s. Trans 104.09 (2) and (3).

Trans 104.06(3)(b) (b) CDL skills tests. No person may take or pass a CDL skills test unless the person holds a valid CDL instruction permit, temporary operator’s license or driving receipt that authorizes operation of vehicles of the class and type used for the CDL skills test.

Trans 104.06(4) (4) Passenger and school bus endorsements. All persons applying for a passenger or Wisconsin school bus endorsement who do not hold such an endorsement at the time of application shall take and pass a skills test designed for those endorsements.

Trans 104.06 Note Note: Persons holding school bus endorsements from states other than Wisconsin are required to take and pass Wisconsin school bus endorsement knowledge and skills tests.

Trans 104.06(5) (5) Air brakes restriction.

Trans 104.06(5)(a) (a) Full skills test. All persons applying for a commercial driver license that is not restricted to prohibit operation of a motor vehicle equipped with air brakes shall take and pass a skills test in an air-brake equipped motor vehicle. This paragraph does not apply to a person holding an unrestricted license from another jurisdiction who is exempt from air brakes testing under s. Trans 104.03 (1) (b).

Trans 104.06(5)(b) (b) Abbreviated skills test. A person holding a commercial driver license with proper classes who applies only to remove an air-brake restriction may be administered an abbreviated skills test in an air-brake equipped vehicle. The department may require a driver to retake a complete CDL skills test if the results of an abbreviated skills test lead the examiner to question whether the driver is competent to safely operate a commercial motor vehicle in compliance with the laws of this state.