Chapter Trans 104

Trans 104.06(7)(b) (b) A commercial driver license skills test may include an air brake examination if the skills test is conducted in a commercial motor vehicle that is equipped with air brakes. If the vehicle does not have air brakes and the applicant has not previously passed a skills test in an air-brake equipped vehicle, a restriction prohibiting the operation of air-brake equipped vehicles shall be applied to a commercial driver license issued to the person.

Trans 104.06(8) (8) School bus endorsement test. All school bus endorsement skills tests shall examine whether the applicant demonstrates sufficient use of both hands and the foot normally used to operate the brake and accelerator, simulated rural student discharge procedures, and railroad crossing stop procedures.

Trans 104.06(9) (9) Regular vehicle skills tests. All “Class D” license driving skills tests shall examine the following driving skills:

Trans 104.06(9)(a) (a) Backing skills.

Trans 104.06(9)(b) (b) Turnabout, Y turn or U turn.

Trans 104.06(9)(c) (c) Parking skills.

Trans 104.06(10) (10) Motorcycle and moped tests. All “Class M” license and “Class D” restricted license for moped or motorcycle operation driving skills tests shall include a U turn.

Trans 104.06 Note Note: See ss. 343.08 and 343.135, Stats., for information regarding “Class D” restricted licenses.

Trans 104.06(11) (11) Cancellation of skills test or special examination. A skills test or special examination may be canceled or discontinued at any time the examiner determines that it would constitute a hazard to the applicant, the examiner or the public. Grounds for cancelling or discontinuing a skills test or special examination include:

Trans 104.06(11)(a) (a) Severe weather.

Trans 104.06(11)(b) (b) Hazardous road conditions.

Trans 104.06(11)(c) (c) Vehicle equipment defects.

Trans 104.06(11)(d) (d) Inability of the examiner to communicate essential traffic instructions to the person taking the test.

Trans 104.06(11)(e) (e) Dangerous driving by the applicant.

Trans 104.06(11)(f) (f) The applicant appears to be impaired by alcohol or a controlled substance, disoriented, or otherwise unfit to continue the examination.

Trans 104.06(12) (12) Assistance prohibited. No person other than personnel authorized by the department may accompany an applicant during the skills test or special examination.

Trans 104.06(13) (13) Dangerous driving. A person shall fail a skills test or special examination, regardless of points earned, if the person:

Trans 104.06(13)(a) (a) Is involved in any accident which the applicant could have prevented, or contacts any fixed object or pedestrian, except for minor bumper to bumper contact that occurs as part of a parking maneuver.

Trans 104.06(13)(b) (b) Commits a dangerous act that causes another person to take a defensive action to avoid an accident or that causes the examiner to warn the driver in order to prevent an accident.

Trans 104.06(13)(c) (c) Commits a moving traffic violation.

Trans 104.06(13)(d) (d) Does not drive attentively.

Trans 104.06(13)(e) (e) Demonstrates an inordinate lack of ability, knowledge or skills in any of the following:

Trans 104.06(13)(e)1. 1. Exercising ordinary and reasonable vehicle control.

Trans 104.06(13)(e)2. 2. Coping with the driving task or conditions.

Trans 104.06(13)(e)3. 3. Exercising safe driving practices.

Trans 104.06 Note Note: Form MV3543, Commercial Driver Skills Examination Report, MV3544, “Class D” Skills Test and MV3583, “Class M” Skills Test are used by examiners to score examinations. Copies of the forms are provided to applicants as a report of their test results and can be obtained from driver examiners.

Trans 104.06 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. (5) (b) and (6) (a) 3., Register, August, 2000, No. 536, eff. 9-1-00.

Trans 104.07 Trans 104.07 Special examinations.

Trans 104.07(1) (1) Reasons for special examinations. The department may conduct a special examination for any of the following reasons:

Trans 104.07(1)(a) (a) To determine whether a person adequately compensates for a medical condition or functional impairment.

Trans 104.07(1)(b) (b) To determine whether to remove, add or modify restrictions.

Trans 104.07(1)(c) (c) To determine whether a person is able to exercise ordinary and reasonable control of a motor vehicle.

Trans 104.07(1)(d) (d) To investigate a report received by the department that a licensed operator may be incompetent or otherwise not qualified to be licensed.

Trans 104.07(1)(e) (e) To determine whether the person has the knowledge necessary to operate a motor vehicle with the classes, endorsements and restrictions for which the person is licensed.

Trans 104.07(1)(f) (f) To evaluate an applicant from another jurisdiction holding a driver license from that jurisdiction that does not contain any restrictions related to any functional impairment or medical condition for which a restriction is usually imposed by the department.

Trans 104.07(2) (2) Special examination skills tests.

Trans 104.07(2)(a) (a) Full skills test. A special examination skills test shall be conducted in the same manner as a skills test under s. Trans 104.06 if the department is investigating or evaluating a person’s ability to exercise ordinary and reasonable control in the operation of a representative vehicle.

Trans 104.07(2)(b) (b) Limited skills test. A limited special examination skills test may be conducted in a limited area, on a non-standard route, or to test only selected skills if it is administered to:

Trans 104.07(2)(b)1. 1. Evaluate a person’s ability to compensate for a functional impairment or medical condition.

Trans 104.07(2)(b)2. 2. Investigate a driver condition or behavior report.

Trans 104.07(2)(b)3. 3. Evaluate a person’s ability to exercise ordinary and reasonable control of a motor vehicle for the purpose of issuing a license that is restricted to certain areas or times of operation.

Trans 104.07(3) (3) Special examination knowledge tests. Special examination knowledge tests shall be the examinations required under s. Trans 104.03 for the license classes and endorsements held by the driver.

Trans 104.07(4) (4) Class of vehicles tests. The department shall determine the class and type of vehicle in which a special examination shall be conducted.

Trans 104.07(5) (5) Multiple special examinations. More than one special examination skills or knowledge test may be required if the person’s license authorizes operation of more than one class of vehicle or contains endorsements.

Trans 104.07(6) (6) Expired licenses. A person may take a special examination for “Class D” vehicles using an expired operator’s license, other than an instruction permit, that has an expiration date not more than 4 years prior to the examination date.

Trans 104.07 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Trans 104.08 Trans 104.08 Scoring driving skills tests and special examinations.

Trans 104.08(1) (1) Evaluated driving skills shall be assigned a point value and points shall be awarded for all skills successfully completed or which are not tested.

Trans 104.08(2) (2) A passing score for a skills test shall be determined by the accumulated point total for the class and endorsement being tested.

Trans 104.08 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Trans 104.09 Trans 104.09 Waiting periods following failed skills tests and special examinations.

Trans 104.09(1) (1) Except as provided in subs. (2) to (5), a person who fails a skills test or special examination shall wait a minimum of one day before retaking the test.

Trans 104.09(2) (2) A person who fails a skills test or special examination by 10 points or less, or who fails a skills test because of dangerous driving behavior described in s. Trans 104.06(13)(a), (b) or (d), shall wait a minimum of one week before retaking the test.

Trans 104.09(3) (3) A person who fails a skills test or special examination by more than 10 points or because of dangerous driving behavior described in s. Trans 104.06 (13) (e) shall wait a minimum of 2 weeks before retaking the test.

Trans 104.09(3m) (3m) A person who fails a CDL skills test solely because the person failed both the straight-line and curved-path backing tests shall wait a minimum of one week before retaking the CDL skills test.

Trans 104.09(4) (4) Waiting periods under this section include the day of the unsuccessful test.

Trans 104.09(5) (5) A person who fails 5 or more skills tests or special examinations 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 or exams 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 test or exam, which makes successful completion of the test or exam more likely.

Trans 104.09 Note Note: See s. Trans 104.12 regarding potential waiver of these time periods in appropriate cases.

Trans 104.09 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. (1), (2) and (5), cr. (3m), Register, August, 2000, No. 536, eff. 9-1-00; CR 22-048: am. (3m) Register July 2023 No. 811, eff. 8-1-23.

Trans 104.10 Trans 104.10 Retesting intervals for certain endorsements.

Trans 104.10(1) (1) School bus endorsements.

Trans 104.10(1)(a) (a) Any person who applies to renew a Wisconsin school bus endorsement shall take and pass a school bus knowledge test, vision and hearing screening, highway sign test and an abbreviated skills test in a school bus.

Trans 104.10(1)(b) (b) An abbreviated school bus skills test includes at least the following:

Trans 104.10(1)(b)1. 1. Pre-trip inspection.

Trans 104.10(1)(b)2. 2. Simulated rural student discharge.

Trans 104.10(1)(b)3. 3. Railroad crossing stop.

Trans 104.10(1)(c) (c) The components of the skills test shall be scored as pass or fail. If a driver commits a moving traffic violation or dangerous act or is involved in an accident, the driver shall fail the skills test.

Trans 104.10(1)(d) (d) If a person with a school bus endorsement fails the abbreviated skills test, the person’s school bus endorsement may not be renewed until the person retakes and passes the abbreviated skills test. The department may require a driver to retake a complete driving school bus test if the results of an abbreviated skills test lead the examiner to question whether the driver has the ability to exercise ordinary and reasonable control in the operation of a school bus in compliance with the laws of this state.

Trans 104.10(1)(e) (e) A person who holds a license with a school bus endorsement that is restricted from operation of air-brake equipped vehicles may not take a school bus endorsement abbreviated skills test in an air-brake equipped vehicle unless the person first completes all knowledge and skills examinations required to remove an air-brake restriction under ss. Trans 104.03 (2) (f) and (8) and 104.06 (5) (b). The air-brake pre-inspection test and abbreviated air-brake skills test may be conducted as part of a school bus abbreviated skills test.

Trans 104.10(1)(f) (f) Persons who are 70 years of age or older and hold a school bus endorsement shall demonstrate their continuing ability to meet the licensing requirements of this subsection at 2-year intervals and shall file a medical certification annually. The 2-year periods described under this paragraph shall be measured from the date of the driver’s preceding examination.

Trans 104.10 Note Note: Form MV3030B, Medical Examination Report, is used for school bus medical certification. It may be obtained from a Division of Motor Vehicles Service Center or by writing, Wisconsin Department of Transportation, Medical/Alcohol Review Section, P.O. Box 7918, Madison, WI 53707-7918.

Trans 104.10(2) (2) Hazardous materials endorsements. Any person who applies to renew a hazardous materials endorsement or who holds a license from another jurisdiction and applies for an original Wisconsin license endorsed to permit transportation of hazardous materials shall take the hazardous materials knowledge test.

Trans 104.10(3) (3) Special restricted licenses. Any person who applies to renew a special restricted license issued under s. 343.135, Stats., shall successfully complete the knowledge and skills tests required for the license that is being renewed.

Trans 104.10 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. (1) (d) and (e), Register, August, 2000, No. 536, eff. 9-1-00.

Trans 104.11 Trans 104.11 Expiration of knowledge and skills tests results. The department may not issue any license or endorsement, remove any restriction, nor renew any license or endorsement for which an examination is required based upon examination results that are more than one year old.

Trans 104.11 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Trans 104.12 Trans 104.12 Reduction of waiting periods. The department may reduce the waiting periods specified in ss. Trans 104.06 (3) and 104.09 (2) and (3) in cases where imposition of the required waiting period would impose an undue hardship on a person or the person’s family. The department may reduce the minimum waiting period under this section to such shorter time frame as will permit the license applicant to complete necessary driving practice, but in no event may it be reduced to less than one day. Written application for such a waiver shall be made to the administrator of the division of motor vehicles, or the administrator’s delegate, and shall contain a description of the undue hardship and a planned driving practice schedule. No person may be granted more than one reduction under this section.

Trans 104.12 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96.