Chapter Trans 104
EXAMINATION PROCEDURES FOR OPERATOR’S LICENSE
Trans 104.01 Purpose and scope. Trans 104.02 Definitions. Trans 104.03 Knowledge and pre-trip inspection tests. Trans 104.04 Unauthorized assistance. Trans 104.05 Vehicle safety inspection. Trans 104.055 Graduated driver license requirements and waivers. Trans 104.06 Skills tests. Trans 104.07 Special examinations. Trans 104.08 Scoring driving skills tests and special examinations. Trans 104.09 Waiting periods following failed skills tests and special examinations. Trans 104.10 Retesting intervals for certain endorsements. Trans 104.11 Expiration of knowledge and skills tests results. Trans 104.12 Reduction of waiting periods. Ch. Trans 104 NoteNote: Chapter MVD 14 as it existed on December 31, 1990 was repealed and a new chapter Trans 104 was created effective January 1, 1991. Chapter Trans 104 as it existed on July 31, 1996 was repealed and a new chapter Trans 104 was created effective August 1, 1996.
Trans 104.01(1)(1) As authorized by ss. 85.16(1) and 343.02, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 343.03, 343.06 (1) (e), 343.12, 343.135, 343.16, 343.20, 343.25 and 343.32, Stats., relating to procedures used in testing applicants for any classification of operator’s license, endorsements to licenses, and the imposition and removal of license restrictions. Trans 104.01(2)(2) No person may obtain or hold an operator’s license or endorsement, or have any restriction removed from an operator’s license, without meeting all of the requirements of this chapter. Trans 104.01 HistoryHistory: Cr. Register, July, 1996, No. 487, eff. 8-1-96. 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.
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