Chapter Trans 105

Register April 2011 No. 664

Chapter Trans 105

LICENSING OF DRIVER SCHOOLS AND INSTRUCTORS

Trans 105.003   Introduction.

Trans 105.007   Definitions.

Trans 105.01   Driver school and instructor license applications.

Trans 105.015   Cooperative driver testing program.

Trans 105.02   Examination of applicants for instructor’s license.

Trans 105.03   Satisfactory driving record for driver instructor applicant or licensee.

Trans 105.035   Fitness for driver school license.

Trans 105.04   Driver school administrative procedures.

Trans 105.05   Driver schools to maintain records.

Trans 105.06   General rules for conducting driver schools.

Trans 105.07   Special rules for instruction of students under 18 years of age.

Trans 105.09   Time period for review and determination of eligibility.

Trans 105.10   Insurance and bond requirements.

Trans 105.11   Driver school point system.

Trans 105.12   Progressive enforcement actions.

Trans 105.003 Trans 105.003 Introduction.

Trans 105.003(1) (1) Purpose. This chapter interprets subch. VI of ch. 343, Stats., by creating rules relating to:

Trans 105.003(1)(a) (a) The licensing and regulation of commercial driver schools that provide driver training and testing for students and training of instructors.

Trans 105.003(1)(b) (b) The licensing and regulation of commercial driver school instructors who provide classroom and behind-the-wheel instructions to customers.

Trans 105.003(2) (2) Scope. This chapter applies to all persons operating a commercial driver school for customers or giving instruction in the driving of a motor vehicle to customers except as specifically excluded.

Trans 105.003 History History: CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.

Trans 105.007 Trans 105.007 Definitions. In this chapter:

Trans 105.007(1) (1) “Authorized medical practitioner” means a physician licensed to practice medicine in any state, an advanced practice nurse licensed to practice nursing in any state, a physician assistant licensed or certified to practice in any state, a chiropractor licensed to practice chiropractic in any state, or a Christian Science practitioner residing in this state, and listed in the Christian Science journal.

Trans 105.007(2) (2) “Driver school” or “school” has the meaning given in s. 343.60 (1), Stats.

Trans 105.007(3) (3) “Instructor” has the meaning given in s. 343.60 (3), Stats.

Trans 105.007(4) (4) “Student” means a customer less than 18 years of age who is applying to or is enrolled at a driver school for instruction in driving a motor vehicle.

Trans 105.007(5) (5) “Substantiated” in reference to a complaint means that the complaint is written, was submitted to the school or instructor at issue, was not resolved within 10 business days by the school or instructor, and directly involves a matter regulated by subch. VI of ch. 343, Stats., or this chapter, with probable cause to believe that a violation occurred.

Trans 105.007(6) (6) “Vehicle” means a 4-wheeled self-propelled device meeting federal motor vehicle safety standards with a minimum capacity of 2 persons.

Trans 105.007 History History: CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.

Trans 105.01 Trans 105.01 Driver school and instructor license applications.

Trans 105.01(1) (1) Information required in the application may include, but is not limited to, the following:

Trans 105.01(1)(a) (a) Name of the applicant.

Trans 105.01(1)(b) (b) Present address of applicant.

Trans 105.01(1)(c) (c) Previous addresses of applicant in the past 5 years.

Trans 105.01(1)(d) (d) Description of applicant and description of facilities.

Trans 105.01(1)(e) (e) Training or experience instructing drivers.

Trans 105.01(1)(g) (g) The names of instructors and a list of driver training cars, if applying for driver school license.

Trans 105.01(1)(h) (h) Any other information that may be deemed relevant to the decision to grant or deny a license.

Trans 105.01(2) (2) Application for a driver school license shall be accompanied by a schedule of maximum fees and charges per hour for instruction of students.

Trans 105.01(3) (3) Application for a driver school license shall be accompanied by a copy of the contract or agreement which constitutes the complete agreement for instruction of students.

Trans 105.01(4) (4) An applicant for a driver school license may self-certify the condition of its school offices and classrooms to the department on the approved department form submitted with the application unless the office is in a home residence. The self-certification of the school offices and classrooms shall certify all of the following:

Trans 105.01(4)(a) (a) The address of any office and any classroom being self-certified.

Trans 105.01(4)(b) (b) The measurement and configuration of any office and classroom, including entrances, exits, windows, and records storage.

Trans 105.01(4)(c) (c) Adequate lighting and temperature control.

Trans 105.01(4)(d) (d) Two or more licensed driver schools cannot operate out of the same office.

Trans 105.01(4)(e) (e) Zoning verification if the office is located in a non-traditional business location.

Trans 105.01(4)(f) (f) Access to restroom facilities for classrooms.

Trans 105.01(4)(g) (g) Authorization from a public school if public classrooms are used to provide instruction.

Trans 105.01 Note Note: Form MV3110 can be obtained by writing to the Division of Motor Vehicles, Bureau of Driver Services, P. O. Box 7920, Madison, WI 53707-7920, or by calling [phone].

Trans 105.01(5) (5) A driver school office in a home residence may be conditionally self-certified if the office is visited and approved by the department prior to filing a school license application, and all of the following requirements apply:

Trans 105.01(5)(a) (a) Students are not allowed at the office unless accompanied by a parent or sponsor.

Trans 105.01(5)(b) (b) The applicant verifies that local zoning allows the office in a non-traditional business location.

Trans 105.01(5)(c) (c) The office complies with the requirements of s. Trans 105.06 (2) (f). Driver schools licensed prior to January 1, 1969 are exempt from this requirement.

Trans 105.01(6) (6) An applicant who will be an owner or manager of a driver school shall pass the test, administered by the department, on driver school and instructor criteria. The applicant must receive a minimum score of 80% to pass the test.

Trans 105.01 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: r. (1) (f), cr. (4) to (6) Register December 2006 No. 612, eff. 1-1-07.

Trans 105.015 Trans 105.015 Cooperative driver testing program.

Trans 105.015(1) (1) The department may enter into a cooperative driver testing agreement with the driving school to conduct knowledge tests as permitted by s. 343.16 (1) (c), Stats. Driver schools may administer the knowledge and highway signs tests to students who are currently enrolled in driver education. A driver school that has accumulated 2 or more points in the past 24 months under s. Trans 105.11 may not enter into the testing agreement with the department.

Trans 105.015(2) (2) The agreement under sub. (1) is voluntary and can be terminated by either the department or the driver school.

Trans 105.015(3) (3) A school that is participating in the cooperative driver testing program under s. 343.16 (1) (c), Stats., may provide the knowledge and highway signs tests required under s. 343.62 (4) (a) 1., Stats., to its own instructors.

Trans 105.015 History History: CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.

Trans 105.02 Trans 105.02 Examination of applicants for instructor’s license.

Trans 105.02(1) (1) Each applicant for an instructor’s license shall take the road test administered by the department. The road test shall be scored in the same manner as are tests given for regular operator’s licenses and shall also include an actual demonstration of procedures and techniques used instructing drivers. Tests required by s. 343.62 (4) (a), Stats., are required of all applicants for original instructor’s license and applicants whose instructor’s licenses have lapsed for one or more years. The department may also require retesting of currently licensed instructors either as a part of a routine retesting program or when it has reasonable cause to doubt the continued competency of any individual instructor. An applicant shall complete a test on instructional procedures or demonstrating teaching skills administered by the department. This test may be administered orally. An applicant must receive a minimum score of 80% to pass the test.

Trans 105.02(2) (2) An instructor who has held an instructor’s license for both behind-the-wheel and classroom training, but is no longer eligible for an operator’s license because of a medical condition, may upon request to the department by the school, obtain a classroom-only license.

Trans 105.02(4) (4) An applicant for an instructor’s license shall have a medical statement completed within the 24 months prior to the application date by an authorized medical practitioner on a form supplied by the department and submitted to the department with the school renewal. If the applicant has a medical condition that impacts safe vehicle operation, the department may request medical documentation more frequently based on ch. Trans 112.

Trans 105.02(5) (5) If the information filed by the authorized medical practitioner is such as to indicate the person is not physically fit to teach driving, the department may require the applicant to submit to further medical examination or deny the license.

Trans 105.02(6) (6) An authorized departmental representative may visit classroom sessions and ride in driver training cars during instruction for the purpose of evaluating the teacher’s preparation, knowledge of the subject matter, and teaching ability, and determining if the approved course is being followed.

Trans 105.02 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (1), renum. (2), (3), (4) to be (4), (5), (6) and am. (4) and (5), cr. (2) Register December 2006 No. 612, eff. 1-1-07; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 105.03 Trans 105.03 Satisfactory driving record for driver instructor applicant or licensee.

Trans 105.03(1) (1) A person’s driving record shall not be considered satisfactory to hold an instructor’s license if that person:

Trans 105.03(1)(a) (a) Has accumulated more than 6 demerit points under s. 343.32 (2), Stats., during a one-year period, as specified in this paragraph and sub. (2).

Trans 105.03(1)(a)1. 1. The one-year period under this paragraph shall be measured from the dates of the violations which resulted in the accumulation of demerit points.

Trans 105.03(1)(a)2. 2. Demerit point reduction under s. Trans 101.07 does not apply to the computation of accumulated points under this paragraph.

Trans 105.03(1)(b) (b) Has been involved in 2 or more accidents in a one–year period where the crash report indicates that such person may have been causally negligent. If there is no traffic citation resulting in a conviction associated with the crash, the person is not considered negligent.

Trans 105.03(1)(c) (c) Has had his or her operator’s license revoked, suspended or cancelled for a traffic violation other than a parking violation, at any time during the past 4 years, based on the conviction date or upon the effective date of the withdrawal of operating privileges, whichever is earlier.

Trans 105.03(2) (2) 

Trans 105.03(2)(a) (a) If an applicant for an instructor’s license accumulates more than 6 demerit points in a one-year period as provided in sub. (1) (a) in the year preceding application, the department shall deny the instructor’s license until one year elapses from the date of the most recent violation that resulted in the person’s accumulation of more than 6 demerit points.

Trans 105.03(2)(b) (b) If a licensed instructor accumulates more than 6 demerit points in a one-year period as provided under sub. (1) (a), the department shall suspend the instructor’s license for a period of one year. The period of suspension shall be measured from the date that the department receives notice of the most recent conviction that resulted in the person’s accumulation of more than 6 demerit points.

Trans 105.03 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; am. (1) (c) and (2), Register, October, 1985, No. 358, eff. 11-1-85.; renum. (1) (a) and (2) to be (1) (a) (intro) and Trans 105.035 (1) and am., cr. (1) (a) 1. and 2. and (2), Register, September, 1990, No. 417, eff. 10-1-90; CR 06-089: am. (1) (b) and (c) Register December 2006 No. 612, eff. 1-1-07.

Trans 105.035 Trans 105.035 Fitness for driver school license.

Trans 105.035(1) (1) For the purpose of determining the fitness of a person to hold a driver school license under s. 343.62 (4) (a) 8. and 9., Stats., the department shall consider all relevant arrests and convictions, and make such further examinations and checks as it determines are necessary.