Chapter Trans 105

Trans 105.05(4) (4) To be approved, the agreement form required to be filed by s. 343.71 (1m) (b), Stats., shall be consecutively numbered, contain the date of application, name of school, type or types of lessons, lectures, tutoring or instruction to be given, fee to be charged or the word none if no charge, the statement, “This constitutes the entire agreement between the school and the customer and no verbal statement or promises will be recognized,” signature of customer, signature of student’s parent or guardian for customers under the age of 18, address of customer, and signature of owner of school or owner’s authorized representative.

Trans 105.05(6) (6) The loss, mutilation, or destruction of records required under this section shall be reported immediately to the department by affidavit, stating:

Trans 105.05(6)(a) (a) The date such records were lost, destroyed, or mutilated;

Trans 105.05(6)(b) (b) The circumstances involving such loss, destruction, or mutilation; and

Trans 105.05(6)(c) (c) To whom and when the loss was reported, if the circumstances of the loss warranted a report to the local law enforcement agency or fire department.

Trans 105.05 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (2) (a) (intro.), (b), (c), (3) and (4), r. (5) Register December 2006 No. 612, eff. 1-1-07; CR 22-048: am. (4) Register July 2023 No. 811, eff. 8-1-23.

Trans 105.06 Trans 105.06 General rules for conducting driver schools.

Trans 105.06(1) (1) Licensees shall issue receipts for all fees collected.

Trans 105.06(2) (2) To be approved by the department, a driver school’s specific place of business required by s. 343.61 (4) (b), Stats., shall:

Trans 105.06(2)(b) (b) Be in an area zoned to permit this type of business or a variance that authorizes the business to operate at this address. The department may require the applicant to furnish written proof thereof from the municipality where the driver school is located.

Trans 105.06(2)(c) (c) Contain sufficient space, designated as the office facility, with equipment and personnel to properly maintain and secure the records required by s. 343.71, Stats., and this chapter.

Trans 105.06(2)(d) (d) Not consist of a tent, temporary stand, house trailer, hotel room, room in a rooming house or temporary address.

Trans 105.06(2)(e) (e) Not consist solely of a telephone answering service. Each school shall have a listed telephone number for the driver training school, in the school’s name.

Trans 105.06(2)(f) (f)

Trans 105.06(2)(f)1. 1. Not consist of or include a single or multiple family residence, unless it is a separate room with direct entrance from outside of the residence. This paragraph applies to driver schools first licensed on or after January 1, 2007.

Trans 105.06(2)(f)2. 2. Not consist of or include a single or multiple family residence, unless it is separated from residential use by a door or partition and it can be reached from the outside without entering the residential rooms of the building. This paragraph applies to driver schools first licensed between January 1, 1969 and January 1, 2007. Driver schools licensed prior to January 1, 1969 are exempt from this requirement until either the location or ownership is changed.

Trans 105.06(3) (3) Any facility to be used as a classroom shall be designated in writing by the licensee, and no instruction shall begin without written authorization by the department. Authorization by the department does not supersede local ordinances or the building, heating and ventilation code established by the department of industry, labor and human relations relating to public health, safety and sanitation. The department shall consider the following criteria in determining the suitability of the classroom learning environment:

Trans 105.06(3)(a) (a) Size of room at least 20 square feet per occupant.

Trans 105.06(3)(b) (b) Cleanliness.

Trans 105.06(3)(c) (c) Absence of conflicting noise, disturbances or distractions.

Trans 105.06(3)(d) (d) Audio-visual aids.

Trans 105.06(3)(e) (e) Adequacy of lighting, heating and ventilation.

Trans 105.06(3)(f) (f) Availability of restroom facilities.

Trans 105.06(4) (4) No more than 35 students may be placed in any class section without the department’s approval. Class sections in excess of 35 students may be allowed only when facilities and lesson plans justify such instruction.

Trans 105.06(5) (5) A licensee may not solicit business within 1500 feet of any department office where official road tests are given. This section does not apply in any of the following circumstances:

Trans 105.06(5)(a) (a) The department relocates or establishes a new office within 1500 feet of an existing driver school.

Trans 105.06(5)(b) (b) The municipality where the department office is located has a population less than 15,000.

Trans 105.06(5)(c) (c) The department conducts business at the office less than 3 times per month.

Trans 105.06(5)(d) (d) The driver school petitions the department for an exception, and the department, after researching customer needs, location, population, zoning and access, grants an exception.

Trans 105.06(6) (6) Licensees not authorized to teach students under 18 years of age may not advertise in a manner that states or implies that such services are provided.

Trans 105.06(7) (7) Licensees may advertise only by the school name shown on its license.

Trans 105.06(8) (8) Licensees shall supply the information required by s. 343.72 (11), Stats., to the attention of the department immediately upon purchase or lease of each driver training car.

Trans 105.06(9) (9) Licensees may not charge fees in excess of those on file with the department. Fees may be amended at any time, provided such changes are filed with the department not later than the day they become effective.

Trans 105.06(10) (10) Approved dual controls required by s. 343.72 (12), Stats., include but are not limited to a separate brake for the instructor which is located on the right side of the car so the instructor can safely operate the controls, and a separate mirror on the right, outside of the car, positioned so the instructor can view traffic to the rear. An authorized representative of the department may make random inspections to assure compliance with this subsection.

Trans 105.06(11) (11) A licensee using a vehicle that is more than 3 years old or whose odometer reading is greater than 100,000 miles to conduct behind-the-wheel training shall ensure all of the following with respect to the vehicle:

Trans 105.06(11)(a) (a) Be certified to meet all manufacture specifications for the vehicle type, model, and year, within 30 days of being put into service. Certification may be completed by a motor vehicle repair shop. For purposes of this paragraph, a “motor vehicle repair shop” means a natural person, corporation, partnership or other business association or entity engaged in the motor vehicle repair business, but does not include a shop that repairs motor vehicles for a single business entity or for 2 or more entities subject to common control.

Trans 105.06(11)(b) (b) Submit to an annual vehicle inspection certification by an authorized service facility. The inspection shall be done before the annual anniversary date of the certification that the vehicle was put into service. If a vehicle was less than 3 years old, the inspection should be done before the vehicle is 3 years old or before the vehicle’s odometer reading is greater than 100,000 miles. The safety certification shall be on a form defined by the department and at a minimum include the name of school, vehicle make, vehicle model, vehicle identification number, and a date and signature certifying the vehicle meets or exceeds safety standards.

Trans 105.06 Note Note: Form MV3264 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 105.06(12) (12) If the department deems a vehicle of any age unsafe, the department shall order a vehicle out of service until it is repaired. If the only vehicle in the school fleet is ordered out of service, the school may not perform behind the wheel instruction until the vehicle is certified as safe. Use of a vehicle after being ordered out of service shall result in points being assessed under s. Trans 105.11.

Trans 105.06(13) (13) Licensees shall give behind-the-wheel instruction only in driver training cars, except such instruction may be given to persons who now hold or previously held an operator’s license or have completed 6 clock hours of behind-the-wheel instruction given by a high school, technical college, institution of higher learning, or school licensed by the department.

Trans 105.06(14) (14) The department may deny the application if it determines the school name could be duplicative, confusing or fraudulent. Any change of the school’s name, address, or ownership must be approved in advance by the department.

Trans 105.06 History History: Cr. Register, November, 1979, No. 287, eff. 12-1-79; correction in (11) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488; CR 06-089: am. (2) (intro.), (b), (e), (7) and (10), r. (2) (a), renum. (2) (f), (11) and (12) to be (2) (f) 2., (13) and (14) and am. (2) (f) 2., cr. (2) (f) 1., (3) (f), (11) and (12), r. and recr. (5) Register December 2006 No. 612, eff. 1-1-07; 2023 Wis. Act 202: am. (5) (b) Register April 2024 No. 820, eff. 5-1-24.

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

Trans 105.07(1) (1) 

Trans 105.07(1)(a) (a) Except as otherwise provided by this section, a licensed driver school may not offer courses in driver education specified in s. 343.06, Stats., without first obtaining the department’s approval which shall be evidenced by an endorsement on the license certificate. The endorsement shall specify whether the licensee is authorized to provide classroom instruction or behind-the-wheel instruction, or both to persons under 18 years of age.

Trans 105.07(1)(b) (b) Requests for initial approval under this section shall be accompanied by a course summary. After the course summary has been initially approved, the licensee shall submit to the department for approval any substantial proposed changes prior to their implementation.

Trans 105.07(1)(b)1. 1. The course summary shall specify a minimum of one main topic or more for each hour. The classroom course shall cover, but is not limited to the following:

Trans 105.07(1)(b)1.b. b. Responsibility of vehicle operation.

Trans 105.07(1)(b)1.c. c. Mechanical and control features of the vehicle.

Trans 105.07(1)(b)1.d. d. Environmental dynamics of driving.

Trans 105.07(1)(b)1.e. e. Driving procedures: Pre-driving skills and basic maneuvers.

Trans 105.07(1)(b)1.f. f. City driving.

Trans 105.07(1)(b)1.g. g. Rural driving.

Trans 105.07(1)(b)1.h. h. Freeway driving.

Trans 105.07(1)(b)1.i. i. Psychophysical aspects of driving.

Trans 105.07(1)(b)1.j. j. Vehicle ownership.

Trans 105.07(1)(b)1.k. k. Traffic citizenship and highway safety progress.

Trans 105.07(1)(b)1.L. L. Instruction required under s. 343.71 (5), Stats.

Trans 105.07 Note Note: This includes hazards posed by farm machinery, 30 minutes of instruction on organ and tissue donation, and information on motorcycle, bicycle, and pedestrian awareness.

Trans 105.07(1)(b)2. 2. The behind-the-wheel course shall cover, but is not limited to the following:

Trans 105.07(1)(b)2.a. a. Introduction to the automobile.

Trans 105.07(1)(b)2.b. b. City driving.

Trans 105.07(1)(b)2.c. c. Left and right turns.

Trans 105.07(1)(b)2.d. d. Backing and Y turns.

Trans 105.07(1)(b)2.e. e. Parking.

Trans 105.07(1)(b)2.f. f. Rural driving (including multiple lane and freeway if possible).

Trans 105.07(1)(b)3. 3. Each classroom lesson plan shall cover no more than 2 hours. Each behind–the–wheel lesson plan shall cover no more than one hour. Lesson plans shall be kept on file with the driver school. The lesson plan shall specify the following:

Trans 105.07(1)(b)3.a. a. Title of lesson.

Trans 105.07(1)(b)3.b. b. Session number.

Trans 105.07(1)(b)3.c. c. Time allotted to this lesson.

Trans 105.07(1)(b)3.d. d. Type of lesson (method; such as lecture, demonstration, informal discussion, role playing, laboratory, drill and practice, test, etc.).

Trans 105.07(1)(b)3.e. e. Training aides (chalkboard, slide projector, etc.).

Trans 105.07(1)(b)3.f. f. Statement of objectives.

Trans 105.07(1)(b)3.g. g. Reference material (textbooks, pamphlets, movies, film strips, slides, charts, etc.).

Trans 105.07(1)(b)3.h. h. Detailed lesson outline (which includes an introduction, development and summary with assignment for next lesson).

Trans 105.07(1)(c) (c) A student who satisfactorily completes the approved course and satisfies all financial obligations required by the student’s contract with the school shall be given a certificate of completion on a form approved by the department.

Trans 105.07(2) (2) 

Trans 105.07(2)(a) (a) In order to be eligible for approval under this section, a classroom phase of instruction shall consist of 30 clock hours in the classroom, extending over a minimum of 3 weeks for each student at no more than 2 clock hours per day. A course is not approved when students begin the class on alternate days. All students must be present for every session except if a student is absent for any legitimate reason, the absence must be marked on the student’s record and the lessons missed must be made up. Classroom instruction and behind–the–wheel instruction may be given concurrently only if both phases are given by the same school.

Trans 105.07(2)(b) (b)

Trans 105.07(2)(b)1. 1. In order to be eligible for approval under this subsection, a behind-the-wheel phase of instruction shall consist of 6 clock hours of observation in the vehicle and 6 clock hours of actual vehicle operation. This phase shall extend over a minimum of 3 weeks for each student with no more than 1 hour of behind-the-wheel driving and no more than 2 hours of observation each day.

Trans 105.07(2)(b)2. 2. Behind-the-wheel instruction may be substituted for observation if the agreement specifies the hours and cost of both the basic course and the alternate. This substitution may be on a ratio of 1 hour of driving to 2 hours of observation.

Trans 105.07 Note Note: Example: 7 hours driving and 4 hours observation or 8 hours driving and 2 hours observation or 9 hours driving and no observation.

Trans 105.07(3) (3) For behind-the-wheel only instruction, a licensee may not begin behind-the-wheel training with a new student unless certified proof of completion of an approved classroom phase is on file with the agreement in the licensee’s office. However, this subdivision does not apply if the student is either enrolled in an approved behind–the–wheel phase at a different school or has completed the approved course, and the agreement specifies that the instruction does not qualify the student to apply for a license under s. 343.06 (3), Stats.

Trans 105.07(4) (4) 

Trans 105.07(4)(a) (a) Licensees not meeting the requirements of sub. (2) (a) and (b) shall be restricted to instruction of students who are 18 years of age or over.

Trans 105.07(4)(b) (b) Licensees meeting the requirement of sub. (2) (b) but not (2) (a) shall be restricted when instructing students under 18 years of age to a behind-the-wheel course only.

Trans 105.07(4)(c) (c) Licensees may employ instructors who are licensed to teach adults only, so long as those instructors are not involved directly or indirectly in the instruction of persons under 18 years of age.

Trans 105.07(5) (5) All applicants for an instructor’s license shall have satisfactorily completed 40 clock hours of classroom instruction in safety and driver education as given by an approved driving school instructor training program as a minimum requirement to teach students except that:

Trans 105.07(5)(a) (a) Instructors licensed prior to January 1, 1971 with more than 1 year experience teaching students in a complete course of instruction as set forth in sub. (2) (a) and (b) are exempt from this requirement.