Wisconsin Legislature: Trans 105.12(1)(d)

8. Violating ss. 343.60 to 343.72, Stats., that significantly harm highway safety.

9. Instructing at a driver training school without the proper license.

(b) Four points are assessed for any of the following:

1. Not complying with renewal criteria within 30 days of written request by DMV.

2. Having 5 substantiated customer complaints in a license period.

3. Continuing to use a vehicle that is out of service for driver training.

4. Having not filed school insurance and/or bond with the department.

5. Failing to resolve audit violations or discrepancies in time specified.

6. Filing complaints about another school that are not substantiated.

7. Soliciting complaints or providing training prior to licensure.

8. Insolvency or bankruptcy.

9. Failing to timely pay debts owed the state.

10. Violating ss. 343.60 to 343.72, Stats., that result in unfair advantage to a school or harms another school.

1. Having 4 substantiated customer complaints within a license period.

2. Not filing required vehicle inspections with the department.

3. Not notifying the department when students are no longer enrolled.

4. Having a significant discrepancy in business records.

5. Providing a student with a signed MV3001 document prior to receipt of a signed contract or agreement.

6. Violating ss. 343.60 to 343.72, Stats., that do not harm the customer or impact highway safety.

(d) One point is assessed for either of the following:

1. Three substantiated customer complaints within a license period.

2. Violation of s. 343.61 (4) (b), Stats., relating to office location and facility locations.

History: CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07; correction in (4) (d) 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 105.12 Progressive enforcement actions.

(1) Before recording points, the department shall notify the school or the instructor of the reason for the proposed action. The school or instructor may respond within 10 days. Upon due consideration the department shall act. The department may:

(a) Record points assessed to driver schools under s. Trans 105.11.

(b) Record points assessed to instructors, including points assessed by a driver school the instructor has worked for or owned previously. Points assessed to instructor may also be assessed to a school.

(d) Record less than the assessed points.

(2) Based on the points assessed to driver schools and instructors under s. Trans 105.11 in the past 24 months, the following enforcement actions shall apply:

(a) Level one enforcement action – one point assessed. An advisory letter may be sent to the driver school or instructor, asking for corrective action.

(b) Level two enforcement action – one to 3 points assessed. The department may conduct an on-site inspection or audit. An advisory letter shall be sent. If a situation is unresolved after time specified in the advisory letter, the department may issue a conditional license under s. 343.61 or 343.62, Stats., restricted to classroom instruction only. Vehicles used by the driver school may also be ordered out of service, if the violation is related to the vehicle inspection. The restricted license may remain in effect until situation is resolved.

(c) Level three enforcement action – 4 to 6 points assessed. A warning letter may be sent. The licenses issued under s. 343.61 or 343.62, Stats., may be revoked, suspended, or denied for 90 days.

(d) Level four enforcement action – 6 or more points assessed. The licenses issued under s. 343.61 or 343.62, Stats., shall be revoked, suspended, or denied for 4 months to one year, based on point accumulation.

(3) All points assessed, administrative licensing suspensions, revocations, denials, or conditional licenses issued may be appealed under ch. 227, Stats.

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