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.