Chapter Trans 106

Chapter Trans 106

CERTIFICATION OF TRAFFIC SAFETY PROGRAMS AND INSTRUCTORS

Trans 106.01   Purpose and scope.

Trans 106.02   Definitions.

Trans 106.03   General rules for conducting traffic safety programs.

Trans 106.04   Cancellation of traffic safety school certification.

Trans 106.05   School recertification after denial or cancellation.

Trans 106.06   Instructor certification standards.

Trans 106.07   Group dynamics traffic safety program instructor qualifications.

Trans 106.08   Multiple offender traffic safety program instructor qualifications.

Trans 106.09   General traffic safety program instructor qualifications.

Trans 106.10   Denial or cancellation of instructor certification.

Trans 106.11   Instructor recertification after denial, cancellation or expiration.

Trans 106.12   Advisory council.

Ch. Trans 106 Note Note: Chapter MVD 23 as it existed on December 31, 1991 was repealed and a new chapter Trans 106 was created effective January 1, 1992.

Trans 106.01 Trans 106.01 Purpose and scope.

Trans 106.01(1) (1) As authorized by ss. 85.16 (1), 227.11, and 345.60, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 343.30 (1q) (d), 343.305 (10) and 345.60, Stats., relating to the certification of traffic safety schools, curriculum and instructors.

Trans 106.01(2) (2) This chapter applies to any organization applying for traffic safety school certification and to any person applying for instructor certification. The provisions of this chapter shall apply to new instructors and new schools applying for certification after January 1, 1992 and to presently certified instructors applying for recertification.

Trans 106.01 Note Note: Forms used in this chapter include MVD 3301—Instructor Report, MV 3302—Quarterly Report, MV 3304—Course Completion Certificate, MV 3306—Instructor Application for Certification and MV 3521—Student Enrollment Confirmation. Forms are available from the Wisconsin Department of Transportation, Maps and Publications Sales, 3617 Pierstorff Street, P.O. Box 7713, Madison, WI 53707-7713.

Trans 106.01 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. Register, March, 1996, No. 483, eff. 4-1-96.

Trans 106.02 Trans 106.02 Definitions. The words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

Trans 106.02(1) (1) “AODA” means alcohol and other drug abuse.

Trans 106.02(1m) (1m) “Assessment” means an examination of a person’s use of alcohol or other drugs, or both, and the development of a driver safety plan for the person by an approved public treatment facility as defined in s. 51.45 (2) (c), Stats., or by a comparable treatment facility lawfully established in another state.

Trans 106.02(2) (2) “Assessment facility or agency” means an alcohol and drug abuse approved public treatment facility, as defined in s. 51.45 (2) (c), Stats., which is also approved for one or more programs under ss. HFS 61.54 to 61.57 and 61.59 to 61.68 and is designated by a board to conduct assessments, or by a comparable treatment facility lawfully established in another state.

Trans 106.02 Note Note: Sections HFS 61.50 to 61.68 were repealed eff. 8-1-00 and replaced by Ch. HFS 75 (currently ch. DHS 75).

Trans 106.02(3) (3) “Board” means the county department under s. 51.42, Stats., which is responsible for each county’s provision of alcohol and drug abuse services under ss. 51.42 and 51.45, Stats.

Trans 106.02(4) (4) “Designated traffic safety school coordinator” means an individual appointed by the Wisconsin technical college district or assessment agency, for the Sauk and Dodge county programs, to oversee the traffic safety school program.

Trans 106.02(5) (5) “General traffic safety program” means a course that is approved by the department under s. 345.60, Stats., and that encourages students to examine and change their driving habits, attitudes and life styles to improve their ability to operate a motor vehicle safely.

Trans 106.02(6) (6) “Group dynamics traffic safety program” means a course that is approved by the department under s. 345.60, Stats., and that encourages students to examine their chemical use habits, discuss their chemical use and their driving behavior and formulate an alternative life style which would improve their ability to safely operate a motor vehicle.

Trans 106.02(7) (7) “Moving violation” means a violation as defined in s. 343.01 (2) (cg), Stats.

Trans 106.02(8) (8) “Multiple offender traffic safety program” means a course that is approved by the department under s. 345.60, Stats., and encourages students who have had multiple traffic offenses involving chemical use to examine their chemical use habits, discuss their chemical use and their driving behavior and formulate an alternative life style which would improve their ability to safely operate a motor vehicle.

Trans 106.02(9) (9) “OWI” means operating while intoxicated.

Trans 106.02(10) (10) “OWI-related charge” means any charge involving the operation of a motor vehicle while intoxicated and not defined under s. 346.63 (1), Stats., or a local, tribal or other jurisdiction law in conformity with s. 346.63 (1), Stats. It includes a charge of causing injury while under the influence of an intoxicant or controlled substance to another person by the operation of a vehicle, a charge of refusing to submit to chemical testing, a charge of injury by intoxicated use of a vehicle or a charge of homicide by intoxicated use of a vehicle.

Trans 106.02(11) (11) “Satisfactory driving record” means a driving record that does not contain moving violations which result in more than 6 demerit points within a one year period, by date of violation, or does not indicate that the applicant was, within one year, by date of violation, causally negligent in 2 or more traffic collisions or does not contain a conviction for OWI or any OWI-related charge. Out-of-state traffic convictions and accidents shall be treated as though they occurred in Wisconsin.

Trans 106.02(12) (12) “School” means an institution providing one or more of the programs defined in sub. (4), (5), (6) or (7) and authorized under s. 345.60, Stats.

Trans 106.02(13) (13) “WTC” means Wisconsin technical college system.

Trans 106.02 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. (1), (7) and (8) to be (1m), (8) and (12), cr. (1), (7), (10), (11) and (13), r. and recr. (4) and (9), Register, March, 1996, No. 483, eff. 4-1-96; correction in (2) made under s. 13.93 (2m) (b) 7, Stats., Register, April, 2000, No. 532.

Trans 106.03 Trans 106.03 General rules for conducting traffic safety programs.

Trans 106.03(1) (1) General traffic safety, group dynamics and multiple offender traffic safety programs and their curricula shall be approved by the department.

Trans 106.03(2) (2) A general traffic safety program shall meet the following conditions:

Trans 106.03(2)(a) (a) Only one traffic safety school program may be certified in each WTC district.

Trans 106.03(2)(b) (b) Within each program, all site locations shall be approved by the department and issued a site certification number. Population density shall be considered in the approval process.

Trans 106.03(2)(c) (c) At each site, one general traffic safety program course shall be conducted each year.

Trans 106.03(2)(d) (d) Classroom instruction shall be a minimum of 12 hours. Sessions shall be held not less than once per month nor for a period of greater than 4 months, and may not exceed 6 hours per week.

Trans 106.03(2)(e) (e) Class size may not exceed 20 students. Any exceptions to this limit shall be approved by the traffic safety school program manager prior to course completion.

Trans 106.03(3) (3) A group dynamics traffic safety program shall meet the following conditions:

Trans 106.03(3)(a) (a) Only one group dynamics traffic safety school program may be certified in each WTC district unless the department determines that there is a need for additional programs in a district.

Trans 106.03(3)(b) (b) Within each program, all site locations shall be approved by the department and issued a site certification number. Population density shall be considered in the approval process.

Trans 106.03(3)(c) (c) At each site, one group dynamics traffic safety program course shall be conducted each year.

Trans 106.03(3)(d) (d) Classroom instruction shall be a minimum of 21 hours. Sessions shall be held not less than once per month nor for a period of greater than 4 months, and may not exceed 6 hours per week, and shall include an exit interview.

Trans 106.03(3)(e) (e) Class size may not exceed 15 students. Any exceptions to this limit shall be approved by the traffic safety school program manager prior to course completion.

Trans 106.03(4) (4) A multiple offender traffic safety program shall meet the following conditions:

Trans 106.03(4)(a) (a) Only one multiple offender traffic safety school program may be certified in each WTC district unless the department determines that there is a need for additional programs in a district.

Trans 106.03(4)(b) (b) Within each program, all site locations shall be approved by the department and issued a site certification number. Population density shall be considered in the approval process.

Trans 106.03(4)(c) (c) At each site, one multiple offender traffic safety program course shall be conducted each year.

Trans 106.03(4)(d) (d) Classroom instruction shall be a minimum of 30 hours. Sessions shall be held not less than once per month nor for a period of greater than 4 months and may not exceed 6 hours per week, and shall include an exit interview.

Trans 106.03(4)(e) (e) No class may have more than 12 students. Any exceptions to this limit shall be approved by the traffic safety school program manager prior to course completion.

Trans 106.03(4)(f) (f) A family member or friend who is significant in the life of the student shall be involved in the course as is designated by the department approved curriculum.

Trans 106.03(4)(g) (g) A follow-up session shall be held with the student 3 months after completion of the basic 30 hours of the course. The session shall follow the guidelines of the department approved curriculum.

Trans 106.03(5) (5) A school shall notify the department, the assessment facility, and the student of a student’s compliance or noncompliance with the requirements of the school as specified in sub. (6) and as required by ss. 343.30 (1q) (d) and 343.305 (10), Stats.

Trans 106.03(6) (6) Satisfactory completion of the course shall require all of the following:

Trans 106.03(6)(a) (a) Except as provided in subds. 3. to 5., attendance at all scheduled classes.

Trans 106.03(6)(a)1. 1. A student shall attend the first class session. If the student fails to attend the first class, the student shall either be allowed to register for another class within 10 business days or shall be placed in noncompliance.