Chapter Trans 107

Chapter Trans 107

DRIVER LICENSING OF PERSONS WITH CHEMICAL ABUSE
OR DEPENDENCY PROBLEMS

Trans 107.01   Purpose and scope.

Trans 107.02   Definitions.

Trans 107.03   Information sources.

Trans 107.04   Information to be considered in licensing actions.

Trans 107.05   Medical reports.

Trans 107.06   Assessment referral.

Trans 107.07   Reporting procedures.

Trans 107.08   Licensing action.

Trans 107.09   Departmental review.

Trans 107.10   Review boards.

Trans 107.11   Effective dates, transition provisions, and miscellaneous provisions.

Ch. Trans 107 Note Note: Chapter Trans 107 was created by emergency rule effective 5-1-82.

Trans 107.01 Trans 107.01 Purpose and scope.

Trans 107.01(1) (1) Statutory authority. As authorized by ss. 85.16 (1), 227.11, and 343.305 (11), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 110.08, 227.42, 227.51, 343.06 (1) (d), 343.16 (5), 343.25 (4) and (7), 343.30 (1q) (c), (d), (f), 343.305 (10) (c), (d), (em), and (f), 343.32 (2) (e), 343.40, 346.63 (1) and (2), 346.635, 940.09 and 940.25, Stats., relating to driver licensing of persons who have chemical abuse or chemical dependency problems.

Trans 107.01(2) (2) Applicability. This chapter applies to anyone operating a motor vehicle and to actions of the department in carrying out its driver licensing responsibilities under ch. 343, Stats.

Trans 107.01 Note Note: Forms used in administering this chapter are department of transportation forms MV 3304 course completion certificate, MV3521 student enrollment confirmation, MV 3141 driver behavior report, MV 3630 assessment of the problem drinker, MV 3631 driver safety plan final report, MV 3632 court order for intoxicated driver assessment and driver safety plan, MV 3633 driver safety plan order, MV 3634 order for assessment and driver safety plan report, MV 3635 assessment and driver safety plan status report, MV 3644 medical exam report, and MV 3649 Wisconsin assessment of the impaired driver (WAID).

Trans 107.01 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1), Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, May, 1988, No. 389, eff. 6-1-88; am. (1), Register, June, 1993, No. 450, eff. 7-1-93.

Trans 107.02 Trans 107.02 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 107.02(1) (1) “Assessment” means a voluntary or ordered examination of the person’s use of chemicals and 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 as provided by a program in another state.

Trans 107.02(2) (2) “Assessor” means a person who conducts assessments under s. 51.42 (5) (b), Stats., in a public treatment facility, as defined in s. 51.45 (2) (c), Stats., according to the standards set forth in ch. DHS 62, and instructions of the department of health services.

Trans 107.02(3) (3) “Chemical abuse” means the use of alcohol or other drugs, prescription or nonprescription, which may adversely affect driving ability. It includes both irresponsible use and borderline irresponsible use of alcohol or other drugs.

Trans 107.02(4) (4) “Chemical dependency” means dependence on alcohol, a controlled substance, other drugs, or any combination thereof that has attained such a degree that it interferes with a person’s physical or mental health or social or economic functioning.

Trans 107.02(5) (5) “Controlled substance” has the same meaning as in s. 961.01 (4), Stats.

Trans 107.02(5m) (5m) “County department” means the community services program established under s. 51.42, Stats., or its approved agency, or the county department of human services established under s. 46.23, Stats., that is responsible for each Wisconsin county’s provision of services for chemical abuse or dependency under ss. 51.42 and 51.45, Stats.

Trans 107.02(6) (6) “Driver safety plan” means:

Trans 107.02(6)(a) (a) For Wisconsin residents, an individualized plan of education or treatment, or both, based on an assessment referral which specifies a traffic safety school defined under s. 345.60, Stats., or treatment services, or a combination thereof, for alleviation of identified chemical use, abuse or dependency problems.

Trans 107.02(6)(b) (b) For nonresidents or residents temporarily residing in another state, an individualized plan under par. (a) or a program of education or treatment, or both, which satisfies the requirements of that state.

Trans 107.02(7) (7) “Interview” means a meeting as described in s. Trans 107.06 (2) between a department representative and a licensed driver or applicant for the purpose of evaluating the probability of an alcohol or other drug problem.

Trans 107.02(8) (8) “Licensing action” means any action by the department involving the denial, cancellation, revocation, suspension, disqualification, restriction, or issuance of a license under this chapter.

Trans 107.02(9) (9) “Medical condition” means any condition affecting a person’s health for which a person is receiving medical treatment, or for which medical treatment is usually prescribed.

Trans 107.02(10) (10) “OWI” or “operating while intoxicated” means any offense for which a conviction, revocation or suspension resulting therefrom may be counted under s. 343.307 (1), Stats.

Trans 107.02(11) (11) “Program in another state” means a program or facility in another state which examines persons for chemical abuse or dependency levels and recommends individualized plans or programs of education or treatment, or both, for persons who are nonresidents or residents temporarily residing in another state, which meets the program and facility requirements of that state.

Trans 107.02(12) (12) “Refusal” means refusing to submit to chemical testing upon request of a law enforcement officer, pursuant to s. 343.305 (3) (a), Stats., or a local ordinance or law of a federally recognized American Indian tribe or band in this state in conformity therewith, and no request for a court refusal hearing, or an adverse finding in an implied consent hearing.

Trans 107.02(13) (13) “Released” means that a revocation, suspension, cancellation or disqualification license action has been withdrawn because of an appeal, reopening, vacation of a conviction, or a finding that the license action, as ordered by the department or court, was in error or inappropriate.

Trans 107.02(14) (14) “Review board” or “board” means any board established by the department to provide advisory review of a licensing decision based on the special examination referred to in s. 343.16 (2) (b), Stats.

Trans 107.02(15) (15) “Review unit” means the alcohol and other drug review unit in the department’s division of motor vehicles.

Trans 107.02 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. (1), renum. (2) to (9) to be (1) to (8), cr. (9),Register, March, 1984, No. 339, eff. 4-1-84; am. (2), (7), (12) and (16), renum. (17) to be (5m) and am., Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. (1) and (2) and am., cr. (1), am. (7), eff. 4-24-87; am. (1), (7) and (12), cr. (17), Register, May, 1988, No. 389, eff. 6-1-88; am. (7) (b) and (17), Register, January, 1991, No. 421, eff. 2-1-91; am. (intro.), (1), (3), (4) and (5m), r. (6), (12) and (13), renum. (7) to (11) and (14) to (17) to be (6), (12), (7) to (9), (13) to (15) and (11) and am. (6) (a) and (b), (8) and (11) to (13), cr. (10), Register, June, 1993, No. 450, eff. 7-1-93; correction in (2) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492; corrections in (2) made under s. 13.92 (4) (b) 6. and 7., Stats., Register March 2012 No. 675.

Trans 107.03 Trans 107.03 Information sources. The department shall identify persons who have chemical abuse or dependency problems through:

Trans 107.03(1) (1) Any and all operator’s license applications,

Trans 107.03(2) (2) Medical information which the department has requested under the provisions of s. 343.06 (1) (d) or 343.16 (5), Stats.,

Trans 107.03(3) (3) Reports or information on driver condition or behavior,

Trans 107.03(4) (4) Accident reports with chemical involvement,

Trans 107.03(5) (5) Court ordered assessment reports in accordance with s. 343.30 (1q) or 343.305, Stats.,

Trans 107.03(6) (6) Assessment reports submitted in response to a department order issued pursuant to s. 343.16 (5), Stats.,

Trans 107.03(7) (7) Voluntary assessment reports submitted pursuant to s. 343.30 (1q) (c) 1m., Stats.,

Trans 107.03(8) (8) County department assessment and driver safety plan final reports,

Trans 107.03(9) (9) Assessments, driver safety plans, or reports from a program in another state, or

Trans 107.03(10) (10) Driving records with chemically involved entries.

Trans 107.03 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; renum. (1) to be (intro.), (1) (a) to (i) to be (1) to (9) and am. (4), Register, March, 1984, No. 339, eff. 4-1-84; am. (7), Register, September, 1986, No. 369, eff. 10-1-86; emerg. cr. (10), eff. 4-24-87; am. (6), cr. (10), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) made under s. 13.93 (2m) (b) 7. Stats., Register, May, 1988, No. 389; am. (2) and (10), renum. (7) and (8) to be (9) and (11) and am. (11), cr. (7) and (8), r. (9), Register, June 1993, No. 450, eff. 7-1-93; r. (4), renum. (5) to (11) to be (4) to (10), Register, September, 1996, No. 489, eff. 10-1-96.

Trans 107.04 Trans 107.04 Information to be considered in licensing actions.

Trans 107.04(1) (1) The following information shall be considered in taking administrative licensing action under s. 343.06 (1) (d), 343.16 (5) or (6), or 343.25 (7), Stats.:

Trans 107.04(1)(a) (a) Medical reports, assessment reports, driver safety plans, driver safety plan final reports, or a combination thereof, with information on:

Trans 107.04(1)(a)1. 1. Hospitalization for chemical abuse or dependency.

Trans 107.04(1)(a)2. 2. Outpatient or other treatment for chemical abuse or dependency.

Trans 107.04(1)(a)3. 3. Participation in self-help groups for chemical abuse or dependency.

Trans 107.04(1)(a)4. 4. Use of control agents, such as antabuse or methadone.

Trans 107.04(1)(a)5. 5. Physician treatment for chemical abuse or dependency.

Trans 107.04(1)(b) (b) Driving records, including reports of:

Trans 107.04(1)(b)1. 1. Accidents involving chemical use.

Trans 107.04(1)(b)2. 2. Traffic convictions involving chemical use.

Trans 107.04(1)(b)3. 3. Arrests for chemically related violations, for example, pending charges for OWI. Once the charge has been disposed of by a court, for example, convicted, dismissed, amended or withdrawn, the arrest information will no longer be considered in taking licensing action under s. Trans 107.08 (1) (b), (c), (d), (e), (f) and (hm).

Trans 107.04(1)(b)4. 4. Chemically related charges dismissed, vacated, appealed, reduced or amended to lesser charges when the department has information, such as a medical or assessment report, on file.

Trans 107.04(1)(c) (c) Review board recommendations, if any.

Trans 107.04(1)(d) (d) Information from other sources about a person’s physical and mental health, as affected by chemical use, and other medical problems which might interfere with reasonable and ordinary control over a motor vehicle.

Trans 107.04(2) (2) Some or all of the information described in sub. (1) shall be included in medical, assessment, driver safety plan, final report, or combination of, reports required under this chapter.

Trans 107.04(3) (3) Persons may be required to furnish additional medical or assessment reports, or combination of, if the department determines that the information available is not adequate to make a licensing decision.

Trans 107.04(4) (4) Persons may be referred for assessment as described in s. Trans 107.06.