Chapter Trans 129

Trans 129.11(1) (1) Evaluation of basic rider education courses may include any of the following:

Trans 129.11(1)(a) (a) An on-site inspection of the rider course program by personnel authorized by the department.

Trans 129.11(1)(b) (b) A review of the ratio of passing to failing students, including reasons any students did not complete the course.

Trans 129.11(1)(c) (c) Evaluation of the facilities and instruction for compliance with statutory requirements and these rules, and in a manner consistent with evaluation criteria specified by the curriculum provider.

Trans 129.11(2) (2) An evaluation may not be conducted by a person who teaches at or is employed by the site that is subject to the evaluation.

Trans 129.11(3) (3) On-site evaluation reports shall be submitted to the department within 10 days of the evaluation.

Trans 129.11 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: renum. to be (1), cr. (2) and (3) Register February 2008 No. 626, eff. 3-1-08; CR 23-043: am. (1) (a), cr. (1) (c), am. (2) Register November 2024 No. 827, eff. 12-1-24.

Trans 129.12 Trans 129.12 Hearing following cancellation, suspension, or denial of licenses.

Trans 129.12(2) (2) A school or instructor may be reauthorized after cancellation or nonrenewal when all the following conditions have been met:

Trans 129.12(2)(a) (a) Any period of cancellation as set by the department has been completed and any revoked or suspended instruction school or instructor license is reinstated.

Trans 129.12(2)(b) (b) The school or instructor submits an application for reauthorization.

Trans 129.12(2)(c) (c) The department is satisfied that the conditions which led to the cancellation have been corrected or no longer exist.

Trans 129.12(3) (3) A person adversely affected by a cancellation, suspension, or refusal to issue or renew a license issued under this chapter may request a hearing before the department to review the cancellation, suspension, or nonrenewal. A request for hearing shall be made in writing and shall be filed with the department within 30 days of the date of the notice of cancellation or suspension or notice that the person's license may not be renewed or is denied. If the department receives a request for hearing which satisfies the requirements of this subsection, the department shall conduct a prompt informal hearing within 15 days after receiving the request. If the matter is not resolved after an informal hearing is completed, the person adversely affected by the department’s licensing action may request a full evidentiary hearing before the department, pursuant to ch. 227, Stats. A request for hearing shall be in writing and shall be filed with the department within 30 days after the completion of the informal hearing. A request for an informal or a full evidentiary hearing does not stay the effect of a suspension, cancellation, denial, or nonrenewal, unless the suspension, cancellation, denial, or nonrenewal is expressly stayed in writing by the department.

Trans 129.12 Note Note: Persons affected by sub. (1) (j) are afforded due process by a pre-license revocation hearing under s. 343.69, Stats.

Trans 129.12 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (1) (j) Register February 2008 No. 626, eff. 3-1-08; CR 23-043: am. (title), r. (1), am. (3) Register November 2024 No. 827, eff. 12-1-24.

Trans 129.13 Trans 129.13 Student participation reports and course completion cards.

Trans 129.13(1) (1) A rider education provider shall report all of the following to the department within 48 hours of completion of a rider education class for each student through the department’s online driver education course information system:

Trans 129.13(1)(a) (a) The name of the rider coach who taught the course attended by the student.

Trans 129.13(1)(b) (b) Whether the student took the skills test on a 3-wheeled vehicle.

Trans 129.13(1)(c) (c) The student’s score on the course exam.

Trans 129.13(1)(d) (d) The student's operator's license number.

Trans 129.13(1)(e) (e) Whether the person qualifies for and has requested a skill test waiver.

Trans 129.13(1)(f) (f) If department computer systems are modified to permit electronic reporting of demerit point reduction qualification, whether the person qualifies for and has requested a demerit point reduction.

Trans 129.13(1)(g) (g) The date the student completed the course.

Trans 129.13(2) (2) No report shall be required for a student who fails the skills test unless department electronic reporting systems will accept reports of failed skills tests.

Trans 129.13(3) (3) A rider coach shall complete a course completion card issued by the curriculum provider and provide the card to the student upon the student's successful completion of a basic rider course or a basic course for experienced riders. If the rider took the course or skills test on a 3-wheeled vehicle, the rider coach shall indicate that fact on any course completion card provided to the student.

Trans 129.13(4) (4) Rider coaches may not issue a course completion card to, nor report eligibility for a waiver for, a person who completed a basic rider course or rider course for experienced riders in another state or at a different school than the school at which the coach provides instruction.

Trans 129.13 Note Note: Successful completion of the course includes passing skills and knowledge tests required by s. Trans 129.09 (5). Riders should obtain course completion card from the site that provided instruction and provide that form, or proof of course completion in another state, to the division of motor vehicles when the student applies for a “Class M” endorsement in Wisconsin. See s. Trans 129.07 (2) (a). Because of the different skills required for 2-wheeled motorcycles and 3-wheeled motorcycles, the department restricts a rider’s “Class M” operating privilege who take DMV tests or who take rider courses on 3-wheeled vehicles to 3-wheeled motorcycle operation.

Trans 129.13 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 04-132: r. (1) (c), r. and recr. (1) (e) Register April 2005 No. 592, eff. 5-1-05; CR 23-043: r. and recr. Register November 2024 No. 827, eff. 12-1-24.

Trans 129.14 Trans 129.14 Priorities. The department shall administer the program to support the following activities in the order of priority indicated:

Trans 129.14(1) (1) Motorcycle riding courses.

Trans 129.14(2) (2) Public awareness program.

Trans 129.14(3) (3) Safety education.

Trans 129.14(4) (4) Improved testing.

Trans 129.14 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98.

Trans 129.15 Trans 129.15 Motorcycle riding course grants.

Trans 129.15(1) (1) Application and contract. Upon application and approval, the department shall enter into grant contracts with applicants for the reimbursement of expenses incurred in conducting motorcycle riding courses.

Trans 129.15 Note Note: Application and grant contract information is available from the Department of Transportation, Bureau of Transportation Safety, Motorcycle Safety Program, 4822 Madison Yards Way, Madison, Wisconsin 53707 or via email sent to [e-mail].

Trans 129.15(2) (2) General grant policies.

Trans 129.15(2)(a) (a) The department in considering grant applications shall attempt to avoid or minimize the offering of duplicate courses by applicants in the same geographic area where demand for courses has not exceeded the student capacity of existing course providers.

Trans 129.15(2)(b) (b) In allocating funds, the department may:

Trans 129.15(2)(b)1. 1. Give priority to training instructors.

Trans 129.15(2)(b)2. 2. Attempt to encourage courses in all areas of the state.

Trans 129.15(2)(b)3. 3. Avoid a concentration of grants in any one geographic area.

Trans 129.15(2)(b)4. 4. Give priority to funding basic rider courses and basic courses for experienced riders over other courses.

Trans 129.15(2)(b)5. 5. Give priority to creating new programs over expanding existing programs.

Trans 129.15(2)(b)6. 6. Give priority to innovative or pilot programs.

Trans 129.15(2)(c) (c) The department may award a grant or provide funding under this chapter to a Wisconsin technical college district, a school district, a unit of state, county, or municipal government, or any other person or legal entity that provides motorcycle education courses that does all of the following:

Trans 129.15(2)(c)1. 1. Meets the requirements of s. Trans 129.09.

Trans 129.15(2)(c)2. 2. Has facilities available to them, such as a standard range or a range that may be modified to acceptable standards and an adequately equipped classroom.

Trans 129.15(2)(c)3. 3. Has adequate motorcycles appropriately equipped for training purposes available.

Trans 129.15(2)(c)4. 4. Has enough authorized rider coaches available to teach proposed classes.

Trans 129.15(2)(c)5. 5. Has adequate financial resources to initiate a program and meet program expenses, except for government institutions.

Trans 129.15(3) (3) Course requirements. To be eligible for reimbursement, an applicant shall provide rider courses that meet all of the following minimum requirements:

Trans 129.15(3)(a) (a) The course is open to the general public.

Trans 129.15(3)(b) (b) The course meets the curriculum requirements of this chapter.

Trans 129.15(3)(c) (c) The applicant has authority to use the course site by agreement, lease or ownership.

Trans 129.15(3)(d) (d) The rider coach has been authorized to provide rider training by the department under s. Trans 129.09.

Trans 129.15(3)(e) (e) The applicant has adequate audio-visual equipment available to teach the course.

Trans 129.15(3)(f) (f) The range is properly laid out and painted.

Trans 129.15(3)(g) (g) All participants wear full or three-quarter helmets during range portions of the course.

Trans 129.15(4) (4) Reimbursement.

Trans 129.15(4)(a) (a) Reimbursement under this section may not exceed either of the following:

Trans 129.15(4)(a)1. 1. 70% of the actual course cost.

Trans 129.15(4)(a)2. 2. An amount equal to actual course cost less the amount students are required to pay.

Trans 129.15(4)(b) (b) For purposes of this subsection, “actual course cost” means allowable costs under 2 CFR part 200.

Trans 129.15 Note Note: The intent of this section is that courses be funded 70% by government monies and 30% by student fees to encourage student commitment. Compliance with 2 CFR part 200 is required as part of using federal grants or monies to fund this program. 2 CFR part 200 is available online at https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200.

Trans 129.15(5) (5) Audits. The grant recipient shall be required to keep accurate records of the use of grant money, curricula, names of rider coaches and students, attendance, and the names of students who successfully complete a course for 5 years. The department may periodically audit these records.

Trans 129.15(6) (6) Reporting requirement. To be eligible for funding under a grant, the grant recipient shall file the report required under s. Trans 129.08 (2) (d) within 30 days of course completion.

Trans 129.15(7) (7) Rider coaches.

Trans 129.15(7)(a) (a) If necessary to ensure the existence of a sufficient number of trained rider coaches, the department may contract with qualified rider coach trainers to provide rider coach training. Rider coach trainers must be certified by the curriculum provider and must undergo all training and evaluations required to maintain that certification. Rider coach trainers shall be subject to the requirements of s. Trans 129.10 (2) and (3) and hold a rider coach license.

Trans 129.15(7)(b) (b) If there is a need for rider coaches, the department may reimburse the training costs of approved persons. Reimbursement may cover all or part of tuition, course material, meals, lodging, and any pre-approved additional expenses. The department may reimburse costs to a new rider coach upon successful completion of the training, and after the newly trained rider coach has taught 2 entire rider education courses.

Trans 129.15(8) (8) Nondiscrimination. To be eligible for funding under a grant, the grant recipient shall not discriminate against any persons on the basis of race, color, national origin, sex, age, disability, low income, or limited English proficiency.

Trans 129.15 Note Note: Because the department is a recipient of federal monies, all of its programs, including the motorcycle safety program, are subject to the requirements of Title VI of the Civil Rights Act of 1964. See 49 CFR part 21.

Trans 129.15 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (2) (c) (intro.) Register February 2008 No. 626, eff. 3-1-08; CR 23-043: am. (2) (b) 4., (c) 1., 4., r. (2) (c) 6., am. (3) (d), cr. (3) (g), am. (4) (b), (5) to (7), cr. (8) Register November 2024 No. 827, eff. 12-1-24.

Trans 129.16 Trans 129.16 Public awareness programs. The department shall aid other organizations in the promotion of motorcycle safety by furnishing them with educational and informational materials for display and distribution. The department may contract with licensed rider coaches to provide services and programs related to public awareness of motorcycle safety.

Trans 129.16 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 23-043: am. Register November 2024 No. 827, eff. 12-1-24.

Trans 129.17 Trans 129.17 Safety education. The department may conduct public workshops, rallies, and programs to cover motorcycle, moped, and motor bicycle safety-related topics such as alcohol and drug abuse, the use of proper personal protective gear, proper licensing, and improved driving techniques.

Trans 129.17 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 23-043: am. Register November 2024 No. 827, eff. 12-1-24.

Trans 129.18 Trans 129.18 Improved testing. The department may allocate funds to improve the testing of applicants for motorcycle, moped, and motor bicycle endorsements or licenses. The amount allocated may be made available to the division of motor vehicles to use for training or the purchasing of equipment.

Trans 129.18 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 23-043: am. Register November 2024 No. 827, eff. 12-1-24.

Trans 129.20 Trans 129.20 Fitness for rider education provider or rider coach license.

Trans 129.20(1) (1) For the purpose of determining the fitness of a person to hold a rider education provider or rider coach license, the department shall consider all relevant arrests and convictions and make such further examinations and checks as it determines are necessary.

Trans 129.20(2) (2) Subject to ss. 111.321, 111.322, and 111.335, Stats., the department may not issue or renew a rider education provider or rider coach license to any person who, during the person's lifetime, was convicted of any of the following state laws; any local ordinance in conformity with any of the following state laws; or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

Trans 129.20(3) (3) Subject to ss. 111.321, 111.322, and 111.335, Stats., the department may not issue or renew a rider education provider or rider coach license to any person who, within the past 10 years immediately preceding the date of application, was convicted of any of the following state laws; any local ordinance in conformity with any of the following state laws; or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

Trans 129.20(4) (4) Subject to ss. 111.321, 111.322, and 111.335, Stats., the department may not issue or renew a rider education provider or rider coach license to any person who, within the past 5 years immediately preceding the date of application, was convicted of any of the following state laws; any local ordinance in conformity with any of the following state laws; or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

Trans 129.20(5) (5) Subject to ss. 111.321, 111.322, and 111.335, Stats., the department may not issue or renew a rider education provider or rider coach license to any person who, within the past 2 years immediately preceding the date of application, was convicted of any of the following state laws; any local ordinance in conformity with any of the following state laws; or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

Trans 129.20(6) (6) Notwithstanding any conviction of a listed law or ordinance in this section, if the person convicted presents evidence satisfactory to the department that the conviction was for a misdemeanor, the department may reduce the period of disqualification.

Trans 129.20 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: r. and recr. Register February 2008 No. 626, eff. 3-1-08; CR 23-043: am. (title), (1), (2) (intro.), (3) (intro.), (4) (intro.), (5) (intro.), Register November 2024 No. 827, eff. 12-1-24; correction in (2) (intro.), (3) (intro.), (4) (intro.), (5) (intro.) made under s. 35.17, Stats., Register November 2024 No. 827.