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Trans 129.12Hearing following cancellation, suspension, or denial of licenses.
(2)A school or instructor may be reauthorized after cancellation or nonrenewal when all the following conditions have been met:
(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.
(b) The school or instructor submits an application for reauthorization.
(c) The department is satisfied that the conditions which led to the cancellation have been corrected or no longer exist.
(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.
Note: Persons affected by sub. (1) (j) are afforded due process by a pre-license revocation hearing under s. 343.69, Stats.
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 129.13Student participation reports and course completion cards.
(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:
(a) The name of the rider coach who taught the course attended by the student.
(b) Whether the student took the skills test on a 3-wheeled vehicle.
(c) The student’s score on the course exam.
(d) The student's operator's license number.
(e) Whether the person qualifies for and has requested a skill test waiver.
(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.
(g) The date the student completed the course.
(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.
(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.
(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.
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.
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 129.14Priorities. The department shall administer the program to support the following activities in the order of priority indicated:
(1)Motorcycle riding courses.
(2)Public awareness program.
(3)Safety education.
(4)Improved testing.
History: Cr. Register, January, 1998, No. 505, eff. 2-1-98.
Trans 129.15Motorcycle riding course grants.
(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.
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 wmsp@dot.wi.gov.
(2)General grant policies.
(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.
(b) In allocating funds, the department may:
1. Give priority to training instructors.
2. Attempt to encourage courses in all areas of the state.
3. Avoid a concentration of grants in any one geographic area.
4. Give priority to funding basic rider courses and basic courses for experienced riders over other courses.
5. Give priority to creating new programs over expanding existing programs.
6. Give priority to innovative or pilot programs.
(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:
1. Meets the requirements of s. Trans 129.09.
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.
3. Has adequate motorcycles appropriately equipped for training purposes available.
4. Has enough authorized rider coaches available to teach proposed classes.
5. Has adequate financial resources to initiate a program and meet program expenses, except for government institutions.
(3)Course requirements. To be eligible for reimbursement, an applicant shall provide rider courses that meet all of the following minimum requirements:
(a) The course is open to the general public.
(b) The course meets the curriculum requirements of this chapter.
(c) The applicant has authority to use the course site by agreement, lease or ownership.
(d) The rider coach has been authorized to provide rider training by the department under s. Trans 129.09.
(e) The applicant has adequate audio-visual equipment available to teach the course.
(f) The range is properly laid out and painted.
(g) All participants wear full or three-quarter helmets during range portions of the course.
(4)Reimbursement.
(a) Reimbursement under this section may not exceed either of the following:
1. 70% of the actual course cost.
2. An amount equal to actual course cost less the amount students are required to pay.
(b) For purposes of this subsection, “actual course cost” means allowable costs under 2 CFR part 200.
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.
(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.
(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.
(7)Rider coaches.
(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.
(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.
(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.
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.
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 129.16Public 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.
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 129.17Safety 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.
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 129.18Improved 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.
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 129.20Fitness for rider education provider or rider coach license.
(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.
(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:
(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:
(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:
(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:
(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.
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.
Trans 129.21Insurance and bond requirements.
(1)A rider education provider shall do all of the following:
(a) Hold minimum insurance of not less than $500,000 because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than $500,000 because of bodily injury to or death of 2 or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $50,000 because of injury to or destruction of property of others in any one accident.
(c) Maintain a standard liability insurance of not less than $500,000.
(d) File certification of insurance with the department with the application for license.
(e) Require the insurance carrier to notify the department not less than 30 days before the policy expires or is materially changed or canceled.
(2)The rider education provider shall obtain a surety bond or provide an acceptable alternative based on size in accordance with the following table:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.