Chapter Trans 129

Chapter Trans 129

MOTORCYCLE LICENSING AND COURSES

Trans 129.01   Purpose and scope.

Trans 129.02   Definitions.

Trans 129.03   Student requirements for skills test waiver.

Trans 129.04   Rider course exemptions.

Trans 129.05   Motorcycle instruction permits.

Trans 129.06   Counting instruction permits and skills tests.

Trans 129.07   Motorcycle rider courses approved by another jurisdiction, U.S. governmental agency or military branch.

Trans 129.08   Rider education provider license.

Trans 129.09   Course requirements.

Trans 129.10   Requirements for rider coaches.

Trans 129.11   Course evaluation.

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

Trans 129.13   Student participation reports and course completion cards.

Trans 129.14   Priorities.

Trans 129.15   Motorcycle riding course grants.

Trans 129.16   Public awareness programs.

Trans 129.17   Safety education.

Trans 129.18   Improved testing.

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

Trans 129.21   Insurance and bond requirements.

Trans 129.22   Cooperative rider education testing program.

Trans 129.23   Reporting convictions and activities inconsistent with rider coaching.

Ch. Trans 129 Note Note: Chapter Trans 129 is repealed and a new ch. Trans 129 is created, Register, January, 1998, No. 505, effective February 1, 1998.

Trans 129.01 Trans 129.01 Purpose and scope. The purpose of this chapter, as authorized by ss. 85.16 (1), 85.30, 227.11, 343.06 (1) (c), 343.07 (4) (b), 343.16 (1) (a), and 343.32 (4), Stats., is as follows:

Trans 129.01(1) (1) To establish the department’s administrative interpretation of s. 343.16 (2) (cm), Stats., relating to the waiver of the motorcycle skills test.

Trans 129.01(2) (2) To set standards for and to establish the department's administrative interpretation of statutes related to rider education providers and rider coaches.

Trans 129.01(3) (3) To establish the department’s administrative interpretation of ss. 343.06 (1) (c), 343.07 (4) (b) and 343.16 (1) (a), Stats., relating to required attendance of motorcycle rider courses and motorcycle instruction permit issuance.

Trans 129.01(4) (4) To implement the motorcycle, moped, and motor bicycle safety program under s. 85.30, Stats.

Trans 129.01(5) (5) To set standards for rider courses that qualify for demerit point reduction under s. 343.32 (4), Stats., and s. Trans 101.07 (1) (d).

Trans 129.01 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (intro.) and (2) Register February 2008 No. 626, eff. 3-1-08; CR 23-043: am. (intro.), (2), (4), cr. (5) Register November 2024 No. 827, eff. 12-1-24.

Trans 129.02 Trans 129.02 Definitions.

Trans 129.02(1) (1) 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.

Trans 129.02(2) (2) In this chapter:

Trans 129.02(2)(a) (a) “Basic course for experienced riders” means a basic rider course in motorcycle safety that is intended for students with previous experience riding motorcycles, is provided by a rider education provider, meets the requirements of s. Trans 129.09 (2), and has been approved by the department.

Trans 129.02 Note Note: The current curriculum provider in this state, the Motorcycle Safety Foundation, refers to this course as the “BRC2.” The course teaches most of the elements of the basic rider course but does not include instruction on elements that experienced riders will already know, such as clutch manipulation. All the same safety-related instruction is offered in this class as in the basic rider course. Both range and classroom training are part of this course.

Trans 129.02(2)(b) (b) “Basic rider course” means a beginning course in motorcycle safety provided by a rider education provider that meets the requirements of s. Trans 129.09 (1) and has been approved by the department.

Trans 129.02(2)(c) (c) “Curriculum provider” means an organization that has established rider education standards and provides motorcycle safety instruction that qualifies a person for a motorcycle skills test waiver under s. Trans 129.03, or an organization that has established rider education standards and provides comparable motorcycle safety instruction in another jurisdiction that qualifies a person for a motorcycle skills test waiver under s. Trans 129.07.

Trans 129.02 Note Note: The Motorcycle Safety Foundation, an organization that has established rider education standards and provides rider education classes in this state, currently qualifies as a curriculum provider.

Trans 129.02(2)(d) (d) “Driver record” means the abstract of convictions and other information related to a driver maintained by the department in its computer database.

Trans 129.02(2)(e) (e) “Person” has the meaning set forth in s. 990.01 (26), Stats., and includes schools and technical colleges.

Trans 129.02(2)(f) (f) “Rider coach” means a person who provides motorcycle classroom or range training, or both.

Trans 129.02(2)(g) (g) “Rider coach license” means a license issued under this chapter that authorizes an individual to conduct classes leading to a motorcycle skills test waiver or demerit point reduction.

Trans 129.02(2)(h) (h) “Rider education provider” means a school that provides training on the operation of motorcycles.

Trans 129.02(2)(i) (i) “Rider education standards” means the standards described in the Motorcycle Safety Foundation’s Rider Education and Training System Standards (2010), or standards that are substantially similar as determined by the department.

Trans 129.02 Note Note: The standards described in the Motorcycle Safety Foundation’s Rider Education and Training System Standards (2010) are incorporated by reference into this chapter with the approval of the Wisconsin attorney general on February 19, 2024, as required by s. 227.21 (2), Stats. All approved material is available for inspection on the Motorcycle Safety Foundation's website at https://msf-usa.org/documents/research/msf-standards/. It is also available for inspection at the Wisconsin Legislative Reference Bureau.

Trans 129.02(2)(j) (j) “Skills test” means an examination of a person's ability to exercise ordinary and reasonable control in the operation of a motorcycle.

Trans 129.02 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (1) and (2) (d) Register February 2008 No. 626, eff. 3-1-08; CR 23-043: r. and recr. (2) Register November 2024 No. 827, eff. 12-1-24.

Trans 129.03 Trans 129.03 Student requirements for skills test waiver.

Trans 129.03(1) (1) As a requirement for a waiver of skills test under s. 343.16 (2) (cm), Stats., a person shall meet all of the following requirements:

Trans 129.03(1)(a) (a) Pass a “Class M” knowledge test.

Trans 129.03(1)(b) (b) Provide proof of completion of a basic rider course or basic course for experienced riders within one year of the date of the application. A motorcycle skills test waiver shall be valid for one year from the date of rider course completion. If the proof of completion or electronic notice of waiver eligibility indicates that the skills test for the course was completed on a 3-wheeled motorcycle, the person’s Class “M” privilege shall be restricted to operation of 3-wheeled motorcycles. The 3-wheeled restriction may be removed by completion of a skills test on a 2-wheeled motorcycle conducted by the department or a licensed rider education provider.

Trans 129.03(2) (2) If a person takes and fails a motorcycle skills test conducted by a rider education provider at the conclusion of a basic rider course or basic course for experienced riders, the person is not eligible for the motorcycle skills test waiver, unless the person receives additional rider training from a rider education provider, as directed by the rider education provider’s curriculum provider, and retakes and successfully completes a motorcycle skills test at the conclusion of the additional training.

Trans 129.03 Note Note: A driver who has demonstrated incompetence despite having attended a basic rider course will not be licensed. This provision is adopted to avoid issuing a license to a known incompetent driver and then requiring an examination for cause under s. 343.16 (6), Stats.

Trans 129.03 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (1) (b) Register February 2008 No. 626, eff. 3-1-08; CR 23-043: r. and recr. (1) (a), (b), am. (2) Register November 2024 No. 827, eff. 12-1-24.

Trans 129.04 Trans 129.04 Rider course exemptions. A person is exempt from the requirement to successfully complete a basic rider course under s. 343.06 (1) (c), 343.07 (4) (b), or 343.16 (1) (a) 3., Stats., if any of the following apply:

Trans 129.04(1) (1) The person holds an operator's license, other than an instruction permit, that is valid or that is not expired by more than 4 years from another jurisdiction that authorizes the operation of a motorcycle.

Trans 129.04(2) (2) The person does not reside within 50 highway miles, by the most direct route, of a basic rider course site.

Trans 129.04(3) (3) The person is an applicant for a restricted license under s. 343.08, Stats., or for a special restricted license under s. 343.135, Stats.

Trans 129.04 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 23-043: r. and recr. Register November 2024 No. 827, eff. 12-1-24; correction in (intro.) made under s. 35.17, Stats., Register November 2024 No. 827.

Trans 129.05 Trans 129.05 Motorcycle instruction permits. The department may issue an instruction permit authorizing the operation of motorcycles to a person who is required to complete a basic rider course by s. 343.06 (1) (c), 343.07 (4) (b), or 343.16 (1) (a), Stats., if the person meets all of the following criteria:

Trans 129.05(1) (1) The person has passed all examinations required under s. Trans 104.03 for issuance of a class “M” permit under s. 343.07, Stats.

Trans 129.05(2) (2) The person is enrolled in a basic rider course or basic course for experienced riders or is exempt from the requirement of attending a basic rider course under s. Trans 129.04.

Trans 129.05 Note Note: Section Trans 104.03 details the knowledge exam requirements for driver licenses.

Trans 129.05 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 23-043: am. (intro.), (2) Register November 2024 No. 827, eff. 12-1-24.

Trans 129.06 Trans 129.06 Counting instruction permits and skills tests.

Trans 129.06(1) (1) Instruction permits. The department shall determine whether a person is eligible for issuance of an instruction permit under s. 343.07 (4) (b), Stats., based upon the latest 5 years of the person’s driver record.

Trans 129.06(2) (2) Skills tests. The department shall determine whether a person is ineligible for a skills tests because of repeated motorcycle skills test failures based upon the latest 5 years of the person’s driver record.

Trans 129.06 History History: Cr. Register, January, 1998, No. 505, eff. 2-1-98.

Trans 129.07 Trans 129.07 Motorcycle rider courses approved by another jurisdiction, U.S. governmental agency or military branch.

Trans 129.07(1) (1) Successful completion of a motorcycle rider course approved by another jurisdiction, a U.S. governmental agency, or a branch of the military that meets the minimum requirements of s. Trans 129.09 (1) (a) and (d) may be approved by the department for the purpose of waiving skills tests or course attendance requirements under ss. 343.06 (1) (c), 343.07 (4) (b), 343.16 (1) (a), or 343.16 (2) (cm), Stats.

Trans 129.07(2) (2) To qualify for a waiver under sub. (1), a person shall meet all of the following:

Trans 129.07(2)(a) (a) The person shall present documentation satisfactory to the department that the person successfully completed a qualified motorcycle rider course offered by another jurisdiction, a U.S. government agency, or a military branch unless the training facility electronically reported completion to the department in the manner required by the department.

Trans 129.07(2)(b) (b) The person shall provide evidence that the course met the requirements of s. Trans 129.09 (1) (a) and (d).

Trans 129.07(2)(c) (c) The person may not have failed a motorcycle skills test subsequent to completion of the course.

Trans 129.07(3) (3) The department must determine that out-of-state training is substantially similar to training offered in this state in order to be considered a qualified motorcycle rider course under sub. (2) (a).