Trans 105.06(4)(4) No more than 35 students may be placed in any class section without the department’s approval. Class sections in excess of 35 students may be allowed only when facilities and lesson plans justify such instruction. Trans 105.06(5)(5) A licensee may not solicit business within 1500 feet of any department office where official road tests are given. This section does not apply in any of the following circumstances: Trans 105.06(5)(a)(a) The department relocates or establishes a new office within 1500 feet of an existing driver school. Trans 105.06(5)(b)(b) The municipality where the department office is located has a population less than 15,000. Trans 105.06(5)(c)(c) The department conducts business at the office less than 3 times per month. Trans 105.06(5)(d)(d) The driver school petitions the department for an exception, and the department, after researching customer needs, location, population, zoning and access, grants an exception. Trans 105.06(6)(6) Licensees not authorized to teach students under 18 years of age may not advertise in a manner that states or implies that such services are provided. Trans 105.06(7)(7) Licensees may advertise only by the school name shown on its license. Trans 105.06(8)(8) Licensees shall supply the information required by s. 343.72 (11), Stats., to the attention of the department immediately upon purchase or lease of each driver training car. Trans 105.06(9)(9) Licensees may not charge fees in excess of those on file with the department. Fees may be amended at any time, provided such changes are filed with the department not later than the day they become effective. Trans 105.06(10)(10) Approved dual controls required by s. 343.72 (12), Stats., include but are not limited to a separate brake for the instructor which is located on the right side of the car so the instructor can safely operate the controls, and a separate mirror on the right, outside of the car, positioned so the instructor can view traffic to the rear. An authorized representative of the department may make random inspections to assure compliance with this subsection. Trans 105.06(11)(11) A licensee using a vehicle that is more than 3 years old or whose odometer reading is greater than 100,000 miles to conduct behind-the-wheel training shall ensure all of the following with respect to the vehicle: Trans 105.06(11)(a)(a) Be certified to meet all manufacture specifications for the vehicle type, model, and year, within 30 days of being put into service. Certification may be completed by a motor vehicle repair shop. For purposes of this paragraph, a “motor vehicle repair shop” means a natural person, corporation, partnership or other business association or entity engaged in the motor vehicle repair business, but does not include a shop that repairs motor vehicles for a single business entity or for 2 or more entities subject to common control. Trans 105.06(11)(b)(b) Submit to an annual vehicle inspection certification by an authorized service facility. The inspection shall be done before the annual anniversary date of the certification that the vehicle was put into service. If a vehicle was less than 3 years old, the inspection should be done before the vehicle is 3 years old or before the vehicle’s odometer reading is greater than 100,000 miles. The safety certification shall be on a form defined by the department and at a minimum include the name of school, vehicle make, vehicle model, vehicle identification number, and a date and signature certifying the vehicle meets or exceeds safety standards. Trans 105.06 NoteNote: Form MV3264 can be obtained by writing to the Division of Motor Vehicles, Bureau of Driver Services, P. O. Box 7920, Madison, WI 53707-7920, or by calling (608) 264-7095.
Trans 105.06(12)(12) If the department deems a vehicle of any age unsafe, the department shall order a vehicle out of service until it is repaired. If the only vehicle in the school fleet is ordered out of service, the school may not perform behind the wheel instruction until the vehicle is certified as safe. Use of a vehicle after being ordered out of service shall result in points being assessed under s. Trans 105.11. Trans 105.06(13)(13) Licensees shall give behind-the-wheel instruction only in driver training cars, except such instruction may be given to persons who now hold or previously held an operator’s license or have completed 6 clock hours of behind-the-wheel instruction given by a high school, technical college, institution of higher learning, or school licensed by the department. Trans 105.06(14)(14) The department may deny the application if it determines the school name could be duplicative, confusing or fraudulent. Any change of the school’s name, address, or ownership must be approved in advance by the department. Trans 105.06 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 12-1-79; correction in (11) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488; CR 06-089: am. (2) (intro.), (b), (e), (7) and (10), r. (2) (a), renum. (2) (f), (11) and (12) to be (2) (f) 2., (13) and (14) and am. (2) (f) 2., cr. (2) (f) 1., (3) (f), (11) and (12), r. and recr. (5) Register December 2006 No. 612, eff. 1-1-07; 2023 Wis. Act 202: am. (5) (b) Register April 2024 No. 820, eff. 5-1-24. Trans 105.07Trans 105.07 Special rules for instruction of students under 18 years of age. Trans 105.07(1)(a)(a) Except as otherwise provided by this section, a licensed driver school may not offer courses in driver education specified in s. 343.06, Stats., without first obtaining the department’s approval which shall be evidenced by an endorsement on the license certificate. The endorsement shall specify whether the licensee is authorized to provide classroom instruction or behind-the-wheel instruction, or both to persons under 18 years of age. Trans 105.07(1)(b)(b) Requests for initial approval under this section shall be accompanied by a course summary. After the course summary has been initially approved, the licensee shall submit to the department for approval any substantial proposed changes prior to their implementation. Trans 105.07(1)(b)1.1. The course summary shall specify a minimum of one main topic or more for each hour. The classroom course shall cover, but is not limited to the following: