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 NoteNote: 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 107.02Trans 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(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)(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.