Ch. Trans 106 NoteNote: Chapter MVD 23 as it existed on December 31, 1991 was repealed and a new chapter Trans 106 was created effective January 1, 1992.

Trans 106.01(1)(1) As authorized by ss. 85.16 (1), 227.11, and 345.60, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 343.30 (1q) (d), 343.305 (10) and 345.60, Stats., relating to the certification of traffic safety schools, curriculum and instructors.

Trans 106.01(2)(2) This chapter applies to any organization applying for traffic safety school certification and to any person applying for instructor certification. The provisions of this chapter shall apply to new instructors and new schools applying for certification after January 1, 1992 and to presently certified instructors applying for recertification.

Trans 106.01 NoteNote: Forms used in this chapter include MVD 3301—Instructor Report, MV 3302—Quarterly Report, MV 3304—Course Completion Certificate, MV 3306—Instructor Application for Certification and MV 3521—Student Enrollment Confirmation. Forms are available from the Wisconsin Department of Transportation, Maps and Publications Sales, 3617 Pierstorff Street, P.O. Box 7713, Madison, WI 53707-7713.

Trans 106.01 HistoryHistory: Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. Register, March, 1996, No. 483, eff. 4-1-96.

Trans 106.02Trans 106.02 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 106.02(1)(1) “AODA” means alcohol and other drug abuse.

Trans 106.02(1m)(1m) “Assessment” means an examination of a person’s use of alcohol or other drugs, or both, and the 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 by a comparable treatment facility lawfully established in another state.

Trans 106.02(2)(2) “Assessment facility or agency” means an alcohol and drug abuse approved public treatment facility, as defined in s. 51.45 (2) (c), Stats., which is also approved for one or more programs under ss. HFS 61.54 to 61.57 and 61.59 to 61.68 and is designated by a board to conduct assessments, or by a comparable treatment facility lawfully established in another state.

Trans 106.02 NoteNote: Sections HFS 61.50 to 61.68 were repealed eff. 8-1-00 and replaced by Ch. HFS 75 (currently ch. DHS 75).

Trans 106.02(3)(3) “Board” means the county department under s. 51.42, Stats., which is responsible for each county’s provision of alcohol and drug abuse services under ss. 51.42 and 51.45, Stats.

Trans 106.02(4)(4) “Designated traffic safety school coordinator” means an individual appointed by the Wisconsin technical college district or assessment agency, for the Sauk and Dodge county programs, to oversee the traffic safety school program.

Trans 106.02(5)(5) “General traffic safety program” means a course that is approved by the department under s. 345.60, Stats., and that encourages students to examine and change their driving habits, attitudes and life styles to improve their ability to operate a motor vehicle safely.

Trans 106.02(6)(6) “Group dynamics traffic safety program” means a course that is approved by the department under s. 345.60, Stats., and that encourages students to examine their chemical use habits, discuss their chemical use and their driving behavior and formulate an alternative life style which would improve their ability to safely operate a motor vehicle.

Trans 106.02(7)(7) “Moving violation” means a violation as defined in s. 343.01 (2) (cg), Stats.

Trans 106.02(8)(8) “Multiple offender traffic safety program” means a course that is approved by the department under s. 345.60, Stats., and encourages students who have had multiple traffic offenses involving chemical use to examine their chemical use habits, discuss their chemical use and their driving behavior and formulate an alternative life style which would improve their ability to safely operate a motor vehicle.

Trans 106.02(9)(9) “OWI” means operating while intoxicated.

Trans 106.02(10)(10) “OWI-related charge” means any charge involving the operation of a motor vehicle while intoxicated and not defined under s. 346.63 (1), Stats., or a local, tribal or other jurisdiction law in conformity with s. 346.63 (1), Stats. It includes a charge of causing injury while under the influence of an intoxicant or controlled substance to another person by the operation of a vehicle, a charge of refusing to submit to chemical testing, a charge of injury by intoxicated use of a vehicle or a charge of homicide by intoxicated use of a vehicle.

Trans 106.02(11)(11) “Satisfactory driving record” means a driving record that does not contain moving violations which result in more than 6 demerit points within a one year period, by date of violation, or does not indicate that the applicant was, within one year, by date of violation, causally negligent in 2 or more traffic collisions or does not contain a conviction for OWI or any OWI-related charge. Out-of-state traffic convictions and accidents shall be treated as though they occurred in Wisconsin.

Trans 106.02(12)(12) “School” means an institution providing one or more of the programs defined in sub. (4), (5), (6) or (7) and authorized under s. 345.60, Stats.