Wis. Admin. Code Trans — Department of Transportation

Chapter Trans 1 SPECIALIZED TRANSPORTATION ASSISTANCE PROGRAM FOR COUNTIES

Wis. Admin. Code § Trans 1.01 Purpose and scope {#sec-trans-1.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 1.01}

The purposes of this chapter are to establish the department of transportation’s administrative interpretation of s. 85.21, Stats., and to prescribe administrative policies and procedures for implementing the specialized transportation assistance program for counties authorized under s. 85.21, Stats.

History

Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, July, 1982, No. 319, eff. 8-1-82.

Wis. Admin. Code § Trans 1.015 Definitions {#sec-trans-1.015 omnilex-key=us-wi-regs-official--agency-trans--Trans 1.015}

(1) “Allocated aid” means a county’s proportionate share of state financial aid as defined in s. 85.21 (2) (b), Stats.

(2) “Department” means the state department of transportation.

(3) “Medical activities” means the procurement of medical or medically prescribed services or products or participation in medical or medically prescribed activities.

(4) “Nutritional activities” means the consumption, purchase or receipt of food.

(4m) “Priority trips” means trips for seniors or individuals with disabilities to medical, nutritional and work-related activities as required in s. 85.21 (4) (a), Stats.

(5) “Space available” means passenger carrying capacity which is in excess of the capacity necessary to meet the transportation needs of seniors and individuals with disabilities.

(6) “Work-related activities” means the performance of work, voluntarily or for compensation, in order to produce goods or services.

History

Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1), Register, May, 1986, No. 365, eff. 6-1-86; am. (5), Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: am (1), cr. (4m) Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. (4m), (5) Register July 2023 No. 811, eff. 8-1-23.

(1) In accordance with the statutory direction in s. 85.21 (2) (b), Stats., the department shall determine the amount of each county’s proportionate share of aid appropriated in each year for the operation of this program. The amount of aid available for allocation in any calendar year shall be the amount appropriated for the fiscal year in which that calendar year begins.

(2)

(a) The department shall base its determination of county proportionate shares on the most recent relevant census and statistical data and projections from the U.S. department of commerce, bureau of the census and the Wisconsin department of administration.

(b) For the purposes of determining a county’s proportionate share, the department shall include all seniors and individuals with disabilities who reside within that county.

(3) Subject to adjustments that ensure that each county receives not less than 0.5% of the total annual appropriation for the program, the amount of aids allocated to each county shall equal the total amount available for allocation for the calendar year multiplied by the ratio of the number of seniors and individuals with disabilities in the county to the total number of seniors and individuals with disabilities in Wisconsin.

Note: The final aids allocation figures for each county and the data and statistics used in making the aid allocations are available for inspection at the department upon request.

History

Cr. Register, January, 1978, No. 265, eff. 2-1-78; emerg. am. (3), eff. 8-17-79; am. (3), Register, December, 1979, No. 288, eff. 1-1-80; am. (3), Register, July, 1981, No. 307, eff. 8-1-81; am. (1), Register, July, 1982, No. 319, eff. 8-1-82; am. (1), Register, May, 1986, No. 365, eff. 6-1-86; am. (2) (b), (c) and (3), Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: am (1), (2) (b) and (3) Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. (2) (b), (c), (3) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 1.03 Use of allocated aid {#sec-trans-1.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 1.03}

(1) A county shall use its allocated aid to provide or assist transportation services designed for use by seniors or persons with disabilities. A county may, at its discretion, make these services also available to any other person on a space available basis.

(2) Subject to the limitations specified in subs. (1) and (3), a county may use its allocated aid and matching contribution required under s. Trans 1.05 (1) to:

(a) Directly provide transportation service;

(b) Purchase transportation service from any public or private organization;

(d) Reimburse seniors or individuals with disabilities for use of their personal means of transportation, when prior approval of such transportation has been given by the county based on qualification standards which the county establishes;

(e) Perform or purchase planning or management studies on transportation;

(f) Coordinate transportation services;

(g) Perform or purchase in-service training relating to transportation service; or

(h) Purchase capital equipment for transportation service.

(3) A county may not use its allocated aid and matching contribution to:

(a) Transport goods or freight except as an incidental part of passenger carrying service; or

(b) Pay expenses for general administration, not specifically related to approved transportation projects, or pay expenses of advisory committees to transportation projects, except where such committees are required by approved planning or management studies.

(4) Allocated aid shall be used by a county to pay only for eligible expenses. Any aid which is not expended or held in trust shall be refunded to the department by June 30 following the end of the calendar year in which the aid was allocated.

History

Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, November, 1978, No. 275, eff. 12-1-78; emerg. cr. (1) (d), eff. 8-17-79; cr. (1) (d), Register, December, 1979, No. 288, eff. 1-1-80; r. and recr. Register, July, 1982, No. 319, eff. 8-1-82; am. (2) (g) and (h), r. (2) (i), cr. (4), Register, January, 1984, No. 337, eff. 2-1-84; am. (1), (2) (c) and (d), Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: am (3) (intro.), (b) and (4) Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. (1), (2) (c), (d) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 1.035 Service priorities {#sec-trans-1.035 omnilex-key=us-wi-regs-official--agency-trans--Trans 1.035}

(1)

(a) Counties may establish the transportation of seniors and individuals with disabilities to medical, nutritional and work-related activities as the priority for the specialized transportation services receiving program aid, as allowed under s. 85.21 (4) (a), Stats. A county may limit the use of its allocated aid to subsidize only those trips which are made for one or more of the purposes specified under s. 85.21 (4) (a), Stats.

(b) If other than priority trips are to be subsidized with the allocated aid and the amount of trip requests exceed the capacity of subsidized services, then a county may establish service priority according to trip purposes. Priority trips shall have the highest priority in whatever order the county determines.

(c) A county need not employ techniques to impose service prioritization according to trip purpose if the transportation projects receiving allocated aid have enough capacity to satisfy all of the demand placed on them.

(3) A county may not discriminate on the basis of age against passengers requesting priority trips. This requirement may be met by each individual project receiving allocated aid or by the combined services of 2 or more projects receiving allocated aid.

History

Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1), (2) (intro.) and (b), Register, June, 1988, No. 390, eff. 7-1-88; am. (1), Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: renum. (1), (2) (b) (intro.) and (c) to be (1) (a), (b) and (c) and am., r. (2) (intro.), (a), and (b) 1. to 5., am. (3) Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. (1) (a) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 1.04 Accessibility {#sec-trans-1.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 1.04}

A county application for aids shall address the issue of the need for transportation services that are accessible to the population of individuals with developmental and physical disabilities of that county. A county shall describe its efforts to make accessible transportation available to all seniors and individuals with disabilities or prove that accessible transportation services are currently available.

History

Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, November, 1978, No. 275, eff. 12-1-78; am. Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: am Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 1.05 Financial standards {#sec-trans-1.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 1.05}

(1) A county applying for its allocated aid shall make a matching cash contribution equal to 20% of the aid for which it applies. No in-kind services, no federal or state categorical financial aids and no passenger revenue shall be allowed as part of the matching contribution. The matching contribution shall be an auditable item in the county’s system of accounts. The matching contribution shall be expended in an amount equal to 20% multiplied by the sum of the county’s annual aid.

(2) A county may retain and hold in trust all or part of the allocated aid which it receives in 1983 and subsequent years for the purchase or maintenance of transportation equipment according to the following rules:

(a) The county board of supervisors shall by resolution authorize the establishment of an account in which aids retained in trust shall be deposited and accounted for separately from current aids and receipts from other sources. A county may not delegate its authority to hold unexpended aids in trust to any other organization or person. A copy of the resolution shall be provided to the department.

(b) All of the assets in a county’s trust fund shall be expended; a county may not establish a permanent minimum balance. The balance of aid held in trust shall be consistent with the plan established under par. (f), but may not exceed an average daily balance on a quarterly basis of $80,000. Any balance exceeding this allowance shall be refunded to the department 30 days after the end of the quarter.

(c) A county need not physically segregate the cash in its trust fund from other county funds and may pool aids held in trust with other county funds for investment in such manner as the county is authorized to invest its funds. Any interest earned by aid held in trust shall be added at least annually to the trust fund. Interest shall be determined from the average annual rate of return for all funds with which the aid is invested and the average monthly balance of aid held in trust during the year.

(d) Counties shall maintain records showing the dates and amounts of deposits to the trust fund; the dates, amounts and purposes of expenditures from the fund; and interest earned by the fund.

(e) Aid may be held in trust only for the purpose of acquiring or maintaining transportation equipment used in services covered by this chapter.

(f) Expenditures of aid from a county’s trust fund shall be made according to a plan approved by the department. A county’s plan for the use of its trust fund shall indicate for what purpose the fund is being accumulated. A plan may be amended with the department’s approval at any time.

(3) All revenue received from passengers for transportation service shall be applied to approved senior and disabled transportation projects. Counties may solicit revenue from passengers for non-transportation purposes if the solicitation indicates the intended use of the revenue.

(4) Copayment policies, as provided under s. 85.21 (4) (c), Stats., shall conform to the following:

(a) If it requires copayments by users, a county shall establish the copayment amount based on a specific schedule of user fees that shall be made known to users.

(b) Counties shall establish the method by which the copayment is collected from the user.

(c) Fixed or variable rates of copayment may be permitted. Rate variation may be based on, among others, trip length, time required for a trip, trip purpose, ability to pay or the cost of individual versus group travel.

(d) Non-cash forms of exchange such as tickets, coupons, vouchers, passes, or billing accounts are permitted. A non-cash form of exchange shall represent an obligation to pay or to complete the payment of a copayment, unless the requirements for copayment have been waived.

(e) When allocated aid subsidizes a user’s fee, the allocated aid may not pay the entire user’s fee charged the user, unless the user’s fee has been waived or unless the county provides the user with an opportunity to make voluntary contributions in accordance with sub. (5).

(5) Voluntary contribution policies as provided under s. 85.21 (4) (c), Stats., shall conform to the following:

(a) A voluntary contribution policy making user contributions optional and allowing each user to establish the amount of the voluntary contribution shall be permitted.

(b) If a county provides users an opportunity to make a voluntary contribution, the county shall:

Recommend a contribution amount;
Appropriately notify all users of the recommended contribution amount; and
Establish a method for collecting voluntary contributions from users.

(6) A county may establish a combination of copayment and voluntary contribution policies under this chapter that are applicable either among its different transportation systems or within one transportation system.

Note: A county shall use appropriate methods to notify all users about the user fees established under sub. (4) (a) and to notify all users about the recommended contribution established under sub. (5) (b) 1. Appropriate notice methods may be posting written notices within vehicles, printing notices upon collection instruments or providing all individual users a written notice prior to each trip.

(7) A county shall reimburse the department for its share of the value of equipment purchased under this chapter which is sold or removed from specialized transportation service unless the sales proceeds are spent for specialized transportation projects approved by the department.

(8) A county shall have in place a competitive, public procurement process for the purchase of specialized transportation services or equipment with aids allocated under this chapter. All requests for bids or proposals from transportation providers interested in providing the specialized transportation services to be purchased shall be by published, public notice. Request for bids or proposals shall be made for all procurement of specialized transportation goods or services subject to competitive, public procurement under this chapter. A county’s procurement process shall include a procedure for resolving complaints and conflicts. A county’s decision to reject a proposal may be appealed to the department, but the appeal shall be limited to procedural complaints and the department may not review the substance of a county’s decision.

History

Cr. Register, January, 1978, No. 265, eff. 2-1-78; r. and recr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1), r. and recr. (2), cr. (5), Register, January, 1984, No. 337, eff. 2-1-84; r. and recr. (4), renum. (5) to be (7), cr. (5) and (6), Register, May, 1986, No. 365, eff. 6-1-86; am. (7), cr. (8), Register, June, 1988, No. 390, eff. 7-1-88; correction in (4) (d) made under s. 13.93 (2m) (b) 12., Stats., Register, December, 1993, No. 456; CR 04-034: am (2) (b), (e) and (f), (3), (7) and (8), r. (2) (g) Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. (3) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 1.06 Annual application {#sec-trans-1.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 1.06}

(1) Any county may apply to the department for its allocation of the aids appropriated for the program. Two or more counties may jointly prepare a single project proposal, but each county is required to submit its own application. Except as otherwise provided in this chapter, the department shall encumber the funds allocated to a county upon approval of the county’s application by the department and the execution of a contract between the department and the county. The contract shall provide for a schedule of disbursement of state aids so encumbered.

(2) Applications for grants of allocated aids shall be submitted to the department no later than December 31 of the year immediately preceding the project year. No application received after January 1 of the project year shall be funded unless the secretary of the department determines that a later date is appropriate.

(3) Applications shall be made in a form and manner prescribed by the department and signed by the county board chair, county executive or county administrator, or the county position authorized in writing each year by this person. Applications shall include, but not be limited to, a project description, a project budget, a plan for allocated aid held in trust, and such other relevant information as the department may require to effectively evaluate the proposal. In addition, the application shall include formal comments on the proposed project(s) by appropriate county agencies such as committees or commissions on aging and boards created under ss. 51.42 and 51.437, Stats.

(5) A county shall submit the original of its application to the department.

(6) A county applicant shall submit a copy of its application for review and comment to the appropriate regional planning commission, area agency on aging and department of health services’ regional office. In order to be considered by the department, comments by such agencies must be submitted to the department by February 1 of the grant year.

History

Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, November, 1978, No. 275, eff. 12-1-78; am. (2) and (3), Register, July, 1981, No. 307, eff. 8-1-71; am. (3) and (4), Register, January, 1984, No. 337, eff. 2-1-84; am. (1), Register, June, 1988, No. 390, eff. 7-1-88; CR 04-034: am (2) (3), (5) and (6), r. (4) Register September 2004 No. 585, eff. 10-1-04; correction in (6) made under s. 13.92 (4) (b) 6., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 1.07 Public hearing {#sec-trans-1.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 1.07}

(1) A county applicant is required to conduct a public hearing so that interested persons in the county may be informed of the proposed project and have an opportunity to express their views before the application is submitted to the department. The applicant shall include in its application a brief description of the hearing and a summary of the views expressed at the hearing. Any written statements presented for the public hearing record shall be submitted to the department along with other documentation concerning the hearing. The public hearing shall be held not less than 14 days prior to the date on which a county submits its application.

(2) The applicant shall publish notice of the public hearing not less than 10 days prior to the hearing. A preliminary draft of the application shall be available for public inspection not less than 10 days prior to the hearing. The published notice shall indicate where the draft application is available for public inspection. At a minimum, the public hearing notice shall be published in the official county newspaper, or if there is no official county newspaper, then in a newspaper likely to give notice in the area or to the persons affected in accordance with s. 985.02 (1), Stats. A county applicant shall make appropriate efforts to encourage residents to attend the public hearing.

History

Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, November, 1978, No. 275, eff. 12-1-78; am. (1), Register, January, 1984, No. 337, eff. 2-1-84.

Wis. Admin. Code § Trans 1.08 Reporting requirements {#sec-trans-1.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 1.08}

(1) All counties shall maintain records as required by the department. The following information shall be furnished semi-annually by each county to the department on forms provided by the department:

(a) Total number of one-way passenger trips per reporting period by passenger type for each project;

(b) Total number of one-way passenger trips per reporting period by trip purpose for each project;

(d) Total number of service miles per reporting period for each project.

(2) The following information shall be furnished annually by each county to the department on forms provided by the department:

(a) A financial report indicating the total annual cost of transportation for each project and the sources and amounts of revenue which offset the annual cost of transportation for each project.

(b) A statement of the amount of allocated aid expended or encumbered and the amount of allocated aid to be returned to the department and a certification that all allocated aid together with the county’s matching share have been used in accordance with the terms of this chapter and s. 85.21, Stats.

(c) A report on a trust fund permitted under s. Trans 1.05 (2) which shows the opening balance, additions, deductions and end of year balance.

(3) The department may withhold the distribution of all or part of a county’s allocation under this chapter if the county fails to furnish timely and satisfactorily the information required under this section. The information to be furnished by counties under sub. (1) shall be submitted to the department by August 15 of the project year and by March 1 of the calendar year following the end of the project year. The information to be furnished by counties under sub. (2) shall be submitted to the department by March 31 of the calendar year following the end of the project year. If a due date for submitting information to the department under sub. (1) or (2) falls on a Saturday, Sunday or holiday, that due date shall be the first business day following the Saturday, Sunday or holiday.

History

Cr. Register, January, 1978, No. 265, eff. 2-1-78; r. and recr. Register, July, 1982, No. 319, eff. 8-1-82; cr. (2) (c), Register, January, 1984, No. 337, eff. 2-1-84; am. (1) (intro.) and (2) (intro.), renum. (1) (c) to be (1) (e), cr. (1) (c) and (d) and (3), Register, June, 1988, No. 390, eff. 7-1-88; CR 04-034: am (1) (a) to (d), (2) (a) and (3), r. (1) (e) Register September 2004 No. 585, eff. 10-1-04.

Wis. Admin. Code § Trans 1.09 Third party contracts {#sec-trans-1.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 1.09}

(1) A county may not use aids allocated under this chapter to purchase service from, nor make grants to third parties without a contract, agreement, purchase of service order or other legal equivalent. Grants or purchases of services costing $100 or less per occurrence and expense reimbursement arrangements for volunteers are exempt from this requirement. Third-party contracts shall be available for inspection by the department upon request.

(2) No third-party contract for transportation services purchased by a county with allocated aids may include a prohibition against further subcontracting for the provision of the services unless the contract is awarded through a competitive, public procurement process established in full accordance with s. Trans 1.05 (8) or the total amount of the contract is $500 or less.

(3) A third party contract for transportation services purchased by a county with allocated aids shall, at least once every 5 years, be subject to and awarded through a competitive, public procurement process established in full accordance with s. Trans 1.05 (8) when the total amount of the contract is $10,000 or more.

History

Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (1), cr. (2) and (3), Register, June, 1988, No. 390, eff. 7-1-88; am. (3), Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: am (2) and (3) Register September 2004 No. 585, eff. 10-1-04.

Chapter Trans 2 ENHANCED MOBILITY FOR SENIORS AND INDIVIDUALS WITH DISABILITIES GRANT PROGRAM

Wis. Admin. Code § Trans 2.01 Purpose and scope {#sec-trans-2.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.01}

The purposes of this chapter are to establish the department’s administrative interpretation of s. 85.22, Stats., including the administration of assistance under the federal sec. 5310 program, and to prescribe administrative policies and procedures for implementing the specialized transportation program authorized under s. 85.22, Stats.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, July, 1982, No. 319, eff. 8-1-82; reprinted to correct error, Register, October, 1982, No. 322; am. Register, April, 1993, No. 448, eff. 5-1-93; am. Register, December, 1994, No. 468, eff. 1-1-95; am. Register, October, 1999, No. 526, eff. 11-1-99; CR 19-073: am. Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 2.015 Definitions {#sec-trans-2.015 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.015}

(2) “Department” means the state department of transportation.

(2m) “Eligible applicant” means any applicant that meets eligibility requirements for assistance under the federal sec. 5310 program and is one of the following:

(a) A private, nonprofit organization.

(b) A local public body that satisfies one of the conditions in s. Trans 2.10 (2).

Note: Federally recognized tribal governing bodies are also eligible applicants as local public bodies under par. (b), based on s. 20.002 (13), Stats.

(3) “Federal sec. 5310 program” means the federal assistance program under 49 USC 5310.

(5) “Human service vehicle” means a motor vehicle as defined in s. 340.01 (23g), Stats., that meets the standards in ch. Trans 301.

(5m) “Local public body” has the meaning given in s. 85.20 (1) (d), Stats., except as limited by this chapter.

(6) “Other transportation provider” means a public, private nonprofit, or private for-profit business or organization, other than an eligible applicant, which operates passenger transportation services using the same mode of transportation as an applicant.

(8) “Program cycle” means a one or two year period, whose start and end dates are specified by the department, for which the department accepts applications and issues awards for projects authorized under s. 85.22, Stats.

(9) “Project” means operation of a transportation service for seniors or individuals with disabilities, or purchase of capital equipment for use in a service.

History

Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. Register, September, 1985, No. 357, eff. 10-1-85; renum. (4) to be (5), cr. (4), Register, February, 1988, No. 386, eff. 3-1-88; renum. (5) to be (6), cr. (5) and (7), Register, January, 1989, No. 397, eff. 2-1-89; cr. (1m), am. (5) and (7), Register, April, 1993, No. 448, eff. 5-1-93; cr. (2m), (5m), am. (3), (4), Register, December, 1994, No. 468, eff. 1-1-95; am. (1), Register, October, 1995, No. 478, eff. 11-1-95; r. (1m) and (4), am. (3), Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. (1) and (2m) (intro.) Register August 2003 No. 572, eff. 9-1-03; CR 19-073: r. (1), am. (6), r. (7), cr. (8), (9) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 2.02 Program eligibility {#sec-trans-2.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.02}

(1) An eligible applicant may apply for project assistance under s. 85.22, Stats. All applicants shall comply with federal regulations governing the federal sec. 5310 program.

(2) Applicants may request assistance for any operating projects or capital acquisitions that are consistent with the specialized transportation program purpose specified in s. 85.22 (1), Stats.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1), Register, July, 1982, No. 319, eff. 8-1-82; correction under s. 13.93 (2m) (b) 7., Stats., Register, August, 1984, No. 343; am. (1), Register, December, 1994, No. 468, eff. 1-1-95; am. Register, October, 1999, No. 526, eff. 11-1-99; CR 19-073: am. (Title), (1), r. and recr. (2) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 2.03 Aid allocation {#sec-trans-2.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.03}

Commencing with the highest ranking application as determined under s. Trans 2.06 and to the extent that federal and state moneys are available, the department shall offer to each eligible applicant an amount of aid such that the sum of federal and state aid received by an applicant does not exceed the proportion of project costs permitted under the federal sec. 5310 program.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, March, 1980, No. 291, eff. 4-1-80; r. and recr. Register, July, 1982, No. 319, eff. 8-1-82; CR 19-073: am. Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 2.04 Coordination {#sec-trans-2.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.04}

It is the department’s policy to encourage the coordination of transportation for seniors and individuals with disabilities among providers of such services. To that end, each eligible applicant receiving aids under this chapter shall:

(1) Make affirmative efforts to coordinate its activities with other service providers in its service area;

(2) Include in its application evidence that the proposed project will not duplicate other services;

(3) Demonstrate how the proposed project will be integrated with specialized transportation services provided by public transit systems, other federal sec. 5310 program grantees and other transit agencies located within the applicant’s service area; and

(4) Include in its application evidence that the transportation service proposed for seniors and individuals with disabilities was designed with the cooperation of the appropriate county committees or commissions on aging and boards created under ss. 51.42 and 51.437, Stats.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78, am. (1), Register, March, 1980, No. 291, eff. 4-1-80; r. (2), renum. (1) (intro.) to (d) to be (intro.) to (4) and am. (2), Register, July, 1982, No. 319, eff. 8-1-82; am. (intro.) and (4), Register, April, 1993, No. 448, eff. 5-1-93; am. (3), Register, December, 1994, No. 468, eff. 1-1-95; am. (3), Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. (2) to (4) Register August 2003 No. 572, eff. 9-1-03; CR 19-073: am. (intro.), (4) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 2.045 Provider notification {#sec-trans-2.045 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.045}

Every application shall include evidence that all other transportation providers in the applicant’s service area have been afforded an opportunity to comment on the service for which an applicant requests assistance under this chapter. This evidence shall include copies of all correspondence between the applicant and other transportation providers, except that the evidence shall include one copy of the notice required under s. Trans 2.05 (1) (d) and a certified list of all other transportation providers to which the notice was mailed rather than copies of all the notices actually mailed and any additional evidence the department specifies in its application instructions. The department may reject an application for failure to comply with this requirement.

Note: Section Trans 2.05 (1) (d) was removed, and that specific notice requirement no longer exists.

History

Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (2), renum. (3) to be (6), cr. (3) to (5), Register, February, 1988, No. 386, eff. 3-1-88; am. (1) and (4), Register, January, 1989, No. 397, eff. 2-1-89; am. (4), Register, April, 1993, No. 448, eff. 5-1-93; am. (2) (a), (3), (5), Register, December, 1994, No. 468, eff. 1-1-95; am. (1), r. (2) to (6), Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. Register August 2003 No. 572, eff. 9-1-03; CR 19-073: am. Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 2.05 Application schedule {#sec-trans-2.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.05}

(1) Each application for assistance under this chapter shall be considered valid only for the program cycle for which it is submitted.

(2) The department shall specify the duration of the upcoming program cycle in the corresponding application guidelines. The department shall notify all known potential applicants when the application period begins. The application period shall last not less than 45 days.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78, am., Register, March, 1980, No. 291, eff. 4-1-80; r. and recr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1) (a), Register, September, 1985, No. 357, eff. 10-1-85; am. (1) (a) and (b), r. (1) (c) and (d), cr. (1) (c) to (i), Register, February, 1988, No. 386, eff. 3-1-88; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, January, 1989, No. 397; am. (1) (intro.), (d), (g), Register, December, 1994, No. 468, eff. 1-1-95; am. (1) (a), Register, October, 1995, No. 478, eff. 11-1-95; am. (1) (a) to (d) and (3), r. (1) (e) to (i), Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. (1) (intro) to (c), (2) and (3) Register August 2003 No. 572, eff. 9-1-03; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register March 2012 No. 675; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686; CR 19-073: renum. (1) (intro.) to (1) and am., r. (1) (a) to (d), r. and recr. (2), r. (3) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 2.055 Request for department review {#sec-trans-2.055 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.055}

(1) An applicant whose application for assistance is not awarded funding may request that the department review the process by which it reviewed the application.

Note: Specific allegations shall be sent to Director, Bureau of Transit & Local Roads, P.O. Box 7913, Madison, WI 53707-7913, with a copy sent to the affected applicant.

(2) A request for department review under sub. (1) shall be made in writing and shall be filed with the department within 14 days of the department’s notification of non-award.

(3) If the department receives a request for review of an application for assistance under this chapter, the chief of the transit section shall conduct the department review.

(4) In conducting its review, the department may consider only an applicant’s compliance with applicable state and federal procedural requirements.

(5) All interested parties shall be given the opportunity to submit written or documentary evidence and written arguments to the department. Interested parties shall provide a copy of any written evidence, arguments, or correspondence submitted to the department to all other parties involved in the department review.

(6) The department shall limit its review to consideration of written or documentary evidence and written arguments. The formal contested case requirements in ch. 227, Stats., are not applicable to this review.

Note: A request for Department review under this section is not a contested case as defined in s. 227.01 (3), Stats., and not subject to the contested case hearing requirement in s. 227.42, Stats.

(7) In conducting its review, the department may ask interested parties to provide additional written information. The failure of any interested party to provide information requested by the department, or to cooperate with the department in its review, may result in dismissal of a request for review or denial of an application for assistance.

(8) The chief of the transit section shall submit a written recommendation to the director of the bureau of transit, local roads, railroads and harbors, who shall issue a written decision. A copy of the director’s decision shall be provided to the applicant and to the person requesting the department review.

(9) The decision of the director of the bureau of transit, local roads, railroads and harbors, shall be the final decision of the department and is not subject to further appeals or judicial review.

Note: The Department’s decision under this section does not affect a person’s substantial interests and is not subject to judicial review under s. 227.52, Stats.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. (7) and (9) Register August 2003 No. 572, eff. 9-1-03; CR 19-073: am. (1) to (3), (7) to (9) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 2.06 Application evaluation {#sec-trans-2.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.06}

(1) The department shall assess whether all applications are consistent with the program purpose set forth in s. 85.22 (1), Stats. Any application determined to be inconsistent with the program purpose shall be excluded from further consideration for award of aids administered under this chapter.

(2) The following evaluation criteria, derived from the federal sec. 5310 program, shall be used:

(a) The extent of service coordination.

(b) The extent that service can be provided to seniors and individuals with disabilities.

(d) The extent to which financial and technical capabilities are identified.

(3) If available state and federal aids exceed the amount requested by applications receiving scores at or above the minimum, the department may accept for evaluation and funding consideration additional applications or revised applications for the remaining aids. The department may establish alternative deadlines as it determines to be appropriate for applications submitted under this subsection.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) (b) and (2) (d), r. and recr. (1) (a) and (2) (c), cr. (3), Register, July, 1982, No. 319, eff. 8-1-82; correction in (3) made under s. 13.93 (2m) (b) 4., Stats., Register, February, 1988, No. 386, eff. 3-1-88; r. and recr. (2) (c) 1. and 2., cr. (2) (c) 3. and 4., Register, January, 1989, No. 397, eff. 2-1-89; am. (2) (b) (intro.), (c) (intro.), 1., 3. and 4., Register, April, 1993, No. 448, eff. 5-1-93; am. (2) (d), (3), Register, December, 1994, No. 468, eff. 1-1-95; am. (2) (c) 1. and 4., r. (2) (c) 2., renum. (2) (c) 3. to be (2) (c) 2. and (2) (d) to be (2) (d) 1. and am., cr. (2) (c) 3. and (d) 2., Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. (1) (b), (2) (a) 1. and 2., (b) 1. to 3., (c) 1. to 4., (d) and (3) Register August 2003 No. 572, eff. 9-1-03; CR 19-073: r. and recr. (1), (2), am. (3) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 2.09 Vehicle registration {#sec-trans-2.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.09}

A recipient of federal sec. 5310 funds or s. 85.22, Stats. funds shall at all times maintain human service vehicle, bus, or municipal registration, as appropriate, on every vehicle purchased in part with assistance under this chapter whether the vehicle is operated by the recipient or by other transportation providers. If a recipient fails to comply with this requirement, the department may reassign any vehicle not properly registered to other eligible applicants and may reject pending or future applications of the recipient for assistance under this chapter.

History

Cr. Register January, 1989, No. 397, eff. 2-1-89; renum. from Trans 2.07, Register, September, 1990, No. 417, eff. 10-1-90; renum. from Trans 2.075, Register, April, 1993, No. 448, eff. 5-1-93; am. Register, December, 1994, No. 468, eff. 1-1-95; am. Register, October, 1999, No. 526, eff. 11-1-99; CR 19-073: am. Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 2.10 Local public body applicants {#sec-trans-2.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.10}

(1) Definition. In this section, “transportation coordinating committee” means a committee appointed by the county board for coordinating the county’s specialized transportation which:

(a) Includes members representing at least the following:

County board;
County aging unit;
County department of social services or county department of human services;
County boards created under s. 51.42 or 51.437, Stats.;
Transportation providers — public, proprietary and nonprofit;
Senior and disabled citizen advocates;
Consumer and agency advocates; and

(b) Has the following duties:

Monitor the expenditures of transportation funds being expended on transportation services for seniors and individuals with disabilities in the service area;
Review transportation plans for the service area;
Review and comment on county aid applications under s. 85.21, Stats.;
Review and comment on assistance applications under s. 85.22, Stats.;
Act on requests by local public bodies to be designated as coordinators of transportation services for seniors and individuals with disabilities for the purpose of becoming eligible for assistance under the federal sec. 5310 program.

(2) Eligibility. In order to apply for capital assistance under s. 85.22, Stats., a local public body shall satisfy one of the following conditions:

(a) Is determined by the department to be eligible for assistance under the federal sec. 5310 program after first certifying to the department that no private, nonprofit organizations as specified in s. Trans 2.015 (2m) are readily available to provide transportation services to seniors and individuals with disabilities in a proposed service area and providing all of the following or similar documentation supporting such certification:

Copies of letters sent to all known private, nonprofit organizations specified in s. Trans 2.015 (2m), both within the county wherein such organizations are situated and in adjacent counties, soliciting interest in providing transportation services for seniors and individuals with disabilities in the proposed service area, along with copies of any resulting correspondence.
A certified copy of a public notice published in the appropriate official county newspaper soliciting responses from private, nonprofit organizations as specified in s. Trans 2.015 (2m), both within the county wherein such organizations are situated, interested in providing transportation services to seniors and individuals with disabilities in the proposed service area, along with copies of any resulting correspondence.

(b) Is approved by the department to be the coordinator of transportation services to seniors and individuals with disabilities in the proposed service area. A local public body shall be approved by the county board and a transportation coordinating committee which satisfies the membership requirements in sub. (1) (a). The department may waive the membership requirements in sub. (1) (a) if the county board provides satisfactory evidence that the county board made a reasonable attempt to include members of all groups identified in sub. (1) (a). The applicant shall provide all of the following or similar documentation to the department verifying such approval:

Copies of documentation showing that a transportation coordinating committee approved the local public body as the coordinator of transportation services for seniors and individuals with disabilities in the proposed service area.
A certified copy of the resolution, passed by the county board, approving the local public body as the coordinator of transportation services for seniors and individuals with disabilities in the proposed service area.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; am. (1) (a), (b) 6., (2) (a) (intro.) and (b) (intro.), renum. (1) (a) 3. to 6. to be (1) (a) 4. to 7., cr. (1) (a) 3., Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. (1) (b) 1., 2. and 5. Register August 2003 No. 572, eff. 9-1-03; CR 19-073: am. (1) (b) (intro.), 1., 2., 4., r. (1) (b) 5., am. (2) (a), (b) Register October 2020 No. 778, eff. 11-1-20; CR 22-048: am. (1) (a) 6., (b) 6. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 2.11 Reporting requirements {#sec-trans-2.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 2.11}

All recipients shall maintain records in the manner required by the department for all expenditures made with program funds and shall make scheduled reports on each vehicle or project as well as special reports as required by the department. If required reports are not current at the time of the application filing deadline, the department may deny that recipient’s application.

Note: The report required by the Department is DOT Form Wisconsin Department of Transportation 1610, Vehicle Operation Semi-Annual Report, and can be obtained from the Bureau of Transit and Local Roads, P.O. Box 7913, Madison, WI 53707-7913.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 19-073: am. Register October 2020 No. 778, eff. 11-1-20.

Chapter Trans 3 URBAN MASS TRANSIT OPERATING ASSISTANCE PROGRAM; PROCEDURES FOR COUNTING PASSENGER TRIPS

Wis. Admin. Code § Trans 3.01 Purpose and scope {#sec-trans-3.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 3.01}

(1) The purpose of this chapter is to establish procedures for counting passenger trips taken on participating urban mass transit systems in connection with the administration of the state financial urban mass transit assistance program under s. 85.20, Stats.

(2) The procedures prescribed in this chapter shall apply to all urban mass transit system ridership information collected during calendar year 2019 and in each year thereafter.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) Register, July, 1982, No. 319, eff. 8-1-82; am. Register, May, 1991, No. 425, eff. 6-1-91; CR 18-065: am. (2) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 3.02 Definitions {#sec-trans-3.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 3.02}

As used in this chapter:

(1) “Department” means the Wisconsin department of transportation.

(1m) “Free fare passenger” means a person who makes a free fare trip.

(2) “Free fare passenger trip” means a trip on an urban mass transit system by a passenger who is all of the following:

(a) A passenger who does not pay a fare.

(b) A passenger for whom a fare has not been paid by another or under contract or other arrangement with an urban mass transit system.

(3) “Holiday” means any one of the 6 following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas, or the day officially designated for its observance.

(3m) “Passenger” means an individual on board, boarding, or alighting a revenue transit vehicle.

(4) “Passenger trip” means an unlinked trip, as defined in s. Trans 4.02 (8m), on an urban mass transit system vehicle.

(5) “Periods” mean the time periods during which a transit system is required to conduct its survey for the purpose of computing average fare factors pursuant to the survey method under s. Trans 3.04. The general limits of the respective periods are: period I, March through April; period II, mid-June through mid-August; period III, mid-September through mid-November. The specific limits of these periods for any year shall be determined by the department and a notice of that determination shall be mailed to participating transit systems by January 31 of that year.

(6) “Revenue passenger” means any passenger who pays a fare or for whom a fare has been paid by another under a contract or other arrangement with an urban mass transit system.

(7) “Revenue passenger trip” means a trip by a revenue passenger taken on an urban mass transit system. The transit system includes all express services, shuttles, trippers, route guarantees, and special contracts for routes or service that are open to the general public, unless the passenger trips on the routes are paid for and reported by another urban mass transit system receiving state transit aids under s. 85.20, Stats. Revenue passenger trips on specialized subsystems shall be included to the extent that the subsystem’s operating expenses are included in the mass transit system’s program under s. 85.20, Stats. If a subsystem’s operating expenses are not fully supported by the participating urban mass transit system, then the revenue passenger trip figures from the subsystem shall be in proportion to the transit system’s share of the subsystem’s operating deficit.

(8) “Special fare day” means any day in which the transit system is operating with a single day or short term special tariff in effect.

(9) “Specialized subsystem” means a transportation service operated as a separate part of an urban mass transit system and which provides transportation exclusively for seniors and individuals with disabilities. The specialized subsystem may be operated directly by the urban mass transit system or by a public or private transportation provider under contract to the urban mass transit system receiving funds under s. 85.20, Stats.

(10) “Transfer passenger” means a person who makes a transfer passenger trip.

(11) “Transfer passenger trip” means a trip taken on an urban mass transit system by any passenger who uses a transfer or other equivalent for the purpose of completing a trip which requires boarding 2 or more vehicles.

(12) “Weekday/no school” means any day Monday through Friday when public elementary and high schools are not in regular session and are not conducting classes. Summer school is not considered to be part of the regular school session. If an urban mass transit system serves 2 or more public school districts with varying school schedules, the term includes only those days when the majority of pupils normally served are not attending regular school sessions.

(13) “Weekday/school” means any day Monday through Friday when public elementary and high schools are in regular session and conducting classes. Summer school is not considered to be part of the regular school session. If an urban mass transit system serves 2 or more public school districts with varying school schedules, the term includes only those days when the majority of the pupils normally served are attending regular school sessions.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; r. and recr. Register, May, 1991, No. 425, eff. 6-1-91; CR 18-065: renum. (1) to (1m), cr. (1), am. (2) (intro.), (3), cr. (3m), am. (4), (5), (7), (9) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 3.03 Determination of annual passenger trips {#sec-trans-3.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 3.03}

(1) Alternative methods. Subject to the department’s review and approval under sub. (2), an urban mass transit system may determine the number of passenger trips taken annually on its system by any of the following methods:

(a) By taking a headcount of each passenger using the system during the calendar year and separately accounting for revenue passengers, transfer passengers, free fare passengers and passengers on specialized subsystems.

(b) By dividing the system’s annual fare revenue by the system’s per-passenger tariff if the system has established and applied a uniform fare for each passenger using the system during the calendar year, and after accounting separately for seniors and individuals with disabilities, transfer and free fare passenger trips and passenger trips on specialized subsystems.

(c) By using the method prescribed in s. Trans 3.04 for surveying the actual revenue and number of revenue passengers using the system on selected representative days during different periods of the year in order to establish an average fare factor for various types of service day categories and then applying those average fare factors to the system’s accumulated passenger revenue and developing ratios of transfer and free fare passengers to revenue passengers.

(d) Using a combination of 2 or more of the methods provided in pars. (a) to (c) when appropriate and practical.

(2) Department approval.

(a) Since there are substantial differences among the various participating urban mass transit systems with respect to tariff schedules, senior and disabled reduced fare programs, route service plans, subsystem arrangements, and operating procedures, no single method of calculating annual passenger trips is appropriate for every system. When reviewing a system’s proposed election of the methods prescribed in sub. (1), the department shall determine whether its election will be appropriate for that system for the purpose of providing valid and reliable measure of that system’s ridership and will allow that system’s total to be comparable to the totals of all other participating systems.

(b) Any variance from the counting procedures prescribed in this chapter is permitted only with the express written approval of the department and then only if the department is satisfied that such variance does not adversely affect the statistical reliability, validity and comparability of the data collected pursuant to the variant procedures.

(3) Special requirements and procedures. The following apply to each method described in sub. (1) (a) to (c):

(a) Transit riders boarding with a transfer shall be counted as transfer passengers even though a transfer fare may be required.

(b) Transit riders boarding with a daily, weekly or monthly pass shall be counted as revenue passengers each time they board and use their pass.

(c) Children boarding free because they are under a certain age specified by the transit system and accompanied by an adult, or because they meet other special conditions, shall be counted as free fare passengers.

(d) Transit riders boarding and alighting within a free fare zone and not paying a fare shall be counted as free fare passengers unless a fare has been paid by another under a contract or other arrangement with an urban mass transit system. In the latter case, transit riders shall be counted as revenue passengers.

(e) Transit riders boarding on free fare days or during other free fare promotional periods shall be counted as free fare passengers unless a fare has been paid by another under a contract or other arrangement with an urban mass transit system. In the latter case, transit riders shall be counted as revenue passengers.

(f) Transit riders using special subsystems exclusively for seniors and individuals with disabilities shall be counted separately from and included in a transit system’s revenue passenger trips. Revenue passenger trips on special subsystems shall be determined by an actual count; or, if the subsystem is operated under contract to the urban mass transit system, the passenger trip figures reported shall be in direct proportion to the urban mass transit system’s contribution to the special subsystem’s total expenses. Alternative methods for counting transit riders under this paragraph may be used if expressly approved in writing by the department and then only if the department is satisfied that the alternative method does not adversely affect the statistical reliability, validity and comparability of the data collected pursuant to the variant procedures.

(g) Urban mass transit systems exclusively operating shared-ride taxi services shall only be required to report revenue passenger trips.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) (intro.), (a), (b), (c), (2) (a), (c) and (d), cr. (3) (e) to (g), Register, May, 1991, No. 425, eff. 6-1-91; CR 18-065: am. (1) (b), (3) (c), (f) Register October 2020 No. 778, eff. 11-1-20; CR 22-048: am. (2) (a) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 3.04 Survey method {#sec-trans-3.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 3.04}

(1) General. In general, the survey method for determining annual revenue passenger trips involves the calculation of average fare factors per revenue passenger received by a system on various types of service days and the application of those average fare factors to all similar service days during the calendar year. The calculation of average fare factors takes into account the type of service day, the applicable tariff schedules and the types of service being provided when the fare data are collected. In order to obtain a reliable and valid measure of the number of revenue passenger trips for any system, more than one average fare factor shall be calculated in accordance with the procedures prescribed in this section. In addition, the department may require a system to calculate more than one average fare factor for any particular type of service day in order to reflect special situations, including but not limited to subsystem operations, that may otherwise distort the system’s revenue passenger trip figure.

(2) Average fares required.

(a) The number of average fare factors that are required to determine annual revenue passenger trips depend on the days of the year when transit service is provided. In general, each transit system is required to establish from 2 to 5 average fare factors that, when applied to the corresponding days of the year, establish the system’s ridership. The actual number of average fare factors may be higher for transit systems required to determine average fare factors for special subsystem routes. The number of average fare factors required for a system is calculated by classifying each day of the year on which service is provided into one of the following categories:

Weekday/school.
Weekday/no school.
Saturday.
Sunday/holiday.
Special fare day.

(b) Each participating system shall establish an average fare factor for each of the 2 weekday categories in par. (a) 1. and 2. Transit systems providing Saturday service are required to establish an average fare factor for Saturday, and systems providing Sunday and holiday service shall establish an average fare factor for those days. Revenue ridership figures shall be calculated for each special fare day during the year; special fare day passenger trip figures for one or more special fare days may not be used to project a system’s revenue passenger trip total on such days on which a survey is not taken.

(3) Determination of average fare factors. The average transit fare shall be established for each category of day by using a special survey procedure. The methodology for establishing the average fare factor for each category is as follows:

(a) Weekday/school. The average fare factor for the weekday/school day category is established by accurately counting both revenue and revenue passenger trips for 5 consecutive weekdays when both public and private schools are in session. The 5 days selected shall fall within period I or period III. The actual days selected within the period shall be normal days; special downtown or other promotion days may not be included. The regular tariff schedule shall be in effect during the entire 5-day survey period. Total revenue passengers and total revenue shall be recorded for each day of the survey. The average fare factor is computed by dividing the 5-day total revenue by the 5-day total of revenue passengers.

(b) Weekday/no school. The average fare factor for the weekday/no school category is established by counting total revenue and revenue passenger trips for 5 consecutive weekdays when both public and private schools are not in regular session. The actual days of the survey shall be normal days and shall fall within period II. Survey days may not be during the week immediately following the end of school or immediately before the opening of school. The regular non-school day tariff shall be in effect during each day of the survey period. Total revenue and total revenue passengers shall be recorded for each day of the survey. The average fare factor is computed by dividing the 5-day revenue total by the 5-day total of revenue passengers.

(c) Saturday. The average fare factor for Saturdays is established by counting both revenue and revenue passenger trips for 2 Saturdays. One Saturday shall be selected from either period I or III and one Saturday shall be selected from period II. The total revenue from the 2 Saturdays divided by the total revenue passenger trips for the 2 Saturdays equals the Saturday average fare factor.

(d) Sunday/holiday. The average fare factor for Sundays and holidays is established by counting both revenue and revenue passenger trips for 2 Sundays. One Sunday shall be counted in either period I or III and one Sunday shall be counted in period II. The total revenue from the 2 Sundays divided by the total revenue passenger trips for the 2 Sundays equals the Sunday/holiday average fare factor.

(e) Special fare day. Revenue passenger trips on days when a special tariff is in effect shall be established by taking actual revenue passenger counts during the entire period in which the special tariff applies, unless the special fare is the same for all riders. If the special fare is the same for all riders, revenue passenger trips may be determined by dividing total special fare day revenues by the per-rider fare. On free fare days sponsored by the subsidizing governmental units, no revenue is recorded and no revenue passenger trips may be counted. On free fare or reduced fare days sponsored by an agency that actually pays the fare of those riding, a revenue may be recorded and the actual number of passengers counted may be included as revenue passengers.

(4) Procedures for counting revenue passengers using passes or other prepaid fare methods. Urban mass transit systems using the average fare factor method shall use one of the following methods to count daily, weekly, and monthly pass riders and other prepaid fare riders:

(a) Revenue from daily, weekly and monthly passes, route guarantee revenue, contract service revenue and other revenue not paid in the farebox may be excluded from the total revenue used in calculating average fare factors for the respective service day categories. The revenue passengers using passes or other prepaid fare methods may be determined by the actual count method.

(b) An urban mass transit system that includes revenue from pass sales and counts all pass riders in the computation of average fare factors shall allocate an appropriate amount of pass revenue to the various types of service days. An urban mass transit system shall obtain the approval of the department before using a proposed method for allocating and computing pass revenue and counting pass riders for the various types of service days.

(c) An urban mass transit system may estimate pass ridership by multiplying the number of each type of pass sold by the average number of passenger trips taken per pass during the time period for which the pass is valid. The average number of passenger trips taken by pass riders shall be estimated at least once every 3 years by a survey method approved by the department or when a change in a system’s fare structure may significantly alter the average use of passes.

(5) Determination of annual revenue passenger trips.

(a) Each transit system shall segregate its revenue according to the category of day on which it is collected. A transit system computing average fare factors for special subsystems shall segregate the revenue for each subsystem and shall use the procedures set forth in par. (b) for each subsystem. A subsystem’s total annual revenue passenger trips shall be added to the system total.

(b) The annual revenue passenger trips for each transit system shall be calculated as follows:

Add all weekday/school day revenue for the entire year and divide by weekday/school day average fare factor.
Add all weekday/no school day revenue and divide by weekday/no school day average fare factor.
Add all Saturday revenue and divide by the Saturday average fare factor.
Add all Sunday and holiday revenue and divide by the Sunday/holiday average fare factor.
Add all revenue passenger trips established from special fare days.
Add all revenue passenger trips from pass user as determined under sub. (4).
Determine annual passenger trips by adding the passenger trips calculated in subds. 1. to 6.

(6) Determination of transfer riders. Transfer riders shall be determined by an actual count of all passengers boarding with a transfer during the survey weeks, or by a count of all transfer slips turned in by passengers to the transit vehicle operator, or a combination of the 2 methods. The ratio of transfer passengers to revenue passenger trips shall be determined for each type of service day. The ratios shall be applied to the ridership figures derived from the average fare factors to determine transfer riders for each type of service day.

(7) Determination of free fare riders. Free fare riders shall be determined by an actual count of all riders boarding without payment of a cash or cash equivalent fare or for whom a fare has not been paid by another under a contract or other arrangement with an urban mass transit system. The ratio of free fare passengers to revenue passenger trips shall be computed for each type of service day. The ratios shall be applied to the ridership figures derived from the average fare factors to determine free fare rides for each type of service day.

(8) Special survey requirements and procedures.

(a) Each participating transit system shall submit a survey schedule to the department 30 days before beginning any transit survey. Transit systems need not, however, obtain approval for their survey dates unless a special request is made to conduct surveys outside of the designated periods.

(b) Transit systems that do not segregate Friday from Saturday revenue or Sunday from Monday revenue are required to segregate the revenue during the survey period and to establish a formula which can be applied to the unsegregated funds for the remainder of the year.

(c) The department may require a system to conduct a resurvey if it determines that a particular survey is inaccurate or that the data collected does not properly reflect a service level or tariff change.

(9) Forms.

(a) Revenue, transfer and free fare passenger trip determinations and surveys of passenger trips and computations of average fare factors shall be made on forms furnished by the department.

(b) The average fare factor computation forms shall be submitted to the department within 15 working days after the completion of the survey. Annual passenger trip forms shall be submitted to the department within 15 calendar days after the last transit day in the calendar year.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) to (3) (d), r. (5) (c), renum. (4) (a) to (b) 5., (4) (b) 6., (5) (a), (b) and (d) and (6) to be (5) (a) and (b) 5., (5) (b) 7., (8) (a) to (c) and (9) and am. (5) (a) and (b) 1. to 4., and 7. and (9), cr. (4), (5) (b) 6., (6) and (7), Register, May, 1991, No. 425, eff. 6-1-91; CR 18-065: am. (3) (e), (4) (c) Register October 2020 No. 778, eff. 11-1-20.

Chapter Trans 4 URBAN MASS TRANSIT OPERATING ASSISTANCE PROGRAM

Wis. Admin. Code § Trans 4.01 Purpose and scope {#sec-trans-4.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 4.01}

The purposes of this chapter are to establish the department of transportation’s administrative interpretation of s. 85.20, Stats., and to prescribe administrative policies and procedures for implementing the urban mass transit operating assistance program.

History

Cr. Register, November, 1978, No. 275, eff. 12-1-78; am. Register, May, 1982, No. 317, eff. 6-1-82.

Wis. Admin. Code § Trans 4.02 Definitions {#sec-trans-4.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 4.02}

In this chapter:

(1) “Capital equipment” means non-expendable personal property for use in the provision of public transit service having all of the following:

(a) An anticipated useful life of one year or more.

(b) An acquisition cost of $5,000 or more per unit.

(1d) “Department” means the Wisconsin department of transportation.

(1m) “Eligible applicant” means a local public body in an urban area which is served by an urban mass transit system incurring an operating deficit.

(1o) “Eligible project cost” means an expense that an eligible applicant incurs in the operation of an urban mass transit system for which it is eligible to receive operating assistance authorized under s. 85.20, Stats.

(1p) “Job access and reverse commute project” means a transportation project to finance planning, capital, or operating costs that support the development and maintenance of transportation services designed to transport welfare recipients and low-income individuals to and from jobs and employment-related activities, including transportation projects that facilitate the provision of public transportation services from rural and urbanized areas to suburban employment locations.

(1t) “Joint-use facility” means a facility that is shared by a mass transit system and at least one other business.

(2) “Local public body” means one of the following:

(a) A county or a municipality, as defined in s. 59.001 (3), Stats., or an agency thereof;

(b) A transit or transportation commission or authority, or a public corporation established by law or by interstate compact to provide mass transportation services and facilities;

(2m) “Low-income individual” means an individual whose family income is at or below 150 percent of the poverty line, as that term is defined in Section 673 (2) of the Community Services Block Grant Act, 42 USC 9902 (2), including any revision required by that section.

(3) “Mass transit system” has the meaning given in s. 85.20 (1) (e), Stats., and may include specialized transportation subsystems for seniors and individuals with disabilities, but does not include transportation services exclusively for a subgroup of the general public.

(3g) “Operating deficit” means the amount by which the total operating expenses incurred in the operation of a mass transit system exceeds the amount of operating revenues derived therefrom.

(3r) “Operating revenues” means income that accrues to a mass transit system by virtue of its operations, excluding any income derived from the sale of charter service or the hauling of freight.

(4) “Private provider” means a privately owned entity that provides public transit service.

(4g) “Project” means operation of an urban mass transit system, or subsystem thereof, during a project year.

(4r) “Project year” means a calendar year in which an eligible applicant executes a public transit project receiving funding under s. 85.20, Stats.

(5) “Public provider” means any provider of mass transit service not defined as a private provider.

(5m) “Revenue hours” means the annual number of hours for which a mass transit system’s revenue passenger vehicles offer advertised public transit service, plus the annual sum of any additional hours during which these vehicles transport revenue paying passengers and, for shared-ride taxicab services, during which they travel to a base destination at the end of daily operation or undergo a pre-trip inspection.

(6) “Revenue passenger vehicle” means a vehicle used to transport revenue paying passengers on a mass transit system.

(6m) “Secretary” means the secretary of the Wisconsin department of transportation.

(7) “Shared-ride taxicab” means a taxicab legally able to simultaneously transport passengers having different origins, different destinations, or both.

(8) “Subsystem” means that part of a transit system which provides special services to seniors or individuals with disabilities.

(8m) “Unlinked trip” means a trip beginning when a passenger boards the vehicle and ending when the passenger alights the vehicle, even if the passenger transfers to another vehicle to reach a destination.

(9) “Urban area” means any area that includes a city or village having a population of 2,500 or more or an area that includes 2 American Indian reservations and that is served by a mass transit system operated by a transit commission. The department shall determine the population of a city or village within an urban area using the most recent estimates prepared by the department of administration.

(10) “Urban mass transit system” means a mass transit system providing at least two-thirds of its revenue miles of service within the boundaries of an urban area.

(10g) “Urbanized area” means an area of the state so defined by the U.S. bureau of the census.

(10r) “Useful life” means a minimum time period, specified by the department, during which an asset is expected to remain in suitable condition for continued use in its intended capacity.

(11) “User-side subsidy” means financial assistance provided directly to a user of a mass transit system in the form of a voucher provided to the user by the local public body for use in payment of a fare, or a portion of a fare, for a trip taken on an urban transit system.

(12) “Welfare recipient” means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act, 42 USC 601 et seq., at any time during the previous three-year period.

History

Cr. Register, November, 1978, No. 275, eff. 12-1-78; am. (1), (3) and (6), Register, May, 1982, No. 317, eff. 6-1-82; renum. (3) to (6) to be (10), (3), (9) and (8) and am. (3), cr. (4) to (7) and (11), Register, October, 1986, No. 370, eff. 11-1-86; am. (9), Register, August, 1989, No. 404, eff. 9-1-89; r. and recr. (9), Register, December, 1989, No. 408, eff. 1-1-90; cr. (intro.), am. (1), (3) and (8), Register, April, 1993, No. 448, eff. 5-1-93; renum. (1) to be (1m) and cr. (1), (1r), (5m), (6m) and (8m), Register, November, 2000, No. 539, eff. 12-1-00; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 18-065: renum. (1) to (1d), cr. (1), (1h), (1p), renum. (1r) to (1t) and am., am. (2) (intro.), (a), (b), cr. (2m), r. and recr. (3), cr. (3g), (3r), am. (4), cr. (4g), (4r), am. (5m), (7), (8m), cr. (10g), (10r), am. (11), cr. (12) Register October 2020 No. 778, eff. 11-1-20; renum. (1h) to (1o) under s. 13.92 (4) (b) 1., Stats., Register October 2020 No. 778; correction in (2) (a) made under s. 35.17, Stats., Register October 2020 No. 778; CR 22-048: am. (8) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 4.03 Appropriateness of urban areas {#sec-trans-4.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 4.03}

All urban areas shall be deemed appropriate for an urban mass transit system for purposes of receiving state aid, except that no city or village may receive state aid for a municipal bus transit system unless the system is approved by action of its governing body and by referendum vote of its electorate pursuant to s. 66.0803 (2) (a), Stats.

History

Cr. Register, November, 1978, No. 275, eff. 12-1-78; r. and recr. Register, May, 1982, No. 317, eff. 6-1-82; emerg. am. (2), eff. 11-18-83; am. (2), Register, April, 1984, No. 340, eff. 5-1-84; r. and recr. Register, December, 1989, No. 408, eff. 1-1-90; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 18-065: am. Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 4.04 Project costs {#sec-trans-4.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 4.04}

(1) Eligible project costs are limited to the operating expenses of an urban mass transit system, including labor, fringe benefits, materials and supplies, utilities, insurance, purchased transportation services, license fees and lease expenses. For publicly owned mass transit systems, the only wages and fringe benefits that shall be considered eligible project costs are those of employees whose activities are related to the day-to-day operation of the system. For employees who do not work full time on transit system operations, only expenses related to that portion of their time spent on transit shall be considered eligible project costs. For urban mass transit services provided by a private provider operating under contract with an eligible applicant, eligible project costs may include profit, return on investment, interest on short term debt obligation, and depreciation of facilities and capital equipment used directly for the provision of urban mass transit services, provided that the facilities and equipment were acquired without benefit of public financial assistance. If a facility is a joint-use facility, depreciation of only that portion of the facility used in the provision of urban mass transit services is an eligible project cost. For shared-ride taxicab services provided by private providers operating under contract with an eligible applicant, eligible project costs may include administrative fees that the eligible applicant incurs in the course of satisfying state and federal requirements.

(2) Eligible project costs may include the costs of user-side subsidies provided to individuals with disabilities. User contributions to the user-side subsidy service are considered eligible project costs in accordance with s. 85.20 (3m) (b), Stats.

(3) If an eligible applicant contracts for mass transit service with a private provider, it shall execute a formal written contract with the provider. Only costs incurred under a properly executed written contract shall be considered eligible project costs.

(4)

(a) If an eligible applicant contracts with a private provider to operate an urban mass transit system on its behalf, it shall do so using the competitive proposal process set forth in par. (b), and eligible project costs are limited to those costs associated with the proposal accepted by the eligible applicant.

(b) Eligible applicants shall use the following competitive bid process:

An eligible applicant shall prepare a “request for proposal” document. The document shall request expressions of interest from providers, and describe essential provider qualifications and criteria for evaluating those qualifications. The eligible applicant shall post the document, along with any ancillary documents, on the department of administration’s statewide goods and services electronic purchasing system website. The eligible applicant shall also cause an appropriate notice of the request for proposal to be published in a local newspaper of general circulation.
If only one qualified provider expresses interest in providing the urban mass transit service, the eligible applicant may negotiate a contract with that provider. The negotiated contract shall be subject to the department’s approval.
If 2 or more qualified providers express interest in providing the urban mass transit service, the eligible applicant shall rank each provider on the criteria set forth in the request for proposal.
When a publicly owned mass transit system responds to a request for proposal issued by a local public body under subd. 3., the cost proposal shall include an analysis of fully allocated costs if so required by the request for proposal. The analysis shall include all of the system’s costs measured in accordance with generally accepted accounting principles, regardless of whether these costs are otherwise paid for through other public financial assistance, including operating subsidies and capital grants. When the public body which owns the mass transit system has prepared a cost allocation plan in accordance with 2 CFR 200, costs of the mass transit system shall be allocated in accordance with that plan. When the mass transit system has not prepared a cost allocation plan in accordance with 2 CFR 200, costs which are allocable to the mass transit system shall be determined using the principles outlined in 2 CFR 200. Expenses of the mass transit system shall be allocated to segments of service considered using the following categories:

a. Costs that depend on the number of vehicle hours operated, including particular operators’ salaries and fringe benefits.

b. Costs that depend on the number of vehicle miles traveled, including fuel costs, maintenance costs and maintenance personnel salaries and fringe benefits.

c. Costs that depend on the maximum number of vehicles that are in service during the day, including administrative and capital costs.

The proposed costs in an awarded bid shall be reduced by an allowance for operating and capital costs subsidized through other state and federal grants.
An eligible applicant shall establish an appropriate procedure for resolving bid proposal complaints and conflicts, and shall include the procedure in its request for proposal.

(c) If a local public body contracts for urban mass transit service with a private provider on the basis of negotiated procurement, eligible project costs may include depreciation of facilities and capital equipment used directly for the provision of urban mass transit services, provided that the facilities and equipment were acquired without benefit of public financial assistance. If a facility is a joint-use facility, depreciation only of that portion of the facility used in the provision of urban mass transit services is an eligible project cost.

(5) The following expenses are not eligible project costs:

(a) Depreciation and amortization, except as authorized by sub. (1).

(aa) Job access and reverse commute project expenses, except in cases where the recipient’s grant agreement with the department explicitly authorizes use of funds for such project(s).

(b) Taxes paid which are subject to rebate.

(d) Profit, except as authorized by sub. (1).

(e) Lease-purchase payments.

(f) Lease payments to a related party which are made under less than an arm’s length agreement. Only actual eligible project costs of owning the property, including depreciation and taxes, shall be allowed, as authorized under sub. (1).

(g) Lease payments for revenue passenger vehicles unless, and only for the term, pre-approved by the department.

(h) Entertainment costs.

(i) Fines and penalties.

(j) Bad debts.

(k) Charitable deductions.

(L) User-side subsidies, except as authorized by sub. (2).

(m) Payments to members of advisory committees, transit commissions or transit boards.

(n) Federal, state and local income taxes.

(o) Charter-related expenses. Such expenses shall be considered to be equal to the revenue received directly from the provision of charter service, except when charter revenues exceed 10% of the total annual operating revenues of the mass transit system. When charter revenues exceed 10% of the total annual operating revenues of the mass transit system, charter-related expenses shall be determined in accordance with a cost allocation plan approved by the department.

(p) Expenses related to contractual agreements for special planning studies.

(q) Expenses for general public administration functions or activities of regional or local entities that are not related to the provision of mass transit service.

(r) Expenses for contingencies or capital acquisitions, including contributions to a capital reserve account or fund. The cost of materials and supplies utilized in facility or vehicle repairs, regardless of cost, shall be considered eligible project costs so long as such repairs involve replacement of existing items.

(s) For mass transit systems operated under contract by a private provider, the wages and fringe benefits of any public employees, except those employees involved in administration of the contract or in monitoring the performance of the provider.

(t) Fees imposed upon a contracted service provider by the recipient public body, such as taxicab license fees.

(u) Return on investment, except as authorized by sub. (1). Return on investment shall be a fixed amount and may not exceed an amount calculated by applying the interest rate the secretary of the treasury specifies under 50 USC App. 1215 (b) (2) as applicable to the period ending on December 31 of the year prior to the project year to the net book value of the private provider’s equipment and facilities used in providing the contracted for transportation service.

(v) Expenses that are directly offset by revenues that may include, but are not limited to, expenses related to hauling freight or package delivery, cash discounts or refunds, tax rebates including fuel tax rebates, insurance proceeds and resale proceeds. Such expenses shall be considered to be equal to the revenue derived directly from their incurrence.

(w) Franchise fees paid by the recipient public body to a private provider.

(x) Expenses for the direct operation of private or public van pools, except administrative and marketing expenses associated with the public van pool program.

(y) Expenses that are paid for with federal transit administration capital funds authorized under 49 CFR 53.

(z) For mass transit systems providing services outside of their jurisdictional boundaries, expenses related to services which duplicate those provided by another mass transit system in terms of geographic area served, hours operated, frequency of service and passenger boarding and alighting locations. Decisions on duplication of service shall be made by the department, after consultation with the affected public bodies.

History

Cr. Register, November, 1978, No. 275, eff. 12-1-78; r. and recr. (1), am. (2), (3) and (4), Register, May, 1982, No. 317, eff. 6-1-82; emerg. r. and recr. eff. 11-18-83; r. and recr. Register, April, 1984, No. 340, eff. 5-1-84; am. (1), renum. (2) to be (5) and am. (2) (a), (d) and (l), cr. (2) to (4), Register, October, 1986, No. 370, eff. 11-1-86; am. (5) (f) and (o), renum. (4), (5) (q), (r), (s) and (t) to be (4) (a), (5) (p), (q), (r) and (s) and am. (4) (a), cr. (4) (b) and (c) and (5) (t), (u), (v) and (w) and r. (5) (p), Register, August, 1989, No. 404, eff. 9-1-89; am. (2), (4) (b) 1. and (5) (r), cr. (5) (x), Register, April, 1993, No. 448, eff. 5-1-93; am. (1), (5) (a), (c), (d), (f), (L), (s) and (t), r. (3), renum. (4) (b) 4. and 5. to be (4) (b) 5. and 7. and cr. (4) (b) 4., 6. and (5) (y) and (z), Register, November, 2000, No. 539, eff. 12-1-00; CR 18-065: am. (1), (2), cr. (3), r. and recr. (4) (a), am. (4) (b) 1. to 3., 4. (intro.), a., r. (4) (b) 5., am. (4) (b) 6., 7., (c), cr. (5) (aa), am. (5) (f), (g), (o), (q) to (u), (w), (x), (z) Register October 2020 No. 778, eff. 11-1-20.

(1) The department may audit all public and private providers of urban mass transit services receiving state aids under the urban mass transit operating assistance program. The audits shall be the basis for computing the maximum share of state and federal aids each eligible applicant can apply against operating deficits for each state aid contract period. If a private provider is a subsidiary corporation, the department may audit both the subsidiary and the parent corporation. The department shall conduct audits as follows:

(a) For all urban mass transit systems participating in the state aid program, except those in which a local public body contracts for services with a private provider on the basis of competitive bids, the department shall audit the actual operating revenues and operating expenses for each state aid contract period. Audits shall be conducted in accordance with generally accepted governmental auditing standards.

(b) For mass transit systems in which a local public body contracts for services with a private provider on the basis of competitive bids, the department shall conduct contract compliance audits. Additionally, the department shall audit any fees the local public body charges to the department for administration of the private provider’s service.

(2) The state’s share of eligible project costs shall be in accordance with s. 85.20 (4m), Stats.

History

Cr. Register, November, 1978, No. 275, eff. 12-1-78; r. and recr. Register, May, 1982, No. 317, eff. 6-1-82; emerg. r. and recr., eff. 11-18-83; r. and recr. Register, April, 1984, No. 340, eff. 5-1-84; am. (1) (a) and (4), Register, October, 1986, No. 370, eff. 11-1-86; renum. (1), (2), (3), and (4) to be (2), (3), (4) and (5), cr. (1), Register, August, 1989, No. 404, eff. 9-1-89; am. (2) (intro.) and (a), cr. (2) (c), Register, August, 1990, No. 416, eff. 9-1-90; am. (2) (a), Register, April, 1993, No. 448, eff. 5-1-93; am. (1) (b) and r. and recr. (2), Register, November, 2000, No. 539, eff. 12-1-00; CR 18-065: am. (1), r. (3) to (5) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 4.06 Distribution of state aids {#sec-trans-4.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 4.06}

(1) The department shall distribute the state appropriations for this program among eligible applicants in accordance with the procedures set forth in s. 85.20 (4m), Stats., and also in accordance with provisions of the annual state grant agreements executed between each applicant and the department.

(2) Except as provided in sub. (3), each eligible applicant shall provide a local contribution, exclusive of user fees, toward operating expenses in an amount equal to at least 20% of all state allocations to that applicant under this chapter. No federal or state categorical financial aids or passenger revenues are allowed as part of the local contribution. No part of the local contribution may be paid by a private provider contracting with the applicant public body. The local contribution shall be determined by audit and calculated by subtracting passenger revenues, federal aids and state aids from eligible project costs.

(3) Subsection (2) does not apply to an eligible applicant that is served exclusively by a shared-ride taxicab system.

(4) State aids shall be paid to a recipient on a recurring basis, and no more than 4 times annually. If the department’s audit establishes that the state aid payment to a recipient has exceeded any limitation on the state’s share of eligible project costs under s. 85.20, Stats., then the recipient shall refund to the department an amount sufficient to reduce the state aids to an amount that is in conformity with s. 85.20, Stats.

History

Cr. Register, November, 1978, No. 275, eff. 12-1-78; r. and recr. Register, May, 1982, No. 317, eff. 6-1-82; emerg. am. (2), (3) and (4), eff. 11-18-83; am. (2), (3) and (4), Register, April, 1984, No. 340, eff. 5-1-84; am. (2) to (4), Register, October, 1986, No. 370, eff. 11-1-86; am. (2) and (3), renum. (4) to be (6) and am., cr. (4) and (5), Register, August, 1990, No. 416, eff. 9-1-90; am. (2) and (3), Register, April, 1993, No. 448, eff. 5-1-93; am. (4), Register, March, 1996, No. 483, eff. 4-1-96; am. (1), r. (2) and (3) and renum. and am. (4) to (6) to be (2) to (4), Register, November, 2000, No. 539, eff. 12-1-00; CR 18-065: am. (1), (2), (4) Register October 2020 No. 778, eff. 11-1-20; correction in (4) made under s. 35.17, Stats., Register October 2020 No. 778.

Wis. Admin. Code § Trans 4.07 Application for state aids {#sec-trans-4.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 4.07}

(1) Applications shall be made in a form and manner prescribed by the department. If multiple local public bodies in a given urban area contribute assistance to a mass transit system, one eligible applicant shall submit a single application on behalf of all participating local governments. The applicant public body, as well as all other participating local governments, shall assure that the required local shares of eligible project costs will be available.

(1m) Each state aid application shall include a transit management plan which describes the mass transit system’s operations for the coming year, including the amount of service to be provided, the fares to be charged, any steps to be taken to improve system effectiveness and efficiency, and the procedures to be used for counting revenue passenger trips.

(2) Applications for aids shall be submitted to the department no later than December 15 of the year immediately preceding the proposed project year. No application received after January 1 of the project year shall be funded unless the secretary of transportation determines that a later date is appropriate in order to properly respond to an emergency situation.

(3) Eligible applicants serving an urban area with a population exceeding 49,999 shall make available their application to the appropriate metropolitan planning organization.

(4) Mass transit services receiving financial assistance may be operated for less than a calendar year.

(5) Costs for services not included in the application for state aids will not be eligible for funding until the following project year unless the department so approves them in writing prior to the time at which costs start accruing.

(6) An eligible applicant intending to submit an application to support a new mass transit system shall notify the department of its intention no later than January 15 of the preceding year to be eligible for funding.

History

Cr. Register, November, 1978, No. 275, eff. 12-1-78; am. (2), cr. (5) and (6), Register, July, 1981, No. 307, eff. 8-1-81; am. (1), r. (3), renum. (4) to (6) to be (3) to (5), Register, May, 1982, No. 317, eff. 6-1-82; am. (2), Register, October, 1986, No. 370, eff. 11-1-86; r. and recr. (5) and cr. (6), Register, November, 2000, No. 539, eff. 12-1-00; CR 18-065: am. (1), cr. (1m), am. (2) to (6) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 4.08 State aid grant agreements {#sec-trans-4.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 4.08}

(1) For each calendar year, the department may execute an annual aid grant agreement with each eligible applicant.

(2) State aid grant agreements may be terminated by either the department or the applicant under the following conditions:

(a) By the department, if the department determines that the purpose of the aid program as expressed in s. 85.20, Stats., is not being fulfilled, or if the recipient fails to comply with the terms and conditions of the state aid grant agreement.

(b) By the recipient, if the recipient makes a formal application to the department to do so.

(3) A state aid grant agreement may be terminated as provided in sub. (2) by giving written notice of intent to terminate, sent by certified mail, at least 30 calendar days prior to the proposed termination date.

(4) State aid grant agreements shall require that recipients do the following:

(a) Pay the operating deficit of the mass transit system;

(b) Provide reduced fare programs for seniors and individuals with disabilities during nonpeak hours, except if the mass transit system is a shared-ride taxicab system. Reduced fares may not exceed one-half of the adult cash fare;

(d) Assure that the mass transit system will count “revenue passenger trips” in accordance with ch. Trans 3.

(e) Assure that the mass transit system will file any reports required by the department at a time and in a manner prescribed by the department. If any report is not filed as required, the department may withhold payments due a grant recipient until the report is filed in the manner and form prescribed;

(f) Assure that, if other local public bodies contribute assistance to the operation of the mass transit system, the state aids received are allocated among the contributors in accordance with any cost sharing agreement that is filed with the department. If no agreement is filed, the aids shall be distributed among the contributors in proportion to their contributions; and

(g) Assure that, if urban mass transit service is provided under a local public body contract with a private provider, the local public body makes payments to the private provider only on the basis of actual billed expenses.

History

Cr. Register, November, 1978, No. 275, eff. 12-1-78; r. and recr. Register, May, 1982, No. 317, eff. 6-1-82; emerg. r. and recr. (5), eff. 11-18-83; r. and recr. (5), Register, April, 1984, No. 340, eff. 5-1-84; am. (4) (b), (e) and (f), cr. (4) (g), Register, August, 1989, No. 404, eff. 9-1-89; am. (4) (b) and (e), Register, April, 1993, No. 448, eff. 5-1-93; am. (4) (b), Register, November, 2000, No. 539, eff. 12-1-00; CR 18-065: am. (title), (1), (2) (intro.), (a), (3), (4) (intro.), (b), (g), r. (5), (6) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 4.09 Planning requirements {#sec-trans-4.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 4.09}

The following requirements apply to all eligible applicants receiving assistance under s. 85.20, Stats.:

(1) Transit development programs. The applicant shall prepare and submit annually to the department a 4-year transit development program, in the form and manner prescribed by the department.

(2) Performance goals. The applicant shall establish annual service and performance goals for the coming 4 project years and assess the effectiveness of its operations in relation to those goals. The goals shall be submitted to the department as a part of the application for state aids. At a minimum, systemwide goals shall be established for the following performance indicators:

(a) The ratio of passengers, as expressed in unlinked trips to service area population.

(b) The ratio of operating expenses to passengers, as expressed in unlinked trips.

(d) The ratio of revenues to operating expenses.

(e) The ratio of passengers, as expressed in unlinked trips, to revenue hours.

(f) The ratio of revenue hours to service area population.

(3) Transit management plan. The applicant shall submit a transit management plan annually that meets the requirements of s. Trans 4.07 (1m). Each mass transit system’s policies and activities shall conform at all times to the transit management plan for the current project year. The applicant shall report to the department any proposed deviations from the transit management plan and shall not implement them prior to department concurrence. The department shall determine if a formal amendment to the transit management plan is required in all cases. The department may require the applicant to hold a public hearing on the proposed change prior to approving the proposal.

(4) Cost efficiency standards.

(a) The department shall assess the performance of each transit system receiving aid under the program on an annual basis, using the 6 performance indicators defined in sub. (2).

(b) The department will assign each mass transit system to a peer group based on operating characteristic similarities.

(c) The department shall establish standards for each of the 6 performance measures defined in sub. (2) based on arithmetic means, for each peer group. Systems that are within one standard deviation of the arithmetic mean shall be judged as in compliance with the standard for the measure. Systems whose performance is better than the one standard deviation shall also be judged as in compliance with the standard for the measure. Systems that meet the standards for 4 of the 6 performance measures shall be deemed in compliance with the cost efficiency standards, and no further action will be taken.

(d) If a transit system does not meet the cost efficiency standards as defined under par. (c), the department shall perform a time-trend analysis, analyzing the 6 performance measures over the most recent 5-year period. Data used will be the data from the preceding calendar year. A system showing improvement in 4 of the 6 indicators shall be deemed in compliance with the cost efficiency standards, and no further action will be taken.

(e) If a transit system does not meet the cost efficiency standards as defined under pars. (c) and (d), an assessment shall be made of the implementation status of recommendations made in the system’s most recent management performance audit. A system which has made significant progress in implementing the majority of recommendations targeted at improving efficiency shall be deemed in compliance with the cost efficiency standards, and no further action will be taken.

(f) If a transit system does not meet the cost efficiency standards as defined under pars. (c) to (e), the following actions shall be taken:

If management performance audit recommendations have not been implemented, the department shall provide technical assistance to aid in the implementation of the recommendations. If consultant services are necessary, the transit system shall pay the nonfederal share of the consultant’s costs.
If a management performance audit has not been conducted within the last 3 years, the department shall schedule an audit as soon as possible.

(g) Systems deemed out of compliance with the cost efficiency standards as defined in pars. (c) to (e) shall be given a 3-year period in which to comply before being assessed a revenue penalty. After 3 years of noncompliance, a 10% revenue penalty shall be imposed, which will limit state aids to 90% of the state aid the system would have been entitled to if it were in compliance with the cost efficiency standards. The penalty shall remain in effect until the system comes into compliance.

History

Cr. Register, May, 1982, No. 317, eff. 6-1-82; renum. to be (intro.) and (1), cr. (2) and (3), Register, August, 1990, No. 416, eff. 9-1-90; am. (2) (intro.), (a) to (c) and (e) and cr. (2) (f), Register, November, 2000, No. 539, eff. 12-1-00; cr. (4), Register, January, 2001, No. 541, eff. 2-1-01; CR 18-065: am. (intro.), (1), (2) (intro.), r. and recr. (3), renum. (4) (b) (intro.) to (4) (b) and am., r. (4) (b) 1. to 6., am. (4) (c), (d), (f) 1. Register October 2020 No 778, eff. 11-1-20.

Wis. Admin. Code § Trans 4.10 Management performance audits {#sec-trans-4.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 4.10}

The department shall conduct a management performance audit of all urban mass transit systems participating in the program at least once every 5 years. The department shall determine the scope of services for each audit in cooperation with the management of the mass transit system subject to the audit. This section does not apply to shared-ride taxicab systems.

History

Cr. Register, August, 1990, No. 416, eff. 9-1-90; am. Register, November, 2000, No. 539, eff. 12-1-00.

Chapter Trans 5 RIDESHARE ASSISTANCE PROGRAM

Wis. Admin. Code § Trans 5.01 Purpose and scope {#sec-trans-5.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 5.01}

The purposes of this chapter are to establish the department of transportation’s administrative interpretation of technical assistance in s. 85.24, Stats., and to prescribe administrative policies and procedures for implementing financial assistance under the Surface Transportation Assistance Act of 1978 in the loan and grant portion of the rideshare program for Wisconsin employers.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Wis. Admin. Code § Trans 5.02 Definitions {#sec-trans-5.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 5.02}

(1) “Department” means the department of transportation.

(2) “FHWA” means the federal highway administration.

(3) “Van” means a passenger vehicle with a capacity for 8 to 15 persons.

(4) “Ridesharing” has the same meaning as defined in s. 85.24, Stats.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Wis. Admin. Code § Trans 5.03 Technical assistance {#sec-trans-5.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 5.03}

(1) The department shall respond to requests for technical assistance in implementing ridesharing activities. The assistance may include, but not be limited to, computer and manual matching systems, training sessions, brokerage referrals and promotional materials that may be available. The department may require that technical assistance requests be made in writing and that appropriate information be supplied.

(2) The department may require payment of a fee, as determined by the department, in providing materials such as computer matching programs, but in no case shall the fee exceed actual costs incurred by the department.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Wis. Admin. Code § Trans 5.04 Financial assistance {#sec-trans-5.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 5.04}

(1) All Wisconsin employers, public agencies, or any combination thereof with a combined total of 15 or more employes are eligible to apply for financial assistance for the purchase of vans and implementation of rideshare programs. For purposes of this chapter, educational institutions above the high school level shall also be considered eligible applicants for commuting purposes by students, faculty and staff.

(2) To the extent that FHWA federal-aid funds are available for rideshare program purposes, approved applicants shall be offered interest-free, capital loans for up to 75% of van purchase costs. The loans shall be repaid on a quarterly basis over a four-year period with each payment equal to at least 1/16 of the total loan.

(3) All vans shall meet the specifications as the department may prescribe to be eligible for the loan provisions of this chapter.

(4) All loans shall be issued on a reimbursement basis following a proof of purchase review by the department.

(5) To the extent that FHWA federal-aid funds are available for rideshare program purposes, loan recipients may be offered administrative grants not to exceed $500.00 per loan-assisted van. The grants shall be matched with a 25% cash or in-kind recipient share.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Wis. Admin. Code § Trans 5.05 Applications {#sec-trans-5.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 5.05}

(1) Applications shall contain the information as the department shall prescribe in its information for applicants’ booklet. The booklets shall be available in all transportation region offices.

(2) Applications for loans and grants shall be submitted to the appropriate transportation region office. As long as FHWA federal-aid funds remain available, the department shall accept applications on a continuous basis.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82; corrections in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 5.06 Application evaluation {#sec-trans-5.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 5.06}

(1) The department shall review and evaluate all applications for conformity with the following program objectives: conservation of energy; reduction in traffic congestion; improvement of air quality; and efficient use of existing transportation systems and facilities.

(2) The department may reject applications for the following reasons:

(a) The project is not consistent with the intent of the department’s rideshare program objectives;

(b) The application is incomplete; or

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Wis. Admin. Code § Trans 5.07 Contracts {#sec-trans-5.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 5.07}

All approved applicants shall be required to execute contracts, which the department shall prepare, covering the terms and conditions of all financial assistance.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Wis. Admin. Code § Trans 5.08 Reporting requirements {#sec-trans-5.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 5.08}

All recipients of financial assistance under this chapter shall be obligated to submit an annual progress report to the department. The progress reports shall prescribe passengers carried, miles traveled, operating revenues and expenses, and other related statistical data that the department may require. Other available information may be required on periodic visits from department personnel for continued program development and improvement. The information may include administrative procedures, promotional activities, problems, solutions or unique successes.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Chapter Trans 6 RURAL AND SMALL URBAN AREA PUBLIC TRANSPORTATION ASSISTANCE PROGRAM

Wis. Admin. Code § Trans 6.01 Purpose and scope {#sec-trans-6.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 6.01}

The purposes of this chapter are to prescribe the department’s administrative interpretation of ss. 85.20 and 85.23, Stats., and to prescribe the administrative policies and procedures for implementing the federal program for public transportation projects in rural and small urban areas. This program is authorized by 49 USC 5311, as amended. The goal of this program is to enhance access of people in rural and small urban areas for purposes such as health care, shopping, education, recreation, public services, and employment by encouraging the maintenance, development, improvement and use of public transportation services.

History

Cr. Register, April, 1984, No. 340, eff. 5-1-84; CR 18-065: am. Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 6.02 Definitions {#sec-trans-6.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 6.02}

(1) “Capital equipment” means non-expendable personal property for use in the provision of public transportation service and having all of the following:

(a) A useful life of one year or more.

(b) An acquisition cost of $5,000 or more per unit.

(1g) “Capitalized maintenance project” means vehicle and facility related maintenance which a mass transit system has classified as a capital project as allowed under 49 USC chapter 53.

(1r) “Department” means the Wisconsin department of transportation.

(2) “Eligible applicant” means a local public body or federally recognized American Indian tribal governing body.

(2m) “Eligible project cost” means an expense that an eligible applicant incurs in the operation or capitalization of a public transportation service for which it is eligible to receive federal section 5311 funds.

(3) “Eligible public transportation service” means a public transportation service operating or designed to operate in rural or small urban areas.

(4) “Federal section 5311 funds” means all funds appropriated to the state for use in the federal program for public transportation projects in small urban, rural and intercity areas.

(4m) “Federal section 5307 funds” has the meaning given in s. Trans 8.02 (4).

(5) “Intercity bus service” means regularly scheduled bus service for the general public that operates over routes connecting 2 or more urbanized areas and serving rural or small urban areas, or both.

(5g) “Job access and reverse commute project” means a transportation project to finance planning, capital, or operating costs that support the development and maintenance of transportation services designed to transport welfare recipients and low-income individuals to and from jobs and employment-related activities, including transportation projects that facilitate the provision of public transportation services from rural and urbanized areas to suburban employment locations.

(5r) “Local contribution” means operating deficit less federal and state operating assistance received.

(6) “Local public body” means one the following:

(a) A county or a municipality as defined in s. 59.001 (3), Stats., or an agency thereof.

(b) A transit or transportation commission or authority, or a public corporation established by law or by interstate compact to provide mass transportation services and facilities.

(6m) “Low-income individual” means an individual whose family income is at or below 150 percent of the poverty line, as that term is defined in section 673 (2) of the Community Services Block Grant Act, 42 USC 9902 (2), including any revision required by that section.

(7) “Operating deficit” means the difference between the costs of operating an eligible public transportation service and the revenues derived therefrom. User subsidies such as transportation stamps are not considered to be operating project costs for purposes of this chapter.

(7m) “Operating project cost” means a cost accruing to a public transportation service by virtue of its operations, including a cost to subsidize fares paid by individuals with disabilities for transportation within the urban area of the eligible applicant, or its maintenance activities.

(8) “Private provider” means a privately owned (for-profit or nonprofit) entity that provides public transportation service.

(8m) “Project” means operation of a public transportation service or subsystem thereof during a project year, or purchase of capital equipment for use in a service or subsystem thereof.

(9) “Project year” means a calendar year.

(10) “Public transportation service” means a passenger transportation service that is provided to the general public on a regular and continuing basis by a public agency or private firm, and that is authorized by the office of the department secretary under ch. 194, Stats., unless exempt under s. 85.20 (5), Stats., or under ch. 194, Stats. The service may be provided by bus, rail, shared-ride taxicab or other conveyance. The service may constitute an entire public transit system or may be an individual route or a segment of a route provided by a common carrier of passengers. A transportation service provided exclusively for a subgroup of the general public is not considered to be a “public transportation service” for purposes of this chapter, unless it is part of an overall public transit service.

(10m) “Rural area” means an area that has not been designated as an “urban area” by the U.S. bureau of the census.

(11) “Small urban area” means any area that includes a city or village having a population of at least 2,500, but not more than 49,999. The department shall determine the population of a city or village within a small urban area using the most recent estimates prepared by the department of administration.

(12) “Station revenues” means those revenues which are derived from the operation of a public transportation facility. Such revenues include concessions, storage rentals, parking, office space rental, and other miscellaneous sources.

(13) “Through revenue” means revenue derived from passengers whose trips begin and end outside an eligible project route but whose route of travel includes the eligible project route.

(14) “Urbanized area” means an area of the state so defined by the U.S. bureau of the census.

(14m) “Useful life” means a minimum time period, specified by the department, during which an asset is expected to remain in suitable operating condition for continued use in its intended capacity.

(15) “User-side subsidy” means a program whereby users of a transit service are permitted to purchase transportation vouchers at prices substantially below the fares charged by the transit provider, or are given ride vouchers free of charge. Users may exchange these vouchers for transportation services, and the provider may then redeem them for the full fare.

(16) “Welfare recipient” means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act, 42 USC 601 et seq., at any time during the previous three-year period.

History

Cr. Register, April, 1984, No. 340, eff. 5-1-84; emerg. am. (2), renum. (8) to (13) to be (9) to (14), cr. (8), eff. 2-12-85; emerg. am. (2), renum. (8) to (13) to be (9) to (14), cr. (8) eff. 6-5-85; am. (2), Register, November, 1985, No. 359, eff. 12-1-85; cr. (4m), Register, December, 1987, No. 384, eff. 1-1-88; am. (10), renum. (12) and (13) to be (13) and (14), cr. (12), Register, October, 1989, No. 406, eff. 11-1-89; am. (10), Register, December, 1989, No. 408, eff. 1-1-90; renum. (5) to (14) to be (6) to (15), cr. (5), Register, January, 1993, No. 445, eff. 2-1-93; CR 18-065: renum. (1) to (1) (intro.) and am., cr. (1) (a), (b), (1g), (1r), am. (2), cr. (2m), am. (3) to (5), cr. (5g), (5r), renum. (6) to (6) (intro.) and am., cr. (6) (a) to (c), (6m), am. (7), cr. (7m), am. (8), cr. (8m), am. (10), cr. (10m), am. (12), (14), cr. (14m), am. (15), cr. (16) Register October 2020 No. 778, eff. 11-1-20; correction in (1g) made under s. 35.17, Stats., Register October 2020 No. 778; CR 22-048: am. (2) Register July 2023 No. 811, eff. 8-1-23.

(1) The federal share of an eligible public transportation service’s operating project costs shall not exceed 50% of its operating deficit, except for projects where the department uses capital cost of contracting procedures to determine the service’s reimbursement amount. On applicable projects, the capital cost of contracting reimbursement rate shall be based on allowances specified in federal transit law or guidance. The following operating revenues and expenses shall be used to establish the project operating deficit:

(a) Operating revenues shall consist of all passenger revenue derived from the project service, including the portion of through revenue attributed to eligible project routes, station revenues derived from the project service and any unrestricted federal, state or local funds received as a result of providing the project service that are not used to match federal section 5311 funds. Operating revenues also may include income generated through approved job access and reverse commute type projects, consistent with 49 USC 5311.

Note: Charter, package delivery, and package express operating expenses and revenues for all applicants are assumed to be equal and, therefore, shall not have any net financial effect on the project.

(b) Eligible operating costs are those transportation and overhead expenses associated with the provision of public transportation service including labor, fringe benefits, materials and supplies, utilities, insurance, purchased transportation service, license fees and certain lease expenses. They also may include other expenses associated with approved job access and reverse commute type projects, consistent with 49 USC 5311. The following are not eligible project costs:

Depreciation and amortization for publicly owned facilities and equipment;
Expenses that are offset or that will be offset by means that include, but are not limited to, cash discounts or refunds, tax rebates including fuel tax rebates, insurance proceeds or resale proceeds;
Interest expense, except that privately owned systems may include interest on short-term debt obligation;
Return on investment, except that a private provider that negotiates all or part of a transportation service contract with an eligible applicant is eligible for a return on its investment. Its return on investment shall be a fixed amount and may not exceed an amount calculated by applying the interest rate the secretary of the treasury specifies under 50 USC App. 1215 (b) (2) as applicable to the period ending on December 31 of the year prior to the project year to the net book value of the private provider’s equipment and facilities used in providing the contracted transportation service;
Lease-purchase payments;
Lease payments to a related party which are made under less than an arm’s length agreement. Only actual eligible project costs of owning the property, including depreciation and taxes, shall be allowed;
Lease payments by small urban area systems for revenue passenger vehicles unless, and only for the term, pre-approved by the department;
Entertainment costs;
Fines and penalties;
Bad debts;
Charitable deductions;
User-side subsidies except those specifically funded under an intercity bus project;
Payments to members of advisory committees, transit commissions or transit boards;
Federal, state and local income taxes;
Expenses related to contractual agreements for special planning studies;
Expenses for contingencies or capital acquisitions, including contributions to a capital reserve account or fund. The cost of materials and supplies utilized in facility or vehicle repairs, regardless of cost, shall be considered as eligible operating costs so long as the repairs involve replacement of existing items.
Fees imposed upon a contracted service provider by the grant recipient, such as taxicab license fees.
Job access and reverse commute project expenses, except in cases where the recipient’s grant agreement with the department explicitly authorizes use of federal funds for such project(s).

(c) An eligible applicant that contracts with a provider for eligible public transportation service shall use the competitive procurement process set forth in this paragraph to choose a provider. An eligible applicant shall follow this competitive procurement process for each of its eligible public transportation service contracts not less than once every 5 years. If, however, service is provided by a transit commission formed in accordance with an applicable enabling statute, the competitive procurement process need not be used. Eligible applicants shall use the following competitive procurement process:

An eligible applicant shall prepare a “request for proposals” document that solicits proposals from providers and that describes essential provider qualifications and criteria for evaluating proposals. The eligible applicant shall send the document to the department for its approval and, after receiving departmental approval, shall post it along with any ancillary documents on the department of administration’s statewide goods and services electronic purchasing system website. The eligible applicant shall also cause an appropriate notice of the request for proposals to be published in a local newspaper of general circulation.
If only one qualified provider submits a proposal to provide the eligible public transportation service and the proposal satisfies all requirements of the eligible applicant’s request for proposals, the eligible applicant may negotiate a contract with that provider. The negotiated contract shall be subject to the department’s approval.
If 2 or more qualified providers submit proposals to provide the eligible public transportation service and the proposals satisfy all requirements of the eligible applicant’s request for proposals, the eligible applicant shall rank each provider on the criteria set forth in the request for proposals, and may negotiate a contract with the highest-ranking provider.
An eligible applicant shall establish an appropriate procedure for resolving bid proposal complaints and conflicts. The department shall consider procedural complaints or conflicts that include, but are not limited to, complaints that allege that established proposal evaluation procedures have not been followed. The department shall not review the substance of an eligible applicant’s decision to select a particular service provider. This subdivision may not limit the department’s authority to review an eligible applicant’s actions or inactions under this section or under other state or federal law.

(d) Paragraph (c) applies only to eligible applicants filing applications due on or after November 15, 1988.

(2) The federal share of capital project costs shall not exceed 80% of eligible costs, except that the federal share of vehicle-related equipment required by the Clean Air Act or the Americans with Disabilities Act of 1990 may, at the department’s discretion, be up to 90% of the net project cost of such equipment. The department shall establish the appropriateness of each capital expenditure. Where capital equipment is to be shared with parties not directly involved in the provision of the project service, the department will consider the equipment eligible for funding only if the applicant satisfactorily demonstrates that it will be used for the project service at least 50% of the available time. In such cases, the project cost shall be prorated according to the use percentage.

(3) No eligible applicant may use funds received from the United States department of transportation as part of its local contribution towards operating and capital project costs. This includes federal section 5311 operating assistance funds received in past calendar years.

History

Cr. Register, April, 1984, No. 340, eff. 5-1-84; emerg. am. (1) (b) 1., 3., 4., and 6., eff. 2-12-85; am. (1) (b) 1., 3., 4., 6. and 7., Register, November, 1985, No. 359, eff. 12-1-85; am. (1) (a) and (b) 4., r. and recr. (1) (b) 2., cr. (1) (c) and (d), Register, December, 1987, No. 384, eff. 1-1-88; reprinted to restore dropped copy in (1) (b) (intro.), Register, May, 1988, No. 389; am. (1) (a), (c) 3. and (2), cr. (1) (b) 18., Register, October, 1989, No. 406, eff. 11-1-89; am. (1) (b) 12. and 17., (c) and (2), Register, January, 1993, No. 445, eff. 2-1-93; CR 18-065: am. (1) (intro.), (a), (b) (intro.), 4., 6., 7., r. (1) (b) 16., am. (1) (b) 17., 18., cr. (1) (b) 19., am. (1) (c) 1. to 4., (2), cr. (3) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 6.04 Distribution of federal aids {#sec-trans-6.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 6.04}

(1) The state’s annual apportionment of federal section 5311 funds shall be distributed as follows:

(a) Up to 10% will be reserved by the department for administrative and technical assistance purposes. Such technical assistance may include project planning, program development, management development, coordination of public transportation programs and research the department deems appropriate to promote effective means of delivering public transportation services in rural and small urban areas. Any uncommitted balance of the state’s apportionment of administrative funds from a preceding project year may be used during subsequent years until the balance is depleted.

(b) Apportionments are initially available for operating assistance grants to eligible applicants, but when combined with state s. 85.20, Stats., operating assistance funds are limited to the lesser of either the operating deficit or 65% of the total eligible operating project costs. No city, village, or town may receive federal section 5311 funds to operate a municipal bus transportation system unless the system is approved by action of its governing body and by referendum vote of its electorate pursuant to s. 66.0803 (2) (a), Stats.

(c) Any balance remaining in the apportionment referred to in par. (b) after operating assistance limits are met under par. (b) shall be available to all eligible applicants for capital grants awarded in accordance with criteria set forth under s. Trans 6.06.

(d) Any balance remaining in the apportionment after capital assistance needs are met under par. (c) shall be available to all eligible applicants for operating assistance beyond the 65% limitation initially imposed in par. (b), not to exceed allowable limits under 49 USC 5311.

(e) Not less than 15% of the apportionment made available to the state shall be used for the development and support of intercity bus service. Eligible activities under this program may include planning and marketing, capital grants for intercity bus shelters, joint-use stops and depots, operating grants through purchase-of-service agreements, user-side subsidies and demonstration projects, and coordination of rural connections between small transit operations and intercity bus carriers. This requirement is effective unless the governor certifies that the intercity bus service needs of the state are adequately being met.

(2) Any uncommitted balances of the state’s apportionments or any unexpended balances from previous obligations shall be carried forward to the following year.

History

Cr. Register, April, 1984, No. 340, eff. 5-1-84; emerg., am. (1) (c), eff. 2-12-85; emerg. am. (1) (c), eff. 6-5-85; am. (2), Register, November, 1985, No. 359, eff. 12-1-85; am. (1) (c), cr. (1) (d), Register, December, 1989, No. 408, eff. 1-1-90; emerg. r. (1) (b), renum. (1) (c) and (d) to be (1) (b) and (c) and am., cr. (1) (d), eff. 2-20-92; r. (1) (b), renum. (1) (c) and (d) to be (1) (b) and (c) and am., cr. (1) (d), Register, June, 1992, No. 438, eff. 7-1-92; cr. (1) (e) Register, January, 1993, No. 445, eff. 2-1-93; am. (1) (e), Register, July, 1996, No. 487, eff. 8-1-96; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 18-065: am. (1) (intro.), (a), (b), (d), (e) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 6.05 Operating grants to rural and small urban areas {#sec-trans-6.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 6.05}

Subject to the limitations set forth in s. Trans 6.03 (1), the operating assistance funds available in s. Trans 6.04 (1) (b) and (d) shall be allocated among eligible applicants in proportion to each applicant’s share of the projected operating project costs of all applications.

History

Cr. Register, April, 1984, No. 340, eff. 5-1-84; emerg. am. eff. 2-20-92; am. Register, June, 1992, No. 438, eff. 7-1-92; CR 18-065: am. (title) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 6.06 Capital grants {#sec-trans-6.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 6.06}

(1) When awarding capital assistance funds under s. Trans 6.04 (1) (c), the department shall consider the age and condition of items for which eligible applicants request funding, and the following funding hierarchy:

(a) Urgent capital needs that, based on available information, the department deems critical to transportation safety, operations, or asset management;

(b) Replacement of vehicles operated by existing systems;

(d) Replacement of maintenance and storage facilities of existing systems;

(e) Purchase of vehicles by existing systems for expansion of transit services;

(f) Expansion and rehabilitation of maintenance and storage facilities of existing systems;

(g) Purchase and installation of passenger amenities for existing systems such as shelters and bus stop signs;

(h) Capitalized maintenance projects for existing transit systems;

(i) Mobility management projects;

(j) Job access and reverse commute projects, except where the department evaluates these projects through a stand-alone process using a set-aside of section 5311 funds; and

(k) Other capital projects for which the use of section 5311 is permitted under 49 USC chapter 53.

(2) The department shall make awards until all allocated funds are committed. If available funds are not sufficient to fund all capital requests, then the department may, after consulting with applicants, reduce the scope or modify the timing of proposed projects to fit available funding.

History

Cr. Register, April, 1984, No. 340, eff. 5-1-84; r. (1) (a), renum. (1) (b) to (g) to be (1) (a) to (f) and am. (1) (b), Register, November, 1985, No. 359, eff. 12-1-85; emerg. am. (1) (intro.), eff. 2-20-92; am. (1) (intro.), Register, June, 1992, No. 438, eff. 7-1-92; CR 18-065: r. and recr. Register October 2020 No. 778, eff. 11-1-20; correction in (1) (a) made under s. 35.17, Stats., Register October 2020 No. 778.

Wis. Admin. Code § Trans 6.07 Application for federal aids {#sec-trans-6.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 6.07}

(1) Eligible applicants may apply to the department for federal section 5311 funds. If more than one local public body will financially participate in the project, one body shall submit a single application on behalf of all. In those cases, the federal aids received shall be allocated among all local public bodies in proportion to each one’s share of eligible project costs.

(2) Applications shall be submitted to the department no later than December 15 of the year immediately preceding the project year. The department may accept revisions to a submitted application during the application review period. No application for operating assistance or capital assistance received after December 15 of the year immediately preceding the project year may be funded unless the department secretary determines that a later date is appropriate in order to properly respond to an emergency.

(3) The transit services receiving financial assistance may be operated for less than a calendar year.

(4) Applications shall be made in a manner and form prescribed by the department in accordance with governing federal regulations.

(5) All applicants shall submit their applications to the department’s bureau of transit, local roads, railroads and harbors.

(7) The department reserves the right to reject applications for any of the following reasons:

(a) The proposed project is not consistent with the intent of the federal section 5311 program;

(b) Insufficient federal funds are available;

(d) The proposed project is not effective and efficient when compared to projects of a similar type. Such measures as the ratio of operating revenues to operating expenses, passengers per mile of service, operating expenses per passenger, and passengers per population served may be used to determine effectiveness and efficiency.

History

Cr. Register, April, 1984, No. 340, eff. 5-1-84; emerg. am. (2) eff. 6-5-85; am. (2), Register, November, 1985, No. 359, eff. 12-1-85; am. (2), Register, December, 1987, No. 384, eff. 1-1-88; am. (2) and (5), Register, January, 1993, No. 445, eff. 2-1-93; correction in (6) made under s. 13.92 (4) (b) 6., Stats., Register March 2012 No. 675; corrections in (5), (6) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686; CR 18-065: am. (1) to (3), (5), r. (6), am. (7) (a), (b) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 6.08 Reporting requirements {#sec-trans-6.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 6.08}

All grant recipients shall maintain books and records in the manner required by the department and shall make periodic and special reports as required by the department or by governing federal regulations. If the reports are not filed as required, the department may withhold grant payments due the recipient until the recipient’s reports are filed as required.

History

Cr. Register, April, 1984, No. 340, eff. 5-1-84; am. Register, January, 1993, No. 445, eff. 2-1-93.

Wis. Admin. Code § Trans 6.09 Labor protection requirements {#sec-trans-6.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 6.09}

Each eligible applicant, through formal resolution by its governing body, shall assume all responsibility and liability for all labor protection requirements imposed by the federal government to implement section 13 (c) of the urban mass transportation act of 1964, as amended. The department shall not fund any applicant that fails to comply with this section.

History

Cr. Register, April, 1984, No. 340, eff. 5-1-84.

Wis. Admin. Code § Trans 6.10 Property management and disposition {#sec-trans-6.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 6.10}

(1) Grant recipients shall retain ownership of, and exercise continuing control over, equipment and facilities purchased with federal section 5311 funds throughout their useful life. Grant recipients shall ensure that equipment and facilities so purchased are maintained consistent with manufacturer instructions, sound asset management practices, and the terms of their grant agreements with the department.

(2) Grant recipients shall report on equipment and facilities purchased with federal section 5311 funds in a manner, format, and timeframe that the department specifies.

(3) Grant recipients shall request disposal instructions from the department when they are ready to dispose of any equipment or facilities purchased with federal section 5311 funds.

(4) Proceeds received from the disposition of equipment and facilities may be retained by the grant recipient subject to the provision of sub. (4m) below but shall be used for public transit purposes consistent with applicable federal transit administration guidelines, such as the following:

(a) To purchase additional capital equipment.

(b) To pay expenses of the operating assistance project.

(d) To pay the local share of operating assistance projects.

(4m) For each disposition of a federally funded asset that generates proceeds in excess of $5,000, the federal transit administration is due the federal share of the proceeds.

(5) Any use by the grant recipient of proceeds from the disposal of equipment or facilities requires prior approval of the department. Records shall be maintained by the grant recipient to permit tracking of the use made of the disposal proceeds.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89; CR 18-065: r. and recr. (1), (2), am. (3), (4) (intro.), cr. (4m), am. (5), r. (6) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 6.11 Federal aid grant agreements {#sec-trans-6.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 6.11}

No eligible applicant shall receive federal section 5311 funds without full execution of a grant agreement with the department, and continuing adherence to the terms therein.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 18-065: r. and recr. Register October 2020 No. 778, eff. 11-1-20.

Chapter Trans 8 ALLOCATION OF FEDERAL PUBLIC TRANSIT ASSISTANCE PROGRAM FUNDS TO URBANIZED AREAS UNDER 200,000 POPULATION

Wis. Admin. Code § Trans 8.01 Purpose and scope {#sec-trans-8.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 8.01}

The purpose of this chapter is to prescribe the policies and procedures which the department, acting on behalf of the governor, will use for the distribution of federal funds apportioned to the state of Wisconsin for mass transit assistance to urbanized areas of under 200,000 population. This program is authorized by 49 USC 5307.

History

Cr. Register, January, 1987, No. 373, eff. 2-1-87; am., Register, November, 2000, No. 539, eff. 12-1-00; CR 18-065: am. Register October 2020 No. 778 eff. 11-1-20; correction made under s. 35.17, Stats., Register October 2020 No. 778.

Wis. Admin. Code § Trans 8.02 Definitions {#sec-trans-8.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 8.02}

(1) “Capital assistance” means provision of funds to pay part of the cost of a capital project.

(1m) “Capital project” means any of the following for an eligible mass transit system:

(a) The acquisition, construction, reconstruction or improvement of facilities.

(b) The acquisition of vehicles or equipment.

(2) “Capitalized maintenance project” means vehicle and facility related maintenance which a mass transit system has classified as a capital project as allowed under 49 USC chapter 53.

(2m) “Department” means the Wisconsin department of transportation.

(2r) “Eligible recipient” means a local public body in an urbanized area under 200,000 population that has been designated as a recipient of federal section 5307 funds by the secretary of the department of transportation acting on behalf of the governor.

(3) “Eligible urban mass transit system” means a mass transit system operating or designated to operate in urbanized areas of less than 200,000 population.

(4) “Federal section 5307 funds” means all federal funds apportioned to the state for distribution by the governor for urban mass transit operating assistance and capital assistance in urbanized areas under 200,000 population.

(5) “Local public body” has the meaning given in s. Trans 4.02 (2).

(6) “Mass transit system” has the meaning given in s. Trans 4.02 (3).

(7) ‘‘Operating assistance” means a subsidy to pay part of the operating deficit of an eligible urban mass transit system.

(8) “Operating deficit” has the meaning given in s. Trans 4.02 (3g).

(10) “Project” means a capital project or operation of a mass transit system or subsystem thereof during a project year.

(11) “Project year” means a calendar year.

(12) “Urbanized area” means an area of the state so defined by the U.S. bureau of the census.

(13) “Useful life” means a minimum time period, specified by the department, during which an asset is expected to remain in suitable operating condition for continued use in its intended capacity.

History

Cr. Register, January, 1987, No. 373, eff. 2-1-87; renum. and am. (2) to be (2r), cr. (2), (2m) and (11m) and am. (4), (7) and (10), Register, November, 2000, No. 539, eff. 12-1-00; reprinted to correct printing error in sub. (7), Register, March, 2001, No. 543; CR 18-065: r. and recr. (1), cr. (1m), am. (2), (2r), (4) to (6), (8), r. (9), r. and recr. (10), r. (11m), am. (12), cr. (13) Register October 2020 No. 778, eff. 11-1-20; correction in (2) made under s. 35.17, Stats., Register October 2020 No. 778.

Wis. Admin. Code § Trans 8.03 Distribution of federal assistance {#sec-trans-8.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 8.03}

The governor’s annual apportionment of federal section 5307 funds shall be distributed as follows:

(1)

(a) Funds apportioned to the governor and made available by the department for operating assistance shall be allocated annually among eligible recipients in proportion to each recipient’s share of the projected operating expenses of all eligible recipients for the project year. No recipient may receive an allocation that exceeds 50% of its operating deficit for any project year in accordance with 49 USC 5307 (d) (2); and no recipient shall receive an allocation that when combined with the state s. 85.20, Stats., operating assistance funds exceeds 60% of its projected operating expenses.

(b) The department shall provide to each eligible recipient projections of state and federal fund amounts for operating assistance which will be allocated to each recipient for the next project year as soon as possible after October 1, based on the best information available at the time regarding state and federal budgeted amounts and the operating assistance needs of the recipients.

(2) Funds apportioned to the governor and not allocated for operating assistance under sub. (1) shall be made available on an annual basis to eligible recipients to cover up to 80% of the cost of capital projects, or at the department’s discretion up to 90% of the costs of projects required to comply with the Americans with Disabilities Act or Clean Air Act. In any project year in which requests for capital assistance exceed available funds, the department shall rank the requests in consultation with eligible recipients. The ranking shall consider the age and condition of capital items requiring replacement or rehabilitation, and transit system needs. The department shall consider the following hierarchy, along with emergent capital needs among eligible recipients, when selecting projects for funding:

(a) Projects to replace or rehabilitate existing vehicles and maintenance equipment.

(b) Projects to improve or rehabilitate existing maintenance and storage facilities.

(d) Projects to purchase vehicles necessary to expand transit service.

(e) Projects to construct new maintenance and storage facilities and major passenger transfer facilities.

(f) Capitalized maintenance projects for existing transit systems.

(g) Other capital projects for which the use of section 5307 funds is permitted under 49 USC chapter 53.

(3) Any uncommitted balances of the governor’s apportionment after capital assistance needs are met under sub. (2) and any unexpended balances from previous years under this section shall be carried forward to the following year.

History

Cr. Register, January, 1987, No. 373, eff. 2-1-87; emerg. am. (1) (a) and (3), eff. 2-20-92; am. (1) (a) and (3), Register, June, 1992. No. 438, eff. 7-1-92; am. (intro.), (1) (b) and (3), r. (2) (b), renum. and am. (2) (a) (intro.) to be (2) (intro.), and (2) (a) 3. to be (2) (c), renum. (2) (a) 1., 2., 4. and 5. to be (2) (a), (b), (d) and (e), Register, November, 2000, No. 539, eff. 12-1-00; CR 18-065: am. (title), (1), (2) (intro.), (a), cr. (2) (f), (g), am. (3) Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 8.04 Reporting requirements {#sec-trans-8.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 8.04}

All eligible recipients receiving a grant of federal section 5307 funds shall maintain books and records in the manner required by the department and shall submit periodic and special reports as required by the department or by applicable federal regulations.

History

Cr. Register, January, 1987, No. 373, eff. 2-1-87; am., Register, November, 2000, No. 539, eff. 12-1-00; CR 18-065: am. Register October 2020 No. 778, eff. 11-1-20.

Chapter Trans 10 TRANSIT SAFETY OVERSIGHT PROGRAM FOR RAIL FIXED GUIDEWAY TRANSPORTATION SYSTEMS

Wis. Admin. Code § Trans 10.01 Purpose and scope {#sec-trans-10.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 10.01}

(1) Statutory authority. This chapter interprets and implements s. 85.066 (2), Stats., and establishes the administrative policies and procedures for the transit safety oversight program for rail fixed guideway transportation systems in the state, in accordance with 49 USC 5329 and 49 CFR Part 674.

(2) Applicability. This chapter applies to the department and any person that owns, operates, or provides services on a rail fixed guideway transportation system in the state.

History

CR 17-070: cr. Register May 2018 No. 749, eff. 6-1-18.

Wis. Admin. Code § Trans 10.02 Definitions {#sec-trans-10.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 10.02}

In this chapter:

(1) “Agency safety plan” means the document or documents describing a rail transit agency’s safety policies, objectives, responsibilities, and procedures.

(2) “Department” means the Wisconsin department of transportation.

(3) “FTA” means the federal transit administration, an agency within the United States department of transportation.

(4) “National public transportation safety plan” means the federal plan to improve the safety of all public transportation systems that receive federal financial assistance under Chapter 53 of title 49 of the United States Code .

(5) “Person” means any natural person, partnership, corporation, business entity, or governmental body.

(6) “Public transportation safety certification training program” means either the federal interim provisions made in accordance with 49 USC 5329(c)(2), or the federal program authorized by 49 USC 5329(c)(1).

(7) “Rail fixed guideway transportation system” or “rail transit system” has the same meaning given in s. 85.066 (1), Stats.

(8) “Rail transit agency” means any person who provides services on a rail fixed guideway transportation system.

History

CR 17-070: cr. Register May 2018 No. 749, eff. 6-1-18; s. 35.17 correction in (4), (6).

Wis. Admin. Code § Trans 10.03 Transit safety oversight program {#sec-trans-10.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 10.03}

(1) Designation of oversight agency. The department is the designated state safety oversight agency for the state, and shall develop and administer the transit safety oversight program for rail fixed guideway transportation systems in the state, as authorized by s. 85.066 (2), Stats., and as required by 49 USC 5329 and 49 CFR Part 674.

(2) Requirements of oversight agency. The department shall, per requirements under 49 CFR Part 674, do all of the following:

(a) Unless relieved of such requirement by federal waiver, the department shall do all of the following:

Remain financially and legally independent from any rail transit agency under the department’s oversight under this chapter.
Prohibit any rail transit agency under the department’s oversight under this chapter from providing funds to the department.
Prohibit department provision of direct public transportation services in an area with a rail fixed guideway transportation system under the department’s oversight.

(b) Prohibit departmental employment of any individual who administers, provides services to, or serves as a contractor for, a rail fixed guideway transportation system under the department’s oversight.

(c) Determine whether departmental employees or other personnel responsible for safety oversight of rail fixed guideway transportation systems under the department’s oversight are qualified to perform their functions by ensuring compliance with requirements of the public transportation safety certification training program, as applicable.

(3) Authority of oversight agency. The department shall oversee, enforce, investigate, and audit all safety aspects of all rail fixed guideway transportation systems in the state, in accordance with the program standard established under this chapter and applicable federal and state law, by doing all of the following:

(a) Reviewing and approving the agency safety plan of each rail transit agency for all rail fixed guideway transportation systems under the department’s oversight.

(b) Overseeing and enforcing rail transit agency compliance in execution of its agency safety plan by ordering corrective action plans or by any other means, as necessary or appropriate.

(d) Conducting, or causing to be conducted, inspections, audits, or investigations, of safety-related events and deviations in compliance by a rail transit agency from its agency safety plan.

(e) Adopting and enforcing minimum standards for the safety of rail fixed guideway transportation systems under the department’s oversight.

History

CR 17-070: cr. Register May 2018 No. 749, eff. 6-1-18; s. 35.17 correction in (1).

Wis. Admin. Code § Trans 10.04 State safety oversight program standard {#sec-trans-10.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 10.04}

The department shall adopt and distribute a written state safety oversight program standard, as required by 49 CFR 674.27 and consistent with the national public transportation safety plan. The department shall annually submit to FTA any revisions of its program standard, and shall distribute the most recent version of the program standard evaluated by FTA to all rail transit agencies under the department’s oversight.

Note: The current version of the state safety oversight program standard is on file with the department’s Public and Specialized Transit Section and available by accessing the department’s public website at http://wisconsindot.gov/Pages/doing-bus/local-gov/astnce-pgms/transit/compliance/safety-rail.aspx or upon request.

History

CR 17-070: cr. Register May 2018 No. 749, eff. 6-1-18.

Chapter Trans 28 HARBOR ASSISTANCE PROGRAM

Wis. Admin. Code § Trans 28.01 Purpose and scope {#sec-trans-28.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 28.01}

The purpose of this chapter is to set forth the department’s administrative interpretation of s. 85.095, Stats., and to prescribe the administrative policies and procedures for implementing the harbor assistance program authorized by s. 85.095, Stats.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 01-117: am. Register March 2002 No. 555, eff. 4-1-02.

Wis. Admin. Code § Trans 28.02 Definitions {#sec-trans-28.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 28.02}

As used in this chapter:

(1) “Commercial transportation facility” means a facility used by vessels under construction or repair, by vessels transporting passengers or commodities or by commercial fishing vessels, but does not include a facility used on a regular basis by recreational or sport fishing vessels.

(1m) “Cruise vessel” means a passenger vessel as defined in 46 USC 2101(22) or a small passenger vessel as defined in 46 USC 2101(35) that provides overnight accommodations for at least 50 passengers for hire and operates on a schedule between 2 points of sailing. Cruise vessels are not considered to be recreational vessels.

(2) “Department” means the Wisconsin department of transportation.

(3) “Disposal facility” means containment facilities, diked or undiked disposal sites, or transfer sites for future beneficial reuse.

(4) “Disposal facility costs” means costs of acquisition, construction, operation, or physical maintenance of a disposal facility.

(5) “Dock wall” means any bulkhead, pier or shoreline development used as a commercial transportation facility.

(6) “Dredging” means the excavating of harbor sediment or bottom materials, including the mobilization or operation of equipment for excavation, the sampling and analysis of sediment to determine the composition of material to be dredged or the transportation of dredged material to and placement of dredged material in a disposal facility.

(7) “Dredged material disposal” means placing dredged material in a disposal facility.

(8) “Eligible applicant” has the meaning given in s. 85.095 (1) (a), Stats.

Note: Federally recognized tribal governing bodies are also eligible applicants, based on s. 20.002(13), Stats.

(9) “Eligible costs” means costs approved in a grant agreement.

(9m) “Ferry” means a passenger vessel that has provisions for deck passengers or vehicles, or both, and operates on a regular schedule between a minimum of 2 points.

(10) “Maintenance dredging” means dredging in an area previously dredged to the dimensions agreed upon in the grant agreement, but does not include dredging to greater dimensions than those to which the area has been previously dredged.

(11) “Project priority list” means a ranking by the department, assisted by an advisory council as described in s. Trans 28.06 (3), of various eligible applicant-proposed harbor improvement projects in the rank order in which the department proposes to fund the various projects.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 01-117: cr. (1m) and (9m) Register March 2002 No. 555, eff. 4-1-02; CR 05-019: am. (5), (8) and (11) Register July 2005 No. 595, eff. 8-1-05.

Wis. Admin. Code § Trans 28.03 Harbor assistance program objective {#sec-trans-28.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 28.03}

The objective of the harbor assistance program is to assist the eligible applicant to provide necessary water access and to maintain or improve the economically effective commodity movement capabilities of Wisconsin’s harbors on the Great Lakes or the Mississippi River system.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 05-019: am. Register July 2005 No. 595, eff. 8-1-05.

Wis. Admin. Code § Trans 28.04 Eligible projects {#sec-trans-28.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 28.04}

(1) Description. Every eligible harbor assistance project shall benefit a commercial transportation facility. Eligible harbor assistance projects include dockwall and disposal facility construction, repair, maintenance or rehabilitation; maintenance dredging of materials from a harbor or dredging of new harbor areas; dredged material disposal; and other harbor improvements related to the physical needs of a port that maintain or increase commodity or passenger movement capabilities.

(2) Location. Eligible projects shall be located only in Great Lakes or Mississippi River system harbors where vessels take on or discharge a combined total of more than 1,000 tons of commercial cargo per year; where commercial, naval or recreational vessels are built; where passenger or vehicle–carrying ferry service connects the Wisconsin communities along the Great Lakes and Mississippi River, or connects the Wisconsin mainland with other states, Canadian provinces or populated islands in Wisconsin or where commercial fishing vessels unload fish. The U.S. army corps of engineers’ annual tonnage figures shall be the basis for the tonnage determination; where tonnage figures are not available, the eligible applicant shall provide tonnage figures based on auditable records.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 01-117: am. (1) and (2) Register March 2002 No. 555, eff. 4-1-02; CR 05-019: am. (2) Register July 2005 No. 595, eff. 8-1-05.

Wis. Admin. Code § Trans 28.05 Project selection {#sec-trans-28.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 28.05}

(1) The department shall base its project selection on the following criteria, listed in each paragraph in descending order of importance:

(a) Economic impact of the project:

Indicators of expected economic impact shall be determined by a benefit–cost analysis. Benefits must exceed costs for the project to be further evaluated for funding.
The expected number of jobs created by a project or lost by not completing a project shall be considered.

(b) Type and urgency of the project:

An urgent project shall be given priority. A project is urgent if:

a. Harbor depth is less than, or within 18 months after the application date is projected to be less than, the navigation depth required for harbor usage.

b. A dockwall has deteriorated so that a terminal facility is not, or within 18 months after the application date is projected to be not, usable for terminal purposes.

c. Failure to complete the project would decrease passenger or commodity movement through a harbor or through a commercial, transportation facility by 25% or more.

The following project types shall have the following priority order for grant award:

a. Maintenance dredging of materials with its attendant disposal where maintenance is the responsibility of a local government and is performed outside a United States corps of engineers project area.

b. Dockwall repair or maintenance.

c. Maintenance dredging and disposal within a United States corps of engineers project area.

d. New project development of a commercial transportation facility, where the development involves dredging, dredged material disposal and dockwall construction.

e. Maintenance of a commercial transportation facility other than maintenance described in subd. 2. a., b. or c.

f. New project development of a commercial transportation facility other than that development described in subd. 2. d.

(c) Amount of tonnage and waterborne transportation: Higher priority shall be given to projects in harbors with larger amounts of tonnage and waterborne transportation, and a lower priority shall be given to projects in harbors with lesser amounts of tonnage and waterborne transportation. Improvements that benefit cruise vessels shall be of lower priority than improvements benefiting vessels transporting cargo or operating as ferries.

(2) The department may deny funding of otherwise eligible projects if:

(a) The application was submitted by an ineligible applicant or was submitted after the due date.

(b) The application is incomplete.

(d) Harbor assistance program funds are inadequate.

(e) The project is speculative; that is, the eligible applicant for a new project development has no firm financial commitment from a potential lessee or operator that ensures future, productive use of the work performed under the project.

(f) The project has a lower priority than others requiring harbor assistance program funding during the current biennium.

(g) The eligible applicant has not met the program planning requirements under s. Trans 28.10.

(h) The project proposed is inconsistent with applicable harbor development plans or local comprehensive plans.

(3) The department shall establish an advisory council, under authority of s. 15.04 (1) (c), Stats., to evaluate harbor assistance program project applications. The advisory council shall include a representative of the Wisconsin Economic Development Corporation and of the Wisconsin coastal management council and shall include 2 or 3 other persons familiar with water transportation. Consistent with this chapter, the advisory council shall evaluate and rank the proposed projects and shall recommend to the department the priority of the projects to be funded.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; CR 01-117: am. (1) (a) 1., (c), and (3) Register March 2002 No. 555, eff. 4-1-02; CR 05-019: am. (1) (b) 2. d. to f., (2) (e) and (g) Register July 2005 No. 595, eff. 8-1-05; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674.

Wis. Admin. Code § Trans 28.06 Grant award {#sec-trans-28.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 28.06}

(1) The department shall annually establish deadlines for filing harbor assistance project applications and shall give appropriate notice of the deadlines. Notice shall be by mail, sent to every eligible applicant that has met the planning requirements under s. Trans 28.10. The department shall issue notice of the grant awards within 180 days after an application deadline. No grant funds may be committed to an eligible applicant until a grant agreement is negotiated and signed by the department and the eligible applicant.

(2) The department may rescind grant awards in whole or in part if:

(a) All legally required permits are not obtained by July 1 of the calendar year for which a grant is awarded;

(b) Local matching funds are not advanced when due;

(d) Work eligible for grant reimbursement is not begun in the calendar year for which the grant was awarded;

(e) A significant change in the project scope occurs after notice of the grant award is issued; or

(f) The grantee is in default under the grant agreement.

(3) The department shall rescind a grant award if the eligible applicant withdraws its application or is unable to enter a grant agreement in the calendar year for which the grant is awarded.

(4) Recision of a grant award, in whole or in part, shall permit the department to award a grant to the next, most highly ranked, unfunded project on the current project priority list that can be funded under the requirements of this chapter.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 05-019: am. (1) Register July 2005 No. 595, eff. 8-1-05.

Wis. Admin. Code § Trans 28.07 Grant amounts {#sec-trans-28.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 28.07}

(1) In accordance with s. 85.095 (2) (a), Stats., the state share of project costs may not exceed 80% of the eligible costs incurred by the eligible applicant for the harbor assistance project.

(2) For projects funded in part by the U.S. army corps of engineers, the state share may not exceed 50% of the non-federal share of the project costs.

(3) For projects with federal funding, other than those projects funded in part by the U.S. army corps of engineers as described in sub. (2), the state share may not exceed 80% of the non-federal share of project costs; furthermore, the minimum eligible applicant share shall be no less than 10% of project costs.

(4) The department may not assume a continuing funding responsibility for any project.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 01-117: am. (4) Register March 2002 No. 555, eff. 4-1-02; CR 05-019: am. (1) and (3) Register July 2005 No. 595, eff. 8-1-05.

Wis. Admin. Code § Trans 28.08 Grant agreement {#sec-trans-28.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 28.08}

(1) Harbor assistance projects for which grants are approved shall be formally implemented through grant agreements between the department and the eligible applicant. If the eligible applicant is unable or unwilling to enter into a grant agreement with the department in the calendar year for which the applicant’s project is approved, the applicant shall resubmit another application for the project before the department shall again consider it for funding.

(2) The types and amounts of costs eligible for state assistance shall be negotiated in developing a grant agreement. Eligible costs may include final engineering, construction, and dredging costs and other costs agreed to by the department and the eligible applicant. The following items, however, are not eligible for reimbursement:

(a) Eligible applicant’s general grant administration costs;

(b) Costs of acquiring permits or of preparing environmental documents, feasibility studies, conceptual project designs or design revisions; and

(c) Interest on money borrowed by the eligible applicant or interest charged to the applicant for late payment of project costs.

(3) The maximum amount granted by the department shall be stated in the grant agreement for the project.

(4) The grant agreement shall require a grant recipient to:

(a) Save and hold the department harmless from and against all liability, damage, loss, claims, demands and actions of any nature whatsoever related to the project; and provide, at its expense, a comprehensive general liability insurance policy, with per occurrence limits to be determined by the department, naming the department and its officers, employees and agents as additional insureds.

(b) Provide evidence of performance and payment bonds, satisfying all applicable requirements of ss. 30.32 and 779.14, Stats., for the full amount of any and all construction contracts let by the eligible applicant in connection with the project.

(c) Maintain project-related books and records as required by the department and make such records available to the department for audit purposes. In addition, grant recipients shall make periodic progress reports to the department. The content and timing of these reports shall be specified in the grant agreement.

(5) In the grant agreement, the department shall require repayment of grant funds advanced to an eligible applicant if:

(a) The project for which the grant funds are awarded is not completed in accordance with all terms of the grant agreement, including required completion dates; or

(b) Any commercial transportation facility for which the grant is awarded is converted during that time established in the grant agreement to a use inconsistent with the purposes of the harbor assistance program or inconsistent with the terms of the grant agreement or is converted during that period to a use not approved in writing by the department. Conversion to a use approved in writing by the department may, nonetheless, require repayment of all or a portion of the grant funds to the department.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 05-019: am. (2) (intro.), (a), (c), (4) (b) and (5) (intro.) Register July 2005 No. 595, eff. 8-1-05.

Wis. Admin. Code § Trans 28.09 Application process {#sec-trans-28.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 28.09}

(1) Applications for harbor assistance program grants shall be submitted to the department in a manner and form prescribed by the department. Forms shall be available without charge.

(2) Each application shall include the following information:

(a) A resolution officially adopted by the eligible applicant containing:

A formal request for assistance.
The name of the eligible applicant’s representative authorized to sign forms or claims. The representative shall be the applicant’s contact person for the project. If there are more than one, all their names shall be included in the application.
A statement that the eligible applicant will accept responsibility for operation and maintenance of the proposed project after completion of the work funded.
A statement that the proposed project is consistent with the harbor development plan or with the comprehensive plan of the local government if a plan or plans have been adopted. A copy of any plan shall be attached to the application.
A statement that the proposed project is consistent with the 3-year harbor development statement of intentions submitted by the eligible applicant as required by s. Trans 28.10.
A statement that the eligible applicant agrees to provide the department, in a timely manner, additional analysis or documentation supporting the application, whenever the department considers it necessary during the application review process.
A statement that the eligible applicant agrees to provide required matching funds up to a stated maximum at the time and in the manner specified in the grant agreement.

(b) A narrative description of the project which, at a minimum, shall include:

A detailed description of the work to be performed including plans, drawings, sounding reports or other information necessary to fully describe the project.
A detailed description of the means by which the work is to be performed.
A statement of justification and reasons for accomplishing the project, including a discussion of possible alternatives in type and scope to the project.
A map, sketch, or other depiction of the project site.
A statement of current ownership of the project site and facilities and of the ownership proposed upon completion of the project.
A time schedule for performing major project tasks.

(c) A detailed estimate of project cost, indicating the eligible applicant’s cost share, amount of state funding requested, other sources or potential sources of funds and full description of timetables and conditions affecting funds other than funds already budgeted by the applicant.

(d) An estimate of project development costs, not included as estimated project costs, that are essential to the success of the project. This may include, for example, the value of existing land and facilities, the cost of additional site development and the cost of storage or transfer facilities.

(e) An estimate of the eligible applicant’s annual revenues from the project if completed, or of revenues lost if the project is not completed, and an estimate of the annual costs necessary to maintain the project property.

(f) An estimate of the number and type of jobs directly attributable to the proposed project, or of those jobs lost if the project is not completed. The estimates shall be supported by a description of the means by which the number of jobs is calculated.

(g) A list of commodities and a disclosure of the tonnage of waterborne commerce using the project property and expected to use the project property if the project is completed, with origin and destination information.

(h) A list of permits necessary for the project to proceed and, if the permits have not been obtained, a description of the actions taken or to be taken to obtain the permits.

(i) A description of the probable environmental impact of the project. Copies of environmental reports, environmental screening worksheets, environmental assessments, and environmental impact statements shall be provided.

(j) An estimated annual number of passengers that will be affected by the project.

(3) If an eligible applicant fails to supply required information or supplies erroneous information, the department may disapprove the application.

(4) The eligible applicant shall submit an application to the department by August 1 in order to receive primary consideration for funding during the following calendar year. If funds are available, applications may be submitted by March 15, 1985, and by February 1 of each year thereafter, for funding in the same calendar year. The department may waive the requirements in this subsection for emergency repair projects.

Note: Application forms for harbor assistance program grants may be obtained without charge from: Manager, Harbor Assistance Program, P.O. Box 7914, Madison, Wisconsin 53707-7914.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; correction in (2) (a) 5., made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; CR 01-117: am. (2) (a) 5. and cr. (2) (j) Register March 2002 No. 555, eff. 4-1-02; CR 05-019: am. (2) (a) 3., 6., 7., (e), (3) and (4) Register July 2005 No. 595, eff. 8-1-05.

Wis. Admin. Code § Trans 28.10 Planning requirement {#sec-trans-28.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 28.10}

No grant may be made under s. 85.095, Stats., and this chapter, unless the eligible applicant provides the department a description of the harbor projects for which the applicant may request state assistance under s. 85.095, Stats., or federal aid, or both, during the next 3 years. The description shall be submitted prior to April 1 preceding the fiscal year in which the applicant seeks aid under this chapter. The department may waive this planning requirement.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 05-019: am. Register July 2005 No. 595, eff. 8-1-05.

Chapter Trans 29 UTILITY FACILITIES ON DEPARTMENT OF TRANSPORTATION RAILROAD PROPERTY

Wis. Admin. Code § Trans 29.01 Purpose {#sec-trans-29.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.01}

This chapter prescribes policies and procedures for installing and maintaining utility facilities on department railroad property. Under this chapter, utility facility installation, modification and maintenance may be permitted if it does not adversely affect existing or anticipated railroad operations, otherwise impair department railroad property or conflict with any federal, state, or local laws. This chapter applies to all public and private utilities including: municipal and cooperative utilities, cable television companies and individuals desiring to install or maintain a utility facility on department railroad property. This chapter interprets ss. 85.08, 85.09 and 85.15, Stats. Chapter PSC 132 does not apply to department railroad property.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 29.02 Application {#sec-trans-29.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.02}

This chapter shall apply to all existing utility facilities retained, relocated, replaced or altered on department railroad property and to all new utility facilities installed on department railroad property. It describes the minimum requirements that any utility shall meet before installing or maintaining a utility facility on department railroad property.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86.

Wis. Admin. Code § Trans 29.03 Definitions {#sec-trans-29.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.03}

In this chapter:

(1) “AREA” means the American railway engineering association, manual for railway engineering, chapter 1, part 5, revised in 1993.

Note: The Manual for Railway Engineering, Chapter 1, Part 5, is on file at the offices of the Legislative Reference Bureau, the Secretary of State, and the Department of Transportation, Bureau of Railroads and Harbors. Copies of this publication can be obtained by writing to the American Railway Engineering and Maintenance Association, 50 F Street, N.W., Washington, D.C. 20001.

(2) “Cable” means either a stranded conductor or a combination of conductors insulated from each other.

(3) “Carrier” means a pipe, pipeline or other container carrying or otherwise conveying a liquid, gas or other material, not including electric current or impulses.

(4) “Casing” means a protective outer covering, separate from the carrier, designed to withstand external forces equal to or greater than the carrier.

(5) “Circuit” means a conductor or system of conductors through which electric current or light can flow or travel.

(6) “Conduit” means channels or tubes for enclosing and protecting communication or electric power lines.

(7) “Department” means the Wisconsin department of transportation or any successor to that department charged by law with administering Wisconsin’s railroad programs.

(8) “Department railroad property” means railroad property or rail or land bank property owned, controlled or possessed by the department.

(9) “Duct” means a tube or pipe designed or used for enclosing and protecting wire or cable underground.

(10) “Installation” means the initial placement of a utility facility upon, over, under or within department railroad property.

(11) “Modification” includes changing or adjusting the physical location or capacity of an existing utility facility located on department railroad property by such actions as placing additional overhead wires; replacing existing overhead wires with higher voltage wires; changing the existing placement of poles, pedestals or other above-ground appurtenances; or replacing underground carrier pipes or casings.

(12) “Pipeline” means a utility facility installed to carry or convey a fluid, gas or other material underground and includes the casing and the carrier.

(13) “Plowing” means a mechanical technique for direct burial of a carrier, duct or cable in a furrow or groove cut into the ground by a single operation, without any intervening activity between the cutting of the furrow or groove and the burial of the carrier, duct or cable.

(14) “Railroad facility” means track, ties, drainage structure, bridge or related items used for existing or for anticipated railroad operations.

(15) “Rail or land bank property” means railroad property or facilities owned, controlled or possessed by the department for future rail or other transportation purposes and on which there is no current railroad operator.

(16) “Railroad operator” means a railroad carrier that provides rail service over a department railroad property or that is under an agreement with a transit commission to provide rail service over the department’s railroad property.

(17) “Railroad property” means land, usually a strip, used in the operation, maintenance or construction of a railroad.

(18) “Routine maintenance” includes work concerning the normal upkeep and servicing of a utility facility and includes those utility facility changes not defined as an installation or modification.

(19) “Separate utility installation” means a distinct utility activity or service.

(20) “Track zone” means:

(a) The track structure, including, but not limited to, the rails, ties or fastenings; and

(b) The substructure upon which the track is located, including, but not limited to, the ballast, subballast or embankment, extending out from the track centerline a minimum of 12 feet on either side. In the following circumstances, however, the track zone extends beyond the 12 foot minimum on either side of the track centerline:

In embankments, the outer boundary of the track zone is the toe of the embankment slope, which is the intersection of an embankment slope with the ground surface; and
In cuts, the outer boundary of the track zone is the intersection of the plane of the roadbed with the cut slope.

(21) “Transit commission” means a local government commission formed under s. 59.58 (3), 66.0301, or 66.1021, Stats., for the purpose of preserving rail service.

(22) “Utility” means:

(a) Any corporation, company, individual or association, including their lessees, trustees or receivers, or any sanitary district, cooperative association, town, village or city that owns, operates, manages or controls any plant or fixed equipment within this state for the conveyance of messages or for the production, transmission, delivery or furnishing of power, electricity, light, heat, gas, oil, crude products, water, steam, waste or storm water.

(b) The owners, operators, managers, or controllers of cable television systems, publicly owned fire or police signal systems, traffic and street lighting facilities, or private utilities.

(23) “Utility facility” means all physical components of a utility located upon, over, under or within the department railroad property.

(24) “Utility permit” or “permit” means the document by which the department grants a utility permission to use or occupy department railroad property.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; r. and recr. (1), am. (4), (8), (18) and (19), Register, January, 1999, No. 517, eff. 2-1-99; corrections in (21) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 29.04 Permits {#sec-trans-29.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.04}

(1) Permit required.

(a) A utility shall obtain a permit from the department before installing or modifying a utility facility on any department railroad property. It is the responsibility of the utility to apply for and obtain the required permit.

(b) A permit is required for every separate utility installation or modification. A utility may include several utility facilities in the same application if the utility owns each facility and the installation or modification occurs at the same time.

(2) Authority granted by permit.

(a) By issuing a permit, the department:

Approves, subject to the permit conditions, a specified use and occupancy of department railroad property; but
Does not warrant that title to the department railroad property is free and clear of all encumbrances, that it has sole ownership or that it will defend the utility in its peaceful use and occupancy of the department railroad property.

(b) A permit from the department does not relieve a utility from the responsibility to comply with all applicable federal and state laws and local ordinances affecting the design, materials or performance of the permitted activity and does not supersede any other governmental requirements for plan approval or for authority to undertake the permitted activity.

(c) The department may terminate a permit at any time for any lawful reason. A utility shall not obtain any interest or estate of any kind or extent whatsoever in the department railroad property by reason of a permit or by reason of the occupancy or use permitted. The permit is personal to the utility and shall not pass to its successors or assigns. Upon request, however, to ease the burdens accompanying utility ownership changes, the department may allow a successor utility to obtain permits identical to those held by its predecessor; this may be done by filing a request to obtain permits identical to those held by the predecessor utility and shall not require the permittee to file a permit application under this chapter for each separate permit sought.

(3) Facilities within highway right-of-way.

(a) The department shall require a utility highway permit for a utility facility proposed within that portion of department railroad property that lies within a state trunk highway right-of-way. A utility facility authorized within department railroad property by a highway permit shall be constructed in accordance with this chapter.

(b) A utility shall obtain a permit under this chapter where a utility facility either exists or is proposed within a town, county, village or city highway or street right-of-way existing over, upon or across department railroad property.

(4) Permit application processing.

(a) A permit application shall be required for each separate utility facility, except for the placement of additional circuits, cables, tubes or appurtenances within an existing conduit or duct. A utility seeking a permit shall provide the department with 4 copies of a utility permit application. The department shall distribute the permit application for timely comment and review to the appropriate transit commission, to the railroad operator and to all appropriate department offices. The department shall seek concurrence, within 20 business days, from any affected railroad operator and rail transit commission, but the department may approve the permit application without first obtaining the concurrence of the railroad operator or the transit commission.

(b) Within 25 business days after receiving a fully completed application and the fee required under s. Trans 29.07, the department shall review and shall either grant or deny the application. This review period may be extended by the mutual agreement of the department and the applicant.

(c) If the department approves the permit application, the department shall issue a permit to the applicant utility. The department shall stamp all forms, plans, sketches or notes attached to the approved permit with the word “APPROVED.” The department shall also distribute complete sets of the approved permit application to the utility, transit commission and railroad operator.

(5) Information required for permit issuance.

(a) General requirements. Every utility seeking a permit shall provide the department with adequate information. The detail required may vary with the complexity of the utility facility proposed, but shall include appropriate permit forms, drawings or sketches and utility facility information so that the effect on railroad operations, maintenance, traffic safety and visibility can be properly evaluated.

(b) Drawings or sketches. A permit application shall include adequate drawings or sketches showing the existing or proposed location of all utility facilities within the department railroad property. The utility shall submit drawings or sketches, drawn to a scale appropriate to the information provided, showing:

Utility facility locations relative to those existing railroad facilities whose existence and location are a relevant consideration in determining the appropriateness, under this rule, of the utility facility installation or modification for which a permit is sought and relative to the department railroad property boundary lines;
All the minimum vertical and horizontal clearances of the proposed utility facilities and the minimum burial depth of underground utility facility installations;
Railroad engineering stationing and milepost numbers, when known, or land ties when railroad engineering stationing or milepost numbers are unavailable; and
The locations of any utility identification pipes and other above-ground appurtenances.

(c) Description. All applications shall include a general description of the size, nature and extent of each utility facility to be installed, modified or retained within the department railroad property and shall include a general description of the location and general method of facility placement.

Applications for utility facility installations or modifications shall include detail of placement methods, special protection measures, effect on drainage, proposed access points, trees to be trimmed or removed, and, when appropriate, coordination of activities with the railroad operator. Applications for utility facility installation or modification shall also include a description of routine maintenance requirements.
Applications for pipeline installations or modifications shall specify the material transmitted; the maximum working, test and design pressures; and the design standards for the pipeline.
Applications for electrical utility facility installations or modifications shall specify the proposed operating voltages. The permit drawing or sketch shall illustrate the proposed orientation of the lowest line on the supporting structures.
Applications for communication facilities installations or modifications shall specify the outside cable diameter or conduit dimensions, whether aerial or buried.

Note: Utility permit applications may be obtained from the appropriate department of transportation region office.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (1) (b), (3) (a), (4) (a), (b), (5) (b) 4., (c) 1., 3. and 4., Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 29.05 Utility permit violations {#sec-trans-29.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.05}

(1) If a utility fails to comply with all provisions, conditions, and requirements of a permit, the department may revoke the permit and the utility shall remove the utility facility from the property, and restore the property in accordance with s. Trans 29.09. Modification of any term of an approved permit to meet changed or unexpected field conditions shall require prior approval from the department.

(2) The utility shall be responsible for its own forces and the forces of any of its subcontractors working on department property to assure compliance with all permit provisions.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 29.06 Permit at job site {#sec-trans-29.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.06}

The utility’s work forces or its subcontractor’s forces shall have a complete copy of the approved permit in their possession at the job site at all times when utility facility work is being done within the department railroad property. If a utility fails to have an approved copy of the permit at the job site, it shall be sufficient cause for stopping utility facility work within the department railroad property.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86.

Wis. Admin. Code § Trans 29.07 Fees {#sec-trans-29.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.07}

(1) Upon application for a permit under this chapter, a utility shall pay to the department an administrative and inspection fee as set forth in the following fee schedule:

(a) “Transverse utility crossings.” Aerial or underground crossings involving the installation of a utility facility, the modification of a utility facility or the placement of additional components upon existing facilities previously permitted or legally erected on department property by other than the current permittee. $175

(b) “Longitudinal aerial utility installation.” Aerial utility facility installations involving the installation of a utility facility or the modification of a utility facility within the department railroad property.

Permit for up to 5 miles of installation. $235
Permit for up to 10 miles of installation. $390
Permit for up to 15 miles of installation. $545
Permit for up to 20 miles of installation. $700

(c) “Longitudinal underground utility installations.” Underground utility facility installations involving the installation of a utility facility or the modification of a utility facility on the department railroad property. The fee is based on one pre-construction inspection and on one daily inspection for each day’s work or fraction of a day’s work.

Permit for up to 5 miles of installation. $125*
Permit for up to 10 miles of installation. $175*
Permit for up to 15 miles of installation. $225*
Permit for up to 20 miles of installation. $275*

(d) Where spot checking or regular inspections reveal the need for corrections or changes to comply with the permit, the permittee shall pay the costs of those corrections or changes and a $50 fee per required follow-up inspection.

(2) In addition to any fee paid under sub. (1), the railroad operator may require reimbursement from the utility for reasonable services rendered including administration, flagging, track removal and reinstalling, and other functions necessary to accommodate a utility facility installation or modification. Reimbursement arrangements for these services shall be solely between the railroad operator and the utility. Concurrence in the permit application by the railroad operator implies agreement between the utility and the railroad operator on service reimbursement.

(3) Whenever a “transverse utility crossing” is installed or modified within department railroad property where that department railroad property is also located within a town, county, village or city highway or street right-of-way, the department need not conduct its usual post-installation or post-modification inspection if, as a substitute for that inspection, the utility provides an affidavit of a professional engineer, duly registered to practice engineering in Wisconsin, certifying that the utility installation or modification has been carried out in accordance with the pertinent application, these rules, all other applicable rules or standards and sound engineering practices. The utility shall file the required affidavit with the department not more than 10 days after the utility facility is installed or modified. Whenever the provisions of this subsection are applicable and followed, the fee established in sub. (1) (a) shall be reduced to $100 reflecting the department’s diminished inspection activities.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (2), Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 29.08 Notification of work activities {#sec-trans-29.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.08}

(1) Notifying department and railroad operator. The utility shall notify the department and the railroad operator at least 72 hours prior to commencing any work upon, over, under or within the department railroad property. If a utility ceases work on a utility facility for more than 48 hours, except for holidays or weekends, the utility shall again give the department and the railroad operator 72 hours notice prior to recommencing the work activity. At the conclusion of all work, the utility shall notify the department and the railroad operator within 10 calendar days, holidays and weekends excepted, that the work is completed. When notified, the department may, within 30 days, inspect the completed utility facility and inform the utility whether the work is satisfactory.

(2) Emergency utility work. If an emergency maintenance situation arises requiring immediate action within the department railroad property to protect the general public safety, the utility shall immediately notify the railroad operator, or the department when no railroad operator is in place, that an emergency exists and that the utility is proceeding to correct the emergency situation. Emergency operations by a utility may be performed on department railroad property whenever conditions or time considerations prevent application to the department for prior written approval. However, as soon as practicable, the utility shall apply to the department for the required permit under s. Trans 29.04.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (1), Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 29.09 Restoration of railroad lands and facilities {#sec-trans-29.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.09}

The utility shall restore the department railroad property and the railroad facilities thereon to a condition that is as near as is reasonably practicable to its preexisting condition and that is mutually acceptable to the department and the railroad operator. Failure of the utility to satisfactorily restore those lands or facilities shall be grounds for the department to arrange to restore the deficiency; the utility shall pay the cost for this restoration.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86.

Wis. Admin. Code § Trans 29.10 Utility facility specifications {#sec-trans-29.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.10}

(1) Location.

(a) General. A utility shall always locate its utility facilities to minimize the need for subsequent adjustments to accommodate future railroad improvements and to allow for the later servicing or expanding of its utility facilities with minimal obstruction to or interference with the flow of railroad traffic.

(b) Longitudinal placement. Utility facility longitudinal installations or modifications shall be located on alignments uniformly parallel to and within 5 feet of the outer limits of the department railroad property. A different alignment may be approved if the department and railroad agree. No installation or modification may be approved within the track zone.

(c) Transverse crossings. Utility facilities shall cross the department railroad property on a line as nearly perpendicular to the railroad track alignment as is practicable.

(2) Utility facility design and installation.

(a) General. The utility shall provide the department with a design of each utility facility to be installed or modified within the department railroad property. The department shall review the utility’s facility design with respect to its location and to the manner of its installation or modification. The department shall also review the facility design with respect to the measures proposed to preserve safe and free railroad traffic flow, structural integrity of the railroad facilities, ease of railroad maintenance and the aesthetic appearance of the department railroad property.

(b) Utility facility design standards. The minimum new utility facility design, construction and operation standards shall be those found in the Wisconsin administrative code for the utility and the utility activity in question. If the codes, ordinances or laws of any governmental agency having jurisdiction over the utility or over its activities are more restrictive than this chapter, they shall govern. All new utility facility installations or modifications shall, as a minimum, meet the following requirements:

Electrical power and electronic communication utility facilities shall conform with ch. PSC 114, Wis. Adm. Code.
Water lines shall conform with the specifications of the American water works association and chs. NR 110 and 811, Wis. Adm. Code.
Pressure pipelines shall conform with the requirements of title 49, code of federal regulations, parts 192, 193, subparts A, B and D, attached as appendix 1, and 195, and ch. PSC 135.
Liquid petroleum pipelines shall conform with the recommended practices of the American petroleum institute for pipeline crossings under railroads and highways.

(c) Drainage and other utility facilities. A utility shall take extreme care in installing or modifying a utility facility to avoid disturbing either existing drainage facilities or other previously installed underground utility facilities. Where appropriate, trenches for underground utility facilities shall be backfilled with previously excavated material, and necessary outlets shall be provided to prevent water entrapment. Underdrains shall be provided where necessary.

Note: Copies of the National Electric Safety Code, the American Water Works Association specifications, 49 CFR Parts 192 and 195 and the American Petroleum Institute recommended practices are on file at the offices of the Department of Transportation, the Secretary of State and the Legislative Reference Bureau.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; correction in (2) (b) 2. made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488, eff. 9-1-96; am. (1) (b) and (2) (b) 3., Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 29.11 Utility facility maintenance and repairs {#sec-trans-29.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.11}

(1) General. A utility shall keep its utility facilities in good repair, both structurally and aesthetically.

(2) Trees. The utility may not spray, cut or trim trees on department railroad property unless the department gives prior written permission. When the removal of a tree is permitted, the stump shall be cut flush with the ground or be removed. All resulting debris, refuse, and waste shall be removed from the department railroad property, unless agreed to otherwise in writing.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (2), Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 29.12 Pipelines {#sec-trans-29.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.12}

(1) Location and alignment. The crossing location and alignment for pipeline installations or modifications shall be as follows:

(a) A pipeline shall not be located where conditions are unsuitable for pipeline crossings. Unsuitable locations include: in deep cuts, near footings of bridges or retaining walls, across drainage facilities where water flow may be obstructed, within the basin of an underpass drained by a pump or in wet or rocky terrain where it is difficult to bury the pipeline.

(b) Longitudinal pipeline installations or modifications shall be within 5 feet of the outer limits of the department railroad property.

(c) Vertical and horizontal clearances between the pipeline and the railroad and between the pipeline and other utility facilities shall be sufficient to permit maintenance of the pipeline, the railroad and all other utility facilities. Except in unusual circumstances, the pipeline shall be located outside the 45° cone of support for the footings of existing structures.

(2) Depth.

(a) Crossings. For transverse installations or modifications, the vertical distance between the low point of the railroad cross section, usually the flow line of the ditch, and the top of the pipeline, or the pipeline casing when required, may not be less than 3 feet, unless special, suitable pipeline cover or protection is provided. The vertical distance between the top of the pipeline, or casing when required, and the base of the rails may not be less than 4 feet 6 inches on secondary or industrial tracks and may not be less than 5 feet 6 inches on main tracks.

(b) Longitudinal installations. For longitudinal installations or modifications, the vertical distance from the finished railroad property surface to the top of the pipeline, or casing when required, shall be at least 54 inches if within 50 feet of the track centerline and shall be at least 24 inches if more than 50 feet from the track centerline. These distances may not be reduced unless the pipeline is satisfactorily protected, such as with concrete, metal or other durable casing.

(c) Alternate location. If the minimum burying depths stated in pars. (a) and (b) are infeasible because of other utility facility placement, the water table, topographical features or an ordinance, a utility may locate the pipeline elsewhere so that the minimum burying depths stated are met.

(3) Appurtenance requirements.

(a) Facilities appurtenant to pipelines, including manholes, vents, drains, markers, and valve and regulator pits, not located at the department railroad property boundary lines, shall be installed or modified so that their uppermost surfaces are flush and parallel to the adjacent surface.

(b) If a vent pipe is required, it shall be located and constructed so as not to interfere with railroad use or maintenance and shall not be concealed by vegetation. Vent pipes shall be placed as close as practicable to an existing fence or to a department railroad property boundary line.

(c) No drain for a casing, tunnel, or gallery enclosing a carrier of liquids, liquefied gas, or heavy gas may be located upon department railroad property.

(d) A utility shall place readily identifiable markers, conforming to all applicable Wisconsin administrative code requirements, at the location at which any department railroad property line is crossed by one of the utility’s pipelines carrying any flammable, corrosive, expansive, energized or unstable contents.

(4) Casing requirements.

(a) Casing required. A utility shall place its carrier in casing in the following circumstances:

Casing is required by the AREA, industry or company codes or policies or by public agency codes, laws or ordinances;
The minimum burying depth is less than that specified in sub. (2);
Future inserting, removing, replacing or maintaining of a carrier may be required and open trench construction is to be avoided;

(b) Casing standards.

A casing shall be designed to support the load of the railroad and of any superimposed loads. Casing shall meet at least minimally applicable design requirements.
Casing under railroad tracks and across department railroad property shall conform with the AREA.
If additional tracks are constructed in the future or the railroad operator determines that the roadbed should be widened, the casing shall be extended correspondingly to meet the requirements of subd. 2. The utility shall pay all costs of the extension.
The casing, when sealed, shall be properly vented. Vent pipes shall conform with the AREA.
Rigid casing or suitable bridging shall be used where track support would be impaired by a buried flexible carrier pipe.
The casing when sealed shall be sealed at the ends with a flexible material to prevent water or debris from entering the space between the casing and the carrier. If an end of a casing is below the ground, it shall be suitably sealed to the outside of the carrier pipeline.

(5) Uncased pipelines. Gas lines may be uncased as long as the installation complies with the AREA. An uncased pipeline other than gas lines may be installed or modified beneath a department railroad facility if the installation or modification is made by open trench construction, if the carrier pipeline is not pressurized and if the utility agrees in writing to the following:

(a) To abandon in place, in a manner acceptable to the department, that segment of the pipeline beneath the tracks in which a leak or break develops;

(b) To tunnel, jack or dry bore any required replacement segment; and

The pipeline shall conform to the material and design requirements of the utility industry, the AREA and of the applicable governmental codes and specifications. The pipeline shall be designed to support the load of the railroad and of any superimposed loads.
Satisfactory bridging, concrete slabs, enclosures, tunnels, boxing or other appropriate measures shall be used to protect existing uncased pipelines that, because of their shallow burial or their location, may be vulnerable to damage from railroad operations.

(6) Trenched construction.

(a) Trenched construction of pipelines may be by open excavation or plowing. The construction shall:

Restore the structural integrity of the railroad facility;
Avoid deforming the pipeline;
Assure that the trench does not trap excessive moisture or become a drainage channel; and
Assure that the railroad drainage is not blocked by backfill.

(b) In all trenched construction, a utility shall conform to the American railway engineering association’s manual for railway engineering standards for earthwork, culverts or other utility work.

(c) As a special condition of the permit, a railroad operator may require that backfill and track resurfacing be performed by the railroad operator’s forces or under its direction at the expense of the utility.

(7) Untrenched construction. A utility may install or modify a pipeline by tunneling, boring and jacking, coring or dry boring. Untrenched construction shall extend beneath the entire track zone. Boring shall result in a close fit to the casing or to the pipeline. The utility shall maintain the minimum satisfactory distances between the centerline of the track and the headers.

(8) Adjusting existing pipelines. A utility shall adjust any of its existing pipelines as follows:

(a) The pipeline shall be protected as is required for a new pipeline by subs. (4) and (5).

(b) The pipeline shall be relocated if the pipeline bedding is depressed by railroad loads or if the pipeline may be damaged because of insufficient cover.

(c) If the pipeline is too weak to support superimposed railroad loads, the pipeline shall be replaced by stronger pipe or protected in some other reasonable manner acceptable to the department.

(d) A railroad operator shall notify a utility of any railroad construction affecting the utility’s pipelines. The utility shall be responsible for the security of each existing pipeline within the construction zone. If there are unusual utility facility hazards or if heavy construction equipment is used, the utility shall provide either a temporary protective cover of earth or a bridge over the pipeline.

(e) The utility shall bear all expenses incurred in adjusting utility facilities. This may include a new permit fee and reimbursement to the railroad operator for its expenditures.

Note: The American Railway Engineering Association manual material is on file at the offices of the Department of Transportation, the Secretary of State, and the Legislative Reference Bureau.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (1) (b), (2) (b), (4) (a) 1., (b) 2. (intro.), 4. and 6., (5) (intro.) and (c) 1., r. (4) (a) 2., 5. to 8., (b) 2. a. to d., renum. (4) (a) 3. and 4. to be (4) (a) 2. and 3., Register, January, 1999, No. 517, eff. 2-1-99; Chapter Trans 29 was republished to correct an error in transcription in (2) (a) Register October 2024 No. 826.

Wis. Admin. Code § Trans 29.13 Attaching utility facilities to railroad bridges {#sec-trans-29.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.13}

(1) General. A utility may attach a utility facility to a steel or concrete railroad bridge where to do so does not adversely affect the structural adequacy of the bridge, the safe operation of the railroad, the efficiency of railroad maintenance or the aesthetic appearance of the bridge. If it is feasible at reasonable cost to locate a utility facility elsewhere, a utility shall not attach its facilities to a railroad bridge. Utility facilities may not be attached to wood trestles.

(2) Bridge attachment.

(a) A utility facility may be placed beneath a steel bridge floor inside the outer girders or beams or alternatively may be placed within a cell at an elevation above the lowest superstructure.

(b) Electric power facilities or communication line facilities shall be satisfactorily insulated, grounded and carried in protective conduit or pipe on the bridge structure. The carrier conduit or pipe shall be suitably insulated from electric power line facilities.

(c) Pipelines attached to a bridge may not exceed the maximum allowable operating pressure of the pipe. No pipeline conveying flammable materials may be attached to a steel bridge structure.

(d) A utility shall employ methods of suspending the utility facility, of allowing for expansion and contraction and of going through or around bridge abutments that are acceptable to the department.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (2) (c), Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 29.14 Electric power and communication circuits {#sec-trans-29.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.14}

(1) Underground.

(a) A utility may install or modify electric power or communication facilities by trenching, direct burial, plowing, boring or jacking. Boring without conduit is permissible where soil conditions allow. Underground utility construction shall conform with all applicable codes, standards and specifications.

(b) The vertical distance from the top of the finished railroad property surface to the top of the conduit, or top of the casing where required, shall be at least 2 feet. This distance may not be reduced unless the circuit is satisfactorily protected with suitable protective covering or conduit.

(c) All provisions of this chapter, except for s. Trans 29.12 (4) and (6) (b), shall apply to underground electric power or communications utility facilities unless clearly inconsistent with this section.

(2) Overhead power and communication circuits.

(a) The space between the track zone and the department railroad property boundary lines shall be kept as free from obstructions as practicable. If an above-ground utility facility is permitted, it shall be located so as not to interfere with railroad operations or maintenance and may not be concealed by vegetation. It should be placed as close as practicable to an existing fence or to a department railroad property boundary line. Adjustments because of the terrain traversed may be made in locating poles, guys, and related facilities on the department railroad property.

(b) The minimum vertical clearance for overhead electric power and communication circuits above the department railroad property and the minimum horizontal and vertical clearances from bridges or from other railroad facilities shall conform to the Wisconsin state electrical code found in ch. PSC 114, Wis. Adm. Code, and to s. RR 2.14, Wis. Adm. Code.

(c) Any longitudinal installation or modification of overhead lines on department railroad property shall have single pole construction, unless the department shall approve another construction prior to installation or modification and then only in areas that are more than 40 feet from the nearest rail. Single pole construction with joint use is desirable where more than one utility requires longitudinal installation over the same segment of department railroad property.

(3) Casing requirements.

(a) Electric power or communication circuits may be installed or modified beneath department railroad property without protective casing. Cable installation shall be by direct burial or small bores. Where soil conditions permit, cable installation may be by boring a hole about the same diameter as the cable and pulling the cable through.

(b) Where an underground circuit crossing is encased in protective casing, the casing shall extend to a minimum of 13 feet from the centerline of the track or, if more than one track is present, from the centerline of the nearest track.

(c) The department may require casing for any circuit having less than the minimum burial depth, located too near the footings of a bridge, or required by an industry or company code or policy or by a public agency code, law or ordinance to be encased.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488; am. (1) (a), Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 29.15 Indemnification and insurance {#sec-trans-29.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 29.15}

(1) Hold harmless.

(a) The utility shall hold the department, transit commission and railroad operator, their officers, employees and agents, harmless from all liability, loss, demands or actions connected with, or claimed to be connected with, either any act or omission of the utility, its agents, employees or officials, or any accident or occurrence that happens, or is alleged to have happened, in or about a place where any utility act or omission occurs while the utility is performing its work, while a utility permit or an agreement between the utility and the department is in effect or while any of the utility’s facilities, property or personnel are in or about the place where the utility act or omission occurs or are in or about the department railroad property.

(b) Nothing in this subsection, however, shall require a utility to hold the department, transit commission or railroad operator, their officers, employees or agents, harmless from that portion of any liability, loss, demand or action arising out of the acts or omissions of the department, transit commission or railroad operator or of their officers, employees or agents.

(2) Insurance.

(a) During installation, modification or maintenance of any utility facility and during the term of any utility permit, the department shall require the utility to provide the department adequate evidence of financial responsibility to meet the liabilities, losses, demands and actions from which the utility is required, in accordance with sub. (1), to hold the department, transit commission and railroad operator, their officers, employees and agents, harmless. Evidence of adequate financial responsibility shall be either appropriate evidence that the utility is self-insured and has sufficient resources to provide coverage equivalent to an insurance policy having combined single limits of not less than $500,000 or, alternatively, evidence of an appropriate insurance policy having combined single limits of not less than $500,000. If it chooses to provide evidence of an appropriate insurance policy, a utility shall furnish the department the requisite certificate of insurance showing that the department, transit commission and railroad operator, their officers, employees and agents, have the status of an additional insured under the insurance policy. The department may require greater evidence of resources or higher limits of insurance coverage if it determines that greater coverage is reasonably required to cover the risks presented by a particular utility facility.

(b) The utility shall furnish the department evidence of adequate financial responsibility, as required by par. (a), on or before the effective date of the utility permit. If at any time the department determines that the utility has not provided adequate evidence of financial responsibility, the utility shall immediately suspend any construction, installation, modification or routine maintenance on the department railroad property until adequate evidence of financial responsibility is again provided to the department.

History

Cr. Register, December, 1985, No. 360, eff. 1-1-86.

Chapter Trans 29 Appendix 1 FEDERAL REGULATIONS AND PROCEDURES ADOPTED BY THE WISCONSIN DEPARTMENT OF TRANSPORTATION

Wis. Admin. Code § Chapter Trans 29 FEDERAL REGULATIONS AND PROCEDURES ADOPTED BY THE WISCONSIN DEPARTMENT OF TRANSPORTATION {#sec-chapter-trans-29 omnilex-key=us-wi-regs-official--agency-trans--Chapter Trans 29}

Research and Special Programs Administration, DOT

49 CFR §193.2001 Subpart A - General

49 CFR §193.2051 Subpart B - Siting Requirements

49 CFR §193.2301 Subpart D - Construction

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DOT

49 CFR §193.2001, Subpart A June 1998

SUBPART A -- GENERAL

193.2001 Scope of part.

(a) This part prescribes safety standards for LNG facilities used in the transportation of gas by pipeline that is subject to the pipeline safety laws (49 U.S.C. 60101 et seq.) and Part 192 of this chapter.

(b) This part does not apply to:

(1) LNG facilities used by ultimate consumers of LNG or natural gas.

(2) LNG facilities used in the course of natural gas treatment or hydrocarbon extraction which do not store LNG.

(3) In the case of a marine cargo transfer system and associated facilities, any matter other than siting pertaining to the system or facilities between the marine vessel and the last manifold (or in the absence of a manifold, the last valve) located immediately before a storage tank.

(4) Any LNG facility located in navigable waters (as defined in Section 3(8) of the Federal Power Act (16 U.S.C. 796(8)).

(49 U.S.C. 1674a; 49 CFR 1.53 and Appendix A of Part 1)

[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57418, Aug. 28, 1980; Amdt. 193-10, 61 FR 18517, April 26, 1996]

193.2003 Semisolid facilities.

An LNG facility used in the transportation or storage of LNG in a semisolid state need not comply with any requirement of this part which the Director finds impractical or unnecessary because of the semisolid state of LNG. In making such a finding, the Director may impose appropriate alternative safety conditions.

193.2005 Applicability.

(a) New or amended standards in this part governing the siting, design, installation, or construction of an LNG facility and related personnel qualifications and training do not apply to:

(1) LNG facilities under construction before the date such standards are published; or

(2) LNG facilities for which an application for approval of the siting, construction, or operation was filed before March 1, 1978, with the Department of Energy (or any predecessor organization of that Department) or the appropriate State or local agency in the case of any facility not subject to the jurisdiction of the Department of Energy under the Natural Gas Act (not including any facility the construction of which began after November 29, 1979, not pursuant to such an approval).

(b) If an LNG facility listed in paragraph (a) of this section is replaced, relocated, or significantly altered after February 11, 1980, the replacement, relocated facility, or significantly altered facility must comply with the applicable requirements of this part governing siting, design, installation, and construction, except that:

(1) The siting requirements apply only to LNG storage tanks that are significantly altered by increasing the original storage capacity or relocated, not pursuant to an application for approval filed as provided by paragraph (a)(2) of this section before March 1, 1978; and

(2) To the extent compliance with the design, installation, and construction requirements would make the replaced, relocated, or altered facility incompatible with other facilities or would otherwise be impracticable, the replaced, relocated, or significantly altered facility may be designed, installed, or constructed in accordance with the original specifications for the facility, or in a manner that the Director finds acceptable.

(c) The siting, design, installation, and construction of an LNG facility under construction before February 11, 1980, or that is listed in paragraph (a)(2) of this section (except a facility under construction before July 1, 1976) must meet the applicable requirements of ANSI/NFPA 59A (1972 edition) and Part 192 of this chapter or the applicable requirements of this part, except that no Part 192 standard issued after March 1, 1978, applies to an LNG facility listed in paragraph (a)(2) of this section.

(49 U.S.C. 1674a; 49 CFR 1.53 and Appendix A of Part 1)

[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57418, Aug. 28, 1980; Amdt. 193-2, 45 FR 70404, Oct. 23, 1980; 58 FR 14522, March 18, 1993]

193.2007 Definitions.

As used in this part:

“Administrator” means the Administrator of the Research and Special Programs Administration or any person to whom authority in the matter concerned has been delegated by the Secretary of Transportation.

“Ambient vaporizer” means a vaporizer which derives heat from naturally occurring heat sources, such as the atmosphere, sea water, surface waters, or geothermal waters.

“Cargo transfer system” means a component, or system of components functioning as a unit, used exclusively for transferring hazardous fluids in bulk between a tank car, tank truck, or marine vessel and a storage tank.

“Component” means any part, or system of parts functioning as a unit, including, but not limited to, piping, processing equipment, containers, control devices, impounding systems, lighting, security devices, fire control equipment, and communication equipment, whose integrity or reliability is necessary to maintain safety in controlling, processing, or containing a hazardous fluid.

“Container” means a component other than piping that contains a hazardous fluid.

“Control system” means a component, or system of components functioning as a unit, including control valves and sensing, warning, relief, shutdown, and other control devices, which is activated either manually or automatically to establish or maintain the performance of another component.

“Controllable emergency” means an emergency where reasonable and prudent action can prevent harm to people or property.

“Design pressure” means the pressure used in the design of components for the purpose of determining the minimum permissible thickness or physical characteristics of its various parts. When applicable, static head shall be included in the design pressure to determine the thickness of any specific part.

“Determine” means make an appropriate investigation using scientific methods, reach a decision based on sound engineering judgment, and be able to demonstrate the basis of the decision.

“Dike” means the perimeter of an impounding space forming a barrier to prevent liquid from flowing in an unintended direction.

“Emergency” means a deviation from normal operation, a structural failure, or severe environmental conditions that probably would cause harm to people or property.

“Exclusion zone” means an area surrounding an LNG facility in which an operator or government agency legally controls all activities in accordance with §193.2057 and §193.2059 for as long as the facility is in operation.

“Fail-safe” means a design feature which will maintain or result in a safe condition in the event of malfunction or failure of a power supply, component, or control device.

“g” means the standard acceleration of gravity of 9.806 meters per second2 (32.17 feet per second2).

“Gas,” except when designated as inert, means natural gas, other flammable gas, or gas which is toxic or corrosive.

“Hazardous fluid” means gas or hazardous liquid.

“Hazardous liquid” means LNG or a liquid that is flammable or toxic.

“Heated vaporizer” means a vaporizer which derives heat from other than naturally occurring heat sources.

“Impounding space” means a volume of space formed by dikes and floors which is designed to confine a spill of hazardous liquid.

“Impounding system” includes an impounding space, including dikes and floors for conducting the flow of spilled hazardous liquids to an impounding space.

“Liquefied natural gas” or “LNG” means natural gas or synthetic gas having methane (CH4) as its major constituent which has been changed to a liquid or semisolid.

“LNG facility” means a pipeline facility that is used for liquefying or solidifying natural gas or synthetic gas or transferring, storing, or vaporizing liquefied natural gas.

“LNG plant” means an LNG facility or system of LNG facilities functioning as a unit.

“m3” means a volumetric unit which is one cubic metre, 6.2898 barrels, 35.3147 ft.3 , or 264.1720 U.S. gallons, each volume being considered as equal to the other.

“Maximum allowable working pressure” means the maximum gage pressure permissible at the top of the equipment, containers or pressure vessels while operating at design temperature.

“Normal operation” means functioning within ranges of pressure, temperature, flow, or other operating criteria required by this part.

“Operator” means a person who owns or operates an LNG facility.

“Person” means any individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof.

“Pipeline facility” means new and existing piping, rights-of-way, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas during the course of transportation.

“Piping” means pipe, tubing, hoses, fittings, valves, pumps, connections, safety devices or related components for containing the flow of hazardous fluids.

“Storage tank” means a container for storing a hazardous fluid, including an underground cavern.

“Transfer piping” means a system of permanent and temporary piping used for transferring hazardous fluids between any of the following: Liquefaction process facilities, storage tanks, vaporizers, compressors, cargo transfer systems, and facilities other than pipeline facilities.

“Transfer system” includes transfer piping and cargo transfer system.

“Vaporization” means an addition of thermal energy changing a liquid or semisolid to a vapor or gaseous state.

“Vaporizer” means a heat transfer facility designed to introduce thermal energy in a controlled manner for changing a liquid or semisolid to a vapor or gaseous state.

“Waterfront LNG plant” means an LNG plant with docks, wharves, piers, or other structures in, on, or immediately adjacent to the navigable waters of the United States or Puerto Rico and any shore area immediately adjacent to those waters to which vessels may be secured and at which LNG cargo operations may be conducted.

(49 U.S.C. 1674a; 49 CFR 1.53 and Appendix A of Part 1)

[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57418, Aug. 28, 1980; Amdt. 193-2, 45 FR 70404, Oct. 23, 1980; Amdt. 193-10, 61 FR 18517, April 26, 1996]

193.2009 Rules of regulatory construction.

(a) As used in this part:

(1) “Includes” means including but not limited to;

(2) “May” means is permitted to or is authorized to;

(3) “May not” means is not permitted to or is not authorized to; and

(4) “Shall” or “must” is used in the mandatory and imperative sense.

(b) In this part:

(1) Words importing the singular include the plural; and

(2) Words importing the plural include the singular.

193.2011 Reporting.

Leaks and spills of LNG must be reported in accordance with the requirements of Part 191 of this chapter.

193.2013 Incorporation by reference.

(a) There are incorporated by reference in this part all materials referred to in this part that are not set forth in full. The incorporated materials are deemed published under 5 U.S.C. 552(a) and 1 CFR Part 51 and are part of this regulation as though set forth in full. All incorporated materials are listed in Appendix A to this Part 193 with the applicable editions in parentheses following the title of the referenced material. Only the latest listed edition applies, except that an earlier listed edition may be followed with respect to components which are designed, manufactured, or installed in accordance with the earlier edition before the latest edition is adopted, unless otherwise provided in this part. The incorporated materials are subject to change, but any change will be announced by publication in the Federal Register before it becomes effective.

(b) All incorporated materials are available for inspection in the Research and Special Programs Administration, 400 Seventh Street, SW., Washington, DC, and at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. These materials have been approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. In addition, the incorporated materials are available from the respective organizations listed in appendix A to this part.

(49 U.S.C. 1674 (a); 49 CFR 1.53 and Appendix A to Part 1)

[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-2, 45 FR 70410, Oct. 23, 1980; 50 FR 45732, Nov. 1, 1985; 58 FR 14522, March 18, 1993]

193.2015 [Reserved]

[59 FR 17281, April 12, 1994]

193.2017 Plans and procedures.

(a) Each operator shall maintain at each LNG plant the plans and procedures required for that plant by this part. The plans and procedures must be available upon request for review and inspection by the Administrator or any State Agency that has submitted a current certification or agreement with respect to the plant under the pipeline safety laws (49 U.S.C. 60101 et seq.). In addition, each change to the plans or procedures must be available at the LNG plant for review and inspection within 20 days after the change is made.

(b) The Administrator or the State Agency that has submitted a current certification under section 5(a) of the Natural Gas Pipeline Safety Act with respect to the pipeline facility governed by an operator’s plans and procedures may, after notice and opportunity for hearing as provided in 49 CFR 190.237 or the relevant State procedures, require the operator to amend its plans and procedures as necessary to provide a reasonable level of safety.

(49 U.S.C. 1674(a); 49 CFR 1.53 and Appendix A to Part 1)

[Amdt. 193-2, 45 FR 70404, Oct. 23, 1980; Amdt. 193-7, 56 FR 31090, July 9, 1991; Amdt. 193-10, 61 FR 18517, April 26, 1996]

193.2019 Mobile and temporary LNG facilities

(a) Mobile and temporary LNG facilities for peakshaving application, for service maintenance during gas pipeline systems repair/alteration, or for other short term applications need not meet the requirements of this part if the facilities are in compliance with applicable sections of NFPA 59A (1996 edition).

(b) The State agency having jurisdiction over pipeline safety in the State in which the portable LNG equipment is to be located must be provided with a location description for the installation at least 2 weeks in advance, including to the extent practical, the details of siting, leakage containment or control, fire fighting equipment, and methods employed to restrict public access, except that in the case of emergency where such notice is not possible, as much advance notice as possible must be provided.

[Amdt. 193-14, 62 FR 41312, Aug. 1, 1997; 62 FR 48952, Sept. 18, 1997]

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DOT

49 CFR §193.2051, Subpart B June 1998

SUBPART B -- SITING REQUIREMENTS

193.2051 Scope.

This subpart prescribes siting requirements for the following LNG facilities: Containers and their impounding systems, transfer systems and their impounding systems, emergency shutdown control systems, fire control systems, and associated foundations, support systems, and normal or auxiliary power facilities necessary to maintain safety.

(49 U.S.C. 1674a; 49 CFR 1.53 and Appendix A of Part 1)

[Amdt. 193-1, 45 FR 57418, Aug. 28, 1980]

193.2055 General.

An LNG facility must be located at a site of suitable size, topography, and configuration so that the facility can be designed to minimize the hazards to persons and offsite property resulting from leaks and spills of LNG and other hazardous fluids at the site. In selecting a site, each operator shall determine all site-related characteristics which could jeopardize the integrity and security of the facility. A site must provide ease of access so that personnel, equipment, and materials from offsite locations can reach the site for fire fighting or controlling spill associated hazards or for evacuation of personnel.

193.2057 Thermal radiation protection.

(a) Thermal exclusion zone. Each LNG container and LNG transfer system must have a thermal exclusion zone in accordance with the following:

(1) Within the thermal exclusion zone, the impounding system may not be located closer to targets listed in paragraph (d) of this section than the exclusion distance “d” determined according to this section, unless the target is a pipeline facility of the operator.

(2) If grading and drainage are used under §193.2149(b), operators must comply with the requirements of this section by assuming the space needed for drainage and collection of spilled liquid is an impounding system.

(b) Measurement. The exclusion distance “d” is the horizontal distance measured from the impoundment area to the target where the following apply:

(1) The maximum calculated exclusion distance for each thermal flux level shall be used for that exposure (offsite target) in paragraph (d) of this section.

(2) The wind speed producing the maximum exclusion distances shall be used except for wind speeds that occur less than 5 percent of the time based on recorded data for the area.

(3) The ambient temperature and relative humidity that produce the maximum exclusion distance shall be used except that values that occur less than 5 percent of the time based on recorded data for the area shall not be used.

(4) Properties of LNG with the highest anticipated heating value shall be used.

(5) The height of the flame base should be that of any dike or containment in relation to the horizontal reference plane. The height of the target shall be in relation to the same reference plane.

(c) Exclusion distance length. The length of an exclusion distance for each impounding space may not be less than the distance “d” determined in accordance with one of the following:

(1) The method of calculating the exclusion distances for levels of radiant exposure listed in paragraph (d) of this section shall be the method described in Gas Research Institute report GRI-89/0176 and also available as the “LNGFIRE” computer program from GRI.

A=the largest horizontal area across the impounding space measured at the lowest point along the top inside edge of the dike.

f=values for targets prescribed in paragraph (d) of this section.

(2) Determine “d” from a mathematical model for thermal radiation and other appropriate fire characteristics which assures that the incident thermal flux levels in paragraph (d) of this section are not exceeded. The model must:

(i) Use atmospheric conditions which, if applicable, result in longer exclusion distances than other atmospheric conditions occurring at least 95 percent of the time based on recorded data for the site area;

(ii) Have been evaluated and verified by testing at a scale, considering scaling effects, appropriate for the range of application;

(iii) Have been submitted to the Administrator for approval, with supportive data as necessary to demonstrate validity; and

(iv) Have received approval by the Administrator.

(d) Limiting values for incident radiant flux on offsite targets. The maximum incident radiant flux at an offsite target from burning of a total spill in an impounding space must be limited to the distances in paragraph (c) of this section using the following values of “(f)” or “Incident Flux”:

See PDF for table

(49 U.S.C. 1674a; 49 CFR 1.53 and Appendix A of Part 1)

[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57418, Aug. 28, 1980; Amdt. 193-13, 62 FR 8404, Feb. 25, 1997; 62 FR 36465, July 8, 1997]

193.2059 Flammable vapor-gas dispersion protection.

(a) Dispersion exclusion zone. Except as provided by paragraph (e) of this section, each LNG container and LNG transfer system must have a dispersion exclusion zone with a boundary described by the minimum dispersion distance computed in accordance with this section. The following are prohibited in a dispersion exclusion zone unless it is an LNG facility of the operator:

(1) Outdoor areas occupied by 20 or more persons during normal use, such as beaches, playgrounds, outdoor theaters, other recreation areas, or other places of public assembly.

(2) Buildings that are:

(i) Used for residences;

(ii) Occupied by 20 or more persons during normal use;

(iii) Contain explosive, flammable, or toxic materials in hazardous quantities;

(iv) Have exceptional value or contain objects of exceptional value based on historic uniqueness described in Federal, State, or local registers; or

(v) Could result in additional hazard if exposed to a vapor-gas cloud.

(b) Measuring dispersion distance. The dispersion distance is measured radially from the inside edge of an impounding system along the ground contour to the exclusion zone boundary.

(c) Computing dispersion distance. A minimum dispersion distance must be computed for the impounding system. If grading and drainage are used under §193.2149(b), operators must comply with the requirements of this section by assuming the space needed for drainage and collection of spilled liquid in an impounding system. Dispersion distances must be determined in accordance with the following dispersion parameters, using the “DEGADIS” model described in Gas Research Institute report No. GRI 89/0242 titled “LNG Vapor Dispersion Predication with the DEGADIS Dense Gas Dispersion Model”, or a model for vapor dispersion which meets the requirements of §193.2057(c)(2)(ii) through (iv):

(1) Average gas concentration in air = 2.5 percent.

(2) Dispersion conditions are a combination of those which result in longer predicted downwind dispersion distances than other weather conditions at the site at least 90 percent of the time, based on U.S. Government weather data, or as an alternative where the model used gives longer distances at lower wind speeds, Category F atmosphere, wind speed = 4.5 miles per hour, relative humidity equals 50.0 percent, and atmospheric temperatures = 0.0 C.

(3) Dispersion coordinates y, z, and H, where applicable, = 0.

(4) A surface roughness factor of 3 cm shall be used. Higher values for the roughness factor may be used if it can be shown that the terrain both upwind and downwind of the vapor cloud has dense vegetation and that the vapor cloud height is more than ten times the height of the obstacles encountered by the vapor cloud.

(d) Vaporization design rate. In computing dispersion distance under paragraph (c) of this section, the following applies:

(1) Vaporization results from the spill caused by an assumed rupture of a single transfer pipe (or multiple pipes that lack provisions to prevent parallel flow) which has the greatest overall flow capacity, discharging at maximum potential capacity, in accordance with the following conditions:

(i) The rate of vaporization is not less than the sum of flash vaporization and vaporization from boiling by heat transfer from contact surfaces during the time necessary for spill detection, instrument response, and automatic shutdown by the emergency shutdown system, but not less than 10 minutes, plus, in the case of impounding systems for LNG storage tanks with side or bottom penetrations, the time necessary for the liquid level in the tank to reach the level of the penetration or equilibrate with the liquid impounded assuming failure of the internal shutoff valve.

(ii) In determining variations in the vaporization rate due to surface contact, the time necessary to wet 100 percent of the impounding floor area shall be determined by equation C-9 in the 1974 AGA report titled “Evaluation of LNG Vapor Control Methods,” or by using an equivalent personal computer program based on equation C-9 or by an alternative model which meets the requirements of §193.2057(c)(2)(ii) through (iv).

(iii) After spill flow is terminated, the rate of vaporization is vaporization of the remaining spillage, if any, from boiling by heat transfer from contact surfaces that are reducing in area and temperature as a function of time.

(iv) Vapor detention space is all space provided for liquid impoundment and vapor detention outside the component served, less the volume occupied by the spilled liquid at the time the vapor escapes the vapor detention space.

(2) The boiling rate of LNG on which dispersion distance is based is determined using the weighted average value of the thermal properties of the contact surfaces in the impounding space determined from eight representative experimental tests on the materials involved. If surfaces are insulated, the insulation must be designed, installed, and maintained so that it will retain its performance characteristics under spill conditions.

(e) Planned vapor control. An LNG facility need not have a dispersion exclusion zone if the Administrator, RSPA finds that compliance with paragraph (a) of this section would be impractical and the operator prepares and follows a plan for controlling LNG vapor that is found acceptable by the Director. The plan must include circumstances under which LNG vapor is controlled to preclude the dispersion of a flammable mixture from the LNG facility under all predictable environmental conditions that could adversely affect control. The reliability of the method of control must be demonstrated by testing or experience with LNG spills.

(49 U.S.C. 1674a; 49 CFR 1.53 and Appendix A of Part 1)

[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57418, Aug. 28, 1980; Amdt. 193-13, 62 FR 8404, Feb. 25, 1997; 62 FR 36465, July 8, 1997; Amdt. 193-15, 63 FR 7723, Feb. 17, 1998]

193.2061 Seismic investigation and design forces.

(a) Except for shop fabricated storage tanks of 70,000 gallons or less capacity mounted within 2 feet of the ground, if an LNG facility is located at a site in Zone 0 or 1 of the “Seismic Risk Map of the United States,” UBC, each operator shall determine, based on a study of faults, hydrologic regime, and soil conditions, whether a potential exists at the site for surface faulting or soil liquefaction.

(b) Subject to paragraph (f) of this section, LNG facilities must be designed and built to withstand, without loss of structural or functional integrity, the following seismic design forces, as applicable:

(1) For LNG facilities (other than shop fabricated storage tanks of 70,000 gallons or less capacity mounted within 2 feet of the ground) located at a site in Puerto Rico in Zone 2, 3, or 4 of the “Seismic Risk Map of the United States,” or at a site determined under paragraph (a) of this section to have a potential for surface faulting or soil liquefaction, the forces that could reasonably be expected to occur at the foundation of the facility due to the most critical ground motion, motion amplification, permanent differential ground displacement, soil liquefaction, and symmetric and assymmetric reaction forces resulting from hydrodynamic pressure and motion of contained liquid in interaction with the facility structure.

(2) For all other LNG facilities, the total lateral force set forth in UBC, Volume 1, corresponding to the zone of the “Seismic Risk Map of the United States” in which the facility is located, and a vertical force equal to the total lateral force.

(c) Each operator of an LNG facility to which paragraph (b)(1) of this section applies shall determine the seismic design forces on the basis of a detailed geotechnical investigation and in accordance with paragraphs (d) and (e) of this section. The investigation must include each of the following items that could reasonably be expected to affect the site and be sufficient in scope to identify all hazards that could reasonably be expected to affect the facility design:

(1) Identification and evaluation of faults, Quaternary activity of those faults, tectonic structures, static and dynamic properties of materials underlying the site, and, as applicable, tectonic provinces within 100 miles of the site;

(2) Identification and evaluation of all historically reported earthquakes which could affect the determination under this section of the most critical ground motion or differential displacement at the site when correlated with particular faults, tectonic structures, and tectonic provinces, as applicable; and

(3) Identification and evaluation of the hydrologic regime and the potential of liquefaction-induced soil failures.

(d) The most critical ground motion must be determined in accordance with paragraph (e) of this section either:

(1) Probabilistically, when the available earthquake data are sufficient to show that the yearly probability of exceedance of most critical ground motion is 10 -4 or less; or

(2) Deterministically, when the available earthquake data are insufficient to provide probabilistic estimates, with the objective of determining a most critical ground motion with a yearly probability of exceedance of 10-4 or less.

(e) The determination of most critical ground motion, considering local and regional seismological conditions, must be made by using the following:

(1) A regionally appropriate attenuation relationship, assuming that earthquakes occur at a location on a fault, tectonic structure, or tectonic province, as applicable, which would cause the most critical seismic movement at the site, except that where epicenters of historically reported earthquakes cannot be reasonably related to known faults or tectonic structures, but are recognized as being within a specific tectonic province which is within 100 miles of the site, assume that those earthquakes occur within their respective provinces at a source closest to the site.

(2) A horizontal design response spectrum determined from the mean plus one standard deviation of a free-field horizontal elastic response spectra whose spectral amplitudes are consistent with values expected for the most critical ground motion.

(3) A vertical design response spectrum that is either two-thirds of the amplitude of the horizontal design response spectrum at all frequencies or equal to the horizontal design response spectrum where the site is located within 10 miles of the earthquake source.

(f) An LNG storage tank or its impounding system may not be located at a site where an investigation under paragraph (c) of this section shows that any of the following conditions exists unless the Administrator grants an approval for the site:

(1) The estimated design horizontal acceleration exceeds 0.8g at the tank or dike foundation.

(2) The specific local geologic and seismic data base is sufficient to predict future differential surface displacement beneath the tank and dike area, but displacement not exceeding 30 inches cannot be assured with a high level of confidence.

(3) The specific local geologic and seismic data base is not sufficient to predict future differential surface displacement beneath the tank and dike area, and the estimated cumulative displacement of a Quaternary fault within one mile of the tank foundation exceeds 60 inches.

(4) The potential for soil liquefaction cannot be accommodated by design and construction in accordance with paragraph (b)(1) of this section.

(g) An application for approval of a site under paragraph (f) of this section must provide at least the following:

(1) A detailed analysis and evaluation of the geologic and seismic characteristics of the site based on the geotechnical investigation performed under paragraph (c) of this section, with emphasis on prediction of near-field seismic response.

(2) The design plans and structural analysis for the tank, its impounding system, and related foundations, with a report demonstrating that the design requirements of this section are satisfied, including any test results or other documentation as appropriate.

(3) A description of safety-related features of the site or designs, in addition to those required by this part, if applicable, that would mitigate the potential effects of a catastrophic spill (e.g., remoteness or topographic features of the site, additional exclusion distances, or multiple barriers for containing or impounding LNG).

(h) Each container which does not have a structurally liquid-tight cover must have sufficient freeboard with an appropriate configuration to prevent the escape of liquid due to sloshing, wave action, and vertical liquid displacement caused by seismic action.

(49 U.S.C. 1674a; 49 CFR 1.53 and Appendix A of Part 1)

[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57419, Aug. 28, 1980]

193.2063 Flooding.

(a) Each operator shall determine the effects of flooding on an LNG facility site based on the worst occurrence in a 100-year period. The determination must take into account:

(1) Volume and velocity of the floodwater;

(2) Tsunamis (local, regional, and distant);

(3) Potential failure of dams;

(4) Predictable land developments which would affect runoff accumulation of water; and

(5) Tidal action.

(b) The effect of flooding determined under paragraph (a) of this section must be accommodated by location or design and construction, as applicable, to reasonably assure:

(1) The structural or functional integrity of LNG facilities; and

(2) Access from outside the LNG facility and movement of personnel and equipment about the LNG facility site for the control of fire and other emergencies.

193.2065 Soil characteristics.

(a) Soil investigations including borings and other appropriate tests must be made at the site of each LNG facility to determine bearing capacity, settlement characteristics, potential for erosion, and other soil characteristics applicable to the integrity of the facility.

(b) The naturally occurring or designed soil characteristics at each LNG facility site must provide load bearing capacities, using appropriate safety factors, which can support the following loads without excessive lateral or vertical movement that causes a loss of the functional or structural integrity of the facility involved:

(1) Static loading caused by the facility and its contents and any hydrostatic testing of the facility; and

(2) Dynamic loading caused by movement of contents of the facility during normal operation, including flow, sloshing, and rollover.

193.2067 Wind forces.

(a) LNG facilities must be designed to withstand without loss of structural or functional integrity:

(1) The direct effect of wind forces;

(2) The pressure differential between the interior and exterior of a confining, or partially confining, structure; and

(3) In the case of impounding systems for LNG storage tanks, impact forces and potential penetrations by wind borne missiles.

(b) The wind forces at the location of the specific facility must be based on one of the following:

(1) For shop fabricated containers of LNG or other hazardous fluids with a capacity of not more than 70,000 gallons, applicable wind load data in ASCE 7-88.

(2) For all other LNG facilities --

(i) An assumed sustained wind velocity of not less than 200 miles per hour, unless the Administrator, RSPA finds a lower velocity is justified by adequate supportive data; or

(ii) The most critical combination of wind velocity and duration, with respect to the effect on the structure, having a probability of exceedance in a 50-year period of 0.5 percent or less, if adequate wind data are available and the probabilistic methodology is reliable.

(49 U.S.C. 1674a; 49 CFR 1.53 and Appendix A of Part 1)

[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57419, Aug. 28, 1980; 58 FR 14522, March 18, 1993]

193.2069 Other severe weather and natural conditions.

(a) In addition to the requirements of §193.2061, 193.2063, 193.2065, and 193.2067, each operator shall determine from historical records and engineering studies the worst effect of other weather and natural conditions which may predictably occur at an LNG facility site.

(b) The facility must be located and designed so that such severe conditions cannot reasonably be expected to result in an emergency involving the factors listed in §193.2063(b).

193.2071 Adjacent activities.

(a) Each operator shall determine that present and reasonably foreseeable activities adjacent to an LNG facility site that could adversely affect the operation of the LNG facility or the safety of persons or offsite property, if damage to the facility occurs.

(b) An LNG facility must not be located where present or projected offsite activities would be reasonably expected to:

(1) Adversely affect the operation of any of its safety control systems;

(2) Cause failure of the facility; or

(3) Cause the facility not to meet the requirements of this part.

193.2073 Separation of facilities.

Each LNG facility site must be large enough to provide for minimum separations between facilities and between facilities and the site boundary to:

(a) Permit movement of personnel, maintenance equipment, and emergency equipment around the facility; and

(b) Comply with distances specified in sections 2-2.4 through 2-2.7 of ANSI/NFPA 59A.

[58 FR 14522, March 18, 1993]

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DOT

49 CFR §193.2301, Subpart D June 1998

SUBPART D -- CONSTRUCTION

193.2301 Scope.

This subpart prescribes requirements for the construction or installation of components.

193.2303 Construction acceptance.

No person may place in service any component until it passes all applicable inspections and tests prescribed by this subpart.

193.2304 Corrosion control overview.

(a) Subject to paragraph (b) of this section, components may not be constructed, repaired, replaced, or significantly altered until a person qualified under §193.2707(c) reviews the applicable design drawings and materials specifications from a corrosion control viewpoint and determines that the materials involved will not impair the safety or reliability of the component or any associated components.

(b) The repair, replacement, or significant alteration of components must be reviewed only if the action to be taken --

(1) Involves a change in the original materials specified;

(2) Is due to a failure caused by corrosion; or

(3) Is occasioned by inspection revealing a significant deterioration of the component due to corrosion.

(49 U.S.C. 1674(a); 49 CFR 1.53 and Appendix A to Part 1)

[Amdt. 193-2, 45 FR 70404, Oct. 23, 1980]

193.2305 Procedures.

(a) In performing construction, installation, inspection, or testing, an operator must follow written specifications, procedures, and drawings, as appropriate, that are consistent with this part, taking into account relevant mechanical, chemical, and thermal properties, component functions, and environmental effects that are involved.

(b) All procedures, including any field revisions, must be substantiated by testing or experience to produce a component that is reliable and complies with the design and installation requirements of this part.

193.2307 Inspection.

(a) All construction, installation, and testing activities must be inspected as frequently as necessary in accordance with a written plan to assure that --

(1) Activities are in compliance with all applicable requirements of this subpart; and

(2) Components comply with the applicable material, design, fabrication, installation, and construction requirements of this part.

(b) In addition to the requirements of paragraph (a) of this section, the construction of concrete storage tanks must be inspected in accordance with ACI 311.4R-88 or ACI 311.5R-88.

(c) Each operator shall have a quality assurance inspection program to verify that components comply with their design specifications and drawings, including any field design changes, before they are placed in service.

[58 FR 14522, March 18, 1993]

193.2309 Inspection and testing methods

Except as otherwise provided by this subpart, each operator shall determine, commensurate with the hazard that would result from failure of the component concerned, the scope and nature of --

(a) Inspections and tests required by this subpart; and

(b) Inspection and testing procedures required by §193.2305.

193.2311 Cleanup.

After construction or installation, as the case may be, all components must be cleaned to remove all detrimental contaminants which could cause a hazard during operation, including the following:

(a) All flux residues used in brazing or soldering must be removed from the joints and the base metal to prevent corrosive solutions from being formed.

(b) All solvent type cleaners must be tested to ensure that they will not damage equipment integrity or reliability.

(d) All contaminants must be captured and disposed of in a manner that does not reduce the effectiveness of corrosion protection and monitoring provided as required by this part.

193.2313 Pipe welding.

(a) Each operator shall provide the following for welding on pressurized piping for LNG and other hazardous fluids:

(1) Welding procedures and welders qualified in accordance with section IX of the ASME Boiler and Pressure Vessel Code or API 1104, as applicable;

(2) When welding materials that are qualified by impact testing, welding procedures selected to minimize degradation of low temperature properties of the pipe material; and

(3) When welding attachments to pipe, procedures and techniques selected to minimize the danger of burn-throughs and stress intensification.

(b) Oxygen fuel gas welding is not permitted on flammable fluid piping with a service temperature below -29 degrees C (-20 degrees F).

(d) Surfaces of components that are less than 6.35 mm (0.25 in.) thick may not be field die stamped.

(e) Where die stamping is permitted, any identification marks must be made with a die having blunt edges to minimize stress concentration.

[45 FR 9203, 11, 1980, as amended at 47 FR 32720, July 29, 1982; 47 FR 33965, Aug. 5, 1982]

193.2315 Piping connections.

(a) Piping more than 2 inches nominal diameter must be joined by welding, except that --

(1) Threaded or flanged connections may be used where necessary for special connections, including connections for material transitions, instrument connections, testing, and maintenance;

(2) Copper piping in nonflammable service may be joined by silver brazing; and

(3) Material transitions may be made by any joining technique proven reliable under §193.2305(b).

(b) If socket fittings are used, a clearance of 1.6 to 3.2 mm (0.063 to 0.126 in.) between the pipe end and the bottom of the socket recess must be provided and appropriate measurement reference marks made on the piping for the purpose of inspection.

(1) Free of stress from external loading; and

(2) Seal welded, or sealed by other means which have been tested and proven reliable.

(d) Compression type couplings must meet the requirements of ASME/ANSI B31.3.

(e) Care shall be taken to ensure the tightness of all bolted connections. Spring washers or other such devices designed to compensate for the contraction and expansion of bolted connections during operating cycles shall be used where required.

(f) The selection of gasket material shall include the consideration of fire.

[58 FR 14522, March 18, 1993]

193.2317 Retesting.

After testing required by this subpart is completed on a component to contain a hazardous fluid, the component must be retested whenever --

(a) Penetration welding other than tie-in welding is performed; or

(b) The structural integrity of the component is disturbed.

193.2319 Strength tests.

(a) A strength test must be performed on each piping system and container to determine whether the component is capable of performing its design function, taking into account --

(1) The maximum allowable working pressure;

(2) The maximum weight of product which the component may contain or support;

(b) For piping, the test required by paragraph (a) of this section must include a pressure test conducted in accordance with section 345 of ASME/ANSI B31.3, except that test pressures must be based on the design pressure. Carbon and low alloy steel piping must be pressure tested above their nil ductility transition temperature.

(c) All shells and internal parts of heat exchangers to which section VIII, Division 1, or Division 2 of the ASME Boiler and Pressure Vessel Code, applies must be pressure tested, inspected, and stamped in accordance therewith.

[58 FR 14522, March 18, 1993]

193.2321 Nondestructive tests.

(a) The following percentages of each day’s circumferentially welded pipe joints for hazardous fluid piping, selected at random, must be nondestructively tested over the entire circumference to indicate any defects which could adversely affect the integrity of the weld or pipe:

See PDF for table

(b) Evaluation of weld tests and repair of defects must be in accordance with the requirements of ASME/ANSI B31.3 or API 1104, as applicable.

(c) Where longitudinally or spiral welded pipe is used in transfer systems, 100 percent of the seam weld must be examined by radiographic or ultrasonic inspection.

(d) The butt welds in metal shells of storage tanks with internal design pressure of not more than 15 psig must be radiographically tested in accordance with section Q.7.6, API 620, Appendix Q, except that for hydraulic load bearing shells with curved surfaces that are subject to cryogenic temperatures, 100 percent of both longitudinal (or meridional) and circumferential or (or latitudinal) welds must be radiographically tested.

(e) The butt welds in metal shells of storage tanks with internal design pressure above 15 psig must be radiographically tested in accordance with section IX of the ASME Boiler and Pressure Vessel Code, except that for hydraulic load bearing shells with curved surfaces that are subject to cryogenic temperatures, 100 percent of both longitudinal (or meridional) and circumferential (or latitudinal) welds must be radiographically tested.

[58 FR 14522, March 18, 1993; Amdt. 193-10, 61 FR 18517, April 26, 1996]

193.2323 Leak tests.

(a) Each container and piping system must be initially tested to assure that the component will contain the product for which it is designed without leakage.

(b) Shop fabricated containers and all flammable fluid piping must be leak tested to a minimum of the design pressure after installation but before placing it in service.

(c) For a storage tank with vacuum insulation, the inner container, outer shell, and all internal piping must be tested for vacuum leaks in accordance with an appropriate procedure.

193.2325 Testing control systems.

Each control system must be tested before being placed in service to assure that it has been installed properly and will function as required by this part.

193.2327 Storage tank tests.

(a) In addition to other applicable requirements of this subpart, storage tanks for cryogenic fluids with internal design pressures of not more than 15 psig must be tested in accordance with sections Q8, Q9, and Q10 of API 620, appendix Q, as applicable.

(b) Metal storage tanks for cryogenic fluids with internal design pressures above 15 psig must be tested in accordance with the applicable division of section VIII of the ASME Boiler and Pressure Vessel Code.

(c) Reference measurements must be made with appropriate precise instruments to assure that the tank is gas tight and lateral and vertical movement of the storage tank does not exceed predetermined design tolerances.

[58 FR 14522, March 18, 1993]

193.2329 Construction records.

For the service life of the component concerned, each operator shall retain appropriate records of the following:

(a) Specifications, procedures, and drawings prepared for compliance with 193.2305; and

(b) Results of tests, inspections, and the quality assurance program required by this subpart.

Chapter Trans 30 RAILROAD AND PUBLIC UTILITY ALTERATION AND RELOCATION LOAN PROGRAM

Wis. Admin. Code § Trans 30.01 Purpose and scope {#sec-trans-30.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.01}

The purpose of this chapter is to provide loans to railroad and public utility companies to encourage them to alter or relocate their facilities in advance of the department awarding contracts on state trunk and connecting highway improvement projects where such alteration or relocation work is not otherwise reimbursable by the department. Loans shall be repaid with or without interest, as prescribed in s. 84.065 (3) (d), Stats.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91.

Wis. Admin. Code § Trans 30.02 Definitions {#sec-trans-30.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.02}

(1) The definition of words and phrases in s. 84.065(2), Stats., apply to this chapter. In this chapter:

(2) “Alteration” means changing, modifying or adjusting railroad or public utility facilities.

(3) “Applicant” means a railroad company or a public utility company applying for a loan under this chapter.

(4) “Connecting highway” has the meaning given in s. 340.01 (9), Stats.

(5) “Department” means the department of transportation.

(6) “Improvement” has the meaning given in s. 84.06 (1), Stats.

(7) “Loan agreement” means a signed document which sets forth the understandings between an applicant and the department for alteration or relocation of facilities and disbursement and repayment of funds.

(8) “Loan ceiling” means the maximum amount of money that the department will loan to a single applicant.

(9) “Recipient” means a railroad or public utility company granted a loan under this chapter.

(10) “Relocation” means establishing an existing railroad or public utility facility in a new place.

(11) “Secretary” means the secretary of transportation.

(12) “State trunk highway” has the meaning given in s. 340.01 (60), Stats.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91.

Wis. Admin. Code § Trans 30.03 Eligibility {#sec-trans-30.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.03}

(1) State trunk or connecting highway improvement project. Only a railroad or a public utility is eligible for a loan under this chapter. An alteration or relocation project shall be part of a planned state trunk or connecting highway improvement project to qualify for a loan under this chapter.

(2) Exclusions.

(a) Alteration or relocation work which is reimbursable by the department under other policies or programs is not eligible for a loan under this chapter.

(b) Alteration or relocation projects not adversely affecting the ability of the department’s highway contractor to start, progress, and complete a highway improvement in accordance with the programmed highway construction schedule are not eligible for a loan under this chapter.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91.

Wis. Admin. Code § Trans 30.04 Application procedures {#sec-trans-30.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.04}

(1) Application packet. Applicants may contact either the department’s chief utilities engineer or the utilities engineer of a department region office for an application packet containing the application requirements and a description of the application screening, evaluation and loan availability process.

Note: The central office address is Chief Utilities Engineer, Wisconsin Department of Transportation, P.O. Box 7916, Madison, WI 53707.

(2) Review process. Completed applications shall be sent for initial review and recommendation to the department’s region office in which the alteration or relocation work is to take place. Applications shall be accepted by the department throughout the year. Applications will not be evaluated for eligibility unless all information required in the application packet is complete. The region office’s review shall be completed within 45 days of the receipt of the application material and the region office’s recommendation shall be reported to the applicant within 10 days following completion of the region office’s review. Applications recommended for approval by the region office shall be forwarded to the department’s state design engineer for highways within 10 days following completion of the region office’s review. The department shall notify the applicant of its final decision within 30 days of receipt of the region office’s recommendation by the state design engineer for highways.

(3) Information requirements.

(a) An application shall demonstrate an applicant’s need to alter or relocate its facilities consistent with s. Trans 30.01, and include the following minimum information:

An acknowledgement that the applicant will comply with all federal and state laws and local ordinances relating to the alteration or relocation of its facilities.
A narrative description, supported by exhibits, plats, maps and an estimate of cost with manhours, quantities, bill of materials and unit costs, of all work to be performed with the loan funds.
A statement indicating whether additional land interests are required to accomplish the alteration or relocation work. If additional land interests are required, the applicant shall provide plats, maps and descriptions of the required land interests, and shall indicate whether it will acquire the additional land interests or whether it will occupy lands acquired by the department for highway purposes.
A schedule, including specific calendar dates, for starting and completing the work, including dates for completion of significant intermediate phases of the work.

(b) The department may require supplemental information to complete its review of an application. The department shall notify an applicant in writing of any supplemental information required and shall set reasonable deadlines for the receipt of this information. If the supplemental information is not received by the deadlines established, the department may remove the application from consideration.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; corrections in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 30.05 Standards for the approval of loans {#sec-trans-30.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.05}

(1) Criteria. The department may approve applications that satisfy the following criteria:

(a) The eligibility requirements of s. Trans 30.03.

(b) The applicant has been in business in Wisconsin for a continuous period of not less than 5 years prior to the date of the loan application.

(d) A demonstration of the ability of the applicant to repay the loan within the time frame prescribed in s. Trans 30.09.

(e) An applicant may not have a total of more than $200,000 in loan funds outstanding under this program at one time.

(f) Sufficient funds are available.

(2) Compatibility with improvement program.

(a) The department may not grant a loan unless it determines that an application is compatible with the department’s highway improvement program construction schedules.

(b) The department shall consider loan applications on the basis of state-wide needs and importance.

(c) The department may not loan funds more than 2 years before, or within 90 days of, the scheduled letting of a highway construction contract.

(d) The department may not loan funds to finance work to be carried out concurrent with highway construction.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91.

Wis. Admin. Code § Trans 30.06 Loan agreement {#sec-trans-30.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.06}

(1) An applicant with an approved loan application shall execute a loan agreement with the department on a form approved by the department.

(2) A loan agreement is void unless it is executed by an applicant and by the department within 60 days of approval of the loan application by the department.

(3) Recipients are subject to all relevant statutes, rules, and agreements of the department, including the obligation to obtain a permit from the department to occupy highway rights-of-way.

(4) The amount of loan provided by the department shall be stated in the loan agreement.

(5) Recipients shall make periodic progress reports to the department if required by the agreement.

(6) The department shall require repayment of loan funds advanced to a recipient if the railroad or public utility alteration or relocation project for which the loan funds are granted is not completed in accordance with all terms of the loan agreement.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91.

Wis. Admin. Code § Trans 30.07 Disbursement of funds {#sec-trans-30.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.07}

After a loan agreement is executed in accordance with s. Trans 30.06, the department shall disburse the full amount of the approved loan to the recipient within 30 days of receipt of written notice from the recipient that the relocation or alteration work for which the loan was approved will commence within 30 days after receipt of the loan funds.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91.

Wis. Admin. Code § Trans 30.08 Prosecution of work {#sec-trans-30.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.08}

(1) Upon receipt of loan funds, the recipient shall carry out the alteration or relocation work for which the loan was approved to completion in a timely and expeditious manner in accordance with a schedule approved by the department.

(2) The recipient may not suspend or delay work without approval of the department.

(3) The department may not unreasonably withhold approval for suspension or delay of the recipient’s work if there is just cause for the delay or suspension.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91.

Wis. Admin. Code § Trans 30.09 Loan repayment {#sec-trans-30.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.09}

(1) Loans may be repaid with or without interest, as prescribed in the loan agreement. The interest rate shall be as prescribed in s. 84.065 (3) (d), Stats.

Note: Principal and interest, if any, shall be repaid within one year of the date the highway construction improvement contract is awarded, s. 84.065 (3) (d), Stats.

(2) In the event alteration or relocation work for which the loan was approved is suspended or delayed for more than 90 days as approved under s. Trans 30.08, the recipient shall, upon the department’s request, refund to the department the outstanding balance of any loan, plus interest as prescribed in s. 84.065 (3) (d), Stats.

(3) The recipient shall refund to the department the outstanding balance of any loan after completion of the alteration or relocation work for which the loan was approved, plus interest as prescribed in s. 84.065 (3) (d), Stats.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91.

Wis. Admin. Code § Trans 30.10 Inspection of work {#sec-trans-30.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.10}

The department may inspect the alteration or relocation work for which the loan was approved, without prior notice and at reasonable times, for compliance with the provisions of the loan application and the loan agreement.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91.

Wis. Admin. Code § Trans 30.11 Audit and inspection of records {#sec-trans-30.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 30.11}

The department may audit and inspect the records of a recipient to ascertain that the costs for the alteration or relocation work for which the loan was approved are in substantial conformity with the approved loan application. Recipients shall retain all records related to a loan granted under this chapter for at least 3 years from the date the loan was repaid, and shall make these records available for inspection and copying by the department upon request.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91.

Chapter Trans 31 RAIL PASSENGER EXCURSIONS ON STATE-OWNED RAIL LINES

Wis. Admin. Code § Trans 31.01 Purpose and applicability {#sec-trans-31.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 31.01}

This chapter prescribes policies and procedures relating to applications for authority to operate rail passenger excursion trains on state-owned railroad lines. It also describes the procedures for requesting a permit to operate rail passenger excursion trains on state-owned railroad lines. This chapter does not apply to the operation of any railroad passenger train operated under STB authority or direction nor to the operation of customer specials by an operator.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. Register, May, 1999, No. 521, eff. 6-1-99.

Wis. Admin. Code § Trans 31.02 Definitions {#sec-trans-31.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 31.02}

In this chapter:

(1) “Additional application” means a subsequent application for an additional excursion to be held during the same calendar year in which an applicant has applied for and obtained a permit to operate an excursion train by the same operator or sponsor.

(1m) “Applicant” means a person applying for a permit to operate a rail passenger excursion train on state-owned railroad lines under this chapter.

(2) “BR&H” means the bureau of railroads and harbors within the department.

(3) “Commission” means the municipal body which has received a grant from the department for the preservation of freight rail service and provides itself, or has contracted with an operator to provide, freight rail service on the line proposed to be used for operation of a rail passenger excursion train.

(4) “Commuter train” means a short-haul rail passenger service operating in metropolitan and suburban areas, whether within or across the geographic boundaries of a state, usually characterized by reduced fare, multiple rides and commutation tickets and by morning and evening peak period operations.

(5) “Customer special” means a train carrying persons, without a fee paid by any person, for the purpose of earning the goodwill of current and potential customers of the operator, for showing all or a portion of the state-owned railroad property to members of the commission or other government officials or for showing all or a portion of the state-owned railroad property to employees of the operator or members of their families.

(5m) “Day” means calendar, not work, day.

(6) “Department” means the Wisconsin department of transportation or any successor to that department charged by law with administering Wisconsin’s railroad programs.

(7) “Dinner train” means a train which is operated for the purpose of passenger recreation, including serving a meal for which a fee is paid by the passengers or any other person.

(8) “Excursion train” means a train or a dinner train operated for pleasure or recreation which carries passengers for a fee, or any other vehicle operated on rails for pleasure or recreation regardless of whether passengers are carried or a fee is charged. “Excursion train” does not include customer specials, commuter trains, and trains operated by the national railroad passenger corporation.

Note: Vehicles operated on rails for pleasure or recreation include railcars, railroad motorcars, railroad handcars, and railroad speeder cars.

(9) “FRA” means the federal railroad administration of the United States department of transportation.

(10) “Improved property” means the rails, joint bars, ties, ballast, bridges, culverts, drainage structures, and buildings acquired by the department, or by a commission with a grant from the department.

(11) “Municipality” means a county, city, town, village or organization established under s. 66.0301, Stats.

(12) “Operating agreement” means a contract between a commission and an operator providing for rail service on state-owned railroad property.

(13) “Operator” means the person under contract to a commission to provide freight rail service on state-owned railroad property.

(14) “Permittee” means the person who submits an application and who receives a permit.

(15) “Person” means an individual, a partnership, an association, and bodies politic or corporate.

(16) “Sponsor” means the person who shall earn any profit made by the excursion train or who shall suffer any loss incurred by the excursion train.

(17) “State-owned railroad property” means improved property acquired by the department either on its own under authority of ss. 85.08 and 85.09, Stats., or in conjunction with a municipality under authority of s. 85.08, Stats.

(18) “STB” means the federal surface transportation board, which has regulatory authority over railroads, or any other governmental agency that assumes its authority and responsibilities.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; renum. (1), (10) and (11) to be (1m), (11) and (12), cr. (1), (5m), (12) and (18), r. and recr. (8), r. (10), Register, May, 1999, No. 521, eff. 6-1-99; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 31.03 Permit requirement and application {#sec-trans-31.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 31.03}

(1) When required. No person may operate an excursion train on state-owned railroad property without first obtaining a permit issued by the department. An application for a permit shall be submitted to the department not less than 45 days prior to the date of the first planned operation.

Note: Applications may be submitted to BR&H, 4802 Sheboygan Avenue, P. O. Box 7914, Madison, Wisconsin 53707-7914.

(2) Who may submit. An application to operate an excursion train which uses state-owned railroad property shall only be submitted by the operator of the state-owned railroad property to be used for the proposed operation. If there is not an operator of the state-owned railroad property, the application shall be submitted by the sponsor of the excursion train to the department.

(3) Fees.

(a) Application fee.

Each application for a permit to operate an excursion train on state-owned railroad property shall be accompanied by an application fee of $300.
An application may request multiple dates and locations during a calendar year.

(b) Inspection fee. In addition to the application fee in par. (a), each application for a permit to operate an excursion train on state-owned railroad property shall be accompanied by the inspection fee determined in accordance with the following schedule:

(c) Refunds of fees. The application fee is not refundable, even if a permit application is denied. The inspection fee shall be returned only if a permit is denied.

(4) Additional applications. An additional application for extended operations during the same calendar year by the same operator or sponsor shall be accompanied by an additional application fee of $200 and an additional inspection fee for the additional days requested in the additional permit application.

(5) Period for review.

(a) BR&H shall review an application and notify the applicant of approval or denial of the application within 21 days following receipt of a complete application.

(b) An application may be denied for any one of the following reasons:

Submittal less than 21 days prior to the first planned operation of the excursion train.
Submittal of an incomplete application.
Failure to comply with any of the standards or requirements prescribed in this chapter.
Submittal of materially false information.
Proposing operation of an excursion train by a sponsor or operator with at least one prior violation of this chapter.

(c) BR&H may require additional information from an applicant to complete its review of an application. If an application is received at least 45 days prior to the date of the first planned operation, BR&H shall have 21 days from the receipt of the additional information to render its decision about the application.

(d) BR&H shall notify an applicant in writing of all deficiencies in an application, and the reasons for a denial.

(6) Resubmittal.

(a) An application which has been denied by BR&H in accordance with sub. (5) (b) 1. may be resubmitted in compliance with this section.

(b) An application which has been denied by BR&H in accordance with sub. (5) (b) 2. or 3. may be resubmitted with the additional information identified in BR&H’s letter denying the original application.

(c) An application which has been denied by BR&H in accordance with sub. (5) (b) 4. or 5. may not be resubmitted until after the sanctions imposed by s. Trans 31.07 (3) have expired.

(d) An additional application fee of $200, plus inspection fees, shall accompany a resubmitted application under this subsection.

(7) Permit. The department shall issue an applicant a written permit for the proposed operation following its approval of an application. A copy of the permit shall be forwarded to the sponsor and commission as appropriate.

(8) Duration. Any permit issued by the department shall expire on the date specified by BR&H. In no event shall a permit expire later than December 31 of the year in which the application proposes operation to commence.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1), (3) (b) and (4), renum. (3) (a) to be (3) (a) 1 and (9) to be (8), cr. (3) (a) 2., r. (5), renum. (6) to be (5) and am. (5) (a), (b) 1. and (c) and renum. and am. (7) and (8) to be (6) and (7), Register, May, 1999, No. 521, eff. 6-1-99.

Wis. Admin. Code § Trans 31.04 Contents of an application {#sec-trans-31.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 31.04}

(1) All applications for operation of an excursion train shall contain all of the following:

(a) The name and address of the sponsor and the name and daytime telephone and facsimile number of a representative of the sponsor.

(b) The dates proposed for operation.

(d) The number of trips to be conducted on each day proposed for operation from each loading point.

(e) The specific type of motive power for railroad equipment to be used, for example, steam, diesel or gas.

(f) The policy concerning advance sale of tickets, including cancellation and refund.

(g) The proposed maximum speed of operation.

(h) A certified statement from the operator, or from the sponsor if there is not an operator, that states all of the following:

The track to be used is in compliance with the FRA track safety standards for class 1 track, or track rehabilitated to a higher standard.
All active grade-crossing warning devices are functional and can be operated by the equipment proposed to be used unless BR&H waives this requirement in writing on the permit.
All on-going track, signal and equipment inspections will be performed as required, and current FRA roadway worker safety rules are enforced at all times.
The equipment and bridges to be used are in compliance with applicable FRA requirements, state laws and this chapter.
Other powered or non-powered vehicles operating as excursion trains are in compliance with the North American railcar operators association latest book of rules, and motorcar inspection reports for each vehicle are available.
All at-grade crossings are in full compliance with the requirements in s. 195.29 (6), Stats.

(i) A copy of the certificate of insurance evidencing general liability coverage in the minimum amount of $5 million. The certificate shall name the department and commission, if any, as additional insureds.

Note: An operator may require additional insurance.

(j) A description of the sponsor’s plans for handling all of the following:

Parking, including written authorization to use any publicly or privately-owned property.
Cleanup of parking, loading and unloading areas.
Medical emergencies which may arise during the excursion.
Continued maintenance of track, bridges, warning devices and equipment.
Control of vegetation.
Service and storage of railroad equipment on state-owned railroad property.
Environmental protection and clean-up procedures, including petroleum spills and scrap tie disposal.
Handling and disposal of human waste. Human waste may not be discharged onto the track.

(k) Evidence of the ability to refund advance ticket sales by one of the following means:

An escrow account with a Wisconsin financial institution for the deposit of all advance ticket sales.
A financial instrument from a Wisconsin financial institution in an amount sufficient to refund the expected advance payments for service in the event that the excursion is not operated for any reason.
Sponsors who are municipalities may provide a written record of an official action of the municipality’s governing body assuming the obligation to make refunds when necessary, in lieu of an escrow account or a financial instrument.

(L) The appropriate fee specified in s. Trans 31.03 (3).

(m) An operator’s statement that it concurs with the proposed operation, if the sponsor is not the operator.

(n) A statement that the operator and sponsor agree to pay any claim for any bodily injury or property damage resulting from operation under the permit for which the operator or sponsor are legally responsible; and that the operator and sponsor will indemnify and hold harmless the state, its subdivisions, officers, employees and agents from any claim which may arise from operation under the permit.

(2)

(a) The first application submitted by a sponsor shall include a business plan in addition to the items in sub. (1). The business plan shall cover a period of 2 full fiscal years plus the portion of the operator’s fiscal year remaining as of the date of the proposed operation. The business plan shall include all of the following:

Pro forma balance sheet, including budgeted costs for inspections, maintenance, equipment and improvements.
Pro forma income statement.
Pro forma sources and uses statement.
Marketing plan.

(b) Applications for a permit for subsequent years may not be required to include a business plan, if the operations proposed are similar to the operations described in the initial permit application.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (a), (e) (intro.), (h) 1. to 3., (2) (a) (intro.), and 1., r. (1) (e) 1. to 5., r. and recr. (1) (h) 5., cr. (1) (h) 6., (j) 4. to 8. and (n), Register, May, 1999, No. 521, eff. 6-1-99.

Wis. Admin. Code § Trans 31.05 Sponsorship {#sec-trans-31.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 31.05}

(1) By a sponsor. Any person may sponsor an excursion train on state-owned track only with the concurrence of the operator, except where there is not an operator on that track. A sponsor shall prepare its application in cooperation with the operator. The operator, or the sponsor if there is no operator, shall submit the application to the department by the date specified in s. Trans 31.03 (1).

(2) By an operator. An operator may become a sponsor, but must comply with the requirements of this chapter relating to sponsors.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1), Register, May, 1999, No. 521, eff. 6-1-99.

Wis. Admin. Code § Trans 31.06 Advertising prior to receipt of a permit {#sec-trans-31.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 31.06}

An operator or sponsor may advertise the schedule of an excursion train prior to receiving a permit from the department only if the advertisement contains a written notice stating the following: Subject to receipt of a permit from the Wisconsin department of transportation.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § Trans 31.07 Sanctions {#sec-trans-31.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 31.07}

(1) The department may deny or immediately cancel a permit for any one of the following reasons:

(a) A sponsor does not conduct operations as specified in its application.

(b) Advertising is conducted prior to the issuance of a permit without the notice required in s. Trans 31.06.

(d) An applicant provides materially false information in the application for a permit.

(2) Notice of denial or cancellation of a permit shall be given to the sponsor and the operator. The notice may be delivered by facsimile, U.S. mail or in person. No operator may operate, or allow the operation of, any equipment by or on behalf of a sponsor after receipt of notice from the department that a permit is denied or canceled.

(3) If a permit is canceled, no subsequent permit shall be issued to the permittee for a period of one calendar year from the date of permit cancellation.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (intro.) and (2), Register, May, 1999, No. 521, eff. 6-1-99.

Wis. Admin. Code § Trans 31.08 Audit and inspection {#sec-trans-31.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 31.08}

(1) The department shall inspect the track, grade crossings, and signal devices; the FRA track inspection records; and the maintenance and FRA inspection records for all equipment used by an operator or sponsor, to verify compliance with the requirements in s. Trans 31.04 (1) (h).

(2) The department may audit and inspect the records of an operator or a sponsor to verify compliance with the requirements of this chapter. Operators and sponsors shall retain all records related to an application for a permit under this chapter for at least 3 years from the date the permit was issued, and shall make these records available for inspection and copying by the department upon request.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Chapter Trans 54 ADVANCE LAND ACQUISITION LOAN PROGRAM FOR AIRPORTS

Wis. Admin. Code § Trans 54.01 Purpose and scope {#sec-trans-54.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 54.01}

(1) The purpose of this chapter is to establish administrative policies and procedures necessary to implement the advance land acquisition loan fund for airports as established in s. 114.37, Stats.

(2) The scope of this chapter shall include all provisions of s. 114.37, Stats., and applicable provisions contained in ss. 114.13 and 114.33, Stats.

History

Cr. Register, May, 1982, No. 317, eff. 6-1-82.

Wis. Admin. Code § Trans 54.02 Definitions {#sec-trans-54.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 54.02}

Along with words and phrases as defined in ss. 114.001 and 114.002, Stats., the following definitions shall apply in the interpretation of this chapter:

(1) “Assessment of value” means a value ascribed to the property by the department. It includes, but is not limited to, the purchase price, awards of damages, and awards or values set by courts, regulatory bodies, or arbitration, plus such other costs as may be incurred in the purchase, including the cost of litigation, relocation, relocation assistance, land surveys, appraisals, negotiation, legal services, necessary project plans, environmental studies, and other costs incidental to the acquisition.

(2) “Bureau” means department of transportation, bureau of aeronautics.

(3) “Fund” means the advance land acquisition loan funds referred to in s. 114.37 (3), Stats.

(4) “Sponsor” means the owner or prospective owner of a public-use airport in the Wisconsin state airport system plan, including a city, county, town, village or owner of a public-use airport and any 2 or more such governmental units having joint ownership.

History

Cr. Register, May, 1982, No. 317, eff. 6-1-82; am. (4), Register, April, 1993, No. 448, eff. 5-1-93.

Wis. Admin. Code § Trans 54.03 Eligibility {#sec-trans-54.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 54.03}

Land to be purchased under the advance land acquisition program shall meet all of the following requirements:

(1) The land to be acquired must be part of a planned airport improvement project or a land acquisition project.

(2) The site or airport shall be included in the Wisconsin state airport system plan.

(3) The land to be acquired shall be included in a department approved airport layout plan.

(4) The land to be acquired shall be capable of being utilized and developed in substantial compliance with state and federal environmental protection laws.

History

Cr. Register, May, 1982, No. 317, eff. 6-1-82.

Wis. Admin. Code § Trans 54.04 Loan initiation {#sec-trans-54.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 54.04}

The sponsor shall submit an application for an advance land acquisition loan in the form of a resolution satisfactory to the secretary.

Note: Application and grant contract forms are available from the department of transportation, bureau of aeronautics, P.O. Box 7914, Madison, WI 53707.

History

Cr. Register, May, 1982, No. 317, eff. 6-1-82.

The sponsor shall, by contract, agree to:

(1) Pay the cost of any loan initiation plans or investigations necessary for the department to justify making the loan.

(2) Designate the secretary as the sponsor’s agent and execute an agency agreement.

(3) Execute a contract of responsibility and performance with the secretary as part of the loan agreement.

(4) Petition for the relocation order to acquire land under s. 114.33, Stats., if condemnation is required.

History

Cr. Register, May, 1982, No. 317, eff. 6-1-82.

Wis. Admin. Code § Trans 54.06 Allocation {#sec-trans-54.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 54.06}

(1) In making loans from the fund, the secretary shall consider:

(a) The statewide priority of the proposed land acquisition.

(b) The adverse effect that failure to acquire the property would have on air traffic safety and future airport development.

(2) The department may make a loan for up to 80% of the estimated land acquisition costs, including the costs of any necessary project plans and environmental studies so long as that amount does not exceed 80% of the department’s assessment of the value of the property as defined in s. Trans 54.02.

History

Cr. Register, May, 1982, No. 317, eff. 6-1-82.

Wis. Admin. Code § Trans 54.07 Ownership and property management {#sec-trans-54.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 54.07}

(1) Title to the land or any property interest acquired through this program shall be held by the sponsor, but the department may retain a security interest in the land until the loan is repaid.

(2) Land or improvements, acquired as uneconomic remnants or to minimize severance damage, may be disposed of by the sponsor.

(3) Building sites or other improvements on the land may be cleared by the sponsor before development or prior to the disposition of unneeded segments.

History

Cr. Register, May, 1982, No. 317, eff. 6-1-82.

Wis. Admin. Code § Trans 54.08 Recovery of loan balance, interest and administrative costs {#sec-trans-54.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 54.08}

As part of the loan agreement, the secretary shall provide for the recovery of loan funds, interest, and administrative costs. The agreement shall require:

(1) That the primary source of repayment shall be:

(a) Any federal, state, or sponsor’s share of funds received for the land acquisition.

(b) Net income derived from the sale of surplus land and improvements acquired with loan funds. Such income shall be returned immediately upon receipt by the sponsor.

(2) If funds available under sub. (1) are insufficient, then the remaining loan balance, interest, and administrative costs shall be repaid from:

(a) Any net income derived from leasing the land or improvements on the land acquired by the sponsor under the advance land acquisition loan program.

(b) Any other sources of revenue available to the sponsor.

(3) The period for repayment of the loan balance, interest, and administrative costs shall not exceed 5 budget years. The repayment schedule shall be a matter of negotiation between the state and the sponsor.

(4) Interest shall be charged at the rate of 4% per year on the unpaid principal balance.

History

Cr. Register, May, 1982, No. 317, eff. 6-1-82.

Chapter Trans 55 CONDITIONS OF STATE AID FOR AIRPORT IMPROVEMENT

Wis. Admin. Code § Trans 55.01 Purpose {#sec-trans-55.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 55.01}

The purpose of this chapter is to identify the conditions necessary to the granting of state aid as required in s. 114.31, Stats. This chapter describes owner responsibilities at airports developed with state funding assistance. These conditions protect the public investment and assure that airport improvements developed with state funds are managed to provide maximum public benefit.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 55.02 Definitions {#sec-trans-55.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 55.02}

The words and phrases defined in ch. 114, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) ‘‘Airport improvement project” means a physical improvement to an airport.

(2) ‘‘Airport owner” means a county, city, village or town, either singly or jointly with one or more counties, cities, villages or towns, or an owner of a public-use airport desiring to sponsor an airport improvement project to be constructed with state aid.

(3) ‘‘Conditions” means the requirements listed in s. Trans 55.06.

(4) ‘‘FAA” means federal aviation administration.

(5) ‘‘Finding” means a document prepared by the secretary and approved by the governor which authorizes funds for an airport improvement project.

(6) ‘‘Force account” means airport construction work that is accomplished through the use of material, equipment, labor, and supervision provided by the sponsor or by another public agency pursuant to an agreement with the sponsor.

(7) ‘‘Runway protection zone” means an area off the end of the runway, the use of which is restricted in order to enhance the protection of people and property on the ground.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 55.03 Applicability {#sec-trans-55.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 55.03}

The conditions set forth in s. Trans 55.06 apply to airport owners who sponsor a project developed with state aid.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 55.04 Duration {#sec-trans-55.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 55.04}

(1) Conditions of state aid shall commence on the date of issuance of a finding by the governor providing state funds for an airport improvement project and shall remain in effect for 20 years.

(2) There is no limit on the duration of conditions with respect to real property interests acquired with state funds.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 55.05 Request for state aid {#sec-trans-55.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 55.05}

(1) An airport owner may request state aid by resolution of the airport owner’s governing body or board of directors as provided in s. 114.33 (2), Stats.

(2) The secretary may enter into an agreement with an airport owner in accordance with s. 114.32, Stats., for the following:

(a) To accept and disburse federal, state and local funds for a project and to make arrangements for the development of the project by contract, agreement, force account or otherwise.

(b) To acquire property.

(3) The secretary may require a written commitment of required airport owner funds before forwarding a finding to the governor for approval.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 55.06 Conditions of state aid {#sec-trans-55.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 55.06}

(1) Good title to airport.

(a) An airport owner shall maintain good title to the airport and may not dispose of or encumber its fee title or other property interests as shown on the exhibit “A”, or airport property map, for the duration of these conditions without the written approval of the secretary. Ordinary airport tenant leases for direct, supportive or complementary aviation activities are not considered an encumbrance by the secretary and not subject to review.

(b) An airport owner may dispose of land when it is no longer needed for airport purposes, after receiving approval from the secretary. The airport owner shall dispose of the land at fair market value. The secretary may authorize that portion of the proceeds, which is proportionate to the state’s share of the cost of acquisition of such land, shall be invested in an airport improvement project or be paid to the secretary for deposit in the transportation fund. Disposition of land shall be subject to the retention or reservation of an interest or right necessary to ensure that the land shall only be used for purposes which are compatible with the operation of the airport.

(2) Airport operation and maintenance.

(a) An airport owner shall safely operate and maintain all airport facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States.

(b) An airport owner may not permit an activity on airport property that would interfere with air transportation provided that nothing contained in this chapter shall be construed to require that an airport be operated during temporary periods when snow, flood or other conditions beyond the control of the owner prevent its use.

(d) An airport owner shall establish and maintain a program of both preventative and remedial pavement maintenance. The program shall contain, as a minimum, all of the following:

An inventory of pavements.
A pavement inspection schedule.
A systematic repair schedule to maintain performance and extend pavement life.
A budget sufficient to accomplish the repair schedule.

(e) An airport owner shall operate the following minimum airfield lighting during periods of darkness, when such facilities exist at the airport:

Low-intensity lighting on one runway.
Airport beacon.
Windsock lighting.
Obstruction lighting.

(3) Maintain clear and safe approaches.

(a) An airport owner shall maintain clear and safe runway protection zones as described in FAA advisory circular 150/5300-13, Airport Design, as amended, except for runway lighting fixtures, markers and metrological instruments whose locations are fixed by their functional purposes or a structure approved by the FAA. The owner shall establish positive control of the runway protection zones through the acquisition of fee title or avigation easement. The owner shall prevent the erection or creation of a structure or place of public assembly in the runway protection zone.

Note: The FAA advisory circular may be obtained from the United States Department of Transportation, Distribution Unit, TAB 443.1, Washington, D.C. 20590, and is on file with the Attorney General’s office and the Legislative Reference Bureau.

(b) An airport owner shall adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

(4) Ordinances.

(a) A public airport owner shall adopt the following ordinances within 6 months after receipt of a sample ordinance from the secretary:

A height limitation zoning ordinance adequately restricting the height of objects near the airport in accordance with s. 114.136, Stats.
An ordinance to provide for the control of vehicular and pedestrian traffic on the surface of the airport.

(b) A private airport owner shall:

Adopt and enforce a rule to provide for the control of vehicular and pedestrian traffic on the surface of the airport.
Make application for and pursue the passage and acceptance of a compatible ordinance using s. 114.136, Stats., as the primary guide.

(5) Surveys. An airport owner shall cooperate with the secretary in surveys which may be conducted on topics that include the following:

(a) Airport rates and charges.

(b) Airport operations.

(6) Public access. An airport owner shall provide suitable aircraft parking areas so that aircraft and passengers, scheduled and general aviation, have reasonable access to the airport facilities consistent with security requirements.

(7) Legal relations. An airport owner shall indemnify and hold harmless the state and all its officers, employes, and agents from and against a suit, cause, action, claims costs, and expenses, including legal fees, and the state’s attorneys fees, in connection with bodily injury to a person or damage to property caused directly or indirectly by failure, malfunction, lack of maintenance, or construction of the airport and its facilities.

(8) Airport layout plan. An airport owner shall maintain a current layout plan showing all of the following:

(a) The boundaries of the airport and all proposed additions, together with the boundaries of all off-site areas owned or controlled by the airport owner for airport purposes and proposed additions.

(b) The location and nature of all existing and proposed airport facilities and structures, such as runways, taxiways, aprons, terminal buildings, hangars and roads, including all proposed extensions and reductions of existing airport facilities.

(c) The airport layout plan and each amendment, revision or modification to the plan shall be subject to the approval of the secretary, which approval shall be evidenced by the signature of a duly authorized representative of the secretary on the face of the airport layout plan. The airport owner may not make or permit a change or alteration in the airport or in any of its facilities other than in conformity with the airport layout plan as approved by the secretary if the changes or alterations might adversely affect the safety, utility or efficiency of the airport.

(9) Preserving airport rights and power.

(a) An airport owner may not enter into transactions which would deprive it of the rights and powers necessary to perform these conditions without the written approval of the secretary. The owner shall act to acquire, extinguish or modify outstanding rights or claims of the right or rights of others which would interfere with such performance by the airport owner.

(b) The obligation to perform these conditions may be assumed by another public agency found by the secretary to be eligible to assume such obligations and having the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for management or operation of the airport by an agency or person other than the airport owner or an employe of the owner, the owner shall reserve sufficient rights and authority to ensure that the airport shall be operated and maintained in accordance with these conditions.

(10) Special conditions. In addition to the conditions under this section, the secretary may establish, by written agreement, special conditions in the public interest where required by specific project or airport site circumstances.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 55.07 Compliance assistance {#sec-trans-55.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 55.07}

If the department becomes aware of an instance where an airport owner is not in compliance with this chapter, the following steps shall be taken:

(1) The department shall initiate an informal meeting with the airport owner to clarify the compliance issue and recommend corrective action, if required.

(2) If the informal meeting fails to resolve compliance disputes, the secretary shall issue a notice to the airport owner detailing such alleged disputes and requesting corrective action.

(3) An airport owner shall have 45 days to resolve discrepancies or reply in writing explaining a proposed course of action to resolve the discrepancy in a timely fashion.

(4) If an airport owner’s response does not resolve the issue, the secretary shall then make a compliance determination and issue an appropriate order. The department may pursue appropriate administrative or legal action including suspension from state airport aid eligibility and the recovery of state funds invested in the airport.

(5) Airport owners in disagreement with the secretary’s order may request an administrative hearing in accordance with ch. 227, Stats.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Chapter Trans 56 ERECTION OF HIGH STRUCTURES

Wis. Admin. Code § Trans 56.01 Purpose {#sec-trans-56.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 56.01}

This chapter prescribes procedures for the permitting of the erection of high structures or other objects affecting airspace in the state of Wisconsin.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Wis. Admin. Code § Trans 56.02 Applicability {#sec-trans-56.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 56.02}

This chapter applies to any person desiring to erect any building, structure, tower or other object affecting the limitations expressed in s. 114.135 (7), Stats. It describes the minimum requirements that a person shall meet before erecting such a structure. This chapter shall not apply to any structure erected or approved for erection prior to July 1, 1994 unless subsequent addition to that structure would cause it to exceed its original height.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Wis. Admin. Code § Trans 56.03 Definitions {#sec-trans-56.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 56.03}

The words and phrases defined in ch. 114, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Adverse impact” means an increased level of risk to a pilot flying in navigable airspace, degradation of safety, increased risk to the safe operation of aircraft in airport traffic patterns, approaches and departures, or other action affecting aviation that is harmful to the public interest.

(2) “AGL” means above ground level.

(3) “AMSL” means above mean sea level.

(4) “Applicant” means any person proposing to erect any structure that would exceed the limitations expressed in s. 114.135 (7), Stats.

(5) “Cardinal altitude” means an altitude which commences at 2,000 AMSL and increases in 500 increments.

(6) “Erect” or “erection” means to raise or construct any building, structure, tower or other object, or increase the height of any existing building, structure, tower or other object.

(7) “FAA” means federal aviation administration.

(8) “FCC” means the federal communications commission.

(9) “Navigable airspace” means that airspace suitable for transit by aircraft in accordance with 14 CFR part 91.

(10) “Public airport” means any airport open to the regular use of the general public, without prior permission.

(11) “Secretary” means the secretary of the department of transportation.

(12) “Structure” means any building, structure, tower or other object.

(13) “Tower farm” means a grouping of tall towers in clusters.

(14) “VFR” means visual flight rule.

(15) “VFR corridor” means a commonly used route identified by clearly discernible ground references including, but not limited to, railroad tracks, interstate highways, rivers or shorelines.

(16) “Victor airway” means a very high frequency omnidirectional range federal airway.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Wis. Admin. Code § Trans 56.04 Permits {#sec-trans-56.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 56.04}

(1) Permit required. Any person desiring to erect a structure that exceeds the limitations in s. 114.135 (7), Stats., shall obtain a permit from the secretary. Where an addition to an existing structure would cause the structure to exceed the height specified in an existing permit, an amended permit shall be obtained. It is the responsibility of the applicant to properly apply for and obtain the required permit.

(2) Authority granted by permit.

(a) By issuing a permit, the secretary authorizes the erection of the proposed structure, subject to the conditions in the permit.

(b) A permit does not relieve the permit holder from compliance with other applicable federal, state and local laws and requirements.

Written notification to the secretary when erection of the structure has begun, and again upon completion.
Written certification to the secretary of the final height upon completion of the structure. Transmission of the appropriate FAA supplemental notification forms or the department of industry, labor and human relations certificate of completion form to the secretary shall fulfill the requirements of subd. 1.
Written notification to the secretary within 30 days of a change in ownership of the structure.
Such other necessary and related conditions as the secretary may specify.

(3) Permit application general requirements.

(a) Each person who proposes to erect a structure that requires a permit, including increasing the height of an existing structure permitted under s. 114.135 (6) and (7), Stats., shall file an application with the secretary. Applications shall be filed with the secretary at the address specified on the application.

Note: Application forms for the permits required under s. 114.135 (6), Stats., can be obtained from the Wisconsin Department of Transportation, P. O. Box 7914, Madison, WI 53707-7914.

(b) An application for a permit shall include the following information:

Name and address of the owner of the proposed structure.
Name and address of the applicant, if different from the owner.
Location of the proposed structure to within 5 seconds of latitude and longitude.
Location of the proposed structure depicted on a United States coast and geodetic survey 7.5 or 15 quadrangle map, or acceptable copy, and by the quarter quarter section of the United States survey.
Maximum height AGL of the proposed structure, including all appurtenances and lighting.
Maximum elevation AMSL of the proposed structure, including all appurtenances and lighting.
Direction and distance to the closest point of the nearest end of runway of the nearest public airport.
Description of the marking and lighting proposed to be installed.
A copy of the completed FAA form 7460-1, notice of proposed construction or alteration, relative to the proposed structure if one is required.

(d) An incomplete application may be returned to the applicant for further information without action.

(e) The secretary may require additional information deemed necessary by the department to the permit process.

(f) An amendment to an existing permit may be requested by application to the secretary.

(g) The applicant shall be notified within 30 days of receipt of an application if a permit is not required.

(4) Permit application processing.

(a) The application may be filed at any time.

(b) Upon receipt of a properly completed application, the secretary shall initiate a study. That study shall include the following:

An analysis of the potential impacts of the proposed structure on the safe operation of aircraft and the public interest.
Except as provided in par. (h), notification, within 15 working days of receipt of the application, to all airports which may be affected by the proposed structure and to other interested persons, including all known airports within 10 nautical miles of the proposed structure.
Except as provided in par. (d) and subject to par. (g), such notice shall provide 90 days for public comment on the proposal.

(c) The secretary shall, within 30 days after the close of the public comment period, issue a decision, except where an FAA aeronautical study is still being conducted. In such instance, no decision shall be issued prior to the issuance of an FAA determination and the resolution of any appeals of that determination.

(d) Where there is no need for an FAA aeronautical study and the proposed structure is more than 5 nautical miles from the closest public airport, the public comment period shall not exceed 30 days.

(e) The applicant or any affected party may, within 20 days of the issuance of a decision, request that the secretary convene a hearing to receive additional information or hear new arguments addressing the application.

(f) If no hearing is requested, the decision shall become final 20 days after the date of issuance.

(g) The secretary may, at any time during the process, convene a meeting to receive public comment and to gather additional facts relevant to the permit application. The secretary may waive the 90-day public comment period anytime after a public comment meeting has been held.

(h) The secretary may waive the notification requirement and public comment period and otherwise expedite applications for towers that do not exceed the highest tower’s elevation within a tower farm.

(i) Where there are multiple applicants for the same frequency or service from the FCC, the secretary shall take no final action on a permit application until the FCC has designated a licensee.

(5) Permit contents. The permit shall include the following:

(a) Name and address of the permittee.

(b) The location of the structure by latitude and longitude to the nearest 5 seconds and by the quarter quarter section of the United States survey.

(d) The required marking and lighting.

(e) Notification that the subject structure shall be erected within one year after the date a permit is issued.

(6) Permit violations.

(a) A permit may be revoked or amended by the secretary for any lawful reason including, but not limited to, the following:

Failing to properly maintain the marking and lighting designated by the FAA and FCC.
Exceeding the permitted height of the structure.
Abandoning the structure.
Violating any of the conditions of the permit.
The amending of an FAA no hazard determination regarding the proposed structure.
Not complying with the terms of an amendment to an FAA no hazard determination relating to the proposal.

(b) In the event the erection of the structure is not completed within one year, an extension may be requested. The extension shall be granted if the criteria for the issuance of the permit continue to be satisfied. Where there is a significant change in facts which may create an adverse impact on aviation, the secretary shall conduct a new study prior to acting on the request for extension.

(c) Upon violation of any of the conditions of the permit, the secretary shall notify the owner of the deficiency. The owner shall correct the deficiency within a reasonable period of time, as specified in the notice. Failure to do so may subject the owner to the penalties provided in s. 114.27, Stats.

(d) If the owner fails to correct the deficiencies described in par. (c), the secretary may notify the FAA and FCC where applicable, correct the deficiency and recover the cost from the owner, or revoke the permit by notice to the owner. The owner may appeal a revocation as provided in s. 114.315, Stats.

(e) Upon revocation of the permit, the owner shall dismantle and remove the structure within a reasonable period of time. Should the owner fail to do so, the secretary may remove the structure and recover the cost from the owner.

(f) A permit shall terminate 60 days after the collapse or removal of the structure or after the secretary issues a determination of abandonment of the structure unless, within such 60 days, the permittee notifies the department that it intends to either erect a replacement structure within the parameters of the existing permit or repair the existing structure.

(g) Any person who erects a structure without obtaining a required permit may be subject to the penalties in s. 114.27, Stats.

(7) Application evaluation.

(a) The secretary shall consider the following in determining if a proposed structure will create an adverse impact on the safe operation of aircraft including, but not limited to, the impact on:

A minimum altitude on a published instrument approach procedure.
Existing instrument departure minimums.
Airport traffic patterns at public airports.
A cardinal altitude along a victor airway, published routing or VFR corridor.
Airspace affected by a proposed structure over 1,000 AGL outside a tower farm or over 500 AGL under an airport radar service area outside a tower farm.
Airspace affected by a proposed structure over 500 AGL in remote areas which may be difficult to see.
Airspace affected by proposed structures located in areas of known regular, reoccurring use by pilots including, but not limited to, published flight corridors and arrival or departure routes for the annual experimental aircraft association convention and air show at Oshkosh.
Visual or instrument operations at an airport or runway shown on a plan approved by the secretary.

(b) The secretary shall approve a permit if all of the following criteria are satisfied:

If an FAA aeronautical study is required, the secretary receives a copy of the determination of no hazard.
The secretary concludes that the structure will not create an adverse impact on the safe operation of aircraft.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Wis. Admin. Code § Trans 56.05 Marking and lighting {#sec-trans-56.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 56.05}

(1) All marking and lighting shall be in accordance with the standards prescribed in the FAA publication, AC 70/7460-1H, “Obstruction Marking and Lighting,” as amended. The applicant shall comply with designated FAA and FCC marking and lighting.

(2) In the event of any deficiency in marking or lighting, the owner shall initiate repairs and notify the FAA in accordance with the current FAA marking and lighting publication.

Note: The federal standards prescribed above may be obtained from the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Room 701, P. O. Box 7914, Madison, WI 53707-7914. These standards are also on file with the Attorney General’s office and the Legislative Reference Bureau.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Chapter Trans 57 STANDARDS FOR AIRPORT SITING

Wis. Admin. Code § Trans 57.01 Purpose {#sec-trans-57.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 57.01}

The purpose of this chapter is to interpret and implement s. 114.134 (3) to (5), Stats., relating to airport site approval and to provide standards for site approval.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 57.02 Definitions {#sec-trans-57.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 57.02}

The words and phrases defined in ch. 114, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Airport not open to the public” is any airport requiring permission from the airport owner or the manager prior to its use by any person other than the owner.

(2) “Airport open to the public” means an airport, whether publicly or privately owned, which is open for aeronautical use by the general public.

(3) “Airport study” means an analysis performed by the department to determine an airport’s compatibility with other transportation facilities.

(4) “Applicant” means a person who applies to construct or establish a new airport or activate an airport within the state.

(5) “Application” means FAA form 7480-1, “Notice of Landing Area Proposal” together with a bureau airport site approval application.

Note: FAA form 7480-1, Notice of Landing Area Proposal, and the airport site approval application may be obtained by writing to the Department of Transportation, Division of Infrastructure Development, Bureau of Aeronautics, 4802 Sheboygan Avenue, Room 701, P. O. Box 7914, Madison, WI 53707-7914.

(6) “Approach area” means a trapezoid centered on the extended runway centerline. The trapezoid has an inner width at the runway threshold of 250 feet, a length of 5,000 feet from the threshold and an outer width of 1,250 feet.

(7) “Approach surface” means an inclined plane which extends outward and upward from the runway threshold at a slope of 20:1, 20 feet horizontal to 1 foot vertical. The approach surface has dimensions which are bound by the vertical projection of the approach area.

(8) “Bureau” means the bureau of aeronautics, division of infrastructure development, Wisconsin department of transportation.

(9) “Certificate” means a certificate of airport site approval issued by the department.

(10) “Displaced threshold” means a landing threshold located at a point on the runway other than the physical end of the runway.

(11) “FAA” has the same meaning as provided in s. Trans 56.03 (7).

(12) “IFR” means instrument flight rules.

(13) “Object” means any structure, objects of natural growth, permanent or temporary construction or apparatus including, but not limited to, buildings, fences, hills, power and telephone lines, shrubs, traverse ways, trees and towers.

(14) “Obstruction” means any object which penetrates the approach surface within the approach area or the runway primary surface.

(15) “Runway” means a defined rectangular area, on a land airport, prepared for the landing and takeoff of aircraft along its length.

(16) “Runway primary surface” means a surface longitudinally centered on a runway. The runway primary surface has a width of 250 feet, 125 feet each side of centerline, and a length equal to the length of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

(17) “Seaplane” means an aircraft capable of taking off from and landing on water.

(18) “Secretary” has the meaning designated in s. Trans 56.03 (11).

(19) “Transportation facilities” means any airport, roadway, highway, railroad, public trails or waterway adjacent to or in the approach to the landing area.

(20) “Traverse ways” means any routes used by the public including, but not limited to roads, highways, public trails, bike paths, railroads and waterways.

(21) “VFR” has the same meaning as provided in s. Trans 56.03 (14).

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 57.03 Responsibility {#sec-trans-57.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 57.03}

The secretary, or the secretary’s designee, may issue a certificate of airport site approval for a new airport upon determination that the location is compatible with existing and planned transportation facilities in the area.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; CR 22-048: am. Register July 2023 No. 811, 8-1-23.

Wis. Admin. Code § Trans 57.04 Standards {#sec-trans-57.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 57.04}

The following standards shall be met in order to maintain airport site compatibility with existing and planned transportation facilities in the area:

(1) Airports.

(a) All objects within the approach area of each runway shall be considered in determining compliance. Each type of traverse way is considered to be an object with a clearance height as follows:

Public roads, 15 feet.
Private roads, 10 feet.
Interstate highways, 17 feet.
Railroads, 23 feet.
Waterways and other traverse ways, an amount equal to the height of the highest mobile object that would normally travel upon them.

(b) A displaced threshold shall be marked similar to attached diagram B for runways with other than paved surfaces. Runways with paved surfaces shall be marked in accordance with FAA advisory circular 150/5340-1G, “Standards for Airport Markings,” September 27, 1993. In addition, if the runway is lighted, the displaced threshold shall be lighted in accordance with FAA advisory circular 150/5340-24, “Runway and Taxiway Edge Lighting System,” September 3, 1975. It applies to low intensity runway lighting systems and medium intensity systems.

Note: These FAA advisory circulars are available from the United States Department of Transportation, Distribution Unit, TAB 443.1, Washington, D. C. 20590, and are also on file with the offices of the Legislative Reference Bureau and Secretary of State.

(c) The effective runway length to be reported for each runway landing direction is the physical length of the runway less the displaced threshold at the approach end of the runway.

(2) Airports open to the public.

(a) If any object penetrates the approach surface, then the runway threshold, the point of interception of the approach area and the approach surface shall be displaced down the landing runway.

(b) The displaced threshold shall be located at a point where no object penetrates the approach surface.

(3) Airports not open to the public.

(a) The displaced threshold shall be located at a point where no public traverse way clearance height penetrates the approach surface.

(b) If the clearance height assigned to any public traverse way penetrates the approach surface, then the runway threshold, the point of interception of the approach area and the approach surface shall be displaced down the landing runway.

(c) A displaced threshold shall be marked similarly to attached diagram B for runways with other than paved surfaces. Runway marking and lighting is subject to FAA advisory circular criteria which are identical to airports open to the public.

(d) The effective runway length to be reported for each runway landing direction is the physical length of the runway less the displaced threshold at the approach end of the runway.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 57.05 Application evaluation {#sec-trans-57.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 57.05}

(1) An applicant proposing to establish a new airport shall submit an application for airport site approval.

(2) The bureau shall review the application to determine if the location of the proposed airport site is compatible with existing and planned transportation facilities in the area. An airport study shall be conducted including review of:

(a) The location of existing and planned highways and railroads.

(b) The location and type of identified obstructions.

(d) County or local plans and requirements.

(e) Potential conflicts with other airports. A certificate of site approval may be denied if conflicts resulting from overlapping traffic patterns cannot be resolved by nonstandard traffic patterns or written agreement between the airport owners.

(f) FR and VFR traffic considerations. A certificate of site approval may be denied if the proposed site underlies the airspace in the primary approach area for an instrument approach, and the traffic pattern altitude conflicts with published altitudes for the approach.

Note: Published altitudes are contained in the U.S. Terminal Procedures, published by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, NOAA, N/ACC3, Distribution Division, Riverdale, MD 20737, telephone (800) 638-8972.

(3) An FAA airspace determination shall be considered in the bureau’s study, but is not binding or conclusive. An objectionable airspace determination by the FAA may be considered sufficient grounds to deny a certificate.

(4) No fee shall be charged for the application, review or issuance of a certificate.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 57.06 Public hearing {#sec-trans-57.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 57.06}

The bureau may, at its discretion, hold a public hearing on the proposed airport site.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 57.07 Issuance of certificate {#sec-trans-57.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 57.07}

A certificate may be issued by the secretary, or the secretary’s designee, if it is determined that the location of the proposed airport site is compatible with existing and planned transportation facilities in the area. A certificate does not waive or preempt compliance with any applicable ordinances, laws or regulations of any other governmental body or agency. The certificate is permanent.

Note: No certificate may be issued for seaplane bases as the waters within Wisconsin are sovereign to the people of the state.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 57.08 Appeal {#sec-trans-57.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 57.08}

(1) General. The secretary shall grant a formal hearing at the request of any applicant after any refusal to issue a certificate. The matter shall be referred to the division of hearings and appeals.

(2) Informal hearing. If an applicant desires an informal meeting with the department to address specific grievances to the action, relevant facts and determination of law upon which the grievance is based, the applicant shall do so within 30 days after any refusal to issue a certificate.

(3) Reapplication. The applicant may reapply when identified discrepancies that conflict with transportation facilities are resolved.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 57.09 Non-compliance {#sec-trans-57.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 57.09}

(1) Individuals who violate any provision of this chapter shall be subject to penalties in accordance with s. 114.27, Stats.

(2) When the department becomes aware of a compliance discrepancy, the secretary may suspend the certificate of airport site approval.

(3) The department may initiate an informal meeting with the airport owner to clarify the compliance issue and recommend corrective action, if required.

(4) If the informal meeting fails to resolve compliance disputes, the secretary shall issue a notice to the airport owner detailing such alleged disputes and requesting corrective action.

(5) An airport owner shall have 45 days after receipt of notice to resolve discrepancies or reply in writing explaining a proposed course of action to resolve the discrepancy in a timely fashion.

(6) If the compliance discrepancy is not resolved within 90 days after receipt of notice, the secretary may rescind the certificate of airport site approval.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 57.10 Notice of hearing {#sec-trans-57.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 57.10}

Notification of all hearings regarding this chapter shall be made in accordance with s. 114.134 (4), Stats.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Chapter Trans 58 SURVEYING REFERENCE STATION SYSTEM USER FEE

Wis. Admin. Code § Trans 58.01 Purpose and Scope {#sec-trans-58.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 58.01}

As authorized by s. 85.63, Stats., the purpose of this chapter is to define the Surveying Reference Station System and to create a fee for its use to provide for the ongoing active system maintenance and replacement costs.

History

CR 19-006: Cr. Register September 2020 No. 777, eff. 9-1-20.

Wis. Admin. Code § Trans 58.02 Definitions {#sec-trans-58.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 58.02}

The words and phrases defined in s. 85.63, Stats. have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Active system” or “WISCORS Network” means the system of reference stations statewide that continuously transmit global navigation satellite system data to a system server, and the server that receives and processes the data received from the reference stations.

(2) “Department” means the Wisconsin Department of Transportation.

(3) “Fee” means the amount the user pays to use the active system for a period of time selected by the user from among the options offered by the department. The fee paid by a user may vary based on how many users employed by the organization register to access the active system.

(4) “Passive system” means a network of survey monuments located throughout the state that are used to generate latitude, longitude, and elevation data.

(5) “User” means an individual, agency, or business entity that applies to the department and pays the fees to access use of the active system.

(6) “Surveying Reference Station System” means the network of survey monuments and reference stations in place across Wisconsin and includes the passive system and the active system.

(7) “System vendor” means the company the department contracts with to support and maintain the equipment and software of the WISCORS Network.

History

CR 19-006: Cr. Register September 2020 No. 777, eff. 9-1-20.

Wis. Admin. Code § Trans 58.03 Surveying Reference Station System Components {#sec-trans-58.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 58.03}

The Surveying Reference Station System includes the passive system and the active system. The active system equipment, hardware and software shall be serviced, updated and replaced by the department or its agents on an ongoing basis. The methodology used in determining the fee amount per user for the active system is based on the annual active system maintenance cost and the estimated annual user retention data. Budget for the maintenance of the passive system are derived from other sources.

History

CR 19-006: Cr. Register September 2020 No. 777, eff. 9-1-20.

Wis. Admin. Code § Trans 58.04 Active System Operation {#sec-trans-58.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 58.04}

The active system is accessible 365 days a year, 24 hours a day, with the exception of monthly planned routine maintenance required to apply security patches and server updates as well as periodic unplanned and unscheduled system outages due to equipment or network failure. The following procedures shall apply to the active system:

(1) The department shall monitor the system during regular work hours of 8:00 a.m. to 4:30 p.m. Monday through Friday. The system may not be monitored during state holidays. Standby status may be used by department staff to monitor the system during non-work hours.

(2) System outages shall be reported by the department or the system vendor or both as deemed necessary and service shall be restored as soon as practicable. The department may not provide a credit or refund for outages or time that the active system is not available.

History

CR 19-006: Cr. Register September 2020 No. 777, eff. 9-1-20.

Wis. Admin. Code § Trans 58.05 Active System Maintenance {#sec-trans-58.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 58.05}

(1) The department shall do all of the following:

(a) Carry out system maintenance for the active system.

(b) Fund maintenance and upgrade costs of the active system from user fees.

(c) Provide notice by email to user as soon as practicable when down-time for maintenance to the active system is planned.

(2) The department may not provide a credit or refund to a user for instances when the active system is inoperable due to maintenance.

History

CR 19-006: Cr. Register September 2020 No. 777, eff. 9-1-20.

Wis. Admin. Code § Trans 58.06 Active System Fee Structure {#sec-trans-58.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 58.06}

(1) The department shall charge fees to use the active system at the following rates:

(a) The individual yearly rate is $300 per user per year.

(b) When the user is an organization, the organizational yearly rate is $300 per user per year for each of the first five individuals employed by the organization plus $150 per year for each additional individual employed by the organization thereafter, with a $10,000 maximum fee per organization per year.

(2) The department may not prorate the individual yearly rate or the organizational yearly rate under sub. (1) (a) or (b).

(3) The following entities shall be exempt from paying a fee to use the active system:

(a) The department.

(b) An institution of higher education.

(d) Wisconsin state agencies.

(e) Counties, cities, villages and towns.

(f) Other units of government created by state law.

(g) Wisconsin American Indian Tribes.

(4) The department may provide access to the active system in lieu of user fee payment through Memorandums of Agreement or Cooperative Partner Agreements.

History

CR 19-006: Cr. Register September 2020 No. 777, eff. 9-1-20; CR 22-048: am. (3) (g) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 58.07 Active System Registration and Fee Collection {#sec-trans-58.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 58.07}

(1) Fees specified in s. Trans 58.06 may be paid by cash, check, money order or online payment methods when available and acceptable to the department.

(2) To register for a subscription, each user shall complete a subscription level form using a form specified by the department.

History

CR 19-006: Cr. Register September 2020 No. 777, eff. 9-1-20.

Wis. Admin. Code § Trans 58.08 Active System Registration Renewal {#sec-trans-58.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 58.08}

(1) Registration renewal information shall be provided to users 30 days prior to the end of the 12-consecutive month registration period.

(2) Users shall pay for renewal of their registration at least 3 days prior to the expiration of the respective registration period.

(3) Failure to pay renewal registration fees may result in subscription termination. If termination occurs, the user shall re-register to regain the ability to access the system.

History

CR 19-006: Cr. Register September 2020 No. 777, eff. 9-1-20.

Chapter Trans 100 ACCIDENT REPORTING AND SAFETY RESPONSIBILITY

Wis. Admin. Code § Trans 100.01 Purpose and scope {#sec-trans-100.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.01}

(1) Statutory authority. As authorized by ss. 85.16 (1), 227.11, and 343.02, Stats., the purpose of this chapter is to administratively interpret s. 343.23 (2), Stats., relating to department records, ss. 344.01 to 344.48, Stats., relating to financial responsibility in accidents, s. 346.70, Stats., relating to accident reporting, and ss. 344.25 to 344.27, Stats., relating to damage judgments.

(2) Applicability. This chapter applies to any person involved in a motor vehicle accident in Wisconsin as specified in ss. 344.12, 344.25 and 346.70, Stats.

Note: For information on occupational licenses, see s. Trans 117.03 (2) (k). Forms used in this chapter are MV 3038 resolution authorizing power of attorney under ch. 344, Stats., MV 3039 minors release, MV 3041 release of liability, MV 3657 evaluation of property damage, MV 3656 evaluation of personal injuries, MV 3658 evaluation of motor vehicle damage, MV 3069 application for self-insurance, MV 3070 safety responsibility self-insurance certificate, MV 3128 installment agreement to pay damages, MV 3347 emergency vehicle involvement, MV 3384 safety responsibility information, and MV 3387 reinstatement instructions, DT 4000 Wisconsin motor vehicle accident report, DT4002 Wisconsin motor vehicle accident report. Forms may be obtained, free of charge, from Wisconsin Department of Transportation, Uninsured Motorist Unit, P.O. Box 7999, Madison, WI 53707-7999.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; r. and recr. (1), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1) and (2) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (1) Register November 2010 No. 659, eff. 12-1-10.

Wis. Admin. Code § Trans 100.02 Definitions {#sec-trans-100.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.02}

The words and phrases defined in ss. 340.01, 343.01, 343.04 and 344.01 (2), Stats., have the same meaning in this chapter unless a different definition is specifically provided. Unless otherwise indicated, where terms are defined in more than one of those sections and in s. 344.01 (2), the definition in s. 344.01 (2), Stats., shall control. In this chapter:

(1) “Accident” means a happening involving a vehicle that results in damage or injury, including occurrences caused by “acts of God,” negligence or intentional acts.

(2) “Damage judgment” means a judgment as defined in s. 344.01 (2) (a), Stats., that is certified to the department as specified in s. 344.05, Stats.

(3) “Depositor” means a person who deposits security with the department under s. 344.17, Stats.

(4) “Driver record” means the public record of a person’s driver history maintained by the department in accordance with s. 343.23, Stats., or the records maintained by the department for a person who has been issued an identification card.

(4m) “Emergency medical technician” or “EMT” has the meaning in s. 256.01 (5), Stats.

(5) “Fire fighter” has the meaning set forth in s. 102.475 (8) (b), Stats.

(6) “First responder” has the meaning set forth in s. 256.01 (9), Stats.

Note: See s. 343.23 (2) (a) 3., Stats.

(7) “Injured party” means a person who suffers personal injury or whose property is damaged in an accident.

(8) “Law enforcement officer” has the meaning set forth in s. 165.85 (2) (c), Stats.,

Note: See s. 343.23 (2) (a) 1., Stats.

(9) “Legally parked” means a vehicle which is parked under ss. 346.03 (2) (a) or 346.51 to s. 346.54, Stats., or is indicated in writing to be legally parked at the time of the accident by the investigating law enforcement agency or the operators of other vehicles involved in the accident. A vehicle parked with doors or any part of a load extending into an adjoining space intended for vehicular travel may not be considered “legally parked.”

(10) “Licensee” means a person to whom the department has granted an operator’s license.

(11) “Motor vehicle” has the meaning specified in s. 344.01 (2) (b), Stats.

Note: See s. 344.01 (2) (b), Stats.

(11m) “Multiple injury minimum coverage” means $50,000.

(12) “Owner” or “vehicle owner” has the meaning set forth in ss. 340.01 (42) and 344.01 (2) (cm), Stats.

(12m) “Property damage minimum coverage” means $10,000.

(13) “Report” means an accident report received on an approved form or one received in an automated format approved by the department.

Note: Forms MV 4000—Wisconsin Motor Vehicle Accident Report, MV 4002 Driver Report of Accident and MV 4004, Report Supplement, are available from the DOT Traffic Accident Section, P.O. Box 7919, Madison, WI 53707-7919.

(13m) “Single injury minimum coverage” means $25,000.

(14) “Winter highway maintenance worker” means a person involved in the types of winter highway maintenance described in s. 343.23 (2) (a) 2., Stats.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (intro.), (1), (3), r. (2), r. and recr. (5), (6), renum. (7) to be (9) and am. (9), cr. (7), (8), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (intro.) and (1), cr. (2), (4), (4m), (5), (6), (8), (12) and (14), r. and recr. (3) and (7), renum. (4) to be (9), (6) to be (11), (8) to be (13) and am., renum. (5) to be (10), r. (9) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: cr. (11m), (12m), and (13m) Register November 2010 No. 659, eff. 12-1-10; corrections in (4m) and (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 11-043: am. (11m), (12m), (13m) Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § Trans 100.025 Accident involvement {#sec-trans-100.025 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.025}

(1) A vehicle or person shall be considered to have been involved in an accident if any of the following conditions are met:

(a) The person is injured by an accident.

(b) The person or the vehicle’s operator commits some act that contributes to cause an accident, regardless of physical contact.

(d) The vehicle makes contact with any other person or property and causes damage.

(e) The vehicle is damaged by a failure of a mechanical or electrical system resulting in fire or accident when it is in use primarily for moving persons or property, including the vehicle itself, from one place to another and is in motion, or in readiness for motion, and is unattended and not legally parked in a designated parking area.

(f) Property, parts or debris falls from the vehicle and causes an accident.

(g) A vehicle contacts or avoids debris or property on a roadway that has fallen from another vehicle or is not ordinarily found in a roadway, and causes an accident.

(h) The vehicle moves without an operator controlling its movements and causes an accident.

(i) One or more doors or any part of the load of a parked vehicle extends into an adjoining space intended for vehicular travel and an accident occurs as a result of that extension.

Note: Accidents may be the result of “acts of God,” or negligence or intentional acts. s. Trans 100.02 (1).

(2) Except as provided in sub. (1) (i), the operator of a vehicle shall be considered to not have been involved in an accident if the vehicle was legally parked at the time of any damage to the vehicle.

History

CR 01-156: cr. Register October 2005 No. 598, eff. 11-1-05.

Wis. Admin. Code § Trans 100.03 Reporting an accident {#sec-trans-100.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.03}

(1) In this section, “reportable” refers to an accident in which the minimum damage requirements of s. 346.70, Stats., are met or exceeded, and for which reporting the accident is mandatory under that section, or an accident to which the safety responsibility law applies under s. 344.12, Stats.

Note: Section 346.66, Stats., makes the accident reporting requirements of s. 346.70, Stats., applicable only as follows:

346.66 Applicability of sections relating to accidents and accident reporting. In addition to being applicable upon highways, ss. 346.67 to 346.70 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. These sections do not apply to private parking areas at farms or single-family residences or to accidents involving only snowmobiles, all-terrain vehicles or vehicles propelled by human power or drawn by animals.

Section 344.12, Stats., makes the safety responsibility law apply as follows:

344.12 Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in s. 344.14, the provisions of this chapter requiring deposit of security and requiring suspension for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person of $1,000 or more.

(1m) A law enforcement agency investigating a reportable accident involving a vehicle shall report the accident to the department as required under s. 346.70 (4), Stats. If a law enforcement agency does not investigate and report the accident within 10 days after the accident, the operators of the vehicles involved in the accident shall report the accident to the department as required under s. 346.70 (2), Stats. The department may accept or require a report of the accident to be filed by the occupant or the owner in lieu of a report by the operator.

Note: Forms MV 4000 Wisconsin Motor Vehicle Accident Report and MV 4002 Driver Report of Accident.

(2) Persons misidentified as an operator in a law enforcement report may file a written report with the department regarding that fact. Upon receipt of such a report, the department shall require the person claiming to have been misidentified to do either of the following:

(a) Have the agency that filed the report file an amended law enforcement agency report with the department.

(b) Provide the department with a copy of court findings meeting any of the following criteria:

From any type of proceeding that identifies the true operator of the vehicle at the time of the accident.
From a criminal, traffic forfeiture or civil proceeding that concludes the person was not a vehicle operator involved in the accident.
From a civil court proceeding related to establishing liability issues related to the accident that the court cannot determine whether the person was the operator of a vehicle involved in the accident.

(2m) If a person filing a report under sub. (2) does not meet one of the requirements of sub. (2) (a) or (b), the department shall accept the identification of the operator in the original police report as correct. If all operators involved in an accident that was reported by a person other than a police agency and all owners of vehicles involved in that accident stipulate that a person was misidentified in an accident report and identify another person as the actual operator, the department may accept the newly identified person as the actual operator of the vehicle and release the misidentified person from further responsibility under this chapter. In all other cases involving the identification of an operator in an accident report, the department shall make a determination of the accuracy of the identification of the operator based on the credibility of the evidence submitted at hearing.

(3) The department shall assume that all accident reports it receives from enforcement agencies or operators meet the reporting criteria of s. 346.70 (1), Stats., or the minimum requirements for safety responsibility act under s. 343.12, Stats. An accident report filed by a police agency for an accident that is not reportable shall be returned to the reporting agency. A report from another source for an accident that is not reportable shall be discarded. If the department determines from credible evidence received, which could include property damage estimates or signed statements, that an accident that has been abstracted as part of a driver’s record is not reportable, the accident will not be included in a public abstract of the driver’s driver record maintained under s. 343.23, Stats.

Note: On the current Wisconsin Motor Vehicle Accident Report form, MV4000, reporters indicate whether they believe an accident is reportable by so indicating in Box 1 of the form.

(4) The department may not suspend a person’s operating privilege or motor vehicle registration for failure to file an accident report, under s. 344.08, Stats., if no further information is needed from the person who failed to file the report.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; r. and recr. (1) and (3), am. (2), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: renum. (1) to be (1m) and am., (4) renum. from Trans 100.14 (1) and am., cr. (1) and (2m), r. and recr. (2), am. (3) Register October 2005 No. 598, eff. 11-1-05.

Wis. Admin. Code § Trans 100.04 Required accident information {#sec-trans-100.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.04}

(1) Accident report form required. Under s. 346.70 (2), (3m) and (4), Stats., the police, operator, owner or occupant shall complete and submit all accident information requested on the forms or in the automated format approved by the department.

Note: Forms MV 4000 Wisconsin Motor Vehicle Accident Report and MV 4002 Driver Report of Accident.

(2) Incomplete reports. The department may accept an accident report with incomplete accident information if the information is provided to the department from another credible source or is not available.

(3) Lack of insurance reported. When any accident report or notice from a person or insurer filed with the department within one year of an accident indicates that an operator or motor vehicle involved in an accident had no liability insurance coverage in effect at the time of an accident, the department may require the operator or owner, or both, to do one of the following:

(a) Deposit security under s. 344.13, Stats.

(b) Provide evidence that a policy was, in fact, in effect.

Note: See s. 344.14 (2), Stats.

(4) Incomplete insurance information. If the liability insurance company name or policy holder’s name, or both, are absent from the accident report form, the department may contact the operator or owner, or both, to obtain additional insurance information. If the operator or owner provide complete insurance information, the department shall assume that the liability insurance policy specified by the owner or operator was in force at the time of the accident.

(5) Self-insured persons. If a motor vehicle owner is self-insured under s. 344.16, Stats., the department may mail notice of the self-insurance to the address furnished by the self-insured owner. The department shall assume that the operator of the motor vehicle is exempt under s. 344.14 (2) (d), Stats., from the security requirements unless the self-insured person notifies the department otherwise within 30 days of mailing or other information is received by the department indicating that the self-insured certificate does not apply to the operator.

(6) Absence of policy holder name on report. If a liability insurance company name is listed on the accident report, but a policy holder’s name is not, and the operator and owner of the motor vehicle involved in the accident are the same person, the department will assume that a valid policy with the liability insurance company specified on the accident report form was in force at the time of the accident for the owner listed.

(7) Requesting additional information. The department may contact the operator of a motor vehicle involved in an accident, its owner, or both persons, for additional insurance information at any time. If the operator or owner provides insurance information, the department may verify the credibility of the information by contacting the insurance company listed. If an insurer determines that the operator or owner who provided the insurance information is not insured, or denies coverage for the claim, the insurer shall immediately notify the department of the person’s uninsured status.

Note: Form T062—Request for Complete Insurance.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85: r. and recr. (1), am. (2), renum. (3) and (4) to be (4) and (5) and am., cr. (3), (6), (7), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (3) to (7) Register October 2005 No. 598, eff. 11-1-05.

Wis. Admin. Code § Trans 100.05 Recording accident on operator’s record {#sec-trans-100.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.05}

(1) All accidents in which the operator was involved shall be identified on a public driver record abstract prepared under s. 343.23 (2), Stats., unless any of the following apply:

(a) The vehicle was legally parked as described in s. Trans 100.025 (2).

(b) The accident did not meet the criteria requiring reporting to the department under s. 346.70 (1), Stats.

(2) If a law enforcement officer, fire fighter, emergency medical technician, first responder, or winter highway maintenance worker is involved in an accident in the course of that employment, any person filing an accident report shall note that the person involved in the accident was on duty at the time of the accident. The department shall note that on-duty status on a public abstract of the on-duty operator’s driver record with the entry related to the accident.

Note: See s. 343.23 (2), Stats. See also s. Trans 100.02 for the definitions of law enforcement officer, EMT, first responder, winter highway maintenance worker and fire fighter.

(3) Notwithstanding sub. (1), a law enforcement officer, emergency medical technician, first responder or fire fighter may request a reportable accident not be reported on a public abstract of their driver record by submitting the approved form. The licensee must show that one or more of the following conditions existed at the time of the accident:

(a) The operated vehicle was legally parked under the exemptions of s. 346.03, Stats., and the flashing, oscillating or rotating warning lights were in use.

(b) The operator of the emergency vehicle intentionally collided with the other vehicle.

Note: Form MV 3347--Emergency Vehicle Involvement. Highway maintenance workers are not eligible for suppression of an accident report under this subsection.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; renum. Trans 100.05 to be (1), cr. (2), (3), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1), (2) and (3) (intro.), (b) and (c) Register October 2005 No. 598, eff. 11-1-05; CR 22-048: am. (3) (intro.) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 100.06 Determining the reasonable possibility of a judgment {#sec-trans-100.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.06}

(1) The department may use any of the following sources of information to determine whether an uninsured operator or owner, based on a preponderance of evidence, is exempt under s. 344.14 (2) (k), Stats., from the security requirements of ch. 344, Stats.:

(a) Operator reports of accidents.

(b) Law enforcement agency reports of accidents.

(c) Other information, such as statements of witnesses to the accident and supplementary reports from the investigating law enforcement agency.

(d) Records of convictions or other information on file with the department.

(e) Accident reconstruction reports.

(f) Notices of payment of claims issued by insurance companies.

(g) Coroner reports, except blood test results received by the department under s. 346.71 (2), Stats.

Note: Blood test results obtained from police reports or other sources may be considered by the Department.

(h) Investigator reports.

(2) An uninsured operator or owner may not be required to deposit security when there is no reasonable possibility of a judgment being rendered against the uninsured operator. The department may consider the following in making that determination:

(a) Whether the person committed a violation of any rule of the road set out in ch. 346, 347, 348 or 350, Stats.

(b) Whether the person failed to exercise ordinary care, based on information from the sources listed in sub. (1).

(d) Investigator reports.

(e) Any other relevant evidence provided by witnesses or the parties.

(f) Coroner reports.

Note: See s. 344.14 (2) (k), Stats.

(3) If the department requires a person to deposit security under s. 344.13, Stats., and, after receiving additional information, determines that no reasonable possibility of a judgment finding the person liable exists, the department may rescind the security requirement. The department may accept any evidence of probative value including the types of evidence identified in sub. (1). The department may not rescind the security requirement solely because the owner, operator or other person who posted the bond files a bankruptcy petition. In the event of a bankruptcy proceeding involving an owner, operator, or person who filed a bond, the department shall retain the bond pending determination of liability for the accident and damages caused, and the application of the bond proceeds toward the judgment amount, regardless of whether the bankrupt debtor remains personally liable for that debt.

Note: Where the Department has received a safety responsibility bond, it holds that bond in trust for the victims of the accident. No bond shall be released upon the filing of a bankruptcy, but shall be held in trust for the benefit of the injured parties. The injured parties may commence a suit to determine liability of the bankrupt debtor and to recover from the trust res.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1) (intro.), (2) (intro.), r. (3), renum. (4) to be (3), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1) (intro.), (a) and (b), (2) (intro.), (a) and (b) and (3), cr. (1) (d) to (h) and (2) (c) to (f) Register October 2005 No. 598, eff. 11-1-05.

Wis. Admin. Code § Trans 100.07 Determination of security amount {#sec-trans-100.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.07}

(1) Definitions. In this section, “evaluation report” means an evaluation of personal injury report, evaluation of property damage report or evaluation of motor vehicle damage report submitted by a person to the department to document the amount of a claim resulting from an accident.

Note: Forms MV 3656 evaluation of personal injury report, MV 3657 evaluation of property damage report and MV 3658 evaluation of motor vehicle damage report, are provided to persons in appropriate cases by the Division of Motor Vehicles Uninsured Motorist Unit, P. O. Box 7999, Madison, WI 53707-7999, (608) 266-1249.

(2) Evaluation reports.

(a) If the department determines that one or more people involved in an accident were uninsured, the department may mail evaluation reports to all other persons involved in the accident. The date on which the department first mails evaluation reports to any person shall be considered the “mailing date” under this subsection. The department shall mail the evaluation reports to the address provided in the accident report.

(b) In determining the amount of security required:

The department shall consider evaluation reports filed with the department within 21 days of the mailing date.
The department may consider an evaluation report filed with the department more than 21 days after the mailing date if it meets all of the following requirements:

a. No final determination of the amount of security required has been made.

b. The report is received by the department within one year of the accident date.

(3) Elements of a claim.

(a) The department may consider court costs, which are reasonably estimated or determined, but do not exceed $500.00, when determining the amount of security to be deposited under s. 344.13 (1) and (2), Stats.

(b) The department may consider the following documentation in support of a claim in setting the amount of security required under s. 344.13, Stats., for a personal injury:

A certification of personal injury, completed by a person skilled in the evaluation of personal injuries.

Note: Form MV 3466—Evaluation of Personal Injuries.

A certification of loss of wages as a result of the accident based on written information provided by the claimant’s employer.
A computation of an amount sufficient to satisfy a court award for pain and suffering of the injured person. The department may consider the following factors when computing an amount for pain and suffering:

a. The location, permanency, and potential cost of cosmetic surgery of scars resulting from the accident.

b. The age of the injured person.

c. The occupation and lifestyle of the injured person, if the occupation or lifestyle of the injured person will be affected.

d. The duration and severity of pain, and degree of consciousness of the injured party.

e. The length and type of temporary or permanent disability.

f. The diagnosis of the injury.

(c) The department may consider the following documentation when determining the amount of security required under s. 344.13, Stats., for property damage:

A certification of motor vehicle damage, not to exceed the value of the vehicle prior to the accident, completed by an authorized representative of an insurance company or body shop. If the vehicle was a total loss, a salvage dealer may complete the certification.

Note: Form MV 3658—Evaluation of Motor Vehicle Damage.

A certification of property damage, not to exceed the value of the property prior to the accident, completed by a person skilled in the evaluation of damages to the type of property damaged.

Note: Form MV 3657—Evaluation of Property Damage.

Credible evidence that a claimant has incurred actual towing and replacement vehicle rental costs if damages excluding those under this subdivision equal or exceed the minimum damage amount under s. 344.12 or 344.14 (2) (e), Stats.

Note: The minimum damage amount under s. 344.12, Stats., is currently $1000.

(d) The department may consider whether a motor vehicle was being operated without permission of the owner at the time of an accident in the manner specified in s. Trans 100.09 in connection with any claim for damages to a vehicle that was allegedly operated without the owner’s permission.

(4) The amount of security required when a death is involved shall be the minimum policy limits provided for under s. 344.15 (1), Stats.

(5) The department shall make a determination of the amount of security required for an accident within 90 days of receiving an accident report, or at such later date as individual circumstances of an accident may require.

Note: Determinations made more than 90 days after receipt of an accident report by the Department are valid. See DOT v. Warner, 102 Wis. 2d 232 (Ct. App. 1981).

(6) After a final determination of the amount of security is made by the department, the amount of security required may be increased only under either of the following circumstances:

(a) To correct any administrative error on the part of the department.

(b) To include the claim of a person if all of the following criteria are met:

The claim is filed one year or less after the accident.
No evaluation report was mailed to the person under sub. (2) (a).
The department has not suspended the uninsured person’s operating privilege.
The uninsured has not deposited security.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1), (7) and (8), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. Register October 2005 No. 598, eff. 11-1-05.

Wis. Admin. Code § Trans 100.08 Security deposit {#sec-trans-100.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.08}

(1) Acceptable forms of security required under ss. 344.14 and 344.17, Stats., are any of the following:

(a) United States currency.

(b) A cashier’s check or draft.

(d) A financial institution check or draft.

(e) A certified personal or business check or draft.

(f) An attorney trust account check or draft.

(g) A surety bond.

Note: Forms MV 3016—Security Deposit Receipt, MV 3043—Bond under Chapter 344 Stats., and MV 3385—Informational Letter to Injured Parties.

(2) A person other than the uninsured owner or operator may deposit security if the person specifies in writing on whose behalf the deposit is made and to whom the deposit should be returned.

(3) Security deposited with the department shall be held in trust for the benefit of any claimant involved in the accident. The department shall remit to the depositor any balance remaining after the termination of the security filing period and payments to claimants.

(4) No interest or dividends shall be paid to a depositor.

(5) If the owner and operator are separate persons, the deposit may be made by one of them, or they may cooperate in depositing the security. The security shall be applied to the payment of judgments or assignments for damages arising out of the accident rendered against either the operator or owner regardless of who made the deposit.

(6) If notice has been filed with the secretary by any claimant that a court action has been commenced by any party in interest, the security deposit shall be retained until one of the following conditions is met:

(a) A judgment is entered and the court orders the department to apply the security deposit to the judgment.

(b) The case is dismissed on the merits and with prejudice and the operator or owner is determined not to be liable.

(c) The case is dismissed for any reason, has not been refiled, and more than one year from the date of deposit or the date the person’s operating privilege was suspended, whichever is later, has passed.

(d) A judgment is entered, and a satisfaction of the judgment is filed with the department.

(7) A security deposit may be returned only after one of the following conditions is met:

(a) All judgments or assignments filed with the department related to the accident have been paid and all legal actions related to the accident of which the department has received notice have been resolved.

(b) More than one year after the date of deposit or date of suspension, whichever is later, has passed and no notice of the commencement of a court action has been filed by a party in interest. In calculating the time period under this subsection, any period of time a claimant was stayed from commencing an action against the owner, operator or bond because of a bankruptcy proceeding may not be considered.

(8) Final disposition of security deposits shall be made in accordance with s. 344.20, Stats. Unless otherwise specified in writing by all depositors, any security deposit remaining may be returned to any depositor by check made jointly payable to all depositors.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1) (intro.), (5), r. and recr. (3) and (4) and (6), cr. (7) and (8) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (1) (a), (b), (d), (e), and (f) Register November 2010 No. 659, eff. 12-1-10.

Wis. Admin. Code § Trans 100.09 Proof of operating without permission {#sec-trans-100.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.09}

(1) A person operating a motor vehicle shall be presumed to have done so with the express or implied permission of the owner. Any owner contesting this presumption has the burden of proving the driver did not have permission to operate the vehicle.

(1m) A person shall be presumed to own a vehicle if it is titled in the person’s name. Ownership may be disputed and the presumption rebutted informally with the department or in a hearing under this chapter. The person in whose name a vehicle is titled shall have the burden of rebutting that presumption.

Note: See State v. Kirch, 222 Wis. 2d 598, 587 N.W.2d 919 (Ct. App. 1998); Young v. West Bend Mutual Ins. Co., 2008 WI App 147; Kruse v. Weigand, 204 Wis. 195 (1931); Knutson v. Mueller, 68 Wis. 2d 199 (1974).

(2) A person who operates a motor vehicle with the express permission of a person who has control of a motor vehicle has the implied consent of the owner to operate the vehicle.

Note: If A loans a vehicle to B, even with conditions or contractual obligations on that loan, such as not re-loaning the vehicle, and B loans the vehicle to C, C has A’s implied consent to operate the vehicle notwithstanding the conditions or agreement between A and B. A’s relinquishment of control of the vehicle to B makes A responsible for any accident in which B is involved or in which any person operating the vehicle with B’s consent is involved. Plevin v. WisDOT, 267 Wis. 2d 281 (Ct. App. 2003). A is responsible for maintaining insurance on or covering damages caused by A’s vehicle.

(3) Any affidavit, police report or statement of a person other than the owner contending the motor vehicle was parked or operated with the owner’s permission shall result in an initial determination that the operator did have permission to operate the vehicle.

(4) The owner of a motor vehicle involved in an accident is exempt from depositing security under s. 344.14 (2) (g), Stats., if the owner or the owner’s insurer produces uncontroverted proof that the motor vehicle was operated or parked without actual or implied permission at the time of the accident. Acceptable proof shall be in one of the following forms:

(a) Written notice from the law enforcement agency where the offense occurred stating that the motor vehicle was reported stolen prior to the accident or that the law enforcement agency investigated the report and found it to be a stolen motor vehicle.

(b) Written notice from a district attorney that the owner has filed a complaint against the operator and that the operator is being charged with operating without the owner’s consent or another crime indicating the operator’s involvement in the theft of the motor vehicle.

(c) An affidavit signed by the operator stating that the motor vehicle was being operated without the owner’s expressed or implied consent is filed with the department. This paragraph does not apply to an owner who is the sponsor of the operator, under s. 343.15, Stats.

Note: This is an exclusive list of mechanisms that may be used for proving unauthorized operation of a vehicle. See Plevin v. WisDOT, 267 Wis. 2d 281 (Ct. App. 2003).

(5) An affidavit, filed by an insurer under s. 344.15 (4), Stats., that is signed by the owner and attests that the operator did not have permission to operate the motor vehicle at the time of the accident.

(6) Any affidavit made under sub. (4) (c) or (5) with respect to a leased motor vehicle shall be made by the vehicle lessee rather than the vehicle owner, unless the vehicle owner affirms that possession and control over the vehicle had transferred from the lessee to the owner by repossession or other operation of law at the time of the accident.

Note: A lessee is considered an “owner” under s. 344.01 (2) (cm). Because the lessee ordinarily has direct control of a leased vehicle, the lessee should ordinarily provide an affidavit under sub. (4) (c) or (5) rather than the lessor or titled owner.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: renum. (intro.) and (1) to be (4) (intro.) and (a), (2) to be (4) (b) and (c), (3) to be (5) and am. cr. (1), (2), (3) and (6) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (4) (intro.) Register November 2010 No. 659, eff. 12-1-10.

Wis. Admin. Code § Trans 100.10 Hearing and suspension procedure {#sec-trans-100.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.10}

(1) If proof of damages has been filed under s. Trans 100.07, and the department has determined that a reasonable possibility of a judgment being entered against an uninsured operator or owner exists, the department shall mail a notice to the last known address on file with the department for the uninsured operator and motor vehicle owner. The notice shall require the uninsured operator or owner, or both, to deposit security with the department. The amount of security shall be that sum that is sufficient in the secretary’s judgment to satisfy any judgment for damages resulting from the accident that may be recovered against either the operator or motor vehicle owner. The notice shall require security be deposited by a certain date, and advise the uninsured operator that his or her operating privilege will be suspended or advise the motor vehicle owner that his or her motor vehicle registration will be suspended if security is not deposited by the date required in the notice. The notice shall advise the uninsured operator or motor vehicle owner of actions they may take to avoid operating privilege or motor vehicle registration suspension. It shall also notify them that they may request a hearing on the department’s determination before the suspension date established in the notice.

(2) Prior to the suspension date specified in the notice, the uninsured operator or motor vehicle owner may request one 20-day extension of time to deposit security.

(3) If no hearing is requested and none of the safety responsibility compliance requirements set forth in the notice have been met by the suspension date, or the extended suspension date, the department shall issue an order suspending the uninsured person’s operating privilege and suspending registration of all the owner’s motor vehicles.

(3m) The department may grant a hearing on the propriety of a suspension order issued under sub. (3) to any person requesting a hearing within 14 days of the mailing date indicated on the suspension order.

(4) A request for a hearing will not affect the uninsured person’s operating privilege or motor vehicle registration status. Operators and owners who request a hearing prior to the department issuing a suspension order will not have their operating privileges or motor vehicle registrations suspended for failure to deposit security until the conclusion of hearing procedures. Operators who request a hearing after the department issues an operating privilege suspension order shall remain subject to the order unless the suspension is overturned as a result of the hearing. Motor vehicle registrations that are suspended before a request for a hearing is received by the department shall remain suspended unless the suspension is overturned as a result of the hearing.

(5) If a hearing is requested, the division of motor vehicles shall notify the interested parties of the date, time and place of the hearing. A person may request one postponement or rescheduling of a hearing for any reason if the request is made within 8 calendar days of the mailing date indicated on the notice of hearing. Subsequent requests for postponement or rescheduling may be granted only where an emergency makes attendance unduly burdensome on a party.

(6) The department may dismiss an operator’s or owner’s request for a hearing if the operator or owner fails to appear for the hearing at the time and place designated in the notice. A hearing dismissed under this subsection may be reopened upon motion of the operator or owner and for good cause shown.

Note: See s. 344.02 (1), Stats.

(7) Hearings shall be informal. Hearsay and documentary evidence may be received by the hearing examiner and relied upon as the basis for a decision. Telephone testimony of persons involved in the accident may not be permitted.

(8) Hearings shall be tape recorded for the purpose of preserving a record. Copies of recorded hearings may be purchased by a party for the cost to the department of copying the tape.

Note: The current cost for copying a tape is $7.00 per tape.

(9) The hearing examiner shall have all the duties and powers available to a hearing examiner under ch. 227, Stats.

(10) All parties and their counsel shall be respectful of the hearing examiner and behave in a professional manner. A hearing examiner may exclude a person or attorney from a hearing for engaging in disrespectful, contemptuous, or disruptive conduct. An attorney who is repeatedly excluded from hearings for conduct may be barred from participating in administrative hearings before the department.

(11) An examiner may hold the record open at the end of a hearing to receive additional evidence not available at the hearing.

(12) The department shall enter a decision within 30 days of the date of the hearing, or as soon as practicable thereafter.

(13) A person may request a rehearing as provided for in s. 227.49, Stats.

(14) Appeals of decisions under this section shall be made in accordance with s. 344.03, Stats.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1) and (2), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (10) Register November 2010 No. 659, eff. 12-1-10.

Wis. Admin. Code § Trans 100.11 Notice of subrogation {#sec-trans-100.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.11}

(1) An insurer may file a notice of subrogation with the department at any time.

(2) Acceptable notice of subrogation is any of the following:

(a) A copy of a subrogation receipt signed by the insured.

(b) Proof of payment made as follows:

A copy of the insurer’s cancelled check endorsed by the insured or a third party that provided services to the insured for damages resulting from the accident, such as an automobile repair facility.
If a copy of the endorsement is not readily available, a written certification of the insurer that payment was accepted by the payee named on the check.
If a copy of the check is not readily available, an insurer may submit a copy of a corporate payment record together with a certification that the payment was accepted by the insured party or a third party that provided services to the insured for damages resulting from the accident, such as an automobile repair facility.

(3) If a person deposits security with the department, the department shall provide notice of the filing to any person that has filed a notice of subrogation with the department at the address set forth in the subrogation notice or, if the subrogee is an insurer, at the address on file with the department for correspondence with the insurer.

(4) Disposition of any deposited security shall be made in accordance with s. Trans 100.08 and s. 344.20, Stats.

(5) Releases and installment agreements filed after the filing of a subrogation notice with the department will not have any effect unless each subrogated party and insured has joined in or filed a release or installment agreement.

(6) Releases or installment agreements received before notice of subrogation is received and filed by the department will not be affected by the filing of the subrogation notice.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; am., Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. Register October 2005 No. 598, eff. 11-1-05.

Wis. Admin. Code § Trans 100.12 Release of liability {#sec-trans-100.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.12}

(1) Effect of release. The department may not suspend the operating privilege of an operator or motor vehicle registrations of a vehicle owner under s. 344.14, Stats., if that person has been released from liability by all persons on whose behalf a security deposit has been required by the department under s. Trans 100.07 or s. 344.13, Stats., and all persons who have filed subrogation notices with the department for such claims.

Note: See ss. 344.14 (2) (h) and 344.18 (1) (b), Stats.

(2) Validity of release. A release shall be considered valid under ss. 344.14 (2) (h) and 344.18 (1) (b), Stats., if it meets all of the following criteria:

(a) Written release required. A release shall be made in writing.

(b) Consideration required. A release shall state that it is made for consideration, such as an exchange of money or something that has money value.

Note: Forms MV 3039—Minors Release, and MV 3041—Release of Liability.

‘Injured parties.’ If a party sustains property damage or personal injuries, the release shall include the witnessed or notarized signature of each subrogated party and the witnessed or notarized signature of the injured party, except as provided in subds. 2. to 4.
‘Minors with claims $5,000 or less.’ If an injured party is less than 18 years old and the amount of deposit required by the department under s. 344.13, Stats., does not exceed $5,000, the witnessed or notarized signature of that injured party’s parent or legal guardian, and if any personal injury to the injured party occurred, a doctor’s certification that the injury is not permanent is required.

Note: See s. 344.14 (2) (h), Stats.

‘Minors with claims exceeding $5,000, or permanent injuries.’ If an injured party is less than 18 years old and either a doctor certifies that the injury is permanent or the amount of deposit required by the department under s. 344.13, Stats., exceeds $5,000, a witnessed or notarized legal guardian’s signature in his or her capacity as guardian is required, together with a court order authorizing the guardian for the injured party to execute the release.

Note: ss. 807.10, 344.14 (2) (h) and 344.18 (1) (b), Stats. Parents are not “legal guardians” unless appointed by a court.

‘Incompetents.’ If an injured party is incompetent, a witnessed or notarized guardian’s signature in his or her representative capacity is required together with a court order authorizing the guardian to execute the release.
‘Deceased parties.’ If the injured party died as a result of the accident, the release shall include one of the following:

a. The witnessed or notarized signature of the personal representative or administrator of the estate of the deceased, accompanied by a copy of the court order appointing the personal representative or administrator.

b. The witnessed or notarized signature of parents with legal custody or the legal guardian of the deceased when the deceased was a minor at the time of the accident.

c. The witnessed or notarized signature of the primary heir of the estate of the deceased, accompanied by an affidavit of heirship from the releasing party and assurance that the estate will be settled without appointment of a personal representative. The department may accept a copy of a petition filed under ch. 867, Stats., or a court order assigning property under ch. 867, Stats., as assurance under this subdivision.

d. The witnessed or notarized signature of the primary heir of the estate of the deceased, accompanied by an affidavit of heirship from the releasing party and a certified medical statement attesting that the deceased had no pain and suffering.

(3) Dismissal of claims. A final judgment on the merits and with prejudice dismissing all claims against the uninsured operator or owner shall be treated as a release of liability for that uninsured operator or owner as to all parties to that court action.

(4) Satisfaction of judgment. A satisfaction of judgment against the uninsured operator or owner for claims arising out of the accident shall be treated as a release of liability for that uninsured operator or owner as to all parties to the court action.

(5) Bankrupt uninsured persons under safety responsibility law.

(a) Effect on deposited security. Notwithstanding the imposition of a stay at the commencement of a bankruptcy proceeding or the issuance of an order of discharge in a bankruptcy proceeding, any security that is deposited with the department shall be held in trust by the department for the benefit of any injured party on whose behalf a security deposit has been required under s. Trans 100.07 or s. 343.13, Stats.

(b) Bankruptcy that precedes safety responsibility suspension. In any case in which the department is notified of a pending bankruptcy proceeding and applicability of a stay under 11 USC 362, the department may not suspend the operating privilege or motor vehicle registration of the debtor until the stay is no longer in effect and the department is notified by an injured party or their subrogated insurer that the debt was not discharged and that suspension under s. 343.14 or 343.18, Stats., is appropriate.

Note: 11 USC 362 is the bankruptcy code’s automatic stay provision.

‘Reinstatement.’ An uninsured operator or vehicle owner whose operating privilege or motor vehicle registration is suspended under s. 344.14 or 344.18, Stats., who files a petition in bankruptcy, and from whom collection of a pre-bankruptcy debt arising from an accident occurring prior to the filing of the petition is stayed under 11 USC 362, or whose liability for damages resulting from an accident is discharged under United States bankruptcy laws may reinstate his or her operating privilege or motor vehicle registration. The person shall be subject to all the same reinstatement, filing and fee requirements as any other person seeking license reinstatement who has obtained a release from the injured party.

Note: See Holder v. DOT, 40 BR 847 (E.D. Wisc., 1984) regarding the Department’s authority to require proof of financial responsibility for the future of a bankruptcy debtor. Tort liability is not “consumer debt” under 11 USC 101 (7). Therefore, Ch. 13 co-debtor stay does not prohibit collection against non-bankrupt persons. In re ALVAREZ, 57 BR 65 (S.D. Fla., 1985).

‘Release of suspension ordered in violation of automatic stay.’ If the department is notified that a stay prohibiting action against a debtor under 11 USC 362 was in effect at the time the department ordered revocation or suspension of the debtor’s operating privilege or motor vehicle registration under s. 344.14, Stats., the department shall release the s. 344.14, Stats., revocation or suspension and, if the debtor is otherwise eligible to be licensed, reinstate the bankruptcy debtor’s operating privilege and motor vehicle registration without any reinstatement fee.

Note: 11 USC 362 is the bankruptcy code’s Automatic Stay provision.

‘Reimposition of suspension.’ The department may suspend a debtor’s operating privilege or motor vehicle registration that was released under subd. 1. or 2. upon a showing by an injured party that the debt for damages resulting from the accident was not discharged or satisfied within the bankruptcy proceeding and that the bankruptcy stay is not in effect or upon notification that the case has been dismissed.
‘Proof.’ The department may require satisfactory proof that the debtor’s liability to all injured parties and their subrogated insurers have been discharged in a bankruptcy proceeding in any case where a debtor seeks to reinstate an operating privilege or motor vehicle registration after the case is closed or dismissed, a discharge has been granted, or the automatic stay has been lifted, terminated, annulled or modified. Acceptable proof may include copies of the schedules for the bankruptcy case listing the injured party as a claimant in the bankruptcy, proof of the filing date, such as the notice of bankruptcy filing mailed by the bankruptcy court or a copy of the petition containing the clerk’s file stamp showing the date the petition was filed, and an affidavit that the debt is dischargeable under 11 USC 523 and has been discharged.
‘Disputes.’ In any case where a debtor uninsured operator or motor vehicle owner and an injured party dispute whether a discharge has affected the injured party’s claim, the department may require one or both parties to obtain a court order that decides whether the claim is discharged.
‘Court determinations.’ The department shall accept court findings or orders regarding discharge of a claim in an action between the debtor uninsured operator or motor vehicle owner and an injured party as determinative, and may impose or release a suspension under ch. 344, Stats., in accordance with the determination of the court.

Note: While the Department does not have authority to require debtors to provide a certain type of notice of bankruptcy filing to it under federal law, debtors who are subject to financial responsibility filing requirements will find that the Department’s reaction to a bankruptcy filing is faster and more predictable under this section if the Department is listed on the mailing matrix for the proceeding with an address of Wisconsin Department of Transportation, Uninsured Motorists Unit, P.O. Box 7919, Madison, WI 53707-7919.

(d) The department may not release a safety responsibility or damage judgment suspension or revocation based solely upon a court order entered under s. 128.21, Stats.

Note: Voluntary wage earner proceedings affect only executions, attachments or garnishments, and do not affect suspensions and revocations of operating privileges. s. 128.21 (1), Stats. Debtors using state procedures to reorganize debts may use a s. 344.27, Stats., process to obtain a court ordered repayment plan for an unpaid damage judgment.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; renum. (4) (intro.) to be (4) and am. r. (4) (a) to (c), cr. (5), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. (1), (2), (4) and (5), renum. (3) to be (2) (c) 5. and am., cr. (3) Register October 2005 No. 598, eff. 11-1-05.

Wis. Admin. Code § Trans 100.13 Written installment agreement {#sec-trans-100.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.13}

(1) For the purpose of s. 344.14 (2) (h) or 344.25 (2), Stats., a written agreement providing for payment in installments of an agreed amount for all claims for injury or damage resulting from the accident shall contain all of the following:

(a) A promise by the uninsured person to pay an amount of money or to transfer ownership of something that has money value to an injured party as settlement for all claims by the party for damages or injuries arising out of the accident.

(b) The date of the first installment payment, the frequency of payments if payments are to be made other than on a monthly basis, and the calculated date final payment is due under the payment plan.

(c) The notarized or duly acknowledged signature of the uninsured operator or owner making the payments. If that person is less than 18 years of age, a parent or sponsor under s. 343.15, Stats., shall co-sign the installment agreement as a person responsible for making the payments, or a legally appointed guardian may sign on behalf of the minor pursuant to court authorization of their signing the agreement as guardian.

(d) The witnessed signatures of all other parties in the installment agreement.

Note: Form MV 3128—Installment Agreement to Pay Damages.

(e) The names and addresses of all parties to the agreement.

(f) If an injured party to the agreement is less than 18 years old and the amount of deposit required by the department under s. 344.13, Stats., does not exceed $5,000, the witnessed or acknowledged signature of the injured party’s parent or legal guardian, and if any personal injury to the injured party occurred, a doctor’s certification that the injury is not permanent.

Note: See s. 344.14 (2) (h), Stats.

(g) If an injured party to the agreement is less than 18 years old and the amount of deposit required by the department under s. 344.13, Stats., exceeds $5,000, or a doctor’s certification that the injury is not permanent is not filed with the department, a guardian’s signature in his or her capacity as guardian is required, together with a court order authorizing the guardian for the injured party to enter into the agreement.

(h) If an injured party to the agreement is incompetent, a guardian’s signature in his or her capacity as guardian is required, together with a court order authorizing the guardian for the injured party to enter into the agreement.

Note: Sections 807.10, 344.14 (2) (h), and 344.18 (1) (b), Stats.; Form MV 3128— Installment Agreement to Pay Damages.

(i) A statement as to whether the claim is for injury to property, injury to a person, or injury to a combination of persons or property, and that upon payment of the appropriate amount specified in s. Trans 100.18 (1) (f) to (i), the judgment creditor shall report the judgment as “satisfied for purposes of s. 344.26 (3), Stats.,” to the division of motor vehicles.

(2) An amended agreement shall be accepted if the original agreement filed is valid, the amended agreement is signed by all parties to the original agreement, and any required court approval under sub. (1) (g) is filed. Parties who have released their claims prior to the amendment may not be required to join in any amendment.

(3) Notwithstanding s. 344.18 (3), Stats., a person who has been released from liability for debts arising from an accident may not be subjected to operating privilege or motor vehicle registration suspension based upon a default in a written installment agreement for the liability that has been released.

(4) A person may not reinstate his or her operating privilege upon filing a written installment agreement if the person’s operating privilege has been suspended for failure to comply with a court-ordered installment plan under s. 344.27 (3), Stats., until the case is resolved under s. Trans 100.18.

Note: Section 344.27 (3), Stats., provides that “[i]f the judgment debtor fails to pay any installment as specified by such order, the secretary, upon notice of such default, shall immediately suspend the operating privilege and registrations of the judgment debtor until such judgment is satisfied as provided in s. 344.26.” Section 344.26 provides that a person whose operating privilege is suspended for a damage judgment may be reinstated if the judgment is stayed, satisfied or discharged. But, s. 344.26 (3) makes clear that “satisfaction,” as used in the statute, does not have its ordinary and generally understood meaning of paying a judgment in full (see, for example, s. 806.20, Stats.). Rather, “satisfaction” under the damage judgment law means to pay a creditor the same amount the creditor would have received if the judgment debtor had held insurance in the minimum mandatory amounts required to avoid responsibility under the safety responsibility laws. Trans 100.18 deals with the process of resolving a damage judgment suspension, including paying off the amount required to “satisfy” a judgment under s. 344.26 (3), Stats.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; CR 01-156: am. (1) (intro.), (a) to (d) and (2), cr. (1) (e) to (h) and (3) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: cr. (1) (i) and (4) Register November 2010 No. 659, eff. 12-1-10.

Wis. Admin. Code § Trans 100.15 Reinstatement requirements {#sec-trans-100.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.15}

(1) Fee requirements. Except as provided in sub. (3), a person shall pay the following fees as a condition of reinstating an operating privilege or motor vehicle registration that is suspended or revoked under ch. 344, Stats.:

(a) A person whose motor vehicle registration has been suspended or revoked under ch. 344, Stats., shall pay the reinstatement fee specified in s. 341.36 (1m), Stats.

(b) A person whose operating privilege has been suspended or revoked under ch. 344 shall pay the reinstatement fee specified in s. 343.21 (1) (j), Stats.

(c) Persons subject to both motor vehicle registration and operating privilege suspensions shall pay all fees required under pars. (a) and (b).

(2) Proof of financial responsibility requirement. Except as provided in sub. (3), a person reinstating his or her operating privilege or motor vehicle registration shall satisfy the following proof of financial responsibility for the future requirements:

(a) If the person’s operating privilege or motor vehicle registration was suspended or revoked for failing to deposit security, the person shall meet the proof of financial responsibility for the future requirements of s. 344.18 (1m), Stats., for 3 years from the date the person meets one of the requirements under sub. (4).

(b) If the person’s operating privilege or motor vehicle registration was suspended or revoked for failure to pay a damage judgment, the person shall meet the proof of financial responsibility for the future requirements of s. 344.26 (1), Stats. If the department imposed the revocation or suspension before September 1, 2000, and 3 years have not passed since the entry of judgment, the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date of the entry of judgment. If the revocation or suspension was imposed by the department on or after September 1, 2000, and the judgment has been stayed, satisfied or discharged, the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date the judgment was stayed, satisfied or discharged. If the revocation or suspension was imposed by the department on or after September 1, 2000, and a court has ordered that the judgment debtor be allowed to pay the judgment in installments under s. 344.27 (2), Stats., the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date that order is filed with the department. In the event the person defaults on the installment agreement and is subjected to another operating privilege or motor vehicle registration suspension, and the judgment is stayed, satisfied or discharged, the person will be required to post proof of financial responsibility for the future for a 3 year period from the date the judgment was stayed, satisfied or discharged.

Note: See 1999 Wis. Act 80, s. 9348, for authority on provisions involving the date September 1, 2000.

(3) Fees and proof of financial responsibility for the future not required. No operating privilege or motor vehicle registration reinstatement fee or future proof of insurance is required when any of the following occur:

(a) The person submits credible evidence to the department that the person was not the driver or owner of the vehicle involved in the accident.

(b) The person submits written verification to the department that an insurance policy or bond meeting the requirements of s. 344.15, Stats., was in effect at the time of the accident. The written verification must be submitted prior to the person reinstating his or her operating privilege or motor vehicle registration.

(d) A stay imposed under United States bankruptcy laws prohibited suspension or revocation of the person’s operating privilege or motor vehicle registration at the time the department suspended or revoked the person’s operating privilege.

(e) The suspension is a result of administrative error on the part of the department.

(f) A person suspended under ch. 344, Stats., petitions the department and a hearing examiner determines there is no reasonable possibility of a judgment against a person.

(4) Resolving claim in safety responsibility cases. A person whose operating privilege or motor vehicle registration is suspended or revoked for failure to deposit security under s. 344.14 or 344.18 (3), Stats., shall meet one of the following conditions as a prerequisite to reinstating the operating privilege or motor vehicle registration:

(a) Deposit security as required by s. 344.18 (1) (a), Stats., in the amount and form required under ss. Trans 100.07 and 100.08.

(b) File evidence with the department that the person has been released from liability or adjudicated not to be liable as required by s. 344.18 (1) (b), Stats., in a form acceptable under s. Trans 100.12.

(c) File a written agreement with the department as required by s. 344.18 (1) (c), Stats., in the form and manner required by s. Trans 100.13.

(d) Be subject to an operating privilege or motor vehicle registration suspension or revocation for a period of more than one year, provided that no notice is filed with the department by an injured party or claimant in interest that an action has been commenced in the form and manner required by s. 344.18 (1) (d), Stats.

(5) Resolving claim in damage judgment cases. A person whose operating privilege or motor vehicle registration was suspended or revoked for failure to pay a damage judgment may not reinstate an operating privilege or motor vehicle registration until the person resolves the damage judgment case in a manner permitted under s. Trans 100.18.

Note: Section 128.21, Stats., voluntary proceeding orders do not stay Ch. 344 license suspension or revocation actions, and are therefore inadequate to resolve a damage judgment suspension or revocation under s. Trans 100.18. See s. Trans 100.18 (4) regarding the effect of a bankruptcy on a damage judgment revocation.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; r. and recr., Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. ((intro.), renum. (1) to be (3) (a), (3) to be (3) (c), cr. (1), (2) and (5), renum. (2) to be (3) (b), (5) and (6) to be (3) (e) and (f) and am., r. and recr. (4), Register October 2005 No. 598, eff. 11-1-05; CR 10-070: renum. (5) (intro.) to be (5) and am., r. (5) (a) to (e) Register November 2010 No. 659, eff. 12-1-10; CR 22-048: am. (3) (a) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 100.16 Self-insurance {#sec-trans-100.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.16}

(1) The department shall issue a certificate of self-insurance to a person under the following conditions:

(a) The person owns more than 25 motor vehicles which are registered in Wisconsin;

(b) An application for self-insurance is completed, and

(c) The person’s application and a financial statement, signed during the last calendar year, indicate that the person has and will continue to have the ability to pay judgments arising out of motor vehicle accidents.

Note: Forms MV 3069—Application for Self-Insurance and MV 3070—Safety Responsibility Self-Insurance Certificate.

(2) Self-insurance certificates shall be issued for a period of one year.

(3) Renewal of a certificate requires submittal of a new self-insurance application and a financial statement.

(4)

(a) A person shall be considered to have the ability to pay judgments arising out of motor vehicle accidents if the person has unencumbered assets of at least the sum of multiple injury minimum coverage plus property damage minimum coverage times the square root of the total number of motor vehicles owned by the person and operated on Wisconsin highways, is paying creditors as the person’s debts become due, and does not have any judgment, fine or forfeiture that has remained unpaid more than 30 days.

Note: The sum of multiple injury minimum coverage plus property damage minimum coverage is $60,000. Wis. Stat. s. 344.33 (2) (b) and (c).

(b) In this subsection:

“Unencumbered assets” means the net worth of the person less the sum of all contingencies and reserved capital.

Note: Unencumbered Assets = Net Worth – (Contingencies + Reserved Capital).

“Contingencies” means events that have occurred, or that are likely to occur, that if included in the financial statements of the person, would have a material effect on the financial position of that person.

Note: Examples of contingencies include a lawsuit that could result in the payment of damages, fines or forfeitures that have not been reflected or disclosed on the financial statements or investment losses not yet realized and not reflected or disclosed on the financial statements.

“Reserved capital” means any amount reserved by management as required by contract or reserved for a specific activity.

Note: Examples of reserved capital include established reserves required by loan agreements, planned purchases of company stock, and planned distributions of capital.

(c) Evidence that a person has the ability to pay judgments shall be provided in the form of audited financial statements or on a United States securities and exchange commission form 10K filing.

Note: The provisions of sub. (4) are drawn from the Insurance Industry Committee on Motor Vehicle Administration’s recommendations to the American Association of Motor Vehicle Administrators.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; CR 01-156: am. (2), cr. (4) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (4) (a) Register November 2010 No. 659, eff. 12-1-10.

Wis. Admin. Code § Trans 100.17 Transfer of vehicle ownership {#sec-trans-100.17 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.17}

(1) A transfer of ownership of any motor vehicle that has its registration suspended or revoked or is subject to suspension or revocation under s. 344.14, Stats., may not be allowed under any of the following circumstances:

(a) The owner whose registration is suspended, revoked or subject to suspension continues to have possession of, use of, or receive any benefit from the operation of the motor vehicle.

(b) The transferee resides at the same address as the transferor.

(1m) The department may not issue a title in the name of a purported purchaser for a motor vehicle if the transaction is impermissible under sub. (1).

(2) A person’s registration shall be considered subject to suspension or revocation under s. 344.14, Stats., when written notice of a security requirement under s. 344.13, Stats., is issued by the department.

(3) An application for transfer of ownership may be accepted and a title may be issued in the name of the purchaser, when either of the following occur:

(a) The motor vehicle is repossessed by a person who, pursuant to the terms or conditions of any written instrument, is given a right of repossession.

(b) The purchaser does not reside at the same address as the seller and the full value of the motor vehicle has been paid to the seller. The department may require proof of payment, an affidavit from the buyer or seller, or other evidence that the proposed transfer is in good faith.

(4) If the department refuses to acknowledge an alleged transfer of ownership and to issue a title in the name of the alleged purchaser, the department shall do all of the following:

(a) Create a new title, without charge, in the name of the seller and send it to the seller with a letter explaining why the transfer of ownership was refused.

(b) Return all fees submitted with the application to the purchaser with an explanation as to why the transfer of ownership was refused.

(5) If the department issues a title in violation of s. 344.46, Stats., after it issues a notice of security requirement under s. Trans 100.10 (1), the department shall suspend any outstanding title and registration, shall notify the transferee and transferor of that fact, and shall demand return of the mistakenly issued title. Upon return of the title to the department, the department shall provide a duplicate title to the transferor, without fee. A vehicle that is transferred as a gift, is sold for inadequate consideration, that remains in the possession of the transferor, that continues to be used by the transferor, or that is transferred to a spouse, parent, child, spouse’s parent, child’s spouse, step parent, step child, or any person residing at the same address as the transferor, shall be presumed to have been transferred for the purpose or with the effect of defeating the purpose of ch. 344, Stats.

(6) The department may notify any lien holders of record or appearing on alleged purchaser’s title application of the department’s actions under this section and the reasons for those actions and may provide copies of any materials sent by the department to the alleged purchaser or seller.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1), (2) and (4) (b), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1), (2), (3) (intro.), (a) and (b), and (4) (intro.) and (b), cr. (1m), (5) and (6), r. (4) (c), Register October 2005 No. 598, eff. 11-1-05.

Wis. Admin. Code § Trans 100.18 Damage judgments {#sec-trans-100.18 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.18}

(1) Suspension. Upon receipt of a certified damage judgment from a Wisconsin court, the department shall immediately suspend the judgment debtor’s operating privilege and the registration of the judgment debtor’s motor vehicles. The suspension shall remain in effect until the person meets the criteria of sub. (5), and until one of the following conditions is met:

(a) The person files with the department a certified or court stamped copy of a satisfaction of judgment.

(b) The person files with the department a court ordered installment payment schedule meeting the requirements of s. 344.27, Stats.

(d) The person’s suspension or revocation is temporarily or permanently affected under sub. (4) because of a bankruptcy.

(e) More than 20 years from the entry date of the judgment have elapsed.

Note: See s. 893.40, Stats.

(f) If the judgment is for property damage, the person files proof of payment of an amount equal to the property damage minimum coverage level described in s. Trans 100.02 (12m) to the judgment creditor, including payments made in settlement or partial settlement of the property damage claim or payments made to the court for application to the judgment. Payments on the claim made by the judgment debtor, an insurance carrier, or any other person may be aggregated to reach that amount.

Note: See the note following s. Trans 100.18 (1) (i).

(g) If the judgment is for injury to a single person, the person files proof of payment of an amount equal to the single injury minimum coverage level described in s. Trans 100.02 (13m) to the judgment creditor, including payments made in settlement or partial settlement of the injury claim or payments made to the court for application to the judgment. Payments on the claim made by the judgment debtor, an insurance carrier, or any other person may be aggregated to reach that amount.

Note: See the note following s. Trans 100.18 (1) (i).

(h) If the judgment is for injury to more than one person, the person files proof of payment of an amount equal to the multiple injury minimum coverage level described in s. Trans 100.02 (11m) to the judgment creditor, including payments made in settlement or partial settlement of the injury claim or payments made to the court for application to the judgment. Payments on the claim made by the judgment debtor, an insurance carrier, or any other person may be aggregated to reach that amount.

Note: See the note following s. Trans 100.18 (1) (i).

(i) If the judgment results from any combination of property damage, injury to one person, or injury to more than one person, the person files proof of payment of the amount applicable under par. (f) plus the amount applicable under par. (g) or (h), whichever is applicable, to the judgment creditor, including payments made in settlement or partial settlement of the property damage or injury claims or payments made to the court for application to the judgment. Payments on the judgment creditor’s claim made by the judgment debtor, an insurance carrier, or any other person may be aggregated to reach the amount required to be paid prior to satisfaction of the damage judgment for driver licensing purposes under this paragraph.

Note: Under s. 346.26 (3), Stats., a judgment is deemed “satisfied” to the extent that a person should be able to reinstate their operating privilege once the person has paid a judgment debtor an amount equal to the minimum required insurance amounts a person needs to avoid operating privilege suspension under the safety responsibility law. The actual judgment may not be partially satisfied to the same extent because payment of interest, costs and attorneys fees all qualify as payment toward this total dollar amount. Pars. (f), (g), and (h) address this means of “satisfying” specific types of damage judgments for driver licensing purposes. Par. (i) addresses situations where a debtor owes for both property damage and personal injury and requires payment of up to $35,000 ($10,000 + $25,000) for such an accident to property and one person or $60,000 ($10,000 + $50,000) for damages to property and injuries to multiple persons as a precondition of reinstatement. Of course, providing evidence that the entire judgment has been satisfied with a court is also acceptable. Minimum mandatory insurance amounts are set under s. 344.33 (2), Stats.

(1m) Resuspension. If a judgment debtor fails to comply with the payment terms of a voluntary or court-ordered agreement under sub. (1) (b) or (c), upon notice of the default, the secretary shall suspend the debtor’s operating privilege. That suspension shall remain in effect until the judgment debtor meets the requirements of sub. (1) (a) to (i).

Note: The first sentence of this provision provides that a person whose operating privilege is suspended for a damage judgment may reinstate by paying off the judgment, entering into a voluntary payment agreement with the judgment creditor, obtaining a court-ordered payment plan, filing for bankruptcy, waiting 5 years, or paying the creditor an amount equal to the insurance that would have been paid to the creditor had the judgment debtor held insurance in the minimum mandatory insurance amounts specified in 344.33 (2), Stats. This provision permits more than one debtor-creditor agreed or judicially ordered payment plan under s. 344.25 or 344.27, Stats.

(2) Out-of-state and tribal court judgments.

(a) Out-of-state judgments against Wisconsin drivers. Upon receipt of a certified damage judgment naming a Wisconsin resident or licensed operator as judgment debtor from a court or driver licensing authority in another jurisdiction, the department shall provide notice of the receipt of the certification to the judgment debtor. The department shall suspend the operating privilege and motor vehicle registrations of the judgment debtor unless, within 30 days of the issuance of the notice by the department, the person satisfies one of the requirements of sub. (1) (a) to (i) or, files a letter of clearance or other proof of license reinstatement in that other state from the driver licensing authority in the other jurisdiction.

Note: See s. 344.25 (5), Stats.

(am) Out-of-state judgments against drivers moving to Wisconsin from another state. If a judgment debtor’s operating privilege is suspended or revoked in another state for nonpayment of a judgment before the debtor obtains a Wisconsin driver license, the judgment debtor may not be licensed in Wisconsin until the debtor reinstates his or her operating privilege in that other state. If another state provides notice to Wisconsin of entry of a damage judgment in that other state which may result in suspension for nonpayment of the judgment in Wisconsin under s. 344.25 (5), Stats., the department shall provide notice of the receipt of the certification to the judgment debtor. The department shall suspend the operating privilege and motor vehicle registrations of the judgment debtor unless, within 30 days of the issuance of the notice by the department, the person satisfies one of the requirements of sub. (1) (a) to (i), or files a letter of clearance or other proof of license reinstatement in that other state from the driver licensing authority in the other jurisdiction.

Note: Where notice of a judgment debt is sent to the Department by a licensing authority in another state, obtaining a release letter may be required as a precondition to obtaining or keeping a Wisconsin driver license. If the judgment debtor has moved to Wisconsin from the other state, the Department is prohibited from issuing the person a license if the person’s operating privilege is suspended or revoked in the other state. s. 343.38 (4), Stats. If the person has been issued a license, it will be cancelled. s. 343.25, Stats.

(b) Tribal judgments. Upon receipt of a certified damage judgment naming a Wisconsin resident or licensed driver as judgment debtor from an American Indian tribal court in Wisconsin, the department shall provide notice of the receipt of the certification to the judgment debtor. The department shall suspend the operating privilege and motor vehicle registrations of the judgment debtor unless, within 30 days of the issuance of the notice by the department, the person satisfies one of the requirements of sub. (1) (a) to (i).

(c) Period of suspension. If a judgment debtor’s operating privilege or vehicle registration is suspended because of non-payment of an out-of-state or tribal judgment, the person’s operating privilege or vehicle registration shall remain suspended until the person meets the criteria of sub. (5) and the person satisfies one of the requirements of sub. (1) (a) to (i).

(3) Installment agreements.

(a) If a judgment creditor consents to allow a judgment debtor to retain or reinstate the debtor’s operating privilege or motor vehicle registration under s. 344.25 (2), Stats., the parties shall file a copy of the written installment agreement between the parties. The agreement shall meet the requirements of s. Trans 100.13. In applying the requirements of s. Trans 100.13, the term “injured party” shall mean the judgment creditor, and the term “uninsured person” shall mean the judgment debtor. The installment agreement shall provide that upon payment of the sums specified in the agreement, the judgment will be satisfied. The installment agreement shall clearly state whether the judgment is for damages to property, or damages to a single individual or multiple individuals, or both, shall state the aggregate payment amount sufficient to permit reinstatement of the person’s operating privilege under sub. (1) (f) to (i), and shall require the judgment creditor to advise the division of motor vehicles upon receipt of payments totaling that amount.

(b) If the department is notified that a judgment debtor has defaulted on a written installment agreement filed under s. 344.25, Stats., and 6 months have not elapsed from the date of the agreement, the department shall advise the person notifying the department of the default that no action may be taken until 6 months have elapsed and may not take further action. If 6 months have elapsed from the date of the agreement, the department shall immediately suspend the person’s operating privilege and motor vehicle registration. The suspension shall remain in effect until the person complies with sub. (5) and meets one of the conditions required for reinstatement under sub. (1) (a), (b), or (d) to (i).

Note: Section 344.25 (2), Stats., provides that a reinstatement following filing of a repayment agreement is for a minimum of 6 months. Courts do not have authority to order operating privilege or motor vehicle registration reinstatement in voluntary wage earner debt amortization proceedings under s. 128.21, Stats. Amortization orders entered under s. 128.21 will not result in a debtor being able to immediately reinstate his or her operating privilege or motor vehicle registration. In cases where a s. 128.21 proceeding is considered, bringing a parallel s. 344.27 motion to amortize a judgment debt should be considered.

(4) Bankrupt persons under damage judgment law.

(a) A person whose operating privilege or motor vehicle registration is suspended or revoked under s. 344.25, Stats., who files a petition in bankruptcy, and from whom collection of a pre-bankruptcy damage judgment debt is stayed under 11 USC 362, or whose personal liability for the damage judgment debt is discharged under U. S. bankruptcy laws, may reinstate his or her operating privilege or motor vehicle registrations. The person shall be subject to all the same vehicle reinstatement, filing and fee requirements as any other person seeking operators license or registration reinstatement who has obtained a satisfaction of judgment following a damage judgment suspension.

(b) If a judgment creditor notifies the department that the automatic stay has been lifted to permit collection of the debt evidenced by the damage judgment, the department shall suspend the person’s motor vehicle registration and operating privilege.

(c) If the debtor’s bankruptcy case closes or the automatic stay is lifted and the debt is not dischargeable under United States bankruptcy law, the department shall suspend the debtor’s operating privilege and motor vehicle registration upon receipt of one of the following:

If a hearing is required to determine dischargeability of the judgment debt under 11 USC 523 (c) (1), a copy of the court order finding the debt to be non-dischargeable.
If no hearing is required to determine dischargeability of the judgment debt under 11 USC 523 (c) (1), then an affidavit of the claimant that the judgment is not dischargeable under bankruptcy law, citing the appropriate exception to discharge applicable to the judgment debt under 11 USC 523 (a), and affirming that the debt was not discharged in the debtor’s bankruptcy proceeding, or a court order making a determination that the debt was not discharged by the bankruptcy proceeding.

(d) The department may not permit a person whose operating privilege or motor vehicle registration was suspended under par. (c) to reinstate the operating privilege or motor vehicle registration unless the person provides a court order or findings to the department from a proceeding to which the judgment debtor and creditor were parties concluding that the debt was, in fact, discharged by the bankruptcy proceeding or the person meets the reinstatement requirements of sub. (1) (a) to (e).

(e) A debtor who alleges a damage judgment was entered and certified to the department in violation of the automatic stay in violation of 11 USC 362 shall be required to provide evidence that the judgment is void or has been vacated or satisfied as a condition of license reinstatement.

(5) Standard reinstatement requirements.

(a) In order to reinstate an operating privilege after a suspension or revocation for nonpayment of a damage judgment, in addition to satisfying the damage judgment by complying with subs. (1) to (3), a driver must also pay all fees required for operating privilege reinstatement and file any required proof of financial responsibility for the future.

(b) In order to reinstate vehicle registration after a suspension or revocation for nonpayment of a damage judgment, a driver must also pay any fee required for reinstatement of the vehicle registration.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (1) (intro.), (2) (a), (b), (3) (a), and (4) (title), cr. (1) (f) to (i), (1m), (2) (am), (c), and (5), renum. (3) (b) (intro.) to be (3) (b) and am., r. (3) (b) 1. to 3. Register November 2010 No. 659, eff. 12-1-10; CR 22-048: am. (2) (b) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 100.19 File purge criteria {#sec-trans-100.19 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.19}

(1) The department may purge references to accidents from the department’s online database of driver records twice per year or with such increased frequency as the secretary deems appropriate.

(2) An accident may be removed from a driver record if more than 4 years from the date of the accident have elapsed when the purge is conducted.

(3) A safety responsibility suspension or revocation case entry may be removed from a driver record if 5 years from the effective date of the suspension or revocation, or 3 years from the operator’s reinstatement eligibility date, whichever is longer, have elapsed at the time the purge is conducted.

(4) After a damage judgment is satisfied or discharged, the damage judgment suspension or revocation case entry may be removed from a driver record at the time a purge is conducted if 3 years from the date the person meets one of the criteria in s. Trans 100.18 (1) (a) or (e), or 5 years from the date of the suspension or revocation, whichever is longer, have elapsed.

(5) After a damage judgment debt is discharged in a bankruptcy proceeding, the damage judgment suspension or revocation case entry may be removed from the debtor’s driver record at the time a purge is conducted if 3 years from the date the debtor is discharged from liability for the accident in a bankruptcy proceeding, or 5 years from the date of the suspension or revocation, whichever is longer, have elapsed.

Note: The Department conducts system wide “purges” of its driver database once or twice per year, usually over weekends around the 1st of the year and the 1st of July. A record entry is removed if it meets purge criteria on the date a purge is conducted. Entries are not removed on anniversary dates, but rather, in the first purge conducted after the appropriate anniversary date.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; r. (3), (1) and (2) renum. from Trans 100.18 (1) and (2), Register, April, 1994, eff. 5-1-94; CR 01-156: renum. (1) to be (2), (2) to be (3), and am., cr. (1), (4) and (5) Register October 2005 No. 598, eff. 11-1-05.

Wis. Admin. Code § Trans 100.25 Mandatory insurance {#sec-trans-100.25 omnilex-key=us-wi-regs-official--agency-trans--Trans 100.25}

(1) Exceptions. The purpose of this section is to implement and administer the provisions of subch. VI of ch. 344, Stats., relating to mandatory insurance requirements and exceptions to the requirement of having automobile insurance in Wisconsin.

(2) Deposits in lieu of mandatory insurance. A person making a deposit with the department under s. 344.63, Stats., shall file a complete application with the department containing all required information. In addition, the person shall provide the additional materials or information and deposit in the form required in subs. (3) to (5).

(3) Cash deposits.

(a) For purposes of s. 344.63 (1) (d), Stats., any of the following shall be considered a deposit of cash with the department:

United States currency.
A cashier’s check or draft.
A money order.
A financial institution check or draft.
A certified personal or business check or draft.
An attorney trust account check or draft.

(b) Any person attempting to file cash in lieu of maintaining automobile liability insurance with the department pursuant to s. 344.63 (1) (d), Stats., shall file, with the deposit, a certification from the clerk of courts in the county where the depositor resides dated no later than 15 calendar days prior to the date the deposit is received by the department, that indicates the clerk has searched the official records of the county and that no records of unsatisfied judgments of any character against the depositor exist in that county.

Note: See ss. 344.63 (1) (d) and 344.37 (1), Stats.

(4) Bond.

(a) Surety bonds. Any person attempting to file a surety company bond in lieu of maintaining automobile liability insurance with the department pursuant to s. 344.63 (1) (a), Stats., shall file a bond of a surety company duly authorized to transact business within this state that is conditioned for the payment of the amounts specified in s. 344.01 (2) (d), Stats. The bond may not be cancelable except after 10 days written notice to the secretary. The bond shall be in the form specified by the department.

(b) Judicial bonds. Any person attempting to file a judicially authorized bond in lieu of maintaining automobile liability insurance with the department pursuant to s. 344.63 (1) (a), Stats., shall file a bond with at least 2 individual sureties each owning real estate within this state and together having equities equal in value to at least twice the amount of the bond, which real estate shall be scheduled in the bond approved by a judge of a Wisconsin circuit or appellate court. The bond must be conditioned for the payment of the amounts specified in s. 344.01 (2) (d), Stats., and may not be cancelable except after 10 days written notice to the secretary.

Note: Sections 344.63 (1) (a) and 344.36 (1), Stats.

(5) Securities.

(a) Securities filed with the department pursuant to s. 344.63 (1) (d), Stats., shall be of a type sold on the New York Stock Exchange, NASDAQ or NYSE Amex Equities exchange. The stock must have a minimum capitalization of $1,000,000,000. The stock must be liquid to the extent that over the 3-month period preceding filing with the department an average of at least 100,000 shares of the stock must have been traded on a daily basis on the exchange.

(b) Any person attempting to file securities with the department pursuant to s. 344.63 (1) (d), Stats., shall file all of the following:

A certification from the clerk of courts in the county where the depositor resides dated no later than 15 calendar days prior to the date the deposit is received by the department, that indicates the clerk has searched the official records of the county and that no records of unsatisfied judgments of any character against the depositor exist in that county.
An opinion of counsel, for the benefit of the department and persons intended to be protected by the filing described in s. 344.37 (2), Stats., that the securities to be filed by the depositor are securities that may legally be purchased by savings banks or for trust funds in this state and that the securities meet the requirements of par. (a). The opinion shall identify the state or federal statute or regulation permitting the purchase of each deposited security.
An affidavit that the securities have a fair market value in excess of $60,000 and meet the requirements of par. (a).
A pledge of the securities to the department in the form required by the department pledging the securities for the payment of damages resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made, including damages for care and for loss of services because of bodily injury to or death of any person and damages because of injury to or destruction of property and the consequent loss of use thereof. The pledge shall assign all rights to sell or redeem the securities or any coupons associated with the securities to the department in trust for the purposes set forth in this subdivision. The pledge shall exempt the department from any liability for selling or not selling the securities at any time, and shall specify that the depositor relinquishes all rights to sell the securities or to demand their sale by the department. The pledge shall remain effective until the earlier of the return of the deposit pursuant to s. 344.63 (3), Stats., or of the sale of the securities, whether made so that the proceeds of sale can be applied to the payment of judgments and assignments relating to motor vehicle accidents, following the procedure described in s. 344.20 (2), Stats., or made for any other reason.
The share certificates, bonds, including all bond coupons, if any, or other certificate.

Note: See s. 344.63 (1) (d) and 344.37 (1), Stats.

History

EmR1017: emerg. cr. eff. 6-1-10; CR 10-070: cr. Register November 2010 No. 659, eff. 12-1-10.

Chapter Trans 101 DEMERIT POINT SYSTEM AND GRADUATED DRIVER LICENSE RESTRICTION EXTENSIONS

Wis. Admin. Code § Trans 101.01 Purpose and definitions {#sec-trans-101.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 101.01}

(1) The purpose of this chapter is to administratively interpret those portions of chs. 343 to 349, Stats., relating to establishing a traffic violation demerit point system, and to administratively interpret provisions of the statutes related to the revocation and suspension of a person’s operating privilege.

(2) The words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter, except as provided in sub. (3).

(3) In this chapter:

(a) “Federal traffic law” means any federal law that is in strict conformity with a state traffic law.

Note: s. 343.32 (2) (a), Stats.

(b) “Point case” or “demerit point case” means a suspension of operating privileges imposed upon an individual under s. 343.32 (2), Stats., and this chapter, as the result of the accumulation of demerit points. A conviction shall be considered part of a point case if the demerit points assessed for the conviction are used as part of the total in determining whether to suspend a person’s operating privilege for accumulation of demerit points.

(c) “Released,” when used with reference to a point case, means that the department has vacated a demerit point suspension affecting a driver due to the appeal, vacation, reversal, or amendment of a conviction that results in the driver not being subject to a suspension for accumulation of demerit points.

(d) “State traffic law” means any law under ch. 194, chs. 340 to 348 and ch. 351, Stats., in which the movement or operation of a motor vehicle is an element of the offense.

(e) “Tribal traffic law” means a law enacted by a federally-recognized American Indian tribe or band in this state that strictly conforms to a provision in chs. 341 to 348, Stats.

Note: s. 343.32 (2) (a), Stats.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81; r. and recr. (2), Register, December, 1990, No. 420, eff. 1-1-91; CR 07-081: am., cr. (3) Register June 2008 No. 630, eff. 7-1-08.

Wis. Admin. Code § Trans 101.02 Point schedule {#sec-trans-101.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 101.02}

Pursuant to s. 343.32 (2), Stats., the department has established this demerit point system to identify habitually reckless or negligent operators or those who have repeatedly violated traffic laws. Upon receipt of a notice of conviction for an offense under the state traffic laws, a local ordinance, a tribal or federal traffic law, a violation of s. UWS 18.04, or a traffic regulation, the department shall assess demerit points against the driver record of the person convicted of the offense in the manner and to the extent required by this section and s. 343.32, Stats. The following scale lists violations according to the number of demerit points assessed, with higher point values being assessed for more severe offenses:

(1) Six demerit point violations. The department shall assess 6 demerit points for any of the following violations:

(a) Failure to perform duty after accident under s. 346.67 or 346.68, Stats.

(b) Fleeing or attempting to elude an officer, or knowingly resisting an officer by failing to stop a vehicle.

(e) Operating commercial vehicle with alcohol concentration of 0.04 or more but less than 0.1 and causing injury.

(f) Operating while intoxicated and causing injury.

(g) Operating while under influence of intoxicant or controlled substance, or with a prohibited alcohol concentration.

(h) Racing on public highway or engaging in a contest of speed or endurance.

(i) Reckless driving.

(j) Speeding 20 miles per hour or more in excess of lawful or posted speed.

(k) Failure to stop at a railroad crossing.

(2) Four demerit point violations. The department shall assess 4 demerit points for any of the following violations:

(a) Deviating from lane of traffic.

(b) Driving on wrong side of highway.

(d) Failure to have vehicle under control.

(e) Failure by operator to stop for school bus when red lights are flashing.

(f) Failure to yield right of way or failure to yield right of way to emergency vehicle.

(g) Imprudent speed.

(h) Inattentive driving.

(i) Speeding more than 10 miles per hour but less than 20 miles per hour in excess of lawful or posted speed.

(j) Unnecessary acceleration.

Note: Unnecessary acceleration is a valid traffic regulation. City of Janesville v. Garthwaite, 83 Wis. 2d 866 (1978).

(k) Under age 21, operating motor vehicle with any measured alcohol concentration.

(3) Three demerit point violations. The department shall assess 3 demerit points for any of the following violations:

(a) Violation of a restriction on a graduated driver license related to the time or route of travel or passengers permitted.

(d) Failure to give appropriate signal.

(e) Failure to obey any official traffic control device.

Note: This includes arterial signs, one-way signs or traffic signs or signals. See s. 340.01 (38), Stats.

(f) Following vehicle too closely.

(g) Illegal turn.

(h) Improper brakes.

(i) Improper or unlit or missing lamps or lights, including clearance lamps, spotlamps, headlamps, brake lamps, tail lamps and signal lamps, but not including registration plate lamps or failure to use cycle headlamps during daylight hours.

(j) Operating with multiple licenses.

(k) Operating without having obtained an operator’s license, without a proper license endorsement, without proper license classification for the vehicle being operated, or with a license which has expired, and including the following:

Operating a commercial motor vehicle without having obtained a commercial driver license.
Operating a school bus without having obtained a school bus endorsement.
Operating a Type 1 motorcycle without a license authorizing the operation of class “M” vehicles.

(L) Passing illegally.

(m) Possession of intoxicating beverage while operating or being on duty time with respect to a commercial motor vehicle.

(n) Speeding 10 miles per hour or less in excess of lawful or posted speed.

(p) Violation of license restriction.

(q) Operating after license is revoked or suspended.

(r) Operating commercial motor vehicle while disqualified or out of service.

(4) Two demerit point violations. The department shall assess 2 demerit points for any of the following violations:

(a) Defective speedometer.

(b) Obstructed view or control, including illegally tinted windows.

(e) All other moving traffic convictions except as provided in sub. (5).

(5) Zero demerit point violations. The department may not assess demerit points for any of the following violations:

(a) Child safety restraint violation.

(b) Failure to fasten seat belt.

(d) Failure to transfer certificate of title.

(e) Failure to wear mandatory protective headgear while operating a Type 1 motorcycle.

(f) Falsified accident report.

(g) Falsified application for operator’s license, identification card or motor vehicle title or registration.

(gm) Immobilization device tampering.

(h) Improper license plates.

(i) Improper muffler.

(im) Interlock device tampering.

(j) Intoxicant in vehicle carrying underage person.

(k) License not in operator’s immediate possession.

(L) Littering on highway.

(m) No motorcycle headlamps during daylight hours.

(mn) Improper, unlit or missing registration plate lamps.

(n) Open intoxicant in vehicle.

(o) Operating a Type 1 motorcycle with handlebars that exceed the legal height limit.

(p) Operating a Type 1 motorcycle with rear passenger pegs that are at an illegal height.

(q) Operating a commercial motor vehicle or being on duty time with respect to a commercial motor vehicle while having any measured alcohol concentration above 0.0 but less than 0.04 or within 4 hours of having consumed or having been under the influence of an intoxicating beverage, regardless of its alcohol content.

(r) Operating a commercial motor vehicle with an alcohol concentration of 0.04 or more but less than 0.1 and not causing injury.

(s) Operating illegally with studded tires.

(sm) Parking on a highway.

(t) Permitting unauthorized person to operate.

(u) Refusal to submit to breath or chemical test for intoxication.

(w) Unnecessary blowing or sounding of horn.

(wm) Unnecessary noise or loud radio audible from a distance of 75 feet or more.

(x) Unregistered vehicle.

(y) Violation of size, weight or load restriction.

Note: Wis. Stat. s. 345.20 (2) (f) and (g) provides that demerit points may not be assessed for the firearms offenses set forth in Wis. Stat. s. 167.31 (2) (b), (c), or (d) or for littering in violation of Wis. Stat. s. 287.81.

(6) Similar offenses. The point schedule in this section covers violations of state traffic laws, local ordinances, tribal traffic laws, federal traffic laws, traffic regulations, s. UWS 18.04, and department administrative rules which are similar to the violations described in subs. (1) to (5), even if the language of the law, ordinance, regulation or rule may vary.

(7) Probationary licenses.

(a) Any person who holds an instruction permit or probationary license on the date of a conviction, or an unlicensed person who would be issued a probationary license or instruction permit if proper application were made and all other requirements for license were met, shall be assessed double the demerit point value shown for convictions set forth in subs. (1) to (4) if the record indicates that the person has been previously convicted of an offense for which demerit points were assessed under s. 343.32, Stats. This paragraph does not apply to a conviction for violation of any offense under ch. 347, Stats.

Note: Commercial driver licenses are never issued on a probationary basis. S. 343.085 (2) (b), Stats. Chapter 347, Stats., deals with vehicle equipment requirements. DMV is required to double demerit points for most offenses and is prohibited from increasing points assessed to a driver for a vehicle equipment violation by s. 343.32 (2) (bc), Stats.

(b) Any person whose operating privilege has been revoked or canceled while unlicensed or while licensed under a probationary license shall be issued a reinstated probationary license for the same period as an original probationary license.

(8) General rules for point cases. In determining whether a person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws and whether suspension of operating privileges pursuant to s. 343.32 (2), Stats., for the accumulation of demerit points is appropriate, the department shall conform to the following rules, which are set forth in their order of priority, and subject to the exceptions set forth in sub. (9), for purposes of initially determining whether to suspend a driver’s operating privilege:

(a) Violations used once. Demerit points may be used in only one point case, except as provided in pars. (c), (e) and (f), and sub. (9) (c).

(b) Revocations always imposed. Revocations shall be imposed by the department whenever ordered by a court or required by statute without regard to potential demerit point ramifications.

(c) Use of conviction resulting in withdrawal action in point case. Demerit points from an offense that resulted in suspension or revocation of a person’s operating privilege under s. 343.30 or 343.31, Stats., may not be used in a point case, except as provided in this paragraph or par. (e) or (f). Convictions that result only in disqualification under s. 343.315, Stats., or federal law may be used in a point case. Convictions that result in suspension of a person’s operating privilege due to failure to pay the underlying fine or forfeiture resulting from the conviction or that result in revocation of the person’s operating privilege as a habitual traffic offender under ch. 351, Stats., may be used in a point case.

(d) Amendment of point case based on new conviction. After the department has issued a demerit point suspension order, the department may amend the suspension order upon receipt of reports of conviction for additional offenses that qualify for use in a point case under pars. (a) to (c). The point case may be amended only if the suspension period did not expire prior to the date of conviction for the new offense. The amendment shall incorporate each violation that occurred within one year of all violations that formed the basis of the original suspension order and that remain part of the case. In the event 2 or more violations occurred within one year of all other point case violations, but not within one year of each other, only the violations occurring within one year of the latest violation that was used in the existing point case shall be used as the basis for the amendment.

(e) Court-ordered suspensions. If the department receives notice of conviction and a court-ordered suspension under s. 343.30, Stats., and the person is subject to a demerit point suspension, the department shall act as follows:

If the person is not subject to an existing point case and the person’s operating privilege would be suspended for a longer period under a point case that includes the conviction as one of the bases for the case, DMV shall suspend the person’s operating privilege for that longer period in accordance with s. Trans 101.04 (3) or (3m) and need not note the court-ordered suspension on a public abstract of the person’s driver record nor send notice to the driver of the court-ordered suspension.
If the person is not subject to an existing point case and the person would be subject to a suspension under s. Trans 101.04 (3) or (3m) that is equal to, or less than, the court order, then DMV shall suspend the driver’s operating privilege in accordance with the court order, notify the driver of the court-ordered suspension, and show the suspension on a public abstract of the driver record. Demerit points from that conviction may not be used in a point case in accordance with par. (c).
If the person is subject to an existing point case and the date of the new conviction is on or before the date of the latest conviction used in the existing point case, DMV shall make the same evaluations described in subds. 1. and 2. and determine whether the court-ordered suspension or the demerit point suspension would have been imposed had the conviction report been made to DOT prior to the suspension order for the existing point case, amend the existing point case in accordance with subd. 1. or notify the driver of the court-ordered suspension in accordance with subd. 2 as required. If the court-ordered suspension is imposed, no change will be made to the existing point case.
If the person is subject to an existing point case and the date of the new conviction is later than the date of the latest conviction used in the point case, DMV shall impose the court-ordered suspension and may not amend the point case to include the new conviction.

(f) Serious traffic offenses committed by occupational license holders. Serious traffic offenses, as enumerated in s. 343.31 (2u), Stats., committed by a person who holds an occupational license may be used in a points case regardless of any suspension of the person’s occupational license resulting from the conviction.

Note: A person whose occupational license is canceled will be shown in a suspended or revoked status as though no occupational license had been issued.

(9) Rules for point cases involving changed convictions.

(a) Scope. This subsection addresses the effect of a conviction change on a point case.

(b) Definition. For purposes of this subsection, a “conviction change” means a conviction that was reported to the department on a previous occasion is reopened, vacated, appealed or amended.

(c) Amended charges and errors. Upon receipt of a report that a conviction or revocation or suspension order noted on a driver record has been changed or was reported to the department in error, the department shall note the change or correct the error on the driver record and recalculate any point suspension using the points assessed against the driver record under subs. (1) to (6), except as provided in pars. (d) to (f). If, upon recalculation, the department determines that the release or amendment of the point case is appropriate, the department shall release or amend the point case. The department shall provide notice to the person of any amendment in the form of an amended demerit point suspension order.

(d) Convictions considered unused if point case is released. If a point case is released because of a conviction change or notice that a conviction or revocation or suspension order was reported in error before the suspension period for the point case is complete, all convictions that formed the basis for the released point case shall be considered not to have been used in a point case for purposes of sub. (8) (a). Otherwise, the convictions shall be considered to have been used in a point case.

(e) Released withdrawal due to amended charge. If a court reopens a conviction and amends the charge for which the person was convicted, and as a result of that amendment a suspension or revocation order issued under s. 343.30 or 343.31, Stats., is released, demerit points for that conviction may be used in a point case unless the suspension or revocation initially imposed under s. 343.30 or 343.31, Stats., has already been served in its entirety or at least 2 months of the suspension or revocation has been served.

(f) Released withdrawal without amended charge. If a court amends a suspension or revocation order, but does not vacate or amend the conviction itself, and the person’s operating privilege has been suspended or revoked for the entire period that was earlier ordered by the court or was suspended for 2 months or longer as a result of that earlier order, demerit points resulting from the conviction may not be used in a point case. Otherwise, the demerit points from the conviction may be used in a point case in the same manner as for a newly reported conviction and no credit for time served shall be granted for time served under the earlier court-ordered suspension or revocation when determining the length of the point suspension.

(g) Released demerit point case violations reused. In any case where a changed conviction or notice that a conviction was reported to the department in error results in the department releasing a point case and the affected driver accumulates sufficient demerit points to warrant suspension for accumulation of demerit points from a combination of offenses that were part of the released point case and other convictions, the department shall suspend the driver’s operating privilege for accumulation of demerit points. In such a case, the department shall reduce the length of time to be suspended on the second point case by the amount of time served on the released point case if one-half or more of the convictions used in the released point case are used in the second point case. If fewer than one-half of the convictions used in the released point case are used in the second point case, the length of suspension shall be determined according to s. Trans 101.04 (3) or (3m) without regard to the released point case.

Note: This “credit for time served” applies only between demerit point cases. Time served for other suspensions or revocations may not be credited to a demerit point case. The Department counts the number of convictions, not points attributable to them, in deciding whether to grant this credit.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. (20), Register, April, 1977, No. 256, eff. 5-1-77; emerg. r. and recr. (19) (intro.), (a) and (b), renum. (19) (c) to be (19m), cr. (19) (c) and (26), eff. 7-1-80; r. and recr. (19) (intro.), (a) and (b), renum. (19) (c) to be (19m), cr. (19) (c) and (26), Register, November, 1980, No. 299, eff. 12-1-80; renum. from MVD 11.03 and renum. (1) to (26) to be (1) to (27) and am., cr. (15) (a) to (d), Register, June, 1981, No. 306, eff. 7-1-81; cr. (11a) and (22) (o), Register, April, 1982, No. 316, eff. 5-1-82; emerg. cr. (15) (e) and (f), eff. 5-1-82; cr. (15) (e) and (f), Register, November, 1982, No. 323, eff. 12-1-82; am. (20) and (26), Register, March, 1990, No. 411, eff. 4-1-90, r, and recr. (intro.) to (22), renum. (23) to (26) to be (6) to (9) and am. (7) and (8) (a), r. (27), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to restore dropped copy in (2) (f), Register, June, 1991, No. 426; reprinted to correct printing errors, Register, October, 1991, No. 430; am. (3) (k), cr. (5) (gm), (im), (sm) and (wm), Register, March, 1994, No. 459, eff. 4-1-94; renum. (1) (c) to be (3) (q), renum. and am. (1) (d) to be (3) (r), Register, March, 1999, No. 519, eff. 4-1-99; am. (1) (g), (3) (e), (5) (intro.), (v) and (8) (a), r. and recr. (1) (k) and (3) (a), r. (3) (b) and (o), Register, August, 2000, No. 536, eff. 9-1-00; CR 07-081: am. (intro.), (1) (b), (3) (i), (4) (c), (5) (m), (6), cr. (5) (mn), (8), renum. (5) (v) to be (2) (k), r. (7), renum. (8) to be (7) and am. (title) and (a), r. and recr. (9) Register June 2008 No. 630, eff. 7-1-08; correction in (8) (a) made under s. 13.92 (4) (b) 7., Stats., Register June 2008 No. 630; CR 10-040: r. (4) (d), am. (5) (sm), (8) (a) and (c), cr. (8) (f) Register September 2010 No. 657, eff. 10-1-10.

Wis. Admin. Code § Trans 101.03 Warnings {#sec-trans-101.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 101.03}

The department may notify any operator of the points charged against the person’s driver record when the record shows the person has accumulated 6 or more points in a 12-month period.

Note: Under Graduated Driver Licensing, few drivers receive warning letters before being suspended for demerit points. This is because ch. 343, Stats., has reinstated point doubling. A probationary driver with any prior violation on his or her record who is convicted of a 6-point violation will be assessed 12 points for that offense and be immediately suspended. Similarly, a driver who accumulates two 4-point offenses will be summarily suspended without warning. The first 4-point ticket will not trigger a warning under this rule. The second 4-point ticket will result in an 8-point assessment after doubling, resulting in a total of 12 demerit points and a suspension.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from MVD 11.04 and am., Register, June, 1981, No. 306, eff. 7-1-81; CR 07-081: am. Register June 2008 No. 630, eff. 7-1-08.

Wis. Admin. Code § Trans 101.04 Suspension of license for accumulation of demerit points {#sec-trans-101.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 101.04}

(1) The department shall suspend the operating privilege of any person whose driver record shows the accumulation of 12 points for violations committed within any 12-month period.

Note: The date offenses were committed is used by the Department to determine point cases. Violation dates are inviolate and may not be changed by a court to subvert the intent of these rules or other statutory requirements. State v. DeBruin, 140 Wis. 2d 631 (Ct. App. 1987); State v. Walczak, 157 Wis. 2d 661 (1990).

(3) Except as provided in sub. (3m) with respect to probationary driver licenses, the following demerit point accumulations, calculated from the date of violation, shall result in the following suspension periods:

(3m) Notwithstanding subs. (1) and (3), the following demerit point accumulations, calculated from the date of violation, shall result in the following suspension periods, if the driver holds an instruction permit or a probationary driver license, or would be issued an instruction permit or probationary driver license upon proper application and meeting other requirements:

Note: See s. 343.32 (2) (a) and (c), Stats.

(4) A suspension order issued by the department under this chapter takes effect on the date of the suspension order.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; emerg. cr. (4) to (6), eff. 11-18-80; cr. (4) to (7), Register, March, 1981, No. 303, eff. 4-1-81; emerg. am. (2) and (3), eff. 5-7-81; renum. from MVD 11.05 and am. (1) to (3), Register, June, 1981, No. 306, eff. 7-1-81; am. (2) to (4), Register, March, 1990, No. 411, eff. 4-1-90, am. (1) to (3), r. and recr. (5), renum. (7) to be (7) (a) and am., cr. (7) (b), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to correct printing errors, Register, October, 1991, No. 430; r. (1), renum. (2), (4) to (7) to be (1), (3) to (6) and am. (5), r. and recr. (3), cr. (4) (d), Register, March, 1994, No. 459, eff. 5-1-94; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519; am. (3) (intro.) and (5), cr. (3m), r. and recr. (4) and (6), Register, August, 2000, No. 536, eff. 9-1-00; correction in (5) made under s. 13.93 (2m) (b) 7., Stats.; reprinted to correct printing error in (6), Register January 2002 No. 553: CR 07-081: (am) (title), (1), (3) and (3m), r. (2), (5) and (6), r. and recr. (4) Register June 2008 No. 630, eff. 7-1-08.

Wis. Admin. Code § Trans 101.06 Revocation and suspension of operating privileges {#sec-trans-101.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 101.06}

(1) This section is intended to address operating privilege suspension and revocation matters not addressed elsewhere in statute or administrative rules.

(2) The department shall suspend for 2 months the operating privilege of any person convicted of violating s. 343.16 (7) (b), Stats.

Note: Section 343.16 (7) (b), Stats., involves persons taking DMV examinations on behalf of others.

(3) Revocations under s. 343.32 (1), Stats., and suspensions under s. 343.32 (1s), Stats., shall be effective for 6 months.

Note: Section 343.32 (1), Stats., revocations result from convictions in another jurisdiction which, if committed in Wisconsin, would have resulted in revocation of the person’s operating privilege. Section 343.32 (1s), Stats., violations involve altering, unlawful, or fraudulent use of a license or loaning a license.

(4) Except for revocations imposed under ch. 351, Stats., a revocation or suspension imposed by the department as the result of a conviction in another jurisdiction shall be imposed and be effective on the date of conviction in that other jurisdiction.

History

CR 07-081: cr. Register June 2008 No. 630, eff. 7-1-08; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2015 No. 714.

Wis. Admin. Code § Trans 101.07 Reduction of point value for attendance at driver improvement counseling, traffic safety school or defensive driving courses {#sec-trans-101.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 101.07}

(1) Three demerit point reduction for completion of qualified class. In accordance with the authority in s. 343.32 (5), Stats., and the requirements of this section, the points assessed to a person’s driver record shall be reduced by 3 points or by the number of points accumulated up to 3, upon application for a demerit point reduction and satisfactory completion of any of the following:

(a) A department-approved course of instruction at a traffic safety school.

(b) A department-approved course of instruction in defensive driving or similar course.

(d) A motorcycle rider course offered under s. Trans 129.03 provided that the person has not had a prior point reduction resulting from attending a motorcycle rider course.

Note: See ch. Trans 106 concerning authorization, approval and administration of traffic safety schools and defensive driving courses.

(2) Certification of course completion. The instructor or counselor who conducts a course or counseling program under sub. (1) (a) to (d) shall file a certification of course completion with the department. A separate certification shall be provided to the department for each individual in the course. The certification shall be on the form prescribed by the department and must be made within 30 days of satisfactory completion of the course in order to qualify for point reduction. A copy of the completed certification form shall be furnished to the student, another copy sent to the court or assessment agency, if either assigned the student to the school, and one copy shall be retained by the school. The department may approve the use of a reproduction of this form, at the request of a school, including computerized versions. The certification shall be considered proof of course completion and may include an indication of whether the student is requesting a demerit point reduction under this section.

(3) One reduction maximum in any 3-year period. Each person may seek only one point reduction under this section in a 3-year period. A point reduction shall be considered to have been sought under this subsection once the department has posted the course completion to the person’s driver record, regardless of whether the driver’s demerit point total is actually reduced. When appropriate, the department will apply the point reduction in a manner that permits the department to release a point suspension already in effect, prevents a suspension that would otherwise be imposed under this chapter from taking effect, or reduces points that may have accumulated on the person’s driver record prior to the date of course completion due to violations that occurred before the date of course completion.

Note: For example, if a driver who is suspended with 13 points completes a course, the driver’s point reduction shall be applied to reduce his point total to 10 points and the case will be released. (Potentially making the driver eligible for reinstatement if the driver is otherwise eligible for licensing). Similarly, a driver who has accumulated 10 points and attends traffic safety school would receive the 3-point reduction to seven points. If the driver then received a 4-point assessment for a violation, the driver’s point total will be 11 points and the driver will not be subject to suspension. If a driver has 2 or fewer demerit points on the driver’s record before attending driver school and accumulates an additional 12 demerit points after course completion, the Department will apply the demerit point reduction only to reduce the 2-point total the driver had before attending the school. [See subs. (1) (intro.) and (5)] Thus, upon using the reduction, this driver’s demerit point total would be 12 points and the driver would be subject to a demerit point suspension.

(5) Driver records with fewer than three assessed demerit points. In those instances where the person successfully completes an approved course and is otherwise entitled to point reduction and the person’s record has less than 3 points, the person’s record will be reduced by the number of points on the record. No credit will be applied toward future point assessments nor shall the opportunity be given to have the point total reduced again within a 3-year period.

(6) Notice regarding point reduction. The department may notify individuals of the opportunity for point reduction under this section.

(7) Credit applies as of the date of course completion. Any demerit point credit granted under this section shall be applied as of the date the instructor certifies the student successfully completed the course.

(8) Point case release resulting from point reduction. The department shall release a point case suspension of a driver who was suspended for demerit points if application of a point reduction under this section results in the total assessed demerit points on the person’s driver record being less than 12 demerit points.

(9) Reduction applies only to point assessments based on prior violations. Demerit point reductions under this section shall apply only to demerit points assessed as a result of convictions for violations that occurred on or before the date of course completion. Demerit point reductions under this section resulting from attending a motorcycle rider course shall apply only to demerit points from convictions for offenses which were committed by the driver while operating a class “M” vehicle on or before the date of the course completion. Demerit points for violations occurring after the date of course completion shall be added to any current demerit point value and may not be reduced by a credit granted under this section as a result of attending that course.

Note: A person who commits violations after course completion may be able to retake the course or take a different course for point reduction, provided the person does not seek more than one reduction in a 3-year period.

(10) Fees. A person seeking the point reduction under this section shall be responsible for any and all fees charged for any course the person attends.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from MVD 11.08 and am. (1) to (9), cr. (10), Register, June, 1981, No. 306, eff. 7-1-81; am. (1), (2) and (8), cr. (11), Register, March, 1990, No. 411, eff. 4-1-90; r. (6), renum. (7) to (11) to be (6) to (10) and am. (8), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to correct error in (8), Register, October, 1991, No. 430; cr. (1) (d), am. (2) and (9), r. (4), Register, March, 1994, No. 459, eff. 4-1-94; CR 07-081: am. (1) (intro.), (a) and (b), (2), (3), (5), (9) and (10), r. and recr. (6) to (8) Register June 2008 No. 630, eff. 7-1-08.

Wis. Admin. Code § Trans 101.10 Graduated driver license eligibility and restriction extensions {#sec-trans-101.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 101.10}

(1) The department may not issue a license to a person under s. 343.085 (1) (b), Stats., if the person has committed any offense for which demerit points are assessed under this chapter, or any offense under the law of another jurisdiction for which demerit points would be assessed if the offense were committed in this state, within the preceding 6 months, except:

(a) Any violation of ch. 347, Stats., resulting in the assignment of 2 or fewer demerit points under this chapter, or a similar violation under law of another jurisdiction, except child safety restraint, seat belt and defective speedometer violations.

(b) Illegal riding of a moped or motorcycle.

(2)

(a) Except as provided in par. (b), the department shall extend graduated driver license restrictions required under s. 343.085 (2m) (a), Stats., if the person has committed any offense for which demerit points are assessed under this chapter or any of the following offenses:

Operation of a motor vehicle by a person who has not attained the legal drinking age while having an alcohol concentration greater than 0.0 and less than 0.1.
Refusal of chemical testing under the implied consent law.
Operation of a commercial motor vehicle with an alcohol concentration greater than 0.04 and less than 0.10.
Operation of a commercial motor vehicle with an alcohol concentration above 0.0, within 4 hours of having consumed or having been under the influence of an intoxicating beverage, or while possessing an alcoholic beverage.
Failure to notify the owner of any property on or adjacent to a highway that is damaged in an accident.
Any offense committed in another jurisdiction for which demerit points would be assessed if the offense were committed in this state.
Child safety restraint, seat belt and defective speedometer violations.

(b) Notwithstanding par. (a), the department may not extend the graduated driver license restrictions required under s. 343.085 (2m) (a), Stats., solely for committing any of the following offenses:

Any violation of ch. 347, Stats., resulting in the assignment of 2 or fewer demerit points under this chapter, except child safety restraint, seat belt and defective speedometer violations, or a similar violation under the law of another jurisdiction.
Illegal riding of a moped or motorcycle.

Note: These offenses are specified in ss. 346.595 and 347.487, Stats.

Operating with multiple licenses.
Operating without having obtained an operator’s license, without a proper license endorsement, without proper license classification for the vehicle being operated, or with a license which has expired, and including the following:

a. Operating a commercial motor vehicle without having obtained a commercial driver license.

b. Operating a school bus without having obtained a school bus endorsement.

c. Operating a Type 1 motorcycle without a license authorizing the operation of class “M” vehicles.

Note: The Division of Motor Vehicles’ charge codes for these offenses are OWL — “Operating Without a License,” s. 343.05 (3), Stats., and CUL — “Commercial Unlawful License,” s. 343.05 (2), Stats.

Operating while suspended or revoked.
Operating while disqualified.
Unnecessary acceleration.

Note: Unnecessary acceleration is not a violation of ch. 110, 194, 341 to 349, or 351, Stats., but is an ordinance violation. Because s. 343.085 (2m) (b) 1. a., Stats., provides that GDL restrictions can only be extended for “moving violations” and ordinance violations for ordinances not conforming to chs. 110, 194, 341 to 349, or 351, Stats., are not “moving violations,” as that term is defined in s. 343.01 (2) (cg), Stats., GDL restrictions cannot be extended for unnecessary acceleration or squealing tire violations.

History

Cr. Register, August, 2000, No. 536, eff. 9-1-00; CR 07-081: cr. (2) (a) 7. Register June 2008 No. 630, eff. 7-1-08; CR 10-040: am. (1) (b) and (2) (b) 2., cr. (2) (b) 7. Register September 2010 No. 657, eff. 10-1-10.

Chapter Trans 102 OPERATOR’S LICENSES AND IDENTIFICATION CARDS

Wis. Admin. Code § Trans 102.01 Purpose and scope {#sec-trans-102.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.01}

(1) As authorized by ss. 85.16 (1), 110.06, 227.11, 343.05, 343.06, 343.14, 343.15, 343.17 and 343.20, Stats., the purpose of this chapter is to administratively interpret ss. 341.08 (2) (a) and (am), 342.06 (1) (a), 343.02, 343.03, 343.05, 343.06, 343.07, 343.08, 343.10, 343.11, 343.12, 343.135, 343.14, 343.16, 343.17, 343.18, 343.19, 343.20, 343.21, 343.22, 343.25, 343.265 and 343.50, Stats., relating to issuance of operator’s licenses, identification cards, and vehicle title and registration.

(2) This chapter pertains to any person applying for a Wisconsin original, reissue, reinstatement, renewal, or duplicate operator’s license or identification card, and vehicle title or registration.

Note: Forms used in administering this rule are MV3004 identification card application, MV3001 license application, MV3006 renewal license notice, and MV3007 identification card renewal notice, MV3415 religious conviction exemption request, MV3002 certification of name and date of birth, MV3125 additional information for operator license application, MV3452 foreign language document translation certification, MV3432 receipt and MV3501 temporary operator’s license, MV3682 Wisconsin DMV digitized driver license and identification signature card, MV 3686 driver license extension card/sticker, MV 3685 Wisconsin driver license extension application, MV 3687 driver license extension application return envelope, and MV 3278 driver license renewal window envelope.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. Register, January, 1984, No. 337, eff. 2-1-84; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; am. Register, December, 1990, No. 420, eff. 1-1-91; am. (1), Register, November, 1994, No. 467, eff. 12-1-94; CR 02-131: am. Register April 2003 No. 568, eff. 5-1-03.

Wis. Admin. Code § Trans 102.02 Definitions {#sec-trans-102.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.02}

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:

(1) “Administrator” means the administrator of the division of motor vehicles of the department.

(2) “AKA record” means an entry on a driver file which shows that the person currently uses or previously used an alias or a fictitious name. A person with a former name entry, resulting from a lawful change of name, does not have an AKA record.

(3) “Backup system” is the system used by the department to produce an acceptable operator’s license or identification card when the computerized processing system is inoperative.

(4g) “Driver file” means a person’s driving record as kept by the department containing the driver record and maintained in accordance with s. 343.23, Stats., or the substantially identical record maintained for each person holding an identification card. An “existing driver file” is a driver file that has not been purged.

(4m) “DMV customer service center” means those locations within the state authorized by the department to provide driver licensing services, vehicle registration services, or both.

(4p) “Duplicate” means a product issued by the department to replace a previously issued product and that expires on the same date as the previously issued product. If the product is an operator’s license, it shall not be considered a duplicate if any vehicle class or endorsement on the issued operator’s license differs from those appearing on the previously issued operator’s license.

Note: See ss. Trans 102.03 (3) (b) and (7) (c), and s. 343.265 (2), Stats.

(4s) “Extension card” means a document issued by the department that extends an operator’s license beyond the expiration date stated on the license.

(5) “Issuance period” means the period of time for which an operator’s license or identification card is issued.

(5m) “Juvenile restricted license” means a license issued pursuant to s. 343.08, Stats.

(6) “Material change” means any change to a person’s information, other than a change of address to a person’s principal residence, that can be used to distinguish a person’s identity, alone, or when combined with other identifying information, including:

(a) Name.

(b) Operator’s license or identification card number.

(d) Biometric record.

(6r) “Name” as used in ss. 341.08 (2) (a) and (am) and 342.06 (1) (a), Stats., or “full name” as used in s. 343.14 (2) (a), Stats., means any of the following:

(a) In the case of an individual, the entire first name, middle name, and last name as they appear on identity documents provided by a product applicant. “Name” includes generational suffixes, but does not include other name suffixes, nicknames, titles of respect, or additional information of any type.

(b) In the case of any entity other than an individual, the entire name of the entity.

(7) “Original” when used to describe a license or identification card means the first Wisconsin license or identification card of that type issued to a person. The term also includes:

(a) A product issued to a person who previously held a license or identification card but who does not have an existing driver file; or

(b) A product issued to a person whose license or identification card has been canceled or revoked.

(7m) “Photograph” or “photo” means an image created by use of a photographic or digital camera process.

(7p) “Product” means an identification card or receipt; or an operator’s license, including a driving receipt, instruction permit, occupational license, a license extended by an extension card, or other authorization to operate a motor vehicle, issued by the department. “Product” does not include an extension card.

(7r) “REAL ID compliant product” means a product that meets the requirements of the federal REAL ID Act of 2005, as amended, and that is issued in compliance with all federal regulations and requirements.

(7v) “REAL ID noncompliant product” means a product that is not a REAL ID compliant product.

Note: See s. 343.03 (3r), Stats.

(8) “Reinstate” means one of the following:

(a) The process of issuing an operator’s license to a person following a withdrawal of the person’s operating privilege or operator’s license by cancellation, suspension, revocation, or disqualification.

(b) The process of issuing an identification card to a person who previously had an identification card canceled.

(9) “Reissue” means the process of issuing a license or identification card because of any of the following:

(a) A change in license restrictions.

(b) Department errors or defects in the license such as an unrecognizable photograph.

Note: Refer to s. 343.21 (1) (h), Stats., regarding fees for changes in commercial driver license restrictions.

(10g) “Resident” means an adult whose one home and customary and principal residence in the United States, to which the person has the intention of returning whenever they are absent, is in this state. “Resident” includes a child under 18 years of age if the child meets the requirements for resident status set forth in s. 343.01 (2) (g), Stats.

(10r) “Social security number” means the complete social security number assigned to a person by the U.S. social security administration. “Social security number” does not include a partial social security number.

(11) “Verify” means department procedure to ensure that a document submitted in support of an application for a product is genuine and has not been altered in order to determine that any identity data contained in the document is valid and relates to the product applicant. “Verify” includes checking the validity of data contained in documents presented in support of an application for a product.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. Register, January, 1984, No. 337, eff. 2-1-84; am. intro. and (3), r. (7) to (10), renum. (1) and (2) to be (2) and (10) and am., cr. (1), (4g), (4p), (5m), (6m), (6n), (7) to (9), Register, December, 1990, No. 420, eff. 1-1-91; r. (6), renum. (6m) to be (6), am. (9) (intro.), (a) and (b), Register, December, 1999, No. 528, eff. 1-1-00; CR 02-131: cr. (6r) Register April 2003 No. 568, eff. 5-1-03; CR 04-100: cr. (7m) Register June 2005 No. 594, eff. 7-1-05; CR 23-042: r. (4), am. (4p), cr. (4s), r. and recr. (6), renum. (6n) to (4m) and am., am. (6r) (a), (7) (a), (b), (7m), cr. (7p), (7r), (7v), renum. (8) to (8) (intro.) and am., r. (10), cr. (10g), (10r), (11) Register April 2025 No. 832, eff. 5-1-25.

Wis. Admin. Code § Trans 102.025 Document condition, authenticity, and verification {#sec-trans-102.025 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.025}

(1) General document conditions. All documents offered by persons applying for licenses or identification cards issued by the department shall be original documents, unless otherwise expressly allowed. Certified copies of government documents shall bear an original certification and the seal of the appropriate agency, or otherwise exhibit evidence to the satisfaction of the department that the document is an authentic, accurate and unaltered copy of the original government document. Mutilated, altered or uncertified photocopies of documents are not acceptable.

(1e) Valid and unexpired documents. All documents required to be produced under this chapter must be valid and unexpired, unless exempted by another provision in this chapter.

(1m) REAL ID compliant attestation required. The application for a REAL ID compliant product shall contain the following attestation by the product applicant: “I declare under penalty of perjury that information on this application is true and correct and that I am a resident of Wisconsin.” An application may not be accepted by the department which lacks the affirmation, the signature of the applicant, or the date the applicant signed the application.

Note: Product applications, Form MV3001, 3001s, 3004 and 3004s, contain this affirmation.

(1s) Verification.

(a) The department shall verify the applicant’s social security number and the minimum number of documents needed for issuance of any product under s. Trans 102.15.

(b) The department shall verify the social security number and documents presented in support of a REAL ID compliant product application in a manner required by 6 CFR 37.13.

(c) The department may refuse to issue a product to an applicant if a social security number or any document presented in support of an application for a product cannot be verified.

(2) Suspect document. The department may decline to accept any document presented as part of an application for an operator’s license, identification card, vehicle title, or vehicle registration if it has any reason to doubt the authenticity of the document, the identity of the person named in the document, the identity of the applicant, that the residency information provided by the applicant is inaccurate, or for any of the reasons specified in sub. (3). In such case, the department may retain the document and investigate its authenticity, provide the document to local, state, or federal authorities, require additional documentation from the applicant to establish the fact that the document was offered to prove, or any combination of these actions. Documents determined to be genuine and to identify the applicant who presented them shall be returned to the applicant, except as provided in sub. (3). A document may be retained for investigation and be considered unacceptable if any of the following apply:

(a) The document includes a photograph and the applicant presenting the document is not readily recognizable from the photograph.

(b) The document includes a photograph that matches or resembles a photograph in the department’s records, or another database or system the department uses for identity verification, that is assigned to another person.

(3) Confiscation of document.

(a) Employees or agents of the department may take possession and investigate the authenticity of any document submitted as proof of the applicant’s name and date of birth, identity, residency, or any other fact sought to be proven to the department and may provide those documents to local, state, or federal authorities in any of the following circumstances:

The document is or appears to be counterfeit.
The applicant presents documents related to another individual under the guise that the applicant is the other individual.
The document appears not to be or is not a genuine document.
The document appears to have been altered.
Law enforcement has requested the department confiscate documents presented by a specific person.
Signatures, photographs, or other identifiers on the document appear to not match one or more other signatures, photographs, or other identifiers of the applicant known to the department.

(b) In the event the department confiscates a document and determines that it is genuine and relates to the person who presented it, the department shall return the document to the person, unless the department has provided it to other local, state or federal authorities.

Note: Section 343.14 (5), Stats., makes it a crime to present false information in connection with an application for a driver license or ID card.

History

CR 04-100: cr., renum. (1) from Trans 102.15 (7) and am. Register June 2005 No. 594, eff. 7-1-05; CR 23-042: am. (title), cr. (1e), (1m), (1s), renum. (2) to (2) (intro.) and am., cr. (2) (a) to (c), am. (3) (a) (intro.), cr. (3) (a) 6. Register April 2025 No. 832, eff. 5-1-25.

Wis. Admin. Code § Trans 102.03 Photograph requirements {#sec-trans-102.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.03}

(1) Except as provided in this section, the department may not issue an operator’s license or identification card unless the applicant appears in person at a DMV customer service center and is photographed. An applicant whose seriously held religious convictions do not allow the applicant to be photographed may qualify for an exemption to this subsection by completing, signing, and dating a statement on a form provided by the department, certifying that the applicant objects to being photographed due to a sincerely held religious conviction.

(2)

(a) Full facial image required. All photographs for products issued under this chapter shall include a full facial image of the applicant. The photograph shall show the entire face from the crown of the head to the base of the chin and from ear to ear. Photographs not meeting the requirements of this section may not be used on a product. The department may cancel a product if the department has reason to believe the product was erroneously issued with a photograph taken that does not meet the requirements of this paragraph. The department shall assess the fee for obtaining a duplicate license for any applicant whose photograph must be retaken because of an intentional violation of the requirements of this subsection.

(b) Head coverings.

Head coverings may not be worn in a photograph except as provided in subds. 2. and 3. If a head covering is worn by the applicant pursuant to subd. 2. or 3., the covering shall be pushed from the forehead and sides until a full facial image is shown as required by par. (a).
An applicant who has sincerely held religious convictions that require the applicant to wear a head covering for any photograph may wear the head covering in a photograph for products issued under this chapter.
An applicant suffering from a medical condition or treatment that results in hair loss may be permitted to wear a scarf or hat in a photograph for products issued under this chapter.

(c) Hair. Hair, whether natural or artificial, shall be pushed back from the face for the photograph until a full facial image is shown as required by par. (a).

(d) Obstructions. Nothing shall obscure the applicant’s face, head, iris, or pupils.

(e) Shadows. Nothing shall be permitted which results in a shadow upon the face in a photograph. Lighting shall be evenly distributed on the face.

(f) Eyes.

The iris and pupil of the eye shall be clearly visible. The applicant may choose whether the photograph be taken with or without vision correcting glasses. Sunglasses may not be worn except as provided in subd. 2. Light sensitive glasses that do not adjust sufficiently to clearly show the applicant’s eyes and eye color shall be removed.
An applicant suffering from a medical condition, physical disability, or disfigurement affecting the applicant’s eyes, and who usually wear eyeglasses to obscure their eyes for cosmetic reasons, may be permitted to obscure their eyes with sunglasses or an eye patch.

(g) Clothing. Except as permitted in par. (f) 1., any clothing or device obscuring any part of an applicant’s face shall be removed.

(h) Appliances. Any appliance or prosthesis normally used by an applicant with a permanent facial or dental disfigurement may be worn for the photograph and shall be included in the full facial image.

(i) Expression. The applicant shall look into the camera with both eyes open and a relaxed facial expression.

(3) Except as provided in this subsection, product photographs must have been taken within 8 years of the date of product issuance.

(a) Duplicate and renewal products. A person who obtains a duplicate or renewal product online is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that is not more than 16 years old, and the department’s computer system will accommodate processing the application online.

(b) Online product issuance. A person who obtains an identification card online is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that will not be more than 16 years old when the product is expected to expire.

(c) Persons in military service. A person in military service or foreign service stationed outside this state who applies to renew a driver license is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that is not more than 16 years old.

Note: See s. 343.20 (3), Stats., 6 CFR 37.25 (a).

(d) Non-expiring ID cards. A person who applies for a replacement identification card without appearing at a DMV service center to be photographed, who claims an identification card that was issued to the person pursuant to s. 343.50 (5) (d), Stats., that does not expire is lost, stolen, or damaged is exempt from using a photograph taken within of the date of product issuance. A replacement identification card issued by the department pursuant to this paragraph shall include the latest photograph of the person in the department’s records.

(4) The department may issue a REAL ID noncompliant product to a prisoner held in a correctional facility in this state using a photograph taken by the Wisconsin department of corrections that meets the standards in sub. (1) and is taken in compliance with an agreement between the department and the Wisconsin department of corrections.

(5) A person whose sincerely held religious beliefs do not permit the person to be viewed by members of the opposite sex may request that their photograph be taken outside the presence of persons of the opposite sex. The department may require the person appear at a time before or after normal DMV service center business hours. Arrangements shall be made at least 7 days prior to the date the photograph is to be taken. The department may require the person to travel to a DMV service center where the department has staff and facilities at which the request may be fulfilled.

(6) Subsection (2) shall be interpreted and applied in a manner consistent with federal requirements for the issuance of federal REAL ID compliant documents even if an applicant applies for a REAL ID noncompliant product. The department adopts standards set forth in 6 CFR. 37.17 (e) and ISO/IEC 19794- 5:2005(E) Information Technology – Biometric Data Interchange Formats – Part 5: Face Image Data for use in driver license processing.

Note: As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on May 29, 2025. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. Copies may be obtained from http://webstore.ansi.org/, or by contacting ANSI, 25 West 43rd Street, 4th Floor, New York, New York 10036. They are also available online at the International Organization for Standardization and International Electrotechnical Commission at www.iso.org and https://webstore.iec.ch/preview/info_isoiec19794-5%7Bed1.0%7Den.pdf, respectively.

(7)

(a) As determined by the department, a product photograph shall be retaken if the photograph of the applicant is indistinguishable, unclear, or incomplete, shows a temporary disfigurement that no longer exists, or does not meet the requirements of this section, or if the department’s copy of the photograph of the applicant becomes lost or damaged.

(b) An applicant whose photograph meets the retake specifications described under par. (a) shall be required to have the product photograph retaken by the department before a product will be issued.

(c) Any person not satisfied with the photograph after receipt of a product may request to have the photograph retaken. If the photograph is indistinguishable, unclear, or incomplete to the extent that the department demands another photograph of the person be taken under par. (a) or (b), the department shall issue a replacement card upon proper application without charge. If the photograph meets the department’s standard for inclusion on a product, the person shall apply for a duplicate product, and pay any fee required under s. 343.21 (1) (L) and (n) or 343.50 (6) and (7), Stats.

(d) An applicant shall be notified by the department when a photograph needs to be retaken. Failure to comply within 30 days of notification shall result in the cancellation of the operator’s license.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. (1) (b), Register, January, 1984, No. 337, eff. 2-1-84; renum. (1) and (2) to be (2) and (3) and am., cr. (1), (2) (c), (4) to (6), Register, December, 1990, No. 420, eff. 1-1-91; am. (2) and (3), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-100: cr. (2m), Register June 2005 No. 594, eff. 7-1-05; CR 23-042: r. and recr. (1) to (6), r. (7) (title), renum. (7) (a) to (d) from Trans 102.09 (1) to (3), (5) and am. Register April 2025 No. 832, eff. 5-1-25; correction in (1), (2) (a), (b) 1., (g), (7) (a), (c) made under s. 35.17, Stats., Register April 2025 No. 832.

Wis. Admin. Code § Trans 102.04 Product design {#sec-trans-102.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.04}

(1) A product shall include all the information specified in ss. 343.17 (3) and 343.50 (3), Stats. Additionally, a product shall do all of the following:

(a) Consist of one part with 2 sides, except as otherwise prescribed in s. 343.17 (4m), Stats.

(b) Include any legend required by s. 343.03 (3) or (3m), Stats., or s. 343.50 (3) (a), Stats., and the following descriptive legends, if applicable:

Duplicate products shall be marked “duplicate” or an abbreviation thereof.
Juvenile restricted licenses shall be marked “juvenile restricted” or an abbreviation thereof.

(2) Receipts and extension cards that the department issues are not subject to sub. (1).

(3) Any REAL ID noncompliant identification card or Class D or M license issued by the department based upon extraordinary proof of name, date of birth, or U.S. citizenship under s. 343.165 (8) (a), Stats., shall, in addition to any other legend or label, be marked in a manner consistent with requirements under applicable federal law and regulations to indicate that the product is not intended to be accepted by any federal agency for federal identification or any other official purpose.

(4) A REAL ID compliant product shall include at least three levels of integrated security features that provide resistance to a person’s attempt to do any of the following:

(a) Counterfeit, alter, simulate, or reproduce a genuine document.

(b) Alter, delete, modify, mask, or tamper with data concerning the original or lawful card holder.

(d) Create a fraudulent document using components from legitimate operator’s licenses or identification cards.

(5) Products shall include, on the side opposite the photograph for any REAL ID compliant product, or anywhere on any other type of product, machine readable technology meeting or exceeding the minimum requirements of 6 CFR 37.19.

(6) Products shall identify Wisconsin as the state of issuance.

(7) A REAL ID compliant product shall include a U.S. department of homeland security approved security marking to reflect the product’s level of compliance in accordance with 6 CFR 37.17 (n).

(8) REAL ID compliant products shall be printed in the format required by 6 CFR 37.17 (m).

(9) The department may issue apparent products to state or federal law enforcement agencies to assist in crime investigations. Apparent products issued pursuant to this subsection are not subject to the requirements of this chapter.

(10) Products issued to federal judges may list their courthouse address on the product in lieu of their personal address if requested by the judge.

(11) Products issued to a person protected from disclosure of information under the safe at home program under s. 165.68, Stats., may list the Wisconsin department of justice safe at home post office address in lieu of the person’s physical address.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; CR 14-061: renum. 102.04 (intro.) to 102.04 (1), cr. (2) Register May 2015 No. 713, eff. 6-1-15; correction in (2) made under s. 35.17, Stats., Register April 2017 No. 736; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 23-042: r. and recr. Register April 2025 No. 832, eff. 5-1-25.

Wis. Admin. Code § Trans 102.07 National driver registry and commercial driver license information system {#sec-trans-102.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.07}

(1) The department shall make inquiries of the commercial driver license information system and the national driver registry to determine licensing eligibility before issuing a license.

(2) The department may not issue a product until the department receives driver record information from the commercial driver license information system, the national driver registry, and the state pointer exchange system.

Note: See s. 343.03 (5), Stats.

(3) Except as provided in pars. (a) to (d), the department may not issue a commercial driver license to an applicant whose operating privilege is suspended, cancelled, revoked, or disqualified under the law of another jurisdiction or the U.S.

(a) If the applicant’s operating privilege is disqualified in another jurisdiction, the department may only issue the applicant a commercial driver license if the disqualification period has expired and the applicant qualifies for issuance of a commercial driver license in the other jurisdiction.

(b) If the applicant’s commercial operating privilege is disqualified by the U.S., and not by any other jurisdiction, the department may only issue the applicant a commercial driver license if the disqualification has expired and the applicant qualifies for issuance of a commercial driver license in this state.

(c) If the applicant’s operating privilege is suspended or revoked in another jurisdiction, the department may only issue the applicant a commercial driver license if the applicant reinstates their operating privilege in the other jurisdiction.

(d) If the applicant’s operating privilege is cancelled in another jurisdiction, the department may only issue the applicant a commercial driver license if the applicant qualifies for issuance of a commercial driver license in the other jurisdiction.

Note: See s. 343.06 (2), Stats., 49 CFR 383.52 (d), 49 CFR 384.210, and 49 CFR 384.214, and 49 USC 31311 (a) (10) (A).

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (2), Register, November, 1994, No. 467, eff. 12-1-94; am. (2), Register, December, 1999, No. 528, eff. 1-1-00; CR 23-042: am. (title), r. (intro.), r. and recr. (2), (3) Register April 2025 No. 832, eff. 5-1-25.

Wis. Admin. Code § Trans 102.11 Fees {#sec-trans-102.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.11}

To maintain the existing license renewal cycle when upgrading a valid license, the department shall prorate the statutory fees under s. 343.21 (1) (a), (b) and (d), Stats., required to be paid to the department to upgrade a license.

(1) Upgraded class. If a license is upgraded by adding class A, B, C, D or M privileges to an existing operator’s license, the following apply to determine the applicable fee under s. 343.21 (1) (a), (b) or (d), Stats.:

(a) When 365 days or more remain on the existing license, the license holder shall pay the prorated fee for the upgraded license determined by the department as follows:

Multiply the number of days remaining on the existing license from the date of application by the statutory fee and divide by 2920. The number of days include the day of expiration, but not the day of application.
Round the resulting quotient to the nearest whole dollar amount. The license upgraded for this fee shall expire on the expiration date of the existing license or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.

(b) When more than 90 but less than 365 days remain on the existing license, the license holder may do either of the following:

Pay the prorated fee as determined under par. (a). The license upgraded for this fee shall expire on the expiration date of the existing license or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.
Pay the prorated fee as determined under par. (a) and the statutory fee. The license upgraded for this fee shall expire 8 years from the expiration date of the existing license or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.

(c) When 90 days or less remain on the existing license, the license holder shall pay the prorated fee as determined under par. (a) and the statutory fee. The license upgraded for this fee shall expire 8 years from the expiration date of the existing license or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.

(2) No fee identification. The department shall not charge a fee for issuing or reissuing an identification card for purposes of voting under s. 343.165 (8) (g) or 343.50 (5) (a) 3., Stats., or for an identification card issued under s. 343.50, Stats., if the requirements of s. 343.50 (5) (a) 2. are met.

(3) Replacement of defective products. The department shall reissue a product without fee if the product is inaccurate because of a department error or if the card on which it was produced is defective.

(4) Change in restrictions. The department shall not charge a fee for operator’s license issuance due to the addition or removal of a license restriction, except for removing a K or L restriction.

(5) Removal of endorsement. A person who is issued a new operator’s license to remove an endorsement shall pay the fees specified in s. 343.21 (1) (L) and (n), Stats.

(6) Duplicate licenses. A person who obtains a duplicate license shall pay the fees specified in s. 343.21(1) (L) and (n), Stats.

Note: See s. 343.21 for all operator’s license fees.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; cr. (intro.), r. and recr. (1) and (2), r. (3), Register, September, 1992, No. 441, eff. 10-1-92; am. (1) (a) 1., (b) 2., (c) and (2), Register, December, 1999, No. 528, eff. 1-1-00; CR 06-082: am. (1) (a) 2., (b) 1. and 2. and (c) Register December 2006 No. 612, eff. 4-1-07; CR 23-042: am. (title), (1) (title), r. and recr. (2), cr. (3) to (6) Register April 2025 No. 832, eff. 5-1-25; correction in (2), (6) made under s. 35.17, Stats., Register April 2025 No. 832.

Wis. Admin. Code § Trans 102.14 Issuance {#sec-trans-102.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.14}

(1) The department may not issue a product if any of the following apply:

(a) The computer system or equipment is not functioning in a manner that will allow the department to produce the product.

(b) Further verification of eligibility is necessary to comply with requirements for issuance of the product under ch. 343, Stats., or this chapter.

(c) There are administrative reasons for not issuing the product immediately, for purposes including, but not limited to, conducting a study or establishing a control group.

(d) The applicant does not provide a sample signature for reproduction on the product in the format first name, middle initial or name, last name; or in the format first name, last name. An applicant may not include in a signature any information other than the applicant’s name.

Note: See s. 990.01 (38), Stats., for applicants who are unable to write.

(e) The applicant possesses products issued in another jurisdiction and does not surrender the products.

(f) The applicant is issued a Class D or M 60-day extension card under sub. (7). This prohibition shall not apply once the reason for denying an operator’s license and issuing an extension under sub. (7) (a) is satisfied.

(g) The department is unable to verify any of the information required under ch. 343, Stats., or this chapter.

(h) The department determines the application contains inaccurate or false information.

(i) The department determines the applicant is ineligible for the product under ch. 343, Stats., or this chapter.

(2) The department may not issue an identification card without charge for voting purposes to any person who is not a U.S. citizen or who is not at least 17 years of age. The department may not determine whether a person is otherwise eligible to vote.

(3) The department may issue a temporary product if the person is eligible under s. Trans 102.15 (2) (d) or (8) or s. 343.50 (1) (c) 1., Stats. The temporary product shall be valid until the permanent product is delivered by mail or the person is determined to be ineligible for the product.

Note: See s. 343.20 (1m), Stats.

(4)

(a) Temporary residents.

A product issued to a person who is neither a citizen nor a permanent resident of the United States may not expire later than the last date the person is eligible to remain in the United States.
The department shall issue a product with an expiration date as determined by s. Trans 102.03 (3) to a person who is neither a citizen nor a permanent resident of the United States and whose last date of eligibility to remain in the United States is undetermined.
A product issued to a person whose proof of legal presence is specified in s. 343.14 (2) (es) 4. to 7., Stats., and whose term of stay in the United States is undefined shall expire one year after issuance or renewal.
Nationals from the Federated States of Micronesia, Palau, or the Marshall Islands may be issued a product valid for one year if the department verifies the person’s passport and arrival-departure record card as proof of identity. If a national from one of these countries presents an employment authorization document defining a specific period of employment eligibility in the United States, any product issued to them shall be for that defined period and shall not exceed the maximum duration of that product under state law.

(b) Renewal of temporary resident products. No product may be renewed to a person no longer eligible to remain in the United States.

(5)

(a) Temporary visitors. A product, other than a commercial driver license, issued to a person who establishes proof of residence under sub. (4) and whose legal status in the United States is not permanent, shall be labeled “limited term.”

(b) Non-domiciled persons. A commercial driver license issued to a person who establishes proof of residence under sub. (4), is not a citizen of Mexico or Canada, and whose proof of legal status in the United States does not prove a right to remain permanently in the United States shall be labeled “non-domiciled.”

Note: Citizens of Mexico and Canada must obtain commercial driver licenses from their home country under 49 CFR 383.23 (b) (1), footnote 1.

(c) Law enforcement. Products issued to law enforcement for confidential investigative purposes may contain fictitious information.

Note: Records related to such products shall not be open to public inspection under s. 19.35, Stats.

(d) Character set used for names. Names transcribed on a product shall be limited to the English alphabet, without diacritical marks. Apostrophes and hyphens may be used in a name. In the event other symbols are used as part of a name, the department may phoneticize the name or transcribe it in a manner that matches the applicant’s social security card or other identity documents.

(6)

(a) Proof of driver training. The department shall not issue a license to a person under 18 years of age unless one of the following is provided:

Proof that the person successfully completed a driver education or training course which meets the requirements of s. 343.06 (1) (c), Stats. The training school may provide the proof electronically.
Proof that the person successfully completed an approved driver education course in another jurisdiction.
Proof that the person is exempt from driver education requirements under s. 343.08 or 343.135, Stats.

(b) Proof of sponsorship. The department shall not issue an operator’s license to a person under 18 years of age unless satisfactory proof of adult sponsorship for that person, that meets the requirements of s. 343.15, Stats., and s. Trans 102.21, is filed with the department.

(7)

(a) Upon application for renewal of a driver license, the department may issue one extension of an operator’s license authorizing operation of “Class D” or “M” vehicles, or both, for a period not to exceed 60 days in any of the following scenarios:

The department requires an examination for renewal of a license.
The applicant requests issuance of a REAL ID compliant operator’s license but lacks all necessary documentary evidence and requests additional time to obtain that documentary evidence.
The department is unable to confirm an applicant’s claim of veteran status with the department of veteran affairs, and the applicant requests additional time to obtain verification from the department of veteran affairs or a county veterans service officer.

Note: See s. 343.14 (2) (j), Stats.

DMV service center staff is unable to issue a product at the time of the application because of computer system problems, problems at the facility, war, or acts of God.

(b) This subsection only permits extension of regular or probationary operator’s licenses and does not apply to commercial driver licenses, temporary licenses, driving receipts, or any temporary product.

(8)

(a) A person may renew a product online, except as provided in pars. (b) and (c). A new photograph is required at least once every 16 years, and a product may not be renewed online if a new photo is required.

(b) A person must appear in person at a DMV customer service center to renew a product if the person’s application indicates a material change is made to any data, other than an address, retained in the department’s records or on any product that has been issued to the driver. In-person appearance is required to have any of the following data on the product or in the department’s files changed:

The person’s name.
The person’s birthdate or place of birth.
The person’s social security number.
The person’s sex, height, weight, eye color, or hair color.
The person’s driver license or identification card number.
The vehicle class the person is authorized to operate.
A license endorsement.
Biometric data.

(c) In-person appearance is required to renew a commercial driver license, or any license bearing an H or S endorsement. The renewal may not be completed online.

Note: 49 CFR 384.227 requires a photograph be taken for every CDL renewal. That necessitates appearance at a DMV customer service center.

(d) Notwithstanding par. (b), the department may renew a class D or M license for military personnel or a member of the foreign service without requiring the applicant to appear at a DMV customer service center if the person is exempt from the requirement to provide a photo under s. Trans 102.03 (3) (d).

Note: See s. 343.20 (3), Stats., 6 CFR 37.25 (b).

(e) The department shall verify a person’s legal presence in the United States collected under s. Trans 102.15 (4) and social security number when renewing a REAL ID compliant product.

(f) Subject to par. (e), the department may renew a REAL ID compliant product without verifying a person’s identification information if the following applies:

The department previously verified an applicant’s information and documents, recorded the date of verification, and kept copies of the application document.

Note: See s. 343.165 (4) (a), Stats., 6 CFR 37.25 (a) (2).

(g) The department may require any person who has previously provided satisfactory proof of U.S. citizenship to provide proof of citizenship or legal presence in the United States when renewing or reissuing a REAL ID noncompliant product issued before January 1, 2013. The department shall require any person who has not provided satisfactory proof of U.S. citizenship for a REAL ID noncompliant product issued before January 1, 2013, to provide proof of the person’s legal permanent resident or conditional resident status of the United States, or legal presence in the United States as specified in s. Trans 102.15 (4) when renewing or reissuing a REAL ID noncompliant product. The department shall require all applicants to provide a social security number or the proof specified in s. 343.14 (2) (br), Stats., when renewing or reissuing a REAL ID noncompliant product issued before January 1, 2013.

(9) The department may issue a license online without requiring a person to appear at a DMV customer service center to a person who holds an instruction permit or a regular license, and who is exempt from any driving test requirement to obtain a regular license or class added to an existing license, except a commercial driver license. The license produced shall use the last photograph the department has on file for the person.

History

Emerg. cr. eff. 3-14-83; cr. Register, January, 1984, No. 337, eff. 2-1-84; renum. (intro.) to (4) to be (1) (intro.) to (d) and am. (1) (intro.) and (a), cr. (2) to (5), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to restore dropped copy in (4), Register, September, 1991, No. 429; cr. (1) (e), Register, January, 1997, No. 493, eff. 2-1-97; r. (1) (a), am. (1) (b) and (c), cr. (6), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-099: am. (1), cr. (1m) Register March 2005 No. 591, eff. 4-1-05; CR 05-109: am. (4) Register April 2006 No. 604, eff. 5-1-06; CR 06-128: renum. (3) to be (3) (a), cr. (3) (b) Register April 2007 No. 616, eff. 5-1-07; CR 14-061: cr. (1g) Register May 2015 No. 713, eff. 6-1-15; CR 23-042: r. and recr. Register April 2025 No. 832, eff. 5-1-25.

Wis. Admin. Code § Trans 102.145 Requirement to obtain driver license in Wisconsin {#sec-trans-102.145 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.145}

(1) A person, unless exempt by s. 343.05 (4), Stats., establishing residency in this state and who holds an operator’s license issued in another jurisdiction must obtain a Wisconsin operator’s license within 60 days of establishing residency unless the person holds a commercial driver license in another U.S. jurisdiction, in which case the person must obtain a commercial driver license issued by the department within 30 days of establishing Wisconsin residency.

Note: Commercial drivers are required to transfer their CDL within 30 days of moving between states by federal law. 49 CFR 383.71 (c), 384.212 (b). Persons moving from Canada, Mexico, U.S. territories, or other countries are subject to the 60-day rule under sub. (1).

(2) No person is required to have resided in Wisconsin for a minimum amount of time to be eligible for a Wisconsin product.

History

CR 23-042: cr. Register April 2025 No. 832, eff. 5-1-25.

Wis. Admin. Code § Trans 102.15 Identification requirements for products {#sec-trans-102.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.15}

(1)

(a) The department may not issue a product to a person who does not meet any of the conformance level requirements of this section, except as provided in s. 343.165 (8) (a), (b), or (h), Stats.

(b) In this section, “unavailable” does not include a document that an applicant has forgotten to bring with them when applying for a driver license or identification card, nor does it include a lost or destroyed document if a replacement original or a certified copy of the document is available to the person upon proper request.

(2)

(a) REAL ID compliant products shall be marked with a star or other symbol recognized by the department of homeland security. A REAL ID compliant product may only be issued if all of the following documentation is submitted and verified in conformance with federal law:

One or more facial images meeting the requirements of s. Trans 102.03 (2).
Proof of identity meeting the requirements of sub. (3) (a).
Proof of date of birth document from the list in sub. (4) (a).
Proof of social security number meeting the requirements of sub. (6) (a) or alternative proof for temporary U.S. residents meeting the requirements of sub. (5) (b).
Proof of residence and domicile meeting the requirements of sub. (5) (a).
Proof of legal name change meeting the requirements of sub. (3) (c) 1., if the person’s name differs from the name established under subd. 2.
Evidence of legal presence in the United States meeting the requirements of sub. (4) (a) or (b).

(b)

An application for an “H” endorsement shall include all of the information required under par. (a), statements required under 49 CFR 1572.9, and all of the following:

a. If the applicant is a lawful permanent resident, the applicant’s alien registration number and alien registration card or other acceptable proof issued by the U.S. government.

b. The applicant’s social security number.

Upon receiving a completed application for an “H” endorsement, the department shall immediately forward the application to the U.S. transportation security administration. The department shall also inform the applicant that the applicant has a right to obtain a copy of the applicant’s criminal history record by submitting a written request for that record to the U.S. transportation security administration.
The department may not issue or renew a product containing an “H” endorsement for a person unless it has received notice from the U.S. transportation security administration that the applicant does not pose a security threat warranting denial of an “H” endorsement or that the applicant has received a waiver under 49 CFR 1515.7 and 1572.5 (d).
If the U.S. transportation security administration notifies the department that a person poses a security threat according to the standards for a security threat assessment under 49 CFR 1572.5, and the U.S. transportation security administration issues an initial determination and threat assessment and immediate revocation, the department shall cancel the person’s license and remove the “H” endorsement from any subsequent license issued to the person. An “H” endorsement may be granted after removal upon reversal of the U.S. transportation security administration’s determination and verification of eligibility for the endorsement.

Note: See s. 343.125 (4) (d), Stats., 49 CFR 1572.13.

(c) A REAL ID noncompliant product may not be marked with the star or other symbol recognized by the U.S. department of homeland security as indicating a REAL ID compliant product and shall include a legend indicating that the product is not valid for federal REAL ID purposes. A REAL ID noncompliant product shall be issued to an applicant who does not provide all documentation necessary for issuance of a REAL ID compliant product under par. (a), but who provides each of the following proofs to establish the person’s identity as a Wisconsin resident:

One or more facial images meeting the specifications of s. Trans 102.03 (2).
Proof of identity meeting the requirements of sub. (3) (a) or (b) or (7).
Proof of date of birth document from the list in sub. (4) (a) or (b).
Proof of social security number meeting the requirements of sub. (6) (a), (b), or (c) or alternative proof for temporary U.S. residents meeting the requirements of sub. (6) (b) or (c).
Proof of residence and domicile meeting the requirements of sub. (5) (a) or (b).
Proof of legal name change meeting the requirements of sub. (3) (c) 1. or 2., if the person’s name differs from the name established under subd. 2. when establishing proof of identity.
Evidence of lawful legal presence in the United States meeting the requirements of sub. (4) (a), (b), or (d).

(d) A REAL ID compliant product or a REAL ID noncompliant product may be issued as a receipt, temporary product, or probationary product if temporary or probationary issuance is required by law.

Note: See s. 343.03 (3) (f) and (3m), Stats.

(e) A person applying for a renewal, reissuance, reinstatement, or duplicate of a REAL ID noncompliant product shall submit satisfactory proof of identity as specified under sub. (3) (b).

(f)

Any person applying for an original Wisconsin operator’s license or identification card shall submit satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States, or legal presence in the United States, as specified under sub. (4).
The department may require a person applying for a reissuance, reinstatement, renewal, or duplicate operator’s license or identification card to provide satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States, or legal presence in the United States to determine the person’s eligibility for the operator’s license or identification card.

(g) A person shall provide proof of identity under sub. (3), legal presence under sub. (4), and residency under sub. (5), upon the first application for an original, renewal, reinstatement, or duplicate operator’s license or identification card after any of the following have occurred:

An action which results in the department creating an AKA record in the person’s driver file.
Cancellation of the person’s license or identification card for altering a license or identification card, cancellation for making a fraudulent or falsified application for a license or identification card, or cancellation for violation of s. 343.25 (1), (4), (5), or (6), Stats.
Suspension of the person’s operator’s license under s. 343.34 (2), Stats.
Revocation or suspension of the person’s operating privilege under s. 343.31 (2r), Stats.
Revocation of the person’s operating privilege under s. 343.32 (1s), Stats.
Conviction for a violation of s. 343.14 (5), 343.16 (7) (a) or (b), 343.19 (2), 343.43 (1), 343.50 (4) or (12), or 345.17, Stats.
The department has confiscated a document from the person for any of the reasons set forth in s. Trans 102.025.

(h) A person shall not be required to provide the proof described in par. (a) 1. to 6. or (c) 1. to 6. if the person is applying without a personal appearance to reinstate a suspended license, revoked license, or identification card; renew a license subject to s. Trans 102.03 (2) and (5); or obtain a duplicate license or identification card, and all of the following are true:

The department possesses records of an acceptable photograph and facsimile signature for the person.
The person’s name as shown on the license is unchanged.
The person is a Wisconsin resident.

(3)

(a) The department may accept any of the following as proof of identity to support issuance of a REAL ID compliant product:

A U.S. passport.
Any of the following certified proofs of birth:

a. For a person born in Wisconsin, a copy of the person’s Wisconsin birth certificate issued and certified in accordance with s. 69.21, Stats.

b. For a person born in another state or the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, a certified copy of the person’s birth certificate or the equivalent document from the office or agency of the respective jurisdiction that is charged with issuance of official certificates of birth.

c. A consular report of birth abroad issued by the U.S. department of state, Form FS–240, DS–1350 or FS–545.

A permanent resident card (Form I–551) issued by the U.S. department of homeland security or the U.S. immigration and naturalization service.
An employment authorization document issued by the U.S. department of homeland security, Form I–766 or I–688B.
A foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I–94 form documenting the applicant’s most recent admittance into the United States.
A certificate of naturalization issued by the U.S. department of homeland security, Form N–550 or Form N–570.
A certificate of citizenship, Form N–560 or Form N–561, issued by the U.S. department of homeland security.
A REAL ID driver license or identification card issued in compliance with 6 CFR part 37.
Such other documents as the U.S. department of homeland security may designate by notice published in the federal register pursuant to 6 CFR 37.11 (c) (1) (x).

Note: 6 CFR 37.11 (c)

(b) Any one of the following may be accepted as proof of identity to support issuance of a REAL ID noncompliant product:

Any document that is acceptable as proof of identity under par. (a).
Unless a passport is required under this chapter, the department shall accept a U.S. passport that is expired for no more than 5 years for purposes of meeting this requirement.
A Wisconsin REAL ID noncompliant operator’s license bearing a photograph of the person.
A Wisconsin REAL ID noncompliant identification card issued under s. 343.50, Stats., bearing a photograph of the person, other than an identification card issued under s. 343.165 (8), Stats.
A federal I-94 “parole edition” or “refugees version” arrival-departure record, together with a certification, on the department’s form, of the person’s name and date of birth, a copy of a U.S. department of state refugee data center reception and placement program assurance form, and a letter from the person’s sponsoring agency on the agency’s letterhead, supporting the person’s application for a Wisconsin identification card or driver license and confirming the person’s identification. Applicants who are unable to provide a reception and placement program assurance form may be issued a Wisconsin identification card or driver license after the person’s identification has been confirmed by the U.S. citizenship and immigration services.
A federal temporary resident card or employment authorization card, Form I-688, I-688A, I-688B, or I-766.
An American Indian identification card meeting all of the following requirements:

a. Issued by a federally recognized tribe or a band of a federally recognized tribe.

b. Issued in Wisconsin.

c. Includes a photograph and signature or reproduction of a signature of the person.

d. Has been approved by the secretary for use as identification.

An adoption, divorce, or name or sex change court order under seal that includes the person’s current full legal name, date of birth, and in the case of a name change or divorce order, the person’s prior name.
An armed forces of the United States common access card or DD Form 2 identification card issued to military personnel.
A department of homeland security/transportation security administration transportation worker identification credential.
A driver license or identification card issued by another jurisdiction except the Dominion of Canada, or a Province thereof, that bears a photo of the applicant or the applicant’s full name and date of birth.
Military discharge papers, including a certified copy of federal form DD-214.
A U.S. government and military-dependent identification card.

(c) An applicant may be identified by a name other than that appearing on a document presented under par. (a) or (b) if the person has changed their legal name. The department shall retain a copy of any document establishing a name change or variation. The department shall maintain a record of both the recorded name and the name on the source documents in a manner conforming to 6 CFR.37.31. The following may be considered as evidence of a legal name change:

Original or certified copies of documents issued by a court, governmental body, or other entity. Adoption documents, name change documents, or sex-change-related documents may be accepted. An abstract of criminal or civil convictions may not be accepted.
Evidence that the person has used the name in a manner that qualifies the name as being legally changed under the common law of Wisconsin, including evidence of the person’s prior name, changed name, the length of time the person has consistently and continuously used the changed name, an affirmation that the person no longer uses the prior name, and an affirmation that the person did not change their name for a dishonest or fraudulent purpose or to the injure another person.

Note: See, State v. Hansford, 219 Wis. 2d 226, 580 N.W.2d 171 (1998); 35 Wis. Op. Atty. Gen. 178, 179 (1946). This process may be used to overcome an error on a supporting document, such as a spelling error or incorrect name, to enable an applicant to receive an identification card in their legally correct name.

(4)

(a) Any of the following shall be considered valid proof of legal presence in the United States for purposes of obtaining a REAL ID compliant product, provided the person has also provided proof of identity meeting the requirements of sub. (3) (a):

Any of the following certified proofs of birth:

a. For a person born in Wisconsin, a copy of the person’s Wisconsin birth certificate issued and certified in accordance with s. 69.21, Stats.

A U.S. passport.
A certificate of citizenship, Form N-560 or N-561, issued by the U.S. department of homeland security.
A certificate of naturalization issued by the U.S. department of homeland security, Form N-550 or Form N-570.
A consular report of birth abroad issued by the U.S. department of state, Form FS-240, DS-1350 or FS-545.
A permanent resident card Form I-551, issued by the U.S. department of homeland security or the U.S. immigration and naturalization service.

(b) Any of the following shall be considered valid proof of legal presence in the United States for purposes of obtaining a REAL ID compliant product, provided the person has also provided proof of identity meeting the requirements of sub. (3) (a) and documentation demonstrating lawful status issued by the U.S. department of homeland security or other federal agency:

A foreign passport with approved Form I-94 and authenticated visa.
An employment authorization document.
A REAL ID compliant product issued in compliance with 6 CFR 37.

Note: See, 6 CFR 37.11 (g).

(c) All applicants for a REAL ID noncompliant product that includes a hazardous materials endorsement, including persons who have met the requirements of par. (a), shall submit documentary proof to the department, in one or more of the following forms, that the applicant is a U.S. citizen or that the applicant’s permanent presence in the United States is authorized under federal law:

A U.S. passport.
For a person born in another state or the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, a certified copy of the person’s birth certificate or the equivalent document from the office or agency of the respective jurisdiction that is charged with issuance of official certificates of birth.
A consular report of birth abroad issued by the U.S. department of state.
A certificate of naturalization issued by the U.S. department of homeland security.
A certificate of U.S. citizenship issued by the U.S. department of homeland security.
A permanent resident card and the applicant’s alien registration number issued by the U.S. citizenship and immigration services or U.S. immigration and naturalization service.

Note: See ss. 343.125 (2) (a) and 343.14 (2g), Stats., and 49 CFR 383.71 (b) (8) and (Table 1).

(d) An applicant for a REAL ID noncompliant product shall provide valid documentary proof that the individual is a U.S. citizen or national or an alien lawfully admitted for permanent or temporary residence in the United States and the applicant’s alien registration number. Any documents described under par. (a) or (c), or any of the following, shall be considered valid proof of legal presence in the United States for purposes of obtaining a REAL ID noncompliant product:

Proof of conditional permanent resident status in the United States and the person’s alien registration number.
A nonimmigrant visa or nonimmigrant visa status for entry into the United States.
An approved application for asylum in the United States or other official documentation showing that the applicant has entered the United States in refugee status.
A pending application for asylum in the United States.
A pending or approved application for temporary protected status in the United States.
Approved deferred action status.
A pending application for adjustment of status to that of an alien lawfully admitted in the United States for permanent residence or conditional permanent resident status.
A I-766, employment authorization document.
A U.S. department of homeland security/U.S. citizenship and immigration services refugee travel document, including Form I-512T.
A U.S. department of homeland security/U.S. citizenship and immigration services Form I-797, notice of action.
A U.S. department of state reception and placement program assurance form, accompanied by Form I-94.

Note: See s. 343.14 (2) (es), Stats.

(e) The department shall not accept a hospital birth certificate, notification of birth registration, or baptismal certificate as proof of a person’s name and date of birth.

(5)

(a) The department shall require two forms of proof that a person’s principal residence is in Wisconsin and the address of that residence prior to issuing a REAL ID compliant product. Neither proof may list a post office box or commercial receiving agency as the address, except as provided in par. (c). Each proof of the person’s principal residence shall include the person’s name and physical street address. Original documents shall be required unless copies or printouts of electronic documents are specifically allowed. Unless otherwise listed, proof of residence documents shall be no more than one year old. Any of the following shall be considered proof of residence:

A Wisconsin driver license that is not expired by more than 8 years.
A Wisconsin identification card that is not expired by more than 8 years.
A utility bill addressed to the applicant for water, gas, electric, cable TV, internet service, or telephone service, including bundled services. Printouts of electronic documents are acceptable.
An applicant’s paycheck, paystub, payroll statement, or earning statement that includes the employer’s name and address. Printouts of electronic documents are acceptable.
An account statement for an account held by and addressed to the applicant from a bank, credit union, savings and loan, financial institution, or brokerage house. Printouts of electronic documents are acceptable.
A deed, title document for a mobile home, mortgage, or a rental or lease agreement that includes the landlord’s name and phone number. A rental or lease agreement of any age is acceptable during the initial rental or lease term. Renewal or extension of a rental or lease agreement that is more than one year old may not be considered under this subdivision. Photocopies are acceptable.
Current homeowner’s, renter’s, or motor vehicle insurance policy, or proof of insurance or billing statement dated within one year of the application.
Government-issued correspondence or product issued to the applicant that is not described in another subdivision of this paragraph, that was issued by a federal, state, county, or municipal agency within the one-year period preceding the application, except Quest or Forward cards. Certified copies are acceptable.
A valid Wisconsin hunting license or concealed carry permit issued to the applicant.
Department of corrections documentation, such as letters from probation or parole agents to the applicant on official letterhead.
A certified school record or transcript.
College enrollment documentation or U.S. department of homeland security Form DS 2019, certificate of eligibility for exchange visitor (J-1).
An unexpired photo identification card issued to the applicant by a Wisconsin accredited university, college, or technical college.
An employee photo identification card issued to the applicant by the applicant’s current employer.
A letter from a homeless shelter or a social service organization providing services for homeless individuals. The letter must identify the individual, include the physical address of the location designated as the person’s residence, be on the organization or shelter letterhead or stationery, and be signed by a person affiliated with the organization or shelter.
For a person 26 years or younger, a Wisconsin driver license or identification card for a parent or guardian of the applicant, provided the parent or guardian’s address on their proof and on department records matches the address provided for the applicant.
For a federal judge who requests a product listing the judge’s courthouse address under s. Trans 102.04 (10), official federal government identification that verifies the judge’s name and status as a federal judge. The judge shall also provide the courthouse address to be used on the product in lieu of the judge’s residence address. This identification may be required for each renewal or reissuance of the product if the courthouse address will be used on the renewed or reissued product.
For a person enrolled in the state address confidentiality program under s. 165.68, Stats., a copy of the person’s safe at home program card.

(b) Any person applying for a REAL ID noncompliant product must provide proof of residence meeting the requirements of par. (a).

(c) The department shall maintain a list of locations where the U.S. postal service will not deliver U.S. mail to a residence address. A person residing in such a location shall provide the person’s official U.S. postal service station P.O. box address for delivery of the product.

(d) If a person’s product is returned to the department by the U.S. postal service, the department shall consider the mailing address provided in the person’s application to be incorrect, in which case the department may do one of the following:

Remail the product to that same address. This option may not be exercised more than one time to a given address. If the U.S. postal service returns a product a second time, the address provided in the application shall be considered invalid and the application must be processed in accordance with subd. 2.
If the product is an original product, the department shall cancel and destroy the product and require resubmission of proofs of residence in accordance with par. (a). If the product is a duplicate or renewal product, the department shall hold the product for 30 days, then cancel and destroy the product if the applicant does not contact the department to obtain the product.

(6)

(a) The department shall collect a REAL ID compliant product applicant’s social security number and verify the social security number with the U.S. social security administration prior to issuance of any product. Nonresidents of the U.S. who lack work authorization and a social security number may provide alternative proof as provided in par. (b) for issuance of a REAL ID compliant product, except for a commercial driver license.

(b) An applicant for a REAL ID compliant product, except an applicant for a commercial driver license, who has no social security number, has been admitted into the United States from another country, and lacks authorization to work in the U.S., may present a foreign passport, a visa to enter the U.S. affixed in that passport, and the approved I-94 form documenting the applicant’s most recent admission into the United States.

(c) A person who applies for a REAL ID noncompliant product is required to provide a social security number, unless the applicant does not have a social security number and is not eligible for a social security number and submits a statement on a form provided by the department and subscribed under oath or affirmation or witnessed by a division of motor vehicles customer service representative that the applicant does not have a social security number and is not eligible for a social security number.

Note: See s. 343.14 (2) (br), Stats.

(d)

The department shall verify an applicant’s social security number with the U.S. social security administration or through another method approved by the U.S. department of homeland security that the social security number presented as part of a REAL ID compliant product application is registered to the applicant.
If the social security number is not verified under subd. 1., the department may not issue a product to the applicant, delay issuance of a product if verification cannot be completed at the time of application, or cancel a product if verification is requested after product issuance and the applicant does not provide verification. The applicant may consult with the U.S. social security administration to determine the reason for that agency’s refusal to verify the applicant’s social security number. Upon resolution with the U.S. social security administration, the person may resubmit an application for verification by the department without additional fees.
The department shall verify the legal status of an applicant who is exempt from providing a social security number under par. (b) prior to issuing a product to the person. The department shall verify the applicant’s I-94 form and any document used as proof of identity or proof of lawful admission into the United States that has been issued by the department of homeland security. If the applicant presents multiple documents issued by department of homeland security, and the department is able to verify one document, the additional documents do not need to be verified.

Note: 6 CFR 37.13 (b) (1).

The department may not issue a product to an applicant if the department of homeland security does not verify the applicant’s legal status as provided in subd. 3. The department shall refer the applicant to the U.S. citizenship and immigration services to determine the reason for that agency’s refusal to verify the applicant’s legal status. Upon resolution with the U.S. citizenship and immigration service, the person may resubmit an application for a product to the department for verification without additional fees.
The applicant shall present the examiner the applicant’s original social security card or other documentation satisfactory to the department for verification, notwithstanding other provisions in this subsection, when any of the following apply:

a. A duplicate social security number is found on the department’s driver files and assigned to another person.

b. The social security number provided on the applicant’s current application does not match the number provided by the applicant on a previous application that is recorded on the applicant’s driver file.

c. The social security number does not match the format of social security numbers issued by the U.S. social security administration.

d. The department is advised by a state, federal, or local government agency that the social security number provided by the applicant is suspected to not belong to the applicant, to have been used by multiple persons, or to have been assigned to a person other than the applicant.

Note: See s. 343.165 (3) (c), Stats., 6 CFR 37.11 (e) (2) and 49 CFR 37.13 (b) (2).

(e) The department may issue a special number, in lieu of the social security number, to identify an applicant who does not have an existing driver file in Wisconsin and was issued an original instruction permit when the applicant has not been issued a social security number or the applicant’s social security number is not available. The applicant is required to provide their social security number on any subsequent application following the original issuance of the instruction permit.

(7) The department may issue a temporary driver receipt for operation of Class D or M vehicles to a person who is temporarily unable to meet the identification requirements of sub. (3). The temporary driver receipt shall state the date of issue, shall be clearly marked “NOT VALID FOR IDENTIFICATION,” and shall be validated for the operation of a vehicle for a stated period of up to 60 days from the date issued. The person may complete their operator’s license application within this period by presenting proof of the person’s name and date of birth in accordance with sub. (3) (a). For good cause shown, the department may renew the driving receipt once for an additional period of no more than 60 days. This subsection applies only to persons who meet all of the following:

(a) Were previously issued an operator’s license in another jurisdiction and surrendered the operator’s license to the department.

(b) Are unable to immediately provide proof of name and date of birth in accordance with sub. (3) (a), but state they will be able to do so.

(c) Submit an otherwise complete and acceptable application, including the proof of identity required by sub. (3) and social security number required by sub. (6).

Note: Form MV3432, Receipt.

(8) The department may require additional documentation or proof of identity beyond the minimum requirements of this section from an applicant if the department has been notified that the applicant may be a victim of identity theft or if the applicant has provided documentation to the department that could not be verified.

(9) The department may verify or attempt to verify any information provided in support of an application for a product and, if it is unable to verify the information, may decline to issue the product until verifiable documentation or information is presented to support the application.

(10)

(a) The department may issue a REAL ID noncompliant identification card or REAL ID noncompliant Class D or M operator’s license without capturing a digital image of all documents provided by the applicant provided the conditions specified in s. 343.165 (7), Stats., are met.

(b) The department may issue a REAL ID noncompliant Class D or M operator’s license or a REAL ID noncompliant identification card to a person who was issued a product by the department and identified as a U.S. citizen prior to January 1, 2013, and for whom the department has records without additional documentation required under s. 343.165 (1), Stats. This exemption does not apply if the department has any basis for suspecting the person is not the person identified in the document or if the department receives any evidence of a discrepancy in the proofs required for product issuance.

History

Cr. Register, January, 1984, No. 337, eff. 2-1-84; emerg. am. eff. 6-24-86; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (6) (intro.), Register, January, 1993, No. 445, eff. 2-1-93; am. (3) (a) 5., 6., 11., (4) (a) (intro.), 2., 4. to 8., 13., 19., (5) (a) (intro.), cr. (3) (a) 14. to 18., (4) (intro.), (a) 20., (b), renum. (4) (b) (intro.), 1., 4., 6. and 7. to be (4) (c) (intro.), 1. to 4. and am. (4) (c) (intro.), r. (4) (b) 2., 3., 5., Register, January, 1997, No. 493, eff. 2-1-97; am. (2) (a), (c) (intro.), 7., (3) (a) (intro.), 8., 16., (3) (b) 1., 3., (c) and (4) (a) 1., (4) (b) 2., (6) (intro.) and (b), cr. (3) (a) 19., (4) (a) 21, Register, December, 1999, No. 528, eff. 1-1-00; emerg. am. (3) (a) 8., eff. 12-21-01; CR 02-005: am. (3) (a) 8. Register May 2002 No. 557, eff. 6-1-02; corrections in (2) (c) 4. and 5. made under s. 13.93 (2m) (b) 7., Stats., Register May 2002 No. 557; CR 04-100: am. (2) (c) (intro.), (3) (a) 2., 4. to 8., 11. and 15. to 19., (3) (b) 1., (4) (a) (intro.) 2., 5. to 7., 12., 18., 19 and 21, (5) (a) to (c), cr. (2) (c) 8., (3) (a) 20., (4) (a) 22. and 23., (c) 5. and (4m), (5) (a) 4. and (bm), r. (3) (a) 12. to 14. and (4) (a) 8. to 10., 15., 17. and 20., r. and recr. (4) (b) and (c) 2., renum. (7) to be s. Trans 102.025 (1), Register June 2005 No. 594, eff. 7-1-05; CR 05-109: am. (6) (intro.) Register April 2006 No. 604, eff. 5-1-06; CR 06-082: cr. (2) (bm) and(3m) Register December 2006 No. 612, eff. 4-1-07; CR 06-128: am. (3) (a) 2., 4., (4) (a) 2. and 5., r. (3) (a) 16., 19., 20., (4) (a) 1., 6., 7., 12., 14., 18., 19., 21. and 22., (b), (c) (intro.), 1., 3. to 5., (4m) (a), (e) and (8), cr. (3) (a) 21., (4) (a) 24. and (4m) (f), renum. (4) (c) 2. to be (4) (c) and am. (4) (c) (intro.) Register April 2007 No. 616, eff. 5-1-07; correction in (3m) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 14-061: am. (2) (c), renum. (3) (a) 2. (Note) to (3) (am) and am., am. (3) (a) 6., renum. (3) (b) to (5m) (a) and am. (5m) (a) (intro.) and 2., renum. (3) (c) to (5m) (c) and am., cr. (3) (d), (5m) (title), (b), (e), am. (6) (intro.) Register May 2015 No. 713, eff. 6-1-15; EmR1636: emerg. cr. (3) (c), renum. (3) (d) to (3) (d) (intro.) and 1. and am., cr. (3) (d) 2., am. (5) (a), cr. (5) (d), am. (5m) (b) 1., 2., renum. (5m) (b) 3. to (5m) (b) 3. and 3g. (intro.) and am., am. (5m) (c), cr. (6m), eff. 12-7-16; CR 16-040: cr. (3) (c), renum. from (3) (d) to (3) (d) (intro.) and 1. and am., cr. (3) (d) 2., am. (5) (a), cr. (5) (d), am. (5m) (b) 1., 2., renum. from (5m) (b) 3. to (5m) (b) 3. and 3g. (intro.) and am., am. (5m) (c), cr. (5m) (f), (g), (h), cr. (6m) Register April 2017 No. 736, eff. 5-1-17; correction in (3) (am), (6m) (a), (b) made under s. 35.17, Stats., Register April 2017 No. 736; CR 22-048: am. (3) (a) 2., 15. (intro.), (5) (d), (5m) (b) 1., 3g. h., (6m) (e) Register July 2023 No. 811, eff. 8-1-23; CR 23-042: r. and recr. Register April 2025 No. 832, eff. 5-1-25; correction in (2) (a) 6., (b) 1., 3., 4., (c) (intro.), 2., 3., 6., (g) 2., 6., (3) (a) 8., (7) (a), and, as renumbered, (10) (a) made under s. 35.17, Stats., (8) to (11) renumbered to (7) to (10) under s. 13.92 (4) (b) 1., Stats., Register April 2025 No. 832.

Wis. Admin. Code § Trans 102.16 Product and license endorsement issuance periods {#sec-trans-102.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.16}

(1) Expiration with end of legal presence in the United States. Notwithstanding any other provisions of this chapter, a product issued to a person who is not a U.S. citizen or national or who is not an unconditional permanent resident of the United States shall expire on the earlier of the last date the person’s legal presence in the United States is authorized according to the documentation of legal presence provided by the person as part of their application, or the expiration date of the product determined under subs. (2) to (8).

Note: See ss. 343.03 (3m), 343.20 (1m), and 343.50 (5) (c), Stats.

(2) Product expiration.

(a) Default identification card and license expiration. Except as provided in subs. (1), (3), (4), and (6) and par. (b), a license or identification card shall expire 8 years from the person’s next birthday.

(b) Elderly identification cards. Except as provided in sub. (1), an identification card issued to a person 65- years or older who requests a non-expiring identification card will not expire. An expiration date far into the future and beyond any currently living person’s life expectancy may be used to indicate that the document has no expiration date. Any identification card issued under this paragraph shall be considered REAL ID noncompliant and may not include markings that indicate REAL ID compliance.

(c) Foreign license reciprocity. An operator’s license issued to a foreign national pursuant to a reciprocal agreement established under s. 343.16 (1) (d), Stats., shall expire 8 years from the applicant’s next birthday or the date the person’s legal presence in the United States expires as determined under sub. (1), whichever is earlier.

Note: See ss. 343.085 (2) (c), 343.16 (1) (d), and 343.50 (5) (d), Stats.

(3) Original license 2-year expiration. Except as provided in sub. (1), the first operator’s license issued to a person by this state under ch. 343, Stats., that is not a commercial driver license shall be a probationary license that expires 2 years from the person’s next birthday, unless the person meets all of the following requirements:

(a) Has been licensed in another jurisdiction for at least 3 years.

(b) Presently holds an operator’s license, other than an instruction permit, from another jurisdiction that is not expired by more than 6 months.

(4) Renewal product expiration.

(a) A renewal product may be issued up to 364 days prior to expiration of the product and shall expire 8 years from the person’s next birthday, except as provided in par. (b) and sub. (1).

(b) A renewal product issued in the 364 days after expiration of an operator’s license shall expire 7 years from the person’s next birthday.

(5) Special restricted licenses. Except as provided in sub. (1), renewed special restricted licenses expire 2 years from the applicant’s next birthday.

(6) Endorsements expire with licenses. All endorsements, except “H” endorsements, on an operator’s license shall expire on the same date the operator’s license expires or is suspended, revoked or disqualified. An “H” endorsement shall expire as provided in s. 343.125 (3), Stats.

Note: Federal CDL requirements demand a background check be performed on “H” endorsement holders at least once every 5 years. 49 CFR 383.141 (d).

(7) Expiration date does not change with changes in authority. Except as provided in sub. (8), the expiration date of an operator’s license shall remain the same when subsequent changes to classifications or endorsements are applied to the license.

(8) Extension of legal presence in the United States. A person whose operator’s license expired under sub. (1) earlier than it otherwise would have under subs. (2) to (5) may be issued an operator’s license with an expiration date determined under subs. (1) to (5) at any time after a change in the last date through which the person’s legal presence in the United States is authorized, regardless of whether a change in classification or endorsements is also made.

History

Cr. Register, January, 1984, No. 337, eff. 2-1-84; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (3) (b), Register, September, 1992, No. 441, eff. 10-1-92; am. (2), (5), r. and recr. (3), cr. (3m), Register, December, 1999, No. 528, eff. 1-1-00; CR 06-082: am. (1) (3m), (5), (6) and (8) Register December 2006 No. 612, eff. 4-1-07; CR 23-042: r. and recr. Register April 2025 No. 832, eff. 5-1-25; correction in (4), (6) made under s. 35.17, Stats., Register April 2025 No. 832; correction in (2) (a) made under s. 35.17, Stats., Register June 2025 No. 834.

Wis. Admin. Code § Trans 102.19 Instruction permits {#sec-trans-102.19 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.19}

(1) General requirements for instruction permit. The department may issue an instruction permit to a person who meets all of the following requirements and who also meets any particular requirement imposed for a particular class of vehicle under subs. (2) and (3):

(a) The person is qualified to obtain an operator’s license, except for lack of training in the operation of a motor vehicle.

(b) The person has passed a knowledge test for the class of vehicle for which an instruction permit is sought.

(2) Class D instruction permits for persons under 18 years of age. A Class D instruction permit may not be issued to a person under 18 years of age unless the person is enrolled in a behind-the-wheel driver education course and a sponsor has signed and verified the person’s application in accordance with the requirements of s. Trans 102.21 and s. 343.15 (1), Stats.

(3) Moped and motor bicycle instruction permits.

(a) The department may not issue a moped or motor bicycle instruction permit to a person under 16 years of age.

(b) A moped or motor bicycle instruction permit, or regular instruction permit endorsed for moped and motor bicycle operation may only authorize moped or motor bicycle operation during daylight hours and prohibits the transportation of passengers.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; renum. (1) and (2) to be (2) (a) and (b), cr. (1), Register, January, 1997, No. 493, eff. 2-1-97; CR 23-042: r. and recr. Register April 2025 No. 832, eff. 5-1-25; correction in (2) made under s. 35.17, Stats., Register April 2025 No. 832.

Wis. Admin. Code § Trans 102.20 Farm service CDLs {#sec-trans-102.20 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.20}

(1) Purpose. The purpose of this section is to adopt a seasonal farm service waiver for CMV drivers consistent with those federal department of transportation regulations at 49 CFR 383.3(f).

(2) Definitions. In this section:

(a) “Agri-chemical business” means a business that sells and delivers fertilizer, pesticides or other chemical compounds to farmers.

(b) “CDL” means a commercial driver license.

(c) “Convicted” or “conviction” has the meaning set forth in s. 340.01 (9r), Stats., and includes convictions under state law, convictions under local ordinances in conformity with state law, convictions under a law of federally recognized American Indian tribe or band in this state in conformity with state law, or convictions under the law of another jurisdiction which prohibits conduct similar to that prohibited under state law even if that jurisdiction’s law is not in conformity with state law.

(d) “Custom harvester” means a business which is engaged solely in the provision of for hire harvesting services to farmers or engaged in canning, freezing or processing the crops being harvested.

Note: The licenses of temporary seasonal employees of custom harvester employers are limited to permit only transportation related to the harvesting of crops. See s. Trans 102.20 (8) (fm). A driver in this category may, for example, haul harvesting equipment to and from the fields where the harvest is conducted, and may haul harvested crops from the fields where harvested to a storage facility or food processing plant. Subsequent transportation of the harvested crops, however, such as to haul harvested crops from storage facilities to processing plants or to haul processed crops to market, are not permitted under a Farm Service CDL.

(e) “Farm retail outlet” means a business engaged in the retail sale and delivery of farm supplies to farmers.

(f) “Farm service CDL” means a restricted commercial driver license issued pursuant to this section.

(g) “Farm service industry” means a farm retail outlet, a custom harvester, a feed lot, or an agri-chemical business.

(h) “Farmer” has the meaning set forth in s. 340.01 (18) (b), Stats.

(i) “Feed lot” means a facility where feeder cattle are assembled for feeding prior to slaughter.

(j) “Seasonal employment” means a period of employment that does not exceed 210 days per year.

(k) “Seasonal period” means a continuous time period for which a farm service CDL permits limited operation of commercial motor vehicles.

(3) Eligibility. The department may issue a farm service CDL to any person who meets all of the following requirements:

(a) Is employed in seasonal employment with a farm service industry.

(b) Has held a class D operator’s license, other than an instruction permit for at least the one-year period preceding the date of application.

(d) Has passed the test required under sub. (7).

(e) Does not hold a CDL.

(f) Meets the medical standards requirements of s. 343.065, Stats., and ch. Trans 112.

(g) Is at least 18 years of age.

(4) Driver record requirements. The department may not issue or renew a farm service CDL to any person who at any time during the 2-year period preceding the date of application:

(a) Held more than one operator’s license at one time, except that for purposes of this subdivision, a school bus or chauffeur’s license issued under s. 343.12 or 343.125, 1987 Stats., shall be counted with a regular license as a single license.

(b) Had any driver license or operating privilege, in Wisconsin or any other jurisdiction, revoked, suspended or canceled as a result of a moving violation. Failure to pay a forfeiture resulting from a non-traffic offense is not a moving violation for purposes of this paragraph.

(c) Was convicted of speeding in excess of 15 miles per hour over the applicable speed limit or any one violation listed as a disqualifying offense or serious traffic violation under s. 343.315 (2) (a), (e), (f) or (g), Stats., regardless of whether the person was operating a commercial motor vehicle at the time of the offense.

(d) Was convicted of a violation of a law relating to motor vehicle traffic control arising in connection with any traffic accident, except a parking or safety belt violation.

(e) Was at fault in any motor vehicle accident.

(f) Was convicted of a violation of a law arising out of the person’s operating a vehicle type not authorized under a farm service CDL, violating a restriction of a farm service CDL, transporting hazardous materials not permitted under a farm service CDL, or operating a commercial motor vehicle outside the seasonal period provided for on a farm service CDL.

(5) Disqualification. The department shall revoke, suspend, cancel or disqualify the farm service CDL privilege of any person who is disqualified under s. 343.315, Stats.

(6) Application.

(a) An application for a farm service CDL shall be made on forms provided by the department and shall include all requested information.

(b) An original or renewal application for farm service CDL shall include all of the following:

A standard driver license application form.
A certification of the driver’s eligibility for the license.
The required fee.
Specification of the seasonal period for which the applicant seeks farm service CDL operating privileges.

Note: Driver License Application and renewal forms (MV3001 and MV3005) and Driver Certification forms (MV3586) may be obtained at any Division of Motor Vehicle Services Center or from the Wisconsin Department of Transportation, Bureau of Driver Services, License Issuance Unit, P.O. Box 7918, Madison, WI 53707-7918.

(7) Testing.

(a) The department may not issue a farm service CDL to any person who has not passed the required knowledge test.

Note: See ss. 343.16 (1) (a) and 343.16 (2), Stats.

(b) The department shall waive CDL skills tests for applicants seeking farm service CDLs except under circumstances where the department would require one or more examinations under s. 343.16 (5) or (6), Stats.

(8) Restrictions. All farm service CDLs shall be subject to the following restrictions:

(a) The license may not permit operation of class A motor vehicles as defined in s. 343.04 (1) (a), Stats.

(b) The license may not permit transporting hazardous materials except liquid fertilizer in vehicles or implements of husbandry with total capacities of 3000 gallons or less, solid fertilizers that are not transported with any organic substance, or 1000 gallons or less of diesel fuel, but no combination of these materials.

(c) The license may not permit operation of a school bus or of a passenger carrying vehicle, as defined in s. 343.04 (2) (d), Stats.

(d) The license shall permit operation only of commercial motor vehicles owned, leased or rented by the driver’s farm service industry employer.

(e) The license may not permit operation of commercial motor vehicles outside the period of seasonal employment.

(f) The license may not permit the operation of commercial motor vehicles beyond 150 miles of the place of business or farm being served.

(fm) The license may not permit operation by a custom harvester unless related to the harvesting of crops.

(g) The license may not permit operation in interstate commerce unless the driver meets the requirements of s. 343.06 (3), Stats.

(h) The license may not grant farm service CDL privileges for more than 210 days in any calendar year.

(9) No occupational license. The department may not issue an occupational license granting farm service CDL privileges.

(10) Seasonal period application and driver record verification.

(a) Except when a license is due for renewal, at least once each calendar year in which an applicant seeks farm service CDL privileges, the person shall apply to the department for a farm service CDL replacement license designating the person’s next seasonal period.

Note: Form MV3587, Application for New Farm service CDL Seasonal Period may be obtained at any DMV customer service center or from the Wisconsin Department of Transportation, Bureau of Driver Services, License Issuance Unit, P.O. Box 7918, Madison, WI 53707-7918.

(b) The department shall confirm the driver’s continued eligibility for the farm service CDL before each seasonal period and, if the driver is eligible for the license under sub. (3), shall issue a replacement farm service CDL to the driver. If a replacement license is issued by mail and the driver fails to return the license document it replaces to the department, the department may cancel the replacement license.

Note: See sub. (13) (c) regarding the fee for changing a seasonal period.

(11) License form. A farm service CDL shall be subject to the restrictions set forth on the license.

(12) Expiration. Farm service CDL privileges shall expire on the same date as the holder’s operator’s license.

Note: See s. Trans 102.16.

(13) Fees.

(a) The fee for the farm service CDL shall be the fee established in s. 343.21 (1) (d), Stats., or the prorated amount due under s. Trans 102.11.

Note: The fee for a CDL under s. 343.21 (1) (d), Stats., is currently $64.

(c) The fee for changing the seasonal period on a farm service CDL after a person has specified a seasonal period in a given calendar year shall be the fee for obtaining a duplicate license under s. 343.21 (1) (L), Stats.

Note: Section 343.21 (1) (d), Stats. prescribes the fee for CDLs. Section 343.21 (1) (L), Stats., currently provides that the fee for a duplicate license shall be $4.

History

Cr. Register, January, 1993, No. 445. eff. 2-1-93; am. (2) (d), (j), (8) (b), (h) and (10) (a), cr. (8) (fm), Register, December, 1993, No. 456, eff. 1-1-94; correction in (2) (i) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1993, No. 456; am. (4) (c), Register, January, 1997, No. 493, eff. 2-1-97; am. (10) (a), (b), (11), (13) (a) and (c), r. (13) (b), Register, December, 1999, No. 528, eff. 1-1-00; am. (2) (i), Register, August, 2000, No. 536, eff. 9-1-00; CR 06-064: am. (1) and (8) (f) Register September 2006 No. 609, eff. 10-1-06; 2023 Wis. Act 28: am. (2) (j), (8) (h) Register August 2023 No. 812, eff. 9-1-23; CR 23-042: am. (2) (g), r. and recr. (2) (i), am. (13) (a) Register April 2025 No. 832, eff. 5-1-25.

Wis. Admin. Code § Trans 102.205 Copying of driver licenses {#sec-trans-102.205 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.205}

Any person, including the state or federal government, or an agency or political subdivision thereof, may make a copy of a driver license provided the copy is intended to be used for the identification of the person to whom the license has been issued and the person does not sell or transfer the copies to any third person or include the copy of the driver license photo in any electronic or paper library of images. This provision does not prohibit a lender or business from requesting and making a copy of a driver license as part of an application for credit or other business services and forwarding that copy with the application materials in the ordinary course of business when the commercial paper or business is sold or transferred.

Note: Amendments to s. 343.43 (1) (f), Stats., enacted as part of 1999 Wis. Act 9 provide the department with authority to adopt this rule with respect to driver licenses. No similar authority exists with regard to the general prohibition against copying identification cards found in s. 343.50 (12) (e), Stats. See State v. Schwolin, 57 Wis. 2d 764 (1973), for general guidance on the copying of identification cards.

History

Cr. Register, August, 2000, No. 536, eff. 9-1-00.

Wis. Admin. Code § Trans 102.21 Sponsorship of persons under 18 years of age {#sec-trans-102.21 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.21}

(1) Definitions. In this section:

(a) “Adult” means a person who is 18 years of age or older.

(am) “Domestic partner” means a member of a domestic partnership that has not been terminated under s. 770.12, Stats.

(b) “Foster parent” means a person licensed to operate a foster home or treatment foster home under s. 48.62, Stats.

(d) “Minor” means a person less than 18 years of age.

(e) “Parent” means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, Stats., or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, Stats., “parent” includes a person adjudged in a judicial proceeding to be the biological father. “Parent” does not include any person whose parental rights have been terminated.

(f) “Stepparent” means a person who is married to the minor’s biological or adoptive parent and is not a biological or adoptive parent of the minor.

Note: The definitions used in pars. (c) and (e) are intended to parallel those in s. 48.02, Stats.

(2) Adult sponsors. The following adults may sponsor a minor’s application for Wisconsin operator’s license:

(a) The minor’s parent, stepparent or guardian.

(am) The domestic partner of one of the minor’s parents.

(b) The minor’s spouse.

(c) The minor’s grandparent, brother, sister, aunt, uncle or foster parent if the minor does not reside with any of the persons identified in par. (a).

(d) The person with whom a foreign exchange student resides if the foreign exchange student is from outside the United States and is not residing with any of the persons identified in par. (a).

(3) Powers of attorney. An adult holding a valid power of attorney may execute the sponsorship form for a minor on behalf of a sponsor.

Note: The department has a form Durable Power of Attorney, Driver License Sponsorship for Minor that is designed to be used for this purpose, form MV 3627. The form can be obtained from the Division of Motor Vehicles, Bureau of Driver Services, P.O. Box 7920, Madison, WI 53707-7920, telephone (608) 266-2237 or at any motor vehicle services station.

(4) Proof of identity. A sponsor or attorney-in-fact of a sponsor shall provide proof of identity satisfying the requirements of s. Trans 102.15 (3) when a department representative acts as the witness to a sponsor’s or attorney-in-fact’s signature.

History

Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 23-042: cr. (1) (am), (2) (am), am. (4) Register April 2025 No. 832, eff. 5-1-25.

Wis. Admin. Code § Trans 102.23 Military, firefighting, farmer and emergency government CDL exemptions {#sec-trans-102.23 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.23}

(1) Purpose. The purpose of this section is to administratively implement the federal waiver for vehicles operated by the United States armed forces, farmers, firefighters and emergency responders, and emergency snowplow drivers for small units of local government permitted under 49 CFR 383.3(c) and (d). This section shall be interpreted and administered consistent with those regulations and in a manner that complies with federal guidelines issued pursuant to those regulations.

(2) Definitions. In this section:

(a) “CDL class, endorsement or restriction” means authorization to operate class A, B or C commercial motor vehicles, any endorsement described in s. 343.17 (3) (d), Stats., or any restriction specified in ss. 343.17 (3) (d) or (e), Stats.

(b) “Local unit of government” means a county, city, village, town, school district, county utility district, sanitary district, metropolitan sewage district, or other public body created by or pursuant to state law.

(3) Military waiver. No CDL class, endorsement or restriction shall be required of or applied to a person operating a commercial motor vehicle for military purposes, including all of the following:

(a) Active duty military personnel.

(b) Members of the military reserves.

(d) Personnel on part-time national guard training.

(e) National guard military technicians.

Note: National guard military technicians are civilians who are required to wear military uniforms. 49 CFR 383.3 (c).

(f) Active duty U.S. Coast Guard personnel.

(4) Military waiver inapplicable. Subsection (3) does not apply to U.S. reserve technicians.

(5) Farmers. No CDL class, endorsement or restriction shall be required of or applied to any person operating a commercial motor vehicle for farming purposes who meets all of the following criteria:

(a) The person is operating a farm vehicle that is being used to transport agricultural products, farm machinery, farm supplies or any combination of these goods to or from a farm.

(b) The vehicle is owned or controlled by a farmer. For purposes of this paragraph, “farmer” means any person who operates a farm or is directly involved with the cultivation of land, crops or livestock which are owned or directly controlled by that person. Farmer includes all persons meeting the definition in s. 340.01 (18) (b), Stats. “Farmer” also includes a corporation, association, cooperative or partnership owned or controlled by farmers and engaged in the business of farming.

(c) The vehicle is operated by the farmer, the farmer’s employees, or the farmer’s family members. For purposes of this paragraph, “family member” means any parent, stepparent, grandparent, child, stepchild, brother, sister, stepbrother, stepsister, uncle, aunt, first cousin, nephew, niece, grandchildren, as defined in s. 990.001 (16), Stats., whether related by blood or adoption, or the spouses of any such person and any spouse or guardian of the farmer.

Note: Section 990.001 (16), Stats., includes a chart that makes the relationships described in this section easier to understand.

(d) The vehicle is used within 150 miles of the farmer’s farm.

(e) The vehicle is not used in the operation of a common or contract motor carrier, as those terms are defined in s. 194.01 (1) and (2), Stats.

Note: Any shipping for payment in cash or kind is considered contract motor carrier operations. s. 194.01 (2), Stats., 49 CFR 390.5.

(6) Firefighters and emergency government workers. No CDL class, endorsement or restriction shall be required of or applied to any person operating a commercial motor vehicle necessary to the preservation of life or property or the execution of emergency government functions provided the vehicles are equipped with audible and visual signals and are not subject to normal traffic regulations when using those signals. Vehicles exempt under this subsection include all of the following:

(a) Fire trucks.

(b) Hook and ladder trucks.

(d) Police SWAT team vehicles.

(e) Ambulances.

(f) Rescue squads.

(g) Command post vehicles.

Note: The original federal waiver permitted operation of vehicles only in response to emergencies or in the routine performance of other duties. The federal government removed that restriction in promulgating 49 CFR 383.3(d)(2), thereby extending the waiver for other non-routine functions such as parades and vehicle repair. This rule making adopts this extended waiver pursuant to the authority provided in s. 343.055 (5), Stats.

(7) Snowplow operators. No CDL class, endorsement or restriction shall apply to a person operating a commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, salting, sanding, or applying other snow and ice treatment chemicals if all of the following apply:

(a) The person is an employee of a local unit of government with a population of 3000 or less.

(b) The person holds a valid license authorizing the operation of class “D” vehicles.

(d) One of the following:

The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle.
Additional assistance is required in plowing snow because the local unit of government has determined that a snow emergency exists.

Note: Wisconsin has not adopted restricted CDL license waivers for the pyrotechnic industry permitted at 49 CFR 383.3(g).

History

CR 04-141: cr. Register May 2005 No. 593, eff. 6-1-05; CR 06-064: (2) (b), (7) (a) to (d) (intro) and 2. renum. from Trans 102.22 (2) and (3) (a) to (d) (intro.), 2. and am. (2) (b); am. (1) and (2), cr. (5) to (7) (intro.) and (d) 1., Register September 2006 No. 609, eff. 10-1-06.

Wis. Admin. Code § Trans 102.24 Investigation and department review {#sec-trans-102.24 omnilex-key=us-wi-regs-official--agency-trans--Trans 102.24}

The department may investigate or conduct a review to determine whether any information, affirmation, or document provided as part of an application submitted under this chapter is authentic. An applicant may be required to appear at the review or to interview with a department investigator. A review may require an applicant to appear at the department’s central office in Madison. Issuance of a product may be denied, or a product that has been issued may be cancelled if the person fails to respond, meet with department investigators, or appear at any scheduled review.

History

CR 23-042: cr. Register April 2025 No. 832, eff. 5-1-25.

Chapter Trans 103 HABITUAL TRAFFIC OFFENDERS

Wis. Admin. Code § Trans 103.01 Purpose and scope {#sec-trans-103.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 103.01}

The purpose of this chapter is to administratively interpret ch. 351, Stats., and to establish department policy and procedure relating to habitual traffic offenders and repeat habitual traffic offenders.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95.

Wis. Admin. Code § Trans 103.02 Definitions {#sec-trans-103.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 103.02}

The words and phrases defined in ss. 340.01, 343.01 and 351.02, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

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

(2) “HTO” means habitual traffic offender.

(3) “License” means operator’s license.

(4) “Major offense” means a conviction for any offense specified in s. 351.02 (1) (a), Stats., or for an offense under any valid ordinance enacted by a local authority under s. 349.06, Stats., or any law enacted by a federally recognized American Indian tribe or band in this state which are in strict conformity with the offenses described in s. 351.02 (1) (a), Stats., and any federal law which is in substantial conformity with the offenses described in s. 351.02 (1) (a), Stats.

(5) “Minor offense” means a conviction under ch. 346, Stats., that is not a major or petty offense, or for an offense under any valid ordinance enacted by a local authority under s. 349.06, Stats., or any law enacted by a federally recognized American Indian tribe or band in this state which are in strict conformity with such ch. 346, Stats., offenses, and any federal law which is in substantial conformity with such ch. 346, Stats., offenses.

Note: See ss. 351.02 (1) (b) and (c).

(6) “Petty offense” means a conviction for which demerit points are not assessed under s. Trans 101.02 (5), except convictions for violation of ss. 346.63 (2m) or 346.63 (5) (a), Stats.

(7) “Release” means the action taken by the department to temporarily or permanently withdraw a suspension or revocation of an operating privilege.

(8) “Repeat HTO” means repeat habitual traffic offender.

Note: The Department’s rationale for distinguishing petty offenses from other offenses is discussed in Lewandowski v. State, 140 Wis. 2d 405, 411 N.W.2d 146 (Ct. App. 1987).

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95; CR 06-041: am. (4) and (5) Register August 2006 No. 608, eff. 9-1-06.

Wis. Admin. Code § Trans 103.03 HTO determination {#sec-trans-103.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 103.03}

(1) In determining the number of offenses accumulated during a 5-year period, the department shall use the date each violation was committed as the basis for the determination.

Note: The use of violation date rather than conviction date was upheld in DeBruin v. State, 140 Wis. 2d 631, 412 N.W.2d 130 (Ct. App. 1987).

(2) The department may count any combination of major and minor convictions to establish an HTO revocation under s. 351.02 (1) (b), Stats.

Note: Any major offense counts under this provision.

(3) The department may not count petty offenses for any purpose in determining whether a person is a habitual traffic offender.

(4) In determining whether to revoke a person’s operating privilege, the department may not count a refusal to submit to chemical testing as a separate incident in determining HTO or repeat HTO status if the refusal arises out of the same incident as a conviction under s. 346.63 (1), Stats., or a local ordinance in conformity therewith, ss. 346.63 (2), 940.09 and 940.25, Stats., or a conviction under the law of another jurisdiction with substantially similar terms or any law enacted by a federally-recognized American Indian tribe or band in this state.

(5) Multiple offenses arising out of one occurrence may be counted as one offense under s. 351.02 (1) (d), Stats., only if the person’s driver record does not show any convictions for minor or major offenses that occurred in the 5-year period preceding the date of the multiple offenses.

(6) Convictions for violations occurring on the same date in different counties shall be presumed to have resulted from separate occurrences for purposes of s. 351.02 (1) (d), Stats.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95.

Wis. Admin. Code § Trans 103.04 Repeat HTO determination {#sec-trans-103.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 103.04}

(1) The department shall revoke the operating privilege of a person as a repeat habitual traffic offender if the person is convicted of either:

(a) Two minor offenses committed during an HTO or repeat HTO revocation period and within one year following issuance of an occupational license to the person pursuant to s. 351.07, Stats., or

(b) One major offense or 4 minor offenses committed during an HTO or repeat HTO revocation period and within 3 years following issuance of an occupational license to the person pursuant to s. 351.07, Stats.

(2) The revocation under sub. (1) shall be imposed regardless of the type of license under which the person was operating a motor vehicle, the classification of the vehicle being operated, or whether the person’s license or operating privilege was valid at the time of the offense.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95.

Wis. Admin. Code § Trans 103.05 Effective dates {#sec-trans-103.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 103.05}

The effective date of HTO and repeat HTO revocations under this chapter shall be the earliest date determined under subs. (1) to (3) as follows:

(1) Except as provided in subs. (2) and (3), the effective date shall be the date the HTO or repeat HTO order is mailed.

(2) If all convictions that formed the basis for an HTO or repeat HTO revocation order occurred in another jurisdiction, the effective date of the HTO or repeat HTO revocation order shall be the date of the latest conviction in another jurisdiction that forms the basis of the HTO or repeat HTO revocation.

(3) If an HTO or repeat HTO revocation order is not mailed within 6 months of the date of the latest conviction that forms the basis for the HTO or repeat HTO revocation order, the effective date of the revocation is the date 6 months after the latest conviction that forms the basis for the HTO or repeat HTO revocation.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95; am. (1), r. (2) and (3), renum. (4) and (5) to be (2) and (3), Register, August, 2000, No. 536, eff. 9-1-00; reprinted to correct printing error Register, January, 2001, No. 541.

Wis. Admin. Code § Trans 103.06 Amendments {#sec-trans-103.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 103.06}

(1) For purposes of this section, “repeat HTO window period” shall mean that period of time following the issuance of an occupational license pursuant to s. 351.07, Stats., during which a person may be subject to revocation as a repeat habitual traffic offender under s. Trans 103.04.

(2) An amended HTO order shall supersede the HTO revocation that it amends and shall state the basis for the HTO revocation as amended and the effective date of the revocation.

(3) An HTO revocation order may be amended when a person is convicted of an offense that occurred during the 5-year period following the date of the earliest offense that formed the basis for the HTO revocation order, except where the offense would make the person a repeat HTO.

Note: If the conviction qualifies the person as a repeat habitual traffic offender, the driver’s operating privilege is revoked as a repeat habitual traffic offender.

(4) A repeat HTO revocation order may be amended when a person is convicted of an offense that occurred during the repeat HTO window period.

(5) An amended HTO or repeat HTO revocation order shall include the offense which prompted an amendment under sub. (2) or (3) and all offenses that were used in the original revocation order, including offenses that may have been purged from the driver’s record at the time of the amendment, but excluding convictions for offenses that have been overturned or vacated or for which a revocation or suspension is stayed pending appeal.

Note: Section 343.325, Stats., requires certain license actions be stayed pending appeal.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95.

Wis. Admin. Code § Trans 103.07 Credit for time previously served {#sec-trans-103.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 103.07}

(1) If an HTO or repeat HTO revocation is released because of an appeal, or a court order to reopen, stay or vacate a conviction that was used as the basis for the revocation, and another HTO or repeat HTO revocation is subsequently imposed using one-half or more of the identical convictions used in the original case, the period of revocation imposed shall be reduced by the period of revocation served under the original revocation.

(2) If an HTO or repeat HTO revocation is released because of an appeal, or a court order to reopen, stay or vacate a conviction that was used as the basis for the revocation, the person is subsequently convicted of the charge or an amended charge, and the person will continue to be classified as a habitual traffic offender under s. Trans 103.03 and s. 351.02 (1), Stats., the released HTO or repeat HTO revocation order shall be reimposed and the revocation period imposed shall be reduced by the period of revocation previously served under that revocation order.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95.

Wis. Admin. Code § Trans 103.08 Release of repeat HTO revocations {#sec-trans-103.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 103.08}

A repeat HTO revocation may be released if the underlying HTO or repeat HTO revocation is released and the person would no longer qualify as a habitual traffic offender or repeat habitual traffic offender.

Note: If the person would qualify as an HTO or Repeat HTO, the original revocation order may be amended under s. Trans 103.06.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95.

Wis. Admin. Code § Trans 103.10 Implementation of 2005 Wis. Act 25 {#sec-trans-103.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 103.10}

(1) Offenses that cannot be counted as minor offenses under s. 351.02 (1) (b), Stats., as amended by 2005 Wis. Act 25, may not be counted as minor offenses under this chapter regardless of violation date, conviction date, or the date the conviction was reported to the department.

(2) The department may reassess the driver license status of any person who has been classified as a habitual traffic offender prior to September 1, 2006, so that all drivers’ classifications are determined in accordance with this chapter.

History

CR 06-041: cr. Register August 2006, No. 608, eff. 9-1-06.

Chapter Trans 104 EXAMINATION PROCEDURES FOR OPERATOR’S LICENSE

Wis. Admin. Code § Trans 104.01 Purpose and scope {#sec-trans-104.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.01}

(1) As authorized by ss. 85.16(1) and 343.02, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 343.03, 343.06 (1) (e), 343.12, 343.135, 343.16, 343.20, 343.25 and 343.32, Stats., relating to procedures used in testing applicants for any classification of operator’s license, endorsements to licenses, and the imposition and removal of license restrictions.

(2) No person may obtain or hold an operator’s license or endorsement, or have any restriction removed from an operator’s license, without meeting all of the requirements of this chapter.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § Trans 104.02 Definitions {#sec-trans-104.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.02}

(1) The words and phrases defined in ss. 340.01 and 343.01, Stats., and s. Trans 112.02, have the same meaning in this chapter unless a different definition is specifically provided.

(2) In this chapter:

(a) “CDL” means commercial driver license.

(b) “Examiner” means a person authorized by the department to test driver license applicants for the purpose of determining license eligibility.

(c) “Exercising ordinary and reasonable control” means operating a motor vehicle in a well controlled manner that demonstrates ordinary abilities in those skills normally graded in a skills test or special examination.

(d) “License classifications” or “license class” means any of the classifications specified in s. 343.17 (3) (c), Stats.

(e) “Pre-trip inspection test” means a demonstration of a person’s ability to conduct the inspection that commercial drivers are expected to perform before driving a commercial motor vehicle on a highway.

(f) “Safety inspection” means a cursory inspection by the department or a third party examiner to determine whether vehicle equipment appears to conform to the requirements of law and is in safe operating condition for the purpose of conducting a driving or special examination.

(g) “Skills test” means an examination of a person’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

(h) “Special examination” means a limited skills test that is administered for the purpose of determining eligibility for licensing or determining whether and how a person’s license should be restricted.

(i) “Third party examiner” means a person who is employed by a third party tester and who holds a valid examiner identification certificate issued by the department to conduct skills tests and pre-trip inspection tests required for commercial driver licenses.

(j) “Third party tester” means a person who is authorized by the department to administer an approved testing program for commercial driver license applicants under s. 343.16 (1) (b), Stats., and ch. Trans 115.

(k) “Vehicle classification” or “vehicle class” means the classification assigned to a vehicle under s. 343.04 (1), Stats.

(L) “Vehicle type” means the type assigned to a vehicle under s. 343.04 (2), Stats.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § Trans 104.03 Knowledge and pre-trip inspection tests {#sec-trans-104.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.03}

(1) Knowledge tests.

(a) Except as provided in pars. (b) and (c), all persons applying for a license, endorsement, or the removal of a license restriction shall take and pass all knowledge tests required under this section for the class of vehicle the person seeks authority to operate, for each endorsement sought, and for each restriction the person seeks to remove. A person whose operator’s license has expired by more than 4 years and who has no proof of valid, licensed operation within the 4-year period preceding application shall take all required knowledge tests as if the person had never been licensed.

(b) A person moving to Wisconsin from another jurisdiction whose operating privilege in the other jurisdiction is not suspended or revoked and who holds a license that is valid or that is not expired by more than 4 years, may not be required to submit to knowledge tests for the classes of vehicles and endorsements held under the other jurisdiction’s license, except that knowledge examinations shall be required if the person is seeking a school bus or hazardous materials endorsement. If the person holds a CDL from the other jurisdiction that is not restricted to prohibit the operation of air-brake equipped vehicles, the person may not be required to take air-brake examinations to avoid imposition of an air-brake restriction.

(c) A person who provides proof of passing a “Class D” knowledge test as part of a driver education program authorized to administer “Class D” knowledge examinations under s. 343.16 (1) (c), Stats., shall not be required to take a “Class D” knowledge examination administered by the department.

Note: Persons who do not speak English are encouraged to advise the Department of the languages they can read and speak when scheduling their examinations. The Department will attempt to accommodate special language needs of applicants.

(2) Types of knowledge tests.

(a) “Class D” license. A person applying for a “Class D” license shall take and pass the basic driver knowledge test.

Note: “Class D” vehicles generally are cars and light trucks. Vehicles which are not commercial motor vehicles or motorcycles are “Class D” vehicles.

(b) “Class M” license. A person applying for “Class M” operating privileges shall take and pass a motorcycle operation knowledge test.

Note: “Class M” vehicles are motorcycles.

(c) Commercial driver license. A person applying for a commercial driver license shall take and pass a CDL knowledge test. All CDL knowledge tests administered by the department shall meet the requirements of 49 CFR 383.110 to 383.135. The knowledge test for a “Class A” license shall include a combination vehicle test.

(d) CDL and school bus endorsements. A person seeking a CDL or school bus endorsement shall take and pass a knowledge test related to the endorsement sought.

(e) CDL pre-trip inspection. A person applying for a commercial driver license shall take and pass a general pre-trip inspection test.

(f) CDL air brake restriction. A person applying for a commercial driver license that is not restricted to prohibit operation of air-brake equipped vehicles shall take and pass an air-brake knowledge test and an air-brake pre-trip inspection test.

(3) Passing score. Knowledge tests, except for air-brake pre-trip inspection tests, shall be scored on the basis of percent of correct responses. A score of 80% or more correct is a passing grade.

Note: Air brake pre-trip inspection tests are scored under s. Trans 104.03(8)(b).

(4) Failed tests. A person who fails a knowledge or pre-trip inspection test may not retake the test sooner than the next day following the failed test. A person who fails a knowledge or pre-trip inspection test 5 or more times within one year may be authorized another attempt only after requesting and receiving permission from the department to do so. Permission to take more than 5 tests in a one year period may be granted if the person demonstrates that he or she has received additional instruction, or some other significant circumstance has changed since the last failed exam, which makes successful completion of the exam more likely.

(5) Knowledge test requirements. A knowledge test may include a highway sign test and shall determine the applicant’s knowledge of traffic laws and related matters, including knowledge of the following:

(a) The rules of the road.

(b) Highway signs.

(d) Safe driving practices.

(e) Fuel efficient operation of motor vehicles.

(f) The effects of alcohol or controlled substance use in connection with the operation of motor vehicles.

(g) The need for anatomical gifts.

(h) The need for vehicle control in the proximity of pedestrians with vision impairments.

(6) Highway sign tests. A highway sign test shall be administered to a person:

(a) Applying for an original or renewal school bus endorsement.

(b) Being re-examined to determine the person’s ability to understand the meaning of common highway signs.

(7) CMV pre-trip inspection tests.

(a) A pre-trip inspection test shall be conducted prior to any commercial motor vehicle skills test on the vehicle in which the license applicant is to be tested.

(b) The pre-trip inspection shall test the person’s ability to inspect vehicle components for road worthiness and shall include identification and inspection of:

Fluid systems for leaks and levels.
Any interference with clear visibility for the driver.
Wheels, rims and tires.
Drive train, suspension, steering and brake systems.
Engine components and belts.
Gauges, meters and indicators.
Lights.
Coupling systems.
Cargo loading and securing.
Trailer or cargo area components.
Required safety and emergency equipment.

(8) Air-brake pre-trip inspection.

(a) An air-brake pre-trip inspection test shall be conducted prior to any commercial motor vehicle skills test on the vehicle in which the license applicant is to be tested if that vehicle is equipped with air brakes.

(b) To pass an air-brake pre-trip inspection a person must successfully complete all of the following air-brake system inspections:

Determine the motor vehicle’s brake system condition for proper adjustment and that air system connections between motor vehicles have been properly made and secured.
Inspect the low pressure warning devices to ensure that they will activate in emergency situations.
Ascertain, with the engine running, that the system maintains an adequate supply of compressed air.
Determine that required minimum air pressure build up time is within acceptable limits and that required alarms and emergency devices automatically deactivate at the proper pressure level.
Operationally test the brake system for performance.
Locate and verbally identify the air-brake operating controls and monitoring devices.
Ascertain whether the emergency braking system will activate properly.
Ascertain, with a fully charged air system and the engine off, the rate at which air is lost from the system.

Note: These tests are required under 49 CFR 383.135 and 383.113(c)(1).

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. (4), cr. (8) (b) 6., 7., and 8., Register, August, 2000, No. 536, eff. 9-1-00; CR 22-048: am. (5) (h) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 104.04 Unauthorized assistance {#sec-trans-104.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.04}

An applicant who cheats or uses unauthorized assistance during any part of a knowledge test shall fail the test and may not be allowed to retake the knowledge test for 7 days. Unauthorized assistance includes assistance from another person, notes, or the use of any materials during an examination, without the prior approval of the examiner. If the infraction is observed during the course of a test, the test shall be immediately ended.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § Trans 104.05 Vehicle safety inspection {#sec-trans-104.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.05}

(1) Inspection required. Prior to conducting any driving skills test or special examination, the examiner shall conduct a safety inspection of the vehicle furnished by the applicant for the test. The examiner may refuse to conduct the skills test or special examination if the test vehicle does not pass a safety inspection or the vehicle is unregistered.

(2) Applicant conduct. The examiner may not conduct a skills test or special examination when:

(a) The applicant refuses to wear a safety belt during the driving skills test, unless the vehicle was manufactured prior to January 1, 1972, and has never been equipped with seat belts.

(b) The applicant refuses to follow required safe driving practices.

Cannot produce evidence of vehicle registration; or
Does not hold a valid instruction permit, temporary operator’s license or driver receipt that authorizes operation for the appropriate class and endorsement of vehicle.

(d) The vehicle is not a commercial motor vehicle, is not registered, and no person has applied to renew the vehicle’s registration. It shall be conclusively presumed that no person has applied to renew the vehicle’s registration if the applicant does not have evidence of filing an application for registration and the vehicle’s registration has expired by more than 30 days.

(e) The vehicle is a motorcycle and the applicant does not wear an approved protective helmet when required under s. 347.485 (1) (a), Stats.

(f) The vehicle is a motorcycle and the applicant is not wearing a protective face shield, glasses or goggles, unless the windshield rises at least 15 inches above the handlebars.

(g) The applicant appears to be impaired by alcohol or a controlled substance, disoriented, or otherwise unfit to operate a motor vehicle.

(3) Vehicle condition. The examiner may not conduct a skills test or special examination when the test vehicle exhibits one or more of the following conditions:

(a) A brake light on either side of the vehicle is not functioning.

(b) A directional signal is missing or inoperable. This does not prohibit testing in a motorcycle that was manufactured without directional signals and on which directional signals have not been installed.

(d) The windshield, a front side window or the back window is defective or missing.

(e) The driver or passenger door is inoperable.

(f) A required inside or outside mirror is defective or missing.

(g) The speedometer is defective, inoperable or missing. This does not prohibit testing in a specially designed vehicle that was not manufactured with a speedometer and on which a speedometer has not been installed.

(h) The horn is defective, inoperable or missing.

(i) The brakes, except the parking brake, are defective, inoperable or missing.

(j) The headlamps or tail lamps are defective, inoperable or missing and are required for visibility or driving conditions during the test.

(k) The tires are defective or excessively worn.

(L) The windshield wipers or defroster are defective, inoperable or missing and are necessary due to weather conditions during the test.

(m) The vehicle lacks a permanently attached front seat for the examiner.

(n) The safety belts in a motor vehicle manufactured on or after January 1, 1972, are missing, inoperable, defective or extremely dirty.

(o) The vehicle is a moped or motor bicycle that does not meet the requirements specified in ss. 347.488 and 347.489, Stats.

(4) In addition to the conditions specified in subs. (2) and (3), an examiner may not conduct a commercial driver license skills test or special examination when the test vehicle exhibits one or more of the following conditions:

(a) Four-way hazard warning lamps are defective, inoperable or missing.

(b) Passenger side access pegs or ladder are defective, inoperable or missing.

(d) The parking brake is defective, inoperable or missing.

(5) In addition to the conditions under subs. (2) and (3), the examiner may not conduct a skills test or special examination for a Type 1 motorcycle when the motorcycle exhibits one or more of the following conditions:

(a) The handlebars are defective, repaired or improvised, or rise more than 30 inches above the lowest part of the top of the seat when occupied.

(b) The motorcycle has a missing or inoperable headlamp.

(d) The footpegs or footrest for the operator are missing.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § Trans 104.055 Graduated driver license requirements and waivers {#sec-trans-104.055 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.055}

(1) Graduated driver license requirements. Except as provided in sub. (2), the department may not issue a probationary driver license to any person less than 18 years of age unless the person has met all of the following requirements:

(a) The person has accumulated at least 30 hours of behind-the-wheel driving experience, at least 10 of which were during hours of darkness. Up to 5 hours of behind-the-wheel driving experience performed with a qualified instructor may be counted at the rate of 2 hours for each hour of actual driving. The department shall require an applicant’s adult sponsor under s. Trans 102.21 to certify that the applicant has met this requirement as a condition of issuing a probationary driver license, except that persons who are permitted to file proof of financial responsibility in lieu of sponsorship under s. 343.15 (4), Stats., may provide that certification.

(b) The person has not received a citation for an offense described in s. Trans 101.10 (1).

(2) Waivers for drivers previously licensed in other jurisdictions.

(a) License holders from other jurisdictions. The department may issue a probationary driver license to a person less than 18 years of age without regard to the length of time the person held any instruction permit and without requiring the certification described in sub. (1) if the person meets all of the following:

The person has been issued a driver license, other than an instruction permit, by another jurisdiction prior to the person establishing Wisconsin residency.
The person certifies that he or she has not been convicted of a violation of law which prohibits issuance of a probationary driver license to a person under 18 years of age within the preceding 6 months, as provided for in s. Trans 101.10 (1).

(b) Instruction permit holders from other jurisdictions. The 6 month period during which a driver less than 18 years of age must hold a Wisconsin instruction permit prior to receiving a driver license in Wisconsin under s. 343.085 (1) (b), Stats., shall be reduced by any amount of time a driver can show he or she was a resident of another jurisdiction and held an instruction permit issued by that jurisdiction.

History

Cr. Register, August, 2000, No. 536, eff. 9-1-00.

Wis. Admin. Code § Trans 104.06 Skills tests {#sec-trans-104.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.06}

(1) Skills tests required.

(a) All persons applying for a license classification not held in this state or another jurisdiction at the time of application, other than an instruction permit, shall take and pass skills tests for the classes and types of vehicles the person seeks authority to operate. A person whose operator’s license has expired by more than 4 years and who has no proof of valid, licensed operation within the 4-year period preceding application shall take all required skills tests as if the person had never been licensed.

(b) A skills test conducted in a “Class A” vehicle may be used as the basis for the issuance of a license authorizing “Class A”, “B”, “C” and “D” privileges.

(c) A skills test conducted in a “Class B” vehicle may be used as the basis for the issuance of a license authorizing class “B”, “C” and “D” privileges.

(d) A skills test conducted in a “Class C” vehicle may be used as the basis for the issuance of a license authorizing “Class C” and “D” privileges.

(e) A skills test conducted in a “Class D” vehicle may only be used as the basis for the issuance of a license authorizing “Class D” privileges.

(f) A skills test conducted in a “Class M” vehicle may only be used as the basis for the issuance of a license authorizing “Class M” privileges.

(2) Administration of skills tests.

(a) Department conducted examinations. All skills tests shall be administered by the department, except as provided in par. (b).

(b) CDL third party tester examinations. CDL skills tests and pre-trip inspection tests may be administered by a third party tester under contract with the department pursuant to s. 343.16 (1) (b), Stats. The department may accept certification from a third party tester that a person has taken and passed required CDL skills tests and pre-trip inspection tests.

(c) Third party examiner audits. Notwithstanding par. (b), as part of its auditing of CDL third party testers, the department may require a CDL applicant who provides a certification of test completion from a third party tester to submit to CDL pre-trip inspection or skills tests administered by the department. In such event, no fee shall be charged for the examinations conducted by the department and the results of those tests shall be used to determine whether a license is issued to the driver, or if a license has already been issued to the driver, whether the license should be cancelled.

(3) License requirements for skills testing.

(a) “Class D” skills tests. No person may take or pass a “Class D” skills test unless the person holds an instruction permit that is more than 7 days old or is reinstating a cancelled, suspended or revoked operator’s license. The following operator’s licenses may be used as authorization to operate a motor vehicle during a skills test under this subsection:

A person may take one “Class D” skills test using an instruction permit that has an expiration date not more than one year prior to the examination date.
A person may take “Class D” skills tests using an expired, cancelled, suspended or revoked operator’s license, other than an instruction permit. The department may require any person who fails an examination conducted under this subdivision to obtain an instruction permit as a prerequisite to any subsequent test if, in the examiner’s opinion, the person needs additional driving skills practice before the person will be capable of passing a skills test.

Note: A person who fails a “Class D” skills test on an expired permit will need to obtain an instruction permit and hold it for 7 or 14 days before the person may be retested. A person who has never held a license will need to obtain an instruction permit before testing. See s. Trans 104.09 (2) and (3).

(b) CDL skills tests. No person may take or pass a CDL skills test unless the person holds a valid CDL instruction permit, temporary operator’s license or driving receipt that authorizes operation of vehicles of the class and type used for the CDL skills test.

(4) Passenger and school bus endorsements. All persons applying for a passenger or Wisconsin school bus endorsement who do not hold such an endorsement at the time of application shall take and pass a skills test designed for those endorsements.

Note: Persons holding school bus endorsements from states other than Wisconsin are required to take and pass Wisconsin school bus endorsement knowledge and skills tests.

(5) Air brakes restriction.

(a) Full skills test. All persons applying for a commercial driver license that is not restricted to prohibit operation of a motor vehicle equipped with air brakes shall take and pass a skills test in an air-brake equipped motor vehicle. This paragraph does not apply to a person holding an unrestricted license from another jurisdiction who is exempt from air brakes testing under s. Trans 104.03 (1) (b).

(b) Abbreviated skills test. A person holding a commercial driver license with proper classes who applies only to remove an air-brake restriction may be administered an abbreviated skills test in an air-brake equipped vehicle. The department may require a driver to retake a complete CDL skills test if the results of an abbreviated skills test lead the examiner to question whether the driver is competent to safely operate a commercial motor vehicle in compliance with the laws of this state.

(c) Air brake examinations not class specific. A person who passes an air-brake examination in any class vehicle is not required to take subsequent commercial driver license examinations in air brake equipped vehicles to avoid imposition of an air-brake restriction.

(6) Skills test requirements.

(a) All skills tests shall examine the following driving skills:

Right and left turn skills.
Operation at intersections.
Roadside stop and start.
Operator’s attention.
Operator’s ability to control the vehicle.
Operator’s obeying the rules of the road.
Urban driving.
Coping with the driving task.
Following safe driving practices.

(b) Any skills test may include a test of the operator’s ability to stop the vehicle quickly.

(7) Commercial motor vehicle skills tests.

(a) All commercial driver license skills tests shall examine the following driving skills:

Railroad crossing procedures, if the vehicle in which the operator is tested is required to stop at a railroad crossing.
Operation on a curve.
Expressway or rural driving.
Downgrade driving.
Upgrade driving.
Backing skills.

(b) A commercial driver license skills test may include an air brake examination if the skills test is conducted in a commercial motor vehicle that is equipped with air brakes. If the vehicle does not have air brakes and the applicant has not previously passed a skills test in an air-brake equipped vehicle, a restriction prohibiting the operation of air-brake equipped vehicles shall be applied to a commercial driver license issued to the person.

(8) School bus endorsement test. All school bus endorsement skills tests shall examine whether the applicant demonstrates sufficient use of both hands and the foot normally used to operate the brake and accelerator, simulated rural student discharge procedures, and railroad crossing stop procedures.

(9) Regular vehicle skills tests. All “Class D” license driving skills tests shall examine the following driving skills:

(a) Backing skills.

(b) Turnabout, Y turn or U turn.

(10) Motorcycle and moped tests. All “Class M” license and “Class D” restricted license for moped or motorcycle operation driving skills tests shall include a U turn.

Note: See ss. 343.08 and 343.135, Stats., for information regarding “Class D” restricted licenses.

(11) Cancellation of skills test or special examination. A skills test or special examination may be canceled or discontinued at any time the examiner determines that it would constitute a hazard to the applicant, the examiner or the public. Grounds for cancelling or discontinuing a skills test or special examination include:

(a) Severe weather.

(b) Hazardous road conditions.

(d) Inability of the examiner to communicate essential traffic instructions to the person taking the test.

(e) Dangerous driving by the applicant.

(f) The applicant appears to be impaired by alcohol or a controlled substance, disoriented, or otherwise unfit to continue the examination.

(12) Assistance prohibited. No person other than personnel authorized by the department may accompany an applicant during the skills test or special examination.

(13) Dangerous driving. A person shall fail a skills test or special examination, regardless of points earned, if the person:

(a) Is involved in any accident which the applicant could have prevented, or contacts any fixed object or pedestrian, except for minor bumper to bumper contact that occurs as part of a parking maneuver.

(b) Commits a dangerous act that causes another person to take a defensive action to avoid an accident or that causes the examiner to warn the driver in order to prevent an accident.

(d) Does not drive attentively.

(e) Demonstrates an inordinate lack of ability, knowledge or skills in any of the following:

Exercising ordinary and reasonable vehicle control.
Coping with the driving task or conditions.
Exercising safe driving practices.

Note: Form MV3543, Commercial Driver Skills Examination Report, MV3544, “Class D” Skills Test and MV3583, “Class M” Skills Test are used by examiners to score examinations. Copies of the forms are provided to applicants as a report of their test results and can be obtained from driver examiners.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. (5) (b) and (6) (a) 3., Register, August, 2000, No. 536, eff. 9-1-00.

Wis. Admin. Code § Trans 104.07 Special examinations {#sec-trans-104.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.07}

(1) Reasons for special examinations. The department may conduct a special examination for any of the following reasons:

(a) To determine whether a person adequately compensates for a medical condition or functional impairment.

(b) To determine whether to remove, add or modify restrictions.

(d) To investigate a report received by the department that a licensed operator may be incompetent or otherwise not qualified to be licensed.

(e) To determine whether the person has the knowledge necessary to operate a motor vehicle with the classes, endorsements and restrictions for which the person is licensed.

(f) To evaluate an applicant from another jurisdiction holding a driver license from that jurisdiction that does not contain any restrictions related to any functional impairment or medical condition for which a restriction is usually imposed by the department.

(2) Special examination skills tests.

(a) Full skills test. A special examination skills test shall be conducted in the same manner as a skills test under s. Trans 104.06 if the department is investigating or evaluating a person’s ability to exercise ordinary and reasonable control in the operation of a representative vehicle.

(b) Limited skills test. A limited special examination skills test may be conducted in a limited area, on a non-standard route, or to test only selected skills if it is administered to:

Evaluate a person’s ability to compensate for a functional impairment or medical condition.
Investigate a driver condition or behavior report.
Evaluate a person’s ability to exercise ordinary and reasonable control of a motor vehicle for the purpose of issuing a license that is restricted to certain areas or times of operation.

(3) Special examination knowledge tests. Special examination knowledge tests shall be the examinations required under s. Trans 104.03 for the license classes and endorsements held by the driver.

(4) Class of vehicles tests. The department shall determine the class and type of vehicle in which a special examination shall be conducted.

(5) Multiple special examinations. More than one special examination skills or knowledge test may be required if the person’s license authorizes operation of more than one class of vehicle or contains endorsements.

(6) Expired licenses. A person may take a special examination for “Class D” vehicles using an expired operator’s license, other than an instruction permit, that has an expiration date not more than 4 years prior to the examination date.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § Trans 104.08 Scoring driving skills tests and special examinations {#sec-trans-104.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.08}

(1) Evaluated driving skills shall be assigned a point value and points shall be awarded for all skills successfully completed or which are not tested.

(2) A passing score for a skills test shall be determined by the accumulated point total for the class and endorsement being tested.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § Trans 104.09 Waiting periods following failed skills tests and special examinations {#sec-trans-104.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.09}

(1) Except as provided in subs. (2) to (5), a person who fails a skills test or special examination shall wait a minimum of one day before retaking the test.

(2) A person who fails a skills test or special examination by 10 points or less, or who fails a skills test because of dangerous driving behavior described in s. Trans 104.06(13)(a), (b) or (d), shall wait a minimum of one week before retaking the test.

(3) A person who fails a skills test or special examination by more than 10 points or because of dangerous driving behavior described in s. Trans 104.06 (13) (e) shall wait a minimum of 2 weeks before retaking the test.

(3m) A person who fails a CDL skills test solely because the person failed both the straight-line and curved-path backing tests shall wait a minimum of one week before retaking the CDL skills test.

(4) Waiting periods under this section include the day of the unsuccessful test.

(5) A person who fails 5 or more skills tests or special examinations within one year may be authorized another attempt only after requesting and receiving permission from the department to do so. Permission to take more than 5 tests or exams in a one year period may be granted if the person demonstrates that he or she has received additional instruction, or some other significant circumstance has changed since the last failed test or exam, which makes successful completion of the test or exam more likely.

Note: See s. Trans 104.12 regarding potential waiver of these time periods in appropriate cases.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. (1), (2) and (5), cr. (3m), Register, August, 2000, No. 536, eff. 9-1-00; CR 22-048: am. (3m) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 104.10 Retesting intervals for certain endorsements {#sec-trans-104.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.10}

(1) School bus endorsements.

(a) Any person who applies to renew a Wisconsin school bus endorsement shall take and pass a school bus knowledge test, vision and hearing screening, highway sign test and an abbreviated skills test in a school bus.

(b) An abbreviated school bus skills test includes at least the following:

Pre-trip inspection.
Simulated rural student discharge.
Railroad crossing stop.

(c) The components of the skills test shall be scored as pass or fail. If a driver commits a moving traffic violation or dangerous act or is involved in an accident, the driver shall fail the skills test.

(d) If a person with a school bus endorsement fails the abbreviated skills test, the person’s school bus endorsement may not be renewed until the person retakes and passes the abbreviated skills test. The department may require a driver to retake a complete driving school bus test if the results of an abbreviated skills test lead the examiner to question whether the driver has the ability to exercise ordinary and reasonable control in the operation of a school bus in compliance with the laws of this state.

(e) A person who holds a license with a school bus endorsement that is restricted from operation of air-brake equipped vehicles may not take a school bus endorsement abbreviated skills test in an air-brake equipped vehicle unless the person first completes all knowledge and skills examinations required to remove an air-brake restriction under ss. Trans 104.03 (2) (f) and (8) and 104.06 (5) (b). The air-brake pre-inspection test and abbreviated air-brake skills test may be conducted as part of a school bus abbreviated skills test.

(f) Persons who are 70 years of age or older and hold a school bus endorsement shall demonstrate their continuing ability to meet the licensing requirements of this subsection at 2-year intervals and shall file a medical certification annually. The 2-year periods described under this paragraph shall be measured from the date of the driver’s preceding examination.

Note: Form MV3030B, Medical Examination Report, is used for school bus medical certification. It may be obtained from a Division of Motor Vehicles Service Center or by writing, Wisconsin Department of Transportation, Medical/Alcohol Review Section, P.O. Box 7918, Madison, WI 53707-7918.

(2) Hazardous materials endorsements. Any person who applies to renew a hazardous materials endorsement or who holds a license from another jurisdiction and applies for an original Wisconsin license endorsed to permit transportation of hazardous materials shall take the hazardous materials knowledge test.

(3) Special restricted licenses. Any person who applies to renew a special restricted license issued under s. 343.135, Stats., shall successfully complete the knowledge and skills tests required for the license that is being renewed.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. (1) (d) and (e), Register, August, 2000, No. 536, eff. 9-1-00.

Wis. Admin. Code § Trans 104.11 Expiration of knowledge and skills tests results {#sec-trans-104.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.11}

The department may not issue any license or endorsement, remove any restriction, nor renew any license or endorsement for which an examination is required based upon examination results that are more than one year old.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § Trans 104.12 Reduction of waiting periods {#sec-trans-104.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 104.12}

The department may reduce the waiting periods specified in ss. Trans 104.06 (3) and 104.09 (2) and (3) in cases where imposition of the required waiting period would impose an undue hardship on a person or the person’s family. The department may reduce the minimum waiting period under this section to such shorter time frame as will permit the license applicant to complete necessary driving practice, but in no event may it be reduced to less than one day. Written application for such a waiver shall be made to the administrator of the division of motor vehicles, or the administrator’s delegate, and shall contain a description of the undue hardship and a planned driving practice schedule. No person may be granted more than one reduction under this section.

History

Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Chapter Trans 105 LICENSING OF DRIVER SCHOOLS AND INSTRUCTORS

Wis. Admin. Code § Trans 105.003 Introduction {#sec-trans-105.003 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.003}

(1) Purpose. This chapter interprets subch. VI of ch. 343, Stats., by creating rules relating to:

(a) The licensing and regulation of commercial driver schools that provide driver training and testing for students and training of instructors.

(b) The licensing and regulation of commercial driver school instructors who provide classroom and behind-the-wheel instructions to customers.

(2) Scope. This chapter applies to all persons operating a commercial driver school for customers or giving instruction in the driving of a motor vehicle to customers except as specifically excluded.

History

CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.

Wis. Admin. Code § Trans 105.007 Definitions {#sec-trans-105.007 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.007}

In this chapter:

(1) “Authorized medical practitioner” means a physician licensed to practice medicine in any state, an advanced practice nurse licensed to practice nursing in any state, a physician assistant licensed or certified to practice in any state, a chiropractor licensed to practice chiropractic in any state, or a Christian Science practitioner residing in this state, and listed in the Christian Science journal.

(2) “Driver school” or “school” has the meaning given in s. 343.60 (1), Stats.

(3) “Instructor” has the meaning given in s. 343.60 (3), Stats.

(4) “Student” means a customer less than 18 years of age who is applying to or is enrolled at a driver school for instruction in driving a motor vehicle.

(5) “Substantiated” in reference to a complaint means that the complaint is written, was submitted to the school or instructor at issue, was not resolved within 10 business days by the school or instructor, and directly involves a matter regulated by subch. VI of ch. 343, Stats., or this chapter, with probable cause to believe that a violation occurred.

(6) “Vehicle” means a 4-wheeled self-propelled device meeting federal motor vehicle safety standards with a minimum capacity of 2 persons.

History

CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.

Wis. Admin. Code § Trans 105.01 Driver school and instructor license applications {#sec-trans-105.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.01}

(1) Information required in the application may include, but is not limited to, the following:

(a) Name of the applicant.

(b) Present address of applicant.

(d) Description of applicant and description of facilities.

(e) Training or experience instructing drivers.

(g) The names of instructors and a list of driver training cars, if applying for driver school license.

(h) Any other information that may be deemed relevant to the decision to grant or deny a license.

(2) Application for a driver school license shall be accompanied by a schedule of maximum fees and charges per hour for instruction of students.

(3) Application for a driver school license shall be accompanied by a copy of the contract or agreement which constitutes the complete agreement for instruction of students.

(4) An applicant for a driver school license may self-certify the condition of its school offices and classrooms to the department on the approved department form submitted with the application unless the office is in a home residence. The self-certification of the school offices and classrooms shall certify all of the following:

(a) The address of any office and any classroom being self-certified.

(b) The measurement and configuration of any office and classroom, including entrances, exits, windows, and records storage.

(d) Two or more licensed driver schools cannot operate out of the same office.

(e) Zoning verification if the office is located in a non-traditional business location.

(f) Access to restroom facilities for classrooms.

(g) Authorization from a public school if public classrooms are used to provide instruction.

Note: Form MV3110 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) 264-7495.

(5) A driver school office in a home residence may be conditionally self-certified if the office is visited and approved by the department prior to filing a school license application, and all of the following requirements apply:

(a) Students are not allowed at the office unless accompanied by a parent or sponsor.

(b) The applicant verifies that local zoning allows the office in a non-traditional business location.

(c) The office complies with the requirements of s. Trans 105.06 (2) (f). Driver schools licensed prior to January 1, 1969 are exempt from this requirement.

(6) An applicant who will be an owner or manager of a driver school shall pass the test, administered by the department, on driver school and instructor criteria. The applicant must receive a minimum score of 80% to pass the test.

History

Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: r. (1) (f), cr. (4) to (6) Register December 2006 No. 612, eff. 1-1-07.

Wis. Admin. Code § Trans 105.015 Cooperative driver testing program {#sec-trans-105.015 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.015}

(1) The department may enter into a cooperative driver testing agreement with the driving school to conduct knowledge tests as permitted by s. 343.16 (1) (c), Stats. Driver schools may administer the knowledge and highway signs tests to students who are currently enrolled in driver education. A driver school that has accumulated 2 or more points in the past 24 months under s. Trans 105.11 may not enter into the testing agreement with the department.

(2) The agreement under sub. (1) is voluntary and can be terminated by either the department or the driver school.

(3) A school that is participating in the cooperative driver testing program under s. 343.16 (1) (c), Stats., may provide the knowledge and highway signs tests required under s. 343.62 (4) (a) 1., Stats., to its own instructors.

History

CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.

Wis. Admin. Code § Trans 105.02 Examination of applicants for instructor’s license {#sec-trans-105.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.02}

(1) Each applicant for an instructor’s license shall take the road test administered by the department. The road test shall be scored in the same manner as are tests given for regular operator’s licenses and shall also include an actual demonstration of procedures and techniques used instructing drivers. Tests required by s. 343.62 (4) (a), Stats., are required of all applicants for original instructor’s license and applicants whose instructor’s licenses have lapsed for one or more years. The department may also require retesting of currently licensed instructors either as a part of a routine retesting program or when it has reasonable cause to doubt the continued competency of any individual instructor. An applicant shall complete a test on instructional procedures or demonstrating teaching skills administered by the department. This test may be administered orally. An applicant must receive a minimum score of 80% to pass the test.

(2) An instructor who has held an instructor’s license for both behind-the-wheel and classroom training, but is no longer eligible for an operator’s license because of a medical condition, may upon request to the department by the school, obtain a classroom-only license.

(4) An applicant for an instructor’s license shall have a medical statement completed within the 24 months prior to the application date by an authorized medical practitioner on a form supplied by the department and submitted to the department with the school renewal. If the applicant has a medical condition that impacts safe vehicle operation, the department may request medical documentation more frequently based on ch. Trans 112.

(5) If the information filed by the authorized medical practitioner is such as to indicate the person is not physically fit to teach driving, the department may require the applicant to submit to further medical examination or deny the license.

(6) An authorized departmental representative may visit classroom sessions and ride in driver training cars during instruction for the purpose of evaluating the teacher’s preparation, knowledge of the subject matter, and teaching ability, and determining if the approved course is being followed.

History

Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (1), renum. (2), (3), (4) to be (4), (5), (6) and am. (4) and (5), cr. (2) Register December 2006 No. 612, eff. 1-1-07; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 105.03 Satisfactory driving record for driver instructor applicant or licensee {#sec-trans-105.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.03}

(1) A person’s driving record shall not be considered satisfactory to hold an instructor’s license if that person:

(a) Has accumulated more than 6 demerit points under s. 343.32 (2), Stats., during a one-year period, as specified in this paragraph and sub. (2).

The one-year period under this paragraph shall be measured from the dates of the violations which resulted in the accumulation of demerit points.
Demerit point reduction under s. Trans 101.07 does not apply to the computation of accumulated points under this paragraph.

(b) Has been involved in 2 or more accidents in a one–year period where the crash report indicates that such person may have been causally negligent. If there is no traffic citation resulting in a conviction associated with the crash, the person is not considered negligent.

(c) Has had his or her operator’s license revoked, suspended or cancelled for a traffic violation other than a parking violation, at any time during the past 4 years, based on the conviction date or upon the effective date of the withdrawal of operating privileges, whichever is earlier.

(2)

(a) If an applicant for an instructor’s license accumulates more than 6 demerit points in a one-year period as provided in sub. (1) (a) in the year preceding application, the department shall deny the instructor’s license until one year elapses from the date of the most recent violation that resulted in the person’s accumulation of more than 6 demerit points.

(b) If a licensed instructor accumulates more than 6 demerit points in a one-year period as provided under sub. (1) (a), the department shall suspend the instructor’s license for a period of one year. The period of suspension shall be measured from the date that the department receives notice of the most recent conviction that resulted in the person’s accumulation of more than 6 demerit points.

History

Cr. Register, November, 1979, No. 287, eff. 12-1-79; am. (1) (c) and (2), Register, October, 1985, No. 358, eff. 11-1-85.; renum. (1) (a) and (2) to be (1) (a) (intro) and Trans 105.035 (1) and am., cr. (1) (a) 1. and 2. and (2), Register, September, 1990, No. 417, eff. 10-1-90; CR 06-089: am. (1) (b) and (c) Register December 2006 No. 612, eff. 1-1-07.

Wis. Admin. Code § Trans 105.035 Fitness for driver school license {#sec-trans-105.035 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.035}

(1) For the purpose of determining the fitness of a person to hold a driver school license under s. 343.62 (4) (a) 8. and 9., Stats., the department shall consider all relevant arrests and convictions, and make such further examinations and checks as it determines are necessary.

(2) The department may not issue or renew a driver school or instructor’s license issued under s. 343.61 or 343.62, Stats., to any person who, during their lifetime was convicted of any of the following state laws or 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) The department may not issue or renew a driver school or instructor’s license issued under s. 343.61 or 343.62, Stats., to any person who within the past 10 years immediately preceding the date of application was convicted of any of the following state laws or 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) The department may not issue or renew a driver school or instructor’s license issued under s. 343.61 or 343.62, Stats., to any person who within the past 5 years immediately preceding the date of application was convicted of any of the following state laws or 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) The department may not issue or renew a driver school or instructor’s license issued under s. 343.61 or 343.62, Stats., to any person who within the past 2 years immediately preceding the date of application was convicted of any of the following state laws or 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:

History

Cr. (2), (1) renum. from Trans 105.03 (2) and am., Register, September, 1990, No. 417, eff. 10-1-90; reprinted to correct error in (2), Register, November, 1990, No. 419, eff. 12-1-90; CR 06-089: am. (1), r. (2), cr. (2) to (5) Register December 2006 No. 612, eff. 1-1-07.

Wis. Admin. Code § Trans 105.04 Driver school administrative procedures {#sec-trans-105.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.04}

(1) Application for a duplicate of a lost or destroyed license shall contain the information set forth in s. Trans 105.01 (1) (a), (b), and (d) and shall be accompanied by a certified statement that the original was lost or destroyed. The fee for a duplicate license is $5.

(2) If a school terminates active participation in the business of teaching driver training for a fee, the school shall immediately forward such license to the department for cancellation. All unissued course completion slips shall be returned to the department.

Note: Form MV3192, course completion slips, may be obtained from the Division of Motor Vehicles, P. O. Box 7920, Madison, WI 53707-7920.

(3)

(a) If a driver school terminates active participation in teaching driver training for a fee, the student shall do either of the following:

Begin the driver training over at a new school if the terminating school does not provide documentation to the new school of what instruction was completed.
Receive credit for the completed hours of driver training instruction when documentation of instruction is provided by the terminating school to the new school, but shall complete the remaining training with another school to meet the required driver education requirement.

(b) If the driver school does not refund the fees for the training paid for but not provided, the customer or the customer’s parent or legal guardian may contact the entity that provided the bond requirements under s. Trans 105.10 for a refund of the fees.

(5) If an instructor is no longer employed with a driver school, the instructor shall surrender his or her license to the driver school. The driver school shall destroy the instructor’s license and notify the department in writing to cancel the license.

History

Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (1) and (2), renum. (3) to be (5) and am., cr. (3) Register December 2006 No. 612, eff. 1-1-07; CR 22-048: am. (3) (b) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 105.05 Driver schools to maintain records {#sec-trans-105.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.05}

(1) The records required by s. 343.71, Stats., shall be made available for inspection at all reasonable times to an authorized representative of the department.

(2)

(a) The records required by s. 343.71 (1m), Stats., shall be kept for 4 years in a readily accessible format, and shall include the following information for each person to whom instruction is given:

The student’s last name, first name and middle initial;
The student’s date of birth;
The student’s home address;
The contract or agreement number; and
The total number of hours of lessons, lectures, tutoring and other instruction or services of any kind relating to motor vehicle operation instructions.

(b) The information required under par. (a) 1. to 4. shall be recorded within 3 business days after the signing of a contract or agreement between the school and the student.

(c) The information required under par. (a) 5. shall be recorded within 3 business days after the last instruction or other service has been received by the student.

(3) The records required by s. 343.71 (1m) (a), Stats., shall be in the form of an individual student record for each person listed in the records required by s. 343.71 (1m), Stats. Such record shall show the student’s name, date of birth, and address, and contract or agreement number, dates, types, duration and fees charged, lecture, tutoring, period of instruction or other service relating to instructions in the operation of motor vehicles; the name and license number of the instructor having given each lesson or period of instruction or service relating to instruction in the operation of motor vehicles, and identification of the vehicle in which any behind–the–wheel instruction was given. Schools participating in the cooperative driver testing program under s. Trans 105.015 shall also record the knowledge and highway signs scores for all tests attempted in the student record. The information required by this section shall be entered on the student record within one business day after the completion of each lesson.

(4) To be approved, the agreement form required to be filed by s. 343.71 (1m) (b), Stats., shall be consecutively numbered, contain the date of application, name of school, type or types of lessons, lectures, tutoring or instruction to be given, fee to be charged or the word none if no charge, the statement, “This constitutes the entire agreement between the school and the customer and no verbal statement or promises will be recognized,” signature of customer, signature of student’s parent or guardian for customers under the age of 18, address of customer, and signature of owner of school or owner’s authorized representative.

(6) The loss, mutilation, or destruction of records required under this section shall be reported immediately to the department by affidavit, stating:

(a) The date such records were lost, destroyed, or mutilated;

(b) The circumstances involving such loss, destruction, or mutilation; and

(c) To whom and when the loss was reported, if the circumstances of the loss warranted a report to the local law enforcement agency or fire department.

History

Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (2) (a) (intro.), (b), (c), (3) and (4), r. (5) Register December 2006 No. 612, eff. 1-1-07; CR 22-048: am. (4) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 105.06 General rules for conducting driver schools {#sec-trans-105.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.06}

(1) Licensees shall issue receipts for all fees collected.

(2) To be approved by the department, a driver school’s specific place of business required by s. 343.61 (4) (b), Stats., shall:

(b) Be in an area zoned to permit this type of business or a variance that authorizes the business to operate at this address. The department may require the applicant to furnish written proof thereof from the municipality where the driver school is located.

(c) Contain sufficient space, designated as the office facility, with equipment and personnel to properly maintain and secure the records required by s. 343.71, Stats., and this chapter.

(d) Not consist of a tent, temporary stand, house trailer, hotel room, room in a rooming house or temporary address.

(e) Not consist solely of a telephone answering service. Each school shall have a listed telephone number for the driver training school, in the school’s name.

(f)

Not consist of or include a single or multiple family residence, unless it is a separate room with direct entrance from outside of the residence. This paragraph applies to driver schools first licensed on or after January 1, 2007.
Not consist of or include a single or multiple family residence, unless it is separated from residential use by a door or partition and it can be reached from the outside without entering the residential rooms of the building. This paragraph applies to driver schools first licensed between January 1, 1969 and January 1, 2007. Driver schools licensed prior to January 1, 1969 are exempt from this requirement until either the location or ownership is changed.

(3) Any facility to be used as a classroom shall be designated in writing by the licensee, and no instruction shall begin without written authorization by the department. Authorization by the department does not supersede local ordinances or the building, heating and ventilation code established by the department of industry, labor and human relations relating to public health, safety and sanitation. The department shall consider the following criteria in determining the suitability of the classroom learning environment:

(a) Size of room at least 20 square feet per occupant.

(b) Cleanliness.

(d) Audio-visual aids.

(e) Adequacy of lighting, heating and ventilation.

(f) Availability of restroom facilities.

(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.

(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:

(a) The department relocates or establishes a new office within 1500 feet of an existing driver school.

(b) The municipality where the department office is located has a population less than 15,000.

(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.

(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.

(7) Licensees may advertise only by the school name shown on its license.

(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.

(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.

(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.

(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:

(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.

(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.

Note: 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.

(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.

(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.

(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.

History

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.

Wis. Admin. Code § Trans 105.07 Special rules for instruction of students under 18 years of age {#sec-trans-105.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.07}

(1)

(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.

(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.

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:

b. Responsibility of vehicle operation.

c. Mechanical and control features of the vehicle.

d. Environmental dynamics of driving.

e. Driving procedures: Pre-driving skills and basic maneuvers.

f. City driving.

g. Rural driving.

h. Freeway driving.

i. Psychophysical aspects of driving.

j. Vehicle ownership.

k. Traffic citizenship and highway safety progress.

L. Instruction required under s. 343.71 (5), Stats.

Note: This includes hazards posed by farm machinery, 30 minutes of instruction on organ and tissue donation, and information on motorcycle, bicycle, and pedestrian awareness.

The behind-the-wheel course shall cover, but is not limited to the following:

a. Introduction to the automobile.

b. City driving.

c. Left and right turns.

d. Backing and Y turns.

e. Parking.

f. Rural driving (including multiple lane and freeway if possible).

Each classroom lesson plan shall cover no more than 2 hours. Each behind–the–wheel lesson plan shall cover no more than one hour. Lesson plans shall be kept on file with the driver school. The lesson plan shall specify the following:

a. Title of lesson.

b. Session number.

c. Time allotted to this lesson.

d. Type of lesson (method; such as lecture, demonstration, informal discussion, role playing, laboratory, drill and practice, test, etc.).

e. Training aides (chalkboard, slide projector, etc.).

f. Statement of objectives.

g. Reference material (textbooks, pamphlets, movies, film strips, slides, charts, etc.).

h. Detailed lesson outline (which includes an introduction, development and summary with assignment for next lesson).

(c) A student who satisfactorily completes the approved course and satisfies all financial obligations required by the student’s contract with the school shall be given a certificate of completion on a form approved by the department.

(2)

(a) In order to be eligible for approval under this section, a classroom phase of instruction shall consist of 30 clock hours in the classroom, extending over a minimum of 3 weeks for each student at no more than 2 clock hours per day. A course is not approved when students begin the class on alternate days. All students must be present for every session except if a student is absent for any legitimate reason, the absence must be marked on the student’s record and the lessons missed must be made up. Classroom instruction and behind–the–wheel instruction may be given concurrently only if both phases are given by the same school.

(b)

In order to be eligible for approval under this subsection, a behind-the-wheel phase of instruction shall consist of 6 clock hours of observation in the vehicle and 6 clock hours of actual vehicle operation. This phase shall extend over a minimum of 3 weeks for each student with no more than 1 hour of behind-the-wheel driving and no more than 2 hours of observation each day.
Behind-the-wheel instruction may be substituted for observation if the agreement specifies the hours and cost of both the basic course and the alternate. This substitution may be on a ratio of 1 hour of driving to 2 hours of observation.

Note: Example: 7 hours driving and 4 hours observation or 8 hours driving and 2 hours observation or 9 hours driving and no observation.

(3) For behind-the-wheel only instruction, a licensee may not begin behind-the-wheel training with a new student unless certified proof of completion of an approved classroom phase is on file with the agreement in the licensee’s office. However, this subdivision does not apply if the student is either enrolled in an approved behind–the–wheel phase at a different school or has completed the approved course, and the agreement specifies that the instruction does not qualify the student to apply for a license under s. 343.06 (3), Stats.

(4)

(a) Licensees not meeting the requirements of sub. (2) (a) and (b) shall be restricted to instruction of students who are 18 years of age or over.

(b) Licensees meeting the requirement of sub. (2) (b) but not (2) (a) shall be restricted when instructing students under 18 years of age to a behind-the-wheel course only.

(c) Licensees may employ instructors who are licensed to teach adults only, so long as those instructors are not involved directly or indirectly in the instruction of persons under 18 years of age.

(5) All applicants for an instructor’s license shall have satisfactorily completed 40 clock hours of classroom instruction in safety and driver education as given by an approved driving school instructor training program as a minimum requirement to teach students except that:

(a) Instructors licensed prior to January 1, 1971 with more than 1 year experience teaching students in a complete course of instruction as set forth in sub. (2) (a) and (b) are exempt from this requirement.

(b) Instructors licensed prior to January 1, 1971 with more than 1 year experience teaching students in a behind-the-wheel course as set forth in sub. (2) (b) are exempt from this requirement only to continue teaching a behind-the-wheel course.

(c) Teachers who are at the time of application certified to teach driver education in secondary schools or technical colleges by current rules of the department of public instruction or the technical college system board are exempt from this requirement.

(6) Applicants for instructor’s license renewal whose license has been expired for 4 years or more must satisfactorily complete the course specified in sub. (5), unless certified as specified in sub. (5) (c).

(7) An applicant for an instructor’s license renewal shall attend at least one approved traffic safety related workshop or conference per licensing period.

History

Cr. Register, November, 1979, No. 287, eff. 12-1-79; corrections in (5) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488; CR 06-089: am. (1) (b) (intro.), 1. (intro.), 3. (intro.), (c), (2) (a), (3) and (5) (intro.), r. (1) (b) 1. a. and (5) (d), cr. (1) (b) 1. L. and (7) Register December 2006 No. 612, eff. 1-1-07; CR 22-048: am. (1) (c) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 105.09 Time period for review and determination of eligibility {#sec-trans-105.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.09}

(1) A determination of the eligibility for instructor’s license shall be made no later than the close of the business day 5 full business days after the day a complete application is received by the department’s bureau responsible for driver schools and instructors. An application is complete when:

(a) All the required sections of the application are accurately completed.

(b) All examinations have been passed.

(2) A determination of the eligibility for a driver school license shall be made no later than the close of the business day, 5 full business days after the day a completed application is received by the department’s bureau responsible for driver schools and instructors. An application is complete when:

(a) All the required sections of the application are accurately completed.

(b) All the applicable requirements of this chapter including inspection of place of business, required records, driver training cars, insurance policy and driver education program have been completed or are available for review.

(3) When a hearing is provided it will be held after the determination of eligibility by the department. Hearings for driver schools and instructors are held by the division of hearings and appeals as required by s. 343.69, Stats.

Note: Applications can be obtained from, and should be returned to: Department of Transportation, Bureau of Driver Services, Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin 53702.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488.

Wis. Admin. Code § Trans 105.10 Insurance and bond requirements {#sec-trans-105.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.10}

(1) A driver school 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.

(b) Adjust the insurance amounts under par. (a) every 5 years by multiplying the requirement amounts by the percentage increase of the consumer price index from January 1, 2007 to January 1 of the next fifth year [2012, 2017] and adding that amount to the amounts in par. (a) rounded to the nearest $10,000 increment.

(d) File certification of insurance with the department.

(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 schools shall file a bond or acceptable alternative based on size and performance. The size of the school and points assessed during the last previous license period shall be used to calculate the bond amount.

(3) Customer shall apply to bond company if obligations of the training contract cannot be met.

(4) Points are assessed based on violation frequency and severity. Points are assessed based on the system specified in s. Trans 105.11.

(5) Certification of the bond must be filed with the department at renewal of the school license.

History

CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.

Wis. Admin. Code § Trans 105.11 Driver school point system {#sec-trans-105.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.11}

(1) The department may assess points against a driver school or instructor that has violated any provision in ss. 343.60 to 343.72, Stats., or rules interpreting ss. 343.60 to 343.72, Stats., that constitute grounds for the suspension or revocation of their license. The department shall provide a licensee or applicant written notice of a point assessment. Written notice of a point assessment shall specify the reasons for the point assessment. All points assessed by the department shall remain in effect for the duration for the next 24 months, and any new point assessments shall be added to the existing point total for that licensee throughout the next 24 months.

(2) The department shall use the points assessed to determine the amount of bond required for the next licensing period.

(3) The department may take licensing action under the system of progressive enforcement described in s. Trans 105.12, based on the number of points assessed. If applicable, the written notice specified in sub. (1) may include the issuance of a complaint to revoke or suspend a license, a written stipulation to a conditional license, a civil forfeiture complaint, or notice of denial of a license.

(4) Points shall be assessed according to the following scale:

(a) Six points are assessed for any of the following:

Having one’s school or instructor license withdrawn.
Having 6 or more substantiated customer complaints within a license period.
Providing documentation or information to the department on any matter regulated by subch. VI of ch. 343, Stats., or this chapter which contains a false statement as to any material matter.
Permitting actions that could harm the customer physically or financially.
Performing work duties after consuming any alcohol or controlled substance or other drug that impairs ability to drive a motor vehicle.
Failing to comply with DMV warning letter.
Substantiated complaint from a parent, legal guardian or customer of inappropriate conduct or actions with the customer.
Violating ss. 343.60 to 343.72, Stats., that significantly harm highway safety.
Instructing at a driver training school without the proper license.

(b) Four points are assessed for any of the following:

Not complying with renewal criteria within 30 days of written request by DMV.
Having 5 substantiated customer complaints in a license period.
Continuing to use a vehicle that is out of service for driver training.
Having not filed school insurance and/or bond with the department.
Failing to resolve audit violations or discrepancies in time specified.
Filing complaints about another school that are not substantiated.
Soliciting complaints or providing training prior to licensure.
Insolvency or bankruptcy.
Failing to timely pay debts owed the state.
Violating ss. 343.60 to 343.72, Stats., that result in unfair advantage to a school or harms another school.

Having 4 substantiated customer complaints within a license period.
Not filing required vehicle inspections with the department.
Not notifying the department when students are no longer enrolled.
Having a significant discrepancy in business records.
Providing a student with a signed MV3001 document prior to receipt of a signed contract or agreement.
Violating ss. 343.60 to 343.72, Stats., that do not harm the customer or impact highway safety.

(d) One point is assessed for either of the following:

Three substantiated customer complaints within a license period.
Violation of s. 343.61 (4) (b), Stats., relating to office location and facility locations.

History

CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07; correction in (4) (d) 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 105.12 Progressive enforcement actions {#sec-trans-105.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 105.12}

(1) Before recording points, the department shall notify the school or the instructor of the reason for the proposed action. The school or instructor may respond within 10 days. Upon due consideration the department shall act. The department may:

(a) Record points assessed to driver schools under s. Trans 105.11.

(b) Record points assessed to instructors, including points assessed by a driver school the instructor has worked for or owned previously. Points assessed to instructor may also be assessed to a school.

(d) Record less than the assessed points.

(2) Based on the points assessed to driver schools and instructors under s. Trans 105.11 in the past 24 months, the following enforcement actions shall apply:

(a) Level one enforcement action – one point assessed. An advisory letter may be sent to the driver school or instructor, asking for corrective action.

(b) Level two enforcement action – one to 3 points assessed. The department may conduct an on-site inspection or audit. An advisory letter shall be sent. If a situation is unresolved after time specified in the advisory letter, the department may issue a conditional license under s. 343.61 or 343.62, Stats., restricted to classroom instruction only. Vehicles used by the driver school may also be ordered out of service, if the violation is related to the vehicle inspection. The restricted license may remain in effect until situation is resolved.

(c) Level three enforcement action – 4 to 6 points assessed. A warning letter may be sent. The licenses issued under s. 343.61 or 343.62, Stats., may be revoked, suspended, or denied for 90 days.

(d) Level four enforcement action – 6 or more points assessed. The licenses issued under s. 343.61 or 343.62, Stats., shall be revoked, suspended, or denied for 4 months to one year, based on point accumulation.

(3) All points assessed, administrative licensing suspensions, revocations, denials, or conditional licenses issued may be appealed under ch. 227, Stats.

History

CR 06-089: cr. Register December 2006 No. 612, eff. 1-1-07.

Chapter Trans 106 CERTIFICATION OF TRAFFIC SAFETY PROGRAMS AND INSTRUCTORS

Wis. Admin. Code § Trans 106.01 Purpose and scope {#sec-trans-106.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.01}

(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.

(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.

Note: 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.

History

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

Wis. Admin. Code § Trans 106.02 Definitions {#sec-trans-106.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.02}

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:

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

(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.

(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.

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

(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.

(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.

(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.

(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.

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

(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.

(9) “OWI” means operating while intoxicated.

(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.

(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.

(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.

(13) “WTC” means Wisconsin technical college system.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. (1), (7) and (8) to be (1m), (8) and (12), cr. (1), (7), (10), (11) and (13), r. and recr. (4) and (9), Register, March, 1996, No. 483, eff. 4-1-96; correction in (2) made under s. 13.93 (2m) (b) 7, Stats., Register, April, 2000, No. 532.

Wis. Admin. Code § Trans 106.03 General rules for conducting traffic safety programs {#sec-trans-106.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.03}

(1) General traffic safety, group dynamics and multiple offender traffic safety programs and their curricula shall be approved by the department.

(2) A general traffic safety program shall meet the following conditions:

(a) Only one traffic safety school program may be certified in each WTC district.

(b) Within each program, all site locations shall be approved by the department and issued a site certification number. Population density shall be considered in the approval process.

(d) Classroom instruction shall be a minimum of 12 hours. Sessions shall be held not less than once per month nor for a period of greater than 4 months, and may not exceed 6 hours per week.

(e) Class size may not exceed 20 students. Any exceptions to this limit shall be approved by the traffic safety school program manager prior to course completion.

(3) A group dynamics traffic safety program shall meet the following conditions:

(a) Only one group dynamics traffic safety school program may be certified in each WTC district unless the department determines that there is a need for additional programs in a district.

(b) Within each program, all site locations shall be approved by the department and issued a site certification number. Population density shall be considered in the approval process.

(d) Classroom instruction shall be a minimum of 21 hours. Sessions shall be held not less than once per month nor for a period of greater than 4 months, and may not exceed 6 hours per week, and shall include an exit interview.

(e) Class size may not exceed 15 students. Any exceptions to this limit shall be approved by the traffic safety school program manager prior to course completion.

(4) A multiple offender traffic safety program shall meet the following conditions:

(a) Only one multiple offender traffic safety school program may be certified in each WTC district unless the department determines that there is a need for additional programs in a district.

(b) Within each program, all site locations shall be approved by the department and issued a site certification number. Population density shall be considered in the approval process.

(d) Classroom instruction shall be a minimum of 30 hours. Sessions shall be held not less than once per month nor for a period of greater than 4 months and may not exceed 6 hours per week, and shall include an exit interview.

(e) No class may have more than 12 students. Any exceptions to this limit shall be approved by the traffic safety school program manager prior to course completion.

(f) A family member or friend who is significant in the life of the student shall be involved in the course as is designated by the department approved curriculum.

(g) A follow-up session shall be held with the student 3 months after completion of the basic 30 hours of the course. The session shall follow the guidelines of the department approved curriculum.

(5) A school shall notify the department, the assessment facility, and the student of a student’s compliance or noncompliance with the requirements of the school as specified in sub. (6) and as required by ss. 343.30 (1q) (d) and 343.305 (10), Stats.

(6) Satisfactory completion of the course shall require all of the following:

(a) Except as provided in subds. 3. to 5., attendance at all scheduled classes.

A student shall attend the first class session. If the student fails to attend the first class, the student shall either be allowed to register for another class within 10 business days or shall be placed in noncompliance.
A student may be excused only if the student is hospitalized, under a doctor’s care, attending an immediate family member’s funeral, or has a family health emergency or an emergency work situation. Verification of the excusable absence is required.
No student who is tardy by more than 20 minutes may receive credit for the class. Only one tardy, less than 20 minutes, shall be allowed.
Only one excusable absence shall be permitted in a course. No absence may be allowed for classes which meet for more than 3 hours.
If an excusable absence occurs, the missed time shall be made up to the satisfaction of the instructor.

(b) Completion of all course requirements, whether assigned to be completed during class or during other times.

(d) Compliance with the requirement that no alcohol, other drugs or disruptive behavior shall be permitted in the class.

(e) A student who enrolls for the third time in a group dynamics or multiple offender traffic safety course shall complete the entire course before the student is eligible for the return of an operator’s license.

(f) A student shall complete a program within one year from the date of the student’s assessment unless the driver safety plan is extended by the assessment agency.

(7) After a student completes a course, the school shall do all of the following:

(a) File the original course completion certificate with the department within 30 days following the course completion date.

(b) Retain a copy of the course completion certificate and provide a copy to the following:

The court, when required.
The assessment agency, when required.
The student.

(8) During a course, a student may request a 3 point reduction in the points assessed against the student’s operator’s license. Within 30 days after the student completes a course, a student may notify the department in writing that the student has changed the student’s position about point reduction. Pursuant to s. 343.32 (5), Stats., and s. Trans 101.07 (1), the 3 point reduction is conditioned on satisfactory completion of an approved program.

(9) A quarterly report on a form provided by the department shall be completed by each school and submitted to the department.

(10) A school shall use the student and instructor evaluation reports found in the approved curriculum. If such evaluations are not part of an approved curriculum, the school shall develop its own forms, which shall be submitted to, and approved by, the department.

(11) A school shall evaluate all certified instructors during each certification period. An evaluation shall be based on a visitation to at least one of an instructor’s class sessions. An instructor evaluation form completed for every instructor shall be filed with the department and a copy given to the instructor. In those cases where the designated coordinator is also an instructor, the designated coordinator shall be evaluated by the designated coordinator’s immediate supervisor. If an instructor teaches at more than one school, only one evaluation is required to be filed with the department. The evaluation to be filed shall be determined mutually by the schools involved.

(12) A school and its instructors shall participate in 6 hours of in-service training during each 2-year certification period. Attendance at all department-sponsored in-services is mandatory.

(13) A school may transfer a student to another location, but it shall report the transfer to the department, in writing as designated by the department, and forward a copy to the assessment agency of record.

Note: Forms MVD 3301, MV 3302, MV 3304.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. (1), (2) (intro.), (a), (d) and (e), r. (3), renum. (4) to (13) to be (3) to (12) and am. (3) (intro.), (a), (d) and (e), (4) (intro.), (a), (d) to (g), (5), (6) (intro.), (a), (e) and (f), (8), (10) to (12), cr. (13), Register, March, 1996, No. 483, eff. 4-1-96.

Wis. Admin. Code § Trans 106.04 Cancellation of traffic safety school certification {#sec-trans-106.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.04}

(1) A school certification may be suspended or cancelled for failure to comply with s. Trans 106.03.

(2) The appeal process for any school or instructor wishing to appeal the cancellation of a certification is as follows:

(a) A school or instructor may request a redetermination. The request for redetermination shall be written and shall set forth clearly and concisely the specific grievances to the action, including a statement of the relevant facts and provisions of law upon which the request is based.

(b) A request for redetermination shall be filed with the manager of the division of motor vehicles traffic safety school program and shall be received by the division of motor vehicles traffic safety school program within 30 days of the date that the department cancelled the certification.

(c) The division of motor vehicles traffic safety school manager, the supervisor of that position and the director of the bureau of driver services shall conduct a determination and shall notify the requestor of their decision within 30 days of receipt of the request for redetermination.

(d) If aggrieved, the requestor may, within 30 days of the date of the division’s redetermination, appeal the division’s redetermination by filing a written petition to the department of administration, division of hearings and appeals. The decision of the division of hearings and appeals is the final administrative decision but is subject to judicial review under s. 227.52, Stats.

Note: The Division of Hearings and Appeals is located at 5005 University Avenue, Suite 201, Madison, WI 53705.

(3) Any school found to be in violation of s. Trans 106.03 shall first be placed on a 6 month probation. Written notice of the probation and the reasons for the probation shall be provided. Written notification of the action taken to eliminate the deficiencies existing at the time the school was placed on probation shall be provided by the school at the end of the probation period. If deficiencies have not been eliminated, the school’s certification shall be cancelled.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. to be (1), cr. (2) and (3), Register, March, 1996, No. 483, eff. 4-1-96.

Wis. Admin. Code § Trans 106.05 School recertification after denial or cancellation {#sec-trans-106.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.05}

A school may be recertified after denial or cancellation of certification if the school submits an application to the department accompanied by letters or other documents that provide sufficient information about the methods for change it has initiated or accomplished. A recertification decision shall be based on the action taken to eliminate the deficiencies that existed at the time of the denial or cancellation.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92.

Wis. Admin. Code § Trans 106.06 Instructor certification standards {#sec-trans-106.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.06}

(1) To obtain a department instructor certification, a person shall do all of the following:

(a) Hold a valid motor vehicle operator’s license from the department or from the appropriate authority in the other jurisdiction in which the person resides. A nonresident shall provide the department with all of the following:

A record of the nonresident’s operator’s license status and traffic convictions at the time of application for certification.
A report of any traffic conviction, while the person is certified, within 30 days of that conviction, whether it occurs in Wisconsin or another jurisdiction.

(b) Have a satisfactory driving record.

An applicant may not be certified until 6 months from the date of conviction of the violation which places the point total over 6 points or until one year from the date of an OWI conviction.
An applicant is not eligible to receive a 3 point reduction by completing a traffic safety school course.

(c) Attend and observe all class sessions of the course for which the applicant has applied to be certified. All the sessions attended shall be taught by a certified program instructor.

(d) Submit to the department an instructor certification application for each school.

(2) An instructor’s certification is valid from the date of the department’s approval until July 1 of an odd-numbered year.

(3) A certified instructor shall do all of the following:

(a) Adhere to the procedures and curriculum established by the department and the school.

(b) Teach all sessions of each course for which the instructor is certified at least once during a certification period. A newly certified instructor shall teach the course for which the instructor is certified within 6 months after the date of receiving the certification.

(4) An instructor’s failure to maintain a satisfactory driving record shall result in suspension of the instructor’s certification for 6 months from the date of conviction for the violation which places the point total over 6, or for one year from the date of an OWI conviction. If additional points are incurred or the instructor is convicted of OWI during that suspension period, the instructor’s certification shall be cancelled. An instructor is not eligible to receive a 3 point reduction by completing a traffic safety school course.

(5) A group dynamics traffic safety instructor shall meet the requirements of s. Trans 106.07. A multiple offender instructor shall meet the requirements of s. Trans 106.08. A general traffic safety instructor shall meet the requirements of s. Trans 106.09.

Note: Form MV 3306.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. (1) (a) 1., (b), (c), (3) (b), (4), (5), cr. (1) (b) 1. and 2., Register, March, 1996, No. 483, eff. 4-1-96.

Wis. Admin. Code § Trans 106.07 Group dynamics traffic safety program instructor qualifications {#sec-trans-106.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.07}

To be certified, a group dynamics traffic safety instructor shall meet at least 2 of the following 3 subsections, including sub. (1) (a), (2) (a) or (3) (a) from at least one subsection, at the time of application. An individual who does not meet a requirement specified in sub. (1) shall monitor a general traffic safety course:

(1) Traffic safety experience equal to one of the following:

(a) Two years of occupational experience, or a comparable amount of experience and education in the area of traffic safety or a related field, such as driver education, law enforcement, fleet safety management, or experience in a safety related position with the division of motor vehicles.

(b) Monitor the WTC general traffic safety course plus have completed a one semester, or 45 hour, traffic safety studies or accident prevention course.

(2) AODA experience equal to one of the following:

(a) Two years of occupational experience or a comparable amount of experience and education in the area of AODA counseling, education, or treatment or related fields, such as student assistance program director or employee assistance program director.

(b) Completed a minimum of 45 hours in an accredited college level course in the area of AODA education or treatment.

(3) Group process experience equal to one of the following:

(a) Two years occupational experience in group process work or group counseling as a treatment or education professional.

(b) Completed a minimum of 45 hours in an accredited college level course in the area of group work methods, group counseling or group process.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; r. and recr. Register, March, 1996, No. 483, eff. 4-1-96; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 106.08 Multiple offender traffic safety program instructor qualifications {#sec-trans-106.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.08}

To obtain certification, a multiple offender traffic safety instructor shall:

(1) Meet the minimum requirements of s. Trans 106.07.

(2) Teach at least 3 group dynamics courses in their entirety or have a bachelor’s or master’s degree in guidance counseling, psychology, behavioral studies or social work.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; r. and recr. Register, March, 1996, No. 483, eff. 4-1-96.

Wis. Admin. Code § Trans 106.09 General traffic safety program instructor qualifications {#sec-trans-106.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.09}

To be certified, a general traffic safety program instructor shall have a minimum of traffic safety experience equal to one of the following:

(1) Two years of occupational experience, or a comparable amount of experience and education in the area of traffic safety or a related field, such as driver education, law enforcement, fleet safety management, or experience in a safety related position with the division of motor vehicles.

(2) Monitor the WTC general traffic safety course plus have completed a one semester, or 45 hour, traffic safety studies or accident prevention course.

History

Cr. Register, March, 1996, No. 483, eff. 4-1-96.

Wis. Admin. Code § Trans 106.10 Denial or cancellation of instructor certification {#sec-trans-106.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.10}

An instructor certification shall be denied or cancelled for any of the following reasons:

(1) Unsatisfactory driving record as defined in s. Trans 106.06 (1) (b).

(2) Unsatisfactory classroom performance in the classroom, based on either of the following:

(a) Excessive or continual deviation from the department approved curriculum.

(b) Failure to adhere to traffic safety program policies.

(3) Report of a conviction of a violation which occurred as the result of alcohol or controlled substance use.

(4) Failure to teach the program during the previous certification period.

(5) Failure to participate in mandatory department or school workshops or in-service training activities.

(6) Falsifying an instructor certification application or a course completion certificate.

(7) Instructing a course for which an individual is not certified.

Note: Forms MV 3304 and MV 3306.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. from Trans 106.09, am. (3) and (4), cr. (7), Register, March, 1996, No. 483, eff. 4-1-96.

Wis. Admin. Code § Trans 106.11 Instructor recertification after denial, cancellation or expiration {#sec-trans-106.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.11}

(1) An instructor may be recertified after denial, cancellation or expiration of certification if the instructor submits an instructor certification application approved by the program coordinator and accompanied by a letter or other document that provides information and assurances about the action taken to eliminate the deficiencies existing at the time of denial or cancellation. In addition to the above, the letter shall verify that the instructor has:

(a) Monitored all courses for which the instructor wishes to be certified if it has been 2 years since the expiration or cancellation.

(b) Has a satisfactory driving record.

(2) The department’s recertification decision shall be based on the appropriateness of the action taken in response to the deficiencies.

Note: Form MVD 3306.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. from Trans 106.10 and am. Register, March, 1996, No. 483, eff. 4-1-96.

Wis. Admin. Code § Trans 106.12 Advisory council {#sec-trans-106.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 106.12}

(1) A traffic safety school advisory council is established to recommend to the department uniform standards and guidelines for initiating and maintaining statewide traffic safety school programs and to promote interagency relations concerning the education and rehabilitation of persons who have driven while intoxicated or have demonstrated other unsafe driving practices.

(2) Members of the council shall include representatives from the office of transportation safety, the American automobile association, the board of the WTC, the department of public instruction, the department, the county assessment agencies, and a representative from each of the traffic safety school programs.

(3) The functions and responsibilities of the council include all of the following:

(a) Recommending program guidelines, such as length of program, curriculum, instructor qualifications, fees, state and regional in-service training, evaluation criteria, program changes, coordinator responsibilities, program supervision, education techniques and program procedures for communicating with law enforcement agencies, prosecutors, courts, alcohol and other drug abuse referral agencies, the department and other agencies.

(b) Promoting program cooperation among law enforcement agencies, prosecutors, courts, treatment centers, assessment agencies, educational agencies, the board of the WTC, the American automobile association and the department.

(d) Furthering traffic safety school program public relations and education.

(e) Reviewing and recommending approval of traffic safety school pilot programs.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. from Trans 106.11 and am. (2) and (3) (b), Register, March, 1996, No. 483, eff. 4-1-96.

Chapter Trans 107 DRIVER LICENSING OF PERSONS WITH CHEMICAL ABUSE OR DEPENDENCY PROBLEMS

Wis. Admin. Code § Trans 107.01 Purpose and scope {#sec-trans-107.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.01}

(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.

(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.

Note: 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).

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1), Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, May, 1988, No. 389, eff. 6-1-88; am. (1), Register, June, 1993, No. 450, eff. 7-1-93.

Wis. Admin. Code § Trans 107.02 Definitions {#sec-trans-107.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.02}

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:

(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.

(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.

(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.

(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.

(5) “Controlled substance” has the same meaning as in s. 961.01 (4), Stats.

(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.

(6) “Driver safety plan” means:

(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.

(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.

(7) “Interview” means a meeting as described in s. Trans 107.06 (2) between a department representative and a licensed driver or applicant for the purpose of evaluating the probability of an alcohol or other drug problem.

(8) “Licensing action” means any action by the department involving the denial, cancellation, revocation, suspension, disqualification, restriction, or issuance of a license under this chapter.

(9) “Medical condition” means any condition affecting a person’s health for which a person is receiving medical treatment, or for which medical treatment is usually prescribed.

(10) “OWI” or “operating while intoxicated” means any offense for which a conviction, revocation or suspension resulting therefrom may be counted under s. 343.307 (1), Stats.

(11) “Program in another state” means a program or facility in another state which examines persons for chemical abuse or dependency levels and recommends individualized plans or programs of education or treatment, or both, for persons who are nonresidents or residents temporarily residing in another state, which meets the program and facility requirements of that state.

(12) “Refusal” means refusing to submit to chemical testing upon request of a law enforcement officer, pursuant to s. 343.305 (3) (a), Stats., or a local ordinance or law of a federally recognized American Indian tribe or band in this state in conformity therewith, and no request for a court refusal hearing, or an adverse finding in an implied consent hearing.

(13) “Released” means that a revocation, suspension, cancellation or disqualification license action has been withdrawn because of an appeal, reopening, vacation of a conviction, or a finding that the license action, as ordered by the department or court, was in error or inappropriate.

(14) “Review board” or “board” means any board established by the department to provide advisory review of a licensing decision based on the special examination referred to in s. 343.16 (2) (b), Stats.

(15) “Review unit” means the alcohol and other drug review unit in the department’s division of motor vehicles.

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. (1), renum. (2) to (9) to be (1) to (8), cr. (9),Register, March, 1984, No. 339, eff. 4-1-84; am. (2), (7), (12) and (16), renum. (17) to be (5m) and am., Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. (1) and (2) and am., cr. (1), am. (7), eff. 4-24-87; am. (1), (7) and (12), cr. (17), Register, May, 1988, No. 389, eff. 6-1-88; am. (7) (b) and (17), Register, January, 1991, No. 421, eff. 2-1-91; am. (intro.), (1), (3), (4) and (5m), r. (6), (12) and (13), renum. (7) to (11) and (14) to (17) to be (6), (12), (7) to (9), (13) to (15) and (11) and am. (6) (a) and (b), (8) and (11) to (13), cr. (10), Register, June, 1993, No. 450, eff. 7-1-93; correction in (2) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492; corrections in (2) made under s. 13.92 (4) (b) 6. and 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 107.03 Information sources {#sec-trans-107.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.03}

The department shall identify persons who have chemical abuse or dependency problems through:

(1) Any and all operator’s license applications,

(2) Medical information which the department has requested under the provisions of s. 343.06 (1) (d) or 343.16 (5), Stats.,

(3) Reports or information on driver condition or behavior,

(4) Accident reports with chemical involvement,

(5) Court ordered assessment reports in accordance with s. 343.30 (1q) or 343.305, Stats.,

(6) Assessment reports submitted in response to a department order issued pursuant to s. 343.16 (5), Stats.,

(7) Voluntary assessment reports submitted pursuant to s. 343.30 (1q) (c) 1m., Stats.,

(8) County department assessment and driver safety plan final reports,

(9) Assessments, driver safety plans, or reports from a program in another state, or

(10) Driving records with chemically involved entries.

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; renum. (1) to be (intro.), (1) (a) to (i) to be (1) to (9) and am. (4), Register, March, 1984, No. 339, eff. 4-1-84; am. (7), Register, September, 1986, No. 369, eff. 10-1-86; emerg. cr. (10), eff. 4-24-87; am. (6), cr. (10), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) made under s. 13.93 (2m) (b) 7. Stats., Register, May, 1988, No. 389; am. (2) and (10), renum. (7) and (8) to be (9) and (11) and am. (11), cr. (7) and (8), r. (9), Register, June 1993, No. 450, eff. 7-1-93; r. (4), renum. (5) to (11) to be (4) to (10), Register, September, 1996, No. 489, eff. 10-1-96.

Wis. Admin. Code § Trans 107.04 Information to be considered in licensing actions {#sec-trans-107.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.04}

(1) The following information shall be considered in taking administrative licensing action under s. 343.06 (1) (d), 343.16 (5) or (6), or 343.25 (7), Stats.:

(a) Medical reports, assessment reports, driver safety plans, driver safety plan final reports, or a combination thereof, with information on:

Hospitalization for chemical abuse or dependency.
Outpatient or other treatment for chemical abuse or dependency.
Participation in self-help groups for chemical abuse or dependency.
Use of control agents, such as antabuse or methadone.
Physician treatment for chemical abuse or dependency.

(b) Driving records, including reports of:

Accidents involving chemical use.
Traffic convictions involving chemical use.
Arrests for chemically related violations, for example, pending charges for OWI. Once the charge has been disposed of by a court, for example, convicted, dismissed, amended or withdrawn, the arrest information will no longer be considered in taking licensing action under s. Trans 107.08 (1) (b), (c), (d), (e), (f) and (hm).
Chemically related charges dismissed, vacated, appealed, reduced or amended to lesser charges when the department has information, such as a medical or assessment report, on file.

(d) Information from other sources about a person’s physical and mental health, as affected by chemical use, and other medical problems which might interfere with reasonable and ordinary control over a motor vehicle.

(2) Some or all of the information described in sub. (1) shall be included in medical, assessment, driver safety plan, final report, or combination of, reports required under this chapter.

(3) Persons may be required to furnish additional medical or assessment reports, or combination of, if the department determines that the information available is not adequate to make a licensing decision.

(4) Persons may be referred for assessment as described in s. Trans 107.06.

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1) (b) (intro.) and (3), Register, March, 1984, No. 339, eff. 4-1-84; am. (1) (a) (intro.), (b) (intro.), (c) (intro.) and 4., Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (intro.), (a) (intro.), 2. and (c) (3)., Register, June, 1993, No. 450, eff. 7-1-93; r. (1) (b), renum. (1) (c) to (e) to be (1) (b) to (d), Register, September, 1996, No. 489, eff. 10-1-96.

Wis. Admin. Code § Trans 107.05 Medical reports {#sec-trans-107.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.05}

(1) All physician medical reports under s. 343.16 (5), Stats., shall be based on an examination by a physician within the previous 3 months.

Note: Form MV3644 may be obtained upon request from the Division of Motor Vehicles, Bureau of Driver Services, P. O. Box 7918, Madison, Wisconsin 53707-7918, telephone (608) 266-2233.

(2) Medical reports under s. 343.16 (5), Stats., shall be submitted within 30 days from license application, or department request, unless an extension has been granted by the department.

(3) Failure to submit the medical examination report as required under s. 343.16 (5), Stats., and this chapter shall result in cancellation or denial of all operating privileges, in accordance with ss. 343.25 (7) and 343.06 (1) (d), Stats.

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. (1), renum. (2) to (4) to be (1) to (3), Register, January, 1991, No. 421, eff. 2-1-91; am. Register, June, 1993, No. 450, eff. 7-1-93.

Wis. Admin. Code § Trans 107.06 Assessment referral {#sec-trans-107.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.06}

A person shall be referred for assessment when:

(1) The person is identified by a source described in s. Trans 107.03 as possibly having a chemical abuse or dependency problem, unless the person is in treatment, does not require treatment, or has completed treatment since the identification.

(2) The department has information that a person has had 2 OWI arrests within 12 months.

(3) A person has one OWI arrest within the past 12 months and the department has an assessment report, driver safety plan final report, medical report, or combination of reports that are chemically related on file within the past 2 years.

(4) A person has been identified from one or more sources described in s. Trans 107.03 as possibly having a chemical abuse or dependency problem and the department has an assessment, final report, medical, or combination of, reports that are chemically related on file within the past 2 years.

(5) A person has one OWI arrest within the past 12 months, and the person has had 2 OWIs within the past 2 years.

(6) The department receives a medical report indicating a possible chemical use problem and the person is not currently being treated for the chemical use problem.

(7) The department receives notice of an OWI in another jurisdiction for an offense which if committed in this state would have been cause for revocation or suspension under s. 343.30 (1q), Stats., and the person has not completed or is not currently participating in a driver safety plan or any similar plan in another jurisdiction.

(8) In any case when an assessment is waived or is not ordered by a court but is required by law.

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (3) (intro.) and (a), cr. (3) (f), Register, March, 1984, No. 339, eff. 4-1-84; emerg., am. (3) (f), eff. 1-31-86; am. (1) (intro.), (2) (intro.) and (c), (3) (b) and (3) (d) to (f), r. (1) (a) to (c), Register, September, 1986, No. 369, eff. 10-1-86; am. (3) (b), (d) and (f), cr. (3) (g), Register, June, 1993, No. 450, eff. 7-1-93; r. (1), (2), renum. (3) (intro.) to be (intro.) and am., cr. (1), renum. (3) (a) to (g) to be (2) to (8), Register, September, 1996, No. 489, eff. 10-1-96.

Wis. Admin. Code § Trans 107.07 Reporting procedures {#sec-trans-107.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.07}

(1) Assessments and assessment reporting procedures shall be those established by ch. DHS 62. Standard department forms shall be used for all reports.

(2) Traffic safety school final report information forms shall be provided to the county department when documentation by the traffic safety school indicates a need for additional assessment which may require additional treatment not recommended at the time of the original assessment.

(3) Amended driver safety plans shall be accepted by the department when submitted by the county department documenting the reason for changes in assessment findings or recommendations. Pursuant to ss. 343.30 (1q) (d) and 343.305 (10) (d), Stats., a driver safety plan shall include a termination date consistent with the plan which shall not extend beyond one year of the date of assessment or reassessment.

(4) If the department does not receive a report of compliance with the order to obtain an assessment within 60 days from the date of an OWI or if the department receives information that the court has not ordered an assessment, the department shall order an assessment under s. 343.30 (1q) (f), or 343.305 (10) (f), Stats., and the person shall have 45 days to provide notification of compliance with assessment order or the person’s operating privilege shall be canceled, denied or suspended as provided in s. Trans 107.08 (1).

(5) When a department ordered assessment under s. Trans 107.06 has not been completed by the date of the OWI conviction, and the court subsequently orders an assessment, the person shall not be required to comply with the department ordered assessment. All previous driver safety plans shall be waived when a new department or court ordered assessment has been completed and a driver safety plan developed.

(6) If convicted of an amended charge, or the charge is dismissed, appealed or vacated prior to completion of a voluntary, department or court ordered assessment, compliance with the assessment order shall not be required. If the person has already completed an assessment, the person shall be required to comply with the driver safety plan if the assessment findings meet the criteria for operating privilege denial or cancellation under s. Trans 107.08 (1) (g).

(7) A report of noncompliance with a driver safety plan shall include the reason for noncompliance.

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1) to (3), (5) and (6), r. (7), renum. (8) to be (7), Register, September, 1986, No. 369, eff. 10-1-86; am. (3) and (4), Register, May, 1988, No. 389, eff. 6-1-88; am. (3), (4) and (6), Register, June, 1993, No. 450, eff. 7-1-93; am. (1), Register, September, 1996, No. 489, eff 10-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 107.08 Licensing action {#sec-trans-107.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.08}

(1) Denial, cancellation or suspension.

(a) When a hospitalization certificate shows inpatient treatment for chemical abuse or dependency and the person has not been absolutely or conditionally released from the institution, the operating privilege shall be denied or canceled until the conditions in sub. (2) (a) have been met.

(b) When a person has one OWI arrest in 12 months and there is an assessment report, final report, medical report, or combination of reports on file with the department within the previous 2 years identifying chemical abuse or dependency and recommending no further involvement with chemicals, the person shall be immediately referred for assessment and the person’s operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

(c) When a person has had 3 OWI arrests in 12 months, the person shall be immediately referred for assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

(d) When a person has 2 OWI arrests in 12 months, and has had 2 OWI convictions or implied consent revocations within the past 2 years, the person shall be immediately referred for an assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

(e) When a person has 2 OWI arrests in 12 months with an alcohol concentration of .20 or above in at least one of the arrests, and the person has had an OWI conviction or implied consent revocation within the past 2 years, the person shall be immediately referred for assessment and the person’s operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

(f) When a person has 2 OWI arrests in 12 months with an alcohol concentration of .20 or above in at least one of the arrests, and there is an assessment report, driver safety plan final report, medical report, or combination of reports on file with the department within the past 2 years identifying possible chemical abuse or dependency, the person shall be referred for immediate assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) or (c) have been met.

(g) When the findings of an assessment, information from a medical report, other information in the file, or a combination thereof, indicate that the person’s chemical dependency may affect the person’s driving ability, the person’s operating privilege shall be denied or canceled under s. 343.06 (1) (d), Stats., until the conditions in sub. (2) (b) or (c) have been met. For purposes of this paragraph, the types of information considered are those described in s. Trans 107.04.

Note: See s. Trans 107.08 (1) (L) regarding cancellation for noncompliance with a driver safety plan.

(h) When a person fails to obtain an assessment as directed by the department, comply with the recommended driver safety plan or submit the required medical report, the person’s operating privilege shall be denied, canceled or suspended under s. 343.06 (1) (d) or 343.16 (5), Stats., until the department is notified of compliance.

(hm) When a person has an OWI arrest after an assessment and prior to completion of a driver plan, the person shall be considered in noncompliance by the department and the person’s operating privilege shall be denied, cancelled or suspended.

(i) When a person fails to attend the interview scheduled according to s. Trans 107.06 (1), the person’s operating privilege shall be denied or cancelled.

(j) Pursuant to s. 343.16 (5), 343.30 (1q) (c) 1m. or (d), or 343.305 (10) (d), Stats., the department shall suspend a person’s operating privilege for noncompliance until such time as the person is eligible for reinstatement under sub. (2), and may not issue an occupational license to the person, under any of the following conditions:

The person fails to comply with a court ordered or department ordered assessment.
The person fails to timely pay an assessment fee resulting from a court ordered assessment or a driver safety plan fee, or an installment of either fee, except driver safety plan fees imposed as the result of a court ordered assessment dated on or before July 28, 1995.
The person fails to timely pay an assessment fee resulting from a department ordered or voluntary assessment or a driver safety plan, or any installment of any of these fees, and the person has been convicted of an offense for which assessment is mandatory, except driver safety plan fees imposed as the result of a court ordered assessment dated on or before July 28, 1995.
The person has an OWI arrest after an assessment and prior to completion of a driver safety plan.
The department receives a noncompliance report from a county department, a traffic safety school approved under s. 345.60, Stats., or a program in another state.

(k) The department shall cancel an occupational license and may not issue a license to any person who has 2 or more prior OWIs and who fails to comply with a driver safety plan.

Note: Authority: Section 343.10 (2) (e), Stats., eff. January 1, 1993.

(L) The department shall cancel the operating privilege of any person who meets the criteria of par. (g) and who fails to comply with a driver safety plan.

(m) The department shall deny, cancel or suspend the operating privilege of any person who has an OWI arrest after submitting to a voluntary assessment and prior to completion of the driver safety plan resulting from that assessment.

(n) The department may not deny, cancel or suspend the operating privilege of a person who submits to a department ordered or voluntary assessment and who does not pay the assessment fee or driver safety plan fee, unless the person is convicted of an offense for which assessment and compliance with a driver safety plan is mandatory.

Note: After conviction, failure to pay assessment or driver safety plan fees will result in suspension under s. Trans 107.08 (1) (j) 3.

(o) When the court or department has ordered an occupational license, but because of requirements in s. 343.10 (1), (2) (e), or (5) (a) 2., 343.30 (1q) (b), 343.305 (10) (b), 343.31 (3m) or 343.35 (1), Stats., or ch. Trans 117, the person is not eligible for licensing, the occupational license shall be denied.

(2) Approval. If all other reasons for license denial, cancellation, revocation or suspension and related conditions for reinstatement are met, a person may be licensed when any of the following conditions are met:

(a) When the person has received inpatient treatment and the hospitalization certificate shows satisfactory release, or there is verification of participation or satisfactory completion in another treatment program approved under s. 51.42 or 51.45, Stats., and there is no evidence from a medical report or assessment of chemical abuse since treatment, and there has been no OWI or OWI arrest within the past 2 years.

(b) When the assessment report or compliance report from a county department shows the person has agreed to participate in a recommended driver safety plan or satisfactorily completed a treatment program, and the person is no longer abusing chemicals.

(c) If the reason for the denial, cancellation, suspension or revocation of the person’s operating privilege was not an assessment, and a medical report submitted by the person’s personal physician indicates the person is receiving, or has received, adequate treatment for chemical abuse or dependency, and the person has responded favorably to the treatment and is no longer abusing chemicals.

(d) When a new driver safety plan is received after the person has an OWI conviction that occurs while the person is suspended or canceled for noncompliance as a result of sub. (1) (b), (c), (d), (e), (f) or (hm).

(e) When a person, county department, or traffic safety school under s. 345.60, Stats., submits the report or reports showing compliance with an assessment or driver safety plan after the operating privilege has been suspended as a result of sub. (1) (j) for any noncompliance with the assessment or plan.

(f) When a program in another state submits a report showing the person has been examined for chemical abuse or dependency and has followed a recommended program of education or treatment established to meet the requirements of that other state.

(3) Refusal, persons under age 19. If a person less than 19 years of age refuses to submit to chemical tests upon arrest for a violation of s. 346.63 (2m), Stats., or a local ordinance or a law of a federally-recognized American Indian tribe or band in this state in conformity therewith, the person is eligible for an occupational license under s. 343.10, Stats., after the first 15 days of the revocation period. The person shall not be required to comply with any assessment or driver safety plan for the refusal.

Note: Section 346.63 (2m), Stats., requires absolute sobriety of drivers less than 19 years of age. Section 343.305 (10) (em), Stats., provides for a 15-day occupational license waiting period.

(4) Department action in lieu of court action. As provided under ss. 343.30 (1q) (f) and 343.305 (10) (f), Stats., the department shall order:

(a) The minimum revocation or suspension provided under statute when the court fails to order a revocation or suspension.

(b) An assessment when the court fails to order one.

(5) Notice of licensing action.

(a) Persons affected by any departmental licensing action shall be given written notice, by first class mail, sent to the address last known to the department.

(b) A notice of license denial, cancellation, revocation or suspension, shall include the reason for the action. Cancellations and notices of suspension for noncompliance shall include information on any applicable review and appeal procedures.

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1) (b), (h), (i) and (j), Register, March, 1984, No. 339, eff. 4-1-84; am. (1) (d) to (h), (j), (2) (b) and (c), (4) (a), Register, September, 1986, No. 369, eff. 10-1-86; emerg. am. (1) (j), cr. (2) (g), eff. 4-24-87; am. (1) (j) and (k), (2) (intro.) and (d), renum. (2) (f), (3) to (5) to be (3) to (6) and am. (3), (4) (intro.) and (6), cr. (2) (f), Register, May, 1988, No. 389, eff. 6-1-88; r. (1) (intro.), am. (1) (b), (e) to (i), (2) (a), (c), (d), (f) and (6), cr. (1) (hm) and (l) to (o), r. and recr. (1) (j), (k) and (3), Register, June, 1993, No. 450, eff. 7-1-93; am. (1) (j) 2., 3., (n), r. (6), Register, September, 1996, No. 489, eff. 10-1-96; correction in (1) (o) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 22-048: am. (1) (g) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 107.09 Departmental review {#sec-trans-107.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.09}

(1) In accordance with s. 343.30 (1q) (d) or 343.305 (10) (d), Stats., a person may request in writing within 10 days of license suspension, a review of license suspension for not complying with a driver safety plan as a result of a court ordered or department ordered assessment.

(2) The review shall be conducted by the review unit.

(3) The issues of the review shall be limited to:

(a) Whether the person is in compliance with the driver safety plan, and

(b) Whether the driver safety plan is appropriate.

(4)

(a) The department shall conduct a review of an assessment, driver safety plan, or amended driver safety plan upon receipt of a written request for review under s. 343.30 (1q) (d) or 343.305 (10) (d), Stats. The review shall be completed within 10 business days of receipt of the request by the department.

(am) The driver assessment and required driver safety plan shall be found to be appropriate if the diagnostic or certainty level of symptoms identified on the assessment report of physiological, behavioral, psychological or attitudinal symptoms, supports the assessment findings made by the assessor on department forms as follows:

‘Chemical dependency.’ An assessment finding of chemical dependency is appropriate if assessment shows the presence of any of the following:

a. One or more level 1 indicators of physiological dependency from the major criteria.

b. One or more level 1 indicators of dependency from the psychological, attitudinal or behavioral minor or major criteria are present together with 3 or more level 2 indicators of any type.

‘Suspected chemical dependency.’ An assessment finding of suspected chemical dependency is appropriate if assessment shows 5 or more level 2 indicators of any type from the minor and major criteria.
‘Borderline chemical abuse.’ An assessment finding of borderline chemical abuse is appropriate if assessment shows any of the following:

a. One level 1 indicator of substance problems from the psychological, attitudinal or behavioral criteria.

b. Three or 4 level 2 indicators of any type are present together with any level 3 indicators of any type.

‘Chemical abuse.’ An assessment finding of chemical abuse is appropriate if assessment shows any of the following:

a. An absence of level 1 indicators and some level 2 or 3 indicators, but fewer level 2 and 3 indicators than are needed to justify a finding of chemical dependency, suspected chemical dependency or borderline chemical abuse.

b. A conviction for OWI.

Note: The Wisconsin Assessment of the Impaired Driver, form MV3649, and the Order For Assessment and Driver Safety Plan Report, form MV3634, refer to “chemical abuse” and “borderline chemical abuse” as “Irresponsible Substance Use” and “Irresponsible Substance Use - Borderline.” The form refers to the criteria in s. Trans 107.09(4)(am)4. as “insufficient evidence for a progressive pattern of substance abuse.”

(b) The department shall consider the following in determining the appropriateness of a driver safety plan:

A finding of chemical abuse does not support in-patient treatment or extensive out-patient treatment.
A finding of suspected alcohol dependency does not support in-patient treatment.
A finding of chemical abuse does support educational program recommendations.
A finding of suspected chemical dependency does support out-patient treatment or a combination of education and out-patient treatment.
A finding of chemical dependency does support in-patient treatment, extensive outpatient treatment, or combination of treatment.
A finding of borderline chemical abuse does support short term outpatient individual or group counseling, or a combination of education and outpatient counseling.

(c) A driver safety plan shall be considered inappropriate if it is a program in another state that does not meet the standards of sub. (9).

(5) When the driver safety plan is found to be appropriate, the suspension shall remain in effect until notification from a county department that the person is complying with the driver safety plan received by the department and the person has paid the reinstatement fee(s) required by s. 343.21 (1) (j), Stats.

(6) When the driver safety plan is found to be inappropriate or the person is found to be in compliance with the driver safety plan, the suspension shall be released under the provisions of s. 343.39 (1) (c) and (2), Stats., and the fee specified in s. 343.21 (1) (j), Stats., shall not be charged for reinstatement of the license, under the provisions of s. 343.30 (1q) (d) or 343.305 (10) (d), Stats., and

(7) When the driver safety plan is found to be inappropriate by the department or a court, the person shall be required to furnish the department with another assessment and driver safety plan within 30 days under s. 343.30 (1q) (d) or 343.305 (10) (d), Stats.

(8) Under s. 343.30 (1q) (d) or 343.305 (10) (d), Stats., the department shall grant a delay in the review decision at the written request of the person seeking the review.

(9) A driver safety plan recommending treatment in another state is acceptable if approved by the county department or another state’s program, it includes an examination of the driver’s chemical abuse or dependency level, and it recommends an individualized plan or a program of education or treatment.

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (5), Register, March, 1984, No. 339, eff. 4-1-84; am. (1), (3) (a), (5), (8) and (9), Register, September, 1986, No. 369, eff. 10-1-86; am. (1), (4) (intro.), (6) to (8), Register, May, 1988, No. 389, eff. 6-1-88; am. (4) (a), (b) (intro.), 1. to 4., (7) and (9), cr. (4) (d), Register, June, 1993, No. 450, eff. 7-1-93; r. and recr. (4) (intro.), (a), (b) (intro.), cr. (4) (b) 6., r. (4) (c), renum. (4) (d) to be (c) and am., Register, September, 1996, No. 489, eff. 10-1-96; reprinted to correct error in (4) (b) 6., Register, December, 1996, No. 492.

Wis. Admin. Code § Trans 107.10 Review boards {#sec-trans-107.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.10}

(1) If the decision to deny or cancel operating privileges is based in part on the results of a special examination and a medical report involving chemical abuse or dependency under s. 343.16 (5), Stats., a person may request an appearance before a review board, or a review by a board of the information on file with the department.

(2) After receiving the recommendation of a review board, the department shall notify the person of the department’s decision within 10 working days after the person’s appearance before the review board. The notice shall include the review board’s recommendations and department’s decision and shall state the reasons for the decision.

Note: The department’s decision to cancel, deny, suspend or revoke licenses under this chapter is subject to judicial review, in accordance with s. 343.40, Stats.

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1), Register, June, 1993, No. 450, eff. 7-1-93.

Wis. Admin. Code § Trans 107.11 Effective dates, transition provisions, and miscellaneous provisions {#sec-trans-107.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 107.11}

(1) The effective date of all departmental suspensions or revocations under this chapter shall be the date the order was mailed, except if the person is currently under suspension or revocation, the effective date shall be the date the license was surrendered for the previous action, or the date of the conviction causing the new suspensions or revocation, whichever is later.

(2) For the purpose of counting the number of refusal revocations, OWI convictions, or arrests, all such convictions, refusal revocations, or arrests prior to, on, or after May 1, 1982 shall be counted by the department using the date of offense or arrest.

(3) Reductions in periods of revocation or suspension under ss. 343.30 (1q) (h) and 343.305 (10) (g), Stats., shall be made by the department as provided in ss. 343.30 (1q) (f) and 343.305 (10) (f), Stats.

(4) The reinstatement date for suspensions for noncompliance with assessment or a driver safety plan under ss. 343.30 (1q) (d) and 343.305 (10) (d), Stats., shall be the date the reinstatement fee is paid or the date the department receives the notice of compliance, whichever is later.

(5) Implied consent refusals and OWI convictions from the same incident shall be counted as one.

(6) As authorized by ss. 343.30 (1q) (b) 1. and 346.63 (1) (c), Stats., if 2 citations are issued for the same arrest incident under s. 346.63 (1) (a) and (b), (2) (a) 1. and 2., Stats., or 2 citations or complaints for s. 940.25 (1) (a) and (b) or 940.09 (1) (a) and (b), Stats., they shall be considered as one arrest incident under this chapter.

History

Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (3), Register, March, 1984, No. 339, eff. 4-1-84; am. (3), Register, September, 1986, No. 369, eff. 10-1-86; am. (2), r. (3), renum. (4) to (8) to be (3) to (7) and am. (3) to (5), Register, May, 1988, No. 389, eff. 6-1-88; r. (2), renum. (3) to (7) to be (2) to (6), Register, January, 1991, No. 421, eff. 2-1-91.

Chapter Trans 112 MEDICAL STANDARDS FOR DRIVER LICENSING AND GENERAL STANDARDS FOR SCHOOL BUS ENDORSEMENTS

Wis. Admin. Code § Trans 112.01 Purpose and scope {#sec-trans-112.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.01}

The purpose of this chapter is to establish the department’s administrative interpretation of the provisions of ch. 343, Stats., that relate to the issuance of motor vehicle operator licenses to persons who have a medical condition that may affect their ability to exercise reasonable control over a motor vehicle. This chapter specifies by licensing category the functional ability levels necessary to exercise reasonable control of a motor vehicle for all persons applying for or holding any operator’s license. This chapter also establishes non-medical requirements that relate to issuance of a school bus endorsement.

Note: Forms used in this chapter are MV3030B Medical Examination Report for Commercial Driver Licensing Endorsements, MV3030V Certificate of Vision Examination by Competent Authority, and MV 3644 Medical Examination Report. A sample copy of these forms may be obtained, free of charge, from the Wisconsin Department of Transportation, Bureau of Driver Services, P. O. Box 7918, Madison, WI 53707-7918. See ss. 343.06, 343.12, 343.13, 343.135, 343.14 and 343.16, Stats.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 04-117: am. Register April 2005 No. 592, eff. 5-1-05.

Wis. Admin. Code § Trans 112.02 Definitions {#sec-trans-112.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.02}

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:

(1) “Advanced practice nurse prescriber” or “APNP” means an advanced practice nurse who is certified under s. 441.16 (2), Stats., to issue prescription orders.

(1g) “Altered consciousness” means a state of awareness characterized by loss or distortion of the impressions made by the senses or inability to respond to the impressions made by the senses.

(1m) “Another jurisdiction” means any state other than Wisconsin and includes the District of Columbia, the commonwealth of Puerto Rico and any territory or possession of the United States, any federal military installation located within the territorial boundaries of Wisconsin and any province of the Dominion of Canada.

(2) “Assessment” means an examination of a person’s use of chemicals and development of a driver safety plan for the person by an approved public treatment facility as defined by s. 51.45 (2) (c), Stats.

(3) “Chemical” means alcohol, a drug as defined in s. 450.01 (10), Stats., or a controlled substance as defined in s. 961.01 (4), Stats.

(4) “Cognitive skill” means the ability to think, perceive and remember.

(6) “Corrective lens” means an ophthalmic lens, whether an eyeglass or a contact lens, that corrects the refraction error or other optically correctable deficiency of the eye, except bioptic telescopic lenses.

(7) “Driving evaluation” is a test conducted to determine if a person adequately compensates for the person’s medical, mental or physical condition or functional impairment.

(8) “Episode” means any incident or segment of time involving altered consciousness or loss of bodily control.

(9) “Field of vision” means the entire horizontal, temporal plane a person has for each eye without shifting the gaze.

(10) “Functional ability” means the degree of cognitive, mental or emotional, sensorimotor and sensory capability in performing activities of daily living, including safely performing the tasks of driving.

(11) “Licensing action” means any action by the department involving the denial, cancellation, restriction, or issuance of a license or endorsement under this chapter.

(12) “Loss of bodily control” means involuntary movements of the body characterized by muscle spasms or muscle rigidity, or loss of muscle tone or muscle movement.

(13) “Medical condition” means any physical, mental or emotional condition which affects a person’s health for which a person is receiving medical treatment, or for which medical treatment is usually prescribed.

(14) “Mental or emotional function” includes interaction and communication skills, adaptive behavior or coping capacity, and orientation.

(15) “Physical disability” means any physical limitation interfering with the ability to perform the normal tasks associated with operating a motor vehicle.

(16) “Physician” means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board.

Note: This definition of “Physician” is intended to be consistent with the statutory definition appearing at s. 448.01 (5), Stats.

(17) “Proof of physical fitness” means a certificate of physical examination executed by a person authorized to execute certificates of physical examination under 49 CFR 391.43 which provides that the person being examined meets the physical qualifications for drivers of 49 CFR 391.41, or a medical examination report for “S” or “P” endorsements.

(18) “Review board” means a medical board established under s. 343.16 (5) (b), Stats.

(19) “Sensorimotor skills” means reflexes and reaction time, coordination, depth perception, manipulation, range of motion and general mobility.

(20) “Sensory function” means vision, hearing, touch, smell and vibration sense.

(21) “Vehicle classification” or “vehicle class” means the designation for a type of motor vehicle as defined in s. 343.04, Stats.

(22) “Vision specialist” means a person who practices optometry as defined by s. 449.01 (1), Stats., or a physician as defined by s. 448.01 (5), Stats.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (17), Register, November, 1993, No. 455, eff. 12-1-93; r. (5), (15), am. (6), renum. (16) to be (15), cr. (16), Register, June, 1996, No. 486, eff. 7-1-96; CR 04-117: cr. (1m) Register April 2005 No. 592, eff. 5-1-05; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2005 No. 592; CR 06-099: renum. (1) to be (1g), cr. (1), Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.03 Medical review standards {#sec-trans-112.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.03}

(1) Unrestricted commercial driver licenses. No person shall be issued an unrestricted commercial driver license unless the person complies with all the driver qualifications specified in 49 CFR 391.41, and presents a medical certificate of physical examination as required by 49 CFR 391.43 at the time of application.

(2) Restricted commercial driver licenses. The department may not issue a commercial driver license to a driver who does not meet the physical qualifications of drivers’ standards under 49 CFR 391.41 or who does not present a medical certificate of examination required under 49 CFR 391.43 unless one of the following applies:

(a) The commercial driver license is subject to a “K” restriction, the driver held a commercial driver license on or before July 28, 1996, and the license has not been revoked on or after July 29, 1996.

Note: See s. Trans 327.09 (2) (b). “K” restrictions limit operation to non-interstate commerce and are described in detail in s. 343.17 (3) (e) 1m., Stats.

(b) The commercial driver license is subject to a restriction that permits only those types of commercial motor vehicle operation for which drivers are exempt from the requirement of complying with 49 CFR part 391 under s. Trans 327.09 (1), 49 CFR 390.3 (f), or 49 CFR 391.2.

Note: This provision allows the Department to issue CDLs without requiring federal medical cards of persons employed by government units, or as school bus drivers, apiarian industry seasonal drivers, custom harvester drivers and certain farm vehicle drivers. Licenses issued under this provision are restricted to permit only that commercial vehicle operation which may be legally conducted without a federal medical card.

(3) Medical review standards for school bus endorsements.

(a) Original applications. No person may be issued a school bus endorsement unless the person files proof of physical fitness as part of the person’s application for school bus endorsement.

(b) Renewal applications. No person may renew a school bus endorsement unless the person files proof of physical fitness. The department shall provide a person with notice by mail to the person’s last known address that the person must file proof of physical fitness and apply for a renewal license not less than 30 days prior to the date upon which the person’s license expires. The department shall not renew the school bus endorsement of any person who fails to provide the required proof of medical fitness within the time required by the notice.

(c) Biennial proof of physical fitness. All persons holding school bus endorsements shall provide proof of physical fitness to the department every 2 years, except that persons age 70 years or older shall provide proof of physical fitness annually. The department may require persons to submit proof of physical fitness before 2 years to coordinate the license renewal cycle following an initial issuance or a reinstated “S” endorsement. The department shall provide a person holding a school bus endorsement with at least 30 days notice by mail to the person’s last known address that the person must file proof of physical fitness. The department shall cancel the school bus endorsement of any person who fails to provide the required proof of physical fitness within the time period required by the notice.

(d) Exceptions. The department may issue a passenger endorsement to a person who does not meet all of the medical review standards for passenger or school bus endorsement, but the person’s license shall be subject to a “K” restriction and restricted to prohibit transporting more than 2 passengers in a commercial motor vehicle.

(4) No person may be issued or renew a passenger endorsement unless the person provides a health history to the department on the form required.

Note: The health history shall be provided on form MV3030B. Only the applicant’s portion of the form need be completed for purposes of a passenger endorsement application.

(5) Medical review standards for operator licenses. Whenever the department learns that a person applying for, renewing, or holding any classification of operator’s license has a progressive, recurring or debilitating medical condition which may affect safe driving, the department may require the person to provide the department with medical information about the person’s medical condition. The department shall review the medical information using the standards specified in this chapter.

(6) Evaluation. A license issued to a person under this chapter may be restricted on the basis of a recommendation of a physician, a vision specialist, an APNP, a review board, or on the results of a driving examination or evaluation.

(7) Reporting. Persons holding a valid license with a school bus or passenger endorsement shall report to the department any medical condition identified in this chapter that is new or that has changed significantly since previously reported.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (2) and (3) (d), Register, October, 1991, No. 430, eff. 11-1-91; am. (3) (c), Register, November, 1993, No. 455, eff. 12-1-93; r. and recr. (2), am. (7), Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (6), Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.04 Information to be considered in licensing actions {#sec-trans-112.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.04}

The review boards when making recommendations, and the department when taking licensing action under this chapter, may consider the following information:

(1) Any medical condition affecting the person including, but not limited to:

(a) History of illness.

(b) Severity of symptoms, complications and prognosis.

(d) Results of medical tests and reports of laboratory findings.

(e) Physician’s or APNP’s medical report.

(f) Physician’s or APNP’s recommendations with regard to functional impairment.

(g) Physician’s or APNP’s identification of risk factors.

(2) Reports of driver condition or behavior.

(3) The results of a department screening of a person’s vision or hearing.

(4) The results of any examinations of the person to test knowledge of traffic laws, road signs, rules of the road, vehicle equipment and safe driving practices, and driving ability.

(5) Group dynamics or traffic safety school reports.

(6) Alcohol or drug assessment reports by an agency under s. 51.42, Stats.

(7) Traffic accidents that may have been caused in whole or in part by a medical condition specified in this chapter.

(8) Vision specialist’s reports.

(9) A person’s failure to provide requested information to the department.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (intro.), (1) (b), r. (1) (c), renum. (1) (d) to (h) to be (1) (c) to (g), Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (1) (e) to (g), Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.045 All medical conditions {#sec-trans-112.045 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.045}

No person may be issued, renew, or hold any classification of operators license or endorsement if a medical report shows any of the following:

(1) Effects or side effects of medication interfere with safe driving, unless the physician or APNP indicates the situation is temporary and not likely to recur.

(2) Complications of a condition interfere with safe driving as assessed by a physician or APNP or as determined by a driving evaluation.

(3) The person is not reliable in following a prescribed treatment program to the extent that noncompliance could affect the person’s ability to drive safely.

(4) There is medical evidence that the person uses alcohol or other drugs to an extent that it has an adverse effect on a medical condition or interferes with treatment for the condition.

(5) There is medical evidence of a condition that is likely to be accompanied by a syncope or collapse or which otherwise may interfere with safe driving.

History

Cr. Register, June, 1996, No. 487, eff. 7-1-96; CR 06-099; am. (1) and (2), Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.05 Alcohol or other drug use {#sec-trans-112.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.05}

(1) With respect to a person’s chemical use, the review boards when making recommendations, and the department when taking licensing action, may consider all information available on the degree of the person’s chemical use.

(2) The department may require information on a person’s functional ability including, but not limited to, the following:

(a) Medical assessment of the person, driver safety plan, driver safety plan final reports concerning the person, or any combination of these information categories, including the following:

Hospitalization of the person for chemical abuse or dependency.
Outpatient treatment of the person for chemical abuse or dependency.
Participation by the person in self-help groups for chemical abuse or dependency.
Use of control agents, such as antabuse or methadone by the person.
Physician or APNP treatment of the person for chemical abuse or dependency.

(b) The person’s driving record, including reports of any of the following:

Accidents involving chemical use.
Traffic convictions involving chemical use.

(d) Information from other sources about the person’s physical and mental health, as affected by chemical use, and any medical problems that may interfere with the person’s reasonable and ordinary control over a motor vehicle.

(3)

(a) A conviction for operating while intoxicated in this section means being convicted of a violation of s. 346.63 (1) or (2), Stats., or a local ordinance in conformity therewith, or convictions under the law of another jurisdiction that is in substantial conformity with 49 CFR 383.51 (b) (2) (i) or (ii), or both, or that prohibits refusal of chemical testing or use of a motor vehicle while intoxicated or while under the influence of a controlled substance, or a combination thereof, or with an excess of a specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving as those or substantially similar terms are used in that jurisdiction, refusals under s. 343.305 (9), Stats., or revocations under s. 343.305 (10), Stats.

(b) No person may be issued, renew, or hold a school bus or passenger endorsement if a medical report, assessment or driving record for the person shows:

Any operating while intoxicated convictions within the past 2 years.
Two operating while intoxicated convictions within the past 3 years.
Three or more operating while intoxicated convictions within the past 5 years.
The person has evidenced any chemical abuse or dependency within the past year.
The person has evidenced any chemical abuse or dependency within the past 2 years, that is not controlled by treatment.

(bm) For purposes of determining eligibility for a passenger endorsement under par. (b) 1. to 3., the department shall not count violations committed prior to April 1, 1992.

(c) No person may hold any classification of operator’s license if the person is diagnosed as suffering from uncontrolled chemical abuse or dependency, as assessed by a physician, APNP or approved public treatment facility.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (3) (b) 4., r. (3) (b) 5., Register, October, 1991, No. 430, eff. 11-1-91; emerg. cr. (3) (bm), eff. 2-20-92; cr. (3) (bm), Register, June, 1992, No. 438, eff. 7-1-92; r. (2) (b), renum. (2) (c) to (e) to be (2) (b) to (d); am. (3) (b) 4., cr. (3) (b) 5., Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (2) (a) 5. and (3) (c), Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.06 Conditions affecting cardiovascular function {#sec-trans-112.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.06}

(1) With respect to conditions affecting cardiovascular function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:

(a) Coronary artery disease, including myocardial infarction.

(b) Congestive heart disease.

(d) Congenital heart disease.

(e) Cardiomyopathy.

(f) Pericardial disease.

(g) Myocarditis.

(h) Corpulmonale.

(i) Conduction difficulties.

(j) Arrhythmias.

(k) Aortic or arterial occlusion or aneurysm.

(L) Impairment of peripheral circulation.

(2) The department may require a person to provide information on the person’s functional ability including, but not limited to, the following:

(a) Hypertension.

(b) Orthostatic hypotension.

(d) Syncope or presyncopal sensations.

(e) Procedures which correct a cardiovascular condition and which temporarily impair functional ability, including surgical procedures such as a coronary artery bypass graft.

(f) Pacemaker function.

(g) Implanted defibrillator function.

(h) Results of procedures such as an electrocardiogram, stress test with thallium scan, angiography, multigated acquisition scan, echocardiogram, or electrophysiologic studies.

(i) Cardiac drug use, including rhythm control drugs, antianginal agents, cardiac glycosides, antihypertensive medication and side effects of these medications.

(j) Cardiac transplantation.

(3)

(a) Licensing standards. No endorsement or license may be issued to, renewed by, or held by a person who does not meet the applicable medical review standards for conditions affecting cardiovascular function of this subsection.

(b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the following cardiovascular criteria:

The person shows no evidence of exercise-induced ischemia, arrhythmias or hypotension as evidenced by appropriate cardiac testing which has been prescribed and reviewed by a physician or APNP.
Any valvular disease is asymptomatic with no significant ventricular dysfunction.
There are no syncopal or presyncopal sensations.
There is no symptomatic angina pectoris.
There is no documented ventricular tachycardia, severe bradycardia, or high-grade heart block which is unable to be successfully treated.
Any cardiac incident, such as myocardial infarction, occurred more than 6 months preceding any application or renewal unless a cardiac specialist specifically recommends operation of a commercial vehicle and the person has fully recovered.
There is no evidence of congestive heart failure.
There is no automatic implantable cardioverter defibrillator.

(c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of operator’s license shall meet all of the following cardiovascular function criteria:

There are no current symptoms of coronary artery disease, such as unstable angina, dyspnea, or pain at rest, which interfere with safe driving, as assessed by a physician or APNP.
There is no cause of cardiac syncope present, including ventricular tachycardia or fibrillation, which is not successfully controlled.
There is no congestive heart failure that limits functional ability and is assessed by a physician or APNP as interfering with safe driving.
Any cardiac rhythm disturbances are successfully controlled.
There is no automatic implantable cardioverter defibrillator, unless the device is assessed by an electrophysiologist as not interfering with safe driving.
There is no valvular heart disease or malfunction of prosthetic valves that is assessed by a physician or APNP as interfering with safe driving.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; cr. (1) (L), (3) (b) 7., am. (3) (b) 1., r. (3) (b) 4., 5. 9., renum. (3) (b) 6. to 8. to be (3) (b) 4. to 6. and (3) (b) 10. and 11. to be (3) (b) 8. and 9., Register, June, 1996, No. 486, eff. 7-1-96; CR 04-117: r. (3) (b) 3. Register April 2005 No. 592, eff. 5-1-05; CR 06-099: am. (3) (b) 1. and (c) 1., 3. and 6., Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.07 Conditions affecting cerebrovascular function {#sec-trans-112.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.07}

(1) With respect to conditions affecting cerebrovascular function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:

(a) Cerebro-vascular accident or stroke.

(b) Transient ischemic attack or TIA.

(d) Aneurysm.

(2) The department may require information on a person’s functional ability including, but not limited to, the following:

(a) Hypertension.

(b) Residual motor control effects, such as limb paralysis.

(d) Impaired reasoning and judgment.

(e) Disorientation.

(f) Visual disturbances.

(g) Altered consciousness.

(h) Compensatory mechanisms.

(i) Medication effects and side effects.

(j) Diagnostic procedures.

(3)

Physician or APNP certifies that the person is reliable in following the person’s prescribed treatment program.
Blood pressure reading shows a systolic pressure of 180 millimeters of mercury or less and a diastolic pressure of 105 millimeters of mercury or less, with or without medication.
Any cerebrovascular incident, such as a cerebrovascular accident or endarterectomy, occurred more than 6 months ago.
There are no current residual motor deficits that interfere with safe driving.
There is no impaired reasoning or judgment, as assessed by a physician or APNP.

There is no motor deficit preventing safe driving.
There is no impairment of reasoning or judgment preventing safe operation of a vehicle, as assessed by a physician or APNP.
There are no medications interfering with the person’s ability to operate a motor vehicle safely.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (1) (a), (b), r. (1) (e), (3) (b) 1., (c) 3., renum. (3) (b) 2. to 6. to be (3) (b) 1. to 5. and am. 4., (3) (c) 4. to be (3) (c) 3., Register, June, 1996, No. 486, eff. 7-1-96; CR 04-117: am. (3) (b) 1. and 3. Register April 2005 No. 592, eff. 5-1-05; CR 06-099: am. (3) (b) 1. and 5. and (c) 2., Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.08 Conditions affecting endocrine function {#sec-trans-112.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.08}

(1) With respect to conditions affecting endocrine function, the review boards, when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:

(a) Diabetes mellitus.

(b) Pituitary disorders.

(d) Parathyroid disorders.

(e) Adrenal dysfunction.

(2) The department may require information on a person’s functional ability including, but not limited to, the following:

(a) Hypoglycemia.

(b) Hyperglycemia.

(d) Reliability of the person in following a prescribed treatment program.

(e) Weakness.

(f) Fluid and electrolyte imbalance.

(g) Mental changes.

(h) Hypokalemia.

(i) Frequency of symptoms.

(3)

(a) Licensing standards. No license or endorsement may be issued to, renewed by, or held by a person who does not meet the applicable medical review standards for conditions affecting endocrine functions of this subsection.

(b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the following endocrine function criteria:

The person is in a treatment program certified by a physician or APNP as appropriate for adequate control of the condition.
The person has non-insulin requiring diabetes that is controlled.
There is no weakness, tremor, lethargy, or motor impairment interfering with safe driving.
The person monitors his or her blood sugar levels as advised by a physician or APNP, and is knowledgeable about the condition.

(c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of operator’s license may not evidence any frequent or functionally impairing hypoglycemic reactions.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; r. (2) (j), (3) (b) 3., 4., 6., renum. (3) (b) 5. and 7. to be (3) (b) 3. and 4. and am. 4., am. (3) (c), Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (3) (b) 1. and 4., Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.10 Conditions affecting neurological or neuromuscular function {#sec-trans-112.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.10}

(1) With respect to conditions affecting neurological or neuromuscular function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:

(a) Brain injury.

(b) Cerebral palsy.

(d) Muscular dystrophy.

(e) Myasthenia gravis.

(f) Neuralgia or neuritis.

(g) Parkinson’s disease or other extrapyramidal disorders or symptoms.

(h) Poliomyelitis.

(i) Seizure disorders.

(j) Spinal cord injury.

(2) The department may require information on functional ability including, but not limited to, the following:

(a) Episodes of altered consciousness or loss of bodily control.

(b) Degree of functional impairment, including the extent to which loss of muscle tone, range of motion, spasm, or fatigue affects functional ability.

(3)

(a) Licensing standards. No license or endorsement may be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting neurological or neuromuscular function of this subsection.

(b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the following neuromuscular function criteria:

Any neurological or neuromuscular condition is controlled.
The person’s driving is not impaired by weakness, numbness, or muscle spasm, or the person adequately compensates for any paralysis or paresthesia while driving.
The person is knowledgeable about the neuromuscular or neurological condition.
There are no episodes of altered consciousness or loss of bodily control caused by a neurological condition unless one of the following apply:

a. There has been a single, nonrecurring episode of altered consciousness or loss of bodily control that occurred more than 2 years prior to the application, the cause has been identified, and no treatment is required.

b. A seizure disorder has been diagnosed, but the person has been episode-free for at least 5 years preceding application and has not required treatment for at least 5 years preceding application.

c. Narcolepsy has been diagnosed as the cause of the episode, there have been no episodes of loss of consciousness for the past 2 years and the person’s physician or APNP indicates treatment has been successful.

(bm) Medical standards for commercial driver licenses. A person who applies for, renews, or holds a commercial driver license may not have been subject to any episodes of altered consciousness or loss of bodily control caused by a neurological condition unless one of the following apply:

There has been a single, nonrecurring episode of altered consciousness or loss of bodily control occurring at least 2 years preceding application, and the cause of the episode has been identified and no treatment is required.
A seizure disorder has been diagnosed, but the person has been episode-free for at least 5 years preceding application.

(c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds for any classification of operator’s license shall meet all of the following neuromuscular function criteria:

The person may not have had an episode of altered consciousness or loss of bodily control caused by a neurological condition for the 3 month period preceding medical review by the department under this chapter.
The person adequately compensates for any paralysis or sensory deficit when operating a vehicle.
Fatigue, weakness, muscle spasm, pain or tremor at rest does not impair safe driving, as assessed by a physician or APNP or determined through a driving evaluation.
There is no decline in cognition to an extent that interferes with safe driving.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; renum. (3) (c) 6. to be (3) (bm) and am. Register, October, 1991, No. 430, eff. 11-1-91; renum. (1) (a) to (i) to be (1) (b) to (j), (1) (j) to be (1) (a), (3) (b) 6. to be (3) (b) 4. and am. 4.a., (c) 5. to be (c) 4., r. and recr. (2) (b), (3) (c) 1., am. (3) (b) 1., 3., (bm) 1., (c) 3., r. (3) (b) 4., 5., (c) 4., cr. (3) (b) 4. c., Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (3) (b) 4. c. and (c) 3., Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.12 Conditions affecting psychosocial, mental or emotional function {#sec-trans-112.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.12}

(1) With respect to conditions affecting psychosocial, mental or emotional function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:

(a) Schizophrenia.

(b) Personality disorders.

(d) Delusional disorders.

(e) Dementia and organic brain syndrome.

(f) Other mood disorders.

(2) The department may require information on functional ability including, but not limited to, the following:

(a) Impaired impulse control.

(b) Reality testing and orientation.

(d) Asocial, anti-social or dissocial behaviors.

(e) Impulse control.

(f) Suicidal risk.

(g) Cognitive impairment.

(h) Treatment program, including medications and compliance.

(3)

(a) Licensing standards. No license or endorsement may be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting psychosocial, mental and emotional function of this subsection.

(b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the following mental and emotional function criteria:

The person is oriented to time, date, person and place.
There is no behavior disorder that interferes with safe driving, as assessed by a physician or APNP.
There are, at the time of the application for or renewal or holding of the endorsement, no destructive behaviors or suicidal tendencies.

(c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of operator’s license shall meet all of the following mental and emotional function criteria:

There is no dementia that is unresponsive to treatment.
There is no behavior disorder with threatening or assaultive behavior at the time of application.
Any delusional system does not interfere with safe driving, as assessed by a physician or APNP.
There is no impairment of judgment that interferes with safe driving as assessed by a physician or APNP.
There is no active psychosis that interferes with safe driving, as assessed by a physician or APNP.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (1) (c), (e), r. (3) (b) 2. to 4., renum. (3) (b) 4., 6. to be (3) (b) 2., 3. and am. 2., (c) 5., 6. to be (c) 4., 5., r. (3) (c) 4., 7., Register, June, 1996, No. 486, eff. 7-1-96; CR 04-117: am. (3) (b) 3. Register April 2005 No. 592, eff. 5-1-05; CR 06-099: am. (3) (b) 2. and (c) 3. to 5., Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.13 Conditions affecting respiratory function {#sec-trans-112.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.13}

(1) With respect to conditions affecting respiratory function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:

(a) Chronic obstructive pulmonary disease.

(b) Asthma.

(d) Bronchitis.

(e) Tuberculosis.

(f) Silicosis.

(g) Pulmonary emboli.

(h) Pulmonary hypertension.

(i) Pulmonary tumors.

(2) The department may require information on functional ability including, but not limited to, the following:

(a) Incapacitating cough.

(b) Shortness of breath.

(d) Inadequate ventilation.

(e) Fatigue.

(f) Right ventricular enlargement.

(g) Acute respiratory failure.

(h) Hypoxemia or hypercapnia.

(i) Need for medication or oxygen therapy.

(j) Pulmonary function tests.

(3)

(a) Licensing standards. No license or endorsement may be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting respiratory function of this subsection.

(b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds school bus or passenger endorsement shall meet all of the following respiratory function criteria:

Pulmonary disease is healed or inactive.
Values obtained from pulmonary function tests for forced vital capacity and forced expiratory volume in one second are not less than 65% of normal values.
There is no required oxygen use.
Medications improve breathing but do not interfere with safe driving.
There is no diagnosis of sleep apnea unless the physician or APNP indicates treatment has been successful and the condition will not impair ability to safely operate a commercial vehicle.

(c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of operator’s license shall meet all of the following respiratory function criteria:

The person does not require medication or treatment that interferes with safe driving.
There is no dyspnea that interferes with safe driving, as assessed by a physician or APNP or determined through a driving evaluation.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; r. (3) (b) 3., 6., 7., renum. (3) (b) 4., 5. to be (3) (b) 3., 4. and am. 4., cr. (3) (b) 5., am. (3) (c) 1, Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (3) (b) 5. and (c) 2., Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.14 Conditions affecting sensory function {#sec-trans-112.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.14}

(1) With respect to conditions affecting sensory function, the review boards when making recommendations, and the department when taking licensing action, may consider conditions including, but not limited to, the following:

(a) Cataracts.

(b) Macular degeneration.

(d) Diabetic retinopathy.

(e) Glaucoma.

(f) Deafness.

(2) The department may require information on functional ability including, but not limited to, the following:

(a) Visual acuity.

(b) Field of vision.

(3)

(a) Licensing standards. No endorsement or license may be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting sensory functions of this subsection.

(b) Corrective lenses. A person needing corrective lenses to meet the standards in this section shall be restricted to use of those lenses while driving. No person may use a bioptic telescopic or similar lens in order to meet the visual acuity standards of this subsection if the lens reduces the field of vision below the standards in this subsection.

(c) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the following criteria:

Visual acuity of at least 20/40 in each eye, corrected or uncorrected.
A horizontal, temporal field of vision of 70° or more from center in each eye.
The ability to distinguish traffic signal colors of red, green and amber.
Either of the following:

a. The ability to hear with or without a hearing aid the instructions given in normal conversational tones during the course of the screening test for vision and the driving examination.

b. No hearing loss greater than 40 decibels at 500 Hz, 1000 Hz and 2000 Hz, with or without a hearing aid, based on a test by an audiometric device.

(d) Medical standards for commercial driver licenses. A person who applies for, renews, or holds a commercial driver license shall meet all of the following criteria:

Visual acuity of at least 20/60 or better in at least one eye as assessed by a vision specialist.
A horizontal, temporal field of vision of 70° or more from center in at least one eye.

(e) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of operator’s license shall meet all of the following criteria:

Uncorrected or corrected visual acuity of at least 20/100 or better in at least one eye, as assessed by a vision specialist.
A horizontal, temporal field of vision of 20° or more from center in at least one eye.

(f) Referral or evaluation. The department shall refer a person for examination by a vision specialist as specified in subds. 1., 2. and 4. and shall restrict any license issued to a person having a vision condition specified in subds. 1. to 4. as follows:

If a person has uncorrected or corrected visual acuity of less than 20/40 in each eye, but at least 20/60 in one eye, the department shall refer the person to a vision specialist for examination and an advisory recommendation. The person shall complete a driving evaluation as recommended by the vision specialist. The person’s license shall be assigned restrictions, based upon a recommendation from the vision specialist or the results of a driving evaluation demonstrating adequate compensation for the loss of vision.
If a person has uncorrected or corrected visual acuity of less than 20/60 in each eye, but 20/100 or better in one eye, the department shall refer the person to a vision specialist for examination and an advisory recommendation. The person shall complete a driving evaluation. The person’s license shall be assigned restrictions, based upon a recommendation from the vision specialist and the results of a driving evaluation demonstrating adequate compensation for the loss of vision.
If a person has a horizontal, temporal field of vision of less than 70° from center in one eye and 70° or more from center in the other eye, the person’s license shall be restricted to driving with an outside rear view mirror to compensate for the loss of field of vision. A person restricted to driving with a right outside rear view mirror may have this restriction waived based on a driving evaluation demonstrating adequate compensation for the loss of field of vision.
If a person has horizontal, temporal field of vision of less than 70° from center in each eye, the person shall be referred to a vision specialist for an examination and an advisory recommendation. The person shall complete a driving evaluation. The person’s license shall be restricted to driving with outside rear view mirrors to compensate for the loss of field of vision. The person’s license may be subject to additional license restrictions, but these may be waived based on a recommendation from a vision specialist and a driving evaluation demonstrating adequate compensation for the loss of field of vision.

(g) Special restricted operator’s licenses.

No persons with visual acuity of 20/200 or less in the better corrected eye, as certified by a vision specialist, may be issued a special restricted operator’s license.
Persons applying for or holding a special restricted operator’s license with visual acuity between 20/100 and 20/200, but not including 20/200 in the better corrected eye, as certified by a vision specialist, shall be restricted to daylight hours of operation only. Additional restrictions under s. 343.135 (6), Stats., may also be applied.
Except as provided in s. 343.135, Stats., all other regulatory and statutory licensing provisions which apply to operator’s licenses also apply to special restricted licenses.

Note: Special restricted operators licenses may authorize the operation of a moped or motorbicycle, s. 343.135, Stats.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; reprinted to correct error, Register, October, 1991, No. 430; am. (3) (b), (e) 1., 2., (f) 1., 2., 4., Register, June, 1996, No. 486, eff. 7-1-96.

Wis. Admin. Code § Trans 112.15 Non-medical requirements for school bus drivers {#sec-trans-112.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.15}

(1) The department may not issue or renew a school bus endorsement to any person convicted of any of the following state laws or 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:

(a) First-degree intentional homicide, s. 940.01, Stats.

(ag) First-degree reckless homicide, s. 940.02, Stats.

(ar) Felony murder, s. 940.03, Stats.

(b) Second-degree intentional homicide, s. 940.05, Stats.

(bg) Second-degree reckless homicide, s. 940.06, Stats.

(br) Homicide by intoxicated use of vehicle or firearm, s. 940.09, Stats.

(cg) Battery, substantial battery, or aggravated battery under s. 940.19 (2), (4), (5), or (6), Stats.

(cr) Battery to a pregnant woman or unborn child, s. 940.195, Stats.

(d) Mayhem, s. 940.21, Stats.

(dg) Sexual assault, s. 940.225 (1) to (3m), Stats.

(dr) Reckless injury, s. 940.23, Stats.

(e) Abuse of vulnerable adults, s. 940.285, Stats.

(eg) Abuse and neglect of patients and residents, s. 940.295, Stats.

(er) Taking hostages, s. 940.305, Stats.

(f) Kidnapping, s. 940.31, Stats.

(fg) Administering dangerous or stupefying drug, s. 941.32, Stats.

(fr) Criminal gang member solicitation and contact, s. 941.38, Stats.

(g) Robbery, s. 943.32, Stats.

(gg) Incest, s. 944.06, Stats.

(gr) Public fornication, s. 944.15, Stats.

(h) Sexual gratification, s. 944.17, Stats.

(hg) Lewd and lascivious behavior, s. 944.20, Stats.

(hr) Obscene material or performance, s. 944.21, Stats.

(i) Making lewd, obscene or indecent drawings, s. 944.23, Stats.

(ig) Sending obscene or sexually explicit electronic messages, s. 944.25, Stats.

(ir) Prostitution, s. 944.30, Stats.

(j) Patronizing prostitutes, s. 944.31, Stats.

(jg) Soliciting prostitutes, s. 944.32, Stats.

(jr) Pandering, s. 944.33, Stats.

(k) Keeping a place of prostitution, s. 944.34, Stats.

(kg) Treason, s. 946.01, Stats.

(kr) Sabotage, s. 946.02, Stats.

(L) Sedition, s. 946.03, Stats.

(Lg) Sexual assault of a child, s. 948.02 (1) and (2), Stats.

(Lr) Engaging in repeated acts of sexual assault of the same child, s. 948.025, Stats.

(m) Physical abuse of a child, s. 948.03, Stats.

(mg) Causing mental harm to a child, s. 948.04, Stats.

(mr) Sexual exploitation of a child, s. 948.05, Stats.

(n) Causing a child to view or listen to sexual activity, s. 948.055, Stats.

(ng) Incest with a child, s. 948.06, Stats.

(nr) Child enticement, s. 948.07, Stats.

(o) Use of a computer to facilitate a child sex crime, s. 948.075, Stats.

(og) Soliciting a child for prostitution, s. 948.08, Stats.

(or) Sexual intercourse with a child age 16 or older, s. 948.09, Stats.

(p) Sexual assault of a student age 16 or older by a school instructional staff person, s. 948.095, Stats.

(pg) Exposing genitals or pubic area to child, s. 948.10, Stats.

(pr) Exposing a child to harmful material or harmful descriptions or narrations, s. 948.11 (2) (a) or (am), Stats.

(q) Possession of child pornography, s. 948.12, Stats.

(qg) Child sex offender working with children, s. 948.13 (2), Stats.

(qr) Abandonment of a child, s. 948.21, Stats.

(r) Neglecting a child, s. 948.21, Stats.

(rg) Concealing death of a child (at birth), s. 948.23, Stats.

(rr) Abduction of another’s child; constructive custody, s. 948.30, Stats.

(s) Solicitation of a child to commit a felony, s. 948.35, Stats.

Note: Section 948.35, Stats., was repealed by 2001 Wis. Act 109, eff. 2-1-03.

(t) Contributing to the delinquency of a minor, s. 948.40, Stats.

(u) Leaving or storing a loaded firearm within the reach or easy access of a child, s. 948.55, Stats.

(v) Possession of firearm in school zone, s. 948.605, Stats.

(w) Any of the following drug-related crimes under s. 961.41, Stats.:

Manufacture, distribution or delivery, s. 961.41 (1) (a) to (1) (j), Stats.
Possession with intent to manufacture, distribute or deliver, s. 961.41 (1m) (a) to (1m) (j), Stats.
Distribution or delivery or attempt to deliver or distribute an imitation controlled substance, s. 961.41 (4) (am), Stats.

(x) Keep or maintain any place for drug use, manufacture, keeping or delivering, s. 961.42 (1), Stats.

(y) Using a child for illegal drug distribution or manufacturing, s. 961.455, Stats.

(z) Distribution of controlled substances to persons under age 18, s. 961.46, Stats.

(2) The department may not issue or renew a school bus endorsement to any person who within the 5 years immediately preceding the date of application is convicted of any of the following state laws or 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:

(a) Any felony under ch. 940, Stats., not listed in sub. (1).

(am) Any conviction under ch. 948, Stats., not listed in sub. (1).

(b) Any felony in the commission of which a motor vehicle is used, except those offenses listed in sub. (1) or (3).

(bm) Fleeing from or attempting to elude a traffic officer, s. 346.04 (3), Stats.

(c) Operating a motor vehicle under the influence of an intoxicant or other drug or with a prohibited alcohol concentration, s. 346.63 (1), Stats.

(cm) Causing injury by operating a motor vehicle under the influence of an intoxicant or other drug under s. 346.63 (2), Stats.

(d) Operating a motor vehicle with a prohibited alcohol concentration while under the legal drinking age, s. 346.63 (2m), Stats.

(dm) Operating a commercial motor vehicle with a prohibited alcohol concentration, s. 346.63 (5), Stats.

(e) Causing injury by operating a commercial motor vehicle with a prohibited alcohol concentration, s. 346.63 (6), Stats.

(em) Operating a commercial motor vehicle or being on duty time while having any alcohol concentration, within 4 hours of consuming alcohol or being intoxicated, or while possessing alcohol under s. 346.63 (7) (a), Stats., if the applicant has been previously convicted of any offense under s. 346.63 (7) (a), Stats., or any local ordinance in conformity with s. 346.63 (7) (a), Stats., 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 s. 346.63 (7) (a), Stats., if the person had committed the offense in this state and been convicted of the offense under the laws of this state.

(f) Failure to stop and render assistance at the scene of a motor vehicle accident, s. 346.67 (1) (c), Stats.

(fm) Assisting suicide under s. 940.12, Stats.

(g) Sexual exploitation by a therapist, s. 940.22 (2), Stats.

(gm) Injury by intoxicated use of a vehicle under s. 940.25 (1), Stats.

(h) Unsafe burning of building, s. 941.11, Stats.

(hm) Disarming a peace officer, s. 941.21, Stats.

(i) Machine guns and other weapons, s. 941.26, Stats.

(im) Possession of short-barreled shotgun or rifle, s. 941.28, Stats.

(j) Possession of a firearm by felon, s. 941.29, Stats.

(jm) Possession of electric weapon, s. 941.295, Stats.

(k) Use or possession of a handgun and an armor-piercing bullet during crime, s. 941.296, Stats.

(km) Firearm silencers, s. 941.298, Stats.

(L) Recklessly endangering safety, s. 941.30, Stats.

(Lm) Possession of explosives, s. 941.31, Stats.

(m) Placing foreign objects in edibles, s. 941.325, Stats.

(mm) Tampering with household products, s. 941.327, Stats.

(n) Arson of buildings; damage of property by explosives, s. 943.02, Stats.

(nm) Arson of property other than buildings, s. 943.03, Stats.

(o) Arson with intent to defraud, s. 943.04, Stats.

(om) Molotov cocktails, s. 943.06, Stats.

(p) Burglary, s. 943.10, Stats.

(pm) Unauthorized use of an individual’s personal identifying information or documents, s. 943.201, Stats.

(q) Loan sharking, s. 943.28, Stats.

(qm) Threats to injure or accuse of crime, s. 943.30, Stats.

(r) Forgery, s. 943.38 (1) or (2), Stats.

(rm) Failure to comply with officer’s attempt to take person into custody, s. 946.415, Stats.

(s) Assaults by prisoners, s. 946.43, Stats.

(sm) Assisting or permitting escape, s. 946.44, Stats.

(t) Harboring or aiding felons, s. 946.47, Stats.

(tm) Kidnapped or missing persons; false information, s. 946.48, Stats.

(u) Destruction of documents subject to subpoena, s. 946.60, Stats.

(um) Obstructing justice, s. 946.65, Stats.

(v) Bomb scares, s. 947.015, Stats.

(vm) Any of the following drug-related crimes under s. 961.41, Stats.:

Possession of piperdine, s. 961.41 (1n), Stats.
Possession – gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam, s. 961.41 (3g) (f), Stats.
Conspiracy, s. 961.41 (1x), Stats.
Counterfeit substances, s. 961.41 (2) (a) to (d), Stats.
Possession, s. 961.41 (3g), Stats.

(w) Acquiring or obtaining possession of controlled substance by fraud or forgery—counterfeit substance or packaging, s. 961.43 (1) and (2), Stats.

(x) Possession and disposal of waste from manufacture of methamphetamine, s. 961.67, Stats.

(y) Any other felony not specified in this subsection or in sub. (1) or (3) that has an element of the use or threat of use of force or the causing or the threat of causing injury to the life or bodily security of another person.

(z) An attempt to commit, or being a party to commission of, any offense enumerated in this subsection.

(3) The department may not issue or renew a school bus endorsement to any person who within the 2 years immediately preceding the date of application is convicted of any of the following state laws or 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:

(ae) Operating a motor vehicle while operating privileges are suspended or revoked or while the operator is disqualified, s. 343.44 (1) (a), (b) or (d), Stats.

(am) Reckless driving, s. 346.62, Stats.

(as) Negligent operation of a motor vehicle, s. 941.01, Stats.

(b) Endangering safety by use of a dangerous weapon, s. 941.20, Stats.

(d) Criminal damage to railroads, s. 943.07, Stats.

(4) Any person who is disqualified from obtaining or renewing a school bus endorsement because of that person’s conviction for an offense listed under sub. (1) or (2) may provide evidence satisfactory to the department that the conviction was for a misdemeanor. Upon receiving the evidence, the department shall reduce the period of disqualification as follows:

(a) Notwithstanding sub. (1) (intro.), for a misdemeanor conviction for an offense listed under sub. (1), the department may not issue or renew a school bus endorsement for that person for 5 years after the date of conviction. This paragraph does not apply to any misdemeanor conviction listed under s. Trans 112.15 (1) (i).

(b) Notwithstanding sub. (2) (intro.), for a misdemeanor conviction for an offense listed under sub. (2), the department may not issue or renew a school bus endorsement for that person for 2 years after the date of conviction.

Note: See s. 343.12, Stats., for additional offenses or traffic violations that may prohibit issuance of a school bus endorsement.

(5)

(a) The department shall consider a conviction under a Wisconsin statute to be in substantial conformity with an offense listed under sub. (1), (2) or (3) if substantially similar elements of the offense listed under sub. (1), (2) or (3) must be proven.

(b) The department shall consider the law of another jurisdiction or federal law or law of a federally recognized American Indian tribe or band in this state to be in substantial conformity with an offense listed under sub. (1), (2) or (3) if substantially similar elements of the offense listed under sub. (1), (2) or (3) must be proven under the law of another jurisdiction or under federal law or under a law of a federally-recognized American Indian tribe or band in this state.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 04-117: r. and recr. Register April 2005 No. 592, eff. 5-1-05; subs. (1) and (2) renum. under 13.93 (2m) (b) 1., Stats., Register April 2005 No. 592; correction in (2) (x) made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618; CR 06-099: renum. (5) to be (5) (b) and am., cr. (5) (a), Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.155 Condition of employment for school bus drivers {#sec-trans-112.155 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.155}

(1) The department shall require any person who applies for issuance or renewal of a school bus endorsement to certify whether the person has been convicted of any offense listed under s. Trans 112.15 (1), (2) or (3). The person shall submit the certification on a form prescribed by the department. The department shall deny or cancel a school bus endorsement based on a certification that the person has been so convicted. This certification shall be submitted to either the employer, who shall maintain it as a portion of the driver’s record, or to the department on form MV3740, “School Bus or Alternative Vehicles Transporting Students Driver License Information Request.”

Note: Form MV3740 may be obtained at any DMV customer service center or by calling (608) 266-2353.

(2) The department shall conduct a criminal history record search on each person who applies for issuance and renewal of a school bus endorsement, and on each person 4 years after the initial issuance or renewal of that person’s school bus endorsement.

(3) If a person applying for a school bus endorsement has resided in another state within the 2 years preceding the date of the application, the person shall notify the department of those other states of residence and the approximate dates of the residency. Upon receiving that information, the department shall make a good faith effort to obtain the person’s criminal history records from the other states of residence, including submitting the person’s fingerprints to the department of justice for a nationwide criminal history records search. The department may require an applicant who has resided in another state within the previous 2 years to pay a fixed fee, in an amount not to exceed the department’s costs, related to collecting fingerprints and completing the 2 criminal history records searches required at initial issuance or renewal and at 4 years after initial issuance or renewal.

(4) The department may require any applicant for a school bus endorsement to provide 2 sets of fingerprints for a criminal history records search.

History

CR 04-117: cr. Register April 2005 No. 592, eff. 5-1-05; CR 22-048: am. (1) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 112.16 License restrictions {#sec-trans-112.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.16}

(1) The department may restrict a person’s operating privilege based on any of the following:

(a) A recommendation of a physician, APNP or vision specialist.

(b) The results of a driving examination or evaluation.

(2) License restrictions may require a person to wear corrective lenses, use specially equipped vehicles, wear a hearing aid, operate only during daylight hours, restrict a person’s driving area, or restrict a person’s operating privilege in any other manner which the department deems necessary for safety purposes.

(3) License restrictions shall apply to all classes of vehicles whose operation is authorized by the license, unless the restriction is specifically limited to a certain class or classes.

(4) License restrictions may only be removed by the medical professional who recommended them, or by the department following the department’s evaluation of the person’s ability to drive.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 04-117: cr. (4) Register April 2005 No. 592, eff. 5-1-05; CR 06-099: am. (1) (a) and (4), Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.17 Periodic reports {#sec-trans-112.17 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.17}

The department may require a person who has a progressive, recurring or debilitating condition to submit to follow-up examinations and reports by a physician, APNP or vision specialist as a condition of licensure.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 06-099: am. Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.18 Driving evaluation {#sec-trans-112.18 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.18}

(1) If a physician, APNP or vision specialist recommends that the person complete a test of driving ability, and the department deems that person eligible, the driving evaluation or examination shall be in a vehicle representative of the highest licensing classification the person holds or for which the person is applying. A driving evaluation may consist of a knowledge and sign identification test and an on-road test of driving ability.

(2) The department may require a driving evaluation of any person having any significant limb, hand or foot defect or limitation, including full or partial amputations.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 04-117: am. Register April 2005 No. 592, eff. 5-1-05; CR 06-099: renum. Trans 112.18 to be (1) and am., cr. (2), Register June 2007 No. 618, eff. 7-1-07.

Wis. Admin. Code § Trans 112.19 Notice of departmental licensing actions {#sec-trans-112.19 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.19}

(1) Persons affected by any departmental licensing action shall be given written notice thereof by first class mail sent to the person’s most recent mailing address on file with the department.

(2) A notice of license denial or cancellation shall include the specific reasons for the action and information on applicable review and appeal procedures.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91.

Wis. Admin. Code § Trans 112.20 Review boards {#sec-trans-112.20 omnilex-key=us-wi-regs-official--agency-trans--Trans 112.20}

(1) A person whose license is denied or canceled under ss. Trans 112.05 to 112.14 may request an appearance before a review board to obtain a review of the department’s licensing action.

(2) A review board may assess the person’s medical history and may recommend that an exception be granted by the department if, in the review board’s medical opinion, the person’s medical condition does not impair the person’s ability to safely operate the class or type of motor vehicle for which the person’s operating privilege has been denied. No exceptions may be granted to the standards of ss. Trans 112.03 (2), 112.05 (3) (b) 1. to 3., 112.10 (3) (c) 1. or 112.14 (3) (e) 1. and 2., and a person who does not meet those standards may not request a review board assessment.

History

Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (2), Register, November, 1993, No. 455, eff. 12-1-93; CR 04-117: am. (2) Register April 2005 No. 592, eff. 5-1-05.

Chapter Trans 113 ADMINISTRATIVE SUSPENSION OF OPERATING PRIVILEGE FOR OPERATING A MOTOR VEHICLE WITH A PROHIBITED ALCOHOL CONCENTRATION

Wis. Admin. Code § Trans 113.01 Purpose and scope {#sec-trans-113.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 113.01}

As authorized by s. 85.16 (1), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of s. 343.305 (7) and (8), Stats., relating to arrest for operating with a prohibited alcohol concentration, administrative suspension of operating privilege and reviews therefor.

Note: Prohibited alcohol concentration is defined by s. 340.01 (46m), Stats.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; am. Register, January, 1991, No. 421, eff. 2-1-91; am. Register, August, 1993, No. 452, eff. 9-1-93.

Wis. Admin. Code § Trans 113.02 Definitions {#sec-trans-113.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 113.02}

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:

(1) “Hearing examiner” means an examiner or officer of the department authorized to conduct administrative reviews.

(2) “Law enforcement officer” means any person employed by the state or any political subdivision of the state for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce.

(3) “Office of the department” means an office of the department that is staffed by personnel of the bureau of field services region 5 days a week, or is the home office location in the assigned region for bureau of field services personnel who regularly travel to other locations.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; r. and recr. (1), renum. (2) to (6) to be (3) to (7), cr. (2), Register, January, 1991, No. 421, eff. 2-1-91; r. and recr., Register, August, 1993, No. 452, eff. 9-1-93; am. (1), r. (3), renum. (4) to be (3), Register, July, 1995, No. 475, eff. 8-1-95; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 113.03 Law enforcement officer actions and information provided to driver {#sec-trans-113.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 113.03}

If a person is tested for alcohol concentration in accordance with s. 343.305, Stats., and test results indicate a prohibited alcohol concentration, the law enforcement officer shall:

(1) Take possession of the license issued to the person that was issued under ch. 343, Stats. If the person is operating under a license issued by another jurisdiction, the law enforcement officer shall take possession of that license. The license shall be forwarded to the department. Any valid Wisconsin operator’s license may be accepted as a deposit pursuant to s. 345.23 (2) (c), Stats., prior to being forwarded to the department.

(2) Provide the person with 2 separate forms as follows:

(a) A notice of intent to suspend which does all of the following:

Serves as a 30 day temporary operator’s license, provided the person has a valid license status.
Notifies the person that his or her operating privilege will be administratively suspended in 30 days.
Notifies the person of the right to obtain administrative and judicial review of the suspension.

(b) An administrative review request which contains a section for the person to request an administrative review.

(3) Within 5 days after the date of the notice of intent to suspend operating privilege, forward the license, if available, a copy of the form used to inform the accused person of Wisconsin’s implied consent law; a copy of the arrest report; a copy of the chemical test result that is the basis of the suspension and, if available, the results of any other chemical tests related to the incident; and a copy of the notice of intent to suspend operating privilege to the nearest division of motor vehicles headquarters or, if the offense occurred in Milwaukee, Waukesha or Dane county, to region one motor vehicle headquarters.

(4) If the information in sub. (3) is provided, the officer need not appear at the administrative review unless subpoenaed under s. 805.07, Stats.

(5) If a review is requested and the information required in sub. (3) is not received or postmarked within 5 days after the date of the notice of intent to suspend, the suspension shall be vacated.

(6) Upon request, copies of the information in sub. (3) shall be provided to the person or his or her representative.

(7) In addition to the information submitted by the officer, a copy of all intoxilyzer 5000 maintenance reports shall be submitted on a regular basis by the division of state patrol to the location indicated in sub. (3).

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; emerg. am. (4), cr. (4) (b) and (c), eff. 12-30-88; am. (intro.) and (2) (intro.) (3) and (4), renum. (2) (a), (b) and (c) to be (2) (a) 1. to 3., r. (2) (d), cr., (2) (a) (intro.) and (b), Register, January, 1991, No. 421, eff. 2-1-91; am. (intro.), Register, August, 1993, No. 452, eff. 9-1-93; am. (3), Register, July, 1995, No. 475, eff. 8-1-95; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 113.04 Reviews {#sec-trans-113.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 113.04}

(1) Written request for a review must be received or postmarked within 10 days after the date of the notice of intent to suspend operating privilege under s. Trans 113.03 or if notification is by mail, within 13 days, excluding Saturdays, Sundays and holidays, after the date of mailing.

(2) Reviews shall be conducted:

(a) By the department at the office in the county where the offense allegedly occurred or, if the offense allegedly occurred in a county in which the department does not maintain an office, at the office of the department nearest to the location where the offense allegedly occurred.

(b) Within the 30 day period after the date of the notice of intent to suspend operating privilege.

(3) The issues the person wishes to contest at the review may be specified with the request for review. At the review, the person may present evidence and may be represented by counsel. The examiner shall consider and determine the reliability of all the evidence presented at the time of the review. Statements and reports of law enforcement officers are subject to the same standards of credibility applied to all other evidence presented. The issues shall be limited to any of the following:

(a) The correct identity of the person.

(b) Whether the person was informed of the options regarding tests as required under s. 343.305 (4), Stats.

(d) Whether one or more tests were administered in accordance with s. 343.305, Stats.

(e) If one or more tests were administered in accordance with s. 343.305, Stats., whether each of the test results for those tests indicate the person had a prohibited alcohol concentration.

(f) Whether probable cause existed for the arrest.

(g) Whether the person was driving or operating a commercial motor vehicle when the offense allegedly occurred.

(4) Upon receipt of a request for review, the examiner shall schedule the time and place and send notice to the person by first class mail at least 5 days prior to the review. The 5 day notice may be replaced by actual notice if a shorter period is necessary in order to hold the review within the 30 day period after the date of the notice to suspend operating privilege.

(5) If the person requests a review but does not appear at the time and place scheduled, the administrative suspension shall take effect as provided in s. Trans 113.05.

(6) The person may submit written arguments limited to the issues in sub. (3) if the written arguments are submitted with the request for review and the person indicates the written arguments are in lieu of a personal appearance.

(7) The examiner may permit testimony by telephone if the site of the administrative review is equipped with telephone facilities to allow multiple party conversations.

(8) If at any time the person submits written evidence from a facility certified by the state laboratory of hygiene and meeting the requirements of s. 885.235 (1), Stats., indicating the person did not have a prohibited alcohol concentration, the suspension will be vacated.

(9) If the examiner finds to a reasonable certainty by evidence that is clear, satisfactory and convincing that the criteria in s. 343.305 (8) (b), Stats., for administrative suspension have not been satisfied, or that the person did not have a prohibited alcohol concentration at the time the offense allegedly occurred:

(a) The examiner shall notify the person in writing and shall order that the administrative suspension of the person’s operating privilege be rescinded; and

(b) The person’s license shall be returned without payment of a reinstatement fee under s. 343.21 (1) (j), Stats.

(10) If the examiner finds to a reasonable certainty by evidence that is clear, satisfactory and convincing that the criteria for administrative suspension have been satisfied and that the person had a prohibited alcohol concentration at the time the offense allegedly occurred:

(a) The examiner shall provide the person with a judicial review request form and notify the person in writing of the review decision and right to judicial review and stay of the suspension as provided in s. 343.305 (8) (c), Stats.

(b) The administrative suspension shall take effect as provided in s. Trans 113.05 and s. 343.305 (7) (a), Stats.

(c) The administrative suspension is vacated if the examiner fails to mail the notice to the person within 30 days after the date of the notice of intent to suspend operating privilege under s. Trans 113.03.

(11) Examiners shall conduct reviews in an impartial and detached manner. The result of an individual review may not be considered in any personnel action involving the examiner or performance review of the examiner by the department.

(12) No testimony given by any witness may be used in any subsequent action or proceeding.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88; emerg. cr. (7g), (7m) and (7s), am. (9) (a) eff. 12-30-88; am. (1), (3) (intro.), (c) and (e), renum. (7) to (10) to be (8) to (11) and am., cr. (3) (g), (7), (10) (c) and (12), Register, January, 1991, No. 421, eff. 2-1-91; am. (3) (c), (e), (8), (9) (intro.) and (10) (intro.), Register, August, 1993, No. 452, eff. 9-1-93; r. (2) (b), renum. (2) (c) to be (2) (b), am. (11), Register, July, 1995, No. 475, eff. 8-1-95.

Wis. Admin. Code § Trans 113.05 Suspensions {#sec-trans-113.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 113.05}

The suspension shall be effective beginning at 12:01 A.M. on the 31st day after the date of the notice of intent to suspend operating privilege under s. Trans 113.03, unless the department is notified by the examiner that the criteria in s. 343.305 (8) (b), Stats., for administrative suspension have not been satisfied.

History

Cr. Register, December, 1987, No. 384, eff. 1-1-88.

Wis. Admin. Code § Trans 113.06 Department to vacate administrative suspension {#sec-trans-113.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 113.06}

The department shall vacate the administrative suspension unless within 60 days of the date of the request for judicial review of the administrative hearing decision, the department has been notified of the results of the judicial review or of an order of the court entering a stay of the examiner’s order continuing the suspension.

History

Emerg. cr. eff. 12-30-88; cr. Register, January, 1991, No. 421, eff. 2-1-91.

Chapter Trans 114 UNIFORM TRAFFIC CITATION

Wis. Admin. Code § Trans 114.01 Purpose and scope {#sec-trans-114.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 114.01}

As authorized by s. 345.11 (4), Stats., the purpose of this chapter is to establish a uniform traffic citation form and to provide a mechanism for field testing future revisions to the uniform traffic citation form as proposed by the council on uniformity of traffic citations and complaints.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § Trans 114.02 Definitions {#sec-trans-114.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 114.02}

The words and phrases defined in ss. 340.01 and 343.01, Stats., and ch. 345, Stats., have the same meaning in this chapter unless a different meaning is expressly provided or the context clearly indicates a different meaning. In this chapter:

(1) “Automated citation” means an automated uniform traffic citation described in s. 345.11 (2), Stats., created on a computer and printed on paper in the format prescribed by this chapter, rather than on a preprinted citation form.

(2) “Field test” means to utilize a prototype traffic citation form among a representative number of law enforcement jurisdictions that volunteer to field test it.

(3) “Prototype uniform traffic citation form” means a form created by the secretary’s council on uniformity of traffic citations and complaints, which serves as a model for field testing and against which the secretary’s council bases its recommendations for improvements when drafting the final version of the uniform traffic citation form.

(4) “Field test jurisdiction” means a law enforcement jurisdiction which volunteers to field test a prototype uniform traffic citation form.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 02-153: am. (intro.), renum. (1) to (3) to be (2) to (4) and am. (2), cr. (1) Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § Trans 114.03 Prototype uniform traffic citation form use {#sec-trans-114.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 114.03}

A prototype uniform traffic citation form may be used in field tests for the purpose of evaluating the changes authorized under s. 345.11, Stats., and to allow for input by affected parties toward the final design of the uniform traffic citation form. The prototype uniform traffic citation form will be used in lieu of the current traffic citation form in the field test jurisdictions during the field test. However, use of the prototype uniform traffic citation form does not invalidate the use of the current uniform traffic citation in the field test jurisdictions or in any other jurisdiction during the field test period.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 02-153: am. Register June 2003 No. 570, eff. 7-1-03; CR 12-019: am. (title) Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § Trans 114.04 Safeguards {#sec-trans-114.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 114.04}

To ensure the authenticity of documents and prevent fraud, the department may implement procedures designed to prevent duplication or fraudulent alteration of documents, including:

(1) Requiring control numbers appear on preprinted and automated citations.

(2) Issuing blocks of control numbers to designated law enforcement agencies, law enforcement officers, or specific computers, to be printed on automated citations.

(3) Auditing the use of citation forms and automated citation systems.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 02-153: r. and recr. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § Trans 114.05 Field test findings {#sec-trans-114.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 114.05}

The department shall analyze the uniform traffic citation form field test findings and make recommendations for improvements to the council on uniformity of traffic citations and complaints.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 02-153: am. Register June 2003 No. 570, eff. 7-1-03.

Wis. Admin. Code § Trans 114.06 Uniform traffic citation {#sec-trans-114.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 114.06}

(1) Preprinted uniform traffic citations. The preprinted uniform traffic citation forms shall be a 4-page preprinted form distributed by the department, the pages of which shall conform to the following requirements:

(a) Each printed copy of the form shall contain a unique control number, determined by the department.

(b) The front side of each page of the uniform traffic citation shall be identical and shall be in the format set forth in figure 1.

Page one of the form is intended for use and filing by the court in which the citation is used. The reverse side of page one shall contain information needed by the court in the format set forth in figure 2.
Page 2 of the form is intended for eventual submission to the department. The reverse side of page 2 shall contain a report of court disposition in the format set forth in figure 3. The report shall be sent to the department within 5 days of the resolution of the case.

Note: s. 345.37 (5).

Page 3 of the form is intended for distribution to the person who is issued the citation. The reverse side of that page shall contain information for the person who was issued the citation in the format set forth in figure 4.
Page 4 of the form is intended for retention by the issuing agency. The reverse side of that page shall contain space for the issuing officer or agency to enter notes or other information, and shall be in the format set forth in figure 5.

(2) Automated uniform traffic citation systems.

(a) A person who is issued an automated citation shall be served with a printed citation in the format set forth in figure 6. The citation shall be printed on 8.5 inch by 11 inch white paper and shall match the format and content requirements of figure 6 exactly. The citation shall include a unique control number assigned to the issuing agency, officer or computer by the department.

(b) The issuing agency shall supply data included on an automated citation to the clerk of court for the court before whom the person is required to appear. Data shall be provided in the format and within the timeframe required by that court.

(c) Within 5 days of the resolution of the case, the clerk of courts shall transmit the data included on the automatic citation, together with information regarding the resolution of the case to the department in the format required by the department.

Note: s. 345.37 (5), Stats.

(d) An agency or court using an automated citation system shall maintain the data necessary to recreate a copy of the originally issued citation according to the agencies’ or courts’ records disposition policies.

(e) If a court is unable to transmit data related to electronic citations to the department through the use of automated systems, the court may send the information necessary to enter the citation and court disposition in the department’s records to the department by other means, provided the information is submitted in the format required by the department.

Note: The Council on Uniformity of Traffic Citations and Complaints is adopting these rules to encourage the use of electronic citations because they find the electronic exchange of data to be efficient and cost effective.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; emerg. r. and recr. eff. 7-16-90; r. and recr. Register, October, 1990, No. 418, eff. 11-1-90; CR 02-153: cr. (1) and (2) Register June 2003 No. 570, eff. 7-1-03; CR 12-019: am. (2) (a) Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § Trans 114.07 Use of uniform traffic citation {#sec-trans-114.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 114.07}

(1) Use of old forms. Law enforcement agencies may use any of the uniform traffic citation forms that have been printed and are in use or storage, until stores of printed forms are consumed.

(2) Newly printed forms. All uniform traffic citation forms printed after October 1, 2015, shall conform to the requirements of s. Trans 114.06.

(3) Notice of court date required on completed citation. In addition to the information specified in s. 345.11 (2), Stats., the completed uniform traffic citation served on a defendant driver shall include the date and time at which the defendant driver is required to appear in court or by which the defendant driver must post deposit or bail for the offense or pay the forfeiture.

Note: At the time the Uniform Traffic Citation was initially created, different jurisdictions printed and used different forms. Use of those forms was prohibited and remains prohibited. Subsequent changes to the uniform traffic citation, however, are largely cosmetic and have been made for convenience of law enforcement, the courts and the Department. All uniform traffic citation forms provide the essential information needed by a defendant, the courts and DOT. Therefore, this chapter permits old stores of forms to be used as a cost-saving measure for law enforcement agencies. Using up old stores of forms also helps to prevent misuse of discarded forms.

History

Emerg. cr. eff. 7-16-90; cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 02-153: am. (1), r. and recr. (2) Register June 2003 No. 570, eff. 7-1-03; CR 12-019: cr. (1) (title), (2) (title), am. (2), cr. (3) Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § Trans 114.08 Changes to the uniform traffic citation {#sec-trans-114.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 114.08}

(1) The secretary may change the citation content and format in this chapter without rule making in order to:

(a) Change the order of fields for data processing purposes.

(b) Make any change needed to conform the form to changes in state law.

(c) Make any content or format change on the reverse side of page one of the form requested by the director of state courts.

Note: The reverse side of page one of the form is shown in Figure 2 to this rule.

(d) Make any content or format change on the reverse side of page 4 of the form requested by law enforcement agencies.

Note: The reverse side of page one of the form is shown in Figure 5 to this rule.

(2) Any change made under this section shall be promptly reported to the council on uniformity of traffic citations and complaints.

Note: The Department adopts this provision as necessary to the implementation and operation of s. 345.11(4), Stats., at the recommendation of the Council on Uniformity of Traffic Citations and Complaints.

Conforming the traffic citation to changes in state law without rule making or to changing the form or content of the citation may be accomplished without rule making. s. 227.01(13)(j) and (q), Stats. The provisions of sub. (1)(c) and (d) should not be used by the Department to make substantive changes relating to the use of the Uniform Traffic Citation. Clearinghouse Rules 02-153 Comments, Wisconsin Legislative Council Rules Clearinghouse.

History

CR 02-153: cr. Register June 2003 No. 570, eff. 7-1-03.

Chapter Trans 115 THIRD PARTY TESTING

Wis. Admin. Code § Trans 115.01 Purpose {#sec-trans-115.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.01}

As authorized by s. 343.02, Stats., the purpose of this chapter is to establish policies and procedures to authorize persons, other than employes of the department, to conduct the commercial driver license skills tests required of commercial driver license applicants. Authority to administer CDL skills tests will be granted only to third party testers under agreement with the department and utilizing third party examiners recognized and deemed qualified by the department.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 115.02 Definitions {#sec-trans-115.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.02}

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 addition, in this chapter:

(1) “Authority” or “authorization” means the document issued to a third party tester allowing the holder to administer the authorized testing program on behalf of the department.

(2) “Authorized testing program” means the CDL skills tests required by the department which shall be administered by a third party tester.

(3) “CDL” means commercial driver license.

(4) “CDL skills test” means the test of a person’s ability to drive a commercial motor vehicle by performing the pre-trip, basic control and road test maneuvers required by ch. Trans 104.

(5) “CMV” means commercial motor vehicle.

(6) “Department sanctioned CDL examiner training course” means a course conducted by the department or a school of the Wisconsin technical college system authorized by the department, to prepare a person to conduct the CDL skills test.

(7) “Examiner identification certificate” means a certificate issued to a person who has been authorized by the department as a qualified third party examiner to conduct the CDL skills test.

(8) “FMCSA” means the federal motor carrier safety administration.

(9) “FMCSR” means the federal motor carrier safety regulations promulgated by the U.S. department of transportation.

(10) “Primary place of business” means the central operating location of the third party tester in the state of Wisconsin.

(11) “Third party examiner” means a person who is employed by a third party tester and who holds a valid examiner identification certificate issued by the department.

(12) “Third party tester” means a person including, but not limited to, an agency or department of this state or its political subdivisions or another state, or a private employer authorized by the department to administer the authorized testing program for CDL applicants in accordance with this chapter.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1), Register, November, 1995, No. 479, eff. 12-1-95; correction in (6) made under s. 13.93 (2m) (b) 6., Stats., Register, November, 1995, No. 479; CR 15-065: r. and recr. (8) Register August 2016 No. 728, eff. 9-1-16.

Wis. Admin. Code § Trans 115.03 Employment of department employes {#sec-trans-115.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.03}

No third party tester granted authority under the provisions of this chapter may engage the service of an employe of the department as an examiner, agent or employe.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 115.04 Requirements for third party testers {#sec-trans-115.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.04}

(1) To be granted third party tester authority, a party shall:

(a) Make application to and enter into an agreement with the department. The application shall be made on a form supplied by the department and include all of the following:

Certification that the applicant maintains a primary place of business with at least one permanent regularly occupied structure.
Certification that the primary place of business is safe, meets all requirements of state law and local ordinances, and, along with all records, is locked and secured when not in use.
The official name, address and telephone number of the primary place of business.
Certification that the applicant employs a safety officer or official who is responsible for the organization’s third party testing operation.
The name, title, address and telephone number of the safety officer or other official who has been designated as a contact person with the department.
Certification that the applicant employs at least one third party examiner.
The type of organization the applicant represents including, but not limited to, governmental entity, association, motor carrier, educational institution.
If applicable, a description of the vehicle fleet owned or leased by the applicant, including the number of CMVs by class and type.
The class of testing and endorsements for which the applicant is applying.
If applicable, the total number of Wisconsin licensed drivers employed to operate CMVs.
A designated skills test route or routes acceptable to the department which shall include all of the following:

a. The address of each Wisconsin location where the applicant intends to conduct the CDL skills tests.

b. A description of the off-road facilities as well as a map, drawing or written description of each test route that will be used for the on-road portion of the CDL skills test.

A $100 application fee.

(2) The department will evaluate the materials submitted by the third party tester applicant, and if the application materials are satisfactory, the department shall schedule an on-site inspection and audit of the applicant’s third party testing program.

(3) As a condition of any grant of authority, an approved third party tester shall:

(a) Continue to satisfy all the terms and conditions required in the application process.

(b) Not exceed the fee set by the department for applicants taking a CDL skills test or the prorated fee for any portion of the test.

(d) Maintain at the primary place of business an alphabetical driver file listing each CDL skills test conducted, whether the driver passes or fails the test. Each record shall be maintained for a minimum of 2 years and include all of the following:

The driver’s complete name, address, phone number and employer.
The driver’s current license number, license class, license endorsements, license restrictions, expiration date and issuing jurisdiction.
The dates the driver took the CDL skills tests.
The CDL classification, endorsements and restrictions applied for by the CDL applicant.
The test score sheets showing the results of the CDL skills tests.
The name and certificate number of the third party examiner conducting the CDL skills test.
Copies of receipts for fees collected from CDL applicants.
The registration number of the CMVs used during the testing.
A copy of the written agreement, if applicable, with any person being tested.

(e) Maintain at the primary place of business an annual log of CDL skills tests conducted, whether the driver passes or fails the test. Each record shall be maintained for a minimum of 2 years and include all of the following:

The date of the skills test.
The driver’s name.
The CDL classification, endorsements and restrictions applied for by the CDL applicant.
The name and certificate number of the third party examiner conducting the CDL skills test.
The results of the CDL skills test.

(f) Maintain a record, at the primary place of business, for each third party examiner in the employ of the third party tester. Each record shall be maintained for a minimum of 5 years and include all of the following:

A copy of a valid certificate.
A copy of the third party examiner’s current driving record, which must be updated annually.
Evidence that the third party examiner is an employe of the third party tester.

(g) Ensure that the CDL skills tests are conducted in accordance with the requirements of ch. Trans 104 and the instructions provided by the department.

(gm) Ensure that the CDL skills tests are scheduled no later than two business days prior to each test using electronic means authorized by the department.

Note: The two-day scheduling period is required by 49 C.F.R. 383.75(a)(8)(viii).

(h) Provide proof of successful test completion, on a form provided by the department, to each driver applicant who passes the required CDL skills test. This CDL skills test certification form shall provide a record of all tests or portions of tests passed or failed. The driver applicant shall present this form to the department as a condition of obtaining a CDL.

(hm) Report all CDL test results to the department within 48 hours of test completion using a department-approved secure electronic means. Results from successful or unsuccessful CDL pre-trip inspections, basic CMV control and road skills tests, and records of all other CDL tests or portions of tests passed or failed shall be reported under this paragraph.

Note: 49 C.F.R.383.75(b) requires electronic reporting of CDL test results to the Department by secure electronic means.

(i) Notify the department of each driver applicant who fails the basic controls and road test portion of the CDL skills test in the following manner:

In the manner directed by the department.
Within 48 hours.
On a CDL skills test score sheet form provided by the department.

(j) Ensure that vehicles used for CDL skills tests are properly registered and meet minimum safety requirements of federal and state law.

(k) Administer a minimum of 10 CDL skills tests per year for different individuals.

(L) Request and obtain authorization from the department for any proposed changes in the CDL skills test route, test content, or test procedures.

(m) Notify the department in writing of any of the following:

Any change of third party tester name or address 30 days prior to the change.
Discontinuation of business in Wisconsin as a third party tester.
Any third party examiner who fails to comply with any of the department’s CDL skills test requirements.

(n) Not permit any individual to administer a skills test to an applicant who received CDL training from that individual.

Note: 49 C.F.R. 383.75(a)(7). provides that if an individual receives skills training from an instructor, that instructor may not administer a third party skills test of the individual. The analysis for the regulation at 78 FR 17877 (March 25, 2013) states that FMCSA intends that instructors who provide any type of training to an individual should not conduct a CDL skills test examination of that individual. This rule is drafted consistently with the expressed intent of the federal regulation.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. (1) (a) 7., am. (3) (d) (intro.), 8. and (e) (intro.), Register, June, 1992, No. 438, eff. 7-1-92; am. (3) (d) 1. and 8., and (k), Register, May, 1994, No. 461, eff. 6-1-94; CR 15-065: am. (1) (a) 2., (3) (c), cr. (3) (gm), (hm), r. and recr. (3) (i) 1., am. (3) (i) 2., (k), cr. (3) (n) Register August 2016 No. 728, eff. 9-1-16.

Wis. Admin. Code § Trans 115.05 Requirements for third party examiners {#sec-trans-115.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.05}

(1) To be granted an examiner identification certificate, a third party examiner shall:

(a) Make application to the department.

(b) Possess a valid Wisconsin CDL with classification and endorsements necessary for operation of the class and type of CMV used in the CDL skills tests conducted by the examiner.

(d) Have successfully passed and paid all fees for a department sanctioned CDL examiner training course.

(e) Within 4 years prior to application have had no convictions for operating any motor vehicle while intoxicated.

(f) Within 4 years prior to application have had no operator’s license suspensions, revocations, cancellations or disqualifications for a traffic offense other than parking violations.

(g) Have had no conviction involving fraudulent activities, and within 10 years prior to application and subject to ss. 111.321, 111.322, and 111.335, Stats., have had no felony conviction.

(h) Meet all of the following physical standards:

Have no impairment of a hand, arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a CMV or any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a CMV.
Vision—acuity of 20/40 in either eye and at least 20/100 in the other eye with or without corrective lenses and a horizontal, temporal field of vision of 70 degrees or more from the center in each eye and ability to recognize the colors of traffic signals.
Hearing—The applicant shall hear normal spoken voice with or without corrective help.

(2) Application for an examiner’s identification certificate shall be made on a form supplied by the department including the following:

(a) Full name, home and business addresses, date of birth, operator’s license number, and telephone number.

(b) Driving history, including class of current license and any endorsements, and restrictions.

(c) Name, address and telephone number of the applicant’s employers who applied for or received authority as a third party tester.

(d) Employer’s recommendation of the applicant for an examiner’s identification certificate.

(e) Date and place applicant successfully passed department sanctioned CDL examiner training course. An original application shall be accompanied by written proof verifying passage of the course, prepayment of course fees to the department, and completion of the department’s fingerprinting process.

(f) The class of testing and endorsements for which the applicant is applying.

(g) A $25.00 application fee.

(3) The department may require a report of medical examination, completed within the past 90 days, to determine the applicant’s ability to perform normal tasks associated with operating a commercial motor vehicle. The cost of obtaining the required medical information is the responsibility of the third party examiner.

(4) The department will evaluate the materials submitted by each third party examiner applicant including the applicant’s driving record and may test the applicant for knowledge and skill.

(5) As a condition of a grant of an examiner’s identification certificate, a third party examiner shall:

(a) Continue to satisfy all the terms and conditions in subs. (1) and (2).

(b) Take part in all department required training courses, including retaking full, partial, or specialized CDL skills test examiner training when warranted because of performance or compliance issues, and all other department required workshops, and seminars. A person who has not had a valid certificate in the past 4 years shall retake department sanctioned CDL training.

(bm) Successfully complete a refresher training course and examination every four years. The refresher training course shall comply with the requirements of 49 CFR 384.228(f).

Note: This refresher training requirement is imposed upon states at 49 CFR 384.228(f). The State is required to rescind certification to act as a third party tester if a person fails to complete mandatory refresher training. See 49 CFR 384.228(j)(1).

(c) Conduct a minimum of 10 CDL skills tests per year for different individuals in accordance with this chapter and current instructions provided by the department. The examiner’s identification certificate shall be revoked for failure to meet this requirement.

Note: See 49 C.F.R. 383.75(c).

(d) Notify the department in writing within 10 days of any of the following:

Any change of employment with third party testers.
Any change in class of commercial driver’s license testing authorization.

(e) Not administer a skills test to any person that the examiner has provided any CDL related training.

Note: See 49 C.F.R. 383.75(a)(7) and s. Trans 115.04 (3) (n) (note).

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1) (b) and (5) (c), Register, June, 1992, No. 438, eff. 7-1-92; CR 15-065: am. (1) (g), (2) (a), (e), (5) (b), cr. (5) (bm), am. (5) (c), cr. (5) (e) Register August 2016 No. 728, eff. 9-1-16; CR 22-048: am. (4) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 115.06 Authority and certificates {#sec-trans-115.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.06}

(1) An authorization document shall be issued to each qualified third party tester.

(2) An examiner’s identification certificate shall be issued to each qualified examiner of the third party tester.

(3) A copy of the examiner’s identification certificate shall be displayed in the primary place of business of the third party tester.

(4) The authorization document issued by the department to a third party testing program shall be displayed in the primary place of business of the third party tester.

(5) A third party tester authorization or examiner identification certificate shall be non-transferable.

(6) Each authorization document or examiner identification certificate shall be effective on the date of issuance and shall expire at the end of the calendar year, except that it shall expire at the end of the next calendar year if issued after June 30.

(7) All renewal application forms and fees shall be submitted to the department not less than 30 days prior to the time the previous authorization or examiner’s identification certificate expires.

Note: The department will not be responsible for the timely issuance of any renewal authorization document or examiner’s identification certificate when the application is not received in the required time frame.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (7), Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § Trans 115.07 On-site inspections and audits {#sec-trans-115.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.07}

(1) A new applicant for third party tester authority shall allow the FMCSA or the department, or both, to inspect and audit its operations, facilities and records as they relate to its third party testing program, for the purpose of determining whether the applicant is qualified to be granted authority.

(2) A third party tester who has been granted authority shall allow the department or FMCSA, or both, to inspect and audit its third party testing program to determine whether it remains in compliance with this chapter.

(3) The department or FMCSA, or both, may perform inspections and audits at any time with or without prior notice to the third party tester.

(4) Inspections and audits shall be conducted at least biennially and shall include an examination of all of the following:

(a) Records relating to the third party testing program.

(b) Evidence of compliance with the FMCSR, Wisconsin statutes and this chapter.

(d) Vehicles used for testing.

(e) Qualifications of third party examiners.

(f) Effectiveness of the CDL skills test program which shall be determined by any of the following means:

Having department employes take the CDL skills tests actually administered by the third party examiner.
Retesting a sample of drivers who were examined by the third party.
Having department employees’ co-score along with the third party examiner during CDL skills tests.

(g) Any other aspect of the third party tester’s operation that the department determines is necessary to verify that the third party tester meets the requirements of this chapter.

(5) The department shall prepare a written report of the results of each inspection and audit. A copy of the report shall be provided to the third party tester.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 15-065; am. (1) to (3), (4) (intro.), cr. (4) (f) 3. Register August 2016 No. 728, eff. 9-1-16.

Wis. Admin. Code § Trans 115.08 Professional conduct and advertising {#sec-trans-115.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.08}

(1) Third party examiners shall conduct themselves in a professional manner and display good driving behavior.

(2) A third party tester may advertise that the tester is authorized by the department of transportation to conduct CDL skills tests but may not indicate that a program is approved, sanctioned, or in any other way endorsed by the department over another program.

(3) No third party examiner or tester or employe or agent of a third party tester shall:

(a) Publish, advertise or imply any of the following:

That a program can issue or guarantee the issuance of a CDL.
That the tester can influence the department’s decision to issue a CDL.
That preferential or advantageous treatment from the department can be obtained.

(b) Provide CDL applicants with exact copies of testing material used by the department to conduct CDL examinations.

(c) Accept bribes or offer anything of value to influence the CDL examination, or issuance of a CDL completion form or license.

(d) Solicit any individual on a premises rented, leased, or owned by the department for the purpose of enrolling that individual in any third party testing program.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 115.09 Minimum insurance and bond requirements {#sec-trans-115.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.09}

(1) All third party testers shall maintain commercial insurance coverages and limits as follows:

(2) As evidence of required insurance coverage, the third party tester shall file with the department one of the following:

(a) A certificate of insurance issued by an insurance company licensed to do business in this state.

(b) A certificate of self insurance issued by a group motor vehicle self insurance pool, stating that there is in effect a contract of insurance providing the coverage required to participate in this program, which certificate shall stipulate that the insurance shall not be canceled except upon 30 days prior written notice to the department.

(3) A certificate of insurance or self insurance shall include a make, model, year and identification number of every vehicle which will be used by the third party tester to administer CDL skills tests.

(4) All third party testers that are not an agency or department of this state or its political subdivisions or another state shall maintain a bond in an amount set in a schedule determined by the department. The bond amount shall be sufficient to pay for retesting of drivers in the event the third party tester or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of CDL applicants.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 15-065: am. (title), cr. (4) Register August 2016 No. 728, eff. 9-1-16.

Wis. Admin. Code § Trans 115.10 Test administration {#sec-trans-115.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.10}

(1) Skills tests shall be conducted strictly in accordance with the provisions of ch. Trans 104 and with current test instructions provided by the department. Such instructions may include information on CDL skills test content, route selection, test forms, examiner procedures, and administrative procedures.

(2) Skills tests shall be conducted:

(a) On test routes authorized by the department.

(b) In a CMV that is representative of the class and endorsement for which the CDL applicant seeks to be licensed and for which the third party examiner is qualified to test.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 115.11 Denial and cancellation of third party testing {#sec-trans-115.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.11}

(1) The department may cancel, deny or refuse to renew a third party tester authorization or an examiner’s identification certificate for any of the following:

(a) The organization or person does not qualify as a third party tester or examiner under the provisions of this chapter.

(b) Failure to comply with or satisfy any of the provisions of a third party tester agreement or any other requirements of this chapter.

(d) Falsification of any records or information relating to third party tester or examiner program.

(e) Commission of any act which compromises the integrity of the third party tester or examiner program.

(2) The department shall cancel or refuse to renew a certificate when the third party examiner’s operator’s license is suspended, revoked, or canceled.

(3) If the department determines that grounds for cancellation exist for failure to comply with or satisfy any of the requirements of this chapter or the third party tester contract, the department may postpone the cancellation and allow the third party tester or examiner 30 days to correct the deficiency.

(4) A person whose application, examiner identification certificate or third party tester authorization has been denied or canceled under this chapter may request that the department conduct a hearing. The request shall be in writing and filed with the department within 20 days after the date of such denial or cancellation. The department shall schedule the hearing no later than 30 days from the receipt of the request unless a later date is agreed to between the department and the person requesting the hearing. A hearing notice shall be sent to the person’s last known address by first class mail.

(5) The results of the hearing conducted by the department for denial or cancellation under this chapter is subject to judicial review in the manner provided in ch. 227, Stats., for the review of administrative decisions.

(6) Any third party tester or examiner shall surrender the authorization or certificate upon demand by the department.

(7) A person whose authorization or certificate has been denied or canceled under this chapter may reapply upon termination of the period of time, if any, set by the department. The department shall require the applicant to provide proof that the conditions that caused the denial or cancellation have been corrected or are no longer applicable.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (4), Register, November, 1995, No. 479, eff. 12-1-95.

Wis. Admin. Code § Trans 115.12 Program cancellation {#sec-trans-115.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 115.12}

The department reserves the right to cancel the third party testing program.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Chapter Trans 117 OCCUPATIONAL DRIVER’S LICENSE

Wis. Admin. Code § Trans 117.01 Purpose and scope {#sec-trans-117.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 117.01}

(1) The purpose of this chapter is to administratively interpret ss. 343.10, 343.20, 351.07 and 961.50, Stats., and the interaction of these statutory provisions with the general licensing requirements of ch. 343, Stats. This chapter establishes the procedure for obtaining an occupational license. It establishes department policy regarding the issuance of occupational licenses.

(2) This chapter applies to any person petitioning a court for review of a department order authorizing or denying the issuance of an occupational license and to all persons applying to the department or a court for the issuance of an occupational license.

Note: Procedure and eligibility requirements for occupational licenses are set forth in ss. 343.10 and 351.07, Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1), Register, August, 1993, No. 452, eff. 9-1-93; emerg. am., eff. 11-1-96; am. (1) and (2), Register, June, 1997, No. 498, eff. 7-1-97.

Wis. Admin. Code § Trans 117.02 Definitions {#sec-trans-117.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 117.02}

(1) The words and phrases defined in ss. 340.01, 343.01 and 343.04 (1), Stats., have the same meaning in this chapter unless a different meaning is specifically provided.

(2) In this chapter:

(a) “Alcohol offense” means a suspension, revocation or conviction that may be counted under s. 343.307 (1), Stats. Multiple suspensions, revocations or convictions arising out of the same incident or arrest shall be counted as one alcohol offense.

(b) “Basic driver license” means a regular license, commercial driver license, motorcycle only license, special restricted license or probationary license, as those terms are used in s. 343.03 (3), Stats., that has been revoked, suspended, cancelled or disqualified.

(e) “DMV service center” means a division of motor vehicles service center.

(f) “License” means any authority to operate a motor vehicle issued under ch. 343, Stats., or this chapter.

(g) “Occupational license” means an operator’s license issued under s. 343.10, Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; renum. (2) (a), (e) and (f) to be (2) (am), (c) and (d), cr. (2) (a), r. (2) (c) and (d), Register, August, 1993, No. 452, eff. 9-1-93; emerg. am. (2) (b), renum. (2) (c) and (d) and am. (2) (d), cr. (2) (c), eff. 11-1-96; renum. (2) (a), (am), (b), (c) and (d) to be (2) (b), (c), (d), (f) and (g) cr. (2) (a) and (e), Register, June, 1997, No. 498, eff. 7-1-97; CR 05-034: r. (2) (c) and (d) Register September 2005 No. 597, eff. 10-1-05.

Wis. Admin. Code § Trans 117.025 Process {#sec-trans-117.025 omnilex-key=us-wi-regs-official--agency-trans--Trans 117.025}

(1) A person whose license is revoked as a habitual traffic offender under ch. 351, Stats., shall petition a circuit court in the person’s county of residence for an order authorizing the person to obtain an occupational license before applying for the license with the department.

(2) A person may apply to the department for an occupational license by submitting an application meeting the requirements of s. Trans 117.05 to any DMV service center, except an express service facility.

(3) The department shall accept the application for an occupational license and may issue a temporary driving receipt to an applicant if it appears to the DMV service center that the person is eligible for an occupational license. The temporary driving receipt shall be valid only until the earliest of the following:

(a) The date the department issues a photo occupational license to the person.

(b) The date the department preliminarily denies the person an occupational license.

(4) Following acceptance of the application, the department shall conduct a review of the application to determine eligibility for occupational licensing. After completion of the review, the department shall issue an occupational license to the driver or issue a letter constituting a preliminary denial of occupational license to the driver. A letter of denial shall state the specific reasons for the denial. The applicant may be required to return to a DMV service center, except an express service facility, so that a photo occupational license may be issued.

Note: See s. 343.10 (3) (b), Stats.

(5) A person may seek review of a preliminary denial of an occupational license by filing a petition for occupational license with a circuit court in the person’s county of residence in the manner provided in s. 343.10 (4), Stats.

(6) The court shall consider the number and seriousness of prior traffic convictions in determining whether to grant or deny the petition. The court may, in conducting its review, order modification or changes to any prohibitions or restrictions ordered to be imposed on the person under s. Trans 117.03 (4) or (5).

(7) If a petition is denied by the court, the department may not issue an occupational license to the person, unless the petition was denied solely because of the person’s failure to meet one or more of the criteria of s. Trans 117.03 (2), the person has taken action to meet each of those criteria, and the person meets each of those criteria.

Note: For example, a driver whose petition is denied by a court solely for failure to provide proof of financial responsibility for the future would be eligible for licensing upon filing proper proof of financial responsibility for the future, notwithstanding the court’s order.

(8) If a petition is granted by the court, the department shall receive the court’s order and treat it and the applicant’s petition to the court as an application for occupational license. The department shall issue an occupational license to the person, subject to any restrictions ordered by the court or required under s. Trans 117.03 (3), unless issuance of an occupational license to the person is prohibited under s. Trans 117.03 (2).

(9) A decision by the department to deny issuance of an occupational license or to deny licensing for certain classes of vehicles based on the criteria in s. Trans 117.03 (2) or (3) following circuit court review under s. 343.10 (4), Stats., is subject to judicial review in the manner provided in s. 343.40, Stats.

History

Emerg. cr., eff. 11-1-96; cr. Register, June, 1997, No. 498, eff. 7-1-97; CR 05-034: am. (8) Register September 2005 No. 597, eff. 10-1-05.

Wis. Admin. Code § Trans 117.03 Eligibility {#sec-trans-117.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 117.03}

(1) General. An occupational license may be issued to a Wisconsin resident who meets the requirements of s. 343.10, Stats., who is otherwise eligible to receive a license in the state of Wisconsin, and whose petition for an occupational license is granted by a court or by the department.

(2) Mandatory requirements. The department may not issue an occupational license unless all of the following criteria are met:

(a) The person is a resident of the state of Wisconsin.

Note: See s. 343.06 (1) (k), Stats.

(b) The person’s license is suspended or revoked.

Note: Drivers with cancelled or disqualified licenses are not eligible for occupational licensing. s. 343.10 (1) (a), Stats.

(c) The person has filed proof of financial responsibility for the future covering all vehicles the person seeks permission to operate.

Note: See s. 343.10 (2) (a) 2., Stats.

(d) The person has submitted an application containing all materials and information required under s. Trans 117.05.

(f) The person has installed any ignition interlock devices the person has been ordered to install as a condition of an occupational license or pursuant to a court order under s. 343.301 (1g), Stats.

(g) The person has completed assessment and is in compliance with the driver safety plan required by the assessment if the person has 2 or more prior alcohol offenses. For purposes of this paragraph, a person shall be presumed to be in compliance with the driver safety plan if the department has not received a report of non-compliance or license denial from the assessment agency or traffic safety school.

Note: See s. 343.10 (2) (e), Stats.

(h) The person has reinstated all operating privileges in all other states in which the person’s operating privilege or license was suspended or revoked if the occupational license will be the first license issued to the person after moving to this state.

Note: s. 343.38 (4), Stats.

(i) The person successfully passes any required examinations.

Note: See s. 343.06 (1) (f), Stats.

(j) The person is not prohibited from holding an operator’s license as a result of conviction for a sex-related offense under s. 343.06 (1) (i) or 343.30 (2d), Stats.

(k) The person has not filed more than one petition with a circuit court for an occupational license since the last date on which the department issued an occupational license to the person.

Note: See s. 343.10 (4) (c), Stats.

(m) The person’s operating privilege has not been suspended or revoked during the one year period preceding the present revocation or suspension. For purposes of this paragraph, multiple suspensions or revocations arising out of the same incident or occurrence shall count as one suspension or revocation.

Note: See s. 343.10 (2) (a) 1., Stats.

(n) Any minimum mandatory waiting period required under s. 343.10 (2) (a) 4., Stats., or specified in any other provision of law has expired. The waiting period commences on the date the suspension or revocation is imposed. Each revocation or suspension imposed has its own waiting period. The waiting periods may run concurrently. Where waiting periods do not run concurrently, no credit may be granted for waiting periods resulting from multiple suspensions or revocations arising out of one incident or occurrence. A reduction in the length of a suspension or revocation does not affect the length of the waiting period for an occupational license. An appeal or other judicial action that stays a suspension or revocation also stays the running of any required waiting period for that suspension or revocation.

Note: See s. 343.10 (2) (a) 4., Stats.

(3) Mandatory restrictions. Occupational licenses shall be restricted as follows:

(a) No occupational license may include a notation authorizing operation of a class of vehicle if the person’s license, prior to suspension or revocation, did not bear a notation for that class of vehicle.

Note: See s. 343.10 (2) (b), Stats.

(b) No occupational license may include an endorsement if the person’s license prior to suspension or revocation did not properly bear the endorsement.

Note: See s. 343.10 (2) (b), Stats.

(d) An occupational license shall prohibit a person from operating a motor vehicle with an alcohol concentration of more than 0.0% if the person’s driver record contains 2 or more alcohol offenses.

Note: See s. 343.10 (5) (a) 2., Stats.

(e) No occupational license may permit the operation of a motor vehicle for which the person has not provided proof of financial responsibility for the future.

Note: See s. 343.10 (2) (a) 2., Stats.

(f) No occupational license may authorize the operation of a school bus or commercial motor vehicle.

Note: See ss. 343.10 (2) (c) and 343.10 (5) (a) 1.

(g) No occupational license may authorize operation of a motor vehicle for any purpose other than an occupation or trade, including homemaking, full-time or part-time study, church attendance, or travel necessary to comply with a driver safety plan.

Note: See ss. 343.10 (1) (a) and (5) (a) 1.

(j) An occupational license shall include all restrictions that applied to the person’s basic driver license, including any graduated driver license restrictions.

Note: See s. 343.10 (5) (a) 1., Stats.

(4) Discretionary prohibitions. The department may not issue an occupational license to any person who does any of the following:

(a) Accumulates 24 or more demerit points in the one year period preceding application.

(b) Accumulates 3 or more alcohol offenses on the person’s driver record that were committed in the 5 year period preceding application.

Note: Section 343.10 (3) (a), Stats., requires the Department to consider the number and seriousness of offenses in determining whether to issue an occupational license. Circuit courts may order issuance of occupational licenses to drivers whose applications are rejected by the Department under this provision. See s. Trans 117.025 (6).

(5) Discretionary restrictions. The department may restrict occupational licenses as follows:

(a) The department shall require installation of an ignition interlock device as a condition of an occupational license for a person in any of the following instances:

The person is convicted of an offense for which an ignition interlock is ordered to be imposed on the person’s vehicle under s. 343.301 (1g), Stats.
A court orders or recommends the person’s operating privilege be restricted to vehicles equipped with an ignition interlock device.

Note: Section 343.10 (5) (a) 3., Stats., permits the Department to require ignition interlock devices of drivers who have 2 or more prior alcohol offenses. This provision provides that the Department will impose the restriction whenever courts order or recommend it. This discretionary decision may be reviewed on a de novo basis by a circuit court following a petition by the driver. See s. Trans 117.025 (6).

(b) An occupational license may be restricted to operation at those certain times of the day or in those certain areas which are necessary for the person to engage in the person’s occupation, including homemaking, full-time or part-time study, participation in a driver safety plan ordered under s. 343.30 (1q), Stats., or church attendance.

Note: See s. 343.10 (5) (a), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; renum. to be (1), cr. (2), Register, August, 1993, No. 452, eff. 9-1-93; emerg. r. and recr. (2), cr. (3) to (5), eff. 11-1-96; r. and recr. (2), cr. (3) to (5), Register, June, 1997, No. 498, eff. 7-1-97; am. (3) (j), Register, August, 2000, No. 536, eff. 9-1-00; CR 05-034: r. (2) (e) and (L), (3) (c), (h) and (i), am. (2) (f) and (k), (3) (f), (5) (a) 1. Register September 2005 No. 597, eff. 10-1-05; CR 08-072: cr. (2) (n) Register November 2008 No. 635, eff. 12-1-08; corrections in (2) (f) and (5) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.

Wis. Admin. Code § Trans 117.05 Application {#sec-trans-117.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 117.05}

(1) All applications for occupational licenses shall include:

(a) An operator’s license application form.

(b) A conviction status report from the court that convicted the applicant of the offense for which the applicant’s license has been revoked or suspended, unless the court has previously reported the conviction to the department and the conviction appears on the department’s computer data base of driver records.

(d) A completed application for occupational license form.

(e) Proof of financial responsibility for the future which shall specify the vehicle or vehicles the person seeks authority to operate.

(2) The application for an occupational license of a person whose license is revoked under s. 351.025, Stats., shall include the original or a certified copy of the court order authorizing the issuance of an occupational license to the person.

(3) An application for occupational license submitted following circuit court review of a preliminary denial of occupational license shall include a copy of all findings and orders issued by the reviewing court.

(4) All applications, conviction status reports and petitions for occupational license submitted in applying for an occupational license shall be on department forms and shall include all requested information. The completed occupational license application form shall include all of the following information:

(a) The person’s full name, birth date, driver license number, address, telephone number, if any, and social security number, except as provided in s. Trans 102.15 (5) (b) and (c).

(b) The area in which the person seeks authority to operate designated by county or state.

(c) An indication of whether the person seeks authorization to operate for purposes of work, church, homemaker duties, compliance with a driver safety plan, or full-time or part-time study.

(e) An indication of whether the person seeks emergency service operator privileges under s. Trans 117.09 (2).

(f) A description of the person’s occupation and the name of the person’s employer.

(g) Specification of the hours of operation requested by the driver.

(h) An affirmation by the person that operating a motor vehicle at the times and locations specified in the application is essential to the person’s livelihood and necessary to fulfill the duties of the person’s occupation.

(i) The person’s signature in the format first name, middle name or initial, last name.

(j) Any other requested information.

(5) An application for occupational license submitted by a person who has been ordered to install an ignition interlock device under s. 343.301 (1g), Stats., shall include a copy of the order and proof of installation.

Note: Forms MV3001, Application for License, and MV3027, Application/Petition and Order for Occupational Operator License, are available at motor vehicle service centers.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; cr. (1) (c), am. (3), Register, August, 1993, No. 452, eff. 9-1-93; emerg. cr. (1) (d) and (e), (4) (a) to (k) and (5), am. (2) and (4), r. and recr. (3), eff. 11-1-96; cr. (1) (d), (e) and (5), am. (2), r. and recr. (3), renum. (4) to be (4) (intro.) and cr. (4) (a) to (j), Register, June, 1997, No. 498, eff. 7-1-97; CR 05-034: r. (4) (d), am. (5) Register September 2005 No. 597, eff. 10-1-05; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.

Wis. Admin. Code § Trans 117.07 Applications to amend or reinstate occupational licenses {#sec-trans-117.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 117.07}

(1) An application to amend an occupational license or to reinstate a revoked occupational license shall be made in the same manner as an original application for an occupational license.

(2) An application seeking to amend an occupational license issued pursuant to an order entered by a court on or after November 1, 1996, shall be presented to and approved or denied by the court which originally ordered issuance of the occupational license.

(3) A person applying to reinstate or amend an occupational license shall pay the fee specified in s. 343.10 (6), Stats. Fees collected under this subsection shall be distributed in accordance with s. 343.10 (6), Stats. No fee may be required if the application to amend the license is made only for any of the following reasons:

(a) To correct a clerical error made by the court or the department in the issuance of the occupational license.

(b) To specify the hours of operation necessary for complying with a driver safety plan if no hours are specified for that purpose on the occupational license previously issued to the person.

Note: See s. 343.26, Stats., regarding reinstatement of canceled licenses.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) made under s. 13.93 (2m) (b) 5., Stats., Register, August, 1993, No. 452, eff. 9-1-93; emerg. am. (1) and (2), r. (3), renum. (4) to be (3), cr. (3) (b), eff. 11-1-96; am. (1) and (2), r. (3), renum. (4) to be (3), cr. (3) (b), Register, June, 1997, No. 498, eff. 7-1-97.

Wis. Admin. Code § Trans 117.08 Expiration of occupational licenses {#sec-trans-117.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 117.08}

An occupational license shall expire 2 working days after the end of all suspensions and revocations of the driver’s operating privilege in effect at the time the occupational license was issued.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. Register, August, 1993, No. 452, eff. 9-1-93; emerg. am. (1) (b), (c) and (5), eff. 11-1-96; am. (1) (b), (c) and (5), Register, June, 1997, No. 498, eff. 7-1-97; CR 05-034: r. (1) to (4), renum. (5) and am. Register September 2005 No. 597, eff. 10-1-05.

Wis. Admin. Code § Trans 117.09 Specific time and routes or areas of travel limitations {#sec-trans-117.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 117.09}

(1) General. An occupational license shall specify definite hours of operation by specifying the exact times and days of the week during which the operator may operate a motor vehicle to or from church, in connection with a driver safety plan, or in order to perform the person’s occupation, trade, or duties as a homemaker or student.

(2) Emergency service providers.

(a) “Emergency service provider” means a person who is employed by a unit of government, is providing services to a unit of government, or is employed by a public utility or medical services provider, and whose occupation involves providing essential life sustaining emergency services to the public. The term includes, but is not limited to, law enforcement officers, fire fighters, forest rangers, correctional officers, snow plow and emergency vehicle drivers, doctors, veterinarians, emergency medical technicians, certified first responders, paramedics, and electric, telephone and natural or propane gas repair technicians. A person who claims to be an emergency service provider may be required to provide documentation to the department proving the person provides essential life-sustaining emergency services to the public as part of the person’s occupation.

(b) In an application for occupational license, an emergency services provider may request authorization to operate a motor vehicle, during an emergency threatening injury to a person or property, outside the specific hours of operation set forth in the application. An order authorizing such operation shall authorize only the operation of motor vehicles directly to and from the location of the emergency or the person’s place of employment and shall not authorize operation of a motor vehicle in excess of 12 hours per day or 60 hours per week.

(c) An emergency services provider who has authority to operate a motor vehicle under par. (b) and who is charged with an offense stemming from the person’s operating a motor vehicle outside the specified hours of operation set forth in the occupational license may not be convicted if the person produces in court or in the office of the arresting officer satisfactory documentation that the person was operating a motor vehicle in response to a bona fide emergency at the time of the citation.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (2) (a), Register, August, 1993, No. 452, eff. 9-1-93;em. am. (1) to (3) (a), (e) 3. and (f), eff. 11-1-96; am. (1), (2) (a) to (c), (3) (a) and (f), Register, June, 1997, No. 498, eff. 7-1-97; CR 05-034: r. (3) Register September 2005 No. 597, eff. 10-1-05.

Chapter Trans 118 EMPLOYER NOTIFICATION PROGRAM

Wis. Admin. Code § Trans 118.01 Purpose and scope {#sec-trans-118.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.01}

The purpose of this chapter is to establish an employer notification program to permit an employer to register the name of an employe and be notified by the department whenever a conviction or suspension, revocation, cancellation, disqualification or out-of-service order is recorded on the driving record of the Wisconsin licensed employe and any other driving record information that the department may reasonably include in this program.

Note: Authority for this chapter can be found at s. 343.247 (2), Stats. Forms used in this chapter are MV3555 Employer Notification Customer Agreement and MV3556 Employe Enrollment Request. These forms are available from the Wisconsin Department of Transportation, Bureau of Driver Services, P.O. Box 7917, Madison, WI 53707.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.02 Definitions {#sec-trans-118.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.02}

The words and phrases defined in ss. 340.01, 343.01, and 343.25(1), Stats., have the same meaning in this chapter unless a different definition is specifically provided.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.03 Employer notification application requirements {#sec-trans-118.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.03}

An application for the employer notification program shall be made to the department upon forms prescribed by the department, shall be accompanied by the required fees as set forth in s. Trans 118.08 and shall include such information as the department reasonably requires.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.04 Employer account codes {#sec-trans-118.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.04}

(1) Issuance. The department shall issue an employer account code upon receipt of a properly completed employer notification customer agreement form.

(2) Usage. The department may require that the employer use the employer account code for purposes of identification and invoicing procedures.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.05 Employer notification customer agreement form {#sec-trans-118.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.05}

The employer shall submit an employer notification customer agreement form under any of the following situations:

(1) When the employer is submitting an original application for enrollment in the employer notification program.

(2) When the employer is requesting that an additional account code be issued to the same employer name or to another account under the same employer name.

(3) When the employer changes its name or address, or both.

(4) When the employer requests a renewal of registration for the employer notification procedure.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.06 Employe enrollment request form {#sec-trans-118.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.06}

(1) Employe enrollment. An employer may enroll an employe in the employer notification program by submitting a written request to the department.

(2) Content. The written request shall contain the following information:

(a) The employer’s name and address.

(b) The employer’s account code.

(d) The employe’s name as it appears on the employe’s driver license.

(e) The employe’s date of birth.

(f) The employe’s social security number.

(g) Such other information as the department may require.

Note: The department will make Employe Enrollment Request Forms (MV3556) available to the public for the purpose of enrolling employes in this program. For information on obtaining forms, see s. Trans 118.01 note.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.07 Withdrawal of employes and employers {#sec-trans-118.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.07}

(1) Employe withdrawal. An employer may withdraw an employe from the employer notification program by submitting a written request to the department. The written request shall contain the information set forth in s. Trans 118.06 (2) (a) to (f).

(2) Employer withdrawal. An employer may withdraw from the employer notification program by submitting a written request to the department. The request shall include the employer’s name, account code, and any other information the department reasonably requires.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.08 Procedure and fees {#sec-trans-118.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.08}

(1) Employer initial enrollment. The department shall register an employer in the employer notification program upon receipt of a properly completed employer notification customer agreement form together with the proper fee. The registration of an employer in the employer notification program shall be issued for the calendar year and is valid only during the calendar year for which issued. For each account code issued to an employer, the fee shall be $20 for an application submitted before July 1 of a year and $10 for an application submitted on or after July 1.

(2) Renewal. At least 30 days prior to the expiration of an employer notification customer agreement form, the department shall mail to the last known address of the employer a notice of the date upon which the employer’s registration fee must be paid and the new employer notification customer agreement form returned. An employer who does not return the renewal form and fee by the date provided in the notice may be removed from the program. The renewal fee for the employer notification program is $20 per account code assigned to the employer.

(3) Employe registration. An application to register an employe in the employer notification program shall be made to the department in writing and shall be accompanied by the required fee of $2.00 per employe enrolled.

(4) Employe withdrawal. An application to withdraw an employe from the employer notification program shall be made to the department in writing.

Note: The fee for notification documents shall be $3.00 as established by s. 343.247 (2) (b), Stats.

(5) Annual reviews. Annual reviews of the fees established under this section will commence on April 1, 1993, and if the fees need to be raised so as to make the employer notification program self supporting, the fees shall be changed effective 90 days after the annual review date.

(6) Fees. The department shall establish the rate of payment for the employer notification program based on all of the following factors:

(a) The estimated annual volume of employer applications.

(b) The estimated annual volume of employer-generated registrations of employes.

(d) The estimated costs of operation, including employe salaries and fringe benefits, office space, office supplies and equipment, postage, computer charges, forms and other necessary expenses.

(e) Such other matters which the department determines have a fiscal impact on the program.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.09 Invoices {#sec-trans-118.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.09}

(1) Schedule. The department shall mail an invoice to any employer that owes employer notification fees assessed under this chapter at least once per calendar year.

(2) Billing period. Invoices will bill an employer for each notification document produced between the date of the previous invoice and the date of the current invoice.

(3) Content of invoice. Each invoice shall include:

(a) The name and address of the employer.

(b) The department invoice date.

(d) The employer account code.

(e) The total amount payable to the department.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1) and (2), Register, June, 1993, No. 450, eff. 7-1-93.

Wis. Admin. Code § Trans 118.10 Failure to comply with terms of program {#sec-trans-118.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.10}

The department may not provide employer notification documents to an employer if the employer has failed to comply with any of the provisions of this chapter including, but not limited to, paying any invoice or fee when due.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.11 Actions resulting from unpaid fees {#sec-trans-118.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.11}

(1) Cancellation of employer notification customer agreement. Failure to comply with any fee provision in this chapter may result in the cancellation of the employer’s customer agreement for the employer notification program. A cancellation shall continue until the department receives payment of all fees due under this chapter and the employer is reinstated into the program.

(2) Reinstatement. An employer who has had an employer notification customer agreement with the employer notification program canceled by the department shall pay all outstanding obligations and pay a $30 reinstatement fee before an account will be reestablished.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.12 The employer notification document {#sec-trans-118.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.12}

(1) Content. The employer notification document will contain all of the following information:

(a) The employe’s driver license number.

(b) The employe’s driver license type and expiration date.

(d) The employer’s name and account code.

(e) The employe’s name and address.

(f) The employe’s driver record information, excluding confidential data, maintained on the department’s computer.

(2) Source. The source of the information supplied to the employer on the notification document shall be limited to the data retained and available in the department’s computer database for holders of Wisconsin driver’s licenses or identification cards.

(3) When issued. Employer notification documents will be issued when there is any change in the driver record maintained by the department for an enrolled driver.

Note: No notification will be provided upon initial enrollment. Employers may obtain driver abstracts when hiring employes under ch. Trans 195.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.13 Employe and employer responsibilities {#sec-trans-118.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.13}

(1) Employe responsibilities. Nothing in this chapter shall be construed to relieve the employe from the driver notification requirements described under s. 343.245 (2), Stats.

(2) Employer responsibilities. Nothing in this chapter shall be construed to relieve the employer from the employer responsibilities described under s. 343.245 (3), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 118.14 Construction of this rule {#sec-trans-118.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 118.14}

Nothing in this chapter shall be construed to relieve the applicant for an employer notification document from submitting a complete application with the fees described in this chapter. In the event of a conflict between the provisions of ch. Trans 195 and the provisions of this chapter, the provisions of this chapter shall control.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Chapter Trans 119 COMMERCIAL MOTOR VEHICLE OPERATOR ALCOHOL USE RESTRICTIONS

Wis. Admin. Code § Trans 119.01 Definitions {#sec-trans-119.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 119.01}

(1) The words and phrases defined in ss. 340.01, 343.01, and 343.04, Stats., have the same meaning in this chapter unless a different definition is specifically provided in this chapter.

(2) Non-commercial motor vehicle means a motor vehicle that is not a commercial motor vehicle.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 119.02 Twenty-four hour out of service orders {#sec-trans-119.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 119.02}

(1) If a person refuses to submit to chemical testing under s. 343.305, Stats., or is issued a citation for a violation of s. 346.63 (7), Stats., an out of service order shall be issued notifying the operator that commercial motor vehicle operation is prohibited for the 24 hour period following issuance of the out of service order.

(2) If the arresting officer takes possession of the operator’s license under s. 343.305 (7) (b), Stats., and the operator’s driving status is valid, the officer shall issue the operator a 24 hour temporary driving receipt for the operation of non-commercial vehicles. The driving receipt shall be subject to the same restrictions as the license taken by the officer.

(3) The arresting officer shall forward copies of the out of service order, chemical test results and temporary driving receipt, if any, to the department within 5 days of issuing the out of service order. Chemical test results may be forwarded to the department at the time they become available if they are not available within the 5 days following issuance of the citation and they are not forwarded with the other documents.

Note: s. 346.63(7), Stats., is Wisconsin’s absolute sobriety statute for commercial motor vehicle operators. An officer is required to take the operator’s license if the operator refuses chemical tests under s. 343.305, Stats., or has a BAC in excess of .10 under s. 343.305 (7), Stats. The officer may take the operator’s license for violation of s. 346.63 (7), Stats. Form used: MV3546.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 119.03 Persons subject to out of service orders {#sec-trans-119.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 119.03}

Under s. 343.245 (3) (b) 3., Stats., a person is subject to an out of service order if the person operates a motor vehicle in violation of s. 346.63 (7) (a), Stats., or in violation of any federal or state law or regulation for which the person could be issued an out of service order.

Note: This rule is adopted to clarify the drafters’ intent that an employer is subject to s. 343.245, Stats., sanctions if the employer orders or allows an employe to operate a commercial motor vehicle when the employe would violate Wisconsin’s “not-a-drop” law if the employe operated a commercial motor vehicle. It is not intended to limit the scope of s. 343.245 (3) (b) 3., Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Chapter Trans 126 MUNICIPAL OR COUNTY VEHICLE REGISTRATION FEE

Wis. Admin. Code § Trans 126.01 Purpose and scope {#sec-trans-126.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 126.01}

(1) Statutory authority. As authorized by ss. 227.11, and 341.35 (4), (6), (6m) and (8), Stats., the purpose of this chapter is to establish the department of transportation’s administrative interpretation of s. 341.35, Stats., relating to a municipal or county vehicle registration fee.

(2) Applicability.

(a) This chapter applies to any municipality or county which enacts, amends, or repeals a vehicle registration fee ordinance.

(b) As provided in s. 341.35 (1), Stats., vehicles subject to the municipal or county vehicle registration fee are automobiles or motor trucks registered under s. 341.25 (1) (c), Stats., at a gross weight of not more than 8,000 pounds.

(c) For purposes of determining where a vehicle is customarily kept, the municipality or county of domicile as indicated by the vehicle owner and contained in the department’s title database shall be used. In the absence of an indicated municipality or county of domicile, the owner or lessee’s post office address shall be used to determine municipality or county of domicile.

History

Cr. Register, April, 1983, No. 328, eff. 5-1-83; am. Register, October, 1985, No. 358, eff. 11-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; CR 08-113: renum. (2) to be (2) (a), cr. (2) (b) and (c) Register May 2009 No. 641, eff. 6-1-09.

Wis. Admin. Code § Trans 126.02 Notice of enactment, amendment, or repeal {#sec-trans-126.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 126.02}

(1) When notification required. A municipal or county governing body which enacts, amends, or repeals a municipal or county vehicle registration fee ordinance under s. 341.35, Stats., shall notify the department of transportation, as required by s. 341.35 (4), Stats.

(2) Notification to be mailed to department. The notification of enactment, amendment, or repeal from the municipality or county shall be sent to:

(3) Contents of enactment notification. A notification of enactment shall include:

(a) The name of the municipal or county governing body enacting the ordinance.

(b) The date on which the ordinance was enacted.

(d) The amount of the municipal or county vehicle registration fee.

(e) The name, address and telephone number of the person in the municipality or county responsible for the administration of the ordinance.

(f) The signature of an authorized party of the municipal or county governing body.

(g) The date the notification of enactment was signed.

(4) Enactment notification requirements. A municipality or county shall provide the notification of enactment as described in subs. (1), (2) and (3) at least 90 days prior to the first day of the month in which the ordinance is effective.

(5) Contents of amendment notification. A notification of amendment shall include:

(a) The name of the municipal or county governing body amending the ordinance.

(b) The date on which the ordinance was amended.

(d) A description of the amendment, or a copy of the amended ordinance.

(e) The signature of an authorized party of the municipal or county governing body.

(f) The date the notification of amendment was signed.

(6) Amendment notification requirements. A municipality or county which amends a municipal or county vehicle registration fee ordinance shall notify the department of the amendment at least 90 days prior to the first day of the month in which the amendment is effective.

(7) Contents of repeal notification. A notification of repeal shall include:

(a) The name of the municipal or county governing body repealing the ordinance.

(b) The date on which the ordinance was repealed.

(d) The signature of an authorized party of the municipal or county governing body.

(e) The date the notification of repeal was signed.

(8) Repeal notification requirements. A municipality or county which repeals a municipal or county vehicle registration fee ordinance shall notify the department of the repeal at least 90 days prior to the first day of the month in which the repeal is effective.

History

Cr. Register, April, 1983, No. 328, eff. 5-1-83; renum. (intro.), (1) and (2) to be (1), (2) and (4) and am., cr. (3) and (5) to (8), Register, October, 1985, No. 358, eff. 11-1-85; CR 08-113: am. (2), (3) (d), (4), (6) and (8) Register May 2009 No. 641, eff. 6-1-09; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register August 2023 No. 812.

Wis. Admin. Code § Trans 126.03 Evidence of payment to be shown on registration certificate {#sec-trans-126.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 126.03}

(1) Total amount paid to be designated. The total amount paid to the department for the municipal or county vehicle registration fee may be designated on the registration certificate by words similar to “municipal fee,” or by the total amount paid.

(2) Multiple fees not itemized. If separate fees are collected for one vehicle for a municipality and a county, no itemization will be made on the registration certificate for the individual municipality or county.

History

Cr. Register, April, 1983, No. 328, eff. 5-1-83; r. and recr. Register, October, 1985, No. 358, eff. 11-1-85.

Wis. Admin. Code § Trans 126.04 Computation of administrative costs and collection and distribution of monies {#sec-trans-126.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 126.04}

(1) Reimbursement for administrative costs. In accordance with s. 341.35 (6m), Stats., the department shall capture and recover the administrative costs related to the collection of the municipal or county vehicle registration fee as follows:

(a) The administrative costs shall be computed and recovered as an administrative fee per vehicle application.

(b) The administrative fee per vehicle application shall be based on the direct costs of operation, including employee salaries and fringe benefits, office space, office supplies and equipment, postage, computer charges, printing and forms, and other necessary or indirect expenses.

(c) The department shall review the administrative fee per vehicle application annually and any over or under recovery shall become a component in the next fiscal year administrative fee.

(2) Notice of changes in the administrative fee per vehicle application. The department shall notify any participating municipality or county of changes in the administrative fee per vehicle application at least 30 days prior to the effective date of the change.

(2m) Application of municipal or county vehicle registration fee. The department shall apply a municipal or county registration fee to a vehicle covered by this chapter when the registration of the vehicle is made for the first time after the effective date of the applicable enacted municipal or county vehicle registration fee ordinance and for each renewal of the registration for the vehicle due on or after the effective date of the ordinance.

(3) Distribution of monies to municipality or county.

(a) The amount of the municipal or county registration fees returned to a municipality or county shall be the total amount collected less the administrative costs described in sub. (1).

(b) The department shall pay municipal or county vehicle registration fees collected during any month to the municipality or county no later than 30 days after the end of that month.

(4) Refunds.

(a) The department may not refund a municipal or county vehicle registration fee to an applicant.

(b) An applicant shall request a refund of a municipal or county vehicle registration fee from the appropriate municipality or county.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; CR 08-113: am. (title), (1), (2) and (3) (title), cr. (2m) Register May 2009 No. 641, eff. 6-1-09.

Chapter Trans 127 SCHOOL BUS TRIP PERMIT

Wis. Admin. Code § Trans 127.01 Purpose and scope {#sec-trans-127.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 127.01}

(1) As authorized by ss. 110.06, 227.11 and 341.26 (7) (a), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of s. 341.26 (7) (a), Stats., relating to 72 hour trip permits for school buses transporting persons who are not pupils.

(2) This chapter applies to privately owned and operated school buses when used for non-pupil, charter transportation.

(3) The following school buses owned and operated for non-pupil transportation are exempted from this chapter:

(a) School buses owned and operated by a school district and registered as provided in s. 341.26 (2) (d), Stats. The school board may use or allow the use of school buses owned and operated by the school district as authorized under s. 120.13 (27), Stats.

(b) Privately owned and operated school buses engaged in passenger-carrying operations other than as a school bus and registered as provided in s. 341.26 (7) (b), Stats.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384.

Wis. Admin. Code § Trans 127.02 Definitions {#sec-trans-127.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 127.02}

As used in this chapter:

(1) “Department” means the Wisconsin department of transportation.

(2) “Permit” means the 72 hour charter bus trip permit authorized in s. 341.26 (7) (a), Stats.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Wis. Admin. Code § Trans 127.03 Application form {#sec-trans-127.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 127.03}

Each application for a permit shall contain the following information:

(1) The name and business address of the applicant,

(2) The signature of the applicant or person authorized by the applicant, and

(3) The number of permits requested.

Note: Creates form MVD 2449.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Wis. Admin. Code § Trans 127.04 Fee {#sec-trans-127.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 127.04}

(1) The permit issuance fee of $10.00 required by s. 341.26 (7) (a), Stats., for each permit shall be paid at the time an application is filed with the department. If the remittance is by check, draft or money order, it shall be made payable to the Wisconsin department of transportation.

(2) Upon receipt of the proper remittance and verification that a certificate of insurance for the applicant is on file with the department, the number of permits requested shall be immediately forwarded to the applicant.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Wis. Admin. Code § Trans 127.05 Certification {#sec-trans-127.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 127.05}

(1) To certify the permit for operation the following information shall be typewritten upon the face of the permit:

(a) The name and address of the school bus owner and, if the school bus is leased, the name and address of the lessee,

(b) The school bus year, make, identification number, current school bus license plate number and fleet number,

(c) The specific date and time expressed in month, day and year and in time of day indicating a.m. or p.m. for which the permit is certified for operation, and

(d) The signature and title of the person authorized by the applicant to sign the permit.

(2) Upon certification of the permit, part 1 of the permit shall be carried in the school bus driver compartment and shall be displayed to law enforcement officers upon request, part 2 shall be retained by the user, and part 3 shall be mailed immediately to the department.

Note: Creates form MVD 2450.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Wis. Admin. Code § Trans 127.06 Special provisions {#sec-trans-127.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 127.06}

(1) The permit shall be used only for school buses registered by the department.

(2) A certificate of insurance shall be on file with the department in compliance with s. 194.41, Stats., and ch. Trans 176, before a vehicle may be operated on Wisconsin highways with a permit.

(3) The permit is not transferable and shall be used only by the applicant to whom the permit is issued.

(4) The permit is valid for 72 hours from the date and time of certification.

(5) The permit is not valid if handwritten, crossed out or erased.

(6) The permit is valid for Wisconsin intrastate operations only.

(7) Unused permits which are intact may be returned to the department along with a written statement from the applicant requesting a refund of the $10.00 permit issuance fee paid to the department at the time of permit acquisition.

History

Cr. Register, April, 1982, No. 316, eff. 5-1-82.

Chapter Trans 128 TRAFFIC VIOLATION AND REGISTRATION PROGRAM

Wis. Admin. Code § Trans 128.01 Purpose and scope {#sec-trans-128.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.01}

(1) Statutory authority. As authorized by ss. 85.13, 227.11, 345.28 and 345.47 (1) (d), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 85.13, 341.08 (4m), 341.10 (7) and (7m), 341.63, 341.64, 345.17, 345.28 and 345.47 (1) (d), Stats., and ch. 342, Stats., relating to a traffic violation and registration program to refuse vehicle registration as a result of unpaid judgments and to suspend or refuse vehicle registration as a result of unpaid parking citations or unpaid towing and storage charges associated with parking citations.

(2) Applicability. This chapter applies to any local unit of government or other authority electing to participate in the traffic violation and registration program, to any court or authority or delegated agency processing cases on behalf of participating local units of government or other authority, and to any person subject to any unpaid judgment, unpaid parking citation or unpaid towing and storage charges associated with a parking citation.

Note: Forms used in administering this chapter include T050, License Plate Renewal Notice; T057, License Plate Renewal Notice Statement; MV 2458 and MV 2809, Notice of Unpaid Judgment, under s. 345.47(1) (d), Stats.; MV 2679 and MV 2502, Notice of Unpaid Citation (which is also used for unpaid towing and storage charges associated with a parking citation, under s. 345.28 (4), Stats.; and MV 2451, Statement of Good Faith. Form MV2451, Statement of Good Faith, may be obtained from any DMV Service Center, by writing to TVRP Program – DMV, P. O. Box 7998, Madison, WI, 53707, or online at http://www.dot.wisconsin.gov (search for “mv2541”).

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.02 Definitions {#sec-trans-128.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.02}

Unless otherwise provided, the words and phrases in this chapter have the same meanings as provided in ss. 340.01 and 341.01, Stats., except ss. 340.01 (24) and (42). In this chapter:

(1) “Applicant” means any person applying for Wisconsin vehicle registration.

(2) “Authority” or “local authority” means every county board, city council, town or village board or other local agency having authority under the constitution and laws of this state to adopt traffic regulations, a state agency, any campus of the University of Wisconsin System or any technical college district.

Note: This definition combines the statutory definitions found in ss. 340.01(26) and 345.28 (1), Stats.

(3) “Case” or “TVRP case” means a suspension or refusal of vehicle registration triggered by a suspending authority’s report that is processed under the procedures described in ss. 345.28 and 345.47, Stats., and the satisfaction or termination thereof.

Note: TVRP is an acronym for “Traffic Violation and Registration Program,” the program under which registration may be suspended, revoked or denied under this rule.

(4) “Debtor” means a person who is liable for a judgment debt, unpaid citation or unpaid towing and storage charges associated with a parking citation.

(5) “Debtor registrant” means a registrant whose registration is subject to a TVRP case.

(6) “Delegated agency” means the entity designated by an authority to submit unpaid citation or unpaid towing and storage charges associated with a parking citation and satisfaction notices on behalf of a local authority.

(7) “Department” means the Wisconsin department of transportation.

(8) “DMV” means the department’s division of motor vehicles.

(9) “License plate type” means a designation in the format required by the department of a specific style of registration plate with a particular size, color and design that is intended to provide visible evidence of the period for which the vehicle is registered, the fee class into which the vehicle falls, a means of identifying the specific vehicle or owner for which the plates were issued, and any affiliation with an authorized special group designated in accordance with s. 341.14 (6r) (f), (fm) or (6w), Stats.

(10) “Local unit of government” means any county, city, village, town or other local agency having authority under the constitution and laws of this state to adopt traffic regulations.

(11) “Motor vehicle dealer” has the meaning given in s. 218.0101 (23), Stats.

(12) “Own” or “owned” shall be construed in a manner consistent with s. 341.01 (2) (b), Stats.

Note: The definition of “owner” in s. 341.01 (2) (b), Stats., controls for purposes of this regulation. Long-term leaseholders are therefore considered “owners.”

(13) “Person” has the meaning given in s. 990.01 (26), Stats.

(14) “Registrant” means any person who is the holder of Wisconsin vehicle registration.

(15) “State agency” means any office, department, or independent agency of Wisconsin state government, including any sub–unit level with the authority to administer the provisions of this chapter.

(16) “Suspending authority” means the court or authority that issued a notice to suspend or refuse registration under this chapter.

Note: Authorities can both suspend and refuse registration.

(17) “TVRP suspension number” means a unique identifier generated and assigned to a TVRP case by a suspending authority in accordance with the numbering scheme required by the department for the TVRP program.

Note: At present, the TVRP Suspension Number is a 13 or 14 character alphanumeric string that includes a unique identifier assigned to each suspending authority, the date, and a serial number.

(18) “Unpaid citation or unpaid towing or storage charges associated with a parking citation” means a citation for a nonmoving traffic violation as defined in s. 345.28 (1), Stats., that has not been paid and for which the person has not appeared in court, or any unpaid towing and storage charges associated with such a citation.

(19) “Unpaid judgment” means an unpaid traffic forfeiture judgment submitted to the department under ch. 345, Stats.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08; 2015 Wis. Act 330 s. 20: am. (2) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § Trans 128.03 Local unit of government or other authority participation or termination {#sec-trans-128.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.03}

(1) Notification requirements. A local unit of government or other authority electing to participate or terminate participation in the traffic violation and registration program shall notify the department in writing at least 30 days before the effective date of participation or termination. The department may delay the effective date of participation beyond the 30-day period if the participant anticipates submitting a high volume caseload.

(2) Contents of notification. The notification from the local unit of government or other authority shall include all of the following:

(a) The effective date of participation.

(b) Method of payment as described in s. Trans 128.13 (4).

(d) Whether there is a municipal court and, if so, the name, address and phone number of the court and the address where court payments should be made.

(e) The name, address and phone number of the authority or delegated agency and the address where citation payments should be made.

(f) A statement describing the approval of participation action taken by the authority.

(g) The signature and title of the person submitting the notification on behalf of the local unit of government or other authority.

(3) Copies to court and delegated agency. The local unit of government or other authority shall send a copy of a notification made under sub. (1) to the clerk of any circuit court or municipal court that hears its cases and to any delegated agency that processes cases on its behalf.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.04 TVRP notices {#sec-trans-128.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.04}

(1) TVRP notice of debt. A TVRP notice from a suspending authority to the department for an unpaid judgment, citation or towing and storage charge associated with a parking citation shall be made on the department’s form, or electronically in the manner provided in s. Trans 128.14, shall contain all information that is required in Table 1, and may include all information that is identified as being optional in Table 1.

(2) Registration renewal notice following notice of unpaid judgment. DMV registration renewal forms sent to persons whose vehicles are subject to refusal of registration under s. 341.10 (7), Stats., and this chapter shall include all of the information indicated as “Required” in the “Notice Following Unpaid Judgment” column of Table 1, and may include such other information as the department deems appropriate.

(3) Registration renewal notice following notice of unpaid citation or unpaid towing and storage charges associated with a parking citation. DMV registration renewal forms sent to persons whose vehicles are subject to refusal or suspension of registration under s. 341.10 (7m), Stats., and this chapter shall include all of the following:

(a) A list of any unpaid citations for nonmoving traffic violations or any judgments for violation of ch. 110, 194, or 341 to 350, Stats., an administrative rule of the department, or an ordinance enacted in accordance with s. 349.06, Stats., including parking violations, and of any unpaid towing and storage charges associated with nonmoving traffic violations entered against the debtor registrant that remain unpaid. If the suspending authority made a consolidated report under s. Trans 128.14 (2), the TVRP suspension number may be provided in lieu of information about the individual citations.

(b) The information indicated as “Required” in the “Notice Following Unpaid Citations or Towing and Storage Charges” column of Table 1 with respect to each citation included in the list.

(4) Registration renewal following a combination of judgments, unpaid citations or towing and storage charges associated with a parking citation. DMV registration renewal forms sent to persons whose vehicles are subject to refusal of registration under both s. 341.10 (7) and (7m), Stats., and this chapter shall include the information specified in both subs. (2) and (3).

(5) Satisfaction. A satisfaction shall be in the form of a copy of the form used by a suspending authority to refuse registration on which the information required in the “Notice of Satisfaction” section described in Table 1, Row 10 has been completed by the suspending authority.

(6) Timeliness. If the department receives a notice of debt from a suspending authority between the time it creates a registration renewal notice for a vehicle and the end of the registration period for the vehicle, the registration renewal notice will not include the information otherwise required under subs. (2) to (4).

Note: No. 15, the license number of the vehicle involved, is required to be included in notices of judgment by s. 345.47 (1) (d), Stats., but is not needed for any administrative purpose. Under s. 341.10 (7), Stats., all of a debtor’s vehicle registrations must be suspended regardless of which vehicle was used in the matter leading to the judgment. Accordingly, identification of that person is essential, but individual license plate numbers are not. Therefore the license number is not required for such cases under this rule making. No. 19, the means by which a citation may be contested, is required by s. 345.28 (4) (b) 1., Stats., but is not used for any administrative purpose. The requirement is therefore listed as optional and cases will be processed without that information.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.05 Department to refuse or suspend registration {#sec-trans-128.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.05}

(1) Refusal upon proper notice. Upon receipt of a notice from a suspending authority meeting the requirements of this chapter, the department shall do one of the following:

(a) If a court notifies the department under s. 345.47 (1) (d), Stats., that a judgment has been entered against the applicant and the judgment remains unpaid, the department shall refuse registration of vehicles owned by the judgment debtor.

(b) If an authority notifies the department under s. 345.28 (4), Stats., that a citation for a nonmoving traffic violation has been issued for a vehicle and the vehicle owner has not paid the citation or appeared in court to respond to the citation, or notifies the department a vehicle owner has not paid towing and storage charges associated with a parking citation issued for that owner’s vehicle, the department may suspend the registration of the vehicle that is identified in the citation or any other vehicle of the owner to which that registration number has been assigned, and may refuse registration for that vehicle or all of the owner’s vehicles as directed by the authority.

(2) Official notice required. The department may not suspend or refuse registration based on judgments, citations, or unpaid storage or towing charges associated with a parking citation which are not identified in a notice filed with the department.

(3) Administrative errors. Nothing in this chapter prohibits the department from refusing or suspending registration based on a notice that fails to comply with one or more requirements of sub. (1).

Note: The requirements of sub. (1) are administrative. The department may, at its discretion, process a TVRP case based on an order or notice that is defective in some manner but that provides sufficient information for the department to comply with the intent of the notice or order.

(4) Incomplete or improper notice.

(a) Upon receipt of a request to suspend registration of a vehicle that identifies a vehicle plate number that does not exist, or that contains a plate number that is not associated with the identified debtor, the department may not suspend registration for that plate, but shall refuse registration for the debtor identified in the notice.

(b) Upon receipt of a notice to suspend registration of a particular plate number, where the department has issued new registration plates to the identified debtor to replace the plates identified on the notice, the department shall suspend the new registration plates.

(5) Suspension or refusal limited.

(a) Out-of-state registration. The department may not suspend registration issued by another state.

(b) Rental and lease vehicles. Notwithstanding subs. (1) to (4), where a rental or leased motor vehicle is involved in a parking violation or accrues towing and storage charges associated with a parking citation while possessed by a vehicle renter or lessee, the department may suspend or refuse registration of that vehicle if the vehicle owner does not pay 50% of the forfeiture or towing and storage charges as required by s. 345.28 (5m) (c) or (5r) (c), Stats.

(6) Multiple judgment reporting prohibited. A court may not provide notice of multiple judgments under one TVRP suspension case.

(7) Multiple citation or charge reporting prohibited. Except in the case of electronic notices filed with the department under s. Trans 128.14, an authority may not provide notice of multiple unpaid citations or unpaid towing and storage charges associated with a parking citation under one TVRP suspension case. Each unpaid citation or towing and storage charge associated with a parking citation shall be filed by a separate notice meeting the requirements of this chapter.

(8) No amendments. A notice may not be amended, but additional notices may be filed under different TVRP suspension numbers by a suspending authority if the suspending authority desires to have registration suspended or refused for additional or different judgments, citations, or unpaid towing and storage charges associated with a parking citation.

(9) Prompt satisfaction. A suspending authority shall mail or deliver a notice of satisfaction on the form prescribed in s. Trans 128.04 (5) to the department not later than 3 working days after the suspending authority receives payment of the judgment, citation or unpaid towing or storage charge associated with a parking citation, otherwise determines that the unpaid citation, judgment or unpaid storage charge associated with a parking citation has been satisfied or, in the case of an unpaid citation or a towing and storage charge associated with a parking citation, the person appears in court to contest the citation.

(10) Accuracy. The suspending authority shall assure that a notice sent to the department under this chapter is a correct and appropriate submission and that it is not submitted in violation of any injunction or a bankruptcy stay.

(11) Record disposal. A TVRP case may be deleted from the department’s records in any of the following circumstances:

(a) Six years after the date of filing.

(b) Upon receipt of notice that collection of debts against the vehicle owner is stayed under 11 USC 362.

Note: The department disposes of records of cases more than 6 years old on a semi–annual basis. Cases released under par. (b) may be refiled under sub. (12) once the bankruptcy stay is lifted.

(12) Refiling. Nothing herein prohibits a suspending authority from re-filing notice of nonpayment if a judgment remains unpaid and has been removed from the department’s records under sub. (11).

(13) Per case fee assessment. The department shall assess the fee determined under s. Trans 128.13 (3) for each TVRP case processed under the procedure described in this section. Multiple citations or towing and storage charges associated with a parking citation reported electronically as one case under s. Trans 128.14 shall be treated as one TVRP case for purposes of this subsection.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.06 Actions associated with unpaid judgment cases {#sec-trans-128.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.06}

Pursuant to s. 341.10 (7), Stats., upon notification by a court under s. 345.47 (1) (d), Stats., that a person has an unpaid judgment, the department shall send an initial notification letter to the person named by the court to the address supplied by the court or to any more recent address for the person known to the department. The letter shall notify the person that the department will refuse registration of vehicles titled or registered to the person in the manner required by s. Trans 128.04 (1). Failure of the department to send the notice, or of the debtor to receive it, is not a defense to refusal of registration.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.07 Record of action {#sec-trans-128.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.07}

When a department issued suspension or refusal order is computer-created, the computer shall also create a computer image file or microfiche of the text of the letter as the record of action, or shall store the information included on the suspension order so that a copy of the text of the suspension order may be recreated. Records stored under this subsection may be destroyed at the same time or after any record of the suspension is removed from the department’s database of vehicle records.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.08 Refusal of registration {#sec-trans-128.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.08}

(1) Scope. If the department refuses registration, it may not permit the person to do any of the following:

(a) Register a vehicle.

(b) Re–register a vehicle.

(d) Change the gross weight at which a vehicle is registered.

(e) Change the operating status of a vehicle.

(f) Transfer registration to another vehicle.

(g) Acquire registration as part of the transfer of ownership of a vehicle.

(h) Continue a nonexpiring registration.

(i) Obtain replacement license plates for any vehicle.

(2) Withdrawal of registration by cancellation. The department shall cancel any registration issued in violation of the provisions of this chapter.

Note: Section 342.255 (3) requires the department to cancel any registration issued in violation of any law.

(3) Applications for certificate of title and registration by debtor registrant.

(a) Titling of vehicles is generally governed by ch. 342, Stats., and not by this chapter, except as provided in s. Trans 128.09. The department may issue a title to a vehicle transferred to a person to whom registration must be refused under this chapter.

Note: Refusal of registration is different than suspension, revocation or cancellation of registration.

(b) If an application for certificate of title identifies a vehicle or vehicle owner that is subject to refusal of registration and indicates that the vehicle has been operated upon public highways, any required registration fee shall be collected and retained at the time of issuing title, but the department may not issue registration for that vehicle. The department shall assign registration to the vehicle according to the provisions of ch. 341, Stats., but shall withhold sending the proof of registration to the vehicle owner until the department receives evidence that all judgments, citations and towing and storage charges associated with a parking citation are paid. The certificate of title shall be sent to the vehicle owner with a notice that registration is being withheld because of unpaid judgments, unpaid citations, or unpaid towing and storage charges associated with parking citations, and indicating that the registration shall be withheld until the department receives evidence that each identified debt is paid.

(4) Criteria for identifying a person subject to refusal of registration. The department may rely on information supplied by a court or an authority to identify persons whose registration may be refused and may supplement that information with department records. The department shall refuse the renewal, transfer or issuance of registration when any of the following occur:

(a) The applicant’s or registrant’s name and address are both the same as the name and address supplied on a notice of unpaid judgment or unpaid citation or unpaid towing and storage charges associated with a parking citation.

(b) The name shown on the department’s record for the license plate number supplied on the notice of unpaid judgment or notice of unpaid citation or unpaid towing and storage charges associated with a parking citation is similar or a reasonably logical variation of the name supplied on the notice of unpaid judgment or notice of unpaid citation or unpaid towing and storage charges associated with a parking citation regardless of whether the address information is the same.

(c) The applicant’s or registrant’s name is exactly the same or a reasonably logical variation of a name as stated in pars. (a) and (b), and the address is the same as one of the following:

The address supplied on the notice of unpaid judgment or notice of unpaid citation or unpaid towing and storage charges associated with a parking citation.
The address obtained from the department’s record for the license plate number supplied on the notice of unpaid judgment or notice of unpaid citation or unpaid towing and storage charges associated with a parking citation.
The address obtained from department’s driver license records using information supplied by the notice of unpaid judgment.

(d) The applicant or registrant has the same customer identification number, driver license number or social security number on the department’s records as the person identified on the notice of unpaid judgment or unpaid citation or unpaid towing and storage charges associated with a parking citation.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.09 Transfer of vehicle ownership while registration suspended {#sec-trans-128.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.09}

(1) Transfer prohibited. No person may transfer ownership of any vehicle that is subject to a suspending authority’s registration refusal or suspension under s. 341.63 (1) (c), Stats., for nonpayment of citations or towing and storage charges associated with a parking citation until the registration is reinstated under s. 341.63 (2), Stats., or until the department is satisfied that the transfer is proposed in good faith and not for the purpose or with the effect of defeating the purpose of a TVRP case. Except as provided in sub. (3), the department may decline to issue a vehicle title to any person other than the debtor registrant.

(2) Sham transactions ineffective. An attempt to transfer ownership of a vehicle that is subject to a registration suspension or refusal for nonpayment of a citation under s. 341.63 (1) (c), Stats., shall be considered to be an effort to defeat the purpose of that TVRP case in any of the following circumstances:

(a) Any situation in which the debtor registrant would continue to have possession, use of, or receive any benefit from the operation of the vehicle.

(b) Any situation in which the vehicle is transferred to a person residing at the same address as the debtor registrant.

Note: The prohibition on transfer of ownership is set forth in s. 341.64, Stats., and does not prohibit transfer of ownership of vehicles subject to registration refusal because of unpaid judgments or unpaid towing and storage charges associated with a parking citation.

(3) Exceptions to refusing a transfer of ownership. Notwithstanding sub. (1), the department may transfer title to a vehicle and issue a title to a person other than the debtor registrant if any of the following apply:

(a) The transfer is from the debtor registrant to a person who meets the definition of motor vehicle dealer in s. 218.0101 (23), Stats.

(b) The purchaser does not reside at the same address as the debtor registrant and provides the department with a signed statement that the seller of the vehicle will not have possession, use of, or receive any benefit from the operation of the vehicle after the requested transfer of title is completed by the department.

The vehicle is repossessed by a secured party and title and registration are applied for pursuant to s. 342.17 (2), Stats.
Application for title to a vehicle owned by a decedent, ward or bankrupt is made under s. 342.17 (4), Stats.
Transfer is required under a divorce settlement or order and the transferring party does not execute and deliver the title to the vehicle to the transferee.
A bankruptcy trustee seeks title to a vehicle titled in the name of a debtor or transfers ownership to a third person.

Note: See s. 342.17 (4), Stats.

The vehicle is an abandoned vehicle that was or is being disposed of by a duly authorized municipal or county representative under s. 342.40 (2), Stats.
The vehicle is sold under s. 779.48 (2), Stats., to enforce a towing or storage lien under s. 779.415, Stats., a garage or livery lien granted by s. 779.43 (3), Stats., or a mechanics lien granted by s. 779.41, Stats.
The vehicle is sold to enforce a landlord storage lien under s. 704.05 (5), Stats.
Transfer of title to the vehicle is ordered by a court, or a court declares a person to be the vehicle owner.
Any other situation in which the interest of an owner in a vehicle passes to a different person other than by voluntary transfer.

Note: A person attempting to register a vehicle that is subject to suspension for an unpaid citation may be subject to the forfeiture in s. 341.04 (2), Stats. Making a knowingly false statement on an application for title is a Class H felony. s. 342.06 (2), Stats. Making a false statement on an application for a duplicate title or license or to induce any other action by the department subjects a person to a forfeiture of up to $500. s. 345.17 (2), Stats.

(4) Requests for additional information. The department may request information sufficient to make a determination as to the applicability of the exceptions specified in sub. (3) from a purchaser and may withhold issuance of title and registration pending receipt of that information.

Note: Section 342.12 (2), Stats., permits withholding of title where ownership is unclear.

(5) Application disposition when transfer of ownership refused.

(a) When the department refuses to allow a transfer of ownership under s. 341.63 (1) (c), Stats., because of unpaid citations, and a transfer of ownership is determined not to have been made in good faith or in order to defeat the purpose of the TVRP case under sub. (2), the department may do any of the following:

Create a new title, without charge, in the name of the seller and send it to the seller with a letter explaining why the transfer of ownership was refused.
Return to the purchaser all fees submitted by the purchaser with an explanation why the transfer of ownership was refused. If proof of registration was issued in error, the fees may be returned only after the purchaser complies with a department request for return of that proof of registration.
Notify by letter any secured party shown on the purchaser’s application for transfer of ownership that transfer of ownership was refused.

(b) The decision to refuse registration under this section is reviewable. All decisions shall include the reason transfer of title was denied and include the following notice or a similar writing providing notice of the person’s right to a hearing:

Note: s. HA 1.04 (1) imposes the 30-day time limit for appeals.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.10 Effect of bankruptcy on vehicle registration {#sec-trans-128.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.10}

(1) Bankruptcy that precedes TVRP suspension. In any case in which the department is notified of a pending bankruptcy proceeding and applicability of a stay under 11 USC 362, the department shall release any registration suspension imposed under this chapter affecting the vehicle registration of the debtor. The authority may not refile its notice of unpaid judgment, citation or towing and storage charges associated with a parking citation until the stay is no longer in effect.

Note: The co-debtor stay under 11 USC 1301 applies only to consumer debt. Fines, forfeitures, and towing and storage charges associated with parking citations are not consumer debt. Therefore the co-debtor stay of 11 USC 1301 does not impact TVRP cases involving a non-bankrupt person who is liable with a bankruptcy person.

(2) Effect on vehicle registration.

(a) Reinstatement. A vehicle owner whose vehicle registration is suspended or subject to refusal under this chapter who files a petition in bankruptcy, and from whom collection of a pre-bankruptcy debt arising prior to the filing of the petition is stayed under 11 USC 362, may reinstate his or her vehicle registration. The person shall be subject to all the same reinstatement, filing and fee requirements as any other person seeking registration reinstatement following a registration refusal or suspension.

Note: Liability for forfeitures is not “consumer debt” under 11 USC 101 (8). Therefore, Ch. 13 co-debtor stay does not prohibit collection against non-bankrupt persons who are liable on a debt with a bankrupt person.

(b) Release of suspension ordered in violation of automatic stay. If the department is notified that a stay prohibiting action against a debtor under 11 USC 362 was in effect at the time the department suspended a debtor’s vehicle registration under this chapter, the department shall reinstate the bankruptcy debtor’s vehicle registration without any reinstatement fee.

(c) Reimposition of suspension. The department may suspend or refuse a debtor’s vehicle registration that was released under sub. (1) or this subsection upon a subsequent TVRP case filing by a suspending authority. Such a filing shall be deemed a representation by the authority that the debt described in the filing was not discharged or satisfied within the bankruptcy proceeding and that no bankruptcy stay is in effect.

Note: While forfeitures are not generally dischargeable under 11 USC 523 (a) (8), towing and storage charges would ordinarily be discharged in a bankruptcy proceeding. Authorities and delegated agencies are encouraged to consider each type of debt separately in deciding whether to order the department to suspend or refuse registration.

(d) Proof. The department may require satisfactory proof that a registrant’s debts from a forfeiture or towing and storage charges associated with a parking citation have been discharged in a bankruptcy proceeding in any case where a debtor seeks to reinstate a vehicle registration after the bankruptcy case is closed or dismissed, a discharge has been granted, the automatic stay has been lifted, terminated, annulled or modified, or a suspending authority has filed a subsequent notice under par. (c). Acceptable proof may include copies of the schedules for the bankruptcy case listing the suspending authority as a claimant in the bankruptcy, proof of the filing date, such as the notice of bankruptcy filing mailed by the bankruptcy court or a copy of the petition containing the clerk’s file stamp showing the date the petition was filed, and an affidavit that the debt is dischargeable under the United States bankruptcy code and has been discharged.

Note: Forfeitures and fine debts are not dischargeable in Ch. 7 bankruptcies. 23 USC 527 (a) (7). Criminal fines are not dischargeable in Ch. 13 bankruptcies either. 23 USC 1328 (a) (3).

(e) Disputes. In any case where a debtor registrant and a suspending authority dispute whether a discharge has affected debt for which registration refusal or suspension is requested, or in any case where a debtor registrant claims a forfeiture was discharged in a ch. 7 bankruptcy or a criminal fine was discharged in any bankruptcy proceeding, the department may require one or both parties to obtain a court order that decides whether the debt is discharged.

(f) Court determinations. The department shall accept court findings or orders regarding discharge of a claim in an action between the registrant and the suspending authority as determinative, and may impose or release a registration suspension or refusal in accordance with the determination of the court.

Note: While the Department does not have authority to require debtors to provide a certain type of notice of bankruptcy filing to it under federal law, debtors who are subject vehicle registration suspensions under s. 345.28 (4) (a) 2., Stats., will find that the Department’s reaction to a bankruptcy filing is faster and more predictable under this section if the Department is listed on the mailing matrix for the proceeding with an address of Wisconsin Department of Transportation, Uninsured Motorists Unit, P.O. Box 7919, Madison, WI 53707-7919.

(3) Voluntary proceedings by wage earners for amortization of debts. The department may not release a registration refusal or suspension based solely upon a court order entered under s. 128.21, Stats.

Note: Voluntary wage earner proceedings affect only executions, attachments or garnishments, and do not affect suspensions of vehicle registration. s. 128.21 (1), Stats.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.11 Renewal forms for vehicle registration {#sec-trans-128.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.11}

(1) Record keeping. The department is not required to keep copies of renewal notices nor to maintain any record of evidence of mailing renewal notices or of renewal notices that are returned to the department or its agent as undeliverable by the U.S. postal service.

(2) Renewal notice not provided. The department is not required to create or mail a vehicle registration renewal notice to a registrant if any of the following apply:

(a) The registration is suspended under s. 20.905 (2), 341.63 (1), 344.08 or 344.14, Stats.

(b) The registration is revoked under s. 344.25, Stats.

(d) The vehicle was not registered in the preceding registration period.

Note: If a person did not register a vehicle during the last registration period (lengths of these periods vary by vehicle type), the department assumes the vehicle does not need to be registered because it was sold, scrapped, or moved to another state.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.12 Resolution of errors {#sec-trans-128.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.12}

(1) Errors identified by person.

(a) If a person notifies the department that a department error has resulted in suspension or refusal of a vehicle’s registration, the department shall review its records related to the suspension and conduct such additional investigations as it deems appropriate. If the department concludes as a result of the review and any investigation that refusal or suspension of registration is unwarranted, the department shall modify its records and allow registration for the vehicles to be issued.

(b) If the department does not modify its records and allow registration to be issued under sub. (2), the department shall direct the person to contact the suspending authority that submitted the order for registration refusal or suspension to the department and have it investigate the matter and, if appropriate, submit a notice of satisfaction to the department in the manner described in s. Trans 128.04 (5).

(2) Error identified by suspending authority. To correct an error in a notice of unpaid judgment, unpaid citation or unpaid towing and storage charges associated with a parking citation sent to the department, a suspending authority shall submit a notice of satisfaction to the department as described in s. Trans 128.04 (5). To establish a correct record, the suspending authority shall submit a new notice of unpaid judgment, unpaid citation or unpaid towing and storage charges associated with a parking citation containing the correct information and fee required by s. Trans 128.05 (13).

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.13 Cost of traffic violation and registration program {#sec-trans-128.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.13}

(1) General. In accordance with s. 85.13, Stats., the department shall charge the cost of the development and operation of the traffic violation and registration program to all participating local units of government or other authorities based on the number of cases processed on their behalf.

(2) Development cost amortization.

(a) The cost of development of systems for the traffic violation and registration program shall be amortized over the 4-year period following implementation of those systems.

(b) The cost of enhancements, improvements or additional development of the system shall be amortized over the 4-year period following the implementation of such enhancements, improvements or additional development.

(3) Rate of payment.

(a) The department shall establish the rate of payment required for each TVRP case submitted by a suspending authority based on the following factors:

The estimated annual volume of cases that will be processed by the department as calculated under ss. Trans 128.04 (2) to (5) and 128.14 which serves as the denominator in the rate calculation equation.
The estimated cost of operation, including employee salaries and fringe benefits, office space, office supplies and equipment, postage, computer charges, printing and forms, the annual amount of amortized enhancement, as described in sub. (2), any deficit from prior fiscal periods, and other necessary expenses which serves as the numerator in the rate calculation equation.

(b) The rate of payment may be recalculated from time to time to reflect the costs of the program to the department. Rate increases, if any, may be imposed only on or after the next July 1 following the recalculation.

(c) The department shall notify all participants of the rate of payment at least 30 days prior to the effective date of the rate.

(4) Method of payment. Participants shall pay the department for cases processed by one of the following methods:

(a) Payment at the time the notice of unpaid judgment is submitted by a court to the department for processing.

(b) Payment at the time the notice of unpaid citation or unpaid towing and storage charges associated with a parking citation is submitted by an authority or delegated agency to the department for processing.

(c) Pre–payment by establishing an account with the department against which charges shall be made at the time any of the following occur:

Notice of unpaid judgment is processed for the local unit of government or other authority identified by a court on the notice of unpaid judgment form.
Notice of unpaid citation or unpaid towing and storage charges associated with a parking citation is processed for the authority or delegated agency of the local unit of government.

(d) Automatic debit of the participants banking account through the automated clearing house, or ACH, transaction system of the federal reserve bank.

(5) Accounting report. The department shall provide to each active participant a monthly report on the status of their financial account established under sub. (4) (c).

(6) Refunds. When a participating local unit of government or other authority has elected to pay under sub. (4) (c), and later terminates participation as provided in s. Trans 128.03, any unused balance in the account shall be refunded by the department. An authority may request a refund of an unused balance under sub. (4) (c) at any time, but must elect another means of payment as a condition of continued participation in the program.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.14 Electronic notification of unpaid judgments, citations or towing and storage charges {#sec-trans-128.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.14}

(1) Agreement. A suspending authority may enter into an agreement with the department to provide for electronic reporting of unpaid judgments, citations, or towing and storage charges associated with a parking citation.

(2) Consolidated reporting. A suspending authority that has entered into an agreement under sub. (1) may report multiple unpaid judgments applicable to a single person, or multiple citations or towing and storage charges associated with a parking citation that are applicable to a single vehicle or registration number in one consolidated report, provided that the suspending authority maintains a mechanism by which persons may determine the court case number, citation number, amount due and other identifying information related to unpaid judgments, citations, or towing and storage charges associated with a parking citation by contacting the suspending authority and providing the TVRP suspension number or the registration number of any vehicle affected. A consolidated report is composed of a discrete set of unpaid judgments, citations or towing and storage charges associated with a parking citation. After submitting the report to the department, an authority may not subsequently add unpaid judgments, citations or towing and storage charges associated with a parking citation to a consolidated report TVRP case.

Note: This provision does not prohibit the filing of a separate TVRP suspension report that includes a debt not listed in a prior report.

(3) Reporting requirements. Electronic notification reports submitted under this section shall be completed in the manner directed by the department and contain all information required by the department.

(4) Processing. The department may reject any electronic notification that does not meet the requirements of sub. (3).

(5) Records. The department may remove all records of unpaid judgments, citations or towing and storage charges associated with a parking citation reported under this section from the department’s records 6 years after the date of entry into the department’s records. Nothing herein shall prohibit a suspending authority from refiling notices of unpaid judgments, citations or towing and storage charges associated with a parking citation following removal from department records if they remain unpaid. The fee required by s. Trans 128.13 shall be payable for each refiled judgment, citation or towing and storage charge associated with a parking citation.

(6) Notice to vehicle owner. A registration renewal notice sent to a person for a vehicle that is subject to a suspension issued following notice provided under this section shall include the TVRP suspension number for the citations, judgments or towing and storage charges associated with a parking citation for each TVRP case and the contact information for the suspending authority that filed the notice with the department. The department may include other information in the notice at its discretion.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Wis. Admin. Code § Trans 128.15 Control group testing {#sec-trans-128.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 128.15}

The department may decline to issue any notice required by this chapter, or amend a notice to exclude information otherwise required under s. Trans 128.04, for the purpose of testing the effectiveness of such notice. Any such pilot program shall be limited to a defined portion of the vehicles registered in this state. The study shall be limited to 2 years in duration, but may be extended an additional 2 years upon the introduction of legislation or administrative rules to extend the pilot to vehicles not within the scope of the pilot.

History

CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Chapter Trans 129 MOTORCYCLE LICENSING AND COURSES

Wis. Admin. Code § Trans 129.01 Purpose and scope {#sec-trans-129.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.01}

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:

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

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

(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.

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

(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).

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.

Wis. Admin. Code § Trans 129.02 Definitions {#sec-trans-129.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.02}

(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.

(2) In this chapter:

(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.

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.

(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.

(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.

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.

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

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

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

(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.

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

(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.

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.

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

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.

Wis. Admin. Code § Trans 129.03 Student requirements for skills test waiver {#sec-trans-129.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.03}

(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:

(a) Pass a “Class M” knowledge test.

(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.

(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.

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.

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.

Wis. Admin. Code § Trans 129.04 Rider course exemptions {#sec-trans-129.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.04}

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:

(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.

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

(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.

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.

Wis. Admin. Code § Trans 129.05 Motorcycle instruction permits {#sec-trans-129.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.05}

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:

(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.

(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.

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

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.

Wis. Admin. Code § Trans 129.06 Counting instruction permits and skills tests {#sec-trans-129.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.06}

(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.

(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.

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98.

Wis. Admin. Code § Trans 129.07 Motorcycle rider courses approved by another jurisdiction, U.S. governmental agency or military branch {#sec-trans-129.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.07}

(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.

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

(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.

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

(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).

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 23-043: am. (2) (a), cr. (3) Register November 2024 No. 827, eff. 12-1-24.

Wis. Admin. Code § Trans 129.08 Rider education provider license {#sec-trans-129.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.08}

(1) Rider education provider license required. No person may conduct a rider education course as part of the waiver of skills test program or the demerit point reduction program unless the person holds a rider education provider license issued by the department.

(2) Qualification requirements. To qualify for a rider education provider license, a person shall submit a complete application to the department and shall meet all of the following requirements:

(a) Hold all other licenses required by the state in which the person is located.

(b) Offer a basic rider course, a basic course for experienced riders, or both.

(c) Require students to be present for all sessions of a course used to obtain a skills test waiver or demerit point reduction.

(d) File an activity report at least annually, no later than December 31 of each year or within 30 days of course completion if filing within 30 days is required under s. Trans 129.15 (6). The report shall contain all of the following:

Each student's full name.
Each student's driver license number, date of birth, address, and phone number.
Course completion date.
The reason any individual student did not complete the course.
Each student's skills test waiver number or other identifying number as determined by the department.
The rider coach's name, department-assigned coach number, and curriculum provider rider coach number.
The rider education provider’s identification number.

Note: Grant recipients who are rider education providers must file reports within 30 days of class completion. See s. Trans 129.15 (6).

(e) Allow only persons who are licensed as rider coaches under s. Trans 129.10 and have certification from the curriculum provider to teach classroom or range classes.

(f) Promptly input the student course completion information into the department’s online driver education course information system in accordance with s. Trans 129.13 (1).

(3) Annual reports filed electronically. The report required under sub. (2) (d) shall be filed electronically or be made available in a manner specified by the department.

(4) Cancellation, suspension, or denial of rider education provider licenses.

(a) The department shall suspend and not renew a license if it finds that the licensee has engaged in any of the following:

False or misleading advertising.
Fraud.
Failure to meet standards set in this chapter.
Failure to follow department-approved curriculum.
Having an unsafe training facility.
Providing unsafe motorcycles for student or instructor use.
Guaranteeing the issuance of a license upon completion of the course.
The institution at which the program is offered closes or goes out of business.
Failure to permit or cooperate with audits, inspections, or reviews conducted under this chapter.
Permitting a person who does not hold a rider coach license or who is not certified by the curriculum provider to provide classroom or range instruction.
Failing to timely file reports under sub. (2) (d), s. Trans 129.13 (1), or s. Trans 129.15 (6).
Failing to issue course completion cards to riders as required by s. Trans 129.13.

(b) A rider education provider may be reauthorized after cancellation, suspension, or nonrenewal when all of the following conditions have been met:

Any period of cancellation or suspension has been completed.
The rider education provider submits an application for reinstatement of the suspended, cancelled, or nonrenewed license.
The department is satisfied that the conditions which led to the cancellation, suspension, or nonrenewal have been corrected or no longer exist.

(5) Rider education provider license expiration.

(a) A rider education provider’s license shall be valid for the same period as the rider education provider’s authorization to provide instruction issued by the curriculum provider.

(b) Authorizations that exist as of December 1, 2024, shall remain valid and considered as licenses issued under this chapter until reviewed by the department or until December 1, 2027, whichever occurs first. The department shall accept applications for renewal and review every applicant for the renewal of a license under this chapter to determine eligibility for licensing at least as frequently as the curriculum provider renews authorizations to provide instruction. The department may institute a method of selecting the date of review to establish a uniform rate of review.

Note: A list of rider education providers and locations is available online at https://wisconsindot.gov/Pages/dmv/motorcycles/mc-how-aply/training-loc.aspx.

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 04-132: am. (1) (d) 2. Register April 2005 No. 592, eff. 5-1-05; CR 07-084: am. (1) (a) Register February 2008 No. 626, eff. 3-1-08; CR 23-043: r. and recr. Register November 2024 No. 827, eff. 12-1-24; correction in (3), (4) (a) 11. made under s. 13.92 (4) (b) 7., Stats., and correction in (4) (a) 11. made under s. 35.17, Stats., Register November 2024 No. 827.

Wis. Admin. Code § Trans 129.09 Course requirements {#sec-trans-129.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.09}

(1) Basic rider course requirements. A basic rider course shall adhere to the curriculum established for a basic rider course by the curriculum provider and approved for use by the department, and shall meet all of the following criteria:

(a) The course shall consist of at least 15 hours of instruction which includes pre-class assignments, if any, and both classroom and range instruction. Sufficient time as directed by the curriculum provider shall be dedicated to range instruction for students to develop skills in accordance with curriculum requirements. Classroom instruction shall be provided in accordance with sub. (4).

(b) All instruction shall be completed within a 60-day time period.

(d) At a minimum, range instruction shall be provided in 6 maneuvers, including the following:

Straight line riding.
Turning.
Shifting, unless instructional vehicles are equipped with automatic transmissions.
Straight line braking.
Braking in a curve.
Evasive maneuvers.

(2) Basic course for experienced riders course requirements. A basic course for experienced riders shall adhere to the curriculum established for a course designated by the curriculum provider as a license waiver course for riders with sufficient riding skill and approved for use by the department, and shall meet all of the following criteria:

(a) The course shall consist of both classroom instruction and discussion, and range training. Sufficient time as directed by the curriculum provider shall be dedicated to range instruction for students to develop skills in accordance with curriculum requirements. Classroom instruction shall be provided in accordance with sub. (4).

(b) All instruction shall be completed within a 60-day time period.

(d) At a minimum, instruction shall be provided in all of the following maneuvers:

Straight line braking.
Braking on a curve.
Cornering.
Swerving techniques.

(e) A skills evaluation shall be conducted at the beginning of range training to assess an enrolled student’s ability to handle a motorcycle at the level required for the range portion of the experienced rider course.

(g) A knowledge test and a skills test approved by the department shall be conducted prior to the end of the course.

(3) Class size. Class size may not exceed 24 students in the classroom or 12 students on the range for the basic rider course or the experienced rider course.

(4) Classroom instruction. Classroom instructors for the basic rider course and basic course for experienced riders shall teach material developed by the curriculum provider and Wisconsin-specific material approved by the department. Classroom instruction may be provided in full or in part by online programs that teach the department-approved curriculum. Classroom instruction shall be supplemented by discussion of relevant topics during the range portion of the class. Training provided in the classroom or online shall include a testing mechanism that evaluates student comprehension of the curriculum. Testing may accommodate learning disabilities, limited English proficiency, or medical conditions.

(5) Range Instruction. A rider coach may exclude students who, in a rider coach’s opinion, demonstrate a lack of the skill, attention, or cooperation needed to safely complete the range portion of a course from further participation in range exercises in that course. This shall not preclude the student from participating in range exercises in a rider course at another time or location. Actions taken under this subsection must be consistent with standards set by the curriculum provider.

Note: Learning to ride a motorcycle is a physical skill. A person’s learning abilities and physical coordination may affect the person’s ability to master the skills involved. Because the skills used in earlier training exercises are fundamental and needed to complete later exercises, in the interest of safety, a rider coach may counsel a person to self-evaluate and possibly withdraw from range instruction. For example, a person who cannot master manipulation of the clutch and shifting a standard transmission in the class time allotted for learning that skill might prove a danger to other participants. The rider coach has authority, under this rule, to exclude a person from the remaining range exercises. Actions taken under this authority must be consistent with the standards set forth in the Motorcycle Safety Foundation Standards. The Wisconsin attorney general approved incorporation of these standards by reference on February 19, 2024, as required by s. 227.21 (2), Stats. Copies of these standards are available through the Wisconsin Motorcycle Safety Program State Administrator or the Legislative Reference Bureau.

(6) Skills and knowledge testing. All students shall be afforded an opportunity to participate in department-approved classroom knowledge and end-of-course range skills testing.

(a) Students shall successfully complete classroom knowledge testing to qualify for a demerit point reduction.

(b) Students shall successfully complete both classroom knowledge testing and end-of-course range skills testing to qualify for a skills test waiver.

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 04-132: am. (1) (b) and (2) (a) Register April 2005 No. 592, eff. 5-1-05; CR 07-084: am. (1) (f) and (2) (e), r. (3) Register February 2008 No. 626, eff. 3-1-08; CR 24-043: am. (title), (1) (intro.), (a), (b), (d) (intro.), 3., r. (1) (e), renum. (1) (f) to (3) and am., r. (1) (g), r. and recr. (2) (intro.), (a), am. (2) (b), r. and recr. (2) (e), r. (2) (f), cr. (2) (g), (4) to (6) Register November 2024 No. 827, eff. 12-1-24; title created in (3) under s. 13.92 (4) (b) 2., Stats., and correction in (5) made under s. 35.17, Stats., Register November 2024 No. 827.

Wis. Admin. Code § Trans 129.10 Requirements for rider coaches {#sec-trans-129.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.10}

(1) Rider coach license requirement. A person providing training on the operation of motorcycles for motorcycle skills test waiver purposes or for demerit point reduction purposes shall be licensed as a rider coach.

(1m) Application. Rider coaches seeking a rider coach license to participate in the waiver of skills test program, demerit point reduction program, or both, shall complete and submit an application to the department on the department's form.

Note: Application forms can be obtained from and should be submitted to the Department of Transportation, Motorcycle Safety Program, 4822 Madison Yards Way, 9th Floor South, Madison, WI 53705, or via email to wmsp@dot.wi.gov. The form is available online at https://wisconsindot.gov/Documents/formdocs/sp3574.pdf.

(2) License eligibility criteria. A person may not be licensed as a rider coach unless the person meets the requirements of par. (a) or (b) and pars. (c) to (g), and the driver record requirements of sub. (3):

(a) The person has completed a rider coach preparation course in this state meeting the requirements of the curriculum provider.

(b) The person has completed a rider coach preparation course meeting the curriculum provider’s requirements and approved by another jurisdiction, U.S. governmental agency, or a branch of the military, and has completed an out-of-state rider coach orientation course in this state or is authorized to grant skills test waivers in this state as of December 1, 2024. To qualify under this paragraph, a person may be required to provide proof of completion of pre-course and course assignments from the rider coach preparation course the person attended.

(d) The person successfully completes a minimum of 6 hours of motorcycle rider education related professional development activity sponsored or approved by the department during each year subsequent to the year the person completes rider coach training described in par. (a) or (b).

(e) The person successfully completes all knowledge tests, all skill tests, and other evaluations required for rider coach certification.

(f) The person is certified as a rider coach by the curriculum provider.

(g) The person meets the background requirements for licensing under s. Trans 129.20.

Note: Nothing in this rule prohibits a rider education provider or the curriculum provider from imposing more stringent driver record or background requirements upon instructors.

(3) Instructor driver record requirements. To be licensed as a rider coach, a person shall maintain a satisfactory driving record. A person's driving record may not be considered satisfactory under this subsection if that person:

(a) Has accumulated 6 or more demerit points under s. 343.32 (2), Stats., during a one-year period. Demerit point reductions under s. Trans 101.07 may not be considered.

(am) Has been convicted under s. 346.04 (2t) or (3), under s. 346.57 (4) (a) to (k) for speeding in excess of 20 miles per hour over the applicable speed limit, under s. 346.62, 346.63 (1), (2) or (6) (a), 346.67 (1), or 346.70 (1) as an operator, under s. 346.94 (2), or, if the violation caused bodily harm, as defined in s. 939.22 (4), to another where persons engaged in work in a highway maintenance or construction area, utility work area, or emergency or roadside response area are at risk from traffic, under s. 346.04 (1) or (2), 346.18 (6), 346.37, 346.39, 346.46 (1), or 346.57 (2), (3), (4) (d) to (h), or (5), or under an ordinance adopted in conformity with these offenses, or under any offenses in another jurisdiction that prohibits the following conduct as described in the other jurisdiction’s laws:

Failure to perform duties required of a driver after an accident, such as stopping, exchanging driver information, or reporting an accident.
Fleeing or attempting to elude an officer, or knowingly resisting an officer by failing to stop a vehicle.
Operating a commercial vehicle with alcohol concentration of 0.04 or more but less than 0.1 and causing injury.
Operating while intoxicated and causing injury.
Operating while under influence of intoxicant or controlled substance, or with a prohibited alcohol concentration.
Racing on a public highway or engaging in a contest of speed or endurance.
Reckless driving.
Speeding 20 miles per hour or more in excess of lawful or posted speed.

Note: The offenses described would all be 6-point offenses if committed in this state. See s. Trans 101.02 (1). There is no requirement that the other jurisdiction’s statute strictly conform to Wisconsin’s, only that it prohibits similar conduct. Variations in language from that used in Wisconsin statutes is expected and will not render a violation dissimilar. The department considers the type of conduct prohibited by the other jurisdiction’s law, not the particular conduct committed by the licensee.

(b) Has been involved in 2 or more accidents in the preceding year and the accident report for more than one accident indicates that the person may have been causally negligent.

(c) Has had his or her operator’s license revoked or suspended for a traffic violation other than a parking violation, failure to pay a forfeiture or other debt of any type, at any time during the preceding year.

Note: Nothing in this rule prohibits a rider education provider or the curriculum provider from imposing more stringent driver record or background requirements upon rider coaches.

(4) Ongoing conduct requirements. A rider coach shall:

(a) Conduct rider courses and programs at authorized training sites, in conjunction with an approved rider education provider, and in a manner that meets the standards required by the curriculum provider.

(b) Maintain a low risk and positive learning environment for all students.

(d) Operate a motorcycle on a frequent, routine basis during the riding season.

(e) Ride, drive, and teach classes free of intoxicants, controlled substances, and controlled substance analogs as defined in ch. 340, Stats.

(f) Wear protective gear when riding to, from, and during on-cycle rider training activities.

(g) Complete rider coach or rider coach trainer professional development in addition to training required for initial licensure under this chapter if required by the curriculum provider or the department.

(h) Exhibit professional conduct, including having an appropriate appearance, using appropriate language, exhibiting positive verbal and written messages, and engaging in positive interaction with others that is free from intimidation or threat.

(i) Provide each student who successfully completes a rider course a course completion card. If the rider used a 3-wheeled vehicle on the range portion of the course, provide a notation that the course was completed on a 3-wheeled vehicle on the course completion card.

(5) Ineligibility for and suspension of rider coach license.

(a) The department shall suspend the license of or deny an application for a rider coach license for a person who does not meet the license eligibility criteria of sub. (2), whose driver record does not meet the requirements of sub. (3), or who does not meet the conduct requirements of sub. (4).

A person whose license is suspended because the person does not meet the licensing criteria of sub. (2) may reapply for a rider coach license or apply to apply reinstate a suspended rider coach license when the person is eligible licensing under sub. (2).
A person whose license is suspended because the person failed to meet the driver record requirements of sub. (3) may reapply for a rider coach license or apply to reinstate a suspended rider coach license one year from the conviction date for the latest offense that led to imposition of the suspension under sub. (3), or the date that offense was reported to department as required by s. Trans 129.23, whichever is later.
A person whose license is suspended because the person failed to meet the conduct requirements of sub. (4) shall be eligible to reinstate the suspended rider coach license at the end of the suspension period.
A person whose license is suspended for any combination of the reasons specified in subd. 1. to 3. shall be eligible to reinstate the suspended rider coach license at the end of all of the suspension periods.

(b) The department shall suspend the license of a person whose authorization or certification to teach a curriculum is cancelled, suspended, revoked, or otherwise withdrawn by a curriculum provider. The person may reapply for or reinstate a rider coach license when the person is reauthorized to conduct training by the curriculum provider.

(c) No person may act as a classroom or range instructor at a school that issues skill test waivers or demerit point reductions if the person’s rider coach license is cancelled or suspended.

Note: See s. Trans 129.08 (2) (e).

(d) Rider coaches may be evaluated from time to time by the department. If the department evaluates a rider coach and determines that the individual fails to meet the standards set by this chapter, the department may require the rider coach to participate in a training program provided by the applicable curriculum provider, and may cancel that rider coach’s license if the individual does not complete the required training within the time specified by the department.

(6) Rider coach licenses.

(a) The department shall assign all licensed rider coaches a rider coach number.

(b) A rider coach license shall be valid through the same date as the authorization the person receives from the curriculum provider to conduct motorcycle rider classes, unless the authorization from the curriculum provider is cancelled or suspended.

Note: The intent of this provision is to reduce administrative burdens on rider coaches by having all reauthorization activities by the department and the curriculum provider coincide.

(c) The department shall evaluate each rider coach’s qualifications under this section at least once during each license period and shall take action as required under sub. (5) if the evaluation concludes that the rider coach is ineligible to be licensed.

(7) Rider coach training qualification. To develop and maintain a state-wide pool of motorcycle rider coaches, the department may manage enrollment into department-sponsored motorcycle rider coach instruction classes in any of the following manners:

(a) Exclude applicants from rider coach training classes who are not sponsored by a rider education provider.

(b) Grant preference to persons who are applying to become rider coaches in parts of the state where additional instructors are needed.

(c) Exclude applicants who do not meet the background or driver record qualification requirements for a motorcycle rider coach.

(d) Interview and select rider coach applicants who the interviewing panel concludes are most likely to succeed as motorcycle rider coaches.

(e) Limit the number of persons it will enroll in rider coach training classes if the number of applicants exceeds the number of available student positions in the department-sponsored rider coach training class.

(8) Rider coach trainers. The department may maintain a list of rider coach trainers who are certified by the curriculum provider as rider coach trainers, and who undergo all training and evaluations required to maintain that certification. Rider coach trainers shall be subject to the requirements of subs. (2) and (3) and hold a rider coach license. Only certified rider coach trainers may provide rider coach preparation courses or orientations.

Note: Persons trained in other jurisdictions, or via training by the military or a federal agency may qualify as instructors under sub. (2) (b).

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (1), (2) (c), (d) and (4) (c), r. (2) (b), cr. (2) (e) Register February 2008 No. 626, eff. 3-1-08: CR 23-043: am. (title), renum. (1) to (1m) and am., renum. Trans 129.19 (1) to (1), r. and recr. (2), am. (3) (intro.), (a), cr. (3) (am), am. (b), r. and recr. (4), (5), cr. (6) to (8) Register November 2024 No. 827, eff. 12-1-24; correction in (3) (am) (intro.) made under s. 35.17, Stats., Register November 2024 No. 827.

Wis. Admin. Code § Trans 129.11 Course evaluation {#sec-trans-129.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.11}

(1) Evaluation of basic rider education courses may include any of the following:

(a) An on-site inspection of the rider course program by personnel authorized by the department.

(b) A review of the ratio of passing to failing students, including reasons any students did not complete the course.

(c) Evaluation of the facilities and instruction for compliance with statutory requirements and these rules, and in a manner consistent with evaluation criteria specified by the curriculum provider.

(2) An evaluation may not be conducted by a person who teaches at or is employed by the site that is subject to the evaluation.

(3) On-site evaluation reports shall be submitted to the department within 10 days of the evaluation.

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: renum. to be (1), cr. (2) and (3) Register February 2008 No. 626, eff. 3-1-08; CR 23-043: am. (1) (a), cr. (1) (c), am. (2) Register November 2024 No. 827, eff. 12-1-24.

Wis. Admin. Code § Trans 129.12 Hearing following cancellation, suspension, or denial of licenses {#sec-trans-129.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.12}

(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.

Wis. Admin. Code § Trans 129.13 Student participation reports and course completion cards {#sec-trans-129.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.13}

(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.

(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.

Wis. Admin. Code § Trans 129.14 Priorities {#sec-trans-129.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.14}

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.

Wis. Admin. Code § Trans 129.15 Motorcycle riding course grants {#sec-trans-129.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.15}

(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:

Give priority to training instructors.
Attempt to encourage courses in all areas of the state.
Avoid a concentration of grants in any one geographic area.
Give priority to funding basic rider courses and basic courses for experienced riders over other courses.
Give priority to creating new programs over expanding existing programs.
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:

Meets the requirements of s. Trans 129.09.
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.
Has adequate motorcycles appropriately equipped for training purposes available.
Has enough authorized rider coaches available to teach proposed classes.
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.

(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:

70% of the actual course cost.
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.

Wis. Admin. Code § Trans 129.16 Public awareness programs {#sec-trans-129.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.16}

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.

Wis. Admin. Code § Trans 129.17 Safety education {#sec-trans-129.17 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.17}

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.

Wis. Admin. Code § Trans 129.18 Improved testing {#sec-trans-129.18 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.18}

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.

Wis. Admin. Code § Trans 129.20 Fitness for rider education provider or rider coach license {#sec-trans-129.20 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.20}

(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.

Wis. Admin. Code § Trans 129.21 Insurance and bond requirements {#sec-trans-129.21 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.21}

(1) A rider education provider shall do all of the following:

(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:

(3) The surety bond shall allow students to apply to the bond company for reimbursement of monies advanced for rider courses if the obligations of the rider course provider to provide instruction sufficient to qualify successful students for a skill test waiver or demerit point reduction are not met.

(4) A copy of the bond or evidence of acceptable alternative shall be provided to the department with the application for license.

Note: The motorcycle rider education provider bond form is available online at https://wisconsindot.gov/Documents/formdocs/mv3765.pdf.

History

CR 07-084: cr. Register February 2008 No. 626, eff. 3-1-08; CR 23-043: am. (1) (intro.), r. (1) (b), am. (2) (intro.), r. and recr. (3) Register November 2024 No. 827, eff. 12-1-24.

Wis. Admin. Code § Trans 129.22 Cooperative rider education testing program {#sec-trans-129.22 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.22}

The department may enter into a cooperative driver testing agreement with a rider education provider to conduct knowledge tests as permitted by s. 343.16 (1) (c), Stats. A rider education provider may administer the knowledge and highway signs tests to students who are enrolled in a motorcycle rider education course.

History

CR 07-084: cr. Register February 2008 No. 626, eff. 3-1-08; CR 23-043: am. Register November 2024 No. 827, eff. 12-1-24.

Wis. Admin. Code § Trans 129.23 Reporting convictions and activities inconsistent with rider coaching {#sec-trans-129.23 omnilex-key=us-wi-regs-official--agency-trans--Trans 129.23}

(1) A person shall file a written report of any of the following events within 7 days of the event to the department in the manner specified in sub. (2) and to all other persons for whom the person conducts motorcycle rider training:

(a) The person is convicted of any offense described in s. Trans 129.20.

(b) The person accumulates 6 or more demerit points in the manner specified in s. Trans 129.10 (3) (a).

(c) The person is involved in 2 or more accidents in any one-year period for which accident reports indicate the person may have been negligent as described in s. Trans 129.10 (3) (b).

(d) The person has their operator’s license revoked or suspended for a traffic violation other than a parking violation, failure to pay a forfeiture, or other debt of any type.

(2) The person shall make the written report to the department’s Wisconsin Motorcycle Safety Program in writing or via electronic transmission in the manner directed by the department.

Note: Currently, persons are directed to provide notice in writing to Wisconsin Motorcycle Safety Program, 4822 Madison Yards Way, 9th Floor South, Madison, WI 53707, or via email addressed to wmsp@dot.wi.gov.

(3) A report under sub. (1) shall report the name, driver license number, and authorization number of the person and describe the event reported.

(4) Failure to timely report an event under sub. (1) in the manner required by sub. (2) may result in cancellation of the person’s rider coach license and license ineligibility for a period of up to 1 year consecutive to any suspension or cancellation of the rider coach license imposed under this chapter as a consequence of that event.

(5) A rider education provider shall file a written report with the department’s Wisconsin Motorcycle Safety Program in the manner directed by the department within 7 days of learning of a rider coach employed by the rider education provider being involved in any of the events described in sub. (1).

Note: Currently, rider education providers are directed to provide notice in writing to Wisconsin Motorcycle Safety Program, 4822 Madison Yards Way, 9th Floor South, Madison, WI 53707, or via email addressed to wmsp@dot.wi.gov.

Chapter Trans 130 SPECIAL IDENTIFICATION CARDS AND SPECIAL REGISTRATION PLATES FOR INDIVIDUALS WITH PHYSICAL DISABILITIES

Wis. Admin. Code § Trans 130.01 Purpose and scope {#sec-trans-130.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.01}

(1) Statutory authority. As authorized by ss. 85.16 (1) and 343.51 (1) and (2), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 340.01 (43g), 341.14 (1), (1a), (1e), (1m), or (1q), 343.51, 343.52, 346.50 (1m), (2a) (h), (j), and (k), and (3), Stats., relating to the issuance and use of special identification cards and special registration plates for persons with a physical disability and for persons and any organizations that regularly transport persons with a physical disability.

(2) Applicability. This chapter applies to any person with a physical disability, any employer who provides a motor vehicle for the use of an employee who is a person with a physical disability, any licensed driver who has another person with a physical disability regularly dependent on the licensed driver for transportation, any lessor of a motor vehicle who leases the vehicle to a person with a physical disability, and to an organization wishing to obtain an identification card or special registration plates for special parking privileges under ss. 346.50 (1m) to (3m), 346.503 and 346.505, Stats.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats., Register November 2002 No. 563; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.

Wis. Admin. Code § Trans 130.02 Definitions {#sec-trans-130.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.02}

As used in this chapter:

(1) “Card” means a special identification card issued under this chapter and s. 343.51, Stats., to a person or organization for the purpose of obtaining special parking privileges.

(2) “Card holder” means a person or organization who the department has determined is eligible for a card.

(3) “Department” means the Wisconsin department of transportation.

(4) “Health care specialist” means a physician licensed to practice medicine in any state, an advanced practice nurse licensed to practice nursing in any state, a physician assistant licensed or certified to practice in any state, a chiropractor licensed to practice chiropractic in any state, a Christian Science practitioner residing in this state and listed in the Christian Science journal, or an authorized representative of the U.S. department of veterans affairs.

(4m) “Individual card” means a special identification card as described in s. Trans 130.03 (1) issued under this chapter and s. 343.51, Stats., to an individual for the purpose of obtaining special parking privileges.

(5) “Organization” means a profit or non-profit corporation, any unit of government, a partnership or association, 2 or more persons having a joint or common interest, or any other legal or commercial entity.

(5g) “Organization card” means a special identification card as described in s. Trans 130.03 (2) issued under this chapter and s. 343.51, Stats., to an organization for the purpose of obtaining special parking privileges.

(5m) “Permanent card” means a card that is valid for 4 years.

(6) “Person” means a person defined under s. 340.01 (43g), Stats.

(7) “Special registration plates” means registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q), Stats.

(8) “Temporary card” means a card that is valid for not more than 6 months.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR02-085: cr. (5m) and (8), Register November 2002 No. 563, eff. 12-1-02; CR 07-072: am. (4), cr. (4m) and (5g), Register November 2007 No. 623, eff. 12-1-07; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.

Wis. Admin. Code § Trans 130.03 Application form {#sec-trans-130.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.03}

(1) Application by a person for an individual card and application for special registration plates. Each application by a person for a permanent individual or temporary individual card and each application for special registration plates shall be on a form provided by the department or in a letter, except as allowed in s. Trans 130.10, and shall contain the following information:

(a) The date of the application.

(b) The name and address of the person.

(d) Whether or not the person holds a valid Wisconsin operator’s license issued under ch. 343, Stats.

(e) The person’s Wisconsin operator’s license number, if applicable.

(f) A notification that the person, if he or she holds an operator’s license, may be required to demonstrate to the department that the disability does not impair the person’s ability to operate a motor vehicle safely.

(g) The signature of the person or, if applicable, the signature of anyone authorized to sign for the applicant.

(h) The relationship of the signer to the person with the disability, if signed by someone other than the person.

(i) A statement from a health care specialist including:

The date of the health care specialist’s statement.
A certification that the individual has a disability within the meaning of s. 340.01 (43g), Stats.
Whether the disability is permanent or temporary.
The duration of the disability, not to exceed 6 months, if temporary.
In an application for a permanent individual card, whether or not the health care specialist believes that the person’s disability impairs the person’s ability to drive safely.
The health care specialist’s signature, name and address.
The health care specialist’s medical license number, if applicable, and telephone number.

(j) Any other information necessary to assist the person, the person signing the application, and the health care specialist to understand the requirements and privileges of ss. 340.01 (43g), 341.14 (1), (1a), (1e), (1m), or (1q), 343.51, 343.52 and 346.50 (1m), (2a) (h), (j), and (k), and (3), Stats., and this chapter.

(k) As required by s. 343.51 (1m) (b), Stats., the person making application to the department shall make and retain a copy of the statement from the health care specialist, for the period of time during which the special identification card is valid. The person shall carry the copy of the statement on the person or in the vehicle and shall, upon request by any traffic officer, produce the statement for inspection.

(2) Application by an organization for a permanent organization card. Each application for a permanent organization card by an organization shall be on a form provided by the department or in a letter, and shall contain the following information:

(a) The date of application.

(b) The name and address of the organization.

(bm) The Federal Employer Identification Number, or FEIN, of the organization.

(d) The total number of motor vehicles operated by or on behalf of the organization to transport persons as defined in s. Trans 130.02 (6).

(e) The number of organization cards being requested.

(f) The printed name, signature and official capacity of the person authorized to sign for the organization.

(g) Any other information necessary to assist the organization to understand the requirements and privileges of ss. 343.51, 343.52 and 346.50 (1m), (2a) (h), (j) and (k), and (3), Stats., and this chapter.

(h) The organization making application shall make and retain at its regular place of business for the period of time in which the organization card is valid, a copy of the certification by the organization that it regularly transports persons, and shall make the certification available for inspection to a traffic officer upon request.

(i) The organization shall maintain a record of the name of any person to whom the organization has issued one of its organization cards, and the date of issue. Whenever any person no longer operates a vehicle on behalf of the organization, the organization shall make a good faith effort to retrieve the organization card from that person.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94; corrections in (1) (j) and (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register November 2002 No. 563; CR 07-072: am. (1) (intro.) and (i) 5., (2) (intro.) and (e), cr. (1) (k), (2) (bm), (h) and (i), Register November 2007 No. 623, eff. 12-1-07; correction in (1) (j) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661; CR 22-048: am. (1) (h), (i) 2. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 130.04 Fees {#sec-trans-130.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.04}

(1) Issuance fee for a card. A fee of $6.00 shall be charged for the issuance, replacement or extension of a temporary individual card. Effective July 1, 2003, no fee may be charged for the issuance, replacement, extension or renewal of a permanent individual or organization card.

(2) Counter service fee. A counter service fee, as defined in s. 341.255 (2) (b), Stats., relating to registration renewals, shall be charged for each card, or for the replacement, extension or renewal of a card when issued at a counter designated by the department.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR 02-085: am. (1), Register November 2002 No. 563, eff. 12-1-02; CR 07-072: am. (1), Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 130.05 Use {#sec-trans-130.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.05}

(1) Display. When in use for a parked vehicle, the card shall be displayed so the information on the card is clearly visible outside of the vehicle. If the card is manufactured so as to be suspended, the card shall be hung from the rear view mirror.

(2) Restrictions and limitations.

(a) No person or organization may duplicate, reproduce or copy any card, unless directed to do so by the department.

(b) A temporary individual card may not be issued for a period of more than 6 months.

(d) The certification of a person’s eligibility for an individual card or registration plates by a U.S. department of veterans affairs representative is not to be considered as a claim for veterans affairs benefits.

(e) No organization may be issued a temporary card.

(f) An organization card issued to an organization shall be used only for a motor vehicle operated by or on behalf of the organization when transporting persons as defined in s. Trans 130.02 (6). This includes the following:

A motor vehicle owned or leased by the organization and operated by an authorized employee or volunteer worker.
A motor vehicle owned or leased by someone other than the organization, but operated by an authorized employee of the organization or volunteer worker on behalf of the organization.

(g) No organization may be issued more organization cards than the total number of motor vehicles operated by or on behalf of the organization to regularly transport persons as defined in s. Trans 130.02 (6).

(h) A person who has special registration plates issued under s. 341.14 (1a), (1m), or (1q), Stats., may be issued no more than one individual card.

(i) A person who has no special registration plates issued under s. 341.14 (1a), (1e), (1m), or (1q), Stats., may be issued no more than 2 individual cards.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR 07-072: am. (2) (b), (d), (f) (intro.) and (g) to (i), Register November 2007 No. 623, eff. 12-1-07; corrections in (2) (h) and (i) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 661.

Wis. Admin. Code § Trans 130.06 Change of name or address {#sec-trans-130.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.06}

When the name or address of an individual or organization card holder is changed, the person or spouse, parent, step–parent, foster parent or guardian of the person, if applicable, or organization in the case of organization card shall, within 10 days, notify the department of the individual or organization card number, the former address and the new address, or the former name and the new name.

History

Cr. Register, July, 1994, No.463, eff. 8-1-94; CR 07-072: am. Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 130.07 Replacement card {#sec-trans-130.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.07}

(1) When required. If a person or organization has a card and the card is mutilated, destroyed, illegible, lost or stolen, the card holder may apply to the department for a replacement.

(2) Report of stolen cards. If the card is lost or stolen, the card holder shall notify the department within 10 days.

(3) Application. A person or organization applying for a replacement individual or organization card shall provide the following:

(a) The information required in s. Trans 130.03 (1) (a) to (h) for a person or s. Trans 130.03 (2) (a) to (c) and (f) for an organization.

(b) Certification by a health care specialist, as prescribed by s. Trans 130.03 (1) (i) for a person, if required by the department.

(d) The former address, if changed from that shown on the previous application.

(e) One of the following words or phrases to describe the reason a replacement card is required:

Lost.
Stolen.
Destroyed.
Mutilated or illegible.

(4) Excessive replacements.

(a) If a person has previously been issued 2 or more replacement individual cards during the 36 months prior to the current application, or if an organization has been issued 2 or more replacement organization cards during the 36 months prior to the current application, the person or organization shall also submit to the department a signed, notarized statement as prescribed by the department.

(b) If the person or organization does not submit the signed, notarized statement to the department within 30 days after the department receives the replacement individual or organization card application, the department shall consider the application for replacement individual or organization card withdrawn.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR 07-072: am. (1) and (3) (intro.), r. (3) (e) 5., cr. (4), Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 130.08 Extension of a temporary card {#sec-trans-130.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.08}

A person needing an extension of a temporary individual card because the temporary disability continues beyond the expiration of the previously issued temporary individual card shall submit a new application as specified in s. Trans 130.03.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR 07-072: am. Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 130.09 Renewal of a permanent individual or organization card and special registration plates {#sec-trans-130.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.09}

The department shall request submittal every 4 years of the information for a person as specified under s. Trans 130.03 (1), or for an organization as specified under s. Trans 130.03 (2), in order to verify the person or organization’s continuing qualifications for a permanent individual or organization card or special registration plates and to renew the card or special registration plates.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR 07-072: am. Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 130.10 Use of other statements {#sec-trans-130.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.10}

At the department’s discretion, a statement or application already on file with the department used to establish eligibility for an individual or organization card, or special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q), Stats., may be used to establish eligibility for issuance or renewal of an individual or organization card or special registration plates.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR 07-072: am. Register November 2007 No. 623, eff. 12-1-07; correction made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.

Wis. Admin. Code § Trans 130.11 Cancellation {#sec-trans-130.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 130.11}

(1) The department may cancel an individual or organization card or special registration plates in the following instances:

(a) When the card or plates were issued as a result of fraud or error.

(b) When the card is replaced, extended or renewed.

(d) When the card use is unauthorized under s. 343.52, Stats.

(e) When the special registration plate use is unauthorized under s. 341.14, Stats.

(f) When the card is reported lost or stolen.

(2) Whenever an individual or organization card is canceled under sub. (1) (a), the card shall be surrendered to the department.

(3) When special registration plates are canceled under sub. (1), the department may issue standard registration plates for the remainder of the registration period.

Note: Forms used in administering this chapter are MV2548, Permanent Disabled Parking Identification Card for Individuals; MV 2933, Temporary Disabled Parking Identification for Individuals; MV2595, Disabled Parking Identification Cards for Organizations; MV2162, Disabled Parking License Plates Application; MV2172, U.S. Veteran Disabled Parking License Plates Application; MV 2752, Important Information for Persons Authorized Disabled Parking Privileges; and MV 2967, Excessive Individual or Organization Replacement Card Notarized Statement. Forms may be obtained from the Wisconsin Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, P. O. Box 7907, Room 253, Madison, WI 53707–7907 or from the department’s web site www.dot.state.wi.us.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94; CR 07-072: am. (1) (intro.), (c) and (2), Register November 2007 No. 623, eff. 12-1-07.

Chapter Trans 131 MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM (MVIP)

Wis. Admin. Code § Trans 131.01 Purpose and scope {#sec-trans-131.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.01}

(1) Statutory authority. As authorized by ss. 110.06, 110.20 (9) and 227.11 (2) (a), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of s. 110.20, Stats., relating to a motor vehicle emissions inspection program.

(2) Applicability. This chapter applies to all nonexempt vehicles customarily kept in those counties certified by the department of natural resources under s. 110.20 (5) (a), Stats. It also applies to all nonexempt vehicles customarily kept in any county whose board of supervisors has adopted a resolution under s. 110.20 (5) (b), Stats., requesting the department establish an inspection and maintenance program, and applies to any nonexempt vehicle which a person presents for a voluntary inspection at an inspection station pursuant to s. 110.20 (7), Stats., and s. Trans 131.07. For purposes of determining where a vehicle is customarily kept, the county of domicile as indicated by the vehicle owner and contained in the department’s title data base shall be used. In the absence of an indicated county of domicile, the owner or lessee’s post office address shall be used to determine county of domicile. The department may determine whether the vehicle domicile location is consistent with the owner or lessee’s post office address or with other information that indicates the customary location of the vehicle. The department may change a vehicle domicile location in department title records to make it consistent with the results of its determination, and may require the vehicle to undergo emission inspection as required in this chapter. If the vehicle owner or lessee disputes the department’s determination, the vehicle owner or lessee may present evidence satisfactory to the department of the correct vehicle domicile location. The department decision as to correct vehicle domicile location shall be the final decision of the department.

Note: Forms used in this chapter are MV 2016, substitute renewal notice; MV 2470, vehicle inspection report; MV 2472, application for letter of temporary exemption from emission test requirements; MV 2588, exchanged engine certificate; MV 2594, quality assurance inspection report. Copies can be obtained from the Wisconsin Department of Transportation, Dealer and Agent Section, P. O. Box 7909, Madison, WI 53707-7909.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; CR 07-114: am. (2) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (2) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § Trans 131.02 Definitions {#sec-trans-131.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.02}

Words and phrases defined in s. 110.20, Stats., have the same meaning in this chapter unless a different definition is specified. In this chapter:

(1) “Air pollution control equipment” or “emission equipment” means any equipment or feature which constitutes an operational element, device or mechanism which is part of the air pollution control system on a motor vehicle.

(1m) “Authorized inspection facility” means a self-service inspection facility, or a private inspection facility, or an inspection station or facility operated by the department, or by a contractor or subcontractor authorized by the department to perform emission inspections.

(2) “CO” means carbon monoxide.

(3m) “Collector vehicle” means a nonexempt vehicle with a collector special interest vehicle registration under s. 341.266, Stats.

(6) “Contractor” means a person with whom the department has a contract that provides for the operation of one or more inspection stations or for the performance of emission inspection at an authorized inspection facility other than an inspection station or for the performance of a service related to the Wisconsin vehicle emission inspection program.

(6m) “DLC” means data link connector on a vehicle equipped with an OBD II system.

(6r) “DTC” means diagnostic trouble code stored by a vehicle’s OBD II system.

(7) “Department” means the Wisconsin department of transportation.

(8) “Electronic reporting,” “electronically reported” or “reported electronically” means reported directly to the department or its contractor electronically in a format specified by the department.

(9) “Emission limitations” means the maximum vehicle emission concentrations in s. NR 485.04.

Note: Chapter NR 485 may be obtained from the Wisconsin Department of Natural Resources, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707.

(10) “Emission inspection” means the OBD II inspection.

(12) “Exempt vehicles” means all vehicles other than nonexempt vehicles which are identified in s. 285.30 (5), Stats., and s. NR 485.04 (10).

(13) “Exhaust emission” or “exhaust gas” means the combination of substances emitted into the atmosphere from the tailpipe or tailpipes of a motor vehicle.

(15) “Federal rule” means 40 CFR part 51, subpart S, inspection/maintenance program requirements; final rule.

Note: All references made to the Federal Rule in this document are to 40 CFR Part 51, Subpart S Inspection/Maintenance Program Requirements; Final Rule dated November 5, 1992, as amended through January 1, 2001.

(17) “GPM” means grams per mile.

(18) “GVWR” means gross vehicle weight rating and has the same meaning as provided in s. 340.01 (19r), Stats.

(19) “Government vehicle” means a motor vehicle both owned by this state or by any county, municipality, or federally-recognized American Indian tribe or band and registered under s. 341.26 (2m), Stats., or a vehicle owned or leased by the United States.

(20) “HC” means hydrocarbon.

(20m) “Hobbyist vehicle” means a nonexempt vehicle with a hobbyist registration under s. 341.268, Stats.

(21) “Homemade vehicle” has the same meaning as provided in s. 341.268, Stats.

(22) “Inspection” means the mandatory vehicle emission inspection required by s. 110.20, Stats., consisting of an OBD II inspection.

(23) “Inspection report” has the same meaning as provided in sub. (54).

(24) “Inspection station” means an inspection facility operated by a party under contract with the department for the purpose of conducting vehicle emission inspections required by s. 110.20, Stats.

(25) “Inspector” means the individual who performs the vehicle emission inspection for the contractor or subcontractor.

(26) “MIL” means malfunction indicator lamp.

(28) “Master automotive technician” means a person possessing the highest level of any nationally recognized certification organization for automotive emission-related diagnosis and repair.

(29) “Model year” means the date of manufacture of the original vehicle within the annual production period of the vehicle as designated by the manufacturer, or if a reconstructed or homemade vehicle, the first year of titling. If the manufacturer does not designate a production period, the term “model year” means the calendar year of manufacture. Determination of model year shall be as indicated in the VIN or on the vehicle’s registration documents.

(31) “New vehicle” means a motor vehicle to which the legal title has never been transferred to an ultimate retail purchaser as defined in s. Trans 139.02.

(34) “OBD II” means the on-board diagnostic system installed on 1996 and newer vehicles by the manufacturer that meets the regulations promulgated by the USEPA under 42 USC 7401-7671q.

(34m) “OBD inspection” or “OBD II inspection” means an emissions related inspection in which the vehicle’s on-board computer is accessed to evaluate the status of the vehicle’s emission control system.

(35) “Performance monitoring” means the system of evaluating automotive repair facilities’ performance by collecting and reporting the repair data as recorded on the vehicle inspection report or as reported electronically, upon performance of the repair.

(36) “Person” means an individual, corporation, association, firm, partnership, joint stock company, public or municipal corporation, political subdivision, the state or any agency thereof, and the federal government.

(37) “Proper” or “properly” means meeting original manufacturer’s equipment standards or the equivalent.

(37m) “Readiness monitors” means the tests performed internally by a vehicle’s OBD II system that determine if an emission component is ready to be checked by the on-board vehicle computer.

(38) “Recognized automotive emission repair technician” means a person who has received and has proof of formal training in both diagnosis and repair of automotive engines and related systems.

(39) “Recognized repair facility” means a franchised new car dealer or other business with a Wisconsin sales tax number that performs emission repairs as a regular part of its business activities and employs at least one recognized automotive emission repair technician.

(40) “Reconstructed vehicle” has the same meaning as provided in s. 341.268 (1) (d), Stats.

(41) “Registration” has the same meaning as provided in s. 344.01 (2) (e), Stats.

(42) “Remote sensing test” means the test conducted under s. Trans 131.14.

(44) “Tamper” or “tampering” has the same meaning as in s. 285.30 (6) (a) 3., Stats.

(45) “Technical assistance center” means either a separate contractor facility or a portion of an inspection station which, under the direction of a master automotive technician, is equipped to perform both emission inspections and complete diagnostic evaluations of nonexempt vehicles.

(48) “Truck” has the same meaning as “motor truck” as provided in s. 340.01 (34), Stats.

(50) “USEPA” means the United States Environmental Protection Agency.

(50m) “USEPA technical guidance” means the USEPA publication “Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and Maintenance Program,” dated June, 2001, which is incorporated herein by reference. Any alternative inspection procedures or changes in procedural details shall be approved by the USEPA administrator prior to use.

Note: Copies are on file with the Legislative Reference Bureau and the Attorney General’s office. These procedures are available in published form from the Wisconsin Department of Transportation, Bureau of Field Services, P. O. Box 7909, Room 253, Madison, WI 53707-7909 and can be accessed on the internet at http://www.epa.gov/otaq/regs/im/obd/r01015.pdf.

(51) “Van” means a motor vehicle constructed on a truck chassis, or indicated as a truck on the manufacturer’s statement of origin, with a completely enclosed driver and cargo compartment useable as a cargo carrying vehicle or as a passenger vehicle depending upon equipment.

(52) “Vehicle” or “motor vehicle” has the same meaning as provided in s. 340.01 (35), Stats.

(53) “Vehicle inspection notice” means a document mailed to vehicle owners as a result of failing a remote sensing test indicating that the nonexempt vehicle has been inspected in accordance with the provisions of s. Trans 131.14 and, if necessary, shall be presented at an inspection station or other authorized inspection facility for inspection under s. 110.20 (6) (a) 4., Stats.

(54) “Vehicle inspection report” means a serially numbered document issued at an inspection station or authorized inspection facility or technical assistance center or by an inspector designated by the department to perform the functions of a technical assistance center at the time of vehicle inspection, indicating that the vehicle has been inspected in accordance with the provisions of this chapter, and may include data reported electronically.

(55) “VIN” means a unique vehicle identification number as defined in s. 340.01 (23r), Stats.

(56) “Voluntary inspection” means the voluntary presentation of a nonexempt vehicle for an emission inspection.

(56m) “Waiver” means a conditional one-cycle exemption from emission inspection that may be granted to a vehicle owner or lessee.

(57) “Waiver emission equipment inspection” means a visual inspection conducted to determine the presence and proper connection of selected emission equipment on vehicles presented for waiver determination under s. Trans 131.04.

(58) “Waiver investigator” means the department employee or designated contractor representative who approves or disapproves applications for waivers.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. revise eff. 12-4-95; am. (intro.), renum. (1) to (4), (6) to (10), (14) to (16), (18) to (22), (24), (26) to (28) and (34) to (42) to be (2), (3), (6) to (10), (12), (13), (16), (19) to (25), (29) to (32), (36), (37), (41), (43), (44), (48), (51), (52), (54), (56), (58), respectively, and am. (6), (8) to (10), (12), (19), (22), (23), (25), (29), (32), (43), (44), (51), (52), (54), (56), (58), cr. (1), (3m), (4), (14), (15), (18), (20m), (27), (28), (34), (35), (38), (39), (40), (42), (45), (47), (49), (50), (50m), (53), (55) and (57), r. (5), (12), (13), (23), (25), (29), (30), r. and recr. (11), (17), (33), Register, April, 1996, No. 484, eff. 5-1-96; correction in (44) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488; correction made to delete duplicative subsection and correction in (12) and (20m) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520; cr. (6m), (6r), (26), (34m), (37m), am. (11), (22), (32), (50m) and (58), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: cr. (1m) and (56m), r. (3), (4), (11), (14), (16), (27), (30), (32), (33), (43), (47) and (49), am. (6), (6r), (10), (22), (25), (34) to (35), (50m), (53) and (54), r. and recr. (8) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1m), (6), (10), (34m), (50m), (54) and (56m) Register December 2010 No. 660, eff. 1-1-11; CR 22-048: am. (19) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 131.03 Emission inspection and reinspection {#sec-trans-131.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.03}

(1) General.

(a) All nonexempt vehicles that are customarily kept in counties certified under s. 110.20 (5) (a), Stats., or in a county whose county board adopts a resolution under s. 110.20 (5) (b), Stats., shall be inspected as provided in this chapter. Penalty for failure to comply with this section consists of either denial of registration renewal or suspension of vehicle registration as set forth in s. 341.63 (1) (e), Stats.

Note: The 6 counties of Kenosha, Milwaukee, Ozaukee, Racine, Washington and Waukesha were certified by the department of natural resources in a letter to the department dated August 21, l981. Sheboygan County was certified by the department of natural resources in a letter to the department dated April 20, 1992.

(b) Nothing in this chapter waives an expired registration because of failure to pass inspection requirements by the registration deadline.

(d) For purposes of calculating the number of model years of vehicle age under ss. 110.20 (13) and 285.30 (5), Stats., a model year shall be considered synonymous with a calendar year. Not satisfying the inspection requirements of this chapter prior to the date of registration expiration shall not extend vehicle age.

Note: For example, a 2004 model year vehicle shall be considered as being more than 4 model years old commencing January 1, 2008.

(2) When inspection required. Nonexempt vehicles subject to an inspection shall have the inspection completed as provided in this chapter when any of the following apply:

(a) No more than 180 days prior to renewal of annual registration. This requirement applies when the vehicle is 4 model years old and every 2 years thereafter.

(b) Within 45 days of an ownership change registration issuance for vehicles more than 5 model years old at the time of ownership change, unless the vehicle passed inspection within 180 days prior to such ownership change registration, or

Note: For example, a 2004 model year vehicle shall be considered as being more than 4 model years old commencing January 1, 2008.

(d) Within 45 days of collector or hobbyist registration issuance.

(3) Document requirements. Each vehicle presented for inspection at an inspection station or at an authorized inspection facility shall be accompanied by at least one of the following documents which identifies the vehicle by make, model year, VIN, and license plate number:

(a) A current Wisconsin vehicle license renewal notice.

(b) A current Wisconsin certificate of registration.

(d) A vehicle inspection report if a reinspection, unless repair performance data has, upon performance of the repair, been reported electronically.

(e) A letter of temporary exemption issued by the department.

(f) A properly completed substitute renewal notice, form MVD 2016.

(g) A letter issued by the department notifying the vehicle owner that the vehicle requires inspection.

(h) A properly completed voluntary inspection request form, obtainable from the manager at each of the inspection stations or at other authorized inspection facilities as determined by the department.

(4) Scope and nature of inspection. The vehicle emission inspection shall consist of an OBD II inspection which indicates whether the MIL is commanded on and, if so, the DTCs causing the command.

(5) Emission standards.

(a) Vehicles that meet any of the following conditions shall fail the inspection:

The DLC is missing, has been tampered with, or is otherwise inoperable.
The MIL does not illuminate at all when the ignition key is turned to the “key on, engine off” position.
The MIL illuminates continuously or flashes when the vehicle is in the “key on, engine running “ condition, even if no DTCs are present.
A scan tool indicates that any DTCs are present and that the vehicle’s MIL status is commanded on.

(b) If the MIL is not commanded to be illuminated, the vehicle shall pass the OBD inspection, even if DTCs are present.

(6) Emission inspection.

(a) General requirements.

Vehicles shall be inspected in an as-received condition. Prior to inspection, the engine shall be operating at the manufacturer’s recommended engine idle speed without excessive smoke, at normal operating temperature, not overheating, as indicated by gauge, warning light or boiling radiator, and with all accessories off.
The vehicle shall be nearly level when inspected in order to prevent abnormal fuel distribution.
Vehicles that are designed to operate with more than one type of fuel shall be inspected on the fuel in use at the time of inspection.

(d) OBD inspection procedures.

An OBD II inspection shall be performed on all model year 1996 and newer vehicles equipped with OBD II systems. The OBD inspection shall be performed according to the procedures specified in section 85.2222 of the federal rule.
If the vehicle’s DLC cannot be located, or is located such that an inspector cannot reasonably access it during the course of a vehicle inspection, the vehicle shall receive a waiver equipment inspection as provided in s. Trans 131.05 and, pending the outcome of this inspection, be referred to a technical assistance center or other facility or inspector designated by the department to perform the functions of a technical assistance center for issuance of a technical waiver of compliance as provided in s. Trans 131.04 (1) (b).
The inspector shall connect the inspection system to the vehicle by connecting the vehicle’s DLC to the OBD II inspection system. The inspection system shall determine what readiness monitors are supported by the vehicle’s OBD II system, and perform a readiness evaluation or applicable readiness monitors in accordance with the USEPA technical guidance. If the readiness evaluation indicates that any on-board tests are not complete, the vehicle shall be rejected from inspection. Vehicles rejected because on-board tests are not complete shall be required to leave the inspection station, pursue a means of completing on-board tests, and return for inspection.
An exception is allowed for model year 1996 to model year 2000 vehicles, with 2 or fewer unset readiness monitors, and for model year 2001 and newer vehicles with no more than one unset readiness monitor. Vehicles from those model years which would otherwise pass the OBD inspection, but for the unset readiness monitors in question, may be issued a passing certificate without being required to operate the vehicle in such a way as to activate those particular readiness monitors. Vehicles from those model years with unset readiness monitors which also have DTCs stored resulting in the MIL to be commanded on shall fail the OBD inspection.
If the inspection computer system is not able to download the vehicle OBD II records, the OBD inspection shall be aborted, and the vehicle shall be reinspected with an OBD II inspection in a separate inspection facility inspection lane.
If the malfunction indicator status indicates that the MIL has been commanded to be illuminated, the inspection system shall record all DTCs resulting in MIL illumination in the vehicle inspection record.
Vehicles failing the OBD inspection may not be reregistered within the state of Wisconsin until such failing items have been repaired or replaced if necessary as required by s. 285.30 (6), Stats.

(10) Reinspections.

(a) Vehicles failing initial inspection may receive a reinspection at no additional charge under the following conditions:

The reinspection shall take place within 30 days of the initial inspection or the owner or lessee shall present satisfactory evidence that the repairs and adjustments which were performed on the vehicle could not have been made within 30 days of the initial inspection. Additionally, the vehicle shall have been repaired or adjusted according to s. 110.20, Stats., and this chapter.
The vehicle shall be accompanied by its previous vehicle inspection reports. Repair information, as completed by the person performing the repairs, shall be indicated in the space provided on the reports, unless it is reported electronically, upon performance of the repair. The completed repair section on the vehicle inspection report, or the data reported electronically, shall indicate all of the following:

a. The repairs performed as well as any recognized automotive emission repair technician recommended repairs not performed per owner’s request.

b. The name, address and telephone number of the repair facility.

c. The name of the individual who performed the repairs.

d. If available, the appropriate identification number of the recognized repair facility and technician.

The vehicle is not prohibited from inspection pursuant to sub. (11).

(b)

A vehicle that fails the OBD inspection shall be reinspected after repair provided a readiness evaluation indicates that:

a. All applicable on-board tests are complete for the component for which the vehicle failed its prior inspection, and

b. All applicable on–board tests are complete except as allowed under sub. (6) (d).

Note: For example, a catalytic monitor must be ready after a catalyst is repaired.

(c) If the vehicle passes the reinspection, the contractor shall retain all previously-issued vehicle inspection reports and issue a vehicle inspection report indicating compliance. If the vehicle does not pass the reinspection, the contractor shall issue a vehicle inspection report indicating non-compliance. If the owner or lessee requests a waiver of compliance from emission limitations, the waiver investigator shall review the request and shall either approve or deny the request in accord with s. Trans 131.04. If approved, the waiver investigator shall retain all previously-issued vehicle inspection reports, except the latest on which the waiver is indicated as granted.

(d) The following limitations on the total number of inspections performed at no additional charge shall apply for each vehicle requiring compliance with this chapter:

A vehicle may receive no more than 2 reinspections. The reinspections shall occur within 30 days of initial inspection.
If the vehicle does not meet applicable emission inspection standards, the owner or lessee may apply for a waiver of compliance from these standards in accord with s. Trans 131.04.

(e) Nonexempt vehicles may be reinspected at any time according to the voluntary inspection procedure of s. Trans 131.07.

(11) Inspection prohibited. The inspector shall refuse to perform any inspection required by this section for any vehicle if any of the following apply:

(b) The vehicle is carrying explosives or other hazardous material which is recognized as a safety hazard by the contractor.

(d) Gasoline, oil or other fluid leaks are considered a safety hazard by the contractor.

(e) The vehicle exhibits excessive idle speed, in the judgment of the contractor.

(f) The vehicle is emitting smoke in amounts greater than the limitations specified in s. NR 485.05.

(j) The vehicle is subject to a manufacturer’s recall for emission problems and the recall repair has not been performed. Vehicles for which emission-related recall notices have been issued shall have the recall repairs completed prior to submitting the vehicle for inspection. The owners or lessees of these vehicles shall present proof of compliance with the recall notice at time of inspection, unless the emission-related recall notice has been issued within 45 days prior to submitting the vehicle for inspection. This paragraph applies to vehicles for which emission-related recall notices have been issued after January 1, 1995.

(k) The vehicle operator refuses to disclose the odometer reading to the inspector.

(m) Upon a reinspection, the vehicle operator fails to provide a properly completed repair form to the inspector, unless the repair information is reported electronically, upon performance of the repair.

(n) The vehicle exhibits any condition which is recognized as a safety hazard by the contractor, or any condition that appears to the contractor as making the vehicle unsafe for inspection.

(o) Vehicles shall be rejected from inspection if a scan of the vehicle’s OBD II system reveals a “not ready” status for 3 or more readiness monitors on model year 1996 through model year 2000 vehicles, or for 2 or more readiness monitors on model year 2001 and newer vehicles, as provided in 40 CFR 85.2222 (c) (2).

(12) Reconstructed and homemade vehicles. Any nonexempt vehicle registered as reconstructed or homemade under s. 341.268, Stats., shall be inspected for compliance with requirements applicable to the model year of the vehicle as indicated on the vehicle’s registration documents, unless the owner both requests that the vehicle be inspected by engine year and provides a completed MV2588, exchanged engine certification form, to the waiver investigator. In addition, the vehicle owner shall locate the engine number on the engine for purposes of engine year verification by the waiver investigator.

(13) Vehicles with exchanged engines.

(a) A motor vehicle with an exchanged engine shall be subject to OBD II inspection compliance standards established in s. Trans 131.03 (5).

(14) Trucks and vans. All trucks and vans shall be inspected in accord with the standards applicable to the manufacturer’s GVWR as indicated either in the vehicle’s identification number or on the vehicle’s doorpost. If there is no manufacturer’s GVWR available, then the vehicle shall be inspected according to the registered GVWR as indicated on the vehicle’s entry document described in sub. (3).

(15) vehicle inspection report.

(a) The operator of each vehicle inspected shall receive a vehicle inspection report, MV 2470, at the conclusion of the inspection. The vehicle inspection report data may also be reported electronically. The inspection report, or the vehicle inspection report data reported electronically, shall indicate:

Inspection serial number.
Date of the inspection.
VIN.
Year, make and type of the vehicle.
Number of cylinders or engine displacement.
Transmission type.
Fuel type.
Present odometer reading in thousands of miles.
The results of any OBD inspection.
The final result.
Instructions indicating that the inspection report, together with the vehicle, shall be returned to any inspection station or other authorized inspection facility for reinspection to occur.
Space to indicate who repaired the vehicle, such as owner, repair facility or other private party.
Space to indicate the name, address and telephone number of the facility where repairs occurred.
Space to indicate the appropriate identification number of the recognized repair facility and technician, if available.
Space to indicate the cost of parts and labor for emission-related repair.
Space to indicate the emission-related repairs performed.
Space to indicate the emission-related repairs recommended, but not performed per owner’s request.
Advisory diagnostic information for failing vehicles.
Vehicle license number, if available.
Inspection station or other authorized inspection facility number, and inspector number if the inspection is performed by an inspector.
Emission inspection start time and the time of final emissions result determination.
GVWR.
Inspection number, such as initial, first reinspection, or subsequent reinspection number.
A statement indicating the availability of emission warranty coverage as provided in section 207 of the Clean Air Act.
A statement certifying that the inspection is performed in accordance with applicable federal regulations.
The cause for any aborted or rejected inspection.
Other information as the department may reasonably require to enable it to determine compliance with this chapter, state laws, federal laws and regulations.

(b) Each operator of a vehicle failing the inspection shall receive an inspection report supplement containing repair, reinspection and waiver application instructions, as well as information on the possible causes of failure found during the inspection.

(c) Each operator of a vehicle failing the initial inspection shall receive a list of recognized automotive emission repair technicians and recognized repair facilities by area which includes information required under s. Trans 131.15. This listing may include other consumer information useful in obtaining vehicle emission repair service.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; am. (1) (a), (2) (intro.), (a), (b), (3) (intro.), (6) (a) 1., (7) (a) to (c), r. and recr. (2) (c), (6) (b), (c), cr. (2) (d), (6) (a) 4., r. (3) (f), (7) (d), (8), (9), renum. (3) (g) to (i) to be (f) to (h), (10) and (12) to be (12) and (14) and am. all, renum. (11) to be (13) and am. (b) and (c), renum. (8), (9) and (13) to be (10), (11) and (15) and r. and recr., Register, April, 1996, No. 484, eff. 5-1-96; correction in (1) (d) and (7) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520; am. (2) (b), Register, August, 2000, No. 536, eff. 9-1-00; am. (4), (6) (b) 3., (7) (a) (intro.), (c), (9) (g), r. (6) (b) 8., (8) (g), (15) (a) 12., renum. (10) (b) to be (10) (b) 1., cr. (6) (d), (10) (b) 2., (11) (o), Register, May, 2001, No. 545, eff. 6-1-01; CR 01-121: am. (2) (a), Register March 2002 No. 555, eff. 4-1-02; CR 07-114: am. (title), (1) (a), (c), (2) (intro.) and (a), (3) (intro.), (d) and (h), (4), (6) (d) 1., 3., 5., 8. and 10., (10) (a) 2., (b) 2., (d) 2., (11) (m) to (o), (12), (13) (a), (14) and (15) (a) (intro.), 14. and 23., (b) and (c), r. and recr. (5), (6) (d) 2., r. (6) (a) 3., (b), Table 2 and (c), (d) 6., 7., and 9., (7) to (9), (10) (b) 1., (11) (a) and (g) to (i), (13) (b) to (d), (15) (a) 9. to 11. and 27. Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (title), (4), (6) (title), (a) 1., 2., 4., (d) 2., 3., 5., and 8., (10) (a) 3. and (d) 2., (11) (title), (n) and (o) and (15) (a) 1., 2., 12., 23., 24. and 29. Register December 2010 No. 660, eff. 1-1-11; 2013 Wis. Act 363: r. (11) (L), am. (15) (c) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 131.04 Waiver of compliance {#sec-trans-131.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.04}

(1) Eligibility. A vehicle which fails the initial inspection, and which after repair or adjustment, or both, again fails the inspection, shall be eligible for a waiver of compliance valid until the next required inspection of the vehicle provided the following conditions are met:

(a) For all 1996 and newer model year vehicles which have not exceeded the terms of the manufacturer’s emission performance or defect warranty coverage at the time of the scheduled emission inspection, the operator shall either present a written statement from a vehicle dealership or other manufacturer’s designated agent declaring that the vehicle is not eligible for emission control system warranty work, or present a dated invoice indicating that the vehicle has received eligible emission control system warranty work.

(b) The emission related repairs and adjustments made to the vehicle’s emission control system, including cost for parts and labor, have been performed on the vehicle within 180 days prior to renewal of annual registration or within 180 days of vehicle ownership change registration and such repairs and adjustments are indicated in the space provided on the vehicle inspection report by the person performing the repairs, unless the repair information is reported electronically, upon performance of the repair. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost, and date of purchase shall be provided to the waiver investigator.

(c)

For all vehicles which have exceeded the terms of the manufacturer’s emission performance or defect warranty coverage at the time of the scheduled emission inspection, the owner shall have emission related repairs performed on the vehicle at a recognized repair facility as defined in s. Trans 131.02 (39) or by a recognized automotive emission repair technician as defined in s. Trans 131.02 (38). The operator shall present a vehicle inspection report with the repair information section completed according to s. Trans 131.03 (13), unless it is reported electronically, upon performance of the repair. The statement shall contain the actual cost of emission related repairs performed on the vehicle including itemized costs for parts and labor. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost and date of repair shall be provided to the waiver investigator.
Proof of recognized automotive emission repair technician training shall consist of either ASE certification in level L1, or valid documentation indicating successful completion of a WISETECH course under s. Trans 131.16 or an equivalent program as determined by the department.

(d) The vehicle shall pass a waiver emission equipment inspection as described in s. Trans 131.05.

(2) Criteria. A vehicle which meets the eligibility requirements of sub. (1) may receive a waiver of compliance valid until the next required inspection of the vehicle if it meets any one of the following conditions:

(b) Technical difficulties in the manufacturer’s design or construction of the vehicle or restrictions imposed by the department on the operation of vehicles registered under s. 341.14 (1m), Stats., prevent emission inspection of the vehicle.

(c) After repairs are performed by a recognized automotive emission technician, a complete, documented, physical and functional diagnosis and inspection performed at a technical assistance center by the master automotive technician or at another facility by an inspector designated by the department to perform the functions of a technical assistance center shows that no additional emission related repairs could produce a passing result.

(d) If the owner is in compliance with the requirements set forth in s. 110.20 (13), Stats., the department shall issue a waiver of compliance as required by s. 110.20 (13), Stats.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. am. (1) (intro.), (a) and (b), (2) (intro.), (a) and (b), r. and recr. (1) (c), cr. (1) (d) and (2) (c), eff. 12-4-95; am. (1) (intro.), (a), (b), (2) (intro.), (a), (b), r. and recr. (1) (c), cr. (1) (d), (2) (c), Register, April, 1996, No. 484, eff. 5-1-96; am. (1) (intro.), Register, May, 2001, No. 545, eff. 6-1-01; CR 01-121: am. (1) (b), Register March 2002 No. 555, eff. 4-1-02; CR: 07-114: am. (1) (intro.), (a), (b) and (c) 1. and 2., r. (2) (a), cr. (2) (d) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (2) (b) and (c) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § Trans 131.05 Waiver emission equipment inspection {#sec-trans-131.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.05}

(1) Purpose. When a vehicle owner or lessee requests a waiver of compliance from emission inspection standards, the emission equipment shall be inspected by the waiver investigator. This waiver emission equipment inspection is designed to detect either tampering or disrepair on the vehicle. The waiver emission equipment inspection does not include removal or disassembly of parts except for removal of the fuel cap. The waiver investigator shall determine both the presence and proper connection, if originally equipped, of the following:

(a) A properly sized fuel filler restrictor.

(b) A properly connected catalytic converter.

(d) A proper evaporative emission control canister system.

(e) A properly connected positive crankcase ventilation system.

(f) A proper exhaust gas recirculation system.

(g) A proper air pump system.

(h) A properly installed thermostatic air cleaner system.

(i) A properly connected oxygen sensor.

(j) An operational and non-active MIL or other emission service indicator light, regardless of whether the MIL or emission service indicator light is illuminated.

(3) Consequences. Vehicles failing the waiver emission equipment inspection shall not receive a waiver of compliance or acceptance for voluntary inspection under s. Trans 131.07 until the failing emission equipment items are either repaired or replaced.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. am. (1) to (3), cr. (1) (i) and (j), eff. 12-4-95; am. (1), (2), (3), cr. (1) (i), (j), Register, April, 1996, No. 484, eff. 5-1-96; am. (1) (j), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: r. (2), am. (3) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1) (intro.) and (j) and (3) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § Trans 131.06 Inspection compliance {#sec-trans-131.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.06}

(1) Registration eligibility. To be eligible for license plate renewal or ownership change registration, collector registration, or hobbyist registration, a vehicle shall comply with one of the following:

(a) Either pass the emission inspection or receive a waiver of compliance from emission limitations.

(b) Receive a temporary exemption according to s. Trans 131.08.

(2) Evidence. Evidence of inspection compliance shall consist of one of the following:

(a) A vehicle inspection report indicating either “passed” or on which the waiver investigator has indicated “waived.”

(b) An entry on the department’s data records indicating the vehicle license number, VIN, inspection serial number, and the notation “passed”or “waived.”

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. am. (1) (intro.) and (2), r. (1) (a), renum. (1) (b) and am., eff. 12-4-95; am. (1) (intro.), (2), r. (1) (a), renum. (1) (b) to be (a) and am., cr. (1) (b), Register, April, 1996, No. 484, eff. 5-1-96; CR 10-088: am. (2) (b) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § Trans 131.07 Voluntary inspections {#sec-trans-131.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.07}

(1) Criteria. The contractor shall inspect any nonexempt vehicle presented for inspection at an inspection station or other authorized inspection facility provided:

(a) The vehicle operator provides a properly completed request for voluntary emission inspection form, obtainable from the manager at each of the emission inspection stations or at other authorized inspection facilities as determined by the department.

(b) The vehicle is not prohibited from inspection under s. Trans 131.03 (11).

(2) Effect. The voluntary presentation of a vehicle for inspection in accordance with sub. (1) shall not impose any requirement upon a vehicle owner to comply with this chapter.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. am. eff. 12-4-95; am. Register, April, 1996, No. 484, eff. 5-1-96; CR 07-114: am. (1) (intro.), (a) and (2) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1) (b) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § Trans 131.08 Letter of temporary exemption from emission inspection requirements {#sec-trans-131.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.08}

(1) Eligibility. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to either the vehicle’s absence or inoperative condition, or the owner’s or lessee’s absence or incapacity, during the 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, and inspection is not available under s. Trans 131.10, the owner or lessee may request of the department a letter of temporary exemption from the requirements of this chapter.

(2) Application. The department shall provide an application form, MVD2472, on which the vehicle owner or lessee shall state their name, permanent address, temporary address, if used, and daytime telephone number. The vehicle owner or lessee shall identify the vehicle involved, provide the reason for requesting a letter of temporary exemption, certify that the vehicle is unavailable for emission inspection, and state the date when the vehicle will again be operated within a Wisconsin county subject to the emission inspection requirements of this chapter.

(3) Issuance. Upon approval of the application by the department, a letter of temporary exemption shall be issued to the vehicle owner or lessee. Such approval letter shall allow the owner or lessee to proceed with vehicle registration renewal. As a condition of granting the letter of temporary exemption, the department shall require that the vehicle be inspected within 30 days of the date the applicant indicates that the vehicle will again be operated within a Wisconsin county subject to the emission inspection requirements of this chapter.

(4) Duration. A letter of temporary exemption shall not be valid longer than the period of registration renewal.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. am., eff. 12-4-95; am. (1) to (3), Register, April, 1996, No. 484, eff. 5-1-96; CR 01-121: am. (1), Register March 2002 No. 555, eff. 4-1-02.

Wis. Admin. Code § Trans 131.09 Temporary operating permits {#sec-trans-131.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.09}

(1) General. The department or its designated representative may issue a temporary operating permit, valid for not more than 30 days, to allow time for inspection and necessary repairs and adjustments of any vehicle subject to inspection under s. 110.20 (6), Stats. No temporary operating permit shall be issued for a vehicle with registration expired for more than 90 days.

(2) Application. The department shall provide an application form, MV2505, on which the vehicle owner or lessee shall state their name, permanent address, and daytime telephone number. The vehicle owner or lessee shall identify the vehicle involved, and provide the reason for requesting a temporary operating permit.

(3) Issuance. Upon approval of the application, the department shall issue a temporary license plate to the vehicle owner or lessee. Such plate shall contain the date of expiration. The owner or lessee shall affix the temporary license plate to the vehicle in accord with the requirements of s. 341.09 (5), Stats.

(4) Term. A temporary operating permit shall be valid for 30 days after issuance. The department may approve the application for a second or third temporary operating permit provided that application is made within 90 days of the vehicle’s registration expiration date.

History

Emerg. cr., eff. 12-4-95; cr. Register, April, 1996, No. 484, eff. 5-1-96; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520; CR 07-114: am. (3) Register June 2008 No. 630, eff. 7-1-08.

Wis. Admin. Code § Trans 131.10 Reciprocity {#sec-trans-131.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.10}

(1) Compliance. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to the vehicle’s absence from the Wisconsin inspection area during the 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, but is operating in another nonattainment area requiring vehicle emission inspections, the owner or lessee shall submit an official vehicle inspection report, or the equivalent document, from that area indicating that the vehicle has passed the emission inspection in that area.

(2) Registration eligibility. The submission of satisfactory evidence of emission inspection compliance from another nonattainment area shall allow the owner or lessee to proceed with vehicle registration renewal or to satisfy ownership change, collector, or hobbyist vehicle registration inspection requirements.

(3) Exception. When a vehicle operates in a nonattainment area which does not allow the inspection of vehicles from other nonattainment areas, the owner or lessee may apply for a temporary exemption under s. Trans 131.08.

History

Emerg. cr., eff. 12-4-95; cr. Register, April, 1996, No. 484, eff. 5-1-96; CR 01-121: am. (1), Register March 2002 No. 555, eff. 4-1-02.

Wis. Admin. Code § Trans 131.11 Audits of inspection facilities {#sec-trans-131.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.11}

(1) General. Representatives of the department or its designated agent shall conduct audits of inspection equipment, procedures, personnel and records as follows:

(a) All contractor inspection functions, including those occurring at the inspection stations, other authorized inspection facilities, technical assistance centers or other facility by an inspector designated by the department to perform the functions of a technical assistance center, and vehicles used to conduct remote sensing, shall be audited on an unscheduled basis, at a minimum, according to the frequency established in the federal rule.

(b) Scheduled audits may be performed at any time.

(c) Either the department or its agent may conduct covert audits in order to satisfy the requirements of the federal rule.

(d) Audits shall be performed according to written procedures either established or approved by the department.

(2) Equipment audits.

(c) Equipment used to perform remote sensing tests shall be audited according to written procedures either established or approved by the department.

(d) Equipment used to perform OBD inspections shall be audited according to written procedures either established or approved by the department.

(e) If equipment fails to operate within contractually specified tolerance during an overt or covert audit, the department’s quality assurance auditor shall immediately re-audit the failing equipment. If the equipment fails again, the department’s quality assurance auditor shall require the station manager to close the affected lane or other authorized inspection facility or emission inspection operation until such time as the equipment is properly repaired and documentation of corrective actions is available for review by the department.

(3) Penalties. Equipment failure shall result in the imposition of a penalty. Penalties are established in the penalty schedule section of the contract and may require that the contractor either incur liquidated damages or suspend or revoke inspector licenses, or both.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; renum. Trans 131.09 to be 131.11 and r. and recr., Register, April, 1996, No. 484, eff. 5-1-96; renum. (2) (d) to be (2) (e), cr. (2) (d), am. (3) (b), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: am. (1) (a) and (2) (e), r. (2) (a) and (b) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1) (intro.) and (a) and (2) (e) Register December 2010 No. 660, eff. 1-1-11; 2013 Wis. Act 363: renum. (3) (a) to (3), r. (3) (b) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 131.12 Equipment specifications and quality control {#sec-trans-131.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.12}

(1) General. All equipment utilized for emission inspections shall be calibrated and maintained according to the standards established in the federal rule.

(2) Specifications. Equipment used to perform OBD inspections shall meet the most current version of each of the following SAE International standards: J1850, J1962, J1978, and J1979.

(3) Quality control. All equipment used in the emission inspection process shall be maintained according to all manufacturer specifications.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; renum. Trans 131.10 to be 131.12 and r. and recr., Register, April, 1996, No. 484, eff. 5-1-96; cr. (2) (d), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: r. and recr. (2), am. (3) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (3) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § Trans 131.13 Licensing of inspectors {#sec-trans-131.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.13}

(1) Training.

(a) All contractor employees and all employees of any authorized inspection facility subcontractor who perform any official inspection functions shall have a license issued by the contractor. No person may either receive a license or have a license renewed as an inspector unless the person demonstrates to the department, by training and examination, proficiency in all of the following:

Air pollution causes and effects.
Purpose, function and goals of the inspection program.
State inspection regulations.
Inspection procedures and rationale for their design.
Emission control devices, configuration and inspection.
Inspection equipment operation and maintenance.
Quality control procedures.
Public relations.
Safety and health issues related to the inspection process.

(b) Trainees shall both pass, by a minimum of 80% correct responses, a written test and demonstrate the ability, without the assistance of another person, to conduct a proper inspection as a condition of successfully completing a licensing examination administered by a party other than the contractor.

(c) An applicant for a vehicle emissions inspection license who fails an examination for inspector shall successfully complete the applicable vehicle emissions inspector training program prior to reexamination for license.

(2) Licensing. Upon completion of training and all other licensing requirements, the contractor shall issue a photo identification badge containing the inspector’s photograph, name, unique, non-transferable inspector number and the expiration date of the inspector’s license. Training and licensing records for each employee so licensed shall be maintained both at the contractor’s headquarters and at the employee’s primary inspection station or other authorized inspection facility.

(3) Renewal. Licenses issued to vehicle emissions inspectors shall be valid for 2 years. Inspectors shall complete both refresher training and testing prior to license renewal.

(4) Auditing. Representatives of the department or its designated agent shall conduct both overt and covert, scheduled and unscheduled audits.

(5) Penalties. Failure of either the contractor or any of its employees or of any authorized inspection facility subcontractor or its employees to pass any portion of an overt or covert audit shall result in the imposition of a penalty. These penalties, established in the penalty schedule section of the contract, may require that the contractor either suspend or revoke inspector licenses or incur liquidated damages, or both.

(6) Challenge mechanism.

(a) A motorist who alleges that either an incorrect inspection occurred or that fraud or abuse influenced the results of the inspection may contest the results of that inspection by notifying the department immediately after the inspection, or as soon as possible after discovering the problem.

(b) The department’s quality assurance representative shall investigate the complaint. If the results of that investigation indicate that the inspection may have occurred incorrectly or that fraud or abuse may have influenced the results of the inspection, the department’s quality assurance representative shall arrange for a reinspection at the technical assistance center or other facility by an inspector designated by the department to perform the functions of a technical assistance center at a time convenient to all parties.

(c) Results of the technical assistance center inspection or inspection by an inspector designated by the department to perform the functions of a technical assistance center shall supersede the results of the contested station lane or other authorized inspection facility inspection.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; r. and recr. Register, April, 1996, No. 484, eff. 5-1-96; am. (1) (a) (intro.), (2), (5) (a) and (b), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: am. (1) (a) and 6., (2), (5) (a) and (b) and (6) (c) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1) (a) 4. and 6. and (6) (b) and (c) Register December 2010 No. 660, eff. 1-1-11; 2013 Wis. Act 363: renum. (5) (a) to (5), r. (5) (b) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 131.14 Remote sensing {#sec-trans-131.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.14}

(1) General. The contractor shall use remote sensing to measure the in-use vehicle emissions in any county identified under s. 110.20 (5), Stats. Any nonexempt vehicle that has passed its last emission reinspection under s. Trans 131.03 (11), and fails the remote sensing test by exceeding the remote emission standards under sub. (4), shall have an emission inspection under s. 110.20 (9) (g), Stats. Penalty for failure to comply with this section consists of suspension of vehicle registration as set forth in s. 341.63 (1) (e), Stats.

(2) When inspection required.

(a) The owner or lessee of a nonexempt vehicle that fails the remote sensing test shall have an emission inspection within 45 days of notification of a remote sensing test failure.

(b) Vehicles that fail the remote sensing test, but are scheduled to receive an emission inspection required under s. 110.20 (6), Stats., within 90 days of remote sensing test failure, or for which temporary exemptions will expire within 30 days of remote sensing test failure, shall receive notification of the remote sensing test failure but are exempt from the inspection requirements of s. 110.20 (9) (g), Stats.

(c) Vehicles that have a valid emission inspection waiver at the time of remote sensing test failure are exempt from the inspection requirements of s. 110.20 (9) (g), Stats.

(3) Scope and nature of remote sensing test. The test shall consist of using an open-path infrared sensor to measure the concentration of one or more of the following pollutants present in the vehicle’s exhaust:

(a) Hydrocarbons.

(b) Carbon monoxide.

(d) Oxides of nitrogen.

(4) Emission standards. Vehicles that exceed the standards shown in Table 1 shall fail the remote sensing test:

Note: Changes to these standards may occur either if the USEPA establishes remote sensing standards or if the department’s program evaluation indicates that modifications should occur to identify more accurately gross polluting vehicles.

(5) Vehicle inspection notice. The contractor shall mail a vehicle inspection notice to the owner or lessee of vehicles that fail a remote sensing test conducted under this section. The vehicle inspection notice shall be mailed to the owner’s or lessee’s address indicated on the department’s registration database. The vehicle inspection notice shall include all of the following:

(a) Remote sensing test serial number.

(b) Date, location and time of the remote sensing test.

(d) VIN.

(e) Emission remote sensing test results and standards for the vehicle.

(f) Instructions indicating that the report, together with the vehicle, shall be brought to any inspection station or other authorized inspection facility to receive an inspection as required under s. Trans 131.14 (2), if required.

(g) Information describing the remote sensing test.

(h) Explanation of both the legal requirements and registration penalties for failure to comply with an inspection notice.

(i) Other information that the department may decide to include to improve understanding of the remote sensing test.

(6) Remote sensing equipment specifications and maintenance.

(a) All equipment utilized for remote sensing emission measurement shall be calibrated and maintained according to the manufacturer’s specifications or as superseded by contract.

(b) Remote sensing equipment, personnel and procedures shall be subject to periodic audits by the department under s. Trans 131.11.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; r. and recr. Register, April, 1996, No. 484, eff. 5-1-96; CR 07-114: am. (1), (2) (a), (4) and (5) (f) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (3) (title) and (5) (a), (b) and (e) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § Trans 131.15 Performance monitoring of repair facilities {#sec-trans-131.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.15}

(1) General. The department, through its emission inspection contractor, shall both collect emission repair data and inform the public and automotive repair industry regarding repair efficacy.

(2) Data collection. Whenever a nonexempt vehicle receives a reinspection, the contractor shall collect the following emission repair information from the vehicle inspection report as required by s. Trans 131.03 (11):

(a) The repairs performed.

(b) Any technician recommended repairs not performed, per owner’s request.

(d) The name of the person who performed the repairs.

(e) The identification number, if available, of the recognized repair facility or recognized automotive emission repair technician, or both.

(3) Reporting.

(a) The contractor shall compile a report which includes the emission repair facility name, address, telephone number, number of vehicles submitted for reinspection, and percentages indicating the number of vehicles that have passed, failed, and received waivers after repair.

(b) Beginning in the third month of the vehicle emission inspection program, the contractor shall produce a summary report of the performance of local repair facilities that have repaired vehicles for reinspection. The report shall be provided to the motorist at the time of initial vehicle emission inspection failure. The report shall be updated on a quarterly basis.

(c) Repair facilities shall receive summary reports at least quarterly. Reports to the repair facility shall include all information made available to the public and may include reports on individual technicians if so requested by the employing repair facility.

(d) The department may include additional statistics that convey information on the relative ability of repair facilities in providing effective emission repair.

History

Emerg. cr., eff. 12-4-95; cr. Register, April, 1996, No. 484, eff. 5-1-96; CR 10-088: am. (1) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § Trans 131.16 Automotive emission repair technician training {#sec-trans-131.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.16}

(1) General. The department, in cooperation with community and technical colleges located in counties certified under s. 110.20 (5) (a), Stats., shall establish guidelines for assessing programs for automotive emission repair technician education and training available at both public and private facilities. The department shall designate programs that meet these guidelines as Wisconsin emission technician training, or WISETECH, programs. Any public or private facility offering automotive emission repair technician training may request WISETECH designation from the department.

(2) Criteria. To meet WISETECH standards, training courses shall, at a minimum, include instruction in:

(a) Diagnosis and repair of malfunctions in computer controlled close-loop vehicles.

(b) Application of emission control theory and diagnostic data to the diagnosis and repair of vehicles failing OBD inspection.

(d) General training on the various subsystems related to engine emission control.

(3) Equipment. Both private and public facilities offering WISETECH designated automotive emission repair training courses shall have available, and maintain in good working condition, tools and equipment necessary for the proper diagnosis, adjustment and repair of all nonexempt vehicles. All equipment utilized in the training courses shall be maintained according to the manufacturer’s specifications.

(4) Program recognition. Programs shall be designated as meeting WISETECH standards if in compliance with one of the following:

(a) The department approves the course curricula, equipment and facility.

(b) The training facility presents documentation that the course meets National Automotive Technician Education Foundation, Inc., standards.

(5) Technician recognition.

(a) A person successfully completing all phases of a WISETECH training program shall achieve the designation of “recognized automotive emission repair technician” as defined in s. Trans 131.02 (38).

(b) A person who satisfactorily completes a WISETECH approved automotive emission training course shall receive from the organization providing the training, an identification card which states the technician’s name, the name and location of the course, the date of completion and a WISETECH identification number.

(6) Reporting. Both private and public facilities offering WISETECH automotive emission repair training courses shall supply the department with the names of the persons registered in their course, the percentage successfully passing the course and the names and WISETECH identification numbers of those passing.

(7) Supplemental training. The department may authorize periodic supplemental training as a requirement for a person to maintain the status of WISETECH automotive emission repair technician.

(8) Quality assurance.

(a) WISETECH training programs are subject to periodic monitoring by the department or its representative to assure that courses continue to meet WISETECH standards.

(b) The department may use performance monitoring as described in s. Trans 131.15 to evaluate both the emission repair success of the technicians and the effectiveness of WISETECH designated courses.

History

Emerg. cr., eff. 12-4-95; cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (2) (b) and (c), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: am. (2) (b), (c) and (3) Register June 2008 No. 630, eff. 7-1-08.

Wis. Admin. Code § Trans 131.17 Notification of inspection requirements {#sec-trans-131.17 omnilex-key=us-wi-regs-official--agency-trans--Trans 131.17}

As part of the notification process for vehicle registration renewal under s. 341.08 (4m), Stats., or for inspection required due to ownership change registration under s. 110.20 (6) (a) 2., Stats., or for inspection required due to registration as a collector or hobbyist vehicle, the department shall include notification to vehicle owners whose vehicles either are or may be subject to the inspection requirements of this chapter.

History

Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. renum. and am., eff. 12-4-95; renum. from Trans 131.15, Register, April, 1996, No. 484, eff. 5-1-96.

Chapter Trans 132 TEMPORARY LICENSE PLATE AND PERMITS

Wis. Admin. Code § Trans 132.01 Purpose and scope {#sec-trans-132.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 132.01}

(1) Statutory authority. As authorized by ss. 85.16 (1), 227.11 and 341.09, Stats., the purpose of this chapter is to establish the department’s administrative interpretations of ss. 341.04 and 341.09, Stats., relating to issuance of temporary operation vehicle license plates and permits.

(2) Applicability. This chapter applies to any licensed Wisconsin motor vehicle dealer or contractor participating in the issuance of temporary operation plates or to any vehicle owner purchasing or obtaining a temporary operation plate from a dealer or the department.

History

Cr. Register, June, 1984, No. 342, eff. 7-1-84; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; CR 10-142: am. (1), (2) Register August 2011 No. 668, eff. 9-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 132.02 Definitions {#sec-trans-132.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 132.02}

In this chapter:

(1) “Bus” means a vehicle as defined in s. 340.01 (31) and (56), Stats.

(2) “Dealer” means a retail dealer as defined by s. 340.01 (11), Stats.

(3) “Department” means the Wisconsin department of transportation.

(4) “For hire vehicle” means a vehicle operated for compensation as described in s. 194.01 (4), Stats.

(5) “IRP vehicle” means a vehicle registered under s. 341.405, Stats., as part of the international registration plan.

(6) “Non-resident” means a vehicle owner as described in s. 340.01 (37), Stats.

(7) “Plate” or “temporary plate” or “temporary operation plate” means a temporary operation plate issued under s. 341.09, Stats., and includes either of the following:

(a) An “on-line delivered temporary operation plate,” which means a temporary operation plate issued by the department through its on-line web application for electronic vehicle title and registration, and which is delivered electronically to applicant’s printer, which printer shall produce the temporary operation plate on white paper at the conclusion of the electronic vehicle title and registration process.

(b) A “manually delivered temporary operation plate,” which means a temporary operation plate that is issued by the department and delivered to the applicant by any means other than as provided in par. (a).

(7m) “Purchase” includes lease.

(8) “Resident” means a vehicle owner who does not meet the definition of “non-resident”.

(9) “Vehicle” has the same meaning as in s. 340.01 (74), Stats., except that those vehicles as defined in subs. (1), (4) and (5) are excluded.

History

Cr. Register, June, 1984, No. 342, eff. 7-1-84; cr. (7m), Register, October, 1998, No. 514, eff. 11-1-98; CR 10-142: renum. (7) to be (7) (intro.) and am., cr. (7) (a), (b) Register August 2011 No. 668, eff. 9-1-11; corrections in (2), (4) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 132.03 Plate {#sec-trans-132.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 132.03}

A temporary operation plate issued under s. 341.09, Stats., shall be approximately 6” x 12” or, in the case of an on-line delivered temporary operation plate, shall be approximately 8.5” x 11” and shall contain:

(1) The word “Wisconsin”.

(2) A number of up to 8 characters determined by the department.

(3) The word “temporary”.

(4) The expiration date.

(5) A portion of the vehicle identification number as determined by the department.

History

Cr. Register, June, 1984, No. 342, eff. 7-1-84; correction made under s. 13.93 (2m) (b) 1., Stats., Register, August, 1996, No. 488; am. (intro.) and (3), cr. (5), Register, October, 1998, No. 514, eff. 11-1-98; CR 10-142: am. (intro.), (2) Register August 2011 No. 668, eff. 9-1-11.

Wis. Admin. Code § Trans 132.04 Plate display, usage and restrictions {#sec-trans-132.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 132.04}

(1) Plate display.

(a) As provided by s. 341.15, Stats., only a single plate shall be issued per vehicle. A manually delivered temporary operation plate shall be attached firmly and rigidly in a horizontal position to the rear of the vehicle, unless the vehicle is a truck tractor or a road tractor, as defined in s. 340.01 (53) and (73), Stats., then the plate shall be attached to the front of the vehicle. An on-line delivered temporary operation plate shall be displayed horizontally on the inside lower driver’s side of the rear window, in a manner that does not obstruct the driver’s view and is clearly readable from the outside of the vehicle.

(b) If the vehicle is equipped with a plate bracket provided by the vehicle manufacturer, a manually delivered temporary operation plate shall be affixed to the bracket. If the vehicle is not equipped with a plate bracket, a manually delivered temporary operation plate shall be conspicuously displayed as required in par. (a). If the vehicle does not allow for display of an on-line delivered temporary operation plate horizontally on the inside lower driver’s side rear window, an on-line delivered temporary operation plate shall be displayed in a location as close as possible to a lower rear window display, in a manner that is conspicuous and clearly readable from the outside of the vehicle.

(2) Usage. Use of the temporary operation plate is limited to the vehicle purchased, as evidenced by the issued receipt.

Note: Form MVD 2467 or other receipt issued by the department.

(3) Restrictions.

(a) No person may duplicate, reproduce or copy any temporary operation plate.

(b) A temporary operation plate shall be displayed as originally delivered to the applicant and may not be altered in any way.

(c) Use of the temporary operation plate does not allow a vehicle to be operated at a gross weight greater than that for which regular registration fees have been paid.

History

Cr. Register, June, 1984, No. 342, eff. 7-1-84; am. (1) (c) and (3) (a), Register, October, 1998, No. 514, eff. 11-1-98; CR 10-142: am. (1) (a) to (c), (2), (3) (a), (c), r. and recr. (3) (b) Register August 2011 No. 668, eff. 9-1-11.

Wis. Admin. Code § Trans 132.05 Distribution to dealers {#sec-trans-132.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 132.05}

(1) A dealer may obtain manually delivered temporary operation plates from the department for issuance on behalf of the department to either a resident or non–resident vehicle purchaser.

(2) A dealer may order manually delivered temporary operation plates by a written request that includes the dealer license number, phone number and dealership name and address.

History

Cr. Register, June, 1984, No. 342, eff. 7-1-84; am. (1), r. (2) and (3), renum. (4) to be (2) and am., Register, October, 1998, No. 514, eff. 11-1-98; CR 10-142: am. Register August 2011 No. 668, eff. 9-1-11.

Wis. Admin. Code § Trans 132.06 Issuance by dealers on behalf of the department to purchasers {#sec-trans-132.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 132.06}

(1) A dealer may issue a manually delivered temporary operation plate on behalf of the department at the fee established by s. 341.09 (2m) (a) 1. (intro.), Stats., to any resident or non–resident who purchases from the dealer any type of vehicle except buses, for–hire vehicles, and IRP vehicles, except as provided in sub. (2).

(2) A dealer shall issue a manually delivered temporary operation plate on behalf of the department at no charge to any resident who purchases from the dealer an automobile, station wagon or motor truck with a registered weight of 8,000 pounds or less if the dealer has received all information and money required under sub. (4).

(3) A dealer may issue a manually delivered temporary operation plate on behalf of the department at the fee established by s. 341.09 (2m) (a) 1. (intro.), Stats., to any resident who purchases an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less from a person other than the dealer if the dealer has received all information and money required under sub. (4). The dealer may collect a special handling fee of not more than $5 as provided in s. 341.09 (1) (c), Stats., if the dealer provides special assistance to the purchaser.

(4) A dealer may not issue a manually delivered temporary operation plate on behalf of the department to a resident purchaser unless the dealer receives from the purchaser a complete application for registration and title for the vehicle together with all required fees, including regular registration fees and sales tax.

(5) The dealer shall write the number of the manually delivered temporary operation plate on the application for title and registration. The dealer shall give a copy of the application form to the purchaser.

(6) For each manually delivered temporary operation plate issued on behalf of the department, the dealer shall validate and affix the plate to the vehicle purchased in the manner specified by s. Trans 132.04 (1). The manually delivered temporary operation plate is validated by legibly writing the expiration date, which shall be plainly visible, in the specified area on the plate and securing with transparent tape, by removing backing, over the stated expiration date which, under s. 341.09 (1) (a) and (4), Stats., is 30 days from delivery date for non–residents and 90 days from delivery date for residents.

(7) As provided by s. 342.16 (1), Stats., whether or not the dealer issues a manually delivered temporary operation plate on behalf of the department and receipt to the purchaser, except as provided in pars. (a) and (b), within 7 business days following sale and delivery of a vehicle to a purchaser, the dealer shall, unless exempted by the department by rule, process the application for certificate of title, and within the next business day after processing the application, mail or deliver to the department the purchaser’s original application for title and registration and all associated materials required by the department. In the case of exempted dealers and transactions and for dealer issuance of a manually delivered temporary operation plate as authorized under sub. (3), the dealer shall within 7 business days following sale and delivery of a vehicle to a purchaser mail or deliver to the department the purchaser’s title and registration application and fees and all associated materials required by the department. This section is applicable except that:

(a) Upon sale of a vehicle to a non–resident, the dealer need not process the purchaser’s application for Wisconsin title and submit to the department the purchaser’s original application for Wisconsin title and all associated materials required by the department or, in the case of exempted dealers and transactions and issuance under sub. (3), mail or deliver to the department the purchaser’s title and registration application and fees and all associated materials required by the department, unless the dealer determines that the Wisconsin title is necessary to protect the interests of a secured party.

(b) The dealer shall determine whether a title and perfection of security interest are required, and is liable for any damages as a result of the dealer’s failure to perfect a security interest of which the dealer had knowledge.

History

Cr. Register, June, 1984, No. 342, eff. 7-1-84; am. (1), renum. (2), (4) and (5) to be (4), (6) and (7) and am. (4) and (6), cr. (2) and (5), r. and recr. (3), Register, October, 1998, No. 514, eff. 11-1-98; CR 10-142: am. (title), (1) to (7) (a) Register August 2011 No. 668, eff. 9-1-11.

Wis. Admin. Code § Trans 132.07 Dealer records {#sec-trans-132.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 132.07}

(1) The dealer shall maintain for 5 years complete and accurate records of all manually delivered temporary operation plates issued by the dealer on behalf of the department, which shall be open for inspection by the department or any law enforcement official, as provided by s. 342.16 (2), Stats., in numerical order by plate number. The record keeping system may be manual or electronic. The records shall contain at a minimum the manually delivered temporary operation plate number, date of issuance, expiration date, purchaser’s name and address, fees paid, description of the vehicle, the vehicle identification number and the name of the person issuing the manually delivered temporary operation plate on behalf of the department.

(2) The dealer shall be responsible for security and accountability of manually delivered temporary operation plates obtained from the department, but not yet issued on behalf of the department to vehicle purchasers.

History

Cr. Register, June, 1984, No. 342, eff. 7-1-84; am. Register, October, 1998, No. 514, eff. 11-1-98; CR 10-142: am. Register August 2011 No. 668, eff. 9-1-11.

Wis. Admin. Code § Trans 132.08 Withdrawal of dealer issuance privilege {#sec-trans-132.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 132.08}

(1) A dealer shall have the privilege to issue manually delivered temporary operation plates on behalf of the department withdrawn and manually delivered temporary operation plates ordered by, distributed to, or in possession of a dealer shall be returned to the department under s. 341.09 (2m) (d), Stats., when the dealer:

(a) Has discontinued business or the dealer’s license has been denied, suspended or revoked.

(b) Has failed to comply with this chapter.

(2) Within 30 days after denial or issuance of an order, the dealer may request a hearing before the division of hearings and appeals under s. 341.09 (2m) (d), Stats. The dealer may not issue any manually delivered temporary operation plates on behalf of the department until the division of hearings and appeals has held its hearing and not unless the finding is in the dealer’s favor.

History

Cr. Register, June, 1984, No. 342, eff. 7-1-84; am. (2), Register, October, 1998, No. 514, eff. 11-1-98; CR 10-142: am. (1) (intro.), (2) Register August 2011 No. 668, eff. 9-1-11.

Wis. Admin. Code § Trans 132.09 Temporary operation plate for military personnel {#sec-trans-132.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 132.09}

Under s. 341.09 (3), Stats., military personnel may obtain a manually delivered temporary operation plate from the department, which shall be the manually delivered temporary operation plate described in s. Trans 132.03 (1), upon presenting to the department military leave or furlough papers. No fee may be charged for issuance of this plate.

History

Cr. Register, June, 1984, No. 342, eff. 7-1-84; renum. from Trans 132.11 and am. Register, October, 1998, No. 514, eff. 11-1-98; CR 10-142: am. Register August 2011 No. 668, eff. 9-1-11.

Wis. Admin. Code § Trans 132.10 Plate issuance by contractors {#sec-trans-132.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 132.10}

Any person contracting with the department under s. 341.21, Stats., to issue manually delivered temporary operation plates on behalf of the department under s. 341.09, Stats., shall, within 7 business days following issuance of a manually delivered temporary operation plate to an applicant, mail or deliver to the department the purchaser’s title and registration application and fees and all associated materials required by the department, and shall comply with all other provisions of this chapter applicable to dealers issuing manually delivered temporary operation plates on behalf of the department.

History

Cr. Register, June, 1984, No. 342, eff. 7-1-84; r. and recr. Register, October, 1998, No. 514, eff. 11-1-98; CR 10-142: am. Register August 2011 No. 668, eff. 9-1-11.

Chapter Trans 133 TELEPHONE AUTHORIZATION FOR QUARTERLY OR CONSECUTIVE MONTHLY REGISTRATIONS

Wis. Admin. Code § Trans 133.01 Purpose and scope {#sec-trans-133.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.01}

(1) Statutory authority. As authorized by ss. 227.11 and 341.19, Stats., the purpose of this chapter is to establish the department of transportation’s administrative interpretation of ss. 341.19 and 341.195, Stats., relating to the telephone call-in procedure to authorize the operation of vehicles and the suspension of vehicle registrations as a result of unpaid fees.

(2) Applicability. This chapter applies to any person registering vehicles, under the quarterly registration system or consecutive monthly registration system, as provided in ss. 341.30 and 341.305, Stats., using the telephone call-in authorization procedure.

Note: Owners of motor trucks or truck tractors, and certain other vehicles, registering at gross weights in excess of 8,000 pounds may select a quarterly registration option. If those vehicles are involved in specific types of operations the owner may choose a consecutive monthly registration.

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384.

Wis. Admin. Code § Trans 133.02 Definitions {#sec-trans-133.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.02}

Words and phrases defined in ch. 340, Stats., have the same meaning in this chapter unless a different definition is specified. In this chapter:

(1) “Applicant” means any vehicle owner or lessee who is required to apply for Wisconsin vehicle registration.

(3) “Department” means the Wisconsin department of transportation.

(4) “Telephone authorization” means the approval granted to the registered owner or lessee of a vehicle, through the department’s telephone call-in procedure, to operate on Wisconsin highways, without displaying evidence of registration as required by s. 341.18, Stats., and described in s. Trans 133.03.

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86; 2013 Wis. Act 363: r. (2) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 133.03 Evidence of registration {#sec-trans-133.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.03}

In accordance with s. 341.18, Stats., acceptable evidence of registration displayed on or in the vehicle shall be one of the following:

(1) A certificate of registration, a registration plate, and year tag for the current registration period; or

(2) A copy of the application for registration and title completed by a Wisconsin licensed motor vehicle dealer; or,

(3) A receipt for registration issued by the department.

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86.

Wis. Admin. Code § Trans 133.04 Telephone application requirements {#sec-trans-133.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.04}

(1) Department service schedule. Requests for telephone authorizations will be accepted by the department at any time but will be processed by the department only during the department’s regular business hours.

(2) Information required for telephone authorization. Every applicant seeking a telephone authorization shall provide the department with an adequate description of the vehicle, and any other information which the department may reasonably require, including:

(a) The name and address of the applicant;

(b) The type of vehicle;

(d) The model year of the vehicle;

(e) The vehicle identification number, license plate number or the title number of the vehicle;

(f) The gross weight;

(g) The period and type of registration being requested; and

(3) Application for registration. A telephone authorization shall not relieve the owner or lessee of the vehicle from compliance with the registration application requirements as defined in s. 341.08 (1), (2), (3) and (4), Stats.

Note: Form MV-1, application for title and registration and forms MV2 and 3, registration renewal forms.

(4) Type of registration.

(a) Applicants may utilize the telephone call-in procedure to obtain a telephone authorization for a vehicle subject to renewal of registration provided the contact is received by the department after the 15th day of the month preceding the beginning of the new period of registration.

(b) Applicants may utilize the telephone call-in procedure to apply for telephone authorization on an original registration, a reregistration, or a transfer of ownership involving registration of a vehicle.

(5) Intrastate operations. The department will accept a request for a telephone authorization from an applicant provided the vehicle is operated intrastate under quarterly or consecutive monthly registration as described in ss. 341.30 and 341.305, Stats., and not for any vehicle operated in interstate or foreign commerce as defined in s. 194.03, Stats.

(6) Multiple telephone requests. The department may decline to accept requests for more than 2 telephone authorizations during a single telephone call.

Note: This provision is intended to allow the department to free its telephone lines for use by other applicants during periods of high workloads. If the workload is low, additional requests may be accepted.

(7) Telephone costs. It is the responsibility of the applicant to pay for all telephone calls to the department to obtain or to cancel a telephone authorization.

Note: Initially, telephone calls to the department shall be tape-recorded. If the department is able to resolve questions concerning an applicant’s liability for telephone authorization fees without using tape recordings, then the department shall discontinue recording telephone calls.

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction in (2) made under s. 13.93 (2m) (b) 1., Stats., Register, August, 1996, No. 488; 2013 Wis. Act 363: am. (1), r. (2) (h) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 133.06 Cost of the telephone call-in procedure {#sec-trans-133.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.06}

(1) General. In accordance with s. 341.19 (1), Stats., the department shall charge the cost for a telephone authorization to those applicants utilizing the telephone call-in procedure.

(2) Fee.

(a) The fee, as authorized by s. 341.19 (1), Stats., is the lesser of $10.00 per vehicle or the actual cost of the telephone authorization, per vehicle, as determined by the department.

(b) The department shall establish the rate of payment for each telephone authorization based on the following factors:

The estimated annual volume of telephone contacts that will be received by the department; and
The estimated costs of operation, including employee salaries and fringe benefits, office space, office supplies and equipment, postage, computer charges, forms and other necessary expenses.

(c) The department shall begin the program by charging $10.00. Annual reviews of the rate of payment will start on April 1, 1987, and the cost, if calculated to be less than $10.00 for each telephone authorization, shall become effective 90 days after the annual review date.

(4) Telephone authorization cancellation fee. As authorized by s. 341.19 (2) (c), Stats., when the applicant requests the department to cancel a telephone authorization, the department shall charge the applicant, the lesser of $10.00 per vehicle or the actual cost of the cancellation procedure, as determined by the department.

(5) Annual review. The department shall review the fee for cancelling a telephone authorization as described in sub. (2) (c).

(6) Renewal applications. If an applicant complies with s. 341.185 (1) (b), Stats., and does not receive evidence of registration before the beginning of the registration period, the applicant may, before the beginning of the registration period, utilize the telephone authorization procedure without being assessed the fee provided for in sub. (2). If the renewal application is incomplete and prevents the department from sending evidence of registration to the applicant for display prior to the beginning of the registration period, the applicant shall be subject to the telephone authorization fees as provided in this section.

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; 2013 Wis. Act 363: r. (3) Register May 2014 No. 701, eff. 6-1-14; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register May 2014 No. 701.

Wis. Admin. Code § Trans 133.07 Invoices {#sec-trans-133.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.07}

(1) Schedule. The department shall mail a monthly invoice to any applicant that owes telephone authorization fees or cancellation fees as described in s. Trans 133.06.

(2) Content of invoices. Each invoice shall include:

(a) The date of each transaction;

(b) The department invoice date;

(d) The model year, make and identification number of each vehicle;

(e) The type of fee and amount payable to the department for each telephone authorization; and

(f) The total amount payable to the department.

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86; 2013 Wis. Act 363: am. (1) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 133.08 Cancellation of telephone authorization {#sec-trans-133.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.08}

A telephone authorization may be cancelled if the applicant requests the cancellation by telephone within 36 hours after making the request for telephone authorization and vehicle operation has not commenced. Cancellation fees will be assessed as described in s. Trans 133.06 (4).

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86; 2013 Wis. Act 363: am. Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 133.09 Grounds for refusing to grant a telephone authorization {#sec-trans-133.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.09}

Notwithstanding the requirements of this chapter, the department shall refuse to grant a telephone authorization whenever the applicant’s vehicle is exempt from registration as described in s. 341.05, Stats., or is not otherwise eligible for registration as specified in s. 341.10, Stats., or is subject to, and has failed to comply with the following provisions:

(1) Motor carrier insurance certificate requirements under ch. Trans 176;

(2) Private motor carrier lease requirements under ch. Trans 150;

(4) Vehicle suspension requirements as described in s. Trans 133.10;

(5) Traffic violation and registration program requirements under ch. Trans 128; and

(6) Registration suspensions as specified in s. 341.63, Stats.

History

Cr. register, February, 1986, No. 362, eff. 3-1-86; correction made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488; 2013 Wis. Act 363: r. (3) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 133.10 Action resulting from unpaid telephone authorization fees {#sec-trans-133.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.10}

(1) Suspension of vehicle registration. Failure to comply with any fee provision in this chapter shall result in the suspension of registration on each vehicle owned or leased by the applicant as required by s. 341.195, Stats.

(2) Length of suspension. The suspension shall continue until the department receives payment of all fees due under this chapter.

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86.

Wis. Admin. Code § Trans 133.11 Application for registration {#sec-trans-133.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.11}

Nothing in this chapter shall be construed to relieve the applicant for a telephone authorization from submitting for receipt by the department a complete application for registration, including the registration fee required under s. 341.30 or 341.305, Stats., within 72 hours from the date the department granted a telephone authorization.

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86.

Wis. Admin. Code § Trans 133.12 General conditions of telephone authorizations {#sec-trans-133.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.12}

Telephone authorizations granted pursuant to this chapter do not relieve the applicant from compliance with the provisions of the statutes, valid ordinances, and rules and regulations of any state agency or subdivision of the state, except to the extent that such statutes, ordinances and rules and regulations are modified by the provisions of this chapter.

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86.

Wis. Admin. Code § Trans 133.13 Periods of non-use {#sec-trans-133.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 133.13}

When a vehicle was last registered under s. 341.305, Stats., the applicant shall be exempt from the payment of fees for any full calendar month in which the vehicle was not used, as described in s. 341.305 (3), Stats., When a vehicle was last registered under s. 341.30, Stats., the applicant shall be exempt from the payment of fees for any full calendar quarters in which the vehicle was not operated, as described in s. 341.30 (3), Stats.

History

Cr. Register, February, 1986, No. 362, eff. 3-1-86.

Chapter Trans 134 AUTHORIZED SPECIAL GROUPS

Wis. Admin. Code § Trans 134.01 Authority and purpose {#sec-trans-134.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 134.01}

(1) As authorized by s. 341.14 (6r) (fm), Stats., the purpose of this chapter is to establish procedures for the designation of authorized special groups and the issuance or discontinuation of issuance of special group plates to members of an authorized special group including application procedures, eligibility determination procedures, license plate reservation and sale procedures and discontinuance of license plate sale procedures for groups desiring to be designated as an authorized special group under s. 341.14 (6r) (fm), Stats.

History

Cr. Register, December, 1999, No. 528, eff. 1-1-00.

Wis. Admin. Code § Trans 134.02 Definitions {#sec-trans-134.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 134.02}

The words and phrases defined in ss. 341.14 (6r), 341.01, and 340.01, Stats., have the same meaning in this chapter, in that order of priority, unless a different definition is specifically provided. In this chapter:

(2) “Department” means the department of transportation.

(3) “Special plate” means a license plate imprinted with a message for an authorized special group or a decal plate for which stickers are issued for an authorized special group.

Note: The term “authorized special group” as used in this chapter is defined in s. 341.14 (6r) (a) 1., Stats., to mean a special group enumerated in s. 341.14 (6r) (f), Stats., or designated by the department under s. 341.14 (6r) (fm), Stats.

History

Cr. Register, December, 1999, No. 528, eff. 1-1-00; CR 22-049: am. (intro.), r. (1), cr. (3) Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § Trans 134.03 Application for designation as an authorized special group {#sec-trans-134.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 134.03}

(1) Application.

(a) A group wishing to be designated as an authorized special group may apply to the department upon the form provided by the department.

(c) The application shall require that the group certify that it has obtained any necessary approvals for use of a logo or trademark to be included in the design of a special group license plate.

(d) If the group is incorporated, the application shall be accompanied by a copy of the group’s articles of incorporation and by-laws.

(e) If the group is not incorporated, the application shall be accompanied by a copy of a document setting forth the group’s purpose.

(2) Fee deposit.

(a) Along with the application, the group shall submit a deposit of $15,500 by check made payable to the department of transportation, or by another method approved by the department. If the application is not approved, the department shall return or refund the deposit to the group as provided in s. 341.14 (6r) (fm) 2. a., Stats., and this section.

Note: Currently, deposits are made by a single check payable to Wisconsin Department of Transportation.

(b) The department shall do an initial review of the group’s application, and if the application is not acceptable after the initial review, the department shall return the application and return or refund the deposit.

(c) If the group’s application is not returned to the group following the department’s initial review, the department shall deposit the funds received in the general fund and debit the appropriation under s. 20.395 (5) (cj), Stats.

(d) If the department denies the group’s application, it shall credit the appropriation under s. 20.395 (5) (cj), Stats., and refund the deposit to the group.

Note: See s. Trans 134.04 (3) and s. 341.14 (6r) (fm) 2. a., Stats.

(e) A group may withdraw its application any time before the department has approved the application. If the application is timely withdrawn by an applicant, the department shall deny the application and refund the deposit in accordance with par. (d). In order to receive a refund, a notice of withdrawal must be received by the department prior to any decision approving the application.

(g) If the group withdraws its application after the department has approved the application, the department may not issue any refund to the applicant.

Note: Refunds may only be issued if an application is denied. See s. 341.14 (6r) (fm) 2. a., Stats. To apply for designation as an authorized special group, complete Form MV2090 which can be obtained by writing to the Department of Transportation, Bureau of Vehicle Services, P.O. Box 7911, Madison, WI 53707, or online at https://wisconsindot.gov/Documents/formdocs/mv2090.pdf. Additional information about special plates may be viewed online at https://wisconsindot.gov/pages/dmv/vehicles/title-plates/special-list.aspx.

History

Cr. Register, December, 1999, No. 528, eff. 1-1-00; CR 22-049: r. (1) (b), (f), am. (2) (a) to (e), r. (2) (f), am. (2) (g) Register May 2023 No. 809, eff. 6-1-23; correction in (2) (e) made under s. 35.17, Stats., Register May 2023 No. 809.

Wis. Admin. Code § Trans 134.04 Designation of authorized special groups {#sec-trans-134.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 134.04}

(1) The department shall approve an application by a group or organization for designation as an authorized special group if all of the following conditions are met:

(a) The applicant group or organization files a complete application and all required fees with the department.

(b) The department determines that the applicant group or organization meets all of the criteria specified in s. 341.14 (6r) (fm), Stats.

(2) The department shall process applications according to the following schedule:

(a) The department shall notify the group after initial screening if the application is not acceptable and the notice shall specify why the application is not acceptable.

(d) If the department has not received additional information needed to determine eligibility within 90 days of asking for this information, the application shall be considered withdrawn and the department shall refund the deposit as provided in s. Trans 134.03 (2) (e).

(dm) Upon receiving a complete application and payment, the department shall follow the required steps set forth in s. 341.14 (6r) (fm) 1m., Stats., to determine whether there are any objections to designation of the group and, if any objections are made, to obtain a decision on approval of designation from the standing committees of each house of the legislature dealing with transportation matters. If the department receives any objections within 30 days after the date of the department’s notice under s. 341.14 (6r) (fm) 1m. a., Stats., the department shall refer the application to those standing committees.

If fewer than 61 days remain in a legislative session, the referral shall not be made sooner than the first day of the next legislative session.
If, within 14 days of a department referral of an application to the standing committees dealing with transportation matters, no chairperson of one or both of the standing committees notifies the department that one or both of the committees has scheduled a meeting for the purpose of reviewing the application, the department shall process the application as if approved by the legislature notwithstanding the objection.
If the chairperson of one or both of the standing committees dealing with transportation matters notifies the department that the committee has scheduled a meeting for the purpose of reviewing the application, the application is approved only if each standing committee to which the application was referred under s. 341.14 (6r) (fm) 1m. c., Stats., expressly approves the application.
If the express approval by each standing committee dealing with transportation matters is required, and the legislative session ends without express approval of the group plate application by each applicable standing committee, the application is not approved by the legislature and the department shall deny the application and refund any deposit in accordance with s. Trans 134.03 (2) (d).

Note: Unless modified by the legislature, the applicable standing committees are the Assembly and Senate Transportation Committees. Express approval of the standing committees is not required for approval of a special group plate following an objection. Specific approval is required only if one of the committees to which the objection is referred notifies the department within 14 days of the referral that it will hold a hearing. If either committee schedules a hearing, an application must be specifically approved by both standing committees or it is deemed denied under s. 341.14 (6r) (fm) (1m) d., Stats. Because committees terminate at the end of the legislative session, this rule prohibits the department from referring an objection to the standing committees during the final days of a legislative session. To ensure that the committees have adequate time to schedule and hold committee meetings, the department is prohibited from referring a matter to the standing committees in the last 61 days of a legislative session. Assuming a session ends on December 31 every even-numbered year, no referrals will be made from November 1 of that year until the start of the next legislative session.

(e) The department shall begin data processing work as soon as it approves the group’s application as an authorized special group. The department shall endeavor to complete data processing work within 12 months.

(f) After the department and the authorized special group agree on a plate design concept, the department shall endeavor to complete a production-ready plate design and purchase plate materials within 12 months.

(3) If the department denies an application by a group or organization, it shall return the application and deposit in the manner provided in s. Trans 134.03 (2) (d) and shall notify the group or organization of the reasons for the denial.

Note: Section 341.14 (6r) (fm) 4., Stats., provides that the decision of the department or legislature denying an application for designation as an authorized special group is final and is not subject to judicial review under ch. 227.

History

Cr. Register, December, 1999, No. 528, eff. 1-1-00; CR 22-049: renum. (1) to (1) (intro.) and am., cr. (1) (a), (b), am. (2) (a), r. (2) (b), (c), cr. (2) (dm), am. (2) (e), (f), (3) Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § Trans 134.05 Special group plate design {#sec-trans-134.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 134.05}

(1) Special group plates shall display the word “Wisconsin” and the name of the applicable authorized special group shall be displayed on the plate.

(2) A special group plate shall display a symbol representing the special group. The symbol may not exceed ¼ the width of the plate.

Note: For personalized plates, up to 6 positions are available for the desired message. Sequential plate numbering shall be as the department determines.

(3) Special group plates shall be the combination of colors specified by the department for special group plates under s. 341.14 (6r) (f), Stats., which are not military in nature and not special groups under s. 341.14 (6r) (f) 35. to 47. and 50., Stats.

(4) The department shall specify the design of special group plates for authorized special groups designated under this chapter after consulting with the chief executive officer of the group or organization or the chief executive officer’s representative regarding symbols and wording on the special group plate.

(5) The authorized special group shall pay any licensing fees related to the symbol or wording on special group plates.

History

Cr. Register, December, 1999, No. 528, eff. 1-1-00; CR 22-049: am. (2) Register May 2023 No. 809, eff. 6-1-23; CR 22-048: am. (4) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 134.06 Authorized special group license plate sales {#sec-trans-134.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 134.06}

(1) Individual plate applications.

(a) Special group plates are available for automobiles, station wagons, motor homes, motor trucks of 8,000 pounds or less, dual purpose motor homes or dual purpose farm trucks of 8,000 pounds or less, or farm trucks of 12,000 pounds or less. Special group plates may not be issued for motorcycles.

(b) License plates under this program are available only for vehicles registered for highway operation.

(c) Special group plates may not be combined with special plates for the disabled under s. 341.14 (1), (1a), (1m), or (1q), Stats., and therefore, vehicles displaying special group plates are not entitled to special parking privileges unless displaying a disabled parking identification card issued under s. 343.51, Stats.

(d) If the authorized special group applies to have restricted license plates, all of the following shall apply:

The authorized special group shall certify eligibility of license plate applicants.

Note: Certification of eligibility is generally accomplished by a representative of the group signing a verification of the person’s membership in the group as part of the person’s application for the special plate.

The authorized special group shall include in its application for designation as an authorized special group the criteria it proposes for eligibility for the restricted special license plate.
As provided in s. 341.14 (6r) (fm) 5., Stats., the authorized special group may not charge any fees, administrative or otherwise, and may not require or request any contribution from a license plate applicant to obtain eligibility certification for a special plate.

Note: Section 341.14 (6r) (fm) 5., Stats., has been repealed.

The authorized special group shall determine eligibility of the license plate applicant for initial issuance of the special group plate. After the department has issued the license plate, the department will not cancel the license plate if at some later time the license plate applicant no longer is eligible for initial issuance of the special license plate according to the authorized special group criteria.

(e) Each individual vehicle registrant who wishes to purchase a special group license plate shall submit a $15 issuance fee along with the license plate and registration application in addition to regular registration fees.

(f) Authorized special groups may apply to reserve personalized plate messages on special group plates. If a group wishes to reserve personalized plate messages, the group shall submit $15 for each reservation. The department shall search the current database and will reserve only personalized plate messages which do not duplicate any existing license plate number. If an individual vehicle registrant purchases the license plate with the reserved personalized plate message, the individual may not be charged the $15 issuance fee.

Note: The department shall have a form for application for plates of authorized special groups. The department shall develop the application form, which will be available before any license plates are available for sale. The application form shall designate for which authorized special group plate the person is applying. Forms can be obtained by writing to the Department of Transportation, Bureau of Vehicle Services, P. O. Box 7911, or by calling (608) 266-3041.

(2) General requirements. The department may not conduct any special advertising or promotion for authorized special group license plates. Any promotion shall be the responsibility of the authorized special group. Nothing in this paragraph shall prohibit the department from issuing a press release related to the plates or from including the special group plate on any website related to special group plates.

(3) Refund of fee deposit.

(a) Except as provided in ss. Trans 134.03 (2) (a) to (e) and Trans 134.04 (2) (d) and (3), the department may not refund a deposit.

Note: Statutory provisions related to the collection and remittal of voluntary fundraising amounts for groups qualifying for special plates is found at s. 341.14 (6r) (fm) 8., Stats.

(b) The first year of plate sales begins on the first date that the department accepts individual applications for plates of the authorized special group.

(4) Discontinuance of plate sales.

(a) If, at any time after 3 years from the date that special plates associated with an authorized special group are first issued under s. 341.14 (6r) (fm), Stats., there are fewer than 500 motor vehicles registered for which these special plates have been issued and are valid for the motor vehicles’ then current registration period, the department shall follow the process set forth in s. 341.14 (6r) (fm) 3m., Stats., to determine whether the authorized special group’s designation should be continued or rescinded.

Note: Section 341.14 (6r) (fm) 3m., Stats., provides:

a. If, at any time after 3 years from the date that special plates associated with an authorized special group are first issued under this paragraph, there are fewer than 500 motor vehicles registered for which these special plates have been issued and are valid for the motor vehicles’ then current registration period, the department shall give notice to the authorized special group that it will rescind its designation of the authorized special group and cease issuing special plates associated with the authorized special group unless, within one year after the date of this notice, this threshold of at least 500 currently registered vehicles displaying these special plates is met.

b. If one year elapses after the department has given notice under subd. 3m. a. and the threshold under subd. 3m. a. is still not met, the department shall rescind its designation of the authorized special group and, except as provided in subd. 3m. c., cease issuing special plates associated with the authorized special group.

c. After rescinding its designation of an authorized special group under subd. 3m. b., the department may continue issuing special plates associated with the authorized special group until the department’s inventory of these special plates is depleted and the department may continue to renew registrations of vehicles displaying these special plates and continue to collect the involuntary payment under subd. 8. a. After the department’s inventory of these special plates is depleted, the department may not accept applications for initial issuance of these special plates or issue these special plates as replacement plates but may continue to renew registrations of vehicles displaying these special plates and may continue to collect the involuntary payment under subd. 8. a. in connection with these registration renewals.

d. This subdivision does not apply to any group or organization designated by the department as an authorized special group prior to October 1, 2016.

(b) If the department discontinues sales of special group plates for an authorized special group, the department may continue to renew authorized special group plates which have already been issued.

(c) If the department rescinds designation of a group under s. 341.14 (6r) (fm) 3m. b., Stats., the department shall not replenish its supply of that group’s special plates and shall cease issuing the plates and any related decals once its supply is exhausted.

(d) If an authorized special group plate has been discontinued and the group decides to re-apply for designation as an authorized special group, the group must apply for authorized special group status following the procedure set forth in s. 341.14 (6r) (fm), Stats.

(e) The department may terminate special group authorization and plate sales at any time if it discovers that false or misleading information as to the nature of the special group was provided in the application process. If the department discontinues special group authorization, it may recall all license plates issued under this chapter, and may suspend registration of all vehicles with recalled plates, if the plates are not returned to the department.

(f) Personalized plate messages obtained under this program are subject to all department policies applicable to any personalized plate messages, and plates already issued may be recalled and registration suspended, if the plates contain messages which the department determines to carry connotations offensive to good taste or decency or which may be misleading.

Note: Decisions of the department to discontinue plate sales or to terminate authorized special group designation is final and not subject to judicial review under ch. 227 as provided in s. 341.14 (6r) (fm) 4., Stats.

History

Cr. Register, December, 1999, No. 528, eff. 1-1-00; r. and recr. (1) (d), Register, October, 2000, No. 538, eff. 11-1-00; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 22-049: r. (1) (d) 2., consol. and renum. (2) (intro.) and (a) and renum. to (2) and am., r. (2) (b), r. and recr. (3) (a), (4) (a), (c), am. (4) (d) Register May 2023 No. 809, eff. 6-1-23.

Chapter Trans 135 SCHOOL BUS OXIDATION CATALYST GRANT PROGRAM

Wis. Admin. Code § Trans 135.01 Purpose and scope {#sec-trans-135.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 135.01}

(1) Statutory authority. As authorized by s. 110.215, Stats., the purpose of this chapter is to establish the framework for a school bus oxidation catalyst grant program.

(2) Applicability. This chapter applies to diesel fuel-powered school buses customarily kept, and serving school districts, in the counties identified in s. 110.20 (5), Stats.

History

CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05.

Wis. Admin. Code § Trans 135.02 Definitions {#sec-trans-135.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 135.02}

Words and phrases defined in s. 110.20 (1), Stats., have the same meaning in this chapter unless a different definition is specified. In this chapter:

(1) “Department” means the department of transportation.

(2) “Diesel oxidation catalyst” means a device that can be permanently installed along the exhaust train of a diesel vehicle, that contains an enclosed catalyst bed over which exhaust gases pass, and that is designed to substantially reduce hydrocarbon, particulate matter and carbon monoxide emissions.

(3) “District” means a school district in one of the counties identified s. 110.20 (5), Stats.

(4) “Grant” means a grant to purchase diesel oxidation catalysts.

(5) “Grant program” means the school bus oxidation catalyst grant program described in this chapter.

(6) “School bus company” means a company that owns or leases one or more school buses that are used exclusively or primarily to transport elementary, middle or high school students to and from their schools on a routine basis throughout the school year.

(7) “Vendor” means a company that sells, either directly or through a subsidiary, diesel oxidation catalysts suitable for retrofit installation on diesel fuel powered school buses.

History

CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05.

Wis. Admin. Code § Trans 135.03 Grant program administration {#sec-trans-135.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 135.03}

(1) General. The department of natural resources shall be responsible for reviewing grant requests, awarding grants, evaluating vendor products and credentials, and issuing contracts to one or more vendors for the purpose of supplying grant recipients with diesel oxidation catalysts. The department of transportation shall be responsible for establishing the total grant program fund amount, and for providing this amount from the appropriation identified in s. 20.395 (5) (hq), Stats.

(2) Interdepartmental cooperation. The department of natural resources shall consult with the department of transportation periodically as appropriate during the administration of the grant program. The purpose of the consultations is to provide updates on expenditures and program status and, when necessary, to seek assistance on program-related issues.

History

CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05.

Wis. Admin. Code § Trans 135.04 Grant program funding {#sec-trans-135.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 135.04}

(1) Grant fund source. The grant program shall be funded using funds from the annual motor vehicle emission inspection and maintenance, or I/M, program appropriation established under s. 20.395 (5) (hq), Stats.

(2) Grant fund amount. The department of transportation shall establish a one-time, non-recurring grant fund amount sufficient to purchase 300 diesel oxidation catalysts for installation on school buses.

Note: The Department established this number through consultation with the Department of Natural Resources. The DNR determined that the lost emission reductions associated with the amendment to s. 110.20(6)(a)1, Stats., exempting two additional model year vehicles from emissions testing could be substantively offset by retrofitting 300 school buses in the program area with oxidation catalysts.

(3) Timeframes.

(a) The total grant fund amount shall be encumbered over the fewest number of fiscal years possible subject to the constraint that, in a given fiscal year, the encumbrance cannot exceed the difference between the annual I/M program appropriation and the amount committed to paying all I/M program expenses for that fiscal year.

(b) Within 30 days of May 1, 2005, the department shall notify the department of natural resources of the annual I/M program appropriation amount and the amount committed to paying all I/M program expenses for that fiscal year, and initiate the process of encumbering the difference for the grant program. This process shall be repeated at the beginning of each subsequent fiscal year until the full grant fund amount has been encumbered.

(c) Subject to the guidelines established in ss. Trans 135.05 and 135.06, the department of natural resources shall spend available grant funds as expediently as possible.

History

CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05.

Wis. Admin. Code § Trans 135.05 Vendor selection {#sec-trans-135.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 135.05}

(1) General. The department of natural resources may contract with one or more vendors to supply diesel oxidation catalysts and to install them.

(2) Selection criteria. The department of natural resources shall select vendors based on evaluation of written proposals that specify all of the following:

(a) Unit cost (cost per catalyst).

(b) Overall bid cost.

(c) Documentation of catalyst effectiveness at reducing pollutant emissions, including presentation of diesel bus-specific data.

(d) Ease of catalyst installation and operation.

(e) Catalyst compatibility with buses to be retrofitted.

(f) Whether the vendor manufactures in, or sells through, a Wisconsin-based facility.

(g) EPA retrofit technology verification, reported at www.epa.gov/otaq/retrofit/retroverifiedlist.htm.

(h) Other criteria that the department of natural resources determines are necessary to facilitate selection of the best vendors.

History

CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05.

Wis. Admin. Code § Trans 135.06 Grant recipient selection {#sec-trans-135.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 135.06}

(1) Eligibility. Grants may be issued only to school districts or school bus companies that own or lease one or more school buses routinely used to transport students to and from school in the counties identified in s. 110.20 (5), Stats. Grants may be issued only to retrofit qualifying buses that were manufactured in any of the 1999 through 2004 model years. Applicants may apply for more than one grant, but only one oxidation catalyst per vehicle is allowed under the grant program.

Note: For example, previously retrofitted buses are not eligible for further retrofit grants.

(2) Grant request process. Grant applicants shall be required to submit a grant request providing all information required by the department of natural resources. Grant requests shall be accepted throughout the year. The department of natural resources shall expeditiously evaluate requests as received. Once completed, the results of the evaluation shall be reported promptly to the applicant.

(3) Information requirements. The grant request shall include information necessary to determine how well the proposed grant will meet the program’s goals. At a minimum, the grant request shall include the following:

(a) The number of oxidation catalysts sought.

(b) The model year of each bus to be retrofitted with an oxidation catalyst.

(d) The county in which each bus operates.

(e) Any other vehicle-specific information that the department of natural resources deems to be helpful in evaluating the merits of each grant request.

(4) Grant review criteria. The department of natural resources may award grants only for the purpose of equipping school buses that are customarily kept, and serve school districts, in the counties identified in s. 110.20 (5), Stats., with oxidation catalysts. At a minimum, grant requests shall be evaluated based on the following criteria:

(a) Timeliness of grant request. This criterion does not apply to requests received within 30 days of May 1, 2005. After that date, grant request review and resultant issuance of grants shall be on a first-come, first-serve basis.

(b) Model year of buses to be retrofitted. Preference shall be given first to model year 2004 buses, then model years 2003, 2002, 2001, 2000 and 1999 buses, respectively.

(c) Usage level, with preference given to higher-capacity buses and buses that are used more intensively for transporting students.

(5) Grant amounts. Subject to fund availability and the result of the grant request review process, grant applicants may receive a grant for an amount sufficient to cover the purchase of the requested number of diesel oxidation catalysts. The department of natural resources may also, at its discretion and according to criteria established in this section, award a grant for fewer oxidation catalysts than the number requested. Grant amounts may exceed the purchase cost only for the exception established in sub. (6). Grants may not be used to pay for any vehicle operation or maintenance costs, even if the costs are associated with retrofitted oxidation catalysts.

(6) Exception. Grant applicants unable to install the diesel oxidation catalysts may request, and may receive, a grant sufficient to pay for both purchase and installation of the catalysts. Applicants under this subsection shall provide sufficient explanation of their inability to install the catalysts.

(7) Grant award conditions. Upon receiving notification of a grant, each recipient shall be required to:

(a) Sign a statement certifying that, barring unforeseen and unavoidable circumstances, for at least 5 years each retrofitted bus will comply with all of the following:

Remain in the applicant’s possession.
Operate in its current capacity as a school bus.
Operate predominantly in one or more of the counties identified in s. 110.20 (5), Stats.

(b) Sign a statement certifying that, to the extent possible, the applicant will undertake anti-idling measures for each bus on which an oxidation catalyst is installed.

(8) Reporting requirements. For each bus retrofitted under this grant program, within 90 days of the grant award date anniversary, the grant recipient to the best of its ability shall report the following information to the department of natural resources annually:

(a) Annual hours of operation.

(b) Annual miles traveled.

(d) Area in which the bus customarily transported students.

(e) The extent to which the recipient has practiced anti-idling measures over the past year.

History

CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05.

Wis. Admin. Code § Trans 135.07 Grant program termination {#sec-trans-135.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 135.07}

The department shall cease to encumber funds for the grant program as soon as the total grant fund amount has been spent or on June 30, 2008, whichever is earlier.

History

CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05.

Chapter Trans 136 MOTOR VEHICLE SALVAGE

Wis. Admin. Code § Trans 136.01 Licensing of motor vehicle salvage dealers {#sec-trans-136.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 136.01}

(1) Applications. Any person, partnership or corporation applying to the department for a motor vehicle salvage dealer’s license under s. 218.20, Stats., shall make such application on the prescribed form. Such application shall be made in the salvage business name and not in the personal name of the applicant.

(2) Transfer or discontinuance of business. When a motor vehicle salvage business is sold or otherwise discontinued, the current license for that business shall be returned immediately to the department. Any new owner of the business must submit a new license application, with the annual license fee to the department.

(3) Limited operations by dealers with no salvage yard. Salvage dealers who have no established salvage yard shall transport salvage vehicles directly to salvage yards or scrap metal processors and are prohibited from removing and selling reusable parts, except for tires, batteries and gas tanks which are normally removed prior to delivery to processors.

History

1-2-56; am. (1) Register, August, 1957, No. 20. eff. 9-1-57; am. (1) Register, September, 1963, No. 93, eff. 10-1-63; am. (1) and (2), Register, February, 1969, No. 158, eff. 3-1-69; renum. from MVD 9.01 and am. (1) and (2), cr. (3), Register, April, 1981, No. 304, eff. 5-1-81.

Wis. Admin. Code § Trans 136.02 Transfer of vehicles {#sec-trans-136.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 136.02}

(1) Certificates of title or bills of sale. Whenever a vehicle is first sold for salvage purposes to a licensed salvage dealer, such dealer shall mail the certificate of title, or bill of sale if used, to the department within 30 days. Such dealer shall clearly indicate on the title or bill of sale the words “JUNKED BY” and the name of the salvage dealer. Subsequent sales of salvage vehicles between licensed salvage dealers shall be by bill of sale only and a copy shall be retained by the selling and purchasing dealer.

(2) Bills of sale.

(a) If a salvage dealer purchases a vehicle for salvage purposes and the seller is unable to furnish proper certificate of title, the salvage dealer shall, as a condition of purchase, require the seller to complete and furnish a bill of sale on such form as prescribed in par. (c).

(b) If a salvage dealer purchases a vehicle for salvage purposes and subsequently resells the entire vehicle, the salvage dealer shall furnish a bill of sale on such form as prescribed in par. (c).

(c) Bills of sale shall contain all information as prescribed on a form provided by the department, a sample copy of which is provided below:

History

1-2-56; am. (1) Register, August, 1957, No. 20, eff. 9-1-57; am. (1) Register, September, 1963, No. 93, eff. 10-1-63; am. (1) and (2), Register, February, 1969, No. 158, eff. 3-1-69; renum. from MVD 9.02 and am. (1), r. and recr. (2), Register, April, 1981, No. 304, eff. 5-1-81.

Wis. Admin. Code § Trans 136.03 Record keeping {#sec-trans-136.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 136.03}

(1)

(a) The following information shall be kept on motor vehicles acquired for salvage purposes:

Date of acquisition of the vehicle.
Name and address of the person from whom the vehicle was acquired.
The year, make and vehicle identification number, or VIN, of the vehicle.
The date the title or bill of sale is forwarded to the department.

(b) Persons requiring a license who do not maintain their records in an electronic data processing record keeping system shall maintain the information required in sub. (1) (a) in a permanently bound book of not less than 81⁄2″ × 11″ in size, containing consecutively prenumbered pages with horizontal line ruling. Initial purchase entries shall be made immediately as each vehicle is acquired. When the title or bill of sale is forwarded to the department, the date shall be entered on the same line. All entries shall be consecutively entered in ink and be legible. No blank horizontal lines will be allowed. Vertical dividing lines shall be provided, and may be manually drawn, to divide the following information as shown:

(c) Persons requiring a license who maintain their records in an electronic data processing record keeping system shall maintain the information required in par. (a) in compliance with the following requirements:

One record shall contain all of the information specified in par. (a).
Initial purchase entries shall be made immediately as each vehicle is acquired.
The information shall be accessible for inspection and shall be retrievable electronically by the date acquired and VIN.
All records shall be retrievable during the inspection and a printer shall be kept on site to provide hard copy if requested. Hard copy shall include all information in the same format specified in par. (b). Horizontal and vertical lines are not required.
There is an employe of the person requiring a license available to retrieve the records during the hours of operation of the business.

(d) Records of odometer and odometer chip sales and exchanges shall be kept as required by s. Trans 154.12 (4).

(2) Retention and availability for inspection. The information specified in sub. (1) (a) shall be maintained for 5 years, shall be kept in the place of business during business hours and shall be open to inspection by any authorized representative of the department. Persons requiring a license who maintain their used vehicle records as specified in sub. (1) (c) in an electronic data processing record keeping system can keep a hard copy of their records when memory limitations of the electronic system prohibit electronic storage for the specified period. Hard copy shall meet the following requirements:

(a) Hard copy shall include only those records of vehicles that have been disposed of. Incomplete records of vehicles acquired and still in inventory must be maintained on the electronic system until disposed of and the record is completed.

(b) Hard copy shall include all information in the same format as specified in sub. (1) (b). Horizontal and vertical line ruling shall not be required.

(c) Hard copy shall be printed in the order of the date acquired and each report shall contain at least 12 consecutive months of vehicle acquisitions.

(d) Hard copy shall contain system generated page numbers and the current date on every page.

History

1-2-56; am. (2) Register, February, 1969, No. 158, eff. 3-1-69; renum. from MVD 9.03 and am., Register, April, 1981, No. 304, eff. 5-1-81; renum. (1) to be (1) (b) and am., cr. (1) (a), (c) and (d), (2) (a) to (d), am. (2), Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Trans 136.04 Combination salvage—motor vehicle dealer operations {#sec-trans-136.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 136.04}

(1) The following physical separation and sign requirements apply only to combination salvage-motor vehicle dealer operations at the same business location.

(2) “Physical separation” as required by s. 218.22 (5), Stats., means a physical separation by natural barrier, fence or wall, so designed that a vehicle may not enter. Issuance of license is subject to approval by the department after inspection by one of its agents.

(3) Where the physical separation is by natural barrier, including plantings of trees or shrubs, such barrier shall be not less than 4 feet in height.

(4) Where the physical separation is by fence or wall, or a combination thereof, such barrier shall be constructed of rigid durable material and shall be not less than 4 feet in height.

(5) The salvage yard area may be connected with the motor vehicle dealer area by means of gates or doors to be kept closed except when moving salvage vehicles or used parts into or from the salvage area. Any gate or door shall meet the construction specifications noted in sub. (4).

(6) To further identify the salvage yard, a sign shall be prominently displayed near the principal point of entrance to the salvage yard. Such sign shall be not less than 24″ × 48″, shall state “Salvage Yard” and shall be plainly visible.

History

Cr. Register, April 1981, No. 304, eff. 5-1-81; reprinted to correct error in (6), Register, February, 1997, No. 494.

Chapter Trans 137 MOTOR VEHICLE MANUFACTURER’S LICENSES

Wis. Admin. Code § Trans 137.01 Purpose {#sec-trans-137.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 137.01}

The purpose of this chapter is:

(1) To establish the administrative interpretation of the terms“manufacturer” as used in s. 218.0101 (20), Stats., and “new motor vehicle” as used in s. 218.0116 (1) (n), Stats., for the purposes of determining whether persons who are engaged in modifying or converting previously assembled or manufactured motor vehicles are eligible for motor vehicle manufacturer’s licenses and are thereby authorized to issue certificates of dealer appointment for motor vehicle dealer licensing purposes under s. 218.0114 (6), Stats., and implementing the enforcement of s. 218.0116 (1) (n), Stats.; and

(2) To prescribe procedures for issuing manufacturer’s statements of origin (MSO’s) and the titling and registration of modified or converted vehicles and of vehicles assembled or manufactured by final stage manufacturers.

History

Emerg. cr. eff. 4-7-77; cr. Register, November, 1977, No. 263, eff. 12-l-77; renum. from MVD 27.01, Register, July, 1980, No. 295, eff. 8-1-80; corrections in (1) made under s. 13.92 (4) (b) 7., Stats., Register August 2008 No. 632.

Wis. Admin. Code § Trans 137.02 Applicability {#sec-trans-137.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 137.02}

The provisions of this chapter relating to eligibility for motor vehicle manufacturer’s licenses and motor vehicle dealers’ licenses for the sale or distribution of new motor vehicles shall apply to all such licenses issued on or after December 1, 1977 and shall apply to any renewal of any such license that was issued prior to December 1, 1977.

History

Emerg. cr. eff. 4-7-77; cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 27.02, Register, July, 1980, No. 295, eff. 8-1-80; correction made under s. 13.93 (2m) (b) 14., Stats., Register, December, 1987, No. 384.

Wis. Admin. Code § Trans 137.03 Definitions {#sec-trans-137.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 137.03}

In this chapter:

(1) “Complete motor vehicle” means a motor vehicle that requires no further manufacturing or assembly operations, other than the addition of readily attachable components such as mirrors, seats, or tire or rim assemblies, or minor finishing operations such as painting, to be legally operable on a public highway for the purpose of transporting persons or property. The term does not include a chassis unit with or without cab intended for completion as a motor home or as a motor truck with permanently installed equipment designed for nontransportation purposes such as, but not limited to, cranes, backhoes and the like.

(2) “Converter” means any person engaged in modifying or converting previously assembled or manufactured complete motor vehicles.

(3) “Final stage manufacturer” means a person who performs such manufacturing operations on an incomplete vehicle that it becomes a complete vehicle and who owns the completed vehicle.

(4) “Major manufacturing alteration” means:

(a) Any alteration or modification that substantially changes the original configuration, structure or specifications of basic components of a previously assembled or manufactured complete motor vehicle.

(b) The term also includes the permanent installation of special equipment designed for ambulance or mortuary purposes or for transportation of individuals with physical disabilities confined to wheelchairs.

(d) The term does not include alterations involving only:

The addition, substitution, or removal of readily attachable components such as mirrors, seats, or tire or rim assemblies;
Minor finishing operations such as painting, carpeting or other decorative trimming;
Installation of windows or skylights;
Installation in a vehicle, other than a motor home, of bed frames, cabinets, televisions, sound reproduction systems or other interior appliances designed for accommodating passengers;
Roof extensions; or
Any combination of alterations enumerated in subds. 1. to 5.

(5) “Manufacturing” as applied to a converter means the installation on a previously assembled or manufactured complete vehicle of a special body or equipment that when installed forms an integral part of the motor vehicle and constitutes a major manufacturing alteration.

(6) “Motor home” means a motor vehicle designed to provide temporary living quarters built into as an integral part of, or permanently attached to a self-propelled motor vehicle chassis or van. In addition to sleeping and dining facilities, the vehicle must contain permanently installed independent life support systems that provide at least 4 of the following facilities:

(a) A potable water supply system including plumbing, a faucet and a sink, designed as either self-contained or to be connected with an external water supply, or both;

(b) Permanently installed cooking facilities;

(d) A permanently installed self-contained toilet;

(e) A permanently installed 110-125 volt electrical power supply or L.P. gas supply or both; and

(f) A permanently installed heating or air conditioning system, or both.

(7) “New motor vehicle” for purposes of this chapter and enforcement of s. 218.0116 (1) (n), Stats., means any motor vehicle other than a used motor vehicle as defined in sub. (9).

(8) “Privately titled” means a vehicle titled by a person who acquired a vehicle through a bona fide sales transaction in which the person gave substantial value to acquire ownership of the vehicle for purposes other than lease, rental or resale and who is not a motor vehicle manufacturer, final stage manufacturer, converter, distributor, wholesaler, dealer, fleet owner or lease or rental company.

(8m) “Title” means certificate of title issued by the Wisconsin department of transportation under ch. 342, Stats., or by another state in conformity with its applicable law, as evidence of ownership of a specific vehicle.

(9) “Used motor vehicle” means:

(a) Any motor vehicle which has been privately titled, or

(b) Any motor vehicle which has not been privately titled, but:

Has been operated more than 6,000 miles, or
Has been operated more than 4,000 cumulative miles, and owned more than 120 days by the licensee currently offering the vehicle for sale, or
Has sustained damage while in-transit and has been acquired by the motor carrier from the motor vehicle manufacturer because of the liability agreement between the manufacturer and carrier, or has sustained damage while being operated under a rental agreement as defined in s. 344.57 (5), Stats., or a lease agreement under ch. 429, Stats., or
Is of a previous model year. A vehicle shall be considered to be a previous model year after December 31 of the calendar year identical to the manufacturer’s designated model year.

Note: To clarify subd. 4., a 1985 model year vehicle may be offered for sale and sold by any motor vehicle dealer after December 31, 1985.

History

Emerg. cr. eff. 4-7-77; cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 27.03 and am. (4) (d) 5. and 6., (5) and (6), Register, July, 1980, No. 295, eff. 8-1-80; am. (7), Register, December, 1982, No. 324, eff. 1-1-83; am. (7), (8) and (9), Register, August, 1985, No. 356 eff. 9-1-85; CR 08-029: cr. (8m), am. (9) (b) 3. Register August 2008 No. 632, eff. 9-1-08; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register August 2008 No. 632; CR 22-048: am. (4) (b) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 137.04 Issuance of motor vehicle manufacturer’s licenses to converters {#sec-trans-137.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 137.04}

(1) A converter is eligible for a motor vehicle manufacturer’s license only if the converter is engaged in manufacturing as defined in s. Trans 137.03 (5) and the converter owns the completed unit on which the converter’s manufacturing operations were performed.

(2) A converter is not required to possess a valid motor vehicle manufacturer’s license in order to perform manufacturing operations on motor vehicles owned by another manufacturer, distributor, licensed dealer or other person.

History

Emerg. cr. eff. 4-7-77; cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 27.04 and am. (1), Register, July, 1980, No. 295, eff. 8-1-80.

Wis. Admin. Code § Trans 137.05 Issuance of motor vehicle wholesaler’s licenses to converters {#sec-trans-137.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 137.05}

(1) A converter is eligible for a motor vehicle wholesaler’s license if:

(a) The converter modifies or converts new complete motor vehicles;

(b) The conversion work does not constitute manufacturing as defined in s. Trans 137.03 (5); and

(2) A converter operating under a valid motor vehicle wholesaler’s license may:

(a) Be assigned and may reassign original MSOs; and

(b) Operate the converted vehicles on a public highway with distributor plates assigned to the converter.

(3) A converter operating under a valid motor vehicle wholesaler’s license may not:

(a) Engage in retail sales of the vehicles without a motor vehicle dealer’s license and without being franchised by the original manufacturer to sell new motor vehicles of that type and make;

(b) Issue its own manufacturer’s statements of origin; or

(c) Appoint as its own franchised dealers any dealer that is not already franchised to sell new motor vehicles of the same make and type as the converted vehicle.

History

Emerg. cr. eff. 4-7-77; cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 27.05 and am. (1) (b), Register, July, 1980, No. 295, eff. 8-1-80; reprinted to restore dropped copy, Register, April, 1984, No. 340.

Wis. Admin. Code § Trans 137.06 Titling and registration procedures {#sec-trans-137.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 137.06}

(1)

(a) New motor vehicles that are modified or converted under a valid motor vehicle manufacturer’s license shall be initially titled and registered with the vehicle name assigned by the converter-manufacturer and identification number assigned by the chassis manufacturer. The department may also include on the certificate of title such information relating to the identity of the vehicle as it deems necessary to protect the interest of the buying public and to assist law enforcement agencies. The converter shall issue a secondary manufacturer’s statement of origin (MSO) and shall assign the MSO to its own franchised motor vehicle dealer offering the converted vehicle for sale to retail purchasers.

(b) The department shall also require the filing of the original MSO issued by the primary manufacturer as a prerequisite to titling and registration of converted vehicles.

(2) New motor vehicles that are not modified or converted under a valid motor vehicle manufacturer’s license shall be initially titled and registered with the vehicle name assigned by the original manufacturer and identification number assigned by the chassis manufacturer. The department may also include on the certificate of title such information relating to the identity of the converter as it deems necessary to protect the interests of the buying public and to assist the law enforcement agencies.

(3) New motor vehicles that are manufactured or assembled by a final stage manufacturer under a valid motor vehicle manufacturer’s license shall be initially titled and registered with the vehicle name assigned by the final stage manufacturer and identification number assigned by the chassis manufacturer. The department may also include on the certificate of title such information relating to the identity of the original manufacturer as it deems necessary to protect the interests of the buying public and to assist law enforcement agencies.

(4) Used motor vehicles that are modified or converted under a valid motor vehicle manufacturer’s license and modified or converted used vehicles, such as semi-trailers, that are required to be registered by law, shall be initially titled and registered with the vehicle name assigned by the converter-manufacturer and identification number assigned by the chassis manufacturer. The department shall also require information relating to the converted vehicle’s previous title and registration, including the vehicle’s original vehicle name and vehicle identification number, and shall include such information on the title certificate and in the registration files.

(5) No later than with the 1981 model vehicles, secondary manufacturer’s statement of origin shall also include:

(a) Either the month and year of chassis assembly or the chassis year model, if different from the year model of the finished vehicle as designated by the converter-manufacturer or final stage manufacturer.

(b) For each motor home, a statement that in addition to sleeping and dining facilities, the vehicle is equipped with at least 4 of the 6 life support systems enumerated in s. Trans 137.03 (6).

History

Emerg. cr. eff. 4-7-77; cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 27.06 and am. (1), (3) and (4), cr. (5), Register, July, 1980, No. 295, eff. 8-1-80.

Chapter Trans 138 DEALER FACILITIES, RECORDS, AND LICENSES

Wis. Admin. Code § Trans 138.01 Authority, purpose and scope {#sec-trans-138.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.01}

(1) As authorized by ss. 85.16 (1), 218.0152, and 227.11 (2), Stats., the purpose of this chapter is to interpret ss. 218.0101 (6) and (23) (a), 218.0114 (14) (a), 218.0116 (1) (om), (3), and (5), 218.0119, 218.0146, 218.30, 218.32 (2) and (4) (c), 227.51 (2), 341.51 (3), and 342.16 (2), Stats., relating to the activities defining a motor vehicle dealer, wholesale dealer, and motor vehicle auction dealer, and exceptions thereto; the records and facilities required of such dealers; and the business activities of motor vehicle dealers during or after suspensions, revocations, denials or voluntary surrenders of licenses.

(2) This chapter pertains to any person applying for or holding a Wisconsin motor vehicle dealer, motor vehicle wholesale dealer, or motor vehicle auction dealer license.

(2m) This chapter applies to any dealer or salesperson who sells or leases a vehicle to a person within the state of Wisconsin and delivers the vehicle within the boundaries of this state notwithstanding any contractual agreement between the dealer or salesperson and the person to the contrary.

(3) One purpose of this chapter is to interpret the definition of a motor vehicle dealer found in s. 218.0101, Stats., and that section’s requirement that all motor vehicle dealers be licensed. The definition of a dealer is intended to cover a broad range of business activities relating to the sale of motor vehicles, yet it is also designed to give limited exemptions and thus ensure flexibility for individuals and businesses who wish to dispose of their private vehicles and provide advertising or other general business services to dealers.

History

Cr. Register, July, 1981, No. 307, eff. 8-1-81; am. (1) and (2), Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; am. (1), cr. (3), Register, June, 1991, No. 426, eff. 7-1-91; CR 99-135: cr. (2m) Register February 2004 No. 578, eff. 3-1-04; corrections in (1) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004 No. 578.

Wis. Admin. Code § Trans 138.02 Definitions {#sec-trans-138.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.02}

Words and phrases defined in ch. 218, Stats., have the same meaning in this chapter unless additional interpretations are specified.

(1) “Auction dealer” means a person who for compensation takes possession, whether through consignment or bailment or any other arrangement, of a motor vehicle owned by a motor vehicle dealer and offers it for sale at an auction open only to motor vehicle dealers or wholesalers.

(2) “Compensation” means commission, money, goods, services, or other thing of value. The term includes any increase in the value or attractiveness of membership, affiliation, or employment with a club, association, corporation, government agency, or other organization.

(2m) “Day” means calendar day, unless otherwise stated in this chapter. The provisions of s. 990.001 (4), Stats., apply to calculations of time under this chapter, except that a legal holiday shall be counted as a day if the dealer is open for business.

(3) “Department” means the Wisconsin department of transportation.

(4) “Incidental sales” mean sales of motor vehicles incidental to their owner’s primary business activities. Vehicle sales are incidental to their owner’s primary business activities if the owner provides a service, manufactures a product, or is engaged in some other clearly identifiable business activity which is demonstrably distinct from the sale of motor vehicles or their lease with an option of purchase; and if the vehicles are purchased and used primarily to serve the transportation needs of the owner’s business or its employees in their work.

(5) “Lease with the option of purchase” means to rent or lease a vehicle to a person with an option or right to buy the vehicle, whether or not the option or right to purchase is described in the rental or leasing contract. The term includes offering contracts to prospective lessees.

(5g) “Motor vehicle dealer” or “dealer” has the meaning provided in s. 218.0101 (23) (a), Stats.

(5r) “Motor vehicle salesperson” or “salesperson” has the meaning provided in s. 218.0101 (24), Stats.

(6) “Negotiate a sale or exchange of an interest in motor vehicles” means any bargaining by a person other than a prospective retail buyer over the terms of a motor vehicle sale, exchange, or lease with an option of purchase. The term includes establishing or offering to establish agreements with dealers or other vehicle owners concerning the conditions under which the owners may sell their vehicles or lease them with an option of purchase to any person or group of persons. Such conditions may include vehicle prices or discounts, formulas for determining prices, or criteria for determining a consumer’s eligibility for these or other conditions of sale.

(6m) “Pay-off” means the outstanding balance of any note or loan secured by a lien on a vehicle, or in the case of a leased vehicle, the lease buy out.

(7) “Perfect or case bound” means a book that is permanently bound by gluing, stitching or both.

(8) “Privately titled” means a vehicle owned by a person who acquired the vehicle through a bona fide sales transaction in which anything of substantial value was exchanged to acquire ownership of the vehicle for purposes other than lease, rental or resale, and the person is not a motor vehicle manufacturer, final stage manufacturer, converter, distributor, wholesaler, motor vehicle dealer, auction dealer, or leasing or rental company.

(9) “Retail auctioneer” means a person who for compensation takes possession of a motor vehicle owned by another person, whether through consignment or bailment or any other arrangement, and offers the vehicle for sale to retail buyers by auction.

(10) “Sell” means to transfer or offer to transfer ownership of a motor vehicle for compensation, whether or not the person executing or offering to execute the transfer owns the vehicle. Selling includes all of the following:

(a) Displaying, depicting, or describing the vehicle to potential purchasers and indicating by any means that the person is willing to sell the vehicle or accept an order for the vehicle’s future sale or the sale of a similar vehicle.

(b) Executing or offering to execute a lease with a requirement that the lessee purchase the vehicle.

(c) Accepting or negotiating an order to purchase a vehicle placed by fax, telephone, the Internet, mail or some other means with a person within this state, if the vehicle purchased as a result of the order is delivered to the purchaser at a location within this state.

Note: This definition of “selling” includes the activities of consignment dealers, who may display vehicles and negotiate sales on behalf of the vehicles’ owners.

(11)

(a) “Services aiding the sale” of motor vehicles means describing or displaying specific vehicles or representing the conditions under which they are available for sale or lease with an option of purchase to prospective buyers or lessors. These services may include advertising, displaying vehicles, or soliciting bids on vehicles available for sale or lease with an option of purchase.

(b) The services in par. (a) do not include providing general advice or information to prospective buyers, sellers, lessors, or lessees on issues concerning the buying, selling, or leasing of motor vehicles, provided the information does not include representations of specific vehicles available for sale or lease with an option of purchase.

(c) The services in par. (a) do not include a financial institution offering, negotiating, or consummating a motor vehicle loan.

(11m) “Title” means certificate of title issued by the Wisconsin department of transportation under ch. 342, Stats., or by another state in conformity with its applicable law, as evidence of ownership of a specific vehicle.

(12) “Titled owner” means the person named as the owner on the face of the most recent certificate of title issued for the vehicle. The term does not include a person named in a reassignment of the title.

(13) “Used motor vehicle” has the same meaning as in s. Trans 137.03 (9).

(13m) “Valid motor vehicle buyer license” means a written authorization issued by the department that authorizes the holder to bid on or to purchase at a motor vehicle auction dealer, to an applicant that meets the requirements under s. Trans 138.0225.

(13r) “Motor vehicle buyer” has the meaning provided in s. 218.0101 (22m), Stats.

(14) “Wholesaler” or “wholesale dealer” means a person, other than a licensed motor vehicle dealer or licensed motor vehicle auction dealer, who does any one of the following:

(a) Sells more than 5 used motor vehicles in any 12 month period to motor vehicle dealers, other wholesalers, motor vehicle auction dealers or salvage dealers;

(b) Purchases used motor vehicles at a motor vehicle auction dealer; or,

(c) Purchases used motor vehicles on behalf of motor vehicle dealers, unless the person buying the vehicles satisfies both the following conditions:

The person is employed by and receives compensation from one and only one dealer for services related to the sale or purchase of motor vehicles; and
The person conducts all financial transactions involving the sale or purchase of motor vehicles in the name of the employing dealer, under the dealer’s supervision, and using the dealer’s funds and financial accounts.

History

Cr. Register, July, 1981, No. 307, eff. 8-1-81; cr. (intro.), (1), (2), (4) to (6) and (8) to (14), renum. (1) and (2) to be (3) and (7), Register, June, 1991, No. 426, eff. 7-1-91; CR 99-135: cr. (2m), (5g), (5r) and (6m), am. (10) Register February 2004 No. 578, eff. 3-1-04; CR 08-029: cr. (11m) Register August 2008 No. 632, eff. 9-1-08; EmR2305: emerg. cr. (13m), eff. 4-21-23; CR 23-014: cr. (13m), (13r) Register April 2024 No. 820, eff. 5-1-24; correction in (13r) made under s. 35.17, Stats., Register April 2024 No. 820.

Wis. Admin. Code § Trans 138.0225 License requirements {#sec-trans-138.0225 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.0225}

(1) Only persons specified in s. 218.34 (1) (a), Stats., may bid on or purchase motor vehicles at motor vehicle auction dealers. A motor vehicle buyer shall carry his or her license when engaged in business and display the license upon request.

(1m) Applicants for a valid motor vehicle buyer license must be at least 18-years-old and an employee of a licensed motor vehicle dealer, as evidenced by a copy of the sponsoring dealer’s license certificate issued by the appropriate regulatory authority.

Note: A person may obtain the motor vehicle buyer’s license application form MV2941 through the department’s website or by contacting the department at the following address: Wisconsin Department of Transportation, Dealer and Agent Section, P.O. Box 7909, Madison WI 52707-7909.

(2) A motor vehicle buyer license is not valid until the department receives a complete application with applicable fees for the license on a form specified by the department, the department approves the application in a manner determined by the department, and the department issues a license to the applicant.

(3) The effective period of a valid motor vehicle buyer license begins when the department issues the license. A valid motor vehicle buyer license sponsored by a Wisconsin dealer expires on the same date as the sponsoring motor vehicle dealer license. A motor vehicle buyer license sponsored by an out-of-state dealership expires on the same date as the out-of-state dealer license or 12 months from the date the department issues the license, whichever is sooner.

(4) A person must have a separate motor vehicle buyer license for each employer, and application signed by each dealer, if buying for more than one employer.

(5) Any person whose valid motor vehicle buyer license expires may renew their license in the manner specified by this section.

History

EmR2305: emerg. cr., eff. 4-21-23; CR 23-014: cr. Register April 2024 No. 820, eff. 5-1-24; corrections in (5) made under s. 13.92. (4) (b) 7. and s. 35.17, Stats., Register April 2024 No. 820.

Wis. Admin. Code § Trans 138.025 Motor vehicle dealer license required; exceptions {#sec-trans-138.025 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.025}

(1) Dealers. Except as provided in sub. (2), any person engaging wholly or partly in the business of selling motor vehicles or exchanging, buying, leasing, providing services aiding the sale of motor vehicles, offering or attempting to negotiate a sale or exchange of an interest in motor vehicles, whether or not such vehicles are owned by such person, without first obtaining and maintaining a valid license under ss. 218.0101 to 218.0163, Stats., violates s. 218.0114, Stats.

Note: Examples of motor vehicle dealers include businesses that sell vehicles from their own inventories, persons who sell vehicles on consignment, and “buying clubs” or others who negotiate terms of sale in behalf of consumers or dealers, such as a membership organization which arranges special discounts for its members with dealers. Arranging such discounts constitutes “offering or attempting to negotiate a sale or exchange of an interest in motor vehicles for compensation,” which is part of the statutory definition of a dealer. “Compensation” includes increasing the value of membership or affiliation with a club or association.

(2) Exemptions. The following persons are not required to hold a motor vehicle dealer license and, except as provided in this subsection, are exempt from the provisions of this chapter and ss. 218.0101 to 218.0163, Stats.

(a) Express statutory exclusions. Any person described in s. 218.0101 (23) (b), Stats.

(b) Limited private sales. Any person who sells or who offers or attempts to negotiate a sale of 5 or fewer used motor vehicles during a 12 month period, provided that the vehicles are privately titled to that person.

(c) Auxiliary business services. A person who provides services to prospective sellers or buyers which aid the sale of motor vehicles if and only if the service provider’s compensation is determined prior to, and is completely independent of, the sale of any motor vehicle.

Note: This exemption is primarily intended to allow advertising companies, newspapers, magazine publishers, property lessors, and others to provide their usual business services to dealers without having to be licensed as dealers themselves, even though their services or activities may encourage or facilitate vehicle sales.

(d) Retail disposal of vehicles by business fleet owners. A corporation, firm, association, partnership, or other business that sells its own used motor vehicles to retail buyers, provided that all of the vehicles are privately titled to the seller; and that all the vehicle sales are incidental.

Note: This exemption allows fleet owners to sell off their surplus property to retail customers without getting a dealer license. It does not apply, however, to companies which lease, rent or manufacture motor vehicles since their vehicles are not privately titled.

(e) Wholesale disposal of vehicles by business fleet owner. A corporation, firm, association, partnership, or other business that sells its own used motor vehicles, provided that all sales are made to licensed motor vehicle, wholesale, motor vehicle auction, or salvage dealers; and that all vehicle sales are incidental.

(f) Exempt auction services. A retail auctioneer in compliance with s. Trans 138.028.

(g) Licensed wholesalers. A wholesaler in compliance with s. Trans 138.027.

(h) Licensed salespersons. A motor vehicle salesperson licensed in accordance with s. 218.0114 (1), Stats., and acting within the scope of the salesperson’s employment with a licensed dealer.

History

Cr. Register, June, 1991, No. 426, eff. 7-1-91; corrections in (1), (2) (intro.), (a), and (h) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004 No. 578; CR 22-048: am. (2) (h) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 138.027 Wholesaler {#sec-trans-138.027 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.027}

(1) No person may act as a wholesaler in this state without a valid wholesaler license under ss. 218.0101 to 218.0163, Stats.

(2) A wholesaler may not sell motor vehicles to retail buyers.

(3) A wholesaler may not consign motor vehicles to a motor vehicle dealer.

(4) A wholesaler shall comply with ss. Trans 138.03 (5), 138.04 (1) (b) and (2), 138.06, 138.07 and this section, but is otherwise exempt from this chapter.

History

Cr. Register, June, 1991, No. 426, eff. 7-1-91; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004 No. 578; CR 22-048: am. (2) (h) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 138.028 Retail auctioneers; limited exemption {#sec-trans-138.028 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.028}

Notwithstanding s. Trans 138.025, a retail auctioneer selling motor vehicles may conduct business without a motor vehicle dealer license, provided the retail auctioneer meets all of the following requirements:

(1) None of the vehicles offered at auction are owned by a motor vehicle dealer, wholesaler, manufacturer, or other licensee under ch. 218, Stats.

(2) Each auction is clearly distinct in place and date and meets at least one of the following conditions:

(a) It includes only those vehicles owned by a single person, where person means an individual, household, association, firm, or corporation including its subsidiaries and divisions; or,

(b) The auction includes no more than 3 motor vehicles.

Note: For example, an auctioneer may not need a dealer license when the auction only involves vehicles owned by one individual, corporation, or other “person.” If the auction includes vehicles owned by 2 or more persons, the auctioneer or auction company usually needs a dealer license. The only exception occurs in very small consignment auctions, where no more than 3 vehicles are offered for sale at a single auction.

(3) The auction is not conducted on the permanent business premises of any motor vehicle dealer, wholesaler, wholesale auction dealer, or other person licensed under ch. 218, Stats.

(4) The auctioneer does not hold regular or frequent auctions under the conditions described in this section at a single location. Frequent auctions at the same location include, though are not limited to, situations in which 3 or more vehicle auctions are conducted in the same place within 12 months.

History

Cr. Register, June, 1991, No. 426, eff. 7-1-91.

Wis. Admin. Code § Trans 138.03 Dealer business facilities {#sec-trans-138.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.03}

(1) Business facilities required to be provided and maintained by motor vehicle dealers are:

(a) A permanent building in this state wherein there are facilities for:

A business office to maintain the books, records, and files necessary to conduct business.
A minimum 12 x 20 foot area accessible for automobile display, pre-sale preparation, or repair purposes. Motorcycle dealers who do not also sell automobiles shall provide an area of sufficient size to display, prepare, or repair at least 3 units. Truck dealers who do not sell automobiles are exempt from the requirements of this subdivision.
A repair shop, or a service agreement with a nearby repair shop, where there are repair tools, repair equipment and personnel to service such vehicles. Any service agreement shall be on the form provided by the department.

(b) A vehicle display lot adjacent to the business office, unless all vehicles offered for sale are displayed within the business building.

(c) The business premises which provide all required facilities shall comply with local zoning, building code and permit requirements.

(2) A residence, tent, or temporary stand is not a sufficiently permanent business facility within the meaning of this section. As used in this section and s. 218.0116 (3), Stats., “residence” means the domicile of a person who is an employee or owner of the dealership licensed, or applying for a license, under ss. 218.0101 to 218.0163, Stats. “Residence” does not include a building either formerly used as a residence or used as a residence by persons having no interest in an existing dealership. A motor vehicle dealer licensed by the department prior to July 1, 1991 despite having the required business office or indoor display or repair area in the dealer’s residence may continue to use those facilities so long as ownership of the business remains unchanged and the dealer’s dealer license is renewed continuously on or after July 1, 1991.

(3) More than one motor vehicle dealer, wholesaler or other business may share a single permanent building.

(a) If a licensed motor vehicle dealer shares facilities with another motor vehicle dealer, wholesaler, or other business, each licensee shall:

Display a dealership sign which satisfies s. Trans 138.06.
Separate its own vehicle display lot from areas used by other licensees; and
With each license application, provide a copy of the lease agreement between the owner of the property and the dealer along with a diagram of the facilities for the designated location. If the dealer sublets the facilities from a lessee, that dealer shall provide a copy of the sublease and a copy of the lease authorizing the lessee to execute subleases.

(b) Each licensee sharing a permanent building with another licensee shall satisfy all the requirements of par. (a) within 1 year after July 1, 1991 or the license for each noncomplying dealership may be denied or suspended until the dealership facilities comply with this section.

(c) If the dealerships which share facilities also share majority ownership, they are exempt from the requirements of par. (a).

(4) The business premises which provide all required facilities shall comply with local zoning, building code and permit requirements.

(5) Motor vehicle wholesalers of used vehicles are subject to subs. (1) (a) 1., (b), and (3) and (4).

(6) A motor vehicle dealer who is not located in this state, who accepts vehicle purchase orders or lease agreements placed by fax, telephone, the Internet, mail, or some other remote means from persons within this state, and who delivers vehicles to persons within this state is exempt from the dealer business facilities requirements of sub. (1), provided that the dealer maintains a business office in another jurisdiction at which the books, records and files pertaining to vehicle sales or leases to persons in this state are maintained and the dealer makes these documents available to the department for inspection upon demand. Nothing in this section shall be construed to exempt the dealer from the license requirement of s. 218.0114 (1), Stats.

History

Cr. Register, May, 1966, No. 125, eff. 6-1-66; am. (1), r. and recr. (2), r. (3), Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 13.01 and r. and recr. Register, July, 1981, No. 307, eff. 8-1-81; emerg. am. (1) (b), eff. 1-13-83; am. (1) (b), r. (2), renum. (3) to be (2), Register, October, 1984, No. 346, eff. 11-1-84; am. (1) (a) 1. and 2., cr. (2) and (3), renum. (1) (c) to be (4), renum. (2) to be (5) and am., Register, June, 1991, No 426, eff. 7-1-91; CR 99-135: cr. (6) Register February 2004 No. 578, eff. 3-1-04; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004 No. 578; CR 06-135: am. (1) (a) (intro.) and (6), Register August 2007 No. 620, eff. 9-1-07; CR 22-048: am. (2) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 138.04 Records kept {#sec-trans-138.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.04}

This section establishes the minimum books and records required to be kept and maintained at the licensed business premises by motor vehicle dealers and used motor vehicle wholesalers under ss. 218.0116 (3) and (5), and 342.16 (2), Stats., and the required retention periods for those records.

(1) Dealer required records. Motor vehicle dealers shall maintain, at a minimum, the following books and records:

(a) Ownership records. As evidence of ownership, title for each used vehicle owned and offered for sale and manufacturer’s statement of origin, or MSO, for each new vehicle owned and offered for sale. If a manufacturer or lending institution is holding the title or MSO to ensure payment at the time of sale, the dealer shall have for each such vehicle either a factory invoice, a completed dealer reassignment form, or a purchase contract evidencing trade-in or purchase. If the used vehicle is a manufacturer’s buy-back under s. 218.0171, Stats., and the manufacturer holds title to the vehicle, the dealer may have in its possession a copy of the title.

Note: Section 218.0171, Stats., is commonly known as the lemon law.

(b) Consignment sale documents.

Written consignment agreement between owner and dealer for each vehicle not owned by the dealer and offered for sale by the dealer. Consignments between motor vehicle dealers are prohibited. Nor may wholesalers consign vehicles to motor vehicle dealers. Each consignment agreement shall contain:

a. Date of consignment;

b. Name of consignor and consignee;

c. Description of vehicle including year, make and identification number, a description of the prior use of the vehicle and an odometer disclosure statement as specified in s. Trans 154.08 (1). The odometer disclosure statement shall be separate from the rest of the consignment agreement;

d. Terms of agreement including duration of agreement, agreed upon minimum selling price at which the dealer is authorized to sell the vehicle for the consignee, the agreed disposition of any amount received for the vehicle above the minimum sales price, and the amount of the dealer’s sales commission;

e. A statement by the owner that either the vehicle is clear of any liens, or identifying the lienholder and stating the amount of any outstanding lien balance;

f. Signatures by the vehicle owner and selling dealer; and

g. An agreement between the vehicle’s owner and the dealer providing that the dealer will hold the title certificate or a copy of both sides of the original title certificate for inspection by potential purchasers during the period of consignment, and that the title reassignment by the owner portion of the original title certificate will not be signed until the vehicle is actually sold. The agreement shall also provide that if the vehicle is not sold during the duration of the consignment, the dealer will promptly return the title certificate to the owner along with the vehicle.

Copies of any documents required to be created under s. Trans 139.08.

(d) Odometer disclosure. Odometer disclosure statement from prior owner and odometer disclosure statement to subsequent purchaser, as required by s. Trans 139.04 (7).

(e) Contracts. Original or copy of motor vehicle purchase contracts, as required by s. Trans 139.05, purchase orders and invoices. Copy of MV1 or MV11, Wisconsin title, registration or license plate application forms, completed for each vehicle purchaser as additional evidence of sale, and information regarding collection of sales tax and Wisconsin title and registration fees, when applicable. If the contract supersedes any prior offer or contract between the parties, copies of the superseded contract as required by s. Trans 139.05 (1) (a) 2.

(f) Dealer record book.

The following information shall be kept on every used vehicle, including executive and demonstrator vehicles, bought, sold, exchanged or consigned:

a. Date of acquisition of the vehicle.

b. Name and address of the person from whom the vehicle was acquired.

c. The year, make and vehicle identification number, or VIN, of the vehicle.

d. The date of the disposition of the vehicle.

e. The name and address of the person to whom any vehicle was disposed.

Persons requiring a license who do not maintain their records in an electronic data processing record keeping system shall maintain the information required in subd. 1. in a permanently bound book containing consecutively pre-numbered pages with horizontal line ruling. Initial purchase entries shall be made immediately as each vehicle is acquired and sales information entered on the same line at subsequent time of sale. All entries shall be consecutively entered in ink and be legible. No blank horizontal lines shall be allowed. Vertical dividing lines shall be provided, and may be manually drawn, to divide the following information as shown:
Persons requiring a license who maintain their records in an electronic data processing record keeping system shall maintain the information required in subd. 1. in compliance with the following requirements:

a. One record shall contain all of the information specified in subd. 1.

b. Initial purchase entries shall be made immediately as acquired, and sales information shall be completed on the same record at the time of sale.

c. The information shall be accessible for inspection and shall be retrievable electronically by the date acquired, name of person from whom the vehicle was acquired, VIN, date sold, and name of person to whom the vehicle was disposed.

d. All records shall be retrievable during the inspection and a printer shall be kept on site to provide hard copy if requested. Hard copy shall include all information in the same format as specified in par. (f) 2. Horizontal and vertical lines are not required.

e. There is an employee of the person requiring a license available to retrieve the records during the hours of operation of the business.

(h) Electronic record keeping. Persons requiring a license who maintain their used vehicle records as specified in par. (f) in an electronic data processing record keeping system can satisfy the record retention requirement in sub. (3) with hard copy of their records when memory limitations of the electronic system prohibit electronic storage for the specified period. Hard copy shall meet the following requirements:

Hard copy shall include only those records of vehicles that have been disposed of. Incomplete records of vehicles acquired and still in inventory must be maintained on the electronic system until disposed of and the record is completed.
Hard copy shall include all information in the same format as specified in par. (f) 2. Horizontal and vertical line ruling shall not be required.
Hard copy shall be printed in the order of the date acquired and each report shall contain at least 12 consecutive months of vehicle acquisitions.
Hard copy shall contain system generated page numbers and the current date on every page.

(2) Wholesaler required records. Motor vehicle wholesalers (used vehicles) shall maintain those books and records included in sub. (1) (a), (d) and (f) for the period specified under sub. (3). The records and books to be maintained are limited to used vehicle record books, invoices, dealer reassignment forms, regular and conforming power of attorney forms, prior owner odometer disclosure statements and wholesaler’s subsequent odometer disclosure statements.

(3) Retention requirements. The used vehicle information described in sub. (1) (f) shall be maintained for a period of 5 years, as required by s. 342.16, Stats., and all other required records shall be maintained for a period of 5 years from the date of sale, including copies of factory invoices, dealer reassignment forms, consignment agreements, purchase contracts, MV1 or MV11 Wisconsin title, registration or license plate applications, Wisconsin buyers guides, regular and conforming power of attorney forms, prior owner odometer disclosure statements, dealer’s subsequent odometer disclosure statements, lessor’s notices to lessees relating to odometer disclosure required at end of lease, and lessee’s odometer disclosure statement completed at end of lease. The records shall be kept in the place of business during business hours and shall be open to inspection and copying by a representative of the department during reasonable business hours. Multi-location dealerships may keep records at a single location. If the location is out of state, the dealerships shall reimburse the department for actual and necessary expenses, plus wages pursuant to the appropriate state compensation plan or applicable labor agreement for examining the documents at that location. The actual and necessary expenses charged include the following:

(a) Travel expenses.

(b) Meal expenses.

(d) Telephone expenses.

(e) Copying and data processing expenses.

Note: The current Wisconsin Title and License Plate Application forms used by dealers is form MV-11, which may be purchased from motor vehicle dealer form supply companies. MV-1 is used by the general public for this purpose and is available from motor vehicle service centers or on the Internet at http://www.dot.state.wi.us.

History

Cr. Register, May, 1966, No. 125, eff. 6-1-66; r. and recr. Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 13.02 and am., Register, July, 1981, No. 307, eff. 8-1-81; am. (1) (c) to (e), Register, December, 1982, No. 324, eff. 1-1-83; am. (intro.) (1) (b) 5. and 6., r. (1) (b) r. and (2), renum. (3) to be (2), Register, October, 1984, No. 346, eff. 11-1-84; am. (1) (b), cr. (1) (b) 7., Register, June, 1991, No. 426, eff. 7-1-91; am. (1) (b) 3., (d), (g) and (2), renum. (1) (f) to be (1) (f) 2., cr. (1) (f) 1. and 3. and (h), Register, January, 1996, No. 481, eff. 2-1-96; CR 99-135: am. (intro.), (1) (intro.), (a), (b) (intro.), (e) and (2), renum. (1) (b) 1. to 7. and (g) to be (1) (b) 1. a. to g. and (3) and am. (1) (b) 1. g. and (3), cr. (1) (b) 2., Register February 2004 No. 578, eff. 3-1-04; correction in (1) (h) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004 No. 578; CR 08-029: am. (1) (a) and (3) Register August 2008 No. 632, eff. 9-1-08.

Wis. Admin. Code § Trans 138.05 Auction dealers {#sec-trans-138.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.05}

Motor vehicle wholesale auction dealers shall:

(1) For each vehicle offered for sale, either require the consigning dealer deposit clear title or furnish title insurance at time of sale.

(2) Prominently display the selling dealer’s name and address, and state in which the vehicle is titled, on each vehicle offered for sale, prior to each vehicle entering the auction sale building. Recommended methods are either affixing the information on the side window by grease pencil, or entering the information on a card plainly visible through either the windshield or side window.

(3) Maintain a copy of the signed title for each vehicle sold.

(4) For each motor vehicle sold at an auction sale, establish and maintain for 5 years those records as required under s. Trans 154.12 (3) as authorized under s. 342.157, Stats.

(5) Rescind the vehicle sale transaction if unable to furnish clear title to the purchasing dealer within 14 days following date of sale, if so requested by the purchasing dealer.

(6) Required records shall be kept in the place of business during business hours and shall be open to inspection and copying by a representative of the department during reasonable business hours.

History

Cr. Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 13.03 and am. Register, July, 1981, No. 307, eff. 8-1-81; am. (5), Register, June, 1991, No. 426, eff. 7-1-91; am. (3), r. and recr. (4), cr. (6), Register, January, 1996, No. 481, eff. 2-1-96; CR 99-135: am. (5) Register February 2004 No. 578, eff. 3-1-04; 2013 Wis. Act 363: am. (3) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 138.06 Business signs {#sec-trans-138.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.06}

All motor vehicle dealers, motor vehicle wholesalers and motor vehicle wholesale auction dealers shall display the following signs:

(1) An exterior business sign in compliance with s. 100.18 (5), Stats. The sign shall state the name of the licensee, as shown on the department license and any other name under which the licensee does business as a motor vehicle dealer, wholesaler or auction dealer. The sign shall have lettering a minimum of 4 inches high, unless smaller dimensions are required in order to comply with a local zoning or sign ordinance.

(2) A sign posted on or adjacent to the entrance door describing the dealer’s business hours.

History

Cr. Register, May, 1966, No. 125, eff. 6-1-66; renum. from MVD 13.03 and am. Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 13.04, Register, July, 1981, No. 307, eff. 8-1-81; am. Register, October, 1984, No. 346, eff. 11-1-84; am. (intro.), cr. (1), (2), Register, June, 1991, No. 426, eff. 7-1-91.

Wis. Admin. Code § Trans 138.07 Lease agreement {#sec-trans-138.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.07}

(1) Motor vehicle dealers and wholesalers shall furnish a copy of a signed lease agreement with the dealer license application whenever first applying for a license for a business location, unless the business property is owned by the dealership entity.

(2) Such lease agreement shall name the dealer applicant as lessee and shall contain the following items:

(a) Names of parties to the agreement;

(b) Consideration for lease agreement;

(d) Terms of lease; and

(e) Signatures of parties to the agreement.

History

Cr. Register, July, 1981, No. 307, eff. 8-1-81; am. (1), Register, October, 1984, No. 346, eff. 11-1-84; am. (1), Register, June, 1991, No. 426, eff. 7-1-91.

Wis. Admin. Code § Trans 138.08 Temporary sales locations {#sec-trans-138.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.08}

A motor vehicle dealer shall be permitted to display and sell vehicles at a temporary site other than its licensed place of business, providing that:

(1) Each dealer furnishes the department with written notification of the sale at least 10 days in advance.

(2) The duration of each sale may not exceed 10 business days.

(3) A dealer may not participate in more than 6 sales during each licensing (calendar) year.

(4) Each participating dealer shall furnish each consumer a written notice of the 3-day “cooling off” rights pursuant to s. 423.203, Stats., (The Wisconsin Consumer Act).

(5)

(a) Permanent facilities required. The dealer maintains a permanent facility in this state in the manner required by s. Trans 138.03 (1) (a), except as provided in par. (b).

Note: Dealers without permanent facilities in the state may not conduct any sales in this state, including sales at temporary locations, except as provided in s. Trans 138.03 (6).

(b) Motor home exemption. The department may exempt a dealer from the facility requirement in par. (a), but not from any other requirement of state law, if the dealer is selling motor homes at a rally or show sponsored by an established state, national or international motor home or camping association with a minimum membership of 100 members. An exemption under this paragraph may not be granted by the department more than once in any 4-year period. Any license issued by the department containing the exemption described in this paragraph shall be limited to one specific event and may not exceed 10 days duration. An exemption granted under this paragraph will not exempt a dealer from geographic sales restrictions contained in a dealer franchise agreement or other private contractual obligation.

Note: All off-premise sales in Wisconsin are limited to 10 days. s. Trans 138.08 (2), Stats. All other licensing and permit requirements of state law, including administrative rules issued by the department, apply to a motor home dealer granted an exemption under this paragraph. A Wisconsin dealer having franchise rights in the area in which the show is conducted is not prevented from enforcing those rights by the exemption in par. (b).

History

Cr. Register, July, 1981, No. 307, eff. 8-1-81; am. (intro.), Register, October, 1984, No. 346, eff. 11-1-84; CR 99-135: am. (2) Register February 2004 No. 578, eff. 3-1-04; CR 06-135: cr. (5), Register August 2007 No. 620, eff. 9-1-07.

Wis. Admin. Code § Trans 138.09 Effect of suspension, denial, revocation or voluntary surrender of license {#sec-trans-138.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 138.09}

(1) Suspension.

(a) No motor vehicle dealer may sell, offer to sell, or buy vehicles while the dealer’s license is suspended.

(b) A motor vehicle dealer also engaged in business activities on the same premises which do not require a license issued by the department, such as the sale of motor vehicle accessories or repair of motor vehicles, may continue to conduct this unlicensed business while the dealer’s license is suspended. However, if such activities are conducted within the indoor facilities the dealer ordinarily uses to display motor vehicles offered for sale or lease with an option of purchase, then during the suspension all motor vehicles offered for sale or lease shall either be removed from those facilities or moved to a location in those facilities not accessible to consumers.

(c) No licensed salesperson may be present at the dealership during the period of suspension, without the written permission of the department. The department may not grant permission unless the particular conditions of the salesperson’s employment require the salesperson’s presence to perform duties unrelated to the activities regulated by the department under ch. 218, Stats.

(2) Denial.

(a) Except as provided in par. (b), no person whose application for an initial motor vehicle dealer license has been denied may do business as a motor vehicle dealer.

(b) If the applicant held a valid license in the previous license year, the applicant may continue to do business after the applicant’s application has been denied, as authorized under s. 227.51 (2), Stats., provided the applicant meets all of the following requirements:

At the time of the license application, the applicant was a motor vehicle dealer whose motor vehicle dealer license had neither expired nor been revoked.
The applicant applied for an identical license for the same dealership and was denied.
The applicant requested a hearing to review the license denial within 30 days of the department’s denial.
The applicant paid all fees required for issuance of dealer registration plates for the new licensing period.
The applicant satisfied all of the requirements of s. 227.51 (2), Stats.

(c) The department shall provide an applicant to whom par. (b) applies with dealer registration plates, salesperson licenses and a license for the dealership. The validity of all such licenses is conditional, pending the outcome of the review of the license denial. In the event the review by the division of hearings and appeals affirms the license denial, the dealer shall collect and surrender to the department all registration plates, salesperson licenses and the dealer license issued under this paragraph. Salesperson licenses shall be surrendered immediately. Registration plates and the dealer license shall be surrendered within 30 days.

(d) The department may, upon request, permit an existing motor vehicle dealer continuously licensed during the preceding year, whose application for a license during the next license period is denied, up to 30 days to sell the motor vehicles in the dealer’s possession at the time of the denial, provided:

The dealer agrees to observe all special conditions imposed by the department.
The dealer’s request is received by the department within 7 days of the date when the denial takes place and includes a list of all motor vehicles in the dealer’s possession, including the vehicle identification number of each vehicle.
The dealer physically possesses the title certificate for each vehicle to be offered for sale.
Unless par. (b) applies, a dealer whose license has been denied may not offer, sell or lease with an option of purchase any motor vehicles to retail buyers and may not buy any vehicles, or accept motor vehicle trade-ins or consignments, during the 30-day period.
The 30-day period begins on the date of the department’s letter denying the license. However, if par. (b) applies, the 30-day period begins on the date of the order of the division of hearings and appeals affirming the department’s denial of the license.

(3) Revocation.

(a) Except as provided in par. (b), no person whose motor vehicle dealer license has been revoked may do business as a motor vehicle dealer after the effective date of the revocation.

(b) Unless prohibited by the order of revocation, the department may, upon request, allow a motor vehicle dealer whose license is revoked an extension period, up to 30 days beyond the otherwise effective date of the revocation, to sell the motor vehicles in the dealer’s possession at the time of the revocation, provided:

The dealer agrees to observe all special conditions imposed by the department.
The dealer’s request includes a list of all motor vehicles in the dealer’s possession including the vehicle identification number of each.
The dealer physically possesses the title certificate for each vehicle to be offered for sale.
The request is made prior to the effective date of the revocation.
The dealer does not offer, sell or lease with an option to purchase motor vehicles to retail buyers and does not buy any vehicles or accept motor vehicle trade-ins or consignments.

(4) Voluntary surrender. The department may permit a motor vehicle dealer up to 30 days to sell motor vehicles in the dealer’s possession at the time the dealer voluntarily surrenders his or her license, provided:

(a) The dealer agrees to observe all special conditions imposed by the department.

(b) The dealer provides the department a list of all motor vehicles in the dealer’s possession, including their vehicle identification numbers, within 7 days of the date when the license is received by the department.

(d) The dealer does not offer, sell, or lease with an option to purchase vehicles to retail buyers and may not buy any vehicles, or accept motor vehicle trade-ins or consignments, during the 30-day period.

(e) The 30-day period begins on the date the department receives the license or the list of vehicles in the dealer’s possession, whichever is later.

History

Cr. Register, June, 1991, No. 426, eff. 7-1-91; am. (2) (c) and (d) 5., Register, January, 1996, No. 481, eff. 2-1-96; CR 22-048: am. (1), (2) (b) (intro.), (d) 2., (3) (b) 2., (4) (b) Register July 2023 No. 811, eff. 8-1-23.

Chapter Trans 139 MOTOR VEHICLE TRADE PRACTICES

Wis. Admin. Code § Trans 139.01 Purpose and scope {#sec-trans-139.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.01}

(1) Statutory authority. As authorized by ss. 110.06, 218.0152, and 227.11, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 218.0116 (1) (cm), (e), (gm), (im) 2., (j), and (km), 218.0141, and 218.0146, Stats., relating to motor vehicle trade practices.

(2) Applicability. This chapter applies to any person applying for or holding a Wisconsin motor vehicle salvage dealer, manufacturer, distributor wholesale auction, dealer or salesperson license.

(3) This chapter applies to any sale or lease of a vehicle by a dealer to a person within the state of Wisconsin if the vehicle is delivered within the boundaries of this state notwithstanding any contractual agreement between the dealer and person to the contrary.

History

Cr. Register, December, 1982, No. 324, eff. 1-1-83; am. (1), Register, May, 1985, No. 353, eff. 6-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; am. (2), Register, May, 1997, No. 497, eff. 9-1-97; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559; CR 99-135: cr. (3) Register February 2004 No. 578, eff. 3-1-04.

Wis. Admin. Code § Trans 139.02 Definitions {#sec-trans-139.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.02}

Words and phrases defined in ss. 340.01 and 342.01, Stats., apply to this chapter unless a different definition is specified. In this chapter:

(1) “Business use” means any motor vehicle owned or leased by either of the following:

(a) A company, other than a lessor.

(b) An individual and primarily operated for business use.

(2) “Cash price” means manufacturer’s suggested retail price, or dealer asking price, including manufacturer installed options and accessories and manufacturer transportation charges, plus dealer installed options and accessories and additional dealer markup, profit and transportation charges, minus the dollar value of cash discounts.

(3) “Damage” means defects caused by reasons other than normal wear through vehicle age and usage.

(3m) “Day” means calendar day, unless otherwise stated in this chapter. The provisions of s. 990.001 (4), Stats., apply to calculations of time under this chapter, except that a legal holiday shall be counted as a day if the dealer is open for business.

(4) “Demonstrator” means any untitled or non-privately titled motor vehicle which was used primarily for the purpose of demonstration to the public.

(5) “Executive” means any untitled or non-privately titled motor vehicle which was used primarily by executives of licensed manufacturers, distributors or dealers and not used for demonstration to the public.

(6) “Insurance service plan” means a repair agreement issued by an insurance company and sold by a dealer.

(6m) “Lease buy-out” means the lease option price or, if there is no option price, the amount the lessee shall pay the lessor to terminate the lease and transfer title to the vehicle.

(7) “Lease use” means any motor vehicle leased for a period of time exceeding 4 months.

(8) “Licensee” means any motor vehicle manufacturer, distributor, dealer, or salesperson, or any combination thereof, licensed by the department.

(9) “Manufacturer” includes distributor.

(9m) “Manufacturer recall” means a recall inspection or repair which the manufacturer of a vehicle has been ordered to have performed by the national highway traffic safety administration or which the manufacturer has agreed voluntarily to have performed for safety reasons.

(9r) “Manufacturer warranty” means the original new vehicle warranty issued by the vehicle manufacturer. That term includes any motor home warranty issued by the vehicle engine or chassis manufacturer. Manufacturer warranty does not include a warranty issued by a manufacturer of vehicle parts or services not warranted by the vehicle manufacturer.

(10) “Material” means that a reasonable person would attach importance to its existence or a seller knows or had reason to know that a buyer would regard it as important. A seller has reason to know that information is material if a buyer specifically requests the information.

(10g) “Motor vehicle dealer” or “dealer” has the meaning as provided in s. Trans 138.02 (5g).

(10r) “Motor vehicle salesperson” or “salesperson” has the meaning as provided in s. Trans 138.02 (5r).

(11) “New” means any untitled or non-privately titled motor vehicle of the stated model year which has not been a demonstrator and has not been operated more than 200 miles for purposes other than manufacturer tests, pre-delivery tests by a dealer, dealer exchange or delivery.

(12) “Personal use” means any motor vehicle owned or leased by an individual and primarily operated for personal use.

(13) “Private retail purchaser” or “retail purchaser” means any purchaser not licensed as a motor vehicle manufacturer, distributor, dealer, or wholesaler.

(14) “Privately titled vehicle” means a vehicle titled by a private individual or any party other than a licensed motor vehicle manufacturer, distributor, or dealer.

(15) “Reasonable care” means the following:

(a) For vehicle inspections, a standard that requires an interior and exterior inspection, an under-hood and under-vehicle inspection, and a test drive. It does not require taking the vehicle apart or running tests unless it is necessary to diagnose apparent symptoms. Brakes may require some disassembly to satisfy the requirements in ch. Trans 305.

(b) For records inspections, a standard that requires providing information the dealership gets from manufacturer and auction notices, prior owner documents and disclosures, and their own vehicle inspection and repair records. It does not require contacting prior owners or obtaining records of previous titles unless necessary to clarify inconsistent or questionable information that is apparent.

(16) “Rebuilt salvage” means any repaired vehicle that has ever had a salvage notation on its certificate of title from Wisconsin or another jurisdiction.

(17) “Rental use” means any motor vehicle rented for a period of time not exceeding 4 months.

(18) “Sale” includes lease with the option of purchase when the option is exercised.

(19) “Service contract” means any repair agreement sold by a dealer.

(19m) “Title” means certificate of title issued by the Wisconsin department of transportation under ch. 342, Stats., or by another state in conformity with its applicable law, as evidence of ownership of a specific vehicle.

(20) “Used” means any motor vehicle other than a new motor vehicle and includes executive or demonstrator.

(21) “Water damaged vehicle” means a vehicle that has been materially damaged by being covered, in whole or in part, by water, whether by flood or other occurrence and the damage is less than what is required to meet the definition for branding in s. 342.10 (3) (d), Stats.

History

Cr. Register, December, 1982, No. 324, eff. 1-1-83; am. (intro.), renum. (1) to (9) and (11) to (14) to be (2) to (6), (8), (9), (11), (13), (14) and (18) to (20) and am. (11), cr. (1), (7), (9m), (12), (15) to (17) and (21), r. and recr. (10), Register, May, 1997, No. 497, eff. 9-1-97; CR 99-135: cr. (3m), (6m), (9r), (10g) and (10r), am. (11) and (19) Register February 2004 No. 578, eff. 3-1-04; CR 08-029: cr. (19m) Register August 2008 No. 632, eff. 9-1-08.

Wis. Admin. Code § Trans 139.03 Advertising and sales representations {#sec-trans-139.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.03}

(1) Truthful. The use of false, deceptive or misleading advertising or representations by any licensee to induce the purchase of a motor vehicle constitutes an unfair practice and is prohibited.

(2) Factual.

(a) Any licensee, making any statement of fact to the public in any advertisement or written statement or representation concerning the motor vehicles it offers for sale, the services it provides or other aspects of its business operation, shall possess detailed evidence of the validity and accuracy thereof, which evidence shall be furnished to the department upon request.

(b) Terms such as “largest” when referring to dealership size shall be based solely on vehicle sales volume and shall clearly state the basis for the claim, including vehicle make, time period if other than entire prior 12 months and geographic area if other than statewide, in the advertisement. Each vehicle make shall be considered separately in determining new vehicle sales volume.

(3) Disclosures required when advertising price.

(a) When the price of a motor vehicle is advertised by a dealer licensee, or a group of dealer licensees are named in a joint advertisement, the advertised price shall include all charges that shall be paid by the purchaser to acquire ownership of the vehicle with the exception of sales tax, title and registration fees. The advertised price does not need to include the amount of the service fee if the advertisement clearly and conspicuously discloses that the advertised price does not include the optional service fee. In the print media, the disclosure of the amount of the service fee or the disclosure that the advertised price does not include the optional service fee shall be printed in not less than 9-point boldface type or not smaller than the largest typeface within the advertisement. In other advertising media, the disclosure of the amount of service fee or the disclosure that the advertised price does not include the optional service fee should be clearly communicated to the intended audience.

(b) Use of terms such as “invoice,” “cost,” or similar terms, when advertising the price of a motor vehicle, and accessories, is an unfair practice and prohibited unless the advertisement discloses the dealer’s actual cost is less because there are, or may be, factory holdbacks, rebates, incentives, or other discounts to the dealer, if that is the case.

(c) Whenever a dealer licensee has a promotion on a used motor vehicle and a sales price is stated in an advertisement, the sales price shall be disclosed on the vehicle during the sales promotion period.

(4) Trade-in allowance. No specific price shall be stated in an advertisement as an offer for a trade-in, if the price so stated is contingent upon the condition, model, or age of the prospective purchaser’s vehicle to be traded. Use of the phrases “up to,”“as much as” or similar phrases regarding a trade-in allowance is an unfair practice and prohibited.

(5) Used vehicle comparative savings. The use of manufacturer suggested retail prices, wholesale or retail dealer pricing guides, or similar price guides to advertise comparative savings for used vehicles other than demonstrators or executives is an unfair practice and prohibited, except that a motor vehicle pricing guide may be used if the use of the guide as the source of the pricing is stated in any required disclosure and the dealer makes the full objective documentation used to set the price available in writing to the customer.

(7) Free merchandise. It is unfair practice to use the word “free” or any other word or words of similar import, in any advertising, if receipt of the free merchandise, equipment, accessories or service is conditioned by purchase of a vehicle or related accessories.

(8) Establishing price. Use of phrases such as “write your own deal,” “name your own price,” “appraise your own vehicle,” and similar phrases is an unfair practice and prohibited.

(9) Sales.

(a) Use of phrases such as “last of the remaining,” “close-out,” “final clearance,” “clearance,” and similar phrases when used in reference to used motor vehicles, other than demonstrator and executive vehicles, is an unfair practice and prohibited, unless the dealer licensee is actually discontinuing business.

(b) Use of phrases such as “last of the remaining,” “close-out,” “final clearance,” “clearance” and similar phrases when used in reference to demonstrator, executive and new motor vehicles is an unfair practice and prohibited, unless the dealer licensee is not replacing the vehicles with similar vehicles of the same model year, or is actually discontinuing business.

(10) Vehicle availability. It is an unfair practice for a licensee to advertise motor vehicles or types of motor vehicles for sale unless the licensee has available, for delivery within a reasonable time, a quantity of the advertised vehicles sufficient to meet reasonably anticipated demands, unless the advertisement clearly and specifically discloses any limitations as to the quantity available or time of delivery.

(11) Name and address. Dealer and salesperson licensees are prohibited from advertising motor vehicle sales at an address or from listing a phone number or electronic mail address other than that of either the licensed business premises, or temporary locations as authorized by s. Trans 138.08, except that a licensee may list the phone number or electronic mail address of the licensee’s home in addition to the business phone number and address on a business card. Advertisements shall include the business name.

(12) New vehicles. Franchised new vehicle dealers, distributors and manufacturers are the only licensees permitted to advertise or sell new vehicles.

(13) Model year and if used. When advertising any motor vehicle, a dealer or salesperson licensee shall state the vehicle’s model year and, if the vehicle is of the current or previous model year, shall designate the vehicle as used if that is the fact. Reference to “low mileage,” “X-miles,” “one-owner,” “demonstrator,” “executive,” or other words of similar meaning shall serve to designate the vehicle as used. If all vehicles in an advertisement are used, one reference to designate that they are used is sufficient.

(14) Expiration terms of sales or promotions. Whenever a sale or promotion offering gifts, merchandise, equipment, accessories, service, discounts, price reductions, or cash is advertised, the advertisement shall also specifically disclose the expiration terms or date of the sale or promotion.

(15) Two or more damaged vehicles. Whenever a promotion or sale involving 2 or more vehicles damaged by the same cause as a result of the same incident is offered by a dealer licensee, all accompanying advertising shall disclose the cause of damage, regardless of the extent of damage.

(16) Flood or water damaged vehicles. Whenever a dealer licensee offers, promotes the sale of, or sells a flood or water damaged vehicle, all advertising relating to that vehicle shall disclose that the vehicle has been flood or water damaged. Required disclosure of flood or water damage is limited to that which the dealer could find using reasonable care.

History

Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (5) and (14), Register, June, 1974, No. 222, eff. 7-1-74; am. (2) (a), r. (2) (b), (3) (a) and (8), renum. (9) and (10) to be (8) and (9), (11) and (15) are renum. (10) and (14) and am., renum. (12), (13), (14), (16) and (17) to be (11), (12), (13), (15) and (16), Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 24.02 and am., Register, 1982, No. 324, eff. 1-1-83; am. (3) (a), Register, October, 1983, No. 334, eff. 11-1-83; am. (5), (11) and (16), r. (6), Register, May, 1997, No. 497, eff. 9-1-97; CR 02-028: am. (3) (a), Register July 2002 No. 559, eff. 8-1-01; CR 08-029: am. (5) Register August 2008 No. 632, eff. 9-1-08.

Wis. Admin. Code § Trans 139.035 Unfair trade practices {#sec-trans-139.035 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.035}

(1) For purposes of this section, “bird-dogging” means an arrangement by a dealer or salesperson that provides consideration of any kind to a third party for sales leads, contingent upon a sale of a vehicle.

Note: Bird-dogging is also known as referral selling.

(2) Engaging in bird-dogging is an unfair trade practice and is prohibited.

History

CR 08-029: cr. Register August 2008 No. 632, eff. 9-1-08.

Wis. Admin. Code § Trans 139.04 Disclosure of the condition of the motor vehicle {#sec-trans-139.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.04}

(1) Model year designation.

(a) Changing the model year of a motor vehicle is an unfair practice and prohibited. If no model year is designated, the year of manufacture applies.

(b) Both the chassis model year when determinable and the finished vehicle model year shall be stated on the Wisconsin buyers guide and the motor vehicle purchase contract if the model year of a motor vehicle chassis is different than the model year of the finished vehicle, as designated by the converter-manufacturer or final stage manufacturer under the provisions of s. Trans 137.06 (5) (a).

(2) New motor vehicle disclosure.

(a) The dealer and salesperson licensees shall disclose to the prospective purchaser of any new motor vehicle when any parts, equipment or accessories originally installed have been removed or replaced by a dealer licensee prior to sale, if the replacement items are not of equal quality, and shall disclose all dealer installed options or accessories and whether or not warranted. The disclosures shall be in writing on the face of the motor vehicle purchase contract as required by s. Trans 139.05 (2) (f) and (h).

(b) Prior to delivery of a new motor vehicle, the dealer licensee shall furnish to the purchaser a copy of the predelivery test and inspection report made pursuant to the manufacturer’s specifications filed under s. 218.0116 (1) (km), Stats. The manufacturer shall file with the department a copy of any amended delivery and preparation obligations of its dealers at least 30 days prior to adoption of changes.

(3) New motor vehicle window sticker and dealer supplemental price label.

(a) Manufacturer’s suggested retail price labels shall remain affixed to motor vehicles as required by federal law, until sold and delivered to the ultimate purchaser.

(b) Any additions to or deletions from items contained on the label in par. (a) shall be identified by both description and retail price on a dealer supplemental price label affixed to the motor vehicle in a clear and conspicuous location. Items to be disclosed on dealer supplemental labels include, but are not limited to, dealer installed optional equipment or accessories, products or services performed by the dealer beyond the manufacturer’s presale delivery obligations, a service fee as allowed by s. Trans 139.05 (8) (a), and final dealer asking price.

(4) Used motor vehicle general condition disclosure. Dealer and salespersons shall inform prospective retail purchasers of used motor vehicles in writing before purchase contract execution, in the manner and on the form prescribed in sub. (6). This disclosure shall include all significant existing mechanical, electrical and electronic defects and damage and evidence of repair to strut tower, trunk floor pan, frame or structural portion of unibody, including corrective welds. Disclosure of information shall be that which the licensee can find using reasonable care.

(5) Used motor vehicle equipment requirements and disclosure.

(a) Dealer and salespersons shall inform prospective retail purchasers of used motor vehicles in writing before purchase contract execution, in the manner and on the form prescribed in sub. (6). This disclosure shall include whether or not the condition of a vehicle for sale is such that it can be legally operated at all times in accordance with ch. 347, Stats., and ch. Trans 305. Disclosure of information shall be that which the dealer can find using reasonable care.

(b) If a vehicle is inoperable in such a manner as to make compliance impossible to determine, or if the dealer licensee does not correct all defects which prohibit its legal operation prior to delivery of the vehicle to a retail purchaser, the dealer and salesperson licensee shall:

Make the following disclosure conspicuously on the face of the motor vehicle purchase contract prior to its execution:
Specify for the retail purchaser the defects which are in violation of ch. 347, Stats., and ch. Trans 305 as prescribed in sub. (4) and in this subsection.

(c) If because of the condition of the vehicle at the time of sale it meets the definition of a junk vehicle or a salvage vehicle, the dealer and salespersons shall make one of the following disclosures conspicuously on the motor vehicle purchase contract prior to its execution:

If the vehicle is a junk vehicle: “WARNING! Sold as junk vehicle. This vehicle may never be retitled.” The dealer shall notate the title as “Junk Vehicle” and forward the title to the department within 10 days after determining that the vehicle is a junk vehicle.
If the vehicle is a salvage vehicle and sold with a salvage title: “WARNING! This is a salvage vehicle and cannot be registered for use on Wisconsin highways until it passes an authorized inspection which requires payment of a fee. Title will be issued with a rebuilt salvage brand.”

Note: A vehicle previously titled in another jurisdiction as junked, or a substantially similar term as used in that jurisdiction, may not be titled or registered in Wisconsin. s. Trans 149.10 (3).

The Department may not issue a certificate of title for a vehicle if the certificate of title for the vehicle was inscribed by a person other than a state with the word “JUNKED” or any other notation clearly indicating that the vehicle was junked unless the owner provides an affidavit stating that the inscription on the title was entered in error and the vehicle passes an inspection under s. Trans 149.05. The Department may refuse to issue a title for such a vehicle if it concludes that the vehicle was intended to be junked at the time the title was noted as junk. s. Trans 149.09 (3).

Note: Only licensed salvage dealers can sell junk vehicles or parts.

(6) Wisconsin buyers guide.

(a) Except as provided in pars. (c) and (d), each used motor vehicle displayed or offered for sale by a dealer shall display a guide as prescribed by the department. The guide shall be prepared by an authorized employee of either the dealer, another dealer having the same majority ownership as the dealer, or a predecessor dealer at the same location as the dealer. The guide shall be completed in duplicate and contain the printed names of the vehicle inspector and the records inspector. The dealer or a salesperson, prior to separating the copy for display, shall sign the original guide. Except as provided in par. (d), the copy shall be displayed within the vehicle, attached to a window if possible, shall be readable from the outside of the vehicle, and shall become the possession of the purchaser upon acceptance of delivery. The original shall be signed by the purchaser prior to delivery of the motor vehicle and shall be retained by the dealer for 5 years. The guide shall clearly state in simple and concise language:

That the vehicle is used. All material history, prior use and title brands shall be clearly and specifically disclosed, for example, rebuilt salvage, flood or water damaged, transferred to insurer upon payment of claim, manufacturer buyback, personal use, business use, lease use, rental use, demonstrator, executive, taxicab or public transportation, police vehicle, driver-education or government vehicle, or history and use unknown. All title brands that appear on the existing certificate of title for the vehicle or that will appear on the new certificate of title for the vehicle as required by s. 342.10, Stats., shall be disclosed. The title brand disclosures shall also include any other jurisdiction in which the vehicle has been previously titled. If the vehicle has not been previously titled in another jurisdiction, this disclosure shall specify Wisconsin. Disclosure of history and prior use is not limited to those conditions which require title branding. Required disclosure of the history, prior use and title brands is limited to that which the dealer could find using reasonable care.
The odometer reading at the time the vehicle was obtained by the dealer licensee and a disclosure that either the reading is known to be actual miles, or the reading is not the actual miles, or the reading reflects the amount of mileage in excess of the designed mechanical odometer limit, as corroborated by the prior owner’s odometer disclosure statement available and subsequently shown to the purchaser, in accordance with sub. (7). The window sticker or disclosure label shall further disclose that the name and address of the vehicle’s prior owner are available upon request.
The vehicle price, model year, make, model, identification number, color, engine size, when determinable, for example, 350 cubic inches or 3.8 liter and number of cylinders, and type of transmission, for example, automatic or manual and number of forward gears, and drive type, for example, front wheel drive, rear wheel drive or 4-wheel drive.

Note: When engine size is not determinable, insert “NA” on the Guide.

The availability or existence of dealer warranties, manufacturer warranties and service contracts in the following language:

4m. If a motor vehicle dealer proposes to use any language in the buyers guide that differs from that shown in subd. 4., the dealer shall submit the proposed language to the department. The department shall respond to the dealer within 30 days of receiving the proposed language as to whether the dealer may use the proposed language. The dealer may not modify the proposed language prior to receiving approval from the department to use the proposed language.

The inspection disclosures required in subs. (4) and (5). Unless otherwise agreed to in the purchase contract, the inspection disclosures shall neither create any warranties, express or implied, nor affect warranty coverage provided for in the purchase contract. However, it is an unfair practice for a dealer to not remedy an item improperly reported on the guide that the dealer could have found using reasonable care if the buyer has notified the dealer within a reasonable time after the buyer discovered or should have discovered the improperly reported item and the vehicle is made available to the dealership. The dealer shall reasonably remedy or make a good faith effort to reasonably remedy an item improperly reported within 30 days of the buyer’s notification.

Note: The form prescribed by the Department is the Wisconsin Buyers Guide. A copy of this form is available, at no charge, from the Division of Motor Vehicles, Dealer Section, located in Madison, Wisconsin.

(b) The Wisconsin buyers guide required by par. (a) shall also include the following information:

All equipment requirements as required by ch. Trans 305 shall be maintained in proper working condition for the vehicle to be operated legally on Wisconsin highways.
Any important consumer information the department identifies as useful to the prospective purchaser, including the department’s administrative code authority, address and phone number.
Written explanations of any detected problems reported in the general condition or equipment requirements areas.

A used motor vehicle prior to being displayed or offered for sale, providing a written statement “Not inspected for sale” is conspicuously displayed on each vehicle.
A demonstrator or executive vehicle until removed from executive or demonstrator service and displayed or offered for sale on the sales lot.
A used motor vehicle which is operated between point of wholesale or point of purchase and the licensee’s business premises by the licensee or agent if a valid dealer registration plate is affixed to the vehicle.
A used motor vehicle with a gross vehicle weight rating of more than 16,000 pounds or a motor vehicle which is or has in the past been registered in Wisconsin or another jurisdiction at a gross weight exceeding 16,000 pounds. This exclusion does not apply to motor homes.
A junk vehicle with a written statement, “This is a junk vehicle”, conspicuously displayed.
An unrepaired salvage vehicle with a written statement, “This is a salvage vehicle”, conspicuously displayed.
A vehicle being sold to a lessee of the vehicle or the lessee’s agent or employee who operated the vehicle while under lease.

(d) The written disclosures required by pars. (a) and (b) are not required to be posted on a motorcycle. The motorcycle dealer may, at its option, display Wisconsin Buyer’s Guides on motorcycles and may employ mechanisms to protect them from weather. A Wisconsin Buyer’s Guide for a motorcycle that is not displayed on the vehicle shall be maintained by the dealer and provided upon request to any person who requests to see the label or who makes an offer to purchase the vehicle. The dealer or salesperson shall show or provide a copy of the Wisconsin Buyer’s Guide to a person who desires to make an offer to purchase the vehicle before the dealer drafts the purchase offer and before the person delivers an offer to the dealer. The label shall become the possession of the purchaser upon acceptance of delivery.

(7) Mileage disclosure. Unless exempted from the odometer disclosure statement requirements under s. Trans 154.05, for every motor vehicle offered for sale by a dealer licensee, the dealer licensee shall:

(a) Establish and maintain for 5 years those mileage and odometer disclosure records specified in s. Trans 154.12. The records shall be maintained and made available in a manner prescribed under s. Trans 154.12.

(b) Show to each prospective purchaser, prior to sale, all odometer disclosure records or true and legible copies of such records relating to a vehicle since last titled, including the current title and all prior owner odometer disclosure statements.

Note: A dealer may show a prospective buyer a copy of both sides of a title document instead of the original if the prospective buyer is shown the original document when requested prior to execution of a purchase contract.

(c) Upon transfer of motor vehicle, disclose the odometer reading to the purchaser in a manner and form as prescribed under s. Trans 154.04.

(8) Wholesale disclosure requirements. Sellers in wholesale transactions shall make the disclosures required in s. Trans 139.04 (6) (a) 1. to wholesale purchasers of motor vehicles in writing before purchase.

Note: Sellers include licensed wholesale auctions which are required to collect and pass along the information from the seller to the buyer. Wholesale auctions are responsible for disclosing vehicles owned by dealers, manufacturers or distributors in other jurisdictions.

(9) Manufacturer recalls. Before delivering to a retail purchaser any used vehicle of a line make for which the dealer holds a franchise, the dealer shall do all of the following that are applicable:

(a) Determine from the vehicle’s manufacturer whether or not the vehicle is the subject of any unperformed manufacturer recalls.

(b) If the vehicle is the subject of any unperformed manufacturer recalls for which the manufacturer will reimburse the dealer for performing, perform all such recalls or agree in writing to perform such recalls at a time convenient to the customer not later than 20 days after delivery, unless the unavailability of parts or other circumstances beyond the control of the dealer prevents performance within that time.

(c) Disclose in writing to the purchaser any unperformed manufacturer recalls with regard to the vehicle that have been disclosed to the dealer upon inquiry of the manufacturer.

History

Cr. Register, March, 1973, No. 207, eff. 4-1-73; r. and recr. (4) and (7); am. (6) (a) 2., Register, June 1974, No. 222, eff. 7-1-74; r. and recr. (5), Register, June, 1974, No. 222, eff. 10-1-74; am. (4) (intro.), (4) (f), (5) (a) and (6) (a) 1., renum. (5) (b) to be (5) (c), cr. (5) (b), am. (6) (a) 1., renum. (6) (c) to be (6) (d) and am., cr. (6) (c), renum. (7) to be (8) and cr. (7), Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 24.03 and am., Register, December, 1982, No. 324, eff. 1-1-83; am. (6) (a) (intro.), Register, October, 1983, No. 334, eff. 11-1-83; am. (5) (b), (6) (b) and (c) 3., r. (5) (c), renum. (5) (d) to be (5) (c), Register, May, 1985, No. 353, eff. 6-1-85; am. (6) (a) 4. and (b), Register, May, 1986, No. 365, eff. 6-1-86; am. (6) (a) (intro.) and 2., r. and recr. (7), Register, January, 1996, No. 481, eff. 2-1-96; corrections in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488; am. (1) (b), (4), (5) (a), (b) 2., (6) (a) (intro.), 1., 3. and (7) (b), r. and recr. (5) (c), (6) (a) 4. and (b), r. (6) (a) 5., renum. (6) (a) 6. to be (6) (a) 5. and am., cr. (6) (c) 4. to 7., (8) and (9), Register, May, 1997, No. 497, eff. 9-1-97; CR 02-028: am. (3) (b), Register July 2002 No. 559, eff. 8-1-02; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559; CR 99-135: am. (4), (6) (a) (intro.) and (c) (intro.), cr. (6) (d) Register February 2004 No. 578, eff. 3-1-04; CR 08-029: cr. (6) (a) 4m. Register August 2008 No. 632, eff. 9-1-08.

Wis. Admin. Code § Trans 139.05 Motor vehicle purchase contract {#sec-trans-139.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.05}

(1) Usage. All dealer and salesperson licensees shall furnish retail purchasers with a copy of a document clearly entitled “Motor Vehicle Purchase Contract” that clearly notifies the prospective retail purchaser on its face that the purchaser is making an offer to purchase that shall become a binding motor vehicle purchase contract if accepted by the dealer licensee, that the dealer licensee shall accept or reject the offer within 2 working hours or the offer is automatically voided and that the offeror may rescind the offer unless and until accepted by the dealer licensee. Until acceptance or rejection of the offer, the licensee shall be prohibited from selling the vehicle to any other party.

(a) An exact copy of the motor vehicle offer to purchase shall be provided to the purchaser at the time the offer is signed by the purchaser except in the case where the offer has not left the presence of the purchaser and is accepted by the dealer in the presence of the purchaser. In addition, whenever a motor vehicle offer to purchase is signed and accepted by a dealer, becoming a binding motor vehicle purchase contract, an exact copy of the purchase contract shall be provided to the purchaser. Any changes to the offer to purchase after signing by the purchaser, or to the purchase contract subsequent to dealer acceptance, shall be made in one of the following manners:

All parties shall notate and initial all copies of the original documents.
A motor vehicle dealer shall prepare a replacement contract indicating that it replaces the original contract documents. The motor vehicle dealer shall retain the original contract documents in the manner required by s. Trans 138.04 (1) (e). Making material changes to the replacement contract without direct oral disclosure of those changes to the purchaser is an unfair sales practice.

(b) A motor vehicle offer to purchase or purchase contract shall be executed whenever the dealer licensee accepts a down payment, deposit or title for trade-in unit from a prospective retail purchaser.

(2) Contract face requirements. A contract or offer to purchase shall, on its face:

(a) Clearly identify the names and addresses of the dealer licensee and purchaser.

(b) Describe both the motor vehicle purchased and the trade-in vehicle by year, make, model, identification number and specify whether the purchased vehicle is new, used, or executive or demonstrator.

(d) Include the salesperson’s name and license number in an area other than where signed by the purchaser and dealer or authorized representative.

(e) Specify an anticipated delivery date on the face of the contract and state further in bold face type next to the anticipated delivery date that: “REGARDLESS OF REASON, IF THE VEHICLE ORDERED BY THE PURCHASER IS NOT AVAILABLE FOR DELIVERY WITHIN 15 CALENDAR DAYS AFTER ANTICIPATED DELIVERY DATE, THE PURCHASER MAY CANCEL THIS ORDER AND SHALL WITHIN ONE BUSINESS DAY, RECEIVE A FULL REFUND OF ANY DOWN PAYMENT AND RETURN OF TRADE-IN VEHICLE, OR TITLE FOR TRADE-IN VEHICLE, OR BOTH. IF THE TRADE-IN IS NOT AVAILABLE, THE PURCHASER SHALL RECEIVE THE TRADE-IN ALLOWANCE. UNLESS DELIVERY DATE IS OTHERWISE QUALIFIED ON THE PURCHASE CONTRACT BY THE PURCHASER, IF THE ORDERED VEHICLE BECOMES AVAILABLE FOR DELIVERY PRIOR TO THE STATED ANTICIPATED DELIVERY DATE, THE DEALER LICENSEE MAY REQUIRE ACCEPTANCE NOT LESS THAN 21 CALENDAR DAYS AFTER HAVING NOTIFIED THE PURCHASER OF AVAILABILITY OF DELIVERY AND MAY SUBSEQUENTLY VOID THE CONTRACT IF THE PURCHASER REFUSES TO TAKE DELIVERY, IN WHICH CASE NO PENALTY SHALL BE ASSESSED BY THE DEALER LICENSEE FOR NON-ACCEPTANCE OF DELIVERY PRIOR TO THE STATED ANTICIPATED DELIVERY DATE.” Notification of availability of delivery and penalty for non-acceptance by the dealer licensee to the purchaser shall be by registered or certified mail, return receipt required.

(f) Reference all warranties and service contracts in the following language:

(fm) If a motor vehicle dealer proposes to use any language in the purchase contract that differs from that shown in par. (f), the dealer shall submit the proposed language to the department. The department shall respond to the dealer within 30 days of receiving the proposed language as to whether the dealer may use the proposed language. The dealer may not modify the proposed language prior to receiving approval from the department to use the proposed language.

(g) State the price due on acceptance of delivery of the vehicle and contain an itemized calculation of the price. The itemized calculation of the price shall state the manufacturer’s suggested retail price, if the vehicle is a new vehicle, or the price stated on the Wisconsin Buyer’s Guide, if the vehicle is a used vehicle, and all additional charges, mark-ups, mark downs, discounts or other adjustments made to arrive at the price due upon acceptance of delivery, including where applicable, but not limited to, delivery charges, sales tax, license and title fees, down-payment, owned trade-in allowance, positive or negative leased trade-in allowance and estimated or actual pay-off amount, or estimated or actual lease buy-out amount as permitted under sub. (8g) for any loan secured by a trade-in vehicle. Rebates shall be referenced separately by dollar amount and assignment. The itemized calculation of the vehicle’s price shall be made on the face of the purchase contract, except that the components of the total manufacturer’s suggested retail price may be provided by reference to the vehicle’s window label or in an attachment to the purchase contract. The use of an attachment does not alter dealer’s responsibility to comply with s. Trans 139.04 (2) (a). The purchaser is not required to sign the dealer’s attachment to the purchase contract.

(h) Specify all disclosures required in s. Trans 139.04 (1) (b), (2) (a), and (5) (b).

(i) Immediately above the contract signature block, make specific reference to any penalty which may be assessed to the purchaser for non-acceptance of the vehicle. The penalty may not exceed 5% of the cash price as provided by s. 218.0141, Stats.

(j) Clearly state financing contingencies in the manner provided in s. Trans 139.055. If the purchaser is unable to obtain acceptable financing, the purchaser may cancel or rescind the contract and shall, within one business day, receive a full refund of any down-payment, and return of trade-in vehicle, or title for trade-in vehicle, or both, and no penalty shall be assessed. If the trade-in vehicle is not available, the purchaser shall receive the trade-in allowance.

(jm) Include any disclosure required under sub. (6m).

(jr) If the purchase offer is for a vehicle for which the motor vehicle dealer has already executed a purchase contract, the purchase offer shall clearly state that that purchase offer is contingent on the prior executed purchase contract not being completed. Such a contingent purchase offer shall also provide that the purchaser may rescind the offer at any time prior to being notified by the dealer that the prior executed purchase contract was not completed and that the contingency has been removed from the purchaser’s contingent purchase offer. If the purchase contract is rescinded or the prior executed purchase contract completed, any downpayment or trade-in shall be returned within one business day.

(k) Specify all other separately negotiated conditions of sale not stated elsewhere on the contract.

(3) Return of deposit monies or trade-in title. Any down payment, deposit, or title shall be returned to the prospective retail purchaser within 2 working hours from the time the offer to purchase was made if the offer to purchase is not accepted by the dealer licensee. If the prospective purchaser is not present or available during the 2 hour period, those items shall be returned in person or mailed during the following business day.

(4) Motor vehicle price protection. A motor vehicle manufacturer, importer or distributor which accepts dealer orders placed on behalf of private retail purchasers shall furnish dealer licensees with price lists upon which retail motor vehicle purchase contracts may be executed. Price lists shall set forth the base prices of the various models along with the prices of all optional equipment, accessories and destination or transportation charges. The prices set forth in the price lists shall remain in effect until receipt by the dealer licensees of written official price change notification which shall contain the specific dollar amounts of increases or revised prices applicable to the various models, optional equipment, accessories and destination or transportation charges.

(a) Price increases imposed by these motor vehicle manufacturers, importers or distributors, are prohibited on those vehicles for which dealers had orders written with private retail purchasers prior to the dealer’s receipt of the written official price change notification.

(b) A motor vehicle purchase contract signed by a private retail purchaser and accepted by a dealer licensee shall constitute evidence of an existing order written with a private retail purchaser.

(c) Price increases in instances cited in sub. (5) (b) and (c) 1. shall not be subject to the provisions of this subsection.

(5) Motor vehicle price changes. A motor vehicle manufacturer, importer or distributor which has adopted a formal policy of not accepting dealer orders placed on behalf of private retail purchasers shall notify franchised dealer licensees and the department of that fact in writing. If the policy is not clearly set forth to franchised dealer licensees, price increases imposed by the motor vehicle manufacturer, importer or distributor are prohibited on those vehicles for which dealers had orders written with private retail purchasers prior to the dealer’s receipt of the official price change notification referred to in sub. (4).

(a) In the event of motor vehicle manufacturer, importer or distributor price reduction the amount of any reduction received by a dealer licensee shall be passed on to the private retail purchaser by the dealer if the retail price was negotiated on the basis of the previous higher price to the dealer.

(b) Price increases in the following instances shall not be subject to the price protection and price change provisions of sub. (4) and this subsection:

The addition of new equipment as required by state or federal law.
In the case of foreign make vehicles, revaluation of the U.S. dollar by the U.S. government.
Local, state or federal tax changes.

(c) Any increase in price to a retail purchaser after the dealer has accepted an offer to purchase from the purchaser is an unfair practice and prohibited except as follows:

Motor vehicle dealer licensees who accept offers to purchase from private retail purchasers for new vehicles not yet in the dealer’s inventory shall, in the following statement to be completed on the purchase contract, check box A where the manufacturer, importer or distributor has a formal policy of not accepting retail orders as described in this subsection, or where the manufacturer’s suggested retail price of an ordered vehicle of the upcoming model year is unknown; or check box B where the manufacturer’s suggested retail price is unknown as in the case of a newly introduced model: ⬜ Order-out vehicle not price protected. (Check A or B)
A trade-in vehicle may be reappraised if it suffers damage as defined by s. Trans 139.02 (2), or parts or accessories have been removed after purchase contract execution. Reappraisal by the dealer licensee shall be limited to an amount equal to the retail repair costs of damages incurred, or to the value of parts or accessories removed. Reappraisal for mileage/kilometers is not allowed unless the dealer has stated on the contract that “The appraisal is based on an odometer reading of up to ________ miles/kilometers, and the trade-in vehicle may be reappraised if it exceeds this limit.”

(6) Damage disclosure. On any new vehicle or demonstrator or executive vehicle, any corrected damage exceeding 6% of the manufacturer’s suggested retail price, as measured by retail repair costs, and all uncorrected damage shall be disclosed in writing to the purchaser prior to delivery. Damage to glass, tires, bumpers, moldings or audio equipment is excluded from the 6% rule when replaced by identical manufacturer’s original equipment.

(6m) Estimated mileage at delivery. If a motor vehicle dealer enters into a purchase contract to sell a new vehicle as defined in s. Trans 139.02 (11) that is not available at the dealers’ location, the dealer shall provide the purchaser with an estimate of vehicle mileage at delivery. The purchase contract shall be cancelable at purchaser’s option if the mileage of the vehicle upon delivery exceeds the dealer’s estimate. This option ends upon acceptance of delivery. Once acceptance of the vehicle occurs, any purchaser’s rights to cancel the purchase contract on the basis of excess mileage over dealer’s good faith estimate are waived. The purchase contract shall state in bold face type the following: IF THE MOTOR VEHICLE DEALER AND PURCHASER ENTER INTO A PURCHASE CONTRACT FOR A NEW MOTOR VEHICLE NOT AVAILABLE AT THE DEALER’S LOT, THE DEALER AND PURCHASER AGREE THAT THE VEHICLE MILEAGE UPON DELIVERY WILL NOT EXCEED _____ MILES. BEFORE VEHICLE DELIVERY, PURCHASER HAS THE RIGHT TO CANCEL THE PURCHASE CONTRACT IF THE MILEAGE OF THE VEHICLE EXCEEDS THAT AMOUNT.

(7) Order limitations. It is an unfair practice and prohibited for a dealer licensee to execute a purchase contract for a vehicle or type of motor vehicle unless the dealer licensee reasonably expects to have the ordered vehicle available for delivery by the anticipated delivery date.

(8) Service fees.

(a) A dealer may assess a purchaser or lessee an additional service fee for completing any sales-related or lease-related vehicle inspection or forms which are required by law or rule if the dealer has made full disclosure of the service fee to the prospective retail customer. The service fee may not be increased after this disclosure but may be reduced. Dealers that choose to charge a purchaser or lessee a service fee shall include the following disclosure on the purchase or lease contract: “A service fee is not required by law, but may be charged to motor vehicle purchasers or lessees for services related to compliance with state and federal laws, verifications and public safety, and must be reasonable.” Upon request from a purchaser, the selling dealer shall provide a written disclosure of the services included in this service fee. The Department reserves the right to audit fees to determine whether they are reasonable.

(b) A dealer licensee who has contracted with the department in accordance with the provisions of s. 341.21, Stats., may charge a purchaser a fee in the amount contained in the contract for the dealer’s services relating to the processing or distribution of an original or renewal registration or a certificate of title.

(8g) Estimated trade-in lien payoff amounts. When the payoff for a trade-in vehicle is unknown, the dealer may estimate the payoff in the itemization of vehicle price required under sub. (2) (g). Where such an estimate is used, the purchase contract shall provide that the purchaser may rescind the purchase contract if the actual amount needed to pay off all extensions of credit secured by the motor vehicle exceeds the estimated payoff amount used in the itemized calculation of vehicle price by more than 1 payment on the note secured by the trade-in vehicle. The actual difference between the estimated payoff and actual payoff shall be disclosed by the dealer to the purchaser in writing. A purchaser’s refusal to accept delivery of a vehicle or agree in writing to waive the payoff difference within 7 days of notification by the dealer that contract contingencies have been met and disclosure of the payoff difference shall rescind the purchase contract. Adjusting the contract price to reflect an actual loan payoff amount is not bushing if the dealer complies with the requirements of this subsection.

(8r) Vehicle rebates.

(a) The existence of a manufacturer’s or other rebate on a vehicle is a material item in determining the price of the vehicle. A purchase contract shall provide that if, for any reason, a purchaser does not qualify for a rebate that is referenced in the purchase contract as required by sub. (2) (g), the purchaser may rescind the purchase contract unless the dealer discounts the purchase price of the vehicle by the amount of the rebate. If a purchaser does not qualify for a rebate and the dealer will not provide a discount in the amount of the rebate, the dealer shall notify the purchaser in writing of the fact that the purchaser does not qualify for the rebate and notify the purchaser that the contract shall be rescinded unless purchaser, within 7 days, signs a new purchase contract for the vehicle for the new higher contract price. A purchaser’s refusal, within 7 days of receiving written notification, to execute a new purchase contract rescinds the original contract. Purchaser’s execution of a new contract after disclosure of the fact that purchaser did not qualify for a rebate waives purchaser’s objections related to the rebate.

(b) Delivering a motor vehicle to the purchaser without disclosing in writing that the purchaser does not qualify for the rebate in the manner required under par. (a) is “bushing” under sub. (5) (c) unless the dealer provides a discount to the purchaser for the amount of the rebate and delivers the vehicle at the original contract price.

(c) If a manufacturer rebate not referenced in a purchase contract becomes available based on the delivery date of a vehicle, and a retail purchaser qualifies for the rebate at the time of delivery, the rebate shall be awarded to the purchaser and the contract shall be amended accordingly as provided in sub. (1) (a). For purposes of this section, “manufacturer rebate” means a rebate provided by the vehicle manufacturer directly to the purchaser, including when assigned to the motor vehicle dealer, and does not include manufacturer rebates or wholesale incentives to the dealer or manufacturer discounts from the wholesale price to the dealer.

(9) Waiver. The use of a motor vehicle purchase contract which requires the purchaser to waive any claims the purchaser may have for breach of contract by the licensee is an unfair practice and prohibited.

(10) Additional disclosures. The motor vehicle purchase contract shall clearly state “Contact the selling motor vehicle dealer to discuss any questions or problems about your vehicle or this contract. If you are unable to resolve any disputes with the dealer, you may contact: Division of Motor Vehicles, Dealer Section, Wisconsin Department of Transportation, P.O. Box 7909, Madison, Wisconsin 53707. The Dealer Section licenses motor vehicle dealers and administers the administrative regulations governing consumer protection in vehicle sale transactions, Ch. Trans 139, Wis. Admin. Code.”

(11) Contract prohibited. A purchase contract for a used motor vehicle may not be executed with the retail purchaser until the vehicle has been inspected and findings disclosed as required by s. Trans 139.04 (4) and (5) unless no inspection is required under s. Trans 139.04 (6) (c).

(11m) Contingent purchase contracts. A motor vehicle dealer who has a signed purchase contract to sell a particular vehicle with a purchaser that is subject to satisfaction of a purchaser’s contingency before the purchase contract becomes final may accept purchase offers for that vehicle subordinate to that of the purchaser. Any such subordinate purchase offer shall include the disclosures required by sub. (2) (jr).

(12) Order changes. A dealer licensee shall notify a retail purchaser of any information changing the order or delivery of a vehicle, such as a change in options, equipment, price, or anticipated assembly and delivery date. Notification shall be within 3 business days from the date the dealer receives the information.

History

Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (1), (3) (e) and (4); r. and recr. (6); cr. (9), Register, June, 1974, No. 222, eff. 7-1-74; am. (7), r. (8), renum. (9) to be (8) and am., cr. (9), Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 24.04 and am., Register, December, 1982, No. 324, eff. 1-1-83; emerg. am. (5) (c) 1., eff. 7-22-83; am. (5) (c) 1., Register, May, 1985, No. 353, eff. 6-1-85; renum. (8) to be (8) (a) and am., cr. (8) (b), Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. (2) (f), am. (10) (intro.) and (a), r. (10) (b) to (d), Register, May, 1997, No. 497, eff. 9-1-97; CR 02-028: am. (2) (g) and (8) (a), Register July 2002 No. 559, eff. 8-1-02; correction in (2) (i) made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559; CR 99-135: am. (1) (a), (2) (f), (i), (j), (5) (b) 3., (6), (10) and (11), cr. (1) (a) 1., 2., (2) (jm), (jr), (6m), (8g), (8r) and (11m), r. and recr. (2) (g) Register February 2004 No. 578, eff. 3-1-04; CR 08-029: cr. (2) (fm) Register August 2008 No. 632, eff. 9-1-08.

Wis. Admin. Code § Trans 139.055 Financing {#sec-trans-139.055 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.055}

(1) Dealer arranged financing.

(a) Notice to consumer regarding ineligibility for financing. If a motor vehicle purchase contract becomes binding upon the purchaser contingent upon the motor vehicle dealer providing financing on terms disclosed to the purchaser in advance of the execution of the purchase contract, the contract shall provide that if the dealer is unable to provide such financing, the contract shall be rescinded if the dealer provides notice to the purchaser within 14 days of the contract date that dealer financing is unavailable. If the dealer fails to timely provide such notice, the purchaser may elect to carry out the contract and the dealer shall, within 28 days of the contract date, finance the purchase of the vehicle on the terms specified in the contract and deliver the vehicle in the manner specified in the purchase contract.

(b) Establishing credit terms between the contract date and delivery date for a vehicle. With respect to a contract to purchase a motor vehicle that is contingent on the motor vehicle dealer arranging financing for the motor vehicle that is acceptable to the purchaser, a dealer may, subsequent to the contract date and prior to the purchaser accepting delivery of the motor vehicle, provide the customer with notice that the dealer has arranged financing for the vehicle for which the customer is qualified. If the transaction is a consumer transaction, the notice shall include all disclosures of the terms of the arranged financing that are required by the federal truth-in-lending act including the amount to be financed, the annual interest rate, total principal and interest payments, and the monthly interest and principal payment due over the course of the loan. The notice shall state that the purchaser has 7 days to accept or reject the proposed financing. If the purchaser accepts the proposed financing, the financing contingency of the contract shall be deemed satisfied and the dealer shall be bound to provide financing on the terms set forth in the notice. If the purchaser rejects the proposed financing but waives the financing contingency, the financing contingency shall be deemed waived and the purchaser shall be bound to the contract without regard to whether the purchaser is able to secure financing. If the purchaser fails to respond to the notice within 7 days or rejects the proposed financing and does not waive the financing contingency, the purchase contract shall be rescinded.

(2) Purchaser arranged financing. A motor vehicle purchase contract that is contingent on a purchaser arranging financing is rescinded if the purchaser does not provide evidence to the dealer that the purchaser has arranged acceptable financing for the purchase of the vehicle, such as a loan commitment letter, within a time established in the purchase contract.

(3) No fees on void contracts. A dealer may not charge a fee or penalty to the purchaser in connection with a contract that is rescinded under this section.

History

CR 99-135: cr. Register February 2004 No. 578, eff. 3-1-04.

Wis. Admin. Code § Trans 139.06 Warranties {#sec-trans-139.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.06}

For the purpose of this chapter, service contracts are not considered warranties, but for the purposes of disclosure and performance as provided in subs. (1) through (7) and in sub. (10), the term “warranty” shall include service contracts.

(1) Contents. If a sale of a motor vehicle by a licensee is made subject to a warranty, the warranty shall be in writing and shall be provided to the purchaser at the time of delivery of the vehicle and shall include the following items:

(a) Clear identification of the names and addresses of the warrantors.

(b) Clear identification of the purchaser to whom the warranty is extended.

(d) Exceptions and exclusions from the terms of the warranty.

(e) A statement of what the warrantor shall do in the event of a defect or malfunction, at whose expense and for what period of time.

(f) A statement of what the purchaser shall do and expenses the purchaser shall bear.

(g) The procedure the purchaser should take in order to obtain performance of any obligation under the warranty, including the identification of any class of persons authorized to perform the obligations set forth in the warranty.

(2) Disclosure. The elements of the warranty shall be stated in words or phrases which clearly disclose the nature or scope of the warranty.

(3) Implied warranty. No implied warranty of merchantability or fitness shall be excluded in the sale of a motor vehicle unless the sale is explicitly negotiated between the purchaser and dealer licensee on an“AS IS—NO WARRANTY” basis and is in conformity with s. Trans 139.04 (6) (a) 5. No implied warranty of merchantability or fitness shall be modified or limited, except that implied warranties may be limited to the duration of a written limited warranty of reasonable duration.

(4) Advertising. Warranties shall not be advertised unless the basic terms and conditions of the warranty are disclosed in the advertisement.

(5) Without charge. The use of the words “without charge” and other similar words or phrases in connection with the warrantor’s services or responsibilities under a warranty constitutes an unfair practice and is prohibited unless the warrantor does not assess any costs or charges in connection with the required repair or replacement of a warranted item or services.

(6) Extended warranty. If a valid warranty claim made during the warranty period, as evidenced by a dealer repair order indicating date and mileage, cannot be remedied until after expiration of the warranty period, the warrantor shall continue to be obligated for the claim until properly remedied.

(7) Replacement parts. Parts repaired or replaced by a dealer licensee on a new vehicle which was received from the manufacturer or distributor in a damaged condition shall carry the same warranty as the original parts, provided the parts are approved for use by the vehicle manufacturer or distributor for repair or replacement.

(9) Warranty labor reimbursement complaints. Any department determination or licensing action based on a warranty labor complaint shall be based upon the information submitted to the department by the parties involved. The department shall not be required to conduct any on-site investigations or informational hearings.

(10) Warrantor basic obligation.

(a) It is an unfair practice and prohibited for a warrantor to fail to service or repair a motor vehicle in accordance with the terms and conditions of the warranty or service contract.

(b) A dealer shall service or repair a motor vehicle under the same terms and conditions as a manufacturer warranty if dealer provides information to the purchaser that there is a remaining manufacturer warranty on the vehicle that will be honored by the manufacturer, and the vehicle is not warranted or the manufacturer subsequently rejects a request to transfer the warranty to the purchaser.

(c) A dealer shall service or repair a motor vehicle part under the same terms and conditions as a part manufacturer warranty if the dealer provides information to the motor vehicle purchaser that there is a remaining part manufacturer warranty on a vehicle part for which there is no warranty or that the warrantor refuses to transfer to purchaser.

(d) A dealer shall service or repair a motor vehicle under the same terms and conditions as a third party warranty if, before the purchaser accepts delivery of the motor vehicle, dealer provides information to the purchaser that there is a remaining third-party warranty on the vehicle that will be honored by the third party warrantor and the vehicle is not warranted or the third party subsequently rejects a request to transfer the warranty to the purchaser.

(e) Under this subsection, a dealer’s obligation to honor a warranty that the dealer improperly discloses or disclaims to the purchaser is limited to providing motor vehicle service and repairs under the same terms and conditions the original warrantor would have been obligated to honor. A dealer’s obligation to honor a warranty is also limited by the expiration date or mileage set forth under the motor vehicle manufacturer, third party or part manufacturer warranty, or until the motor vehicle attains the age or mileage the dealer discloses to the purchaser in the Motor Vehicle Purchase Contract, in accordance with s. Trans 139.05 (2) (f), whichever is later.

Note: A dealer is not required to ascertain whether remaining warranty is available if the dealer does not provide information to the purchaser that there is a remaining warranty available for transfer to the vehicle purchaser, except that new car dealers should ascertain availability of remaining manufacturer warranties for used cars of the same line make for which the dealer holds a franchise.

History

Cr. Register, March, 1973, No. 207, eff. 4-1-73; cr. (9), Register, June, 1974, No. 222, eff. 7-1-74; renum. MVD 24.06 (2) to be MVD 24.05 (10), Register, December, 1975, No. 240, eff. 1-1-76; am. (3), Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 24.05 and am., Register, December, 1982, No. 324, eff. 1-1-83; am. (1) (c), Register, May, 1986, No. 365, eff. 6-1-86; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1997, No. 497; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559; CR 99-135: am. (intro.) and (10), cr. (10) (b) to (e) Register February 2004 No. 578, eff. 3-1-04; CR 19-059: r. (8) Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § Trans 139.07 Satisfaction of liens {#sec-trans-139.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.07}

When a dealer accepts a vehicle in trade that is subject to an outstanding lien and agrees in the purchase contract to pay off the balance due the lien holder, the dealer shall pay the amount stated in the purchase contract due the lien holder, after any adjustments for any estimated trade-in lien payoff amounts pursuant to s. Trans 139.05 (8g) within 14 days of taking delivery of the trade-in vehicle. The dealer shall be responsible for any interest that accrues, penalties assessed, late fees, or other charges made on the debt secured by the lien to the extent those penalties, fees or other charges result from the dealer delaying payment of the amount stated in the purchase contract to be due the lien holder beyond 14 days of taking delivery of the trade-in vehicle.

History

CR 99-135: cr. Register February 2004 No. 578, eff. 3-1-04.

Wis. Admin. Code § Trans 139.08 Consignment vehicles {#sec-trans-139.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.08}

(1) A dealer shall comply with all the requirements of this section with respect to any vehicle it sells on a consignment basis. Consignment sales include any arrangement by which a dealer displays or sells a vehicle on behalf of a person other than the dealer.

(2) No dealer may accept delivery of or display a consignment vehicle for sale until all of the following requirements have been met:

(a) Dealer enters into a written consignment agreement with the consignor specifying the terms of the consignment agreement. A consignment agreement for the sale of a vehicle that is not owned by the consignor for personal, family or household purposes between a dealer and a person shall include a provision that the consignor retains a security interest in the vehicle in the amount of the proposed sale price of the vehicle. A consignment agreement for sale of goods owned by the consignor for personal, family or household purposes shall include a provision that the consignor retains ownership of the vehicle.

(b) In a transaction involving goods owned by the consignor for purposes other than personal, family or household purposes, the dealer prepares and executes a U.C.C. financing statement naming consignor as a secured party and files the U.C.C. financing statement with the department of financial institutions. This paragraph does not apply to a consignment vehicle sale through a salvage pool or wholesale auction. The financing statement shall be prepared and filed so as to properly perfect the consignor’s security interest. The cost of filing the financing statement may be charged to the consignor.

(3) A dealer shall remit any monies due a consignor under a consignment agreement within 7 days of the date a consignment vehicle is sold.

Note: The purpose of this section is to insure that a consignor’s interest in any vehicle consigned is protected from adverse claims of motor vehicle dealer creditors, administrators, or trustees. Section 402.326 (5), Stats., provides that personal, family or household goods do not become the property of a consignee dealer upon consignment. Therefore, no U.C.C. financing statement is required to protect consignors of personal vehicles. A U.C.C. financing statement is required to perfect the interest of a business consignor in a vehicle consigned to a dealer. ss. 409.310 and 409.319, Stats.

History

CR 99-135: cr. Register February 2004 No. 578, eff. 3-1-04.

Wis. Admin. Code § Trans 139.09 Waiver {#sec-trans-139.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 139.09}

Waiver of any requirements of this chapter, except as specifically provided for in this chapter, is prohibited and void.

History

Cr. Register, March, 1973, No. 207, eff. 4-1-73; renum. from MVD 24.07 to MVD 24.06, Register, December, 1975, No. 240, eff. 1-1-76; renum. from MVD 24.06 and am., Register, December, 1982, No. 324, eff. 1-1-83; CR 99-135: renum. from s. Trans 139.07 Register February 2004 No. 578, eff. 3-1-04.

Chapter Trans 140 MOTOR VEHICLE DEALER FINANCIAL ELIGIBILITY AND BOND CLAIM REQUIREMENTS

Subchapter I Dealer Security and Financial Eligibility Requirements

Wis. Admin. Code § Trans 140.01 Purpose and scope {#sec-trans-140.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.01}

(1) Statutory authority. As authorized by ss. 218.0152, 218.25, and 227.11, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 218.0114 (4), (5), (20), (22), 218.0116 (1) (a) and (d), Stats., relating to the security requirements and financial qualifications of motor vehicle wholesaler, dealer, and salesperson license applicants, s. 218.11 (3) and (6) (a) and (g), Stats., relating to the financial qualifications of mobile home dealer license applicants to engage in the sale of recreational vehicles, and ss. 218.21 (1), (1m), (4) and (6), and 218.22 (1) and (3) (a) and (g), Stats., relating to the financial qualifications of motor vehicle salvage dealer license applicants, and s. 218.41 (2) (c) and (3) (a), Stats., relating to the financial qualifications of moped dealer license applicants.

(2) Applicability.

(a) This chapter applies to any sole proprietorship, partnership or corporate entity applying for or holding a Wisconsin dealer’s license under any of the statute sections cited in sub. (1).

(b) The provisions of subch. II apply to all applicants for a license issued by the department under ch. 218, Stats., and to all such licensees, who furnish a bond or letter of credit pursuant to s. 218.0114 (5) or (20), 218.11 (3) or (6) (g), 218.21 (4) or (6), or 218.33 (1), Stats. The provisions of subch. II also apply to all sureties and financial institutions that issue such bonds or letters of credit, and to all claimants against such bonds or letters of credit.

Note: Forms used in this chapter are: MVD-2195 Financial Statement, MVD-2077 Motor Vehicle Dealer, Mobile Home Dealer or Salesperson Bond, MVD-2077A Moped Dealer Bond, MVD 2511 Motor Vehicle Dealer Bond and MVD 2497 Motor Vehicle Salvage Dealer Bond.

History

Cr. Register, March, 1985, No. 351, eff. 4-1-85; cr. (2) (am) and am. (2) (b), Register, July, 1986, No. 367, eff. 8-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; am. (1), renum. (2) (am) to be (2) (b) and am., r. (2) (b), Register, February, 1996, No. 482, eff. 3-1-96; corrections in (1), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 140.02 Definitions {#sec-trans-140.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.02}

In this chapter:

(1) “Asset” means anything of value owned by the corporation, limited liability company, partner or sole proprietor.

(2) “Current assets” means cash and assets, including trade or investment items, which may be readily converted into cash in the ordinary course of business within one year from the date of the balance sheet and include, but are not limited to, cash and equivalent, customer and factory receivables, inventories, last in first out reserves and marketable securities.

(3) “Current liabilities” means liabilities which are due and payable within one year from the date of the balance sheet.

(4) “Discounted” means an asset which is not considered at full value when determining the financial statement net worth.

(5) “Financial institution” has the same meaning as found in s. 705.01 (3), Stats.

(6) “Financial statement” means a balance sheet showing assets, liabilities, and net worth on a fixed date.

(7) “Intangible asset” means an asset which does not have a readily determined value, such as goodwill, and is not generally offered for sale.

(8) “Letter of credit” means an irrevocable instrument issued by a financial institution guaranteeing payment on behalf of its customer to a beneficiary for a stated period of time and when certain conditions are met.

(9) “Liability” means an obligation to pay money or other assets or to render a service to another person.

(10) “Major liability” means a liability equal to or greater than 10% of the total liabilities listed on the financial statement.

(11) “Net worth” means the difference between the asset and liability values on a balance sheet. Negative net worth is the excess of liabilities over assets.

(12) “Pro-forma statement” means a financial statement that presents information that anticipates some event or events which will occur in the future.

(13) “Recreational vehicle dealer” has the same meaning as found in s. Trans 142.02 (7).

(14) “Substantial portion of the assets” means a value greater than 30% of all assets.

History

Cr. Register, March, 1985, No. 351, eff. 4-1-85; renum. (1) to (7) to be (4), (6), (7), (10), (11), (12) and (14) and am. (6) and (12), cr. (1) to (3), (5), (8), (9) and (13), Register, February, 1996, No. 482, eff. 3-1-96.

Wis. Admin. Code § Trans 140.022 Security; forms and types {#sec-trans-140.022 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.022}

(1) Forms of security. The only acceptable forms of security to fulfill the security requirements of ss. 218.0101 to 218.0163, Stats., are as follows:

(a) Surety bonds. The bond shall be filed on a form prescribed by the department and issued by a bonding company licensed by this state and acceptable to the department. The bond shall be payable in the name of the department for the benefit of any person who sustains a loss because of an act of the licensee constituting grounds for the suspension or revocation of a license under ss. 218.0101 to 218.0163, Stats.

Note: Under ss. 632.14 to 632.18, Stats., surety insurance is regulated by the Commissioner of Insurance.

(b) Letters of credit. The letter of credit shall be filed on a form prescribed by the department and issued by a financial institution acceptable to the department. The issuer shall waive the right to revoke the credit before its expiration date, which shall be no earlier than 3 years after the last day of the period covered by the letter. The letter of credit shall be payable in the name of the department and upon a written statement by the department that one or more persons have sustained a loss because of acts by the licensee constituting grounds for the suspension or revocation of a license under s. 218.0116, Stats.

Note: These forms may be obtained by contacting the Dealer Section’s Business Licensing Unit at (608) 266-1425.

(2) Minimum security. A motor vehicle dealer or applicant for a motor vehicle dealer license shall provide and maintain in force a bond or letter of credit of not less than $50,000, or if the dealer or applicant sells or proposes to sell motorcycles and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000.

(3) Supplemental security. In addition to the security required under sub. (2), the department may require a motor vehicle dealer, or applicant for a motor vehicle dealer license, to provide and maintain in force a supplemental bond in an amount not less than $5,000 nor more than $100,000. The department may also require such securities of wholesalers and motor vehicle salespersons and applicants for such licenses. The department shall require such bonds according to the criteria described in s. Trans 140.027.

History

Cr. Register, February, 1996, No. 482, eff. 3-1-96; corrections in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; 2013 Wis. Act 363: am. (2) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 140.027 Criteria for supplemental security {#sec-trans-140.027 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.027}

(1) Amount. The department may require supplemental bonds of motor vehicle dealers or wholesalers according to their annual vehicle sales and their total points in the current licensing period. The department shall provide a licensee or applicant written notice of the requirement for supplemental security. The department may require supplemental securities of applicants for such licenses according to the department’s estimates of their annual retail vehicle sales and their total points for the licensing period for which the application is made. The department may determine or estimate points and annual vehicle sales according to subs. (2) and (3). Bonds shall be in the amounts described in the following table:

(2) Determining points.

(a) General. The department may assess points against a licensed dealer or wholesaler, or an applicant for a license, who has violated any provisions in ss. 218.0101 to 218.0163, Stats., or rules interpreting ss. 218.0101 to 218.0163, Stats., that constitute grounds for the suspension or revocation of their license. The department may also assess points against a licensed dealer, wholesaler, or an applicant for a license when the department has reasonable cause to doubt the licensee or applicant’s financial responsibility or solvency. The department shall provide a licensee or applicant written notice of a point assessment. Written notice of a point assessment shall specify the reasons for the point assessment, including the issuance of a complaint to revoke or suspend a license, a written stipulation to a conditional license, a civil forfeiture complaint or citation, notice of denial of a license, and a special order issued by the division of hearings and appeals. All points assessed by the department shall remain in effect for the duration of the current licensing period, and any new point assessments shall be added to the existing point total for that licensee throughout the current licensing period.

(b) Effect of point assessments from previous licensing period. The department may assess additional points or carry over points to a new licensing period under the following conditions:

The department may assess additional points for current violations when point assessments in previous licensing periods demonstrate a pattern of violations or repeat offenses.
The department may carry over point assessments from one licensing period to the next period for which a dealer or wholesaler makes application if a significant share of the licensee’s or applicant’s ownership or employees includes persons who were assessed points, or who were directly involved in violations causing points to be assessed, when they were last licensed by the department.

(c) Appeals to eliminate point accumulations. A licensee may, after 12 months of posting additional security, submit to the department evidence of eliminating the compliance or financial problems cited by the department when it assessed points, and ask that the department reduce or eliminate the licensee’s current points. The licensee may submit only one request regarding the same point assessments during the licensing period.

(d) Point assessments. The department may assess points according to the following table:

(3) Determining annual vehicle sales. For the purpose of using the table in sub. (1), the number of vehicles sold per year may be defined as any of the following:

(a) Total number of motor vehicles sold at retail during the previous 12 months from the date requested by the department, the most recent calendar year, the most recent fiscal year when the dealer had been licensed, or the most recent year represented on the licensee’s application, at the discretion of the department.

(b) Projected number of motor vehicles to be sold at retail during the next 12 months, based on the business’ most recent quarterly sales.

(c) Projected number of motor vehicles to be sold at retail during the next 12 months, based on the best information available to the department.

(4) Appeals.

(a) A person adversely affected by any of the following actions may request an informal hearing from the department before the action becomes effective:

The issuance of written notice assessing points under this section.
The issuance of written notice requiring supplemental security under this section.

(b) A request for informal hearing on an action under par. (a) shall be made in writing and shall be filed with the department within 10 days after the licensee or applicant receives notice of the department’s action.

(c) If the department receives a written request for an informal hearing, the department shall conduct a prompt informal hearing before a department employee or official who was not personally involved in the investigation or decision to take the action, and who has the authority to withdraw, modify or correct the action as necessary. The informal hearing shall be conducted within 10 business days after a request for informal hearing is received by the department, unless the person requesting the informal hearing agrees to a later date. An informal hearing may be conducted by telephone or at the department’s offices.

(d) Within 5 business days after the conclusion of an informal hearing, the department shall issue a brief written memorandum which summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of this memorandum shall be provided to the person requesting the informal hearing.

(e) The department’s decision is final, and no further appeals may be submitted or considered.

Note: If the department initiates an action to deny, suspend, or revoke a license because of failure to obtain supplemental security, the affected licensee or applicant is entitled to a full evidentiary hearing before the division of hearings and appeals, pursuant to subch. I of ch. 227, Stats.

History

Cr. Register, February, 1996, No. 482, eff. 3-1-96; corrections in (2) (a), (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 140.028 When financial information is required {#sec-trans-140.028 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.028}

(1) The department may require a motor vehicle dealer or any other business licensed under ch. 218, Stats., or any applicant for such licenses, to submit information relating to its financial standing, solvency, or responsibility under any one of the following circumstances:

(a) The department has reasonable cause to doubt the financial responsibility of the applicant or licensee.

(b) The department has reasonable cause to doubt the applicant or licensee’s compliance with ch. 218, Stats., or its related rules, where the violation constitutes grounds for suspension or revocation of a license. “Reasonable cause” includes a situation in which the licensee, applicant or employees of the licensee or applicant have been found by the department to have violated ch. 218, Stats., or rules interpreting ch. 218, Stats., anytime during the current or the immediately previous licensing period.

(c) The applicant or licensee is a motor vehicle salvage dealer that has not supplied a bond per s. 218.21 (4) (a), Stats., under the conditions specified in s. 218.0114 (20) (b), Stats.

(d) The applicant or licensee is a recreational vehicle dealer.

(e) The applicant or licensee is a wholesaler.

(f) The applicant or licensee is a moped dealer.

(2) Failure to provide the financial information required under sub. (1) shall be grounds for denial or revocation of the license.

Note: Provisions for protection of trade secrets are found in ss. 19.36 (5), 134.90 (1) (c) and 218.0114 (20) (c), Stats.

History

Cr. Register, February, 1996, No. 482, eff. 3-1-96; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 140.03 Balance sheet information {#sec-trans-140.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.03}

(1) If required by the department, licensees or applicants shall submit a balance sheet dated not more than 90 days prior to the date of submission, that is prepared in accordance with generally accepted accounting principles. A small business as defined in s. 227.114, Stats., which does no interim financial reporting may submit a balance sheet from the close of the business’ most recent fiscal year. The balance sheet shall contain the following:

(a) Assets.

(b) Liabilities.

(d) The signature of one of the corporate officers, partners, or owners.

(e) The name of any financial institution used by the applicant.

(f) A schedule of securities owned, if any.

(g) A schedule of real property held, its fair market value, book value and the amount and terms of any indebtedness.

(2) Pro-forma statements shall not be accepted.

(3) If the department determines that there has been a misstatement on a financial statement, the misstatement shall be grounds for denial or revocation of the license.

Note: Form MVD-2195 Financial Statement.

History

Cr. Register, March, 1985, No. 351, eff. 4-1-85; am. (1) (intro.), (e) and (g), Register, February, 1996, No. 482, eff. 3-1-96.

Wis. Admin. Code § Trans 140.04 Asset reporting {#sec-trans-140.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.04}

(1) Valuation. The financial statement shall present assets in terms of historical cost or book value of assets. In lieu of a statement presented with historical cost of fixed assets or book value of assets, the department shall consider a statement presenting fair market value information of fixed assets if clearly labeled and accompanied by an appraisal report of a certified appraiser or tax appraisal.

(2) Cash. Whenever a substantial portion of the assets of an entity is in the form of cash, confirmation of the amount is required from the financial institution holding the cash.

(3) Receivables. When a substantial portion of the assets of an entity are in the form of receivables from another individual, partnership or corporation, all or part of the receivables shall be discounted in considering the net worth of the applicant. In order to evaluate the quality of a receivable, a financial statement from the individual, partnership or corporation may be required. In no case will the department discount factory receivables.

(4) Inventory. The financial statement shall include the number of units in inventory and the number of units floor planned or used for loan collateral. A GAAP presentation of inventory values would not allow for the use of a reserve account for balance sheet information compiled for external purposes. As an exception to a GAAP presentation, the department will allow the use of a reserve account to accurately assess the value of inventory.

(5) Certain assets not to be considered. The department shall not consider the following assets in evaluating the financial statement of an applicant:

(a) As specified in s. 815.20, Stats., equity in homestead property up to $25,000;

(b) As specified in s. 815.18, Stats., items of personal property which are exempt from execution;

(d) Leasehold improvements; and

(e) All other assets subject to prior liens, security agreements, or other pledges.

History

Cr. Register, March, 1985, No. 351, eff. 4-1-85.

Wis. Admin. Code § Trans 140.05 Liability reporting {#sec-trans-140.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.05}

(1) Reporting. All liabilities and contingent liabilities shall be reported. The terms, amount and conditions of any major liabilities shall be separately scheduled. This schedule should show the names of individuals or institutions who hold the debt, the amount of debt, and the terms of repayment. A list of customers and the amounts on deposit with the dealer should be attached to the financial statement.

(2) Ratio analysis. A ratio analysis comparing current liabilities with current assets shall be used to evaluate a dealer’s financial potential. Current liabilities which exceed current assets may be grounds for the denial, suspension or revocation of a dealer’s license.

History

Cr. Register, March, 1985, No. 351, eff. 4-1-85; am. (2), Register, February, 1996, No. 482, eff. 3-1-96.

Wis. Admin. Code § Trans 140.06 Net worth reporting {#sec-trans-140.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.06}

(1) Treasury stock. Treasury stock held by a corporation shall be reported separately on the balance sheet and clearly labeled as treasury stock.

(2) Previous profit. Profit from the previous period of operations shall be reported separately in the net worth section of the balance sheet.

(3) Negative net worth. A financial statement with a negative net worth is evidence of lack of financial ability to conduct business and the license shall be denied or revoked.

History

Cr. Register, March, 1985, No. 351, eff. 4-1-85.

Wis. Admin. Code § Trans 140.07 Types of entities {#sec-trans-140.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.07}

(1) Sole proprietorships. A sole proprietorship may report the entire value of assets jointly owned by the sole proprietor and by one or more persons on its financial statement. The financial statement shall be signed by the sole proprietor.

Note: An example of a joint asset would be a home owned by the sole proprietor and the sole proprietor’s spouse.

(2) Partnerships. Partnerships shall submit a statement for the partnership as a whole and individual statements for each of the general partners. If the partnership agreement provides for anything other than an equal sharing by the partners, it shall be prominently noted on the statements. The provisions of sub. (1) relating to the listing of jointly owned assets also apply to this subsection.

(3) Corporations. A financial statement is required for the corporation which will hold the license. A financial statement of a controlling corporation, parent corporation or an interlocking corporation may be submitted, but shall not be substituted for the financial statement of the applicant.

History

Cr. Register, March, 1985, No. 351, eff. 4-1-85; 2013 Wis. Act 363: renum. (3) (a) to (3), r. (3) (b) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 140.08 Copies required {#sec-trans-140.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.08}

Salvage dealers, motor vehicle wholesalers, and moped dealers shall file one copy of their financial statement with the department. All other dealers shall file their financial statements in duplicate. The department shall forward the duplicate copy to the co-licensor, the office of the commissioner of banking.

History

Cr. Register, March, 1985, No. 351, eff. 4-1-85.

Wis. Admin. Code § Trans 140.09 General requirements {#sec-trans-140.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.09}

(1) Operating statement. If required by the department, the applicant shall submit an income statement or other financial statement. The department may require a dealer to submit updated financial information during the license year if questions arise regarding the dealer’s financial condition.

(2) Acceptable net worth.

(a) The following guidelines are used in determining the acceptable level of net worth of an applicant:

(b) The department may deny the license of an applicant who fails to meet the net worth criteria set out in par. (a).

History

Cr. Register, March, 1985, No. 351, eff. 4-1-85; r. and recr. (2) (a), Register, February, 1996, No. 482, eff. 3-1-96; 2013 Wis. Act 363: am. (2) (a) Register May 2014 No. 701, eff. 6-1-14.

Subchapter II Claims Against Bonds of Department Licensees

Wis. Admin. Code § Trans 140.20 Definitions {#sec-trans-140.20 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.20}

The terms used in this subchapter shall have the same meanings as in ch. 218, Stats., except as specifically provided below:

(1) “Claim arose against the bond or letter of credit of a licensee” means a situation in which a cause of action has accrued against the licensee. Unless otherwise provided by statute, a cause of action accrues where there exists a claim capable of present enforcement, a suable party against whom it may be enforced, and a party who has a present right to enforce it. A tort claim accrues when the injury is discovered or reasonably should have been discovered.

Note: See ch. 893, Stats., and cases thereunder, governing the applicable statutes of limitation, and determination of the date when a cause of action accrues.

(2) “Commercial customer” means a private person who buys or agrees to buy one or more motor vehicles from the licensee for the person’s business or commercial use. A private person who sells, trades, or consigns to the licensee a motor vehicle used by the person primarily for business or commercial purposes is also a commercial customer.

(3) “Financial institution” means any person or organization authorized to do business under any state or federal law relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan associations, credit unions and sales finance companies. A credit corporation or similar financing organization of a motor vehicle manufacturer, factory branch, distributor or dealer is a financial institution. Any person who floor plans motor vehicles is a financial institution.

(4) “Floor plan” means to make a financing arrangement for the lending of money to a motor vehicle dealer so that he or she may purchase a motor vehicle to include in his or her inventory; the loan being secured by the motor vehicle while in the dealer’s possession and to be repaid when the motor vehicle is sold.

(5) “Motor vehicle” shall have the same meaning as s. 218.0101 (22), Stats., and includes mobile homes as defined by s. 218.0114, Stats. For the purposes of this subchapter, a moped as defined by s. 218.40 (2), Stats., is also a motor vehicle.

(6) “New motor vehicle” shall have the same meaning as s. Trans 137.03 (7).

(7) “Private person” means a person not licensed under ch. 218, Stats., and not required to be so licensed, for the purpose of the transaction from which the person’s claim arises. A financial institution, or a motor vehicle manufacturer, factory branch, factory representative, distributor, distributor representative, or a motor vehicle, mobile home, moped, salvage, trailer or auction dealer or a salesperson employed by such dealer is not a private person.

(7m) The “period covered by the security” is co-extensive with the biennial license, issued under ch. 218, Stats., which is conditioned on providing the security in question. If the biennial license is extended by operation of s. 227.51 (2), Stats., the period covered by the security also is extended and remains co-extensive unless sooner cancelled by the surety.

Note: Forms for bonds and letters of credit are available from the Dealer Section, Department of Transportation, P.O. Box 7909, Madison, Wisconsin 53707.

(8) “Retail customer” means a private person buying or agreeing to buy one or more motor vehicles from the bonded licensee for the private person’s personal, family or household use. A person buying or agreeing to buy a motor vehicle or mobile home to be used primarily for business or commercial purposes is not a retail customer. A private person who sells, trades, or consigns to the bonded licensee a motor vehicle used personally or by the person’s family or household, and not used primarily for business or commercial purposes, is a retail customer.

(9) “Secured party” means a lender, seller or other person, whose claim is based on a transaction in which there is, or was, a security agreement creating a security interest in the lender’s, seller’s or person’s favor, even if that interest is not sufficient to satisfy the claim. A person able to claim a lien under ss. 779.41, 779.415, or 779.43 (3), Stats., is a secured party.

History

Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; r. (1), renum. (1m) to be (1) and am., am. (2) and (7m), Register, February, 1996, No. 482, eff. 3-1-96; corrections in (5) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 22-048: am. (7) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 140.21 Allowed claims {#sec-trans-140.21 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.21}

(1) A claim is an allowable claim if it satisfies each of the following requirements and is not excluded by sub. (2) or (3):

(a) The claim shall be for monetary damages in the amount of an actual loss suffered by the claimant.

(b) The claim arose during the period covered by the security.

(c) The claimant’s loss shall be caused by an act of the licensee, or the claimant’s agents or employees, which is grounds for suspension or revocation of any of the following:

A salesperson license or a motor vehicle dealer license, in the case of a secured salesperson or motor vehicle dealer, pursuant to s. 218.0116 (1) (a) to (gm), (im) 2., (j), (jm), (k), (m) or (n) to (p), Stats.
A recreational vehicle dealer license, in the case of a bonded recreational vehicle dealer, pursuant to s. 218.11 (6), Stats.
A salvage dealer license, in the case of a bonded salvage dealer, pursuant to s. 218.22 (3), Stats.
An auction dealer license, in the case of a bonded auction dealer, pursuant to s. 218.32 (3), Stats.
Any other license issued by the department under ch. 218, Stats., in any other case, including that of a bonded manufacturer, distributor, distributor-wholesaler, or trailer dealer, pursuant to s. 218.0116 (1), Stats.

(d) The claim must be made within 3 years of the last day of the period covered by the security. The department shall not approve or accept any surety bond or letter of credit which provides for a lesser period of protection.

Note: This paragraph does not supersede any applicable provision of ch. 893, Stats., and does not limit the liability of the licensee in any way.

(2) The following claims shall be disallowed:

(a) Any claim by a claimant licensed under ch. 218, Stats., or required to be so licensed.

(b) Any claim by the licensee, the licensee’s employing dealer, if any, or the licensee’s agents, partners, stockholders or employes.

(c) Any claim arising from activities of the licensee which are not regulated by the department under ch. 218, Stats., specifically including, without limitation, claims for rent, mortgage payments, wages, commissions, personal services rendered and commercial transactions not directly related to the sale or purchase of a motor vehicle.

(d) Any claim by a manufacturer, factory branch, factory representative, distributor or distributor representative involving the sale or delivery of a new motor vehicle to the licensee.

(e) Any claim for interest or penalties, legal costs, attorney fees, or punitive damages except as otherwise expressly provided in sub. (5).

(f) Any claim by a financial institution or secured party.

(3) Any of the following acts by a claimant, as determined by the department, may be grounds for disallowing a claim:

(a) Making or offering a false statement, false or altered document, or other misrepresentation in support of a claim against the security;

(b) Making a claim based in whole or in part upon a transaction or an act by the claimant which is unlawful or contrary to statute, regulation or administrative rule, as determined by the department.

(d) Failure of the claimant to cooperate in the investigation of the claimant’s claim, including failure to provide additional supporting documentation or evidence for a claim or to provide other explanatory materials when that information is requested by the department and is readily available to, or known to, the claimant or is in the claimant’s possession or control.

(4) A claim may be allowed in part and disallowed in part.

(5)

(a) When a claimant is unable to obtain title to a motor vehicle because the licensee who held the vehicle for sale created a security interest in the motor vehicle and a manufacturer or financial institution is holding the title or Manufacturers Certificate of Origin (MCO) to ensure payment by the licensee at the time of sale, the claimant’s reasonable expenses, including legal costs and attorney fees, in obtaining requisite title documentation, are allowable claims against the security of the licensee.

(b) As alternatives to making the claim described in par. (a), a claimant in such a case may instead do any of the following:

Rescind the purchase contract and make a claim against the security of the licensee for the full purchase price of the vehicle.
Make a claim against the security of the licensee for the cost of a title bond prescribed by s. 342.12 (3) (b), Stats.
Make any other allowable claim for damages.

History

Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; am. (1) (a) to (c) 4., (d), (2) (a) to (e), (3) and (5) (a) to (b) 2., r. (1) (c) 5., renum. (1) (c) 6. to be 5., Register, February, 1996, No. 482, eff. 3-1-96; corrections in (1) (c) 1., 5. made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 140.22 Priority of claims {#sec-trans-140.22 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.22}

Allowable claims against the security shall be assigned to one of the following priority classes:

(1) Salesperson, motor vehicle and recreational vehicle dealer securities. The priority classes of allowable claims against the security of any licensee except a wholesaler, salvage or auction dealer, in order of their priority, are as follows:

(a) Claims of retail customers including, without limitation, claims arising from a particular motor vehicle purchase from the licensee or from a particular motor vehicle sale by the licensee, claims for repairs warranted by the licensee, claims for failure to furnish title to a motor vehicle, claims for deposits against an uncompleted motor vehicle purchase transaction, and claims for the failure of the licensee to pay the claimant for a trade-in, a motor vehicle purchased by the licensee, or a consigned vehicle not returned to the consignor upon request.

(b) Claims of commercial customers including, without limitation, claims arising from a particular motor vehicle purchase from the licensee or from a particular motor vehicle sale by the licensee, claims for repairs warranted by the licensee, claims for failure to furnish title to a motor vehicle, claims for deposits against an uncompleted motor vehicle purchase transaction, and claims for the failure of the licensee to pay the claimant for a trade-in, a motor vehicle purchased by the licensee, or a consigned vehicle not returned to the consignor upon request.

(2) Wholesaler, salvage and auction dealer bonds. The priority classes of allowable claims against a wholesaler bond, a salvage dealer bond or an auction dealer bond, in order of their priority, are as follows:

(a) Claims arising from transactions involving the sale or purchase of a particular motor vehicle, excluding the claims of a secured party, a financial institution, the department of revenue or the department of transportation.

(b) All other allowable claims, including claims of the department for title and registration fees.

History

Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; am. (intro.), (1) (intro.) to (b), (2) (intro.) and (b), r. (1) (d) to (f), Register, February, 1996, No. 482, eff. 3-1-96.

Wis. Admin. Code § Trans 140.23 Payments on allowed claims {#sec-trans-140.23 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.23}

(1) The amount paid on each allowed claim shall be determined by the priority class of the claim. All claims in the same priority class shall be treated alike, beginning with the claims of the first priority class, as follows:

(a) The total amount necessary to pay all claims of the class in full shall be determined.

(b) If enough funds are available under the bond or letter of credit to do so, all claims of the class shall be paid in full.

(c) If, after all allowed claims of a class have been paid in full, funds remain available to pay additional claims, the allowed claims of the next priority class shall be paid, in accordance with pars. (a) to (d).

(d) If insufficient funds are available to pay all claims in a class, then each claim of the class shall be prorated according to the following formula:

(2) When a class of claims has been prorated because there are insufficient funds available to pay the claims of the class in full, no payments shall be made upon allowed claims of the successive priority classes.

(3) The aggregate total of all payments on all claims may not exceed the total amount of the bond or letter of credit available for payment of claims.

History

Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; am. (1) (a) to (c) and (3), Register, February, 1996, No. 482, eff. 3-1-96.

Wis. Admin. Code § Trans 140.24 Making claims {#sec-trans-140.24 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.24}

(1) Each claim shall be in writing and shall include all of the following:

(a) The name and address of the claimant and a telephone number where the claimant can be reached during normal business hours.

(b) A description of the nature of the claim and the transaction from which the claim arose, including any specific acts of the dealer which are grounds for suspension or revocation of the dealer’s license under ch. 218, Stats.

(d) The dollar amount of each separate loss or item of damage included in the total amount of the claim.

(e) Copies of all documents related to the transaction from which the claim arose.

(f) A statement of the status of any lawsuit regarding the claim and filed by the claimant against the licensee, including the name of the case, case number, court and a copy of any judgment entered.

(g) A description of the security interest, if any, held by the claimant including a copy of any security agreement related to the transaction from which the claim arose and a description of the secured property.

(h) A description of any licenses held by the claimant, if the claimant is licensed under ch. 218, Stats.

(i) A statement of whether the claimant is a retail customer, commercial customer, motor vehicle manufacturer, factory branch, factory representative, distributor, distributor representative, dealer, salesperson or a financial institution.

(j) A statement of whether the claimant is the licensee, the claimant’s employer agent or employee.

(2) The department may adopt and provide forms for use by claimants.

Note: Copies of the form for making claims, MV-2542, Claim Against Bond of Licensee, are available from the Dealer License Section, Department of Transportation, P.O. Box 7909, Madison, Wisconsin 53707.

History

Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; am. (1), Register, February, 1996, No. 482, eff. 3-1-96.

Wis. Admin. Code § Trans 140.25 Payment by surety or financial institution {#sec-trans-140.25 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.25}

(1) The surety or financial institution may, at any time, pay the amount of the bond or letter of credit to the department.

(2) The department shall hold all payments on a particular bond or letter of credit in a separate account. This separate account may be interest bearing. The department may retain interest earned, if any, but shall not otherwise make any charges against the bond or letter of credit for administering the bond or letter of credit and determining claims against it.

(3) If payment from the surety or financial institution is not received prior to, or during, the determination of claims by the department as provided in s. Trans 140.26, the department shall, after the final determination of timely claims, demand payment on the bond or letter of credit from the surety in an amount equal to the lesser of the face value of the bond or the aggregate total of the claims determined to be allowed. The surety or financial institution shall pay the amount demanded to the department within 30 days. The department may execute an appropriate written release for the surety or financial institution, if the surety or financial institution so requests, after payment is received.

(4) If a surety or financial institution fails to tender the amount of the bond or letter of credit to the state, or to make timely payment of the amount demanded as provided in sub. (3), or otherwise fails to observe the provisions of this chapter, then the department may, in addition to any other available remedy, revoke its acceptance of the surety or financial institution as adequate to provide any bond or letter of credit of any persons secured under any statute or rule administered by the department. The department shall notify the surety company or financial institution of its intent to revoke its acceptance of the surety or financial institution. The surety company or financial institution may, within 30 days of such notice, request a hearing before the secretary or the secretary’s designee, prior to revocation of the department’s acceptance of the surety or financial institution.

Note: Final determinations of the department are subject to judicial review pursuant to ss. 227.15 to 227.21, Stats.

History

Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; am. Register, February, 1996, No. 482, eff. 3-1-96.

Wis. Admin. Code § Trans 140.26 Procedure for determination of claims against the dealer bond or letter of credit {#sec-trans-140.26 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.26}

(1) Petition for ruling.

(a) Any claim made against the bond or letter of credit of a licensee, any request by a surety for a department determination of a claim, any notification of the department by a licensee of the licensee’s termination of business, any filing of a bankruptcy petition by a licensee, or any payment of any part of a bond or letter of credit by the surety or financial institution to the department may be regarded by the department as a petition for declaratory ruling under s. 227.41, Stats.

(b) If the petition does not initially comply with the required format of s. 227.41 (2), Stats., the department may request that the additional materials needed to satisfy s. 227.41 (2), Stats., be furnished.

(2) Notice of petition.

(a) The department shall provide notice to all interested parties by publishing notice, pursuant to s. 985.07 (1), Stats., in a newspaper of general circulation in the area of the licensed address of the licensee and by mailing notice to all interested parties known to the department.

(b) The notice required in par. (a) shall include:

The name of the licensee.
The amount of the bond or letter of credit.
The period of time covered by the bond or letter of credit.
The deadline for the submission of claims against the bond or letter of credit.
The address from which to request claims forms and to which to submit claims.
The date and the place for a hearing on all timely but disputed claims.

(3) Deadline for claims. The deadline for the submission of claims shall be 60 days after the final insertion of the published notice required by sub. (2).

(4) Evaluation and investigation.

(a) The department shall evaluate each claim received, request additional documentation or clarification from the claimant as necessary and make a preliminary determination of the allowance, amount and priority class of the claim.

(b) In determining the allowance, amount and priority class of a claim, the department shall give full faith and credit to applicable findings of fact and judgments entered by a court in an action involving the claim in which the claimant and the licensee were opposing parties.

(5) Disputed claims.

(a) Preliminary determination of claims. When a preliminary determination of all claims received prior to the deadline for filing claims is completed, the compilation of all those preliminary determinations shall be sent to each claimant, the surety, if any, and the licensee, who shall all be parties to any hearing under sub. (6). The compilation of preliminary determinations may include an estimate of the amount which would be paid on each claim, in accordance with s. Trans 140.23, if the preliminary determinations are not contested.

(b) Deadline for objection. Each claimant, the surety, if any, or the licensee shall have 30 days from the date the preliminary determination is mailed to the claimant to object to the preliminary determination of the allowance, amount or priority class of any claim.

(c) Notice of objection. The party objecting to a preliminary determination shall furnish timely notice, pursuant to par. (b), of the grounds for the party’s objection to the department, the surety, if any, and the licensee. If the preliminary determination objected to is of a claim by another claimant, timely notice of the grounds for the objection shall also be made by the objector to that claimant.

(d) Adoption of preliminary determinations. If the preliminary determinations are not disputed the scheduled public hearing may be cancelled and the preliminary determinations shall be adopted by the department.

(6) Hearing on claims.

(a) If there is a dispute of a preliminary determination, a hearing shall be held before a hearing examiner appointed by the department. The claimant, surety, licensee, and any party objecting to the preliminary determination of the claim may present evidence, including witnesses and argument.

(b) The hearing shall be scheduled for a date within 120 days of the publication of the notice provided in sub. (2). The hearing may subsequently be rescheduled to another date, time or place at the discretion of the department and upon notice to all claimants, the licensee and the surety, if any.

(7) Hearing examiner determination final. The determination of the hearing examiner regarding the allowance, amount and priority class of each claim shall be the final decision of the department.

(8) Final decision and payment.

(a) The final decision of the department shall be in writing and sent to each claimant, the surety or financial institution and the licensee. Payments from the bond, in accordance with the final decision shall not be made until at least 10 days after the final decision is sent to each party.

(b) The amount paid on an allowed claim shall be determined as provided by s. Trans 140.23.

History

Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; am. (1), (2) (a), (b) 1. to 5., (4) (b), (5) (a) to (c), (6) and (8) (a), Register, February, 1996, No. 482, eff. 3-1-96; CR 22-048: am. (5) (b) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 140.27 Late claims {#sec-trans-140.27 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.27}

If any funds remain in a separate bond or credit account established under s. Trans 140.25 (2), or available under the remaining liability of the surety or financial institution after payment of all timely and allowed claims, the department may accept late claims for determination. After determining all claims received prior to the third anniversary of the end of the period covered by the bond or letter of credit, and after appropriate payment to each claimant has been made, any remaining funds held by the department from the particular bond or letter of credit, excluding interest earned, shall be refunded to the surety or financial institution.

History

Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; am. Register, February, 1996, No. 482, eff. 3-1-96.

Wis. Admin. Code § Trans 140.28 Alternative procedure for determination of claims {#sec-trans-140.28 omnilex-key=us-wi-regs-official--agency-trans--Trans 140.28}

At the discretion of the department, as an alternative to the procedures described in s. Trans 140.26 or 140.27, the department may proceed as necessary to allow any Wisconsin circuit court, or any federal court, having appropriate jurisdiction over any claim by any claimant against the licensee, to hear the claims of all claimants known to the department, to determine the allowance, amount and priority class of each claim and to make awards against the bond or letter of credit in accordance with ss. Trans 140.21 to 140.23.

History

Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; renum. (1) and am., r. (2), Register, February, 1996, No. 482, eff. 3-1-96.

Chapter Trans 141 ELECTRONIC PROCESSING OF MOTOR VEHICLE TITLES AND REGISTRATIONS BY MOTOR VEHICLE DEALERS

Wis. Admin. Code § Trans 141.01 Purpose and scope {#sec-trans-141.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 141.01}

This chapter interprets ss. 218.0116 (1) (gr), 218.0146 (4) and 342.16 (1) (a) and (am), Stats., which requires all licensed Wisconsin motor vehicle dealers to process motor vehicle titles and registrations electronically for vehicles they sell, unless exempted by the department.

History

CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § Trans 141.02 Definitions {#sec-trans-141.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 141.02}

The words and phrases defined in s. 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “APPS” means the automated processing partnership system program established by the DMV, in which DMV contracts with agents and vendors to provide vehicle registration and titling services.

(2) “Certificate of registration” means the certificate of registration as described in s. 341.11, Stats., which documents that the proper vehicle registration fee has been paid for the current registration period.

(3) “Certificate of title” means the certificate of title for a vehicle as required in ch. 342, Stats.

(4) “Department” means the Wisconsin department of transportation.

(5) “DMV” means the Wisconsin department of transportation division of motor vehicles.

(6) “Exempt” means that a dealer is not required or not authorized to process certificates of title or certificates of registration.

(7) “Motor vehicle dealer” or “dealer” means a motor vehicle dealer as defined in s. 218.0101 (23), Stats.

(8) “Process” means to electronically submit applications for certificates of title or certificates of registration and update the DMV vehicle record.

(9) “Vendor” means a person, business or organization that contracts with the DMV to provide a host computer system by which agents may obtain access to specified information services of the DMV in order to process registration and title transactions.

History

CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § Trans 141.03 Requirement to process certificates of title and registration {#sec-trans-141.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 141.03}

(1) Unless exempt under s. Trans 141.06, a licensed Wisconsin motor vehicle dealer shall process certificates of title and registration for motor vehicles sold by the dealer. A licensed motor vehicle dealer may satisfy this requirement by contracting with the DMV under s. Trans 141.04 or by using the e-MV11 Internet-based web application. A motor vehicle dealer not previously licensed in Wisconsin shall begin processing title and registration applications within 30 days after the department approves the dealer’s initial Wisconsin motor vehicle dealer license.

(2) A licensed Wisconsin motor vehicle dealer who processes title and registration applications using the e-MV11 Internet-based web application shall apply to the DMV on the DMV application form and shall comply with all applicable requirements, including those related to persons who have access to information subject to the federal Driver Privacy Protection Act, 18 USC 2721-2725.

Note: Form MV11 can be obtained by writing to or calling GMA Printing, 136 West Main Street, Whitewater, WI 53190--(800) 747-4647 (phone), (262) 473-4575 (fax); Reynolds & Reynolds, 10533 West National Avenue, Suite 205, Milwaukee, WI 53227—(877) 287-3183 (phone), (800) 531-9055 (fax); or WATDASI Forms, P. O. Box 5345, Madison, WI 53705—(800) 236-7672 (phone), (608) 251-5557 (fax).

(3) The motor vehicle dealer shall, if required by the department, furnish a supplemental bond in addition to the bond required for licensing as a motor vehicle dealer under s. 218.0114 (5) (a), Stats., in the following circumstances:

(a) For a dealer that the department determines has insufficient funds to timely pay departmental registration and titling fees.

(b) For a dealer that the department determines has a history of errors in processing certificates of title and registration, or that has a history of not processing certificates of title and registration within statutory time requirements.

History

CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § Trans 141.04 Dealer participation in the APPS program {#sec-trans-141.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 141.04}

(1) A licensed Wisconsin motor vehicle dealer may satisfy its obligations under s. 342.16 (1) (am), Stats., by contracting with the DMV as an agent in the APPS program under s. 341.21 (2), Stats. A dealer who participates in the APPS program shall comply with all of the following:

(a) The motor vehicle dealer shall enter into an agreement with a vendor that is approved by the DMV under ch. Trans 156. A motor vehicle dealer may request service from, and enter into an agreement with, only one vendor.

(b) The motor vehicle dealer shall submit to the DMV a letter on company letterhead requesting appointment as a provider of processing or distribution services for vehicle registration or certificates of title. The letter shall include the legal business name and address of the physical location of the business.

(c) The motor vehicle dealer shall, if required by the department, furnish a supplemental bond in addition to the bond required for licensing as a motor vehicle dealer under s. 218.0114 (5) (a), Stats., in the following circumstances:

For a dealer that the department determines has insufficient funds to timely pay departmental registration and titling fees.
For a dealer that the department determines has a history of errors in processing certificates of title and registration, or that has a history of not processing certificates of title and registration within statutory time requirements.

(d) The motor vehicle dealer shall submit a signed agent contract to the DMV.

(e) The motor vehicle dealer shall be in compliance with all applicable laws governing the applicant’s industry and not be under investigation by any regulatory or enforcement agency for suspected violations of applicable laws or regulations.

(f) The motor vehicle dealer shall employ at least one primary processing person and have at least one other employee trained as a back–up in order to ensure adequate service during business hours and the timely submission to DMV of reports and documentation of registration and titling transactions.

Note: Participation in the APPS program allows a dealer to issue license plates to customers as well as process certificates of title and registration.

(2) The maximum fees that an agent who is a motor vehicle dealer participating in the APPS program may charge a customer shall be specified in the contract under sub. (1) (d). A motor vehicle dealer may charge a customer any amount less than the maximum fee.

History

CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § Trans 141.05 Termination and nonrenewal of APPS dealer contracts {#sec-trans-141.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 141.05}

(1) DMV may terminate or refuse to renew an APPS dealer contract on any of the following grounds:

(a) Failure to provide information requested by DMV relating to the motor vehicle dealer’s financial standing, solvency or compliance with motor vehicle related laws.

(b) DMV has reasonable cause to conclude that the financial responsibility of the dealer licensee as prescribed in ch. Trans 140 is insufficient.

(c) DMV has reasonable cause to conclude that the dealer is not in compliance with ss. 218.0101 to 218.0163, Stats., or rules interpreting ss. 218.0101 to 218.0163, Stats., if the violation constitutes grounds for denial, suspension or revocation of the dealer’s license, stipulation to a conditional license or special order, the assessment of civil forfeitures or fines, or criminal prosecution.

(2) Reasonable cause under sub. (1) includes situations in which any dealer licensee has been found by the department, the division of hearings and appeals, or a court of law, to have violated ch. 218, Stats., or rules interpreting ch. 218, Stats., during the current or immediately preceding licensing period, or when the dealership has not given sufficient assurance that it has taken reasonable steps to prevent the recurrence of similar violations in future licensing periods.

(3) If a dealer’s actions warrant termination of the agent or vendor from the APPS program, DMV shall invoke termination provisions which are stated in the APPS contract between DMV and the agent or vendor. If a dealer is terminated, the dealer may not process certificates of title and registration. The dealer shall pay to the department the surcharge specified in s. Trans 141.07 (2) (b), and shall be subject to sanctions specified in s. Trans 141.06 (1) (c).

(4) If a dealer terminates the dealer’s APPS contract, the dealer remains subject to the requirement of the law to process title and registration applications using the e-MV11 Internet-based web application offered by the department, and to all requirements of this chapter.

History

CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § Trans 141.06 Exemptions from requirement to process certificates of title and registration {#sec-trans-141.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 141.06}

(1) Exempt motor vehicle dealers.

(a) A motor vehicle dealer is not required to process certificates of title and registration if the motor vehicle dealer sells an average of 48 or fewer vehicles per year.

(b) The department shall deny a motor vehicle dealer the authority to process certificates of title and registration for any of the following reasons:

DMV has reasonable cause to conclude that the financial responsibility of the motor vehicle dealer as prescribed in ch. Trans 140, or the dealer’s financial situation, as determined by the department in connection with the department review of dealer licensing requirements is insufficient.
DMV has reasonable cause to conclude that the accuracy or timeliness of the certificate of title and registration transactions performed by the motor vehicle dealer are insufficient.
Failure or refusal of the motor vehicle dealer to provide DMV with any documents or information required for completion of a motor vehicle sales transaction.
DMV has reasonable cause to conclude that the motor vehicle dealer is not in compliance with any provision of written policies and procedures regarding electronic processing, including failure to successfully complete departmental training and technical assistance provided or approved by the department.
Failure to provide information requested by DMV relating to a motor vehicle dealer’s financial standing, solvency or compliance with motor vehicle related laws.
DMV has reasonable cause to conclude that the dealer is not in compliance with ss. 218.0101 to 218.0163, Stats., or rules interpreting ss. 218.0101 to 218.0163, Stats., where the violation constitutes grounds for denial, suspension or revocation of the dealer’s license, stipulation to a conditional license or special order, the assessment of civil forfeitures or fines, or criminal prosecution, including insufficient funds. Reasonable cause includes situations in which any dealer licensee has been found by the department, the division of hearings and appeals, or a court of law, to have violated ch. 218, Stats., or rules interpreting ch. 218, Stats., during the current or immediately preceding licensing period, or when the dealership has not given sufficient assurance that it has taken reasonable steps to prevent the recurrence of similar violations in future licensing periods.

(c) If the department determines that any of the conditions in par. (b) are persistent and present after a reasonable time to cure, the department shall invoke sanctions against the dealer. Sanctions include any of the possible sanctions in s. 218.0116, Stats. A continuum of disciplinary actions may be taken beginning with informal advice, verbal warnings, advisory and warning letters, civil forfeitures, citations, special orders including suspension, denial, or revocation of the dealer’s license to operate as a motor vehicle dealer.

(2) Exempt certificates of title and registration. A motor vehicle dealer is not required to process certificate of title and registration transactions for a vehicle that is prohibited from successful registration processing because of an express limitation on the vehicle title, registration, or customer record, or on the e-MV11 internet-based web application or APPS. For these specifically identified vehicle transactions, the department may not charge a motor vehicle dealer a transaction processing fee for processing applications on behalf of the dealer. A motor vehicle dealer is required to submit certificate of title and registration applications under this subsection to the department within 7 business days after a motor vehicle sale.

Note: DMV will be continually updating the e-MV11 internet-based web application and requiring vendor updating of APPS. As updates are completed, additional transaction types will be mandated for dealer processing. DMV will notify all applicable dealers before new transaction types become subject to mandatory processing.

History

CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § Trans 141.07 Fees {#sec-trans-141.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 141.07}

(1) Fees paid to motor vehicle dealers by consumers. A motor vehicle dealer may charge a fee to consumers for processing certificate of title and registration applications. The fee shall be a reasonable amount, as determined by the department. The fee shall be included in the service fee that the dealer may charge a consumer under s. Trans 139.05 (8) (b). A motor vehicle dealer may not charge the consumer any amount to offset any surcharge that the dealer is required to pay under this section.

(2) Fees paid by motor vehicle dealers to the department.

(a) Any motor vehicle dealer who is not required to process certificates of title and registration under s. Trans 141.06 (1) (a) shall pay the department a fee for each certificate of title and registration transaction that the department processes on behalf of the dealer. The fee is $15 per transaction. If an exempt motor vehicle dealer who is not required to process certificates of title and registration under s. Trans 141.06 (1) (a) submits to DMV by fast service or by a customer service center an application to be processed by DMV, the dealer shall pay the department the $15 transaction fee, in addition to any other required fees such as counter service fee or fast service fee.

(b)

Any exempt motor vehicle dealer who is not authorized to process certificates of title and registration under s. Trans 141.06 (1) (b) shall pay the department a fee for each certificate of title and registration transaction that the department processes on behalf of the dealer. The fee shall include the following:

a. A fee of $15 per transaction to process the transaction.

b. A surcharge of $50 per transaction. The dealer may not charge this surcharge to the consumer.

In addition to the fee and the surcharge that the dealer shall pay to DMV, the department may begin disciplinary actions against the dealer’s license as described in s. Trans 141.06 (1) (c). If an exempt motor vehicle dealer who is not authorized to process certificates of title and registration under s. Trans 141.06 (1) (b) submits to DMV by fast service or by a customer service center an application to be processed by DMV, the dealer shall pay the department the $15 transaction fee and the $50 surcharge, in addition to any other required fees such as counter service fee or fast service fee.

(c)

Any non-exempt motor vehicle dealer who fails to process certificates of title and registration as required under s. Trans 141.03 shall pay the department a fee for each certificate of title and registration transaction that the department processes on behalf of the dealer. The fee shall include the following:

a. A fee of $15 per transaction to process the transaction.

b. A surcharge of $50 per transaction. The dealer may not charge this surcharge to the consumer.

In addition to the fee and the surcharge that the non-exempt dealer shall pay to DMV, the department may begin disciplinary actions against the dealer’s license as described in s. Trans 141.06 (1) (c). If a non-exempt motor vehicle dealer submits to DMV by fast service or by a customer service center an application to be processed by DMV, the dealer shall nevertheless pay the department the $15 transaction fee and the $50 surcharge, in addition to any other required fees such as counter service fee or fast service fee.

(d) The department may not charge a processing fee to any motor vehicle dealer for any transaction that the dealer is not required to process under s. Trans 141.06 (2).

History

CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § Trans 141.08 Records {#sec-trans-141.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 141.08}

(1) A motor vehicle dealer shall forward to the department within one business day after completing processing a transaction all of the following paper documents:

(a) Original certificate of title that was submitted from the prior owner, or original manufacturers statement of origin for a newly titled vehicle.

(b) Copy of the receipt generated by the computer at the completion of the transaction, or the original signed copy of the application for certificate of title.

(c) Original signed odometer statement on the MV11 form if the odometer statement is not included on the certificate of title from the prior owner or on the original manufacturers statement of origin for a newly titled vehicle.

(2) All records required to be kept by a motor vehicle dealer under ch. Trans 138 and this chapter shall be retained for 5 years. The records may be retained in electronic format as determined by the department, or in paper format as determined by the department.

History

CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.

Chapter Trans 142 RECREATIONAL VEHICLE DEALER TRADE PRACTICES, FACILITIES AND RECORDS

Wis. Admin. Code § Trans 142.01 Purpose and scope {#sec-trans-142.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 142.01}

(1) Statutory authority. As authorized by ss. 218.12 (6) and 227.11, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 218.10 (1g), 218.11 (3), (6) (e), (h), (i), (k) and (n) and (7) (c), 218.12 (5) and 342.16 (2), Stats., relating to recreational vehicle dealer trade practices, facilities and records.

Note: The Department of safety and professional services regulates the trade practices, facilities and records of manufactured home dealers.

(2) Applicability. This chapter applies to any person applying for or holding a Wisconsin recreational vehicle dealer or salesperson license.

Note: A form used in administering this rule is the recreational vehicle dealer service agreement.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; am. Register, August, 2000, No. 536, eff. 9-1-00.

Wis. Admin. Code § Trans 142.02 Definitions {#sec-trans-142.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 142.02}

In this chapter:

(1) “Cash price” means dealer asking price including dealer installed options and accessories and additional dealer markup, profit and transportation charges, minus the dollar value of cash discounts.

(2) “Damage” means defects caused by reasons other than normal wear through vehicle age and usage.

(3) “Licensee” means any recreational vehicle dealer, or salesperson, or any person who is both a recreational vehicle dealer and a salesperson.

(4) “Mobile home” has the meaning set forth in s. 340.01 (29), Stats.

(5) “New recreational vehicle” means any untitled or titled recreational vehicle which has not been previously occupied, used or sold for private or business use.

(6) “Recreational vehicle” means a mobile home which in the traveling mode, is 8 feet 6 inches or less in width or 45 feet or less in length, and which is built on a permanent chassis and designed to be towed on a highway by a motor vehicle and equipped and used, or intended to be used, primarily for temporary human habitation or recreational living quarters, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the recreational vehicle. For purposes of this chapter the measurement of length shall be determined in accordance with s. 348.07 (3), Stats.

(7) “Recreational vehicle dealer” means:

(a) A dealer as set forth in s. 218.10 (1g), Stats., but does not include:

A manufactured home retailer as defined in s. Adm 67.02 (7).

Note: Chapter Adm 67 was renumbered ch. Comm 97 eff. 7-1-01. Chapter Comm 97 was repealed eff. 7-1-05.

Governmental units and agents performing their official duties.
Advertising media and agents performing their assigned duties.

(b) A person, not excluded by par. (a), who sells 2 or more new or used recreational vehicles in any one calendar year.

Note: Dealer financial responsibility requirements are specified in ch. Trans 140.

(8) “Retail purchaser” means any purchaser not licensed as a recreational vehicle dealer or salesperson.

(9) “Service agreement” means any repair agreement sold by a licensee.

(10) “Used recreational vehicle” means any untitled or titled recreational vehicle which has been occupied, used or sold for private or business use.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (7) (a) (intro.) and 1., Register, August, 2000, No. 536, eff. 9-1-00.

Wis. Admin. Code § Trans 142.03 Advertising and sales representations {#sec-trans-142.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 142.03}

(1) Truthful. The use of false, deceptive or misleading advertising or representations by any licensee to induce the purchase of a recreational vehicle constitutes an unfair practice and is prohibited.

(2) Factual. Any licensee, making a statement of fact to the public in an advertisement, written statement or representation concerning the recreational vehicle offered for sale, the services provided or other aspects of the business operation, shall upon request of the department, furnish evidence of the validity and accuracy of the statement of fact at the time it was made.

(3) Disclosures required when advertising price. When the price of a recreational vehicle is advertised by a licensee, the advertised price shall include all charges that shall be paid by the purchaser to acquire ownership of the advertised recreational vehicle with the exception of sales tax and title and registration fees.

(4) Name. Advertisements for recreational vehicle sales shall include the licensed business name.

(5) Model year and if used. When advertising a recreational vehicle, a licensee shall state the recreational vehicle’s model year and whether the recreational vehicle is new or used. If all of the recreational vehicles in an advertisement are used, one reference designating that they are used is sufficient.

(6) Expiration terms of sales or promotions. Whenever a sale or promotion offering gifts, merchandise, equipment, accessories, service, discounts, price reductions, or cash is advertised, the advertisement shall also specifically disclose the expiration terms or date of the sale or promotion.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84.

Wis. Admin. Code § Trans 142.04 Purchase contract {#sec-trans-142.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 142.04}

(1) Usage.

(a) All licensees shall furnish retail purchasers with a copy of a document entitled “Recreational Vehicle Purchase Contract” that clearly states that the prospective retail purchaser is making an offer to purchase a recreational vehicle. An exact copy of the purchase contract shall be provided to the purchaser at the time the purchaser signs the offer and again after the offer is accepted by the dealer. Any changes to the purchase contract after signing by the purchaser or subsequent to acceptance by the dealer shall be initialed by all parties on all copies.

(b) A recreational vehicle purchase contract shall be executed whenever the licensee accepts a down payment, deposit or title for a trade-in unit from a prospective retail purchaser.

(2) Contract face requirements. A purchase contract shall, on its face:

(a) Clearly identify the names and addresses of the dealer and purchaser.

(b) Describe the recreational vehicle purchased by year, make, model and identification number, and any trade-in vehicle by year, make, and model, and specify whether the purchased recreational vehicle is new or used.

(d) Include the salesperson’s name and license number in an area separate from the signatures of the purchaser and dealer or authorized representative.

(e) Specify an anticipated delivery date and state further in bold faced type next to the anticipated delivery date: IF THE RECREATIONAL VEHICLE ORDERED BY THE PURCHASER IS NOT AVAILABLE FOR DELIVERY BY THE DEALER WITHIN 15 CALENDAR DAYS AFTER THE ANTICIPATED DELIVERY DATE, THE PURCHASER MAY CANCEL THIS ORDER. THE PURCHASER SHALL RECEIVE A FULL REFUND OF ANY DOWN PAYMENT AND RETURN OF THE TRADE-IN, OR TITLE FOR THE TRADE-IN, OR BOTH BY THE CLOSE OF THE DEALER’S NEXT BUSINESS DAY. IF THE TRADE-IN HAS BEEN SOLD, THE PURCHASER SHALL RECEIVE THE TRADE-IN ALLOWANCE SPECIFIED IN THE OFFER.

(f) Clearly state the price due on closing and the known components of that price, including but not limited to, the price of the recreational vehicle, the price and description of any additional accessories, options, or equipment, sales tax, license and title fees, down-payment, and trade-in allowance. Rebates shall be stated separately by dollar amount and assignment.

(g) Clearly state whether or not the contract is subject to the purchaser obtaining acceptable financing through the dealer or at the creditor of the purchaser’s choice, and how long the purchaser has to obtain financing. If the purchaser is unable to obtain acceptable financing, the purchaser may cancel the contract without penalty and shall, by the close of the dealer’s next business day, receive a full refund of any down-payment, and return of the trade-in, or title for the trade-in, or both. The licensee may delay returning the down-payment beyond the close of the dealer’s next business day only when the purchaser’s personal check or other negotiable instrument has not cleared the payor’s bank. If the check or other negotiable instrument clears, the licensee shall return, in person or by mail, the down-payment to the purchaser within 24 hours of receiving evidence of clearance. If the trade-in has been sold, the purchaser shall receive the trade-in allowance specified in the offer.

(h) Specify all other negotiated conditions of the sale not stated elsewhere on the contract.

(3) Termination of the offer.

(a) Unless otherwise specified in the contract, the offer to purchase is automatically voided if the licensee fails to accept or reject the offer by the close of the dealer’s next business day.

(b) The licensee shall not sell the recreational vehicle to any other party until either the offer is rejected by the licensee, or the offer is voided in accordance with this section, or the purchaser cancels the contract in accordance with sub. (4).

(c) Any down payment, deposit, or title shall be returned to the prospective retail purchaser within 2 working hours from the time the offer to purchase is rejected by the licensee. If the prospective purchaser is not present or available during the 2 hour period, those items shall be returned in person or mailed by the close of the dealer’s next business day.

(4) Penalties for cancellation by purchaser.

(a) The purchase contract shall clearly state that cancellation of a recreational vehicle contract by a purchaser within 24 hours after acceptance by the dealer may subject the purchaser to a penalty of up to 2% of the cash price of the recreational vehicle and that cancellation of the recreational vehicle contract by the purchaser after the 24 hour period may subject the purchaser to penalty of up to 5% of the cash price of the recreational vehicle. Modification of the purchase contract shall not extend the 24 hour period. Documented proof of notification of cancellation is required regardless of the method of notification.

(b) The title and any down-payment or deposit which is not retained by the dealer as a penalty in accordance with par. (a) shall be returned to the purchaser by the close of the dealer’s next business day following receipt of the purchaser’s notice of cancellation.

(5) Price changes. Any increase in price to a retail purchaser after the dealer has accepted an offer is an unfair practice and prohibited except when the price increase is due to:

(a) The addition of new equipment as required by state or federal law, or

(b) State or federal tax rate changes, or

(c) The reappraisal of a trade-in unit which has suffered damage as defined in this chapter or is missing parts or accessories which were part of the trade-in unit at the time the purchase contract was executed. Reappraisal by the licensee shall be limited to an amount equal to the retail repair costs of damages incurred, or to the value of the parts or accessories removed.

(d) The reappraisal of a trade-in unit when the model year or dimensions of the trade-in unit were misrepresented by the purchaser. Reappraisal by the licensee shall be limited to the difference between the fair market value of the trade-in unit and the trade in allowance specified on the purchase contract.

(6) Warranties.

(a) Reference to any warranties, service agreements, or warranty disclaimers which apply to the recreational vehicle shall be made on the purchase contract.

(b) If a recreational vehicle is sold with a warranty, the warranty shall be in writing and shall be provided to the purchaser at the time the recreational vehicle is delivered.

(c) If a recreational vehicle is sold on an as is - no warranty basis, the purchase contract shall include the following statement in bold faced type: “AS IS—NO WARRANTY”—“EXCEPT FOR ANY EXPRESSED OR IMPLIED WARRANTY BY THE MANUFACTURER OR OTHER THIRD PARTY WHICH EXISTS ON THIS RECREATIONAL VEHICLE, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE RECREATIONAL VEHICLE IS WITH THE PURCHASER, AND SHOULD THE RECREATIONAL VEHICLE PROVE DEFECTIVE FOLLOWING THE PURCHASE, THE PURCHASER SHALL ASSUME THE ENTIRE COST OF ALL SERVICING AND REPAIR.”

(d) A warrantor shall service or repair a recreational vehicle in accordance with the terms and conditions of the warranty or service agreement.

(8) Waiver. The use of a recreational vehicle purchase contract which requires the purchaser to waive any claims the purchaser may have for breach of contract by the licensee is an unfair practice and prohibited.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; 2017 Wis. Act 59: r. (7) Register October 2017 No. 742, eff. 9-23-17.

Wis. Admin. Code § Trans 142.05 Consignment agreements {#sec-trans-142.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 142.05}

(1) Usage and contents. Whenever a recreational vehicle dealer offers for sale a recreational vehicle on consignment, a written consignment agreement shall be completed and shall include:

(a) The date of the consignment agreement,

(b) The name of the recreational vehicle owner and dealer, and any other parties to the agreement,

(d) The terms of the agreement including the duration of the agreement, the selling price, the amount of the sales commission or fee, and when the sales commission or fee is to be paid,

(e) A statement by the owner indicating that either the recreational vehicle is clear of any liens, or the amount of any outstanding lien balance, and

(f) Signatures of the recreational vehicle owner and selling dealer.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84.

Wis. Admin. Code § Trans 142.06 Disclosure of the condition of the recreational vehicle {#sec-trans-142.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 142.06}

(1) Model year designation. Changing the model year of a recreational vehicle is an unfair practice and prohibited. If no model year is designated, the year of manufacture applies.

(2) New recreational vehicle disclosure. The licensee shall, on the face of a new recreational vehicle purchase contract, disclose all dealer installed options or accessories and whether or not the options or accessories are warranted.

(3) Used recreational vehicle general condition disclosure.

(a) Licensees shall inform prospective retail purchasers of used recreational vehicles in writing before execution of the purchase contract in the manner and on the form prescribed by the department, of all significant structural or mechanical defects and damage. Disclosure of information shall include that which the licensee discovers as a result of a careful visual inspection, which shall consist of but is not limited to a walk-around and interior inspection, under vehicle inspection, roof inspection and an inspection of the appliances. Licensees shall not be required to dismantle any part of the recreational vehicle during the inspection process.

(b) Unless otherwise agreed to in the purchase contract, the inspection disclosures shall neither create any warranties, expressed or implied, or affect warranty coverage provided for in the purchase contract.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84.

Wis. Admin. Code § Trans 142.07 Dealer facilities and records {#sec-trans-142.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 142.07}

(1) Dealer business facilities. Business facilities required to be provided and maintained by recreational vehicle dealers are as follows:

(a) A building with a business office to maintain the books, records and files necessary to conduct business. The required business office may be established within a residence if it is accessible to an outside entrance and is used primarily for conducting the recreational vehicle business.

(b) If a display lot is provided, it shall be within the same block or directly across the street from the main business location.

(c) A repair shop, or a service contract with a nearby repair shop, where there are repair tools, repair equipment and personnel to perform the services provided for in a warranty applicable to a recreational vehicle sold by the dealer. Any service contract shall be on the form provided by the department.

(2) Zoning. The business premises shall comply with the local zoning, building code and permit requirements.

(3) Sign. Recreational vehicle dealers who carry and display inventory shall provide an exterior business sign in compliance with s. 100.18 (5), Stats.

(4) Temporary sales locations. Recreational vehicle dealers shall be permitted to display and sell recreational vehicles at a temporary site other than the licensed place of business, providing that:

(a) Each dealer furnishes the department with written notification of the sale and location at least 10 days in advance; and

(b) The duration of each sale does not exceed 10 days; and

(d) Each participating dealer furnishes each consumer a written notice of the 3-day “cooling off” rights pursuant to s. 423.203, Stats.

(5) Records kept. The minimum of books and records required to be kept and maintained at the licensed business premises by recreational vehicle dealers under ss. 218.11 (3) and (7) (c) and 342.16 (2), Stats., shall include:

(a) The title for each used recreational vehicle owned and offered for sale and the manufacturer’s statement of origin for each new recreational vehicle owned and offered for sale. The dealer shall also have either a factory invoice, a completed retailer reassignment form, or a purchase contract evidencing trade-in or purchase when a manufacturer or lending institution is holding the title or manufacturer’s statement of origin of the recreational vehicle.

(b) A written consignment agreement between the owner and dealer for each recreational vehicle owned by an individual and offered for sale by the dealer.

(c) The original or a copy of all recreational vehicle purchase contracts, purchase orders and invoices. The records shall also include a copy of Wisconsin title and registration application forms submitted to the department as additional evidence of the sale as well as information regarding collection of Wisconsin title and registration fees.

(d)

The following information shall be kept on every recreational vehicle bought, sold, exchanged or consigned:

a. Date of acquisition of the vehicle.

b. Name and address of the person from whom the vehicle was acquired.

c. Whether the vehicle was new or used.

d. The year, make and vehicle identification number, or VIN, of the vehicle.

e. The date of the disposition of the vehicle.

f. The name and address of the person to whom any vehicle was disposed.

Persons requiring a license who do not maintain their records in an electronic data processing record keeping system shall maintain the information required in subd. 1. in a permanently bound book containing consecutively pre-numbered pages with horizontal line ruling. Initial entries shall be made immediately when each recreational vehicle is acquired. Sales information shall be entered on the same line at the time of the sale. All entries shall be consecutively entered in ink and be legible. Blank horizontal lines shall not be allowed. The information should be maintained in the following format:
Persons requiring a license who maintain their records in an electronic data record keeping system shall maintain the information required in subd. 1. in compliance with the following requirements:

a. One record shall contain all of the information specified in subd. 1.

b. Initial entries shall be made immediately when each recreational vehicle is acquired.

d. All records shall be retrievable during the inspection and a printer shall be kept on site to provide hard copy if requested. Hard copy shall include all information in the same format as specified in subd. 2. Horizontal and vertical lines are not required.

e. An employee of the person requiring a license shall be available to retrieve the records during the hours of operation of the business.

(e) The information as specified in par. (d) shall be maintained for 5 years, as required by s. 342.16, Stats., and all other required records shall be maintained for a period of 5 years from the date of sale, including facsimile copies of factory invoices, dealer reassignment forms, consignment agreements, purchase contracts, MV1 and MV11 Wisconsin title and registration applications, used recreational vehicle disclosure labels, regular and conforming power of attorney forms, and for motor vehicles taken in trade, prior owner odometer disclosure statements and dealer’s subsequent odometer disclosure statements. The records shall be kept in the place of business during business hours and shall be open to inspection and copying by the department during reasonable business hours.

(f) Persons requiring a license who maintain their used vehicle records as specified in par. (d) in an electronic data processing record keeping system can satisfy the record retention requirement in par. (e) with hard copy of their records when memory limitations of the electronic system prohibit electronic storage for the specified period. Hard copy shall meet the following requirements:

Hard copy shall include only those records of vehicles that have been disposed of. Incomplete records of vehicles acquired and still in inventory must be maintained on the electronic system until disposed of and the record is completed.
Hard copy shall include all information in the same format as specified in par. (d) 2. Horizontal and vertical line ruling shall not be required.
Hard copy shall be printed in the order of the date acquired and each report shall contain at least 12 consecutive months of vehicle acquisitions.
Hard copy shall contain system generated page numbers and the current date on every page.

Note: Dealer financial responsibility requirements are specified in ch. Trans 140.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; renum. (5) (d) to be (5) (d) 2. and am., cr. (5) (d) 1. and 3., (f), am. (5) (e), Register, January, 1996, No. 481, eff. 2-1-96; 2013 Wis. Act 363: am. (5) (c) Register May 2014 No. 701, eff. 6-1-14.

Chapter Trans 143 STANDARDS FOR CERTIFICATION OF MOTOR VEHICLE MANUFACTURERS’ INFORMAL DISPUTE SETTLEMENT PROCEDURES

Wis. Admin. Code § Trans 143.01 Purpose and scope {#sec-trans-143.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.01}

(1) Statutory authority. As authorized by s. 218.0171 (4) (a), Stats., the purpose of this chapter is to specify the process and requirements for the certification of informal dispute settlement procedures by the department of transportation as specified by s. 218.0171 (4) (a), Stats.

(2) Applicability. This chapter applies to any motor vehicle, as defined in s. 218.0171 (1) (d), Stats., with respect to which the contract to purchase was entered into on or after April 22, 1986.

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 143.02 Definitions {#sec-trans-143.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.02}

Words and phrases defined in ch. 340, Stats., have the same meaning in this chapter unless a different definition is specified. In this chapter:

(1) “Certified mechanism” is a manufacturer’s informal dispute settlement procedure for resolving consumer allegations of non-conformities in motor vehicles covered under the provisions of s. 218.0171 (2) (b), Stats., which has been reviewed and approved by the department of transportation as meeting the requirements specified in this chapter.

(2) “Consumer” means any of the following:

(a) The purchaser of a new motor vehicle, if the motor vehicle was purchased from a motor vehicle dealer for purposes other than resale;

(b) A person to whom the motor vehicle is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motor vehicle;

(d) A person who leases a motor vehicle from a motor vehicle lessor under a written lease.

(3) “Demonstrator” has the meaning set forth in s. 218.0171 (1) (bd), Stats.

(4) “Decision maker” means the person or persons within a certified mechanism actually deciding disputes.

(5) “Dispute” means an unresolved complaint initiated by a consumer which alleges a non-conformity in a motor vehicle covered under the provisions of s. 218.0171 (2) (b), Stats.

(6) “Executive” has the meaning set forth in s. 218.0171 (1) (bp), Stats.

(7) “Manufacturer” means a manufacturer as defined by s. 218.0101 (20), Stats., and agents of the manufacturer, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer’s motor vehicles, but not including a motor vehicle dealer.

(8) “Mechanism” means an informal dispute settlement procedure of a manufacturer.

(9) “Motor vehicle” has the meaning set forth in s. 218.0171 (1) (d), Stats.

(10) “Nonconformity” has the meaning set forth in s. 218.0171 (1) (f), Stats.

(11) “On the face of the warranty” means:

(a) The page on which the warranty text begins, if the warranty is a single sheet with printing on both sides of the sheet, or if the warranty is comprised of more than one sheet; or,

(b) If the warranty is included as a part of a longer document, such as a use and care manual, the page on which the warranty text begins; or,

(12) “Reasonable attempt to repair” has the meaning set forth in s. 218.0171 (1) (h), Stats.

(13) “Warrantor” means any person with the authority to give or offer to give a written warranty which incorporates a certified mechanism.

(14) “Written warranty” means any written affirmation of fact or written promise made in connection with the sale of a motor vehicle.

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (1), (3), (5) to (7), (9), (10), (12) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 143.03 Duties of the manufacturer {#sec-trans-143.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.03}

(1) Manufacturers subscribing to a certified mechanism for resolving consumer allegations of nonconformities in motor vehicles covered under the provisions of s. 218.0171 (2) (b), Stats., shall not incorporate into a written warranty terms which fail to comply with the requirements of this chapter. This paragraph does not prohibit a manufacturer from incorporating into the terms of a written warranty the step-by-step procedure which the consumer should take in order to obtain performance of any obligation under other warranty claims.

(2) The manufacturer shall disclose clearly and conspicuously at least the following information on the face of the written warranty:

(a) A statement of the availability of a certified mechanism;

(b) The name and address of the certified mechanism, or the name and telephone number of the certified mechanism which consumers may use without charge;

(c) A statement of the requirement that the consumer resort to a certified mechanism before initiating a legal action under s. 218.0171 (7), Stats.; and,

(d) A statement indicating where further information on the certified mechanism can be found in materials accompanying the motor vehicle, as provided in sub. (3).

(3) The manufacturer shall include in the written warranty or in a separate section of materials accompanying the motor vehicle, the following information:

(a) Either:

A form addressed to the certified mechanism containing spaces requesting the information which the certified mechanism may require for prompt resolution of disputes; or
A telephone number of the certified mechanism which consumers may use without charge;

(b) The name and address of the certified mechanism;

(d) The time limits adhered to by the certified mechanism; and

(e) The types of information which the certified mechanism may require for prompt resolution of disputes.

(4) The manufacturer shall take steps reasonably calculated to make consumers aware of the certified mechanism’s existence at the time consumers experience warranty complaints. Nothing contained in sub. (2), (3), or (4) shall limit the manufacturer’s option to encourage consumers to seek redress directly from the manufacturer as long as the manufacturer does not expressly require consumers to seek redress directly from the manufacturer. The manufacturer shall proceed fairly and expeditiously to attempt to resolve all warranty complaints submitted directly to the manufacturer.

(5) Whenever a consumer submits a warranty complaint directly to a manufacturer, the manufacturer shall decide whether, and to what extent, it will satisfy the consumer.

(a) If the consumer’s warranty complaint is submitted to the manufacturer orally, the manufacturer may respond orally, unless the consumer requests a written response; or,

(b) If the consumer’s warranty complaint is submitted to the manufacturer in writing, the manufacturer shall respond in writing. In its written response to the consumer of its decision, the manufacturer shall include the information required in subs. (2) and (3).

(6) The manufacturer shall:

(a) Respond fully and promptly to reasonable requests by the certified mechanism for information;

(b) Abide by and perform any obligations ordered in decisions of the certified mechanism; and,

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (1), (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 143.04 Certified mechanism organization {#sec-trans-143.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.04}

(1) The certified mechanism shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes, and shall not charge consumers any fee for use of the certified mechanism.

(2) The manufacturer and the certified mechanism shall assure that decision makers are sufficiently insulated so that their decisions are independent of the manufacturer.

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88.

Wis. Admin. Code § Trans 143.05 Qualifications of decision makers {#sec-trans-143.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.05}

(1) No decision maker deciding a dispute shall be:

(a) A party to the dispute;

(b) An employee or agent of a party, except if employed or retained for the sole purpose of deciding disputes;

(2) The composition of the decision maker panel shall be as follows:

(a) When one of 2 decision makers are deciding a dispute, all shall be persons having no direct involvement in the manufacture, distribution, or retail sale of any motor vehicle.

(b) When 3 or more decision makers are deciding a dispute, at least two thirds of the decision makers shall be persons having no direct involvement in the manufacture, distribution, or retail sale of motor vehicles.

(3) Decision makers deciding disputes under the guidelines of a certified mechanism shall be trained by the manufacturer or the certified mechanism in the application of s. 218.0171, Stats., prior to hearing any dispute.

(4) Certified mechanisms shall make available to any person upon demand, at reasonable cost, information relating to the general qualifications of decision makers.

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 143.06 Operation of the certified mechanism {#sec-trans-143.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.06}

(1) The certified mechanism shall establish written operating procedures which shall include at least those items specified in subs. (2) through (11). Copies of the written procedures shall be made available to any person upon request, at reasonable cost.

(2) Upon notification of a dispute, the certified mechanism shall immediately inform both the manufacturer and the consumer of receipt of the dispute.

(3) The certified mechanism or decision maker shall investigate, gather and organize all information necessary for a fair and expeditious decision. When information which will or may be used in the decision, submitted by one party, or a representative of one of the parties, or any other source, tends to contradict information submitted by the other party, the certified mechanism shall clearly, accurately, and completely disclose to both parties the contradictory information (and its source) and shall provide both parties an opportunity to explain or rebut the information and to submit additional materials. The certified mechanism shall not require any information not reasonably necessary to decide the dispute.

(4) Except as provided in sub. (7), if the dispute has not been settled, the certified mechanism shall, as expeditiously as possible but at least within 40 calendar days of notification of the dispute:

(a) If no oral presentation is scheduled for the day of the hearing, make available to the decision maker(s), copies of information submitted by both parties and information gathered under sub. (3), at least 5 calendar days prior to the hearing date.

(b) Based upon the information gathered, render the following decisions:

Determine if the motor vehicle has a nonconformity, and
Determine if the manufacturer has made a reasonable attempt to repair the motor vehicle.

(c) Based upon the determinations made in par. (b) 1. and 2., the certified mechanism shall award relief to the consumer consistent with s. 218.0171 (2) (b), Stats.

(d) Render a written decision to both parties and the department including the following:

Basis for the decision which shall include a summary of any relevant and material information presented by either party.
Specific financial or other compensation awarded to either party.
A specific date for completion of the transactions necessary to carry out the decision of the certified mechanism.
A statement that the decision is binding upon the warrantor and not the consumer.
A statement that the consumer has the option of rejecting the decision of the certified mechanism and may seek redress by other rights and remedies, including those provided by s. 218.0171 (7), Stats.
A statement that the consumer has 45 calendar days from receipt of the decision to inform the certified mechanism in writing of the consumer’s intent to accept or reject the decision of the certified mechanism.
A statement that the decision of the certified mechanism may be introduced in evidence in court.
A statement that both parties may obtain, at reasonable cost, copies of all documents held by the certified mechanism relating to the dispute.

(5) If the consumer fails to respond within 45 calendar days, it will be assumed that the consumer has rejected the decision of the certified mechanism.

(6) The dispute shall be considered closed when:

(a) The consumer or consumer’s representative accepts or rejects the decision of the certified mechanism; or

(b) The decision of the certified mechanism is rejected under the provisions of sub. (4) (d) 6. or (5).

(7) The certified mechanism may delay the performance of its duties under sub. (4) beyond the 40 day limit:

(a) Where the period of delay is due solely to failure of a consumer to provide his or her name and address, manufacturer make, model and vehicle identification number of the motor vehicle involved, and a statement as to the nature of the defect or other problem;

(b) For a 7 calendar day period in those cases where the consumer has made no attempt to seek redress directly from the manufacturer; or,

(c) If the certified mechanism attempts to mediate the dispute, but only if the certified mechanism clearly and conspicuously discloses to the consumer the following information:

That mediation is voluntary on the part of the consumer and may be terminated by the consumer at any time, and
That a conclusive decision shall be rendered within 60 calendar days from the date of original receipt of the dispute by the certified mechanism, in the event that mediation fails to settle the dispute.

(8) The certified mechanism may allow an oral presentation by a consumer or a consumer’s representative only if:

(a) Both manufacturer and consumer expressly agree to the presentation;

(b) A date, time, means and location convenient to both parties can be arranged; and,

That the presentation by either party will take place only if both parties so agree, but if they agree, and one party fails to be available at the agreed upon time and place, the presentation by the other party may still be allowed;
That the decision makers will decide the dispute whether or not an oral presentation is made;
The proposed date, time, means and place for the presentation; and
A brief description of what will occur at the presentation including both parties’ rights to bring witnesses and/or counsel.

(d) Each party has the right to be present during the other party’s oral presentation.

(9) If the manufacturer has been directed to perform any obligations, either as part of a settlement agreed to after notification to the certified mechanism of the dispute or as a result of a decision under sub. (4), the certified mechanism shall ascertain from the consumer within 10 working days of the date for performance whether performance has occurred.

(10) A requirement that a consumer resort to a certified mechanism prior to commencement of an action under s. 218.0171 (7), Stats., shall be satisfied 40 calendar days after notification to the certified mechanism of the dispute or when the certified mechanism completes its duties under sub. (4), whichever occurs sooner. Except that, if the certified mechanism delays performance of its duties under sub. (4), as allowed by sub. (7), the requirement that the consumer initially resort to the certified mechanism shall not be satisfied until the period of delay allowed by sub. (7) has ended.

(11) Decisions of the certified mechanism shall be legally binding on the manufacturer.

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (4) (c), (d) 5., (10) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 143.07 Recordkeeping {#sec-trans-143.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.07}

(1) The certified mechanism shall maintain records on each dispute referred to it. The records shall include:

(a) Name, address and telephone number of the consumer; if available,

(b) Name, address, telephone number and contact person of the manufacturer;

(d) The date of receipt of the dispute and the date of disclosure to the consumer of the decision;

(e) All letters or other written documents submitted by either party;

(f) All other evidence relating to the dispute collected by the certified mechanism and available to the decision maker;

(g) The decision issued including information as to date, time, means and place of meeting, and the identity of decision makers;

(h) A copy of the disclosure to the parties of the decision;

(i) Copies of follow up letters (or summaries of relevant and material portions of follow-up telephone calls) to both parties, and responses thereto; and

(j) Any other documents and communications (or summaries of relevant and material portions of oral communications) relating to the dispute.

(2) The certified mechanism shall submit an annual report to the department. The report shall include, but not be limited to, the following:

(a) Statistics which show the number and percent of disputes in each of the following categories:

No jurisdiction;
Motor vehicles, by vehicle make and vehicle identification number, determined to be nonconforming;
Disputes resolved by awarding the consumer a replacement motor vehicle.
Disputes resolved by awarding a financial refund to the consumer or the holder of a perfected security interest;
Number of resolutions where the consumer was awarded nothing;
Number of awards accepted by consumers;
Number of awards rejected by consumers;
Number of awards the manufacturer failed to abide by;
Decisions delayed beyond 60 calendar days under s. Trans 143.06 (7) (a), (b) and (c);
Decisions delayed beyond 60 calendar days for any other reason; and
Pending decisions.

(b) The amount of financial compensation awarded the consumer under s. 218.0171 (2) (b), Stats.

(d) The name, address and telephone number of the certified mechanism;

(e) The written operating procedures of the certified mechanism;

(f) The general qualifications of persons the certified mechanism utilizes as decision makers;

(g) The vehicle makes and models for which the certified mechanism is authorized to hear disputes;

(h) A statement certifying that the certified mechanism will continue to apply and abide by the requirements of s. 218.0171, Stats.

(3) The certified mechanism shall retain all records specified in subs. (1) and (2) for at least 4 years after final disposition of the dispute.

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (2) (b), (c), (h) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 143.08 Audits {#sec-trans-143.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.08}

(1) Pursuant to s. 218.0171 (4) (d), Stats., the certified mechanism shall submit an annual independent audit at the certified mechanism’s expense to the department which shall include at a minimum the following:

(a) An evaluation of the manufacturer’s efforts to make consumers aware of the certified mechanism’s existence as required in s. Trans 143.03 (4);

(b) A review of the records maintained pursuant to s. Trans 143.07 (1) and (2);

(c) An analysis of a random sample of disputes handled by the certified mechanism during the period of time subject to the audit to determine the certified mechanism’s compliance with the provisions of this chapter.

(2) In each audit provided for in sub. (1) the department may require additional documentation of compliance with this chapter.

(3) The department, at its discretion, may audit a certified mechanism for compliance with this chapter.

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 143.09 Openness of records and proceedings {#sec-trans-143.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.09}

(1) The statistical summaries specified in s. Trans 143.07 (2) shall be available to any person for inspection and copying.

(2) The policy of the certified mechanism with respect to records availability shall be set out in the procedures under s. Trans 143.06 (1); the policy shall be applied uniformly to all such requests for access to or copies of such records.

(3) Meetings of the decision makers to hear and decide disputes shall be open to observers on reasonable and nondiscriminatory terms.

(4) Upon request the certified mechanism shall provide to either party to a dispute:

(a) Access to all records relating to the dispute; and

(b) Copies of any records relating to the dispute, at reasonable cost.

(5) All records pertaining to a certified mechanism under the care and control of the department shall be subject to the provisions of the Wisconsin Open Records Law, ss. 19.31 to 19.39, Stats.

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88.

Wis. Admin. Code § Trans 143.10 Certification process {#sec-trans-143.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.10}

(1) The department of transportation shall have sole authority to review and certify mechanism procedures in the State of Wisconsin for compliance with s. 218.0171, Stats., and this chapter.

(2) Any manufacturer seeking certification of a mechanism under this chapter shall submit an application to the department for review. The department, at its discretion, may require additional information from a manufacturer to certify compliance with this chapter. The application shall include the following:

(a) Name, address and telephone number of the mechanism;

(b) The written operating procedures of the mechanism;

(d) The vehicle makes and models for which the mechanism is authorized to hear disputes;

(e) A statement certifying that the mechanism will apply and abide by the requirements of s. 218.0171, Stats.

(3) The department shall review the manufacturer’s application to determine whether the proposed mechanism complies with this chapter and shall:

(a) Inform the manufacturer, in writing, if the proposed mechanism meets the certification standards of this chapter and issue a certificate to the manufacturer and the proposed mechanism indicating:

The proposed mechanism is recognized as a certified mechanism under this chapter.
The motor vehicle makes and models on which the certified mechanism is authorized to hear disputes.
The certification remains valid unless revoked by further action of the department.

(b) Inform the manufacturer, in writing, if the mechanism fails to meet the standards of this chapter and the reasons for failure;

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (1), (2) (e) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 143.11 Revocation of certification {#sec-trans-143.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 143.11}

(1) The department may revoke the certification of a manufacturer’s mechanism for cause.

(2) The department shall notify the manufacturer, in writing, of the following:

(a) The reason for revoking certification under this chapter;

(b) The effective date of the revocation of certification;

(3) The mechanism shall notify all consumers with disputes pending that:

(a) After the effective date of the revocation of certification, the mechanism is no longer certified to hear disputes under s. 218.0171, Stats.

(b) The consumer is no longer required to resort to the manufacturer’s informal dispute settlement procedure; and

(4) The manufacturer shall modify all warranty information which indicates that the manufacturer subscribes to a certified mechanism.

(5) The manufacturer may apply for mechanism recertification under s. Trans 143.10.

History

Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (3) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Chapter Trans 144 LICENSING PERIODS AND FEES FOR DEALERS, MANUFACTURERS AND SALESPERSONS

Wis. Admin. Code § Trans 144.01 Purpose {#sec-trans-144.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 144.01}

This chapter describes the periods, expiration dates, and fees for licenses issued by the department under the authority found in ch. 218, Stats., to motor vehicle dealers and their salespersons; moped dealers; manufacturers, distributors, wholesalers, and their representatives; recreational vehicle dealers and their salespersons; motor vehicle auction dealers; salvage dealers; and buyer identification card holders. It also establishes the periods, expiration dates, and fees for registration plates issued to dealers, distributors, and manufacturers.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; 2013 Wis. Act 363: am. Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 144.02 Definitions {#sec-trans-144.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 144.02}

Words and phrases used in this chapter have the same meaning as found in chs. 218 and 341, Stats., unless additional interpretations are specified. In this chapter:

(1) “Business license” means a license issued by the department under ch. 218, Stats., to a motor vehicle dealer, moped dealer, recreational vehicle dealer, motor vehicle auction dealer, motor vehicle manufacturer, distributor, wholesaler, or salvage dealer.

(2) “Department” means the department of transportation.

(3) “Individual license” means a buyer identification card or a license issued by the department under ch. 218, Stats., to a salesperson or representative.

(4) “Initial license” means a license issued to a person or business who does not have such a license at the time of application.

(5) “Renewal license” means a license issued to a person or business who has such a license at the time of application.

(6) “Representative” means a distributor representative or factory representative.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; 2013 Wis. Act 363: am. (1) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 144.03 License periods and expiration dates {#sec-trans-144.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 144.03}

(1) Business licenses.

(a) General licensing period and expiration dates. The license period for business licenses is 2 years. The department may issue business licenses that start and expire on the following dates:

(b) Initial business licenses. The department may issue initial business licenses that go into effect on dates other than the first day of an even-numbered month. Such licenses shall expire before the end of 2 years, and their expiration dates shall be assigned as follows:

Note: A motor vehicle dealer whose license is first issued on October 8, 1992 would receive a license valid through September 30, 1994.

(2) Individual licenses.

(a) Licensing period. The department may issue a salesperson license, representative license, or buyer identification card that remains valid until any one of the following conditions occur:

The business license held by the person’s current employer expires;
The person ceases his or her employment with the dealer or other licensed business;
The person’s employer goes out of business; or
The department suspends or revokes the person’s license.

(b) Reissued licenses. A person whose salesperson or representative license is invalidated by ceasing the person’s employment with a licensed dealer or other licensed business may, when hired by a different employer, apply to the department for a reissue of the salesperson or representative license. The department shall reissue the license without charge if both of the following conditions are true:

The department receives the application for a reissue before the previous employer’s business license expires; and
The person’s current employer holds the same type of business license as the person’s previous employer when the person ended his or her employment.

Note: 1992, and the dealer’s license in effect on that date was set to expire on November 30, 1992, the person may not apply for a reissue on or after December 1, 1992. After November 30, the person must apply for an initial salesperson license. Also, a person may not apply for a reissue of the person’s previous salesperson license for employment by a motor vehicle dealer if that license was held while working for a mobile home dealer, since the two employers hold licenses of different types.

(3) Registration plates. The department may register and issue plates to business licensees for periods concurrent with the license periods described in this section.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; CR 22-048: am. (2) (b) (intro.) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 144.04 License and registration plate fees {#sec-trans-144.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 144.04}

(1) The department shall collect the fees described in the following table from applicants before issuing their licenses or registration plates.

Note: The amounts listed in the table are based on the statutory formula—described in s. 218.0114 (14), Stats., and elsewhere—which is the number of years in a licensing period multiplied by the current annual fees.

(2) When the department issues a salesperson license, buyer identification card, or representative license for less than the employer’s business license period, it may reduce the license fee by $4 for each full year reduction in the salesperson or representative license period; or by $6 for each full year reduction in the buyer identification card license period.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; 2013 Wis. Act 363: am. (1) Register May 2014 No. 701, eff. 6-1-14.

Chapter Trans 145 NEIGHBORHOOD ELECTRIC VEHICLE

Wis. Admin. Code § Trans 145.01 Purpose {#sec-trans-145.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 145.01}

The purpose of this chapter is to state that registration of neighborhood electric vehicles under s. 341.25 (1) (b), Stats., is valid only on roadways designated under s. 349.26, Stats.

History

CR 08-080: cr. Register April 2009 No. 640, eff. 5-1-09.

Wis. Admin. Code § Trans 145.02 Roadway designation {#sec-trans-145.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 145.02}

Section 349.26, Stats., authorizes the governing body of any city, town or village to enact an ordinance allowing the use of a neighborhood electric vehicle on a roadway that has a speed limit of 35 miles per hour or less and over which the city, town or village has jurisdiction.

History

CR 08-080: cr. Register April 2009 No. 640, eff. 5-1-09.

Wis. Admin. Code § Trans 145.03 Registration {#sec-trans-145.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 145.03}

Sections 341.25 (1) (b) and 341.297 (1), Stats., authorize biennial registration of a neighborhood electric vehicle with the department.

History

CR 08-080: cr. Register April 2009 No. 640, eff. 5-1-09.

Wis. Admin. Code § Trans 145.04 Registration limited {#sec-trans-145.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 145.04}

Registration of a neighborhood electric vehicle is valid only on roadways designated in an ordinance adopted under s. 349.26, Stats. Operation of a neighborhood electric vehicle on any highway not designated in an ordinance adopted under s. 349.26, Stats., is unregistered operation subject to penalties provided in s. 341.04, Stats.

History

CR 08-080: cr. Register April 2009 No. 640, eff. 5-1-09.

Chapter Trans 146 VEHICLE REGISTRATION AND FUEL TRIP PERMITS

Wis. Admin. Code § Trans 146.01 Introduction {#sec-trans-146.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 146.01}

(1) Purpose. This chapter provides department guidelines which apply to fuel trip permits and vehicle registration trip permits not in conflict with the international registration plan or the international fuel tax agreement.

(2) Scope. This chapter applies to every apportionable motor vehicle or qualified motor vehicle as described in this chapter that are registered in a state or province other than Wisconsin.

Note: This section interprets ss. 341.40, 341.405, 341.41, 341.43, and 341.45, Stats.

Note: Wisconsin became a member of the international registration plan on January 1, 1978. The international registration plan is an agreement among states and provinces to simplify the registration of interstate motor vehicles. A copy of the plan may be ordered from the Wisconsin Department of Transportation, Motor Carrier Services Section, P.O. Box 7955, Madison, Wisconsin, 53707-7955.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 146.02 Definitions {#sec-trans-146.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 146.02}

The words and phrases defined in ss. 340.01 and 341.45 (1) (am), Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Agents” means persons authorized by the department to issue vehicle registration and fuel trip permits.

(2) “Apportionable motor vehicle” means any of the following:

(a) A motor vehicle having 2 axles and a gross weight exceeding 26,000 pounds, or

(b) A motor vehicle having 3 or more axles, regardless of weight, or

(c) A motor vehicle used in combination with another vehicle when the gross vehicle weight of the combination exceeds 26,000 pounds.

(3) “Department” means department of transportation.

(4) “Fuel trip permit” means authorization granted for 72 hours by the department permitting the operation of a qualified motor vehicle that would otherwise be subject to fuel tax reporting under s. 341.45, Stats.

(5) “International fuel tax agreement” or “IFTA” means a contract between certain member jurisdictions which allows for the collection of fuel taxes owed to all member jurisdictions by the member jurisdiction in which a person is based. Wisconsin ratified the agreement under the authority provided in s. 341.45 (4), Stats.

(6) “International registration plan” or “IRP” means a registration reciprocity agreement among states of the United States and the provinces of Canada providing for the payment of license fees on the basis of fleet miles operated in various jurisdictions. Wisconsin ratified the plan under the authority provided in s. 341.405 (1), Stats.

(7) “Person” includes any individual, public or private corporation, body politic, including any unit or division, joint venture, joint stock company, partnership, association, trust, receiver, executor, administrator, any other fiduciary or any other entity.

(8) “Qualified motor vehicle” means a motor vehicle other than a recreational vehicle used, designed or maintained for transportation of persons or property that meets any of the following:

(a) Has 2 axles and a gross weight or registered gross vehicle weight exceeding 26,000 pounds.

(b) Has 3 or more axles regardless of weight.

(9) “Recreational vehicle” means vehicles such as motor homes, pickup trucks with attached campers and buses, when used exclusively for personal pleasure by an individual. In order to qualify as a recreational vehicle, the vehicle shall not be used in connection with any business endeavor.

(10) “Vehicle registration trip permit” means authorization granted for 72 hours by the department permitting the operation of an apportionable motor vehicle.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93.

Wis. Admin. Code § Trans 146.03 Vehicle registration trip permit required {#sec-trans-146.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 146.03}

(1) Except as provided in s. Trans 146.04, any person operating an apportionable motor vehicle in Wisconsin shall obtain a vehicle registration trip permit prior to operating in Wisconsin.

(2) A vehicle registration trip permit may be obtained from agents upon application by payment of the fee as specified in s. Trans 146.07 (1).

(3) A vehicle registration trip permit authorizes one trip into Wisconsin up to 72 continuous hours in Wisconsin from the date and time listed on the permit.

(4) The department or its agent shall receive applications for registration trip permits or fuel trip permits, or both. Within 5 working days after receiving a fully completed application and the required fees, the department or its agent shall review and shall either grant or deny the application.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93.

Wis. Admin. Code § Trans 146.04 Exceptions—vehicle registration trip permit {#sec-trans-146.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 146.04}

Notwithstanding s. Trans 146.03, the requirement to obtain a vehicle registration permit does not apply to the following vehicles:

(1) A motor vehicle operated under a reciprocity agreement as authorized by ss. 341.409 and 341.41, Stats.

(2) A motor vehicle registered for Wisconsin operation under the international registration plan as authorized by s. 341.405, Stats.

(3) A motor vehicle displaying an acceptable restricted plate issued by a jurisdiction which is a member of the international registration plan.

(4) Charter buses.

(5) A motor vehicle owned by the United States government, a state, county or municipal government or any governmental agency.

(6) A motor vehicle entering Wisconsin to have special equipment, or a body constructed or installed, or for repair as provided by s. 341.40, Stats.

(7) A motor vehicle being towed under the provisions of s. 341.05 (15), Stats.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93.

Wis. Admin. Code § Trans 146.05 Fuel trip permit required {#sec-trans-146.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 146.05}

(1) Except as provided in s. Trans 146.06, any person operating a qualified motor vehicle into Wisconsin shall obtain a fuel trip permit prior to operating in Wisconsin.

Note: Chapter Trans 152 provides instructions for operating under a fuel tax license and under the international fuel tax agreement.

(2) A fuel trip permit authorizes one trip into Wisconsin up to 72 continuous hours in Wisconsin from the date and time listed on the permit.

(3) A fuel trip permit may be obtained from agents upon application and payment of the fee specified in s. Trans 146.07 (2).

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93.

Wis. Admin. Code § Trans 146.06 Exceptions—fuel trip permit {#sec-trans-146.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 146.06}

Notwithstanding s. Trans 146.05 (1), the requirement to obtain a fuel trip permit does not apply to any of the following vehicles:

(1) A motor vehicle operated by a person possessing a current fuel tax license and decal issued by the department, or

(2) A motor vehicle operated by a person possessing a current license and decal issued for Wisconsin operation under the international fuel tax agreement by any international fuel tax agreement member jurisdiction.

(3) A motor vehicle that is a recreational vehicle.

(4) A motor vehicle that is owned or operated by the United States government or its agencies.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93.

Wis. Admin. Code § Trans 146.07 Permit fees {#sec-trans-146.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 146.07}

(1) A vehicle registration trip permit is $15.00.

(2) A fuel trip permit is $15.00.

(3) If the department declares a need for special transportation, in accordance with s. 341.41 (7), Stats., vehicle registration and fuel trip permit fees for vehicles subject to s. 341.41 (7), Stats., may be waived.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93.

Wis. Admin. Code § Trans 146.08 Motor carrier responsibilities {#sec-trans-146.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 146.08}

(1) Any person operating with a vehicle registration or a fuel trip permit shall carry the permit in the vehicle during all operations in Wisconsin.

(2) Upon request, a vehicle registration or fuel trip permit shall be displayed to any law enforcement officer or representative of the department.

(3) A vehicle registration or fuel trip permit is not transferable and may contain no corrections, erasures or modifications.

(4) A person operating without the required vehicle registration or fuel trip permit may be subject to enforcement action and be required to obtain the necessary permit before further operation.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93.

Wis. Admin. Code § Trans 146.09 Penalties {#sec-trans-146.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 146.09}

(1) Persons who own or operate apportionable motor vehicles which are not in compliance with the requirements of s. Trans 146.03 shall be subject to the penalties under s. 341.04 (3), Stats.

(2) Persons who own or operate qualified motor vehicles which are not in compliance with the requirements of s. Trans 146.05 shall be subject to the penalties under s. 341.45 (6), Stats.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93.

Chapter Trans 147 BUYER IDENTIFICATION CARDS FOR MOTOR VEHICLE SALVAGE POOL PARTICIPANTS

Wis. Admin. Code § Trans 147.01 Purpose and scope {#sec-trans-147.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.01}

(1) Statutory authority. As authorized by s. 218.51 (3), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 218.51 and 218.52, Stats., relating to the issuance and use of buyer identification cards for the purpose of purchasing or submitting bids for the purchase of damaged motor vehicles from a motor vehicle salvage pool.

(2) Applicability. This chapter applies to any cardholder or qualified applicant wishing to obtain a buyer identification card to purchase or submit bids for the purchase of damaged motor vehicles from a motor vehicle salvage pool.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Wis. Admin. Code § Trans 147.02 Definitions {#sec-trans-147.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.02}

(1) Words and phrases defined in s. 218.50, Stats., have the same meaning in this chapter unless a different definition is specified.

(2) In this chapter, “licensed in another jurisdiction”means having verifiable authorization in the form specified by the regulating authority in that jurisdiction to do business in that jurisdiction.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Wis. Admin. Code § Trans 147.03 Application form {#sec-trans-147.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.03}

(1) Applications by Wisconsin licensees. This section applies to qualified applicants licensed under ch. 218, Stats. Each application for a buyer identification card shall be on the form provided by the department, and shall contain the following information:

(a) The full name of the qualified applicant.

(b) The residence address of the qualified applicant.

(d) The motor vehicle dealer, wholesaler or salvage dealer license number of the business.

(e) The physical description of the qualified applicant including:

Height.
Weight.
Date of birth.
Hair color.
Eye color.
Race.
Sex.

(f) The signature of the qualified applicant.

(g) The signature of an officer of the company or duly authorized agent.

(h) The identification number assigned to a driver’s license or other official government issued photo identification card belonging to the qualified applicant.

(i) An indication that the application is for an original card or replacement card.

(j) Additional information required by s. Trans 147.08 (3) if the application is for a replacement card.

(2) Applications by licensees of another state. This section applies to qualified applicants licensed in another jurisdiction. Each application for a buyer identification card shall be on the form provided by the department, and shall contain the following information:

(a) The information required in sub. (1).

(b) Evidence that the business is licensed in another jurisdiction by providing a copy of the credential verifying the authority of the entity to do business which is issued to the motor vehicle dealer, wholesaler or salvage dealer by the regulating authority in the jurisdiction.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Wis. Admin. Code § Trans 147.04 Fee {#sec-trans-147.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.04}

An annual fee of $6.00 shall be charged for the issuance of a buyer identification card. This fee shall apply whether the issuance is for an original card, a replacement card, or a renewal. The fee may be reviewed annually by the department and adjusted to cover actual costs for issuance of the buyer identification card.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Wis. Admin. Code § Trans 147.05 Buyer identification card {#sec-trans-147.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.05}

The buyer identification card shall contain:

(1) The full name and residence address of the cardholder.

(2) The signature of the cardholder or a facsimile of the signature.

(3) The buyer identification card number assigned to the cardholder by the department.

(4) The expiration date of the buyer identification card.

(5) The employer’s name and business address.

(6) The identification number assigned to a driver’s license or other official government issued photo identification card belonging to the cardholder.

(7) A brief physical description of the cardholder including height, weight, hair color, eye color, race, sex and date of birth.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Wis. Admin. Code § Trans 147.06 Issuance of a buyer identification card {#sec-trans-147.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.06}

(1) A buyer identification card shall be issued to a qualified applicant if the individual or the employer can be certified as being properly licensed.

(a) A Wisconsin licensee must provide the dealer, wholesaler or salvage dealer license number issued under ch. 218, Stats., for verification in department records.

(b) The licensee of another state must provide a copy of the credentials issued by the regulating authority in that jurisdiction which verifies the authority of the entity to do business.

(2) No employe of a motor vehicle dealer, wholesaler or salvage dealer may be issued a buyer identification card without sponsorship from the employer as indicated by the signature on the application of an officer of the company or duly authorized agent.

(3) The expiration date for a buyer identification card shall be December 31 of the calendar year for which it was issued.

(4) No person shall hold more than one valid buyer identification card at a time unless the person is employed by more than one dealer and each employer sponsors the employe’s application for the buyer identification card as indicated by the signature on the application of an officer of the company or duly authorized agent.

(5) The department may deny, suspend or revoke a buyer identification card as authorized by s. 218.51 (4), Stats.

(6)

(b) Notice of suspensions and revocations shall be made as authorized by s. 218.51 (5) (b), Stats.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Wis. Admin. Code § Trans 147.07 Use of a buyer identification card {#sec-trans-147.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.07}

(1) Display.

(a) Before a bid can be submitted, the cardholder shall display the buyer identification card to the salvage pool operator. The photo identification card from which the assigned identification number appears on the buyer identification card shall also be displayed to verify the identity of the cardholder.

(b) The buyer identification number shall be displayed on each sheet of any bid submitted to a motor vehicle salvage pool for the purchase of a motor vehicle or other document evidencing the purchase of a motor vehicle from a motor vehicle salvage pool.

(2) Restrictions and limitations.

(a) No person may duplicate, reproduce or copy any buyer identification card.

(b) No person may lend a buyer identification card to another person.

(c) When a cardholder can no longer make proper use of the card, the card shall be returned to the department for cancellation.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Wis. Admin. Code § Trans 147.08 Replacement of a buyer identification card {#sec-trans-147.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.08}

(1) Lost, stolen, or mutilated identification card. If a buyer identification card is lost, stolen, mutilated, destroyed or becomes illegible, the cardholder may request a replacement identification card.

(2) Change of address or name. When the address or name of a cardholder changes, the cardholder shall, within 30 days, request a replacement buyer identification card showing the correct address and name.

(3) Application for replacement. The qualified applicant seeking a replacement buyer identification card shall use the forms prescribed in s. Trans 147.03 to provide:

(a) The information required in s. Trans 147.03.

(b) The former name, if changed from that shown on the original application and original buyer identification card issued.

(c) The former address, if changed from that shown on the original application and original buyer identification card issued.

(d) One of the following words or phrases to describe the reason a replacement card is required:

Lost.
Stolen.
Destroyed.
Mutilated or illegible.
Name change.
Address change.
Name and address change.

(4) Return of original buyer identification card.

(a) The original buyer identification card shall be returned to the department with a request for a replacement buyer identification card when the reason a replacement is required is covered by any one of sub. (3) (d) 4. to 7.

(b) A person recovering a buyer identification card for which a replacement has been issued for the reasons covered by sub. (3) (d) 1. or 2., shall immediately return the recovered card to the department.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Wis. Admin. Code § Trans 147.09 Cancellation of a buyer identification card {#sec-trans-147.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.09}

(1) Upon termination of the cardholder as an employe, the employer shall return the buyer identification card to the department within 10 business days for cancellation.

(2) The employer may authorize the department to cancel the buyer identification card of an employe when the dealer no longer wishes the employe to be a cardholder by returning the buyer identification card to the department.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Wis. Admin. Code § Trans 147.10 Surrendering a buyer identification card {#sec-trans-147.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.10}

(1) Upon suspension or revocation of a motor vehicle dealer license, wholesaler license or salvage dealer license issued under ch. 218, Stats., or authority to do business in another jurisdiction, the dealer shall surrender the buyer identification cards of all dealers, dealer principals and employes to the department.

(2) Whenever a licensed motor vehicle dealer, wholesaler, or salvage dealer discontinues or disposes of the business, such person shall surrender the buyer identification cards of all dealers, dealer principals and employes.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Wis. Admin. Code § Trans 147.11 Recordkeeping {#sec-trans-147.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 147.11}

The motor vehicle dealer, wholesaler and salvage dealer shall hold or have access to all pertinent books, records, letters and contracts of its cardholder employes according to recordkeeping requirements in chs. Trans 136 and 138.

History

Cr. Register, April, 1989, No. 400, eff. 5-1-89.

Chapter Trans 148 ELECTRONIC RECORDING AND RELEASE OF LIENS BY NON-INDIVIDUAL CREDITORS

Wis. Admin. Code § Trans 148.01 Purpose and scope {#sec-trans-148.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 148.01}

This chapter interprets ss. 342.19 (2) (a), 342.20 (2) and (3), 342.22 (1) and (2), and 342.245, Stats., which require a non-individual secured party to use an electronic process prescribed by the department whenever filing a security interest statement or lien release with the department and to pay fees for such use, unless exempted by the department by rule.

History

CR 09-113: cr. Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § Trans 148.02 Definitions {#sec-trans-148.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 148.02}

The words and phrases defined in s. 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Automated processing partnership system” or “APPS” means the program established by the DMV, in which DMV contracts with agents and vendors to provide vehicle registration and titling services. Chapter Trans 156 governs administration of the APPS program.

(2) “Certificate of title” or “title” means the certificate of title for a vehicle as required in ch. 342, Stats.

(3) “Department” means the Wisconsin department of transportation.

(4) “DMV” means the Wisconsin department of transportation division of motor vehicles.

(5) “Exempt” means that a non-individual secured party is not required or not authorized to file and release security interest statements electronically.

(6) “Motor vehicle dealer” or “dealer” means a motor vehicle dealer as defined in s. 218.0101 (23), Stats.

(7) “Vendor” means a person, business or organization that contracts with the DMV to provide a host computer system by which agents may obtain access to specified information services of the DMV in order to process registration and title transactions or file security interest statements electronically.

History

CR 09-113: cr. Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § Trans 148.03 Requirement to file and release security interest statement electronically {#sec-trans-148.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 148.03}

(1) Unless exempt under s. Trans 148.06, a non-individual secured party is required to file all its security interest statements and release all its security interests on Wisconsin vehicle titles electronically as an update to the vehicle title record in the DMV database.

(2) A non-individual secured party that is releasing security interests and filing security interest statements on a vehicle that is not being transferred shall use either the e-MV Agent Internet-based web application established by the department or the vendor provided interface under the APPS program, as authorized under s. Trans 148.04.

(3) A secured party who is processing an application for a certificate of title as an agent in the APPS program under ch. Trans 156 may file the security interest statement as part of title processing, as authorized under s. Trans 148.04. In the event that a security interest is part of a certificate of title application that a motor vehicle dealer is processing under ch. Trans 141 or 156, or that the DMV is processing, the secured party shall release the security interest electronically.

(4) A non-individual secured party using DMV’s e-MV Agent Internet-based web application shall apply to the DMV on the DMV application form and shall comply with all applicable requirements, including those related to persons who have access to information subject to the federal driver privacy protection act, 18 USC 2721-2725.

Note: The DMV e-MV Agent Application Form is available on-line at the DOT web site www.dot.wisconsin.gov/business/dealers/emvagent.

(5) A non-individual secured party that has not previously filed a security interest statement on a Wisconsin title shall apply to the department for a secured party number and shall apply to file security interest statements electronically. The secured party shall begin processing security interest statements electronically within 30 days after the effective date of the DMV-assigned secured party number.

History

CR 09-113: cr. Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § Trans 148.04 Secured party participation in the APPS program {#sec-trans-148.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 148.04}

(1) Any secured party may file its security interest statement electronically as part of processing a certificate of title, and may release its security interests or file security interest statement for a vehicle that is not being transferred, by contracting with the DMV as an agent in the APPS program under s. 341.21 (2), Stats. A secured party who participates in the APPS program shall, as a condition of continued participation in the APPS program, comply with all requirements and procedures under ch. Trans 156 and with limitations on use of personal identifiers and confidential information under the federal Driver’s Privacy Protection Act, 18 USC 2721-2725.

(2) A secured party participating in the APPS program may charge a customer for title processing, including security interest statement filing and release of security interest, any amount not more than the maximum fees specified in the contract under ch. Trans 156.

History

CR 09-113: cr. Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § Trans 148.05 Termination and nonrenewal of APPS secured party contracts {#sec-trans-148.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 148.05}

A secured party whose participation in the APPS program is discontinued, by the department or by the secured party, shall continue to file and release security interest statements electronically using the e-MV Agent Internet-based web application offered by the department, and shall comply with all requirements of this chapter.

History

CR 09-113: cr. Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § Trans 148.06 Exemptions from requirement to file security interest statement electronically {#sec-trans-148.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 148.06}

(1) Exempt secured parties not required to file or release security interest statements electronically.

(a) The department shall grant an exemption if the secured party filed 48 or fewer security interest statements with the department during the previous calendar year. A new secured party is not eligible for an exemption during the first calendar year.

(b) If a secured party was exempt under this subsection during a calendar year and the department determines that the secured party is not eligible for an exemption for the succeeding year, the department may cancel the secured party’s exemption for that succeeding year by written notice. The notice shall require the secured party to file or release security interest statements electronically not less than 30 calendar days after the date the department sends the notice, and the department shall charge the fee and surcharge under s. Trans 148.07 (2) (c) 1. after the date specified in the cancellation notice.

(2) Exempt secured parties not authorized to file and release security interest statements electronically.

(a) The department shall deny a secured party the authority to file and release security interest statements electronically for any of the following reasons:

DMV has reasonable cause to conclude that the accuracy or timeliness of the security interest filings or releases performed by the secured party is insufficient, including any of the following:

a. The secured party has completed electronic processing of security interest statement filing before the secured party has obtained the original title from the vehicle owner or before the secured party and the vehicle owner have finalized their security interest or loan transaction.

b. The secured party has not released security interests in vehicles within statutorily mandated dates.

The secured party has failed or refused to provide DMV with any documents, fees, or information required by DMV to administer this chapter or ch. 342, Stats.
DMV has reasonable cause to conclude that the secured party is not in compliance with any provision of written policies and procedures regarding electronic filing of security interest statements, including non-payment of DMV fees.

(b) The department’s denial shall remain in effect until the department reauthorizes the secured party to file and release security interest statements electronically.

(3) Exempt security interest filing transactions.

(a) A security interest statement is not required to be filed electronically if the security interest statement is any of the following:

Filed as part of a certificate of title transaction for some purpose other than solely filing a security interest statement.
Part of a transaction that is prohibited from successful electronic transaction because of an express limitation on the vehicle title or customer record, or on the e-MV Agent internet-based web application or APPS.

(b) The department may not charge a secured party a transaction processing fee for filing a security interest statement exempted by this subsection. The secured party shall release its security interest in the vehicle electronically.

History

CR 09-113: cr. Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § Trans 148.07 Fees {#sec-trans-148.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 148.07}

(1) Fees paid to secured parties by consumers. A secured party may charge the vehicle owner the security interest filing and release fee under s. 342.14 (2), Stats. A secured party may charge the vehicle owner a fee to cover transaction processing fees the secured party is required to pay to the department to the extent allowed in this section.

(2) Fees paid by secured parties to the department.

(a) Any secured party who is not required to file security interest statements electronically under s. Trans 148.06 (1) (a) shall pay the department a fee of $5.00 for each security interest statement filing transaction that the department processes on behalf of the secured party. If an exempt secured party who is not required to file security interest statements electronically under s. Trans 148.06 (1) (a) submits to DMV an application to be processed by DMV through a customer service center, the secured party shall pay the department the $5.00 fee per filing transaction, in addition to the counter service fee and any other required fees. The secured party may charge the vehicle owner a fee to cover the fee that the secured party is required to pay the department.

(b) Any secured party who is not authorized to file security interest statements electronically under s. Trans 148.06 (1) (b) shall pay the department a fee for each security interest statement filing transaction that the department processes on behalf of the secured party. The fee consists of all of the following:

A fee of $5.00 per transaction to process the transaction. The secured party may charge the vehicle owner a fee not to exceed $5.00.
A surcharge of $20.00 per transaction. The secured party may not charge this surcharge to the vehicle owner.

(c) Any secured party who is required to but fails to file security interest statements electronically as required under s. Trans 148.03 shall pay the department a fee for each security interest statement filing transaction that the department processes on behalf of the secured party. The fee consists of the following:

A fee of $5.00 per transaction to process the transaction. The secured party may charge the vehicle owner a fee not to exceed $5.00.
A surcharge of $20.00 per transaction. The secured party may not charge this surcharge to the vehicle owner.

(d) In addition to the fee and the surcharge that a secured party must pay to DMV under par. (b) or (c), the department may notify the department of financial institutions to consider disciplinary actions against the secured party. If a secured party described in par. (b) or (c) submits to DMV an application to be processed by DMV through a customer service center, the secured party shall pay the department the $5.00 transaction fee and the $20.00 surcharge, in addition to the counter service fee and any other required fees.

History

CR 09-113: cr. Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § Trans 148.08 Records {#sec-trans-148.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 148.08}

(1) After submitting an electronic security interest statement filing, a secured party shall retain for 60 days and then promptly destroy the certificate of title that the vehicle owner provides to the secured party, as provided in s. 342.245 (2), Stats.

(2) A secured party shall ensure that sufficient funds are in its financial account with the department, since the department or vendor system shall debit the account established for the secured party for all fees owed to the department for a transaction.

(3) The electronic record in the DMV database satisfies the requirement in s. 342.20 (3), Stats., that the department notify the secured party of notation of security interest.

History

CR 09-113: cr. Register May 2010 No. 653, eff. 6-1-10.

Chapter Trans 149 INSPECTION OF A HOMEMADE, RECONSTRUCTED OR REPAIRED SALVAGE VEHICLE

Wis. Admin. Code § Trans 149.01 Purpose and scope {#sec-trans-149.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 149.01}

(1) As authorized by s. 342.07 (2), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of s. 342.07, Stats., relating to the inspection of a repaired salvage vehicle.

(2) This chapter applies to any person seeking to obtain a certificate of title on a homemade vehicle, reconstructed vehicle, repaired salvage vehicle or on a vehicle identified in another jurisdiction as a repaired salvage or salvage vehicle.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; CR 03-122: am. (2) Register May 2004 No. 581, eff. 6-1-04.

Wis. Admin. Code § Trans 149.02 Definitions {#sec-trans-149.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 149.02}

Words and phrases shall have the same meanings as defined in s. 340.01, Stats., unless a different definition is specifically provided. In this chapter:

(1) “Applicant” means a person who owns a vehicle that is a repaired salvage vehicle, or that is currently titled with a certificate of title identifying the vehicle as a salvage vehicle, and who applies to the department to re-title or register a vehicle.

(2) “Bill of sale” means the document describing the sale of a vehicle or a part of a vehicle.

(3) “Identification” means a valid operator’s license, identification card, or other personal identification document which reliably identifies the person to the satisfaction of the inspector.

(4) “Inspection fee” means the fee established by s. 342.07 (3), Stats.

(5) “Law enforcement officer” means any person who by virtue of the person’s office or public employment is vested by law with the duty to maintain public order or to make arrests for crimes while acting within the scope of authority.

(6) “Major part of a vehicle” means any of the following:

(a) The engine.

(b) The transmission.

(d) The hood.

(e) The grille.

(f) Each bumper, or each clip, if a bumper is part of the clip.

(g) Each front fender.

(h) The deck lid, tailgate or hatchback.

(i) Each rear quarter panel.

(j) The trunk floor pan.

(k) The frame or, in the case of a unitized body, the supporting structure which serves as the frame.

(L) Any part not listed under this subsection which has a value exceeding $500.

(m) Any motorcycle part not listed under this subsection which has a value exceeding $150.

Note: See s. 943.23, Stats.

(7) “Part” means any component of a motor vehicle which may be separated from the vehicle or any replacement for such a component.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; CR 03-122: am. (6) (m) Register May 2004 No. 581, eff. 6-1-04; CR 22-048: am. (5) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 149.03 Inspector certification and authority {#sec-trans-149.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 149.03}

(1) Inspections to be performed by certified inspectors. All inspections required under s. 342.07 (2), Stats., shall be performed by a person who has been certified to perform inspections by the department under this chapter.

(2) Requirements for inspector certification. A person shall meet all of the following criteria in order to be qualified for certification:

(a) The person shall be a Wisconsin law enforcement officer or a full-time employee of the department of transportation division of state patrol.

(b) The person shall have successfully completed an initial training course in vehicle inspections meeting the requirements of sub. (4).

(c) The person shall successfully complete a biennial refresher course on inspections approved by the department within 2 years of initial training and every 2 years thereafter. For cause, the department may examine an inspector in lieu of requiring refresher course attendance.

(d) The person may not have had certification to conduct inspections rescinded by the department.

(e) The person shall have the approval of the person’s employing agency.

(f) The person shall have completed at least 24 inspections during the preceding certification period if the person is applying for recertification.

(3) Expiration of certification. Inspector certifications shall expire on May 31 of each even-numbered year. In the event required training classes are scheduled during the 6 months following that expiration date, the department may extend the expiration date for persons attending that training through the last day of that training class.

(4) Initial training.

(a) An inspector candidate shall receive training that includes the following:

Training in theft detection as provided by an agency or organization determined by the department to be expert in the field.
Training in the safety inspection of a vehicle for compliance with the requirements of ch. Trans 305 and ch. 347, Stats.
Training in the completion of forms and documents and the calculation of fees required to obtain title and registration as provided by the department.

(b) The department may waive some or all of the initial training required by par. (a), based on a person’s successful completion of applicable sections of the department’s examination for inspectors and a showing that the person has successfully completed similar training that is acceptable to the department.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; am. (4) (a) 2., Register, February, 1996, No. 482, eff. 3-1-96.

Wis. Admin. Code § Trans 149.04 Department certification of inspectors {#sec-trans-149.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 149.04}

(1) Number and distribution of inspectors. The department shall periodically determine the number and distribution of certified inspectors necessary to meet the needs of the state and may restrict attendance at inspector training courses in order to achieve the desired number or distribution.

(2) Department may rescind inspector certification. The department may at any time rescind the certification of an inspector to perform inspections under this chapter for the reasons specified in sub. (3).

(3) Grounds for recision. The department may rescind an inspector’s certification to conduct inspections under this chapter under any of the following circumstances:

(a) The inspector’s employing agency requests the inspector’s certification be rescinded.

(b) The inspector passes a vehicle for inspection that contains stolen parts or parts of a stolen vehicle, or that does not meet the equipment safety requirements of ch. Trans 305 or ch. 347, Stats.

(c) The inspector acquires an interest in or is employed by a salvage yard, auto body shop, motor vehicle dealership, or other entity involved in the rebuilding of motor vehicles.

(d) The inspector fails to comply with any provision of this chapter or any rule or regulation of the department.

(e) The inspector engages in any conduct which calls into question his or her fitness for duty as an inspector.

(f) The inspector fails to meet the certification requirements of s. Trans 149.03 (2).

(4) On-site examinations. The department may examine inspectors by requesting inspection of a motor vehicle and judging the inspector’s performance.

(5) Inspector identification card.

(a) The department shall issue an identification card to a certified inspector.

(b) The card shall display at least the following information:

The full name of the inspector.
If the inspector is a law enforcement officer, the officer’s badge number.
The number of the agency employing the inspector, as assigned by the department.
The date on which the inspector’s certification to perform inspections expires.
A space for the inspector’s signature.

(d) An inspector shall retain the identification card and any evidence of extended certification issued under s. Trans 149.03 (3) in his or her immediate possession when performing inspections and shall display the card and evidence of extended certification to the applicant or agent of the applicant upon request.

(e) An inspector who no longer performs inspections, or whose authority to perform inspections under this chapter is rescinded by the department, or who leaves the employing agency shown on the identification card shall notify the department and surrender the identification card to the employing agency shown on the identification card.

(f) The employing agency shall notify the department in writing within 30 days after an inspector surrenders the identification card and shall destroy the card.

(g) The department may issue a new identification card to an inspector when presented with evidence from the inspector’s employing agency that an inspector has a change of name or badge number, or when an inspector changes employment and the department is advised by the inspector’s new employing law enforcement agency that the inspector has changed employing agencies and will continue to perform inspections.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; am. (3) (b), Register, February, 1996, No. 482, eff. 3-1-96; CR 22-048: am. (5) (g) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 149.05 Inspections {#sec-trans-149.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 149.05}

(1) Complete application required. No vehicle may be inspected or pass inspection unless it meets the requirements of sub. (2) and the applicant for inspection has submitted a complete application meeting the requirements of sub. (5) prior to inspection.

(2) Vehicle condition. Prior to submitting a vehicle for inspection, a person shall:

(a) Complete the rebuilding of the vehicle.

(b) Thoroughly clean the vehicle’s exterior, engine and transmission areas.

(3) Agent may present vehicle for inspection.

(a) An agent for the applicant may present a vehicle for inspection.

(b) An agent for an applicant shall submit to the inspector a written certification appointing the agent which will be retained by the inspector as part of the application. This certification and appointment shall include the following:

The date the certification was issued.
A statement expressly appointing the agent, by name, to act as the agent of the applicant for the inspection, as provided in this chapter, of the described vehicle.
A description of the vehicle which the agent is presenting for inspection.
The printed name of the agent.
The signature of the applicant.

(4) Identification. An applicant or agent shall present identification and any certification under sub. (3) to the inspector before the inspection begins.

(5) Application materials.

(a) Before the inspection begins, the applicant or agent shall submit to the inspector all forms, documents and fees necessary for the titling and registration of the vehicle being inspected including:

An application for certificate of title and registration, form MV-1, in the name of the applicant.
The Wisconsin salvage certificate of title evidencing the applicant’s ownership of the vehicle, which may be a salvage certificate of title in the name of the applicant, or a Wisconsin salvage certificate of title in the name of another person who has properly assigned the title to the applicant in the space provided on the certificate. This subdivision does not apply to homemade or reconstructed vehicles.
A salvage affidavit of major parts of the vehicle, on the department’s form, identifying each major part of the vehicle that has been replaced on the vehicle or stating that no major part of the vehicle has been replaced.

Note: Form MV2673, Affidavit of Major Parts, may be obtained from DOT Document and Map Sales, 3617 Pierstorff St., P.O. Box 7713, Madison, WI 53704.

The original bill of sale received by the applicant for each major part of the vehicle that has been replaced containing a description of the transaction including:

a. The name of the major part.

b. The model year, make and identification number of the vehicle from which the major part was obtained.

c. The date of the transaction.

d. The signature of the person selling or disposing of the major part.

e. The name of the customer.

f. The amount paid for the major part.

g. If the vehicle from which a major part was obtained is not known or determinable by the seller, the bill of sale shall identify the seller and state that the source is unknown.

Four legible pictures of the vehicle taken prior to the commencement of any repair or restoration of the salvage vehicle clearly showing the damage to the vehicle. One picture shall show each side of the vehicle: front, back, driver and passenger sides.
Any agent certification submitted under sub. (3).
A properly-addressed envelope for mailing the application to the department to which sufficient first-class U.S. postage has been affixed. The address to use for mailing the application is: Department of Transportation, P. O. Box 7949, Madison, Wisconsin 53707-7949. If the applicant desires fast service for the application, as prescribed by ch. Trans 196, then the address to use for mailing the application is: Department of Transportation, Fast Service Handling, P.O. Box 7306, Madison, Wisconsin 53707-7306. Any additional fast service fee required under s. Trans 196.04 (1) (a) shall accompany the application.

Note: It is recommended that the applicant pay all fees by check. Checks should be made payable to “Registration Fee Trust.” The forms identified in this section are MV-1, Application for Title/Registration and MV-2673, Repaired Salvage Vehicle Major Parts Statement. The forms may be obtained from the Department of Transportation, Document and Map Sales, 3617 Pierstorff Street, P.O. Box 7713, Madison, WI 53704.

(b)

A bill of sale issued prior to January 1, 1995 is not required to conform to par. (a) 4.
A copy of the original bill of sale shall be acceptable for purposes of par. (a) 4. if it evidences the sale of more than one major part of a vehicle and one or more major parts identified in the bill of sale were not used in the rebuilding or restoration of the vehicle being inspected. In that event, the original bill of sale shall be retained by the applicant for 5 years following the inspection and shall be made available to the department or any law enforcement officer upon request.
An application is not required to include the pictures described in par. (a) 5. if:

a. The vehicle was purchased by the applicant prior to January 1, 1995; or

b. Neither the applicant nor the person who rebuilt or restored the vehicle has had a vehicle inspected after January 1, 1995.

A person seeking to use the subd. 3. b. exception shall certify that:

a. Neither the applicant nor the person who rebuilt the vehicle has had a vehicle inspected after January 1, 1995.

b. No pictures of damage to the vehicle are available from any insurance company that may have insured the vehicle.

Note: The penalty for making a false statement in a certification that is part of an application for a certificate of title is a fine of up to $5000 or imprisonment for up to 5 years under s. 342.06 (2), Stats., or both. The penalty for false swearing is a fine of up to $10,000 or up to 5 years imprisonment, or both, s. 946.32, Stats.

(c) The inspector shall promptly submit the application for certificate of title, the certificate of inspection, the major parts statement, the salvage certificate of title, all bills of sale and all fees to the department by delivering or mailing them to the address specified in par. (a) 6.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; CR 03-122: am. (5) (a) 2. Register May 2004 No. 581, eff. 6-1-04.

Wis. Admin. Code § Trans 149.06 Place and procedure for inspection {#sec-trans-149.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 149.06}

(1) Inspection sites. The site and times of inspections shall be determined by the law enforcement agency employing the inspector. The agency may require an applicant to provide a site that is equipped with a hoist or pit for conducting an inspection.

(2) Access to inspection area restricted. Only the certified inspector, a person designated by the department or a person assisting the inspector at the inspector’s request may be present in the inspection area during an inspection. Nothing in this subsection shall prohibit a law enforcement agency from conducting inspections at a site, such as a municipal garage, where other law enforcement officers or other employees of the law enforcement agency may be present in the routine course of their duties and outside the immediate area of the inspection. An applicant or agent may not enter the inspection area or view the inspection except to remove parts of the vehicle at the direction of the inspector or, at the inspector’s request, to be advised of the reasons a vehicle will not pass inspection.

(3) Removal of parts. During the inspection, such vehicle parts as the inspector deems necessary shall be removed in order to allow examination of safety equipment or identifying numbers on the vehicle and its major parts. Parts may be removed by the inspector or by the applicant or agent at the inspector’s direction. Identifying numbers include, but are not limited to:

(a) The vehicle identification number.

(b) The engine number.

(d) The frame number.

(4) Grounds for failing inspection. The vehicle shall fail the inspection if:

(a) The vehicle is not in compliance with the equipment provisions of ch. 347, Stats., ch. Trans 305, or federal motor vehicle safety standards established under the national traffic and motor vehicle safety act, 15 USC 1381, et seq., or the regulations promulgated thereunder in 49 CFR part 571. Noncompliance includes, but is not limited to, any device or element of a vehicle required by the above regulations being rendered inoperative or defective, or being removed from the vehicle;

(b) The vehicle or any part of the vehicle is stolen or if the applicant’s ownership of any major part of the vehicle cannot be verified; or

(c) The vehicle contains any major parts which were not part of the vehicle described in the certificate of title and for which the applicant does not have a bill of sale meeting the requirements of s. Trans 149.05 (5).

(d) The vehicle or any part of the vehicle contains a vehicle identification number that has been altered, removed or obliterated.

(5) Duties of inspector.

(a) Complete inspection. The inspector shall make a complete inspection of the vehicle, even if a reason for failing the vehicle is discovered. The inspector shall provide the applicant with a brief description of each reason the vehicle is not acceptable. Failure of the inspector to note any defect in the vehicle shall not prevent the use of that defect as a reason for failing the vehicle in any subsequent inspection.

(b) Discovery of stolen vehicle. Notwithstanding par. (a), if the inspector identifies a vehicle or a part of the vehicle as stolen, the inspection need not proceed further.

(c) Impoundment. If the vehicle or a part of the vehicle is determined to be stolen, or any vehicle identification number has been altered, removed or obliterated, the inspector may seize the vehicle or part of the vehicle in accordance with ss. 968.10 and 968.11 (4), or 342.30 (4) (a), Stats.

(6) Certificate of inspection. A certificate of inspection shall be completed for each vehicle inspection and shall include all of the following:

(a) The applicant’s full name.

(b) The applicant’s complete address.

(c) The signature of the applicant if the applicant is present at the inspection site, or the signature of the agent representing the applicant at the inspection site.

(d) The inspector’s name.

(e) The inspector’s badge number, or if the inspector is not a law enforcement officer, the department-assigned inspector identifying number.

(f) The number of the inspector’s employing agency.

(g) A description of the vehicle being inspected, including the vehicle year, make and model.

(h) The public vehicle identification number, any secondary vehicle identification numbers inspected, the engine and transmission vehicle identification numbers, if inspected, and the identification numbers of each major part of the vehicle that is inspected or that has been replaced.

Note: This does not require the inspector to reveal the location of a secondary vehicle identification number.

(i) An indication that the inspector has checked available stolen auto and auto parts databases for the vehicle and major parts being inspected and concluded that neither the parts nor the vehicle are stolen.

(j) The date of the inspection.

(k) A statement as to whether the vehicle passed inspection and, if the vehicle did not pass inspection, a short statement of each reason the vehicle did not pass inspection.

Note: The forms identified in this section are MV 4060, Certificate of Inspection, MV-1, Application for Title/Registration; Certificate of Inspection; and MV-2673, Repaired Salvage Vehicle Major Parts Statement. The forms may be obtained from the Department of Transportation, Document and Map Sales, 3617 Pierstorff Street, P.O. Box 7713, Madison, WI 53704.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; am. (4) (a), Register, February, 1996, No. 482, eff. 3-1-96.

Wis. Admin. Code § Trans 149.07 Application procedure following inspection {#sec-trans-149.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 149.07}

(1) Vehicles passing inspection.

(a) Submission of application materials. The inspector shall promptly submit the following to the department following an inspection:

The applicant’s application for certificate of title or registration.
The applicant’s current salvage certificate of title. This subdivision does not apply to homemade or reconstructed vehicles.
The salvage affidavit of major parts of the vehicle.
The original bill of sale received by the applicant for each major part of the vehicle that has been changed.
The written certification appointing any agent who appeared on behalf of the applicant submitted under s. Trans 149.05 (3) (b).
The completed certificate of inspection.
The inspection fee and any fees for registering and issuance of a title certificate for the vehicle in accordance with the application.

Note: The forms identified in this section are MV-1, Application for Title/Registration; MV-4060, Certificate of Inspection; and MV-2673, Repaired Salvage Vehicle Major Parts Statement. The forms may be obtained from the Department of Transportation, Document and Map Sales, 3617 Pierstorff Street, P.O. Box 7713, Madison, WI 53704.

(b) Overpayment or underpayment of fees. The department shall refund to the applicant any excess fees received. In the case of insufficient payment being received, the department shall advise the applicant of the shortfall and may not issue a title or register the vehicle until full payment is received.

(c) Records retained by inspector. The inspector shall retain the photos of the vehicle and one copy of the certificate of inspection for 3 years following the inspection.

(2) Vehicles failing inspection.

(a) Stolen vehicle or parts. If at any time the inspector discovers that a vehicle is stolen, contains stolen parts, or has altered, removed or obliterated vehicle identification numbers, the inspector may seize the vehicle or part of the vehicle in accordance with ss. 968.10 and 968.11, or 342.30 (4) (a), Stats. An inspector who is not a law enforcement officer shall notify a law enforcement officer regarding any discovery that a vehicle is stolen or that it contains stolen parts, or has altered, removed or obliterated vehicle identification numbers. The vehicle shall fail the inspection. The other provisions of this section may not apply to the vehicle.

(b) 15-day reinspection. The applicant may request an opportunity to correct safety or equipment defects and to return the vehicle for reinspection. The inspector may schedule the reinspection for any date up to 15 calendar days from the date of inspection, but may not require that the reinspection be performed less than 3 calendar days from the date of initial inspection. No additional fees may be charged for reinspections under this paragraph and reinspections shall be conducted in the same manner as initial inspections under this chapter. If reinspection is requested under this subsection, the inspector shall retain all application materials pending the reinspection. If the vehicle passes reinspection, the inspector shall proceed under sub. (1). If the vehicle does not pass reinspection, the applicant shall proceed under either par. (c), (d) or (e). If the vehicle is not reinspected as scheduled or within 15 days after the initial inspection, the inspector shall forward the application to the department.

(c) Vehicle not titled in owner’s name. If the vehicle fails inspection or reinspection, the vehicle is not titled in the name of the applicant, and the applicant does not elect to junk the vehicle under par. (f), the inspector shall submit the application for certificate of title, the certificate of inspection, the inspection fee and other titling fees and sales taxes to the department. Remaining registration fees and a copy of the certificate of inspection shall be returned to the applicant.

(d) Vehicle titled in owner’s name. If the vehicle fails inspection or reinspection, the vehicle is titled in the name of the applicant, and the applicant does not elect to junk the vehicle under par. (f), the inspector shall submit the certificate of inspection and the inspection fee to the department. The remaining application materials and a copy of the certificate of inspection shall be returned to the applicant.

(e) Department actions following failed inspection. Upon receipt of materials for a vehicle that has not passed inspection, the department shall issue or re-issue a salvage certificate of title to the applicant and shall return all bills of sale, and the major parts statement.

(f) Junking a vehicle. An applicant may elect to junk a vehicle at any time. If the applicant elects to junk the vehicle, the applicant or inspector shall write “JUNKED” on the certificate of title or mark the certificate of title in some other manner to clearly indicate that the vehicle is junked. The inspector shall submit the certificate of title, the certificate of inspection and the inspection fee to the department. The inspector shall return any remaining application materials and a copy of the certificate of inspection to the applicant. The department shall note in its records that the vehicle has been junked and may not issue another certificate of title for the vehicle.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; CR 03-122: am. (1) (a) 2. Register May 2004 No. 581, eff. 6-1-04.

Wis. Admin. Code § Trans 149.08 Payment and distribution of inspection fee {#sec-trans-149.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 149.08}

(1) The applicant shall pay an inspection fee for each inspection performed, except that there is no additional fee for the reinspection described in s. Trans 149.07 (2) (b). There is no fee for the inspection of a homemade or reconstructed vehicle.

(2) The department shall distribute to the inspecting agency its share of an inspection fee collected for inspections performed by its certified employees within 60 days after the fees are submitted to the department or as soon thereafter as possible. Fees collected by the state patrol shall be deposited in the transportation fund.

(3) The inspection fee, except those collected by the state patrol, shall be distributed as follows:

(a) 75% to the agency employing the inspector at the time the inspection was performed.

(b) 25% to the transportation fund.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; CR 03-122: am. (1) Register May 2004 No. 581, eff. 6-1-04.

Wis. Admin. Code § Trans 149.09 Application for certificate of title and registration for vehicles previously junked in department records {#sec-trans-149.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 149.09}

(1) The department may not issue a certificate of title for a vehicle that was noted as junked in the records of the department on or after May 1, 1989.

Note: Section 342.34 (3), Stats.

(2) A salvage certificate of title may be issued, upon proper application, for a vehicle noted as junked prior to May 1, 1989, in department records.

(3) The department may not issue a certificate of title for a vehicle if the certificate of title for the vehicle was inscribed by a person other than a state with the word “JUNKED” or any other notation clearly indicating that the vehicle was junked unless the owner provides an affidavit stating that the inscription on the title was entered in error, explaining how the information was entered in error and the vehicle passes an inspection under s. Trans 149.05. The department may refuse to issue a title for such a vehicle if it concludes that the vehicle was intended to be junked at the time the title was noted as junked.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95.

Wis. Admin. Code § Trans 149.10 Application for certificate of title or registration for a repaired, junk or salvage vehicle from another jurisdiction {#sec-trans-149.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 149.10}

(1) The Wisconsin certificate of title issued for a vehicle previously titled in another jurisdiction as a repaired salvage vehicle, or a substantially similar term as used in that jurisdiction, shall contain a notation identifying the vehicle as a repaired salvage vehicle or repeat the notation from the other jurisdiction and indicate the jurisdiction where the vehicle was previously titled.

(2) A vehicle titled in another jurisdiction as salvage, or a substantially similar term as used in that jurisdiction, may be titled and registered under the provisions of this chapter. The Wisconsin certificate of title shall contain a notation describing the vehicle as previously titled as salvage or repeat the notation from the other jurisdiction and indicate the jurisdiction issuing that title.

(3) A vehicle previously titled in another jurisdiction as junked, or a substantially similar term as used in that jurisdiction, may not be titled or registered in Wisconsin.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95.

Chapter Trans 150 LEASING OF VEHICLES BY PRIVATE CARRIERS

Wis. Admin. Code § Trans 150.01 Purpose and scope {#sec-trans-150.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 150.01}

This chapter applies to all private motor carriers. No private motor carrier may operate a leased motor vehicle on the highways of Wisconsin without complying with the provisions of this chapter.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95.

Wis. Admin. Code § Trans 150.02 Definitions {#sec-trans-150.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 150.02}

The words and phrases defined in ss. 194.01 and 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Lease agreement” means a contract by which one party gives to another the use and possession of a vehicle for a specified time period in exchange for compensation.

(2) “Lessee” means a person who has the legal possession and control of a vehicle owned by another under terms of a lease agreement.

(3) “Lessor” means a person who, under the terms of a lease agreement, grants the legal right of possession, control and responsibility for the operation of the vehicle to another person.

(4) “Sole source lease” means the lease of both a vehicle and a driver for a specific purpose identified in the lease agreement.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95.

Wis. Admin. Code § Trans 150.03 General lease requirements {#sec-trans-150.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 150.03}

(1) A lease agreement for the use of a motor vehicle by a private motor carrier shall:

(a) Be in writing and signed by both the lessor and the lessee, or their regular employes or agents duly authorized to act for them in the execution of contracts.

(b) Provide for the exclusive possession, control and use of the motor vehicle controlled by the lessee, and the complete assumption by the lessee of full responsibility to the public and all regulatory agencies having jurisdiction during the entire period of the lease agreement. This provision does not prohibit the lessor from obtaining possession of the motor vehicle for purposes of maintenance or repairs, or because of violations of the lease agreement.

(d) Identify the year, make and vehicle identification number of the motor vehicle as shown on the registration card issued for the vehicle.

(e) Specify the time and date upon which the lease begins and ends or the circumstances under which the lease begins and ends.

(f) Be retained by the lessee and by the owner.

(2) The lessee may prepare a written statement certifying all of the following:

(a) The motor vehicle is being operated by the lessee.

(b) The name of the owner of the vehicle.

(d) The time and date upon which the lease begins and ends or the circumstances under which the lease begins and ends.

(3) The certificate described in sub. (2) or a copy of the lease agreement shall be carried in the vehicle specified during the entire period of the lease and shall be made available for inspection upon the request of any law enforcement officer.

History

Cr. Register, December, 1994, No. 468, eff. 1-2-95; reprinted to remove duplicative paragraph, Register, April, 1999, No. 520.

Wis. Admin. Code § Trans 150.04 Audit and inspection authority {#sec-trans-150.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 150.04}

The department may audit and inspect the facilities and records of an owner, lessor and lessee to verify compliance with the requirements of this chapter. Owners, lessors and lessees shall retain all records including lease agreements relating to the lease of vehicles by private carriers for at least 4 years, and shall make these records available to the department for inspection and copying upon request.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; correction made under s. 35.17, Stats., Register December 2024 No. 828.

Wis. Admin. Code § Trans 150.05 Exemptions {#sec-trans-150.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 150.05}

Private motor carriers operating the following vehicles are not subject to the requirements of this chapter:

(1) Trailers and semitrailers.

(2) A vehicle owned or lease by a rental company and subject to the requirements of ch. Trans 175.

(3) A vehicle operated under a sole source lease provided a copy of the lease agreement is carried in the vehicle to be made available for inspection immediately upon the request of any law enforcement officer.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95.

Chapter Trans 152 WISCONSIN INTERSTATE FUEL TAX AND INTERNATIONAL REGISTRATION PROGRAM

Wis. Admin. Code § Trans 152.01 Introduction {#sec-trans-152.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.01}

(1) Purpose. This chapter creates rules which shall be used in the collection of:

(a) Motor fuel and alternative fuel use taxes for fuel that is purchased in Wisconsin and other jurisdictions and consumed by qualified motor vehicles operating on the highways of this state.

(b) Registration fees paid to Wisconsin and other jurisdictions by persons who purchase IRP registration credentials from the department and operate apportionable vehicles on the highways of this state.

(2) Scope. This chapter applies to persons who operate qualified motor vehicles or apportionable motor vehicles, or both, on the highways of this state.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; am. (1) and (2), renum. (3) to be Trans 152.03, Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.02 Definitions {#sec-trans-152.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.02}

The words and phrases defined in ss. 340.01 and 341.45 (1), Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Applicant” means a person in whose name the application for licensing is filed for the purpose of motor fuel or special fuel tax reporting under the provisions of s. 341.45, Stats.

(2) “Apportionable vehicle” has the same meaning as defined in the international registration plan, article II, s. 204.

Note: The International Registration Plan, Article II, s. 204 defines “apportionable vehicle” as any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and is used for the transportation of persons for hire or designed, used or maintained primarily for the transportation of property and:

1. is a power unit having two axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds; or

2. is a power unit having three or more axles, regardless of weight; or

3. is used in combination, when the weight of such combination exceeds 26,000 pounds gross vehicle weight.

Trucks and truck tractors, and combinations of vehicles having a gross vehicle weight of 26,000 pounds or less and buses used in transportation of chartered parties may be proportionally registered at the option of the registrant.

(3) “Audit” means a physical examination of the records and source documents supporting the licensee’s fuel use reports or the registrant’s IRP reports, or both, conducted pursuant to s. 341.43, Stats., and ch. 78, Stats.

(4) “Authorized representative” means the person commissioned to serve as attorney in fact on behalf of a person pursuant to a power-of-attorney designation.

(5) “Base jurisdiction” means the international fuel tax agreement or IRP member jurisdiction:

(a) Where qualified motor vehicles are based for vehicle registration purposes;

(b) Where the operational control and operational records of the licensee’s qualified motor vehicles are maintained or can be made available; and

(6) “Cancellation” means the annulment of a license and its provisions by either the licensing jurisdiction or the licensee.

(7) “Distance” means miles or kilometers.

(7m) “Established place of business” means a physical structure owned, leased or rented by the fleet registrant. The physical structure shall be designated by a street number or road location, be open during normal business hours, and have located within it all of the following:

(a) A telephone or telephones publicly listed in the name of the fleet registrant.

(b) A person or persons conducting the fleet registrant’s business.

(c) The operational records of the fleet, unless the records can be made available in accordance with the provisions of section 1602 of the international registration plan.

(8) “Fleet” means one or more qualified motor vehicles grouped together for fuel tax reporting purposes.

(9) “Fuel supply tank” means the container for holding, transporting or storing motor fuel or special fuel.

(10) “Highways of this state” means “highways” as defined in s. 340.01 (22), Stats., within the boundaries of this state as defined in article II, section 1, Wisconsin Constitution.

(11) “International fuel tax agreement” or “IFTA” means an agreement between certain member jurisdictions which allows for the collection of fuel taxes owed to all member jurisdictions by the member jurisdiction in which a person is based.

(12) “International registration plan” or “IRP” means an agreement among states and provinces to simplify the payment of registration fees by interstate motor carriers.

(13) “Jurisdiction” means a state, territory or possession of the United States, the District of Columbia, or a state, province or territory of another country.

(14) “Lessee” means a person who has the legal possession and control of a vehicle owned by another under terms of a lease or rental agreement.

(15) “Lessor” means a person who, under the terms of a lease or rental agreement, grants the legal right of possession, control of and responsibility for the operations of the vehicle to another person.

(16) “License” means an international fuel tax agreement license.

(17) “Licensee” means a person who holds a valid fuel tax license issued by the department.

(18) “Operate” has the meaning specified in s. 346.63 (3) (b), Stats.

(19) “Person” includes any individual, public or private corporation, body politic, including any unit or division, joint venture, joint stock company, partnership, association, trust, receiver, executor, administrator, any other fiduciary or any other entity.

(20) “Qualified motor vehicle” means a motor vehicle other than a recreational vehicle used, designed or maintained for transportation of persons or property that meets any of the following:

(a) Having 2 axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms.

(b) Having 3 or more axles regardless of weight.

(c) Is used in combination when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle or registered gross vehicle weight.

(21) “Reciprocal agreement” means an agreement the department enters with another state under s. 341.45 (2), Stats., under which the department may waive all or any part of the requirements of s. 341.45, Stats., upon those who use motor vehicle or alternative fuels.

(22) “Reciprocity agreement” means an agreement that the department enters with another state under s. 341.41, Stats., or with an American Indian tribe or band under s. 341.409, Stats., under which the department may exempt vehicles from certain registration requirements.

(23) “Recreational vehicle” means vehicles such as motor homes, pickup trucks with attached campers and buses, when used exclusively for personal pleasure by an individual. In order to qualify as a recreational vehicle, the vehicle shall not be used in connection with any business endeavor.

(24) “Registrant” means a person, firm or corporation in whose name or names a vehicle is properly registered for IRP purposes.

(25) “Registration” means the qualification of motor vehicles normally associated with a prepayment of licensing fees for the privilege of using the highway and the issuance of license plate and a registration card or temporary registration containing owner and vehicle data.

(26) “Related business” means any of the following:

(a) A person who directly or indirectly owns, controls or holds with power to vote 20% or more of the outstanding voting securities of the licensee, other than the person who holds the securities:

As a fiduciary or agent without sole discretionary power to vote the securities.
Solely to secure a debt, if the person has not in fact exercised the power to vote.

(b) A corporation 20% or more of whose outstanding voting securities are directly or indirectly owned, controlled or held with power to vote, by a licensee who directly or indirectly owns, controls or holds power to vote, 20% or more of the outstanding securities of the licensee, other than a person who holds the securities:

As a fiduciary or agent without sole discretionary power to vote the securities.
Solely to secure a debt, if that person has not in fact exercised the power to vote.

(c) A person whose business is operated by the licensee under a lease or other agreement, or a person substantially all of whose assets are controlled by the licensee.

(d) A person who operates the licensee’s business under a lease or other agreement or controls substantially all of the licensee’s assets.

(e) There is a rebuttable presumption that the licensee’s spouse, domestic partner, relative within the 3rd degree of kinship or the relative within the 3rd degree of kinship of a spouse or domestic partner operating the licensee’s business are controlled by the licensee.

(27) “Reporting period” means, under IFTA, a period of time consistent with the calendar quarterly period of January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Under IRP, “reporting period” means the July 1 through June 30 immediately preceding the commencement of the registration year.

(28) “Revocation” means the withdrawal of fuel tax license or IRP registration and operating privileges by the department.

(29) “Suspension” means the temporary removal of privileges granted to the licensee or registrant by the department.

(30) “Total distance” means all miles or kilometers traveled during the reporting period by every qualified motor vehicle or apportionable vehicle in the licensee’s fleet regardless of whether the miles or kilometers are considered taxable or nontaxable.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. (2) to (25) to be (3) to (11), (13), (14) to (20), (23), (25) to (30) and am. (3), (5) (intro.), (11), (13), (16), (20) (a) to (c), (28), (29) and (30), cr. (2), (12), (21), (22) and (24), Register, May, 1997, No. 497, eff. 6-1-97; CR 04-004: cr. (7m), am. (16) and (27) Register December 2004 No. 588, eff. 1-1-05; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; CR 22-048: am. (22) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 152.025 Applications for motor carrier credentials {#sec-trans-152.025 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.025}

(1) An application for motor carrier interjurisdictional credentials within this chapter shall require the applicant’s established place of business in Wisconsin for IRP and IFTA.

(2) An owner operator who cannot meet the requirements in sub. (1) may satisfy the requirement for registration in Wisconsin if the owner operator can verify a Wisconsin connection. He or she shall provide all of the following:

(a) A phone bill with a Wisconsin phone number and Wisconsin geographical address.

(b) A valid Wisconsin drivers license.

History

CR 04-004: cr. Register December 2004 No. 588, eff. 1-1-05.

Wis. Admin. Code § Trans 152.03 International fuel tax agreement {#sec-trans-152.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.03}

Under the authority of s. 341.45 (4), Stats., Wisconsin became a member of the international fuel tax agreement. The IFTA is an agreement among states and provinces to simplify the reporting of fuel use taxes by interstate motor carriers. The IFTA reduces the paperwork and compliance burdens for fuel tax reporting. The IFTA does not impose taxes but allows interstate motor carriers to report their fuel use taxes to a base state on a uniform basis. The provisions of the international fuel tax agreement in effect on January 1, 1997 and those subsequently ratified by this state are incorporated by reference. If any provisions of this subchapter are inconsistent with the provisions in the international fuel tax agreement, the provisions of the international fuel tax agreement apply for applicants licensed under the international fuel tax agreement and these provisions apply to persons not licensed under the international fuel tax agreement.

Note: Wisconsin became a member of the international fuel tax agreement effective July 1, 1989. A copy of the agreement may be ordered from the Wisconsin Department of Transportation, Motor Carrier Taxes and Permits Section, P.O. Box 7979, Madison, Wisconsin 53707-7979.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.01 (3) and am., Register, May, 1997, No. 497, eff. 6-1-97.

Subchapter I IFTA

Wis. Admin. Code § Trans 152.04 Imposition of tax {#sec-trans-152.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.04}

(1) General. Any person who purchases or obtains motor fuel or special fuel outside this state and operates any qualified motor vehicle in this state upon a highway and transports motor fuel or special fuel in an attached or unattached fuel supply tank for the sole purpose of operating the qualified motor vehicle shall pay the Wisconsin fuel tax on the gallons consumed by the qualified motor vehicle while operated on the highways of this state. The person shall pay the tax in the following manner:

(a) By purchasing tax paid motor fuel or special fuel within this state in an amount equivalent to the gallonage consumed while operating the qualified motor vehicles on the highways of this state, or

(b) By remitting the tax directly to the department as provided by this chapter, or

(c) By remitting the tax to licensee’s base jurisdiction if that jurisdiction is party to the international fuel tax agreement. This state has adopted the international fuel tax agreement.

(2) Tax exempt miles. This state does not impose a use tax on the fuel consumed for either of the following:

(a) When the motor vehicle is being operated under a fuel trip permit.

(b) When the fuel is consumed while operating on private roads or driveways located in this state.

(3) Compliance. Any person operating a qualified motor vehicle in Wisconsin is required to comply with this chapter. Qualified motor vehicles which are not in compliance with the requirements of this section shall be subject to the penalties provided by s. 341.45, Stats., except those licensed under IFTA will be subject to the penalties provided for under that agreement.

Note: obligations on a trip-by-trip basis in lieu of motor fuel tax licensing is available as specified in ch. Trans 146.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.03 and am. (1), Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.05 Licensing {#sec-trans-152.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.05}

(1) License required. No person who purchases or obtains motor fuel or alternative fuel outside this state may operate a qualified motor vehicle in this state unless the person holds a valid Wisconsin interstate fuel tax license, a valid license issued under the international fuel tax agreement, a valid temporary fuel tax trip permit or has the requirement waived under a reciprocal agreement, or is entering or leaving Wisconsin to have or after having had special equipment, or a body constructed or installed, or for repair.

(2) License application. A person shall file an application for licensing in the name of the licensee with the department on forms specified by the department. The application shall contain the following:

(a) For a U.S. applicant, the federal employer identification number, or in the case of a sole proprietorship, the social security number. For a Canadian-based applicant, the department shall assign account numbers according to a uniform numbering system.

(b) Owner’s, partner’s or corporate name.

(d) Geographical address of the registrant’s established place of business in Wisconsin or the alternative Wisconsin location under s. Trans 152.025 (1) or (2).

(e) Mailing address of the business.

(f) Signature of licensee or authorized representative or attorney in fact.

(g) Number of decals required by licensee.

(h) Application fee of $15.00.

(i) License fee of $3.00.

(j) Decal fee of $2.00.

(k) Statement of existence of bulk storage in Wisconsin and other international fuel tax agreement member jurisdictions.

(L) Name, address and social security number of the preparer.

(m) Indication of whether a person is applying for an international fuel tax agreement license or a Wisconsin interstate fuel tax license.

(n) The person’s start operation date.

(o) United States department of transportation census number.

(p) Number of qualified motor vehicles in a fleet.

Note: A license application form MV2667 may be ordered from the Wisconsin Department of Transportation, Motor Carrier Taxes and Permits Section, P.O. Box 7979, Madison, Wisconsin 53707-7979.

(3) Account identification. The department shall assign an account number to its licensees according to an account numbering system which shall contain an alphabetic designation of the state of Wisconsin and the federal employer identification number of the licensee issued by the internal revenue service.

(4) Previous problems. No license may be issued to an applicant or to any related business if that license is currently cancelled, suspended or revoked in Wisconsin or an international fuel tax agreement jurisdiction.

(5) Bonding.

(a) General. The department may require an applicant to post a surety bond or an irrevocable letter of credit as a condition of obtaining or retaining a license when an applicant has failed to file timely reports, when the fuel tax has not been remitted or when an audit indicates that a bond is required to protect the interests of the department. If a person fails to post a bond within the time required by the department, the department may refuse to issue a license or may revoke a license.

(b) Factors for the department’s consideration. In determining whether or not a bond will be required, the department may consider all relevant factors including the following:

The person’s evidence of adequate financial security.
The person’s prior record of filing tax reports and paying taxes and fees of any kind.
The person’s type of business.
The person’s form of business.

(c) Determination of amount. If a bond is required to be posted, the amount shall be equal to the licensee average quarterly use tax liability or projected liability plus any outstanding delinquency increased to the next even $100 amount.

(d) Return of bond. If the licensee complies with all the requirements of this section for 24 consecutive months, the bond may be returned to the licensee.

(6) Decal. Each licensee shall display 2 current fuel decals issued by the department for each qualified motor vehicle in its fleet. A fuel decal shall be placed on the exterior portion of the cab’s passenger side and driver’s side. In the case of transporters, manufacturers, dealers or driveaway operations, the decals need not be permanently affixed but may be temporarily displayed in a visible manner on the cab’s passenger side and driver’s side.

(7) License display. A licensee shall display a copy of the license in every qualified motor vehicle that the licensee operates under the IFTA license.

(9) Cancellation. A license shall be cancelled at the written request of the licensee.

(10) Leased vehicles. A lessor of vehicles that is regularly engaged in the business of leasing or renting motor vehicles without drivers may be issued a license.

(11) Fleets. No licensee may be issued more than one license per fleet. The licensee shall make legible copies of the license and one copy shall be carried in each qualified motor vehicle. No qualified motor vehicle may be operated in the state of Wisconsin without a copy of the licensee’s fleet license.

(12) Replacement license or decal. If a license or an IFTA decal is lost prior to expiration, the department may issue a replacement license for $3.00 or IFTA decal for $2.00 after the holder sends in a signed statement stating that the prior decal is lost.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.04 and am. (1), Register, May, 1997, No. 497, eff. 6-1-97; CR 04-004: r. and recr. (2) (d), am. (3) (a), (7) and (12), r. (3) (b) and (c) and (8) Register December 2004 No. 588, eff. 1-1-05.

Wis. Admin. Code § Trans 152.06 Tax paid purchases {#sec-trans-152.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.06}

No person may be allowed a credit under s. 341.45 (2), Stats., unless the person maintains the records required by this section and s. Trans 152.07 for fuel tax paid.

(1) Receipt documentation. Licensees shall retain all receipts and invoices, credit card receipts, or microfilm or microfiche copies of the records showing evidence of purchases and whether tax was paid for a period of 4 years from the due date of the tax report, unless the required tax report is not filed. If a tax report is not filed, the licensee shall retain the required records until the department otherwise authorizes. Facsimiles of receipts may be retained by using other types of technology with authorization from the department.

(2) Receipt content. An acceptable receipt or invoice for tax paid purchases credited against motor fuel tax liability must include the following:

(a) Date of purchase.

(b) Seller’s name and address.

(d) Fuel type.

(e) Price per unit or total amount of sale.

(f) Vehicle unit numbers.

(g) Purchaser’s name. In the case of an agreement between a lessor and a lessee, receipts will be accepted in either name, provided a legal connection can be made to the reporting party.

(3) Bulk storage. In the case of fuel withdrawals from licensee owned, tax paid bulk storage, credit may be obtained under s. 341.45 (2), Stats., only if the following detailed records are maintained for each withdrawal of fuel:

(a) Date of withdrawal.

(b) Number of units.

(d) Vehicle unit numbers.

(e) Purchase and inventory records to substantiate that tax was paid on all bulk purchases.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.05, Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.07 Licensee records requirements {#sec-trans-152.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.07}

(1) Fuel. Each licensee shall maintain a complete record of all fuel purchased, received and used in the conduct of its business. The fuel records shall contain the following:

(a) The date of each receipt of fuel.

(b) The name and address of the person from whom purchased or received.

(d) The type of fuel.

(e) The vehicle or equipment into which the fuel was placed.

(f) Fuel summaries for each vehicle for each jurisdiction in which the vehicle was operated.

(g) Summaries of the total fuel obtained under each category specified in pars. (c) to (f) for each calendar quarter.

(2) Distance. All licensees shall, in addition, maintain detailed distance records on an individual vehicle basis. Such records shall contain the following:

(a) Both taxable and non-taxable usage of fuel.

(b) Actual distance traveled for taxable and non-taxable use.

(d) Summaries of the total distance under each category specified in pars. (a) to (c) for each calendar quarter.

(e) Supporting information shall include the following information:

Date of trip (starting and ending).
Trip origin and destination.
Route of travel.
Beginning and ending odometer or hubodometer reading of the trip.
Total trip distance.
Distance by jurisdiction.
Unit number or vehicle identification number.
Vehicle fleet number.
Registrant’s name.

(2m) Decal accountability. The licensee is responsible to account for all decals issued to licensee. That includes which vehicle decals were placed on and the sequential decal identification number that the vehicle received. Failure to account for all decals issued, for a period of 4 years may result in a 4-mpg jeopardy assessment based on Wisconsin average vehicle use.

(3) Retention period. Licensees shall retain the records required by subs. (1) and (2) for a period of 4 years from the due date of the tax report unless the required tax report is not filed. If a required tax report is not filed, the licensee shall retain the required records until the department otherwise authorizes. Failure to timely provide records demanded for the purpose of audit extends the statute of limitations for assessment of additional tax by the department until 9 months after the records are provided. Successive failures to adequately respond to a demand for records relate back to the first demand. The record retention period is extended indefinitely by refusal to provide documents.

(4) Burden of proof. All motor fuel or special fuel acquired which is normally subject to use tax is taxable unless proof to the contrary is provided by the licensee.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.06, Register, May, 1997, No. 497, eff. 6-1-97; CR 04-004: cr. (2m) Register December 2004 No. 588, eff. 1-1-05.

Wis. Admin. Code § Trans 152.08 Reporting {#sec-trans-152.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.08}

(1) Quarterly reports. Except as provided in sub. (2), all licensees shall file a calendar quarterly report with the department and shall pay all taxes due. Payment shall be included with the quarterly report. Quarterly reports are required, even if no operation was conducted during the reporting period or if no taxable fuel was used. Failure to receive the authorized report form does not relieve the licensee from the obligation of submitting a report.

(2) Annual reports. Notwithstanding the quarterly reporting requirements of sub. (1), the department may allow annual reporting by licensees who have been reporting for at least one calendar year and whose operations equal less than 5,000 total annual miles or 8300 kilometers in Wisconsin. This will be based upon at least 4 quarters of filing history. Should a licensee choose to report annually, it shall petition the department and receive approval to do so. The reporting period for a licensee filing annual reports shall be from April 1 to March 31.

(3) Due date. The report filed by the licensee shall be due on the last day of the month immediately following the close of the quarter for which the report is due. Reports postmarked with U.S. or Canadian postal service postmark not later than midnight of the due date or marked as received by the fuel tax unit within the department prior to the due date shall be considered timely filed. If the last day of the month falls on a Saturday, Sunday or legal holiday, the next business day shall be considered the due date.

(4) Computer-generated reports. The department may authorize a licensee or its agent to submit a computer-generated report in lieu of the standard report if the report includes all required information and is in a form which is acceptable to the department.

(5) Penalty. Reports not filed by the due date shall be considered late and any taxes due considered delinquent. The department shall assess the licensee an appealable penalty of $50 or 10% of assessed taxes, whichever is greater, for any of the following:

(a) Failure to file a required report.

(b) Filing a required report late.

(d) Underpaying or failing to pay taxes due at the time of filing the report.

(6) Interest. The department shall assess interest on all delinquent taxes due from the due date of the report. Interest shall accrue at the interest rate of one percent per month. One month’s interest shall be charged for each month or fraction thereof that a report is late.

(7) Alternate measurement. For reporting fuels that cannot be measured in liters or gallons, the licensee shall report the fuel at a conversion factor determined by the department.

(8) Amendments. Licensees may not amend quarterly reports requesting a refund after receiving notification of an impending audit.

(9) Revocation. If any licensee fails to report when required to do so or fails to pay in full the taxes due, the department shall mail a notice of intent to revoke the license to the address of record of the licensee advising of the immediate revocation of IFTA licensing privileges if the delinquent amount is not paid within 10 days. If the person’s tax delinquency has not been satisfied within 10 days, the person’s license shall be revoked.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.07, Register, May, 1997, No. 497, eff. 6-1-97; CR 04-004: am. (9) Register December 2004 No. 588, eff. 1-1-05.

Wis. Admin. Code § Trans 152.09 Refunds and credits {#sec-trans-152.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.09}

(1) Refund requests. The licensee shall receive on request a refund of any accumulated credits. An applicant claiming a refund shall file a report in the form prescribed by the department together with the proof of the payment of the tax. If the report is not filed within 90 days of the end of the quarter in which the credit accrued, no refund may be paid.

(2) Credits. A licensee shall receive full credit for tax paid on fuel purchased in Wisconsin and consumed in another jurisdiction provided a fuel use tax is paid to the other jurisdiction. Upon request, the department shall refund the amount of any credit balance. Proof of payment of tax paid to Wisconsin and other jurisdictions may be required. A credit, when not refunded, shall be carried over to offset liabilities of the licensee in future reporting periods until the credit is fully offset or until 8 calendar quarters shall have passed from the end of the calendar quarter in which the credit accrued, whichever occurs sooner. A credit shall be forfeited if not used or refunded within the 8-quarter period.

(3) Delinquent taxes. As a condition to issuance of a fuel tax license, an applicant shall authorize on the application that a refund may be withheld if the licensee is delinquent of fuel use taxes due or taxes or fees due other agencies of this state. Refunds may be withheld if there is another tax or monetary liability due to another state agency. No refund shall be issued to any person that has not filed all reports due at the time of the request or who has not paid all taxes due under s. 341.45, Stats. The department may set off any refunds due a person if the person is delinquent of fuel taxes or any other fees to the department or any other state agency. Setoffs are allocated to delinquent fuel taxes, registration fees due the department and then to fees due other agencies.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.11, Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.095 Successor liability {#sec-trans-152.095 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.095}

(1) General. If any licensee liable for any amount of tax and interest under this subchapter sells the licensee’s business, substantially all the assets of the business or quits the business, the licensee’s successor shall withhold a sufficient amount of the purchase price to cover such amount until the former licensee produces a receipt from the department that it has been paid or a certificate stating that no amount is due. If any taxes and interest are due, the licensee’s successor is personally liable for the payment of the amount required to be withheld to the extent of the purchase price.

(2) Definitions. In this section:

(a)

“Successor” includes any of the following:

a. A purchaser or assignee of a business or assets of a business.

b. A creditor, including a financial institution, that actually operates the business or part of the business which has been voluntarily surrendered by a delinquent debtor in full or partial liquidation of the debt.

“Successor” does not include:

a. A surviving joint tenant where the business or assets passes by law to the remaining joint tenant.

b. A financial institutional or mortgagee who forecloses on a loan to a licensee owing delinquent tax.

c. A personal representative, special administrator or the licensee’s estate.

(b) “Purchase price” includes all of the following:

Consideration paid for tangible personal property and for intangibles such as leases, licenses and good will.
Fair market value or property received for tangible personal property and for intangibles such as leases, licenses and good will.
Debts assumed by the purchaser, or canceled by a creditor.

(3) Extent of liability.

(a) If there is no purchase price, there shall be no successor’s liability.

(b) A successor shall be liable to the extent of the purchase price.

(c) A successor shall be liable only for the amount of tax and interest and not for penalties. The successor’s liability shall not bear interest after the purchase date.

(d) A successor’s liability is determined by law and may not be altered by agreements or contracts between the buyer and the seller.

(4) Procedures for purchasers.

(a) A purchaser shall withhold a sufficient amount from the purchase price to cover any fuel use tax and interest liability.

(b) The purchaser shall submit a written request to the department for a clearance certificate. The letter requesting the certificate shall include the licensee’s name, business name and license number, if known, of the prior operator. All fuel use tax reports for all periods shall be filed with the department before it may issue the certificate.

(c) The department has 60 days from the date it receives the request for clearance certificate or from the date that the former owner makes its records available, whichever is later, but no later than 90 days after it receives the request, to ascertain the amount of fuel tax liability, if any. The department shall, within these periods, issue either of the following:

A clearance certificate.
A notice of fuel use tax liability to the successor, which shall state the amount of tax and interest due before a clearance certificate can be issued.

(d) The department’s failure to mail the notice within the 90 day period under par. (c) shall release the purchaser from any further liability.

(5) Department’s collection procedures.

(a) The department shall first direct collection actions against a licensee who sells the licensee’s business, supplies or equipment.

(b) Action against the successor may not be commenced prior to an action against the predecessor unless the predecessor has no ability to pay or it appears that a delay would jeopardize collection of an amount due.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Subchapter II IRP

Wis. Admin. Code § Trans 152.10 International registration plan {#sec-trans-152.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.10}

Under the authority of s. 341.405, Stats., Wisconsin became a member of the international registration plan. The IRP is an agreement among states and provinces to simplify the payment of registration fees by interstate motor carriers. The IRP reduces the paperwork and compliance burdens for the motor carrier industry. The provisions of the international registration plan in effect on October 1, 1996, and those subsequently ratified by this state, are incorporated by reference.

Note: A copy of the plan, as well as previous versions of the plan, are available at https://www.irponline.org/page/ThePlan.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.101 IRP registration application {#sec-trans-152.101 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.101}

A person shall file an application for licensing in the name of the licensee with the department on forms specified by the department. The application shall contain the following:

(1) The federal employer identification number. For owner operators, a valid Wisconsin drivers license number.

(2) Valid IFTA license. Owner operators without their own IFTA license shall provide a copy of a current lease showing name of lessor, individual or legal name of the lessee, the date of the lease, the period of the lease, and a statement that the lessee is responsible for the filing of the fuel tax. If the lease terminates prior to the IRP renewal, the new lease shall be provided to the department within 30 days of new lease.

(3) USDOT number of the motor carrier responsible for the safety of the registered vehicle.

(4) Owner’s, partner’s or corporate name.

(5) Legal business name if different than sub. (2).

(6) Geographical address used for the established place of business.

(7) A telephone bill with a Wisconsin phone number and Wisconsin geographical address in the business name billed to the established place of business address.

(8) Registration with the Wisconsin department of financial institutions as a business in good standing in Wisconsin.

(9) An original signature of the licensee and if there is an authorized representative or attorney in fact, the original signature of the authorized representative or attorney in fact, or in an electronic format as prescribed by the department.

(10) Proof of vehicle ownership in the form of a photocopy of the vehicle title.

Note: A license application form MV2854 may be ordered from the Wisconsin Department of Transportation, Motor Carrier Services Section, P.O. Box 7955, Madison, Wisconsin 53707-7955.

History

CR 04-004: cr. Register December 2004 No. 588, eff. 1-1-05.

Wis. Admin. Code § Trans 152.105 Registration required {#sec-trans-152.105 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.105}

No person may operate an apportionable vehicle in this state unless at the time of operation the vehicle is registered under the IRP, is issued a valid vehicle registration trip permit, is exempt under a reciprocity agreement, or is entering or leaving Wisconsin to have or after having had special equipment, or a body constructed or installed, or for repair as provided by s. 341.40, Stats.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.11 Records requirements {#sec-trans-152.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.11}

(1) Distance records. All registrants shall maintain detailed distance records on an individual vehicle basis. Such records shall contain all of the following:

(a) Actual distance travelled.

(b) Distance summaries for each vehicle for each jurisdiction in which the vehicle operated.

(d) Supporting information shall include the following information:

Date of trip, both starting and ending.
Trip origin and destination.
Route of travel.
Beginning and ending odometer or hubodometer reading of the trip.
Total trip distance.
Distance by jurisdiction.
Unit number or vehicle identification number.
Vehicle fleet number.
Registrant’s name.

(2) Electronic records and record keeping. On-board recording devices, satellite tracking systems, or other electronic data recording systems may be used in lieu of or in addition to handwritten detailed distance records for record keeping purposes. If a registrant or licensee exercises this option, any device or electronic system used in conjunction with a device shall meet the requirements specified in s. Trans 152.11 (1), unless waived by the department. Other equipment monitoring devices, such as those that transmit or may be interrogated as to vehicle location or travel, may be used to supplement or verify handwritten or electronically-generated detailed distance records.

(3) Title. A copy of the Wisconsin title to the vehicle being registered shall accompany the application and be maintained in the carrier’s file.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97; CR 04-004: cr. (3) Register December 2004 No. 588, eff. 1-1-05.

Wis. Admin. Code § Trans 152.12 Records retention period {#sec-trans-152.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.12}

Registrants shall retain the records for an application for apportionment registration required by s. Trans 152.11 for 5½ years. Failure to timely provide records demanded for the purpose of audit extends the statute of limitations for assessment of additional tax by the department until 9 months after the records are provided. Successive failures to adequately respond to a demand for records relate back to the first demand. The record retention period is extended indefinitely by refusal to provide documents.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.123 Inadequate records penalty {#sec-trans-152.123 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.123}

If any person fails to make the records required under s. Trans 152.11 available upon proper request or if any person fails to maintain adequate required records, the department may compute and assess upon the registrant an inadequate records penalty in addition to other penalties, taxes and fees. The IRP penalty assessment shall be computed as follows:

(1) Upon the registrant’s first refusal to make the required records available upon proper request or upon the department’s first determination of inadequate maintenance of records, a penalty equal to 20% of the total registration fee for the period under review.

(2) If the registrant was previously assessed an inadequate record penalty, then upon the registrant’s refusal to make the required records available upon proper request or upon the department’s determination of inadequate maintenance of records, a penalty equal to 50% of the total registration fee for the period under review.

(3) If the registrant was previously assessed more than one inadequate record penalty, then upon the registrant’s refusal to make the required records available upon proper request or upon the department’s determination of inadequate maintenance of records, a penalty equal to 100% of the total registration fee for the period under review.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.124 Special registration period {#sec-trans-152.124 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.124}

(1) The department may require that any vehicle eligible for registration under the IRP be registered according to a monthly series system of registration prescribed by this section.

(2) There are established 12 registration periods, each to be designated by a calendar month and to start on the first day of such month and end on the last day of the 12th month from the date of commencement. The department shall administer the monthly series system of registration to distribute the work of registration throughout the calendar year.

(3) All vehicles subject to registration under the monthly series system under this section shall be registered by the department for a period of 12 consecutive calendar months, except as follows:

(a) If the registrant holds IRP registration plates which were removed from a vehicle and the plates were issued under the monthly series system, the department shall register a replacement vehicle of the same type and gross weight which is the subject of the application for the remainder of the unexpired registration period.

(b) If the registrant does not hold current IRP registration plates under the circumstances described in par. (a) and the application is an original rather than a renewal application, the department may register the vehicle which is the subject of the application for such period or part of a period as the department determines will help to equalize the registration and renewal workload of the department.

(4) When the department initially implements the monthly series registration system under this section, it may provide for renewal registration periods of not less than 6 months nor more than 18 months. The fees under this subsection shall be assessed according to the length of the registration periods.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.125 Permanent IRP plates {#sec-trans-152.125 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.125}

(1) The department may issue permanent registration plates to vehicles registered under the auspices of the IRP.

(2) The department shall charge a fee of $3.00 to cover the cost of issuance of each plate issued under the IRP as specified in s. 341.405 (2), Stats.

(3) The department shall charge a fee of $3.00 to cover the cost of issuance of each cab card issued under the IRP as specified in s. 341.405 (2), Stats.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.126 Display of IRP plates {#sec-trans-152.126 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.126}

(1) The department may issue one registration plate to each vehicle registered under the auspices of the IRP.

(2) If the vehicle is a truck tractor, road tractor or motor truck, the registration plate shall be attached firmly and rigidly in a horizontal position in a conspicuous place on the front of the vehicle.

(3) If the vehicle is a semitrailer or trailer, the registration plate shall be attached firmly and rigidly in a horizontal position in a conspicuous place on the back of the vehicle.

(4) The plate shall at all times be maintained in a legible condition and shall be so displayed that it can be readily and distinctly seen and read.

(5) Any peace officer may require the proper display of a plate pursuant to this section.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.128 Penalties {#sec-trans-152.128 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.128}

Persons who own or operate apportionable vehicles which are not in compliance with the requirements of subch. II may be subject to the penalties under s. 85.16, Stats.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Subchapter III Audits, Assessments and Appeals

Wis. Admin. Code § Trans 152.13 Audits and assessments {#sec-trans-152.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.13}

(1) Audit. The department may conduct such audits that it deems necessary to determine the adequacy of the taxes or fees paid under this chapter. All records described in this chapter shall be made available to the department at its request.

(2) Auditor expenses. If the records of an applicant, a licensee or a registrant are not made available to the department in Wisconsin, the department shall require the applicant, licensee or registrant to reimburse the department for actual and necessary expenses plus wages pursuant to the appropriate state compensation plan or applicable labor agreement. The actual and necessary expenses charged include the following:

(a) Travel expenses.

(b) Meal expenses.

(d) Telephone expenses.

(e) Copying and data processing expenses.

(3) Assessments.

(a) The department may, by field or office audit, determine the fuel use tax or registration fees to be paid or refunded to any person. The determination may be made on the basis of facts contained in the reports or upon any other information in the department’s possession. The determination may be made on the basis of sampling, whether or not the person being audited has complete records of transactions and whether or not the person being audited consents. The department may examine and inspect books, records, memoranda and property of any person in order to verify the tax liability of that person or another person. The department may subpoena any person to give testimony under oath before it and to produce whatever books, records or memoranda are necessary in order to enable the department to verify the tax liability of that person or another person. The determination by the department shall be presumed to be correct. If that determination is challenged, the burden of proving its invalidity shall be on the person challenging it.

(b) If any person fails to make records available upon proper request or if any person fails to maintain records from which the true liability may be determined, the department may assess a tax or registration fee based upon the department’s estimation of the tax or registration fee liability. The department may make an estimate from information previously furnished by the person, if available, may make an estimate based upon 4 miles per gallon, and any other pertinent information that may be available to the department. The assessment made by the department pursuant to this procedure shall be presumed to be correct, and in any case where the validity of the assessment is drawn in question, the burden shall be on the person to establish by a fair preponderance of evidence that the assessment is erroneous or excessive.

(c) In the event that a person fails, neglects or refuses to file a tax report when due, the department shall, on the basis of the best information available to it, determine the tax or fee liability and shall, after adding the appropriate penalties and interest, serve the assessment upon the person in the same manner as an audit assessment.

(4) Notice of action. The department shall notify the licensee or other person audited in writing of the notice of action of any audit they perform. The department may issue a proposed notice of action to a licensee or other person audited before issuing the notice of action.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.08 and am. (1), (2) (intro.), (3), Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Trans 152.14 Appeal procedures {#sec-trans-152.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.14}

(1) General. A person feeling aggrieved by the notice of an action may petition the department’s motor carrier tax and permit section for a redetermination. If a person files a petition for redetermination, the additional tax or overpayment shall not become due and payable until 30 days after the matter becomes final.

(2) Format. The petition for redetermination shall be written, preferably typed, on only one side of plain white paper 8 1/2 inches wide by 11 inches long. This request shall set forth clearly and concisely the specific grievance to the action, including a statement of the relevant facts and propositions of law upon which the grievance is based. Each request shall be signed by the taxpayer or a duly authorized representative.

(3) Filing deadline. A petition for redetermination shall be filed within 30 days after the receipt of notice of an action. A petition for redetermination is not considered filed within the 30 day period unless it is actually received by the department’s motor carrier tax and permit section, or unless it is mailed in a properly addressed envelope, with postage prepaid, the envelope is postmarked before midnight of the 30th day and the petition is actually received by the department within 5 days of the prescribed 30th day date.

(4) Payment. Any person who files a petition for redetermination may pay any portion of the assessment admitted to be correct together with interest to date of payment. The payment shall be considered an admission that that portion of the assessment is correct. The admitted portion that is paid may not be recovered in an appeal in any other action or proceeding.

(5) Informal conference. A petitioner may request in a petition for redetermination or at any time before the department has acted upon the petition, an informal conference at which the facts and issues involved in the assessment or determination may be discussed. The conference shall be held at a time and place determined by the department.

(6) Closing stipulations. If by the informal conference or otherwise the parties reach an agreement as to the facts, issues and applicable law, the department and the petitioner may enter into a closing stipulation.

(7) Full disclosure. No person against whom an assessment of taxes or fees has been made shall be allowed in any action either as a plaintiff or a defendant or in any other proceeding to question such assessment unless such person has complied with s. Trans 152.14 (1) to (3) and unless such person makes full disclosure under oath at the hearing before the tax appeals commission of all relevant matters. The department of transportation may waive the requirement of full disclosure under oath.

(8) Further appeal. Any person who has filed a petition for determination with the department and who is aggrieved by the redetermination of the department may, within 30 days after the redetermination but not thereafter, file a petition for review of the action of the department with the tax appeals commission.

Note: The Tax Appeals Commission mailing address is 5005 University Avenue, Suite 110, Madison, Wisconsin 53705-5400. See also ch. TA 1, Practice and Procedures before the Tax Appeals Commission.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.09, am. (2) and cr. (7), Register, May, 1997, No. 497, eff. 6-1-97; CR 04-004: renum. (7) to be (8) and am., cr. (7) Register December 2004 No. 588, eff. 1-1-05.

Wis. Admin. Code § Trans 152.15 Revocation {#sec-trans-152.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.15}

If an assessed tax or fee has not been paid when due and the person has not filed a written appeal within 30 days of the notification of action or audit finding, that tax or fee becomes delinquent. A notice of delinquency and revocation shall be sent to the last known address of the licensee or registrant advising of the immediate revocation of fuel tax licensing, IRP registration privileges, or hire operating authority. A license may also be revoked if the licensee fails to comply with the provisions of this chapter or the provisions of the IFTA or IRP. An appealable notice of revocation shall be mailed to the licensee’s or registrant’s mailing address of record. If the appeal is not filed within 30 days, the revocation shall be final and conclusive. A license or registrant’s licensing privileges shall remain revoked until the reason for the revocation has been removed. In addition, the department may revoke, suspend or refuse any registration, certificate or permit issued under the authority of the department upon revocation of a person’s fuel tax or IRP licensing privileges.

History

Cr. Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.10 and am., Register, May, 1997, No. 497, eff. 6-1-97; CR 04-004: am. Register December 2004 No. 588, eff. 1-1-05; 2013 Wis. Act 363: am. Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 152.16 Jeopardy assessment {#sec-trans-152.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.16}

Before any tax or fee becomes due, if the department has reason to believe that any licensee or registrant, including former registrants or licensees, intends or is likely to evade or attempt to evade payment of the tax or fee when due, or intends or is likely to convey, dispose of, or conceal his or her property or abscond from the state, or do any other act which would render the state insecure in the collecting the tax or fee when due, the department may demand payment forthwith of all taxes and fees accrued by the licensee or registrant, which shall immediately become payable and collectible as if delinquent, and the property of the licensee or registrant shall be subject to attachment as provided in s. 78.70, Stats.

History

Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Subchapter IV Collections

Wis. Admin. Code § Trans 152.17 Actions to collect tax, fees and penalties {#sec-trans-152.17 omnilex-key=us-wi-regs-official--agency-trans--Trans 152.17}

(1) Department collection. The department shall make initial efforts to collect delinquent fuel tax and registration fees. The department may:

(a) Assess the person responsible for paying the fuel use taxes and registration fees. The department may subpoena any records necessary to determine the person responsible for paying the fuel use taxes and registration fees. Any officer, employee, fiduciary or agent who is responsible for paying taxes, fees, interest, penalties or other charges under this chapter incurred by another person but not paid is personally liable for those taxes, fees, interest, penalties or other charges. The officer, employee, fiduciary or agent may appeal that determination under the procedures of subch. III.

(b) Suspend or refuse to issue any permit, license or registration to any person who is responsible for paying the fee, taxes, interest or penalty under this chapter.

(2) Third party collection. The department may refer for collection any delinquent fuel taxes and registration fees to the department of revenue. The department of revenue may collect any delinquent fuel taxes and registration fees as it collects motor vehicle fuel and alternative fuel general aviation taxes under s. 78.70, Stats.

History

CR 04-004: cr. Register December 2004 No. 588, eff. 1-1-05.

Chapter Trans 154 VEHICLE ODOMETER DISCLOSURE REQUIREMENTS

Wis. Admin. Code § Trans 154.01 Purpose and scope {#sec-trans-154.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.01}

The purpose of this chapter is to establish the department’s administrative interpretation of ss. 218.0146, 218.33, 218.52, 341.10, 342.01, 342.05, 342.06, 342.10, 342.11, 342.14, 342.15, 342.155, 342.156, 342.157, 342.16, 342.18, 342.23, 342.25, 342.255, 342.32 and 347.415, Stats., relating to the implementation of the provisions of the federal odometer law, 49 USC 32701 to 32711, as they affect regulation of vehicle odometers, odometer mileage disclosure, odometer record keeping requirements, and titling by distributors, wholesalers, manufacturers, motor vehicle dealers, mobile home dealers, motor vehicle salvage dealers, motor vehicle auction dealers, moped dealers, motor vehicle salvage pools, and nonresidents.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 02-029: am. Register July 2002 No. 559, eff. 8-1-02.

Wis. Admin. Code § Trans 154.02 Definitions {#sec-trans-154.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.02}

The words and phrases defined in ch. 340, Stats., and ss. 342.01 (2), 218.0101, 218.10, 218.20, 218.30, 218.40 and 218.50, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1g) “Access” means the authorized entry to, and display of, a document, record, or other information in a manner allowing modification of previously stored data, even if the stored data is not modified at the time it is accessed. “Access” does not include a display of an electronic record for viewing purposes where modification of stored data is not possible, or where modification to the record is possible but results in a new, unique electronic document or record.

(1m) “Assign ownership” or “assigning ownership” means the act or process of transferring ownership of a motor vehicle by the owner named on the certificate of title.

(2) “Conforming” means a certificate of title or vehicle ownership document, a supplemental transfer of ownership document or a power of attorney form is printed using a secure printing process or other secure process and contains the odometer disclosure statement language required by federal and Wisconsin law.

(3) “Consignor” means the owner of a privately titled motor vehicle who has contracted with a licensed retail dealer to sell the motor vehicle on the owner’s behalf.

(4) “Dealer consignee” means a licensed retail dealer with whom the owner of a privately titled motor vehicle has contracted for the sale of the motor vehicle to a third party purchaser.

(5) “Department” means the department of transportation.

(5g) “Electronic,” when referring to any document, record, or other information, means in an automated format, as defined in s. 342.01(2) (ac), Stats., that is prescribed by the department and maintained in an electronic title system. For the purposes of this chapter, “electronic” is limited to a document, record, or other information created electronically and does not include a physical document, record, or other information converted by scanning and imaging for storage in an electronic medium.

(5k) “Electronic title system” means any system employed to create, store, or maintain any electronic document, record, or other information subject to this chapter.

(6) “IRP” means the international registration plan.

(7) “Nonconforming” means a certificate of title or any supplemental transfer of ownership document does not contain the odometer disclosure statement language required by federal and Wisconsin law and is not set forth by means of a secure printing process or other secure process.

(7g) “Physical,” when referring to a document, record, or other information, means printed on paper by a secure printing process or other secure process that meets all the requirements of this chapter.

(7k) “Printed name” means either:

(a) For a physical document, the clear and legible name applied to the physical document of the signatory.

(b) For an electronic document, the clear, legible, visible, audible, recognizable, or otherwise understandable name of the electronic signatory recorded and stored electronically.

(8) “Reassign ownership” or “reassigning ownership” means the act or process of transferring ownership of a motor vehicle by a licensed dealer or wholesaler if the vehicle was acquired for the purpose of resale and for which the dealer or wholesaler has not applied for or obtained title in the dealer’s or wholesaler’s own name.

(9) “Secure printing process or other secure process” means any process which deters and detects counterfeiting or unauthorized reproduction, or both, and allows alterations to be visible to the naked eye.

(10) “Separate conforming odometer disclosure statement” means a physical or electronic statement issued or approved by the department which is separate from the certificate of title or any other document which is used to assign or reassign ownership and which includes odometer disclosure language required by federal and Wisconsin law.

(10m) “Sign” or “signature” means either:

(a) For a physical document, a person’s name, or a mark representing it, as handwritten personally.

(b) For an electronic document, an electronic sound, symbol, or process that satisfies at least one of the following:

It uses a secure authentication system meeting at least the minimum identification standards for electronic odometer disclosures under 49 CFR 580.3, as published in 84 FR 52699, October 2, 2019.
It is completed in person before a bona fide employee of the department or statutory agent under a surety bond with the department.

(11) “Title,” “certificate” and “certificate of title” means a document issued by a jurisdiction to evidence ownership of a vehicle.

(12) “Wisconsin dealer” means a dealer licensed in Wisconsin.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 02-029: am. (intro.), Register July 2002 No. 559, eff. 8-1-02; CR 25-049: renum. (1) to (1m), cr. (1g), (5g), (5k), (7g), (7k), am. (10), cr. (10m) Register March 2026 No. 843, eff. 4-1-26; correction in (1g), (5g) made under s. 35.17, Stats., Register March 2026 No. 843.

Wis. Admin. Code § Trans 154.03 Assigning and reassigning ownership {#sec-trans-154.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.03}

(1) Responsibilities of owner or agent of owner. When transferring ownership of a previously titled motor vehicle, the owner named on the certificate of title or the agent of the owner shall complete the assignment of ownership and odometer disclosure in the following manner:

(a) Assignment of ownership and odometer disclosure when using a nonconforming title. Any person who transfers a motor vehicle that is titled with a nonconforming title shall complete the assignment of ownership of the vehicle in the designated spaces on the certificate of title and shall complete the odometer disclosure statement on a separate conforming odometer disclosure statement.

(b) Assignment of ownership and odometer disclosure when using a conforming title. Any person who transfers a motor vehicle that is titled with a conforming title shall complete the assignment of ownership of the vehicle in the designated spaces on the certificate of title and shall complete the odometer disclosure in the designated spaces on the certificate of title or on a separate conforming odometer disclosure statement.

(2) Responsibilities of dealer when reassigning ownership of a motor vehicle which has not been previously titled or registered. When reassigning ownership of a motor vehicle which has not been previously titled or registered, a dealer shall complete the reassignment of ownership and odometer disclosure in the following manner:

(a) Reassignments by Wisconsin dealer on a manufacturer's document of origin. To reassign ownership, a dealer shall complete the reassignment of ownership in the designated spaces on the manufacturer's document of origin and shall complete the odometer disclosure in the designated spaces on the manufacturer’s document of origin or on a separate conforming odometer disclosure statement.

If the document of origin does not contain an odometer disclosure statement which includes a certification stating the mileage at the time of transfer, the name and address of the transferring dealer, the name and address of the purchasing dealer, the date of transfer, and that the odometer reading is actual, the dealer shall complete the odometer disclosure statement on a separate conforming odometer disclosure statement and shall complete the reassignment of ownership on the manufacturer’s document of origin.
If the manufacturer’s document of origin does not include available spaces for the reassignment of ownership, the dealer shall complete both the reassignment and odometer disclosure on a conforming supplemental reassignment and odometer disclosure statement which has been issued or approved by the department.

(b) Reassignment by out-of-state dealer on a manufacturer’s document of origin. If the reassigning dealer is licensed in another jurisdiction, the reassignment of ownership and the required odometer disclosure shall be completed as required in sub. (1) or, if the laws of the jurisdiction in which the reassigning dealer is licensed do not require reassigning dealers to provide dealer assignees with an odometer disclosure statement for the vehicles, a Wisconsin dealer assignee is not responsible for obtaining an odometer disclosure statement from the reassigning dealer.

(c) Reassignment and odometer disclosure by Wisconsin dealer on conforming application for title and registration form. Notwithstanding the requirements of par. (a), if the motor vehicle is reassigned by a Wisconsin dealer to a person who is required to apply for a Wisconsin title, the required reassignment of ownership and odometer disclosure may be made on a conforming application for title and registration form or a conforming supplemental reassignment and odometer disclosure statement which has been issued or approved by the department.

(3) Responsibilities of dealer or wholesaler when reassigning ownership and disclosing odometer reading of a previously titled motor vehicle. When reassigning ownership of a previously titled motor vehicle, the reassignment and odometer disclosure shall be completed in the following manner:

(a) Reassignment by dealer or wholesaler when using a conforming Wisconsin title.

If the transferor is a dealer or wholesaler licensed in Wisconsin or in another state and the vehicle is titled with a conforming Wisconsin title, the transferor shall complete the reassignment of ownership in the designated spaces on the certificate of title and shall complete the odometer disclosure in the designated spaces on the certificate of title or on a separate conforming odometer disclosure statement.
If the reassignment is made by a Wisconsin dealer to a person who is required to make an application for a Wisconsin certificate of title, the reassignment of ownership and odometer disclosure may be made on a conforming application for title and registration form which has been issued or approved by the department.
If the transferor is a dealer licensed in another state and the laws or regulations of the state so permit, the reassignment and odometer disclosure may be made on a conforming supplemental reassignment and odometer disclosure statement issued by the state.

(b) Reassignment of ownership by Wisconsin dealer or wholesaler when using a conforming title issued by another jurisdiction. If the transferor is a Wisconsin dealer or wholesaler and the vehicle is titled with a conforming title issued by another jurisdiction, the transferor shall complete the reassignment in the designated spaces on the certificate of title and shall complete the odometer disclosure in the designated spaces on the certificate of title or on a separate conforming odometer disclosure statement.

If no available spaces exist on the certificate of title for the reassignment and odometer disclosure, the dealer or wholesaler shall make application for a certificate of title which names the dealer or wholesaler as owner.
If no available spaces exist on the certificate of title for reassignment and odometer disclosure and the dealer reassigns ownership to a retail purchaser who is required to apply for a Wisconsin title, the reassigning dealer may complete the reassignment of ownership and odometer disclosure on a conforming application for title and registration which has been issued or approved by the department.

(c) Reassignment by a dealer or wholesaler licensed in another state when using a conforming title issued by another jurisdiction.

If the transferor is a dealer or wholesaler licensed in another state and the vehicle is titled with a conforming title issued by another jurisdiction, the transferor shall complete the reassignment of ownership in the designated spaces on the certificate of title and shall complete the odometer disclosure in the designated spaces on the certificate of title or on a separate conforming odometer disclosure statement.
If the laws of the jurisdiction which issued the conforming title or the laws of the jurisdiction in which the reassigning dealer or wholesaler is licensed so permit, the reassignment and odometer disclosure may be completed on a conforming reassignment and odometer disclosure statement which was issued or approved by the jurisdiction.

(d) Reassignment by dealer or wholesaler when using a nonconforming title.

If the transferor of a motor vehicle is a dealer or wholesaler licensed in Wisconsin or another state and the motor vehicle is titled with a nonconforming certificate of title which includes a conforming odometer disclosure statement and spaces for the reassignment of ownership by a dealer, the transferor shall complete the reassignment of ownership on the certificate of title and shall complete the odometer disclosure on the certificate of title or on a separate conforming odometer disclosure statement.
If the nonconforming title does not include a conforming odometer disclosure statement, the reassignment of ownership may be completed in the designated spaces on the certificate of title, if available, and the odometer disclosure statement shall be completed on a separate conforming odometer disclosure statement.
If the nonconforming title does not include available spaces for the reassignment of ownership, the reassignment of ownership and odometer disclosure shall be completed on a conforming statement which has been issued or approved by the department.
If the reassignment of ownership is made by a Wisconsin dealer to a person who is required to make application for a Wisconsin title, the reassignment and odometer disclosure may be made on a conforming application for title and registration which has been issued or approved by the department.
Notwithstanding the requirements of this section, if the reassignment is made by a dealer licensed in another state and the laws of the state so permit, the reassignment and odometer disclosure may be made on a conforming statement which has been issued or approved by the state.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 02-029: am. (2) (a) 1., Register July 2002 No. 559, eff. 8-1-02; CR 25-049: am. (1) (a), (b), (2) (a), (3) (a) 1., (b) (intro.), (c) 1., (d) 1. Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 154.04 Odometer disclosure for transferors and transferees {#sec-trans-154.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.04}

(1) Transferor to disclose mileage to transferee. When transferring ownership of a motor vehicle, each transferor shall disclose the vehicle's mileage to the transferee in writing in the designated spaces on a conforming title, on a separate conforming odometer disclosure statement, or on the conforming power of attorney form as prescribed in s. Trans 154.11. The transferor shall deliver the completed odometer disclosure to the transferee at the time ownership of the motor vehicle is transferred.

(2) Required odometer disclosure information. The transferor shall complete all of the following information on the written or electronic odometer disclosure:

(a) The odometer reading at the time of transfer, not including tenths of miles. The transferor shall certify the odometer reading as one of the following:

If, to the best of the transferor’s knowledge, the odometer reading reflects the actual mileage, the transferor shall include a certification to that effect.
If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the transferor shall include a certification to that effect.
If the transferor knows that the odometer reading differs from the vehicle’s mileage and that the difference is greater than that caused by odometer calibration error, the transferor shall include a certification that the odometer reading is not actual mileage. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.
If, due to an accident, fire or other random occurrence, the odometer reading of the motor vehicle being transferred cannot be read, the transferor shall indicate on the odometer disclosure statement a reading of 0 or a recent reading that can be documented, such as on an odometer statement, emission inspection report or repair invoice, and shall certify that the odometer reading is not actual mileage. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.

(b) The date of the transfer.

(d) The transferee’s name and current address.

(e) The description of the vehicle, including its make, model, year, body type and its vehicle identification number.

(3) Reference to federal and state requirements and penalties. The disclosure statement shall state that the disclosure is required by federal and state law and that failure to complete the disclosure statement or providing false information may result in fines or imprisonment, or both, and may make the transferor liable for damages to the transferee. If the transferor provides the disclosure statement electronically, the transferor shall ensure that the information specified in this subsection is displayed to the transferee prior to the execution of any electronic signatures.

(4) Transferor’s signature and printed name required. The disclosure statement shall be signed by the transferor and include the transferor’s printed name. If the person signing the statement is signing as an authorized agent or employe of any firm or corporation, the printed name of the firm or corporation and the printed name of the person signing shall be included.

(5) Transferee’s signature and printed name required. The disclosure statement shall be signed by the transferee and include the transferee’s printed name. If the person signing the statement is signing as an authorized agent or employe of any firm or corporation, the printed name of the firm or corporation and the printed name of the person signing shall be included.

(6) Prohibition against same person signing as transferor and transferee. Except as provided in ss. Trans 154.10 and 154.11, no person may sign an odometer disclosure statement as both the transferor and transferee in the same transaction.

(7) Copies of electronic disclosure statement. If an odometer disclosure is made electronically on a separate conforming odometer disclosure statement, the department shall make electronic copies of the completed statement available to the transferee and transferor.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 25-049: am. (1) (2) (intro.), (a) 4., (3), cr. (7) Register March 2026 No. 843, eff. 4-1-26; correction in (2) (a) 4. made under s. 35.17, Stats., Register March 2026 No. 843.

Wis. Admin. Code § Trans 154.05 Exemptions from odometer disclosure requirements {#sec-trans-154.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.05}

The transferor of any of the following motor vehicles is not required to disclose the vehicle’s odometer mileage:

(1) A vehicle that is not self-propelled.

(2) A moped.

(3) A vehicle manufactured in or before the 2010 model year that is transferred at least 10 years after January 1 of the calendar year corresponding to its designated model year.

Note: Vehicles with model year 2010 or older are exempt for transfers after January 1, 2020.

(3m) A vehicle manufactured in or after the 2011 model year that is transferred at least 20 years after January 1 of the calendar year corresponding to its designated model year.

Note: For vehicle transfers occurring during calendar year 2031, model year 2011 or older vehicles are exempt. Vehicles with model year 2011 and newer are not exempt until 20 years after their model year.

(4) A vehicle with a gross vehicle weight rating of more than 16,000 pounds. This means a motor vehicle which is or has in the past been registered in Wisconsin or any other state at a gross weight exceeding 16,000 pounds.

(5) A vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications.

(6) A new motor vehicle acquired by a dealer directly from a manufacturer.

(7) A new motor vehicle acquired by a Wisconsin dealer from a dealer licensed in another state which does not require dealers licensed in that state to disclose odometer mileage when reassigning ownership of a new motor vehicle to another dealer.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 21-042: r. and recr. (3), cr. (3m) Register December 2021 No. 792, eff. 1-1-22.

Wis. Admin. Code § Trans 154.06 Odometer disclosure for auction dealers and salvage pools {#sec-trans-154.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.06}

(1) When a motor vehicle, including a salvage vehicle, is sold through an auction dealer or salvage pool, the transferor and transferee shall comply with the requirements relating to assignment or reassignment of ownership and odometer disclosure as specified in s. Trans 154.03.

(2) The auction dealer or salvage pool through which a motor vehicle is sold shall print its business name, auction or wholesaler license number as assigned by the department and the date the motor vehicle was sold in the designated spaces on the certificate of title or conforming supplemental reassignment statement. If the certificate of title or the document used to assign or reassign ownership of the motor vehicle does not include spaces designated for the auction or salvage pool notation, the auction dealer or salvage pool shall, in a manner so as not to obscure or obliterate information already included thereon, clearly and conspicuously print or stamp its business name, license number and date of sale in the left margin of the certificate of title or document in a location immediately adjacent to the assignment or reassignment of ownership which was completed by the transferor. If the left margin does not include sufficient space for the printing or stamp, the required information shall be printed or stamped in a clear space on the face of the certificate of title.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Trans 154.07 Odometer disclosure for leased motor vehicles {#sec-trans-154.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.07}

(1) Lessor's notice to lessee. Prior to transferring ownership of any motor vehicle, the lessor of a leased motor vehicle shall notify the lessee in writing that the lessee is required to provide a written or electronic odometer disclosure to the lessor. This notice shall state that the disclosure is required by federal and state law and that failure to complete the disclosure statement or providing false information may result in fines or imprisonment, or both, and may make the lessee liable for damages to the lessor. If the notice is provided electronically, the lessor shall ensure that the information specified in this subsection is displayed to the lessee prior to, or at the time of, the execution of any electronic signatures.

(2) Requirements relating to lessee's odometer disclosure to lessor. In connection with the transfer of ownership of a leased motor vehicle, the lessee shall furnish to the lessor a written or electronic statement regarding the mileage of the vehicle. The lessee shall sign this statement and, in addition to the information required by sub. (1), the lessee shall complete all of the following information on the statement:

(a) The printed name of the person making the disclosure.

(b) The current odometer reading, not including tenths of miles. The lessee shall certify the odometer reading as one of the following:

If, to the best of the lessee’s knowledge, the odometer reading reflects the actual mileage, the lessee shall include a certification to that effect.
If the lessee knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the lessee shall include a certification to that effect.
If the lessee knows that the odometer reading differs from the vehicle’s mileage and that the difference is greater than that caused by odometer calibration error, the lessee shall include a certification that the odometer reading is not actual mileage. This statement shall alert the lessor that a discrepancy exists between the odometer reading and the actual mileage.
If, due to an accident, fire or other random occurrence, the odometer reading of the motor vehicle being transferred cannot be read, the lessee shall indicate on the odometer disclosure statement a reading of 0 or a recent reading that can be documented, such as on an odometer statement, emission inspection report or repair invoice, and shall certify that the odometer reading is not actual mileage. This statement shall alert the lessor that a discrepancy exists between the odometer reading and the actual mileage.

(d) The lessee’s name and current address.

(e) The lessor’s name and current address.

(f) The identity of the vehicle, including its make, model, year, body type and vehicle identification number.

(g) The date that the lessor notified the lessee of the disclosure requirements.

(h) The date that the completed disclosure statement was received by the lessor.

(i) If the lessor transfers the leased vehicle without obtaining possession of it, the lessor may indicate on the certificate of title the vehicle’s mileage disclosed by the lessee under this section, unless the lessor has reason to believe that the disclosure by the lessee does not reflect the actual mileage of the vehicle.

(j) The lessee’s signature.

Note: Transfer of ownership to lessee or some other person occurs after the termination of the lease.

(3) Requirements for electronic title systems maintained by lessor. If the lessor of a leased motor vehicle maintains any electronic title system for the purpose of complying with the requirements of this section, the lessor shall ensure that the system meets the requirements of s. Trans 154.16 (1).

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 25-049: am. (1), (2) (intro.), (b) 4., cr. (3) Register March 2026 No. 843, eff. 4-1-26; correction in (2) (b) 4. made under s. 35.17, Stats., Register March 2026 No. 843.

Wis. Admin. Code § Trans 154.08 Odometer disclosure for consignment sales {#sec-trans-154.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.08}

(1) Required odometer disclosure from consignor to dealer consignee. When a motor vehicle is offered for sale under a consignment agreement, as specified under s. Trans 138.04 (1) (b), the consignor shall complete and deliver to the dealer consignee a separate conforming odometer disclosure statement. The consignor shall complete all of the following information on the written or electronic odometer disclosure:

(a) The odometer reading at the time the consignment agreement is completed, not including tenths of miles. The consignor shall certify the odometer reading as one of the following:

If, to the best of the consignor’s knowledge, the odometer reading reflects the actual mileage, the consignor shall include a certification to that effect.
If the consignor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the consignor shall include a certification to that effect.
If the consignor knows that the odometer reading differs from the vehicle’s mileage and that the difference is greater than that caused by odometer calibration error, the consignor shall include a certification that the odometer reading is not actual mileage. This statement shall alert the dealer consignee that a discrepancy exists between the odometer reading and the actual mileage.
If, due to an accident, fire or other random occurrence, the odometer reading of the motor vehicle being transferred cannot be read, the consignor shall indicate on the odometer disclosure statement a reading of 0 or a recent reading that can be documented, such as on an odometer statement, emission inspection report or repair invoice, and shall certify that the odometer reading is not actual mileage. This statement shall alert the dealer consignee that a discrepancy exists between the odometer reading and the actual mileage.

(b) The date the consignment agreement is completed.

(d) The dealer consignee’s name and current address.

(e) The description of the vehicle, including make, model, year, body type and vehicle identification number.

(2) Reference to federal and state requirements and penalties. The disclosure statement shall state that the disclosure is required by federal and state law and that failure to complete the disclosure statement or providing false information may result in fines or imprisonment, or both, and may make the consignor liable for damages to the dealer consignee.

(3) Consignor’s signature and printed name required. The disclosure statement shall be signed by the consignor and include the consignor’s printed name. If the person signing the statement is signing as an authorized agent or employe of any firm or corporation, the printed name of the firm or corporation and the printed name of the person signing shall be included.

(4) Dealer consignee’s signature and printed name required. The disclosure statement shall be signed by the dealer consignee and include the transferee’s printed name. If the person signing the statement is signing as an authorized agent or employe of any firm or corporation, the printed name of the firm or corporation and the printed name of the person signing shall be included.

(5) Showing consignor’s odometer disclosure to prospective purchaser. Prior to the sale of a motor vehicle, the dealer consignee shall show each prospective retail purchaser the odometer disclosure statement which was completed by the consignor.

(6) Consignor’s and dealer consignee’s responsibility upon sale of the consigned motor vehicle. Upon sale of a consigned motor vehicle, the consignor shall complete the assignment of ownership to the dealer consignee on the conforming certificate of title for the vehicle and the odometer disclosure on the conforming certificate of title for the vehicle or on a separate conforming odometer disclosure statement. If a consigned motor vehicle is titled with a nonconforming title, the consignor shall complete the assignment of ownership to the dealer consignee on the certificate of title and the vehicle's odometer disclosure statement on a separate conforming odometer disclosure statement. The dealer consignee shall complete the dealer reassignment, including the odometer disclosure statement, to the purchaser and shall, as required in s. 342.16 (1) (a), Stats., submit the purchaser's application for certificate of title to the department. If the purchaser is not a resident of this state, or is not required to register the motor vehicle in this state, the dealer consignee shall, in lieu of submitting the purchaser's application for title to the department, deliver the documents to the purchaser.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 25-049: am. (1) (intro.), (a) 4., (6) Register March 2026 No. 843, eff. 4-1-26; correction in (1) (a) 4. made under s. 35.17, Stats., Register March 2026 No. 843.

Wis. Admin. Code § Trans 154.09 Odometer disclosure for repaired or replaced odometers {#sec-trans-154.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.09}

(1) Requirements and disclosure when odometer repaired or replaced. An odometer may be serviced, repaired or replaced, provided the vehicle’s mileage indicated thereon remains the same as before the service, repair or replacement. The transferor may disclose that the odometer reading reflects the actual mileage at the time of sale. If the odometer is incapable of registering the same mileage as before the service, repair or replacement, the odometer shall be adjusted to zero. A written notice shall be attached, by the owner or an agent, to the left door frame of the motor vehicle, or other location prescribed by the department. The notice shall specify the vehicle’s mileage prior to the service, repair or replacement of the odometer and the date on which it was serviced, repaired or replaced. No person may remove the notice. The transferor shall disclose that the odometer reading does not reflect the actual mileage.

(2) Replacement of odometer which registers kilometers with odometer which registers miles. If the vehicle being transferred was originally equipped with an odometer which registered the distance traveled in kilometers and the odometer is replaced with one that registers the distance traveled in miles, the transferor may disclose that the odometer reading reflects the actual mileage, providing that the replacement odometer was calibrated to reflect the equivalent accumulated miles as was reflected in kilometers on the odometer being replaced. The equivalency in miles shall be determined by multiplying the odometer reading in kilometers by .62. If, under these circumstances, the odometer is not calibrated as described in this subsection, the vehicle’s mileage shall be disclosed as not being the actual mileage.

(3) Odometer disclosure of vehicle operated with malfunctioning or inoperative odometer. If a motor vehicle continues to be operated between the time its odometer malfunctions and the time the odometer is repaired or replaced, the transferor may disclose that the odometer reading reflects the actual mileage only if all of the following conditions are satisfied:

(a) The malfunctioning odometer is repaired or replaced within 30 days after the date the odometer began to malfunction.

(b) A good faith estimate can be made of the miles traveled by the motor vehicle between the time the odometer malfunctioned and the time the odometer was repaired or replaced.

(c) The repaired or replaced odometer is calibrated to reflect the vehicle’s mileage reading which was on the odometer at the time it malfunctioned, plus the number of miles which the motor vehicle was operated between the time of the odometer’s malfunctioning and the time of its repair or replacement. If, under these circumstances, the odometer is not calibrated as described in this paragraph, the odometer reading shall be disclosed by the transferor as not being the actual mileage.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Trans 154.10 Odometer disclosure for transfers of ownership by involuntary divestiture by transferee {#sec-trans-154.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.10}

When ownership of a motor vehicle is transferred by an involuntary divestiture, the odometer disclosure statement may be completed by the owner or legally-designated representative of the owner who has knowledge of the vehicle’s mileage of the vehicle at the time of transfer. If the owner, or representative of the owner, does not complete the odometer disclosure statement, it shall be completed by the person who assumes ownership by involuntary divestiture. The odometer reading which is disclosed on the odometer disclosure statement shall be the reading on the odometer at the time of transfer and, unless the person assuming ownership has reason to believe that the odometer reading is not the actual mileage or the mileage is in excess of the odometer’s designed mechanical limits, the mileage may be certified on the odometer disclosure statement as the actual mileage. Otherwise, the mileage must be certified as not actual or in excess of mechanical limits, as appropriate.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; reprinted to insert omitted text Register January 2012 No. 673.

Wis. Admin. Code § Trans 154.11 Requirements and conditions for using conforming power of attorney forms to complete odometer disclosure statements {#sec-trans-154.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.11}

(1) When power of attorney may be used for odometer disclosure. Upon transfer of ownership of a motor vehicle, the transferor may grant the transferee power of attorney for the purpose of completing the required odometer disclosure statement and transfer of ownership only if the transferor’s title is physically held by a secured party at the time ownership of the motor vehicle is transferred.

(2) Specifications for power of attorney form. Any power of attorney form used under the circumstances described in this section shall be subject to the following conditions and requirements:

(a) The power of attorney form shall be issued by the department only to the transferee and shall be printed by a secure printing process which complies with the requirements of 49 USC 32705 (b) (2) (A).

(b) The power of attorney form shall include the descriptive language and spaces needed for the disclosure of the information required under this subsection and sub. (3).

(c) The power of attorney form shall include language appointing the transferee as attorney-in-fact for the purpose of completing the required odometer disclosure statement.

(d) The power of attorney form shall include language that states that federal and state odometer law requires the person granted power of attorney to state the vehicle’s mileage in connection with the transfer of ownership and further states that failure on the part of the person granted power of attorney to complete the statement, providing false information, or failure to submit the original copy of the power of attorney to the department may result in civil forfeitures, fines or imprisonment.

(e) The power of attorney form shall include language certifying that the transferee who is exercising a power of attorney has disclosed on the certificate of title or any supplemental reassignment documents the vehicle's mileage as it was provided to the person exercising power of attorney on the power of attorney form and, in addition, a statement to the effect that the person exercising the power of attorney has examined the certificate of title and any reassignment documents and that the odometer disclosure statement made on the certificate of title or a separate conforming odometer disclosure statement pursuant to the power of attorney is at least as great as that previously stated on the certificate of title and any reassignment documents. The certification shall also include spaces for each of the following:

The signature, printed name and address of the person exercising the power of attorney.
The date of the certification.

(3) Responsibilities of transferor. In connection with the transfer of ownership of a motor vehicle, a transferor whose certificate of title is physically held by a secured party and who elects to give the transferee power of attorney for the purpose of mileage disclosure and transfer of ownership shall appoint the transferee as the attorney-in-fact for such purpose and disclose the vehicle's mileage on a conforming power of attorney form issued by the department. The transferor shall sign the written or electronic odometer disclosure and provide the transferor's printed name in the spaces provided on the statement. In addition, the transferor shall complete the following information in the designated spaces provided on the power of attorney form and deliver it to the transferee:

(a) The odometer reading at the time of transfer, not including tenths of miles. The transferor shall certify the odometer reading as one of the following:

If, to the best of the transferor’s knowledge, the odometer reading reflects the actual mileage, the transferor shall include a certification to that effect.
If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the transferor shall include a certification to that effect.
If the transferor knows that the odometer reading differs from the vehicle’s mileage and that difference is greater than that caused by odometer calibration error, the transferor shall include a certification that the odometer reading does not reflect the actual mileage and should not be relied upon. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.

(b) The date of transfer.

(d) The transferee’s name and current address.

(e) The identity of the vehicle, including the make, model, year, body type and vehicle identification number.

(f) The transferee’s signature.

(4) Responsibilities of transferee. The transferee, upon receipt of the power of attorney form from the transferor, shall, in the designated spaces, sign the power of attorney, include the transferee’s printed name and return a copy of the power of attorney to the transferor. Upon receipt of the transferor’s title from the secured party, the transferee shall complete the transfer of ownership and perform each of the following:

(a) Complete the space for odometer disclosure on the certificate of title or separate conforming odometer disclosure statement exactly the same as the vehicle's mileage which was disclosed by the transferor on the power of attorney form. If the certificate of title does not include a conforming odometer disclosure statement, the transferee shall complete the odometer disclosure statement on a separate conforming odometer disclosure statement.

(b) Complete a certification disclosing on the certificate of title the vehicle's mileage as it was provided on the power of attorney form, and that upon examination of the certificate of title and any reassignment documents, the odometer disclosure statement made on the certificate of title or separate conforming odometer disclosure statement pursuant to the power of attorney is at least as great as that previously stated on the certificate of title and reassignment documents. The transferee shall complete the certification in the designated space on the same form as that on which the power of attorney was executed and shall include each of the following:

The signature, printed name and address of the person exercising the power of attorney.
The date of the certification.

(5) Disposition of completed power of attorney.

(a) If the transferee is a dealer and is named as the transferor’s agent by a conforming power of attorney and the dealer transfers ownership to a retail purchaser who is required to apply for a Wisconsin title, or if the dealer chooses to apply for a Wisconsin title pursuant to s. Trans 154.13 in the dealer’s own name, the dealer shall include with the application for title the original copy of the completed conforming power of attorney form.

(b) If the transferor is a dealer and is named as the transferor’s agent by a conforming power of attorney and reassigns ownership in a wholesale transaction to another dealer prior to having obtained a certificate of title naming the transferor as owner, the transferor shall submit the original copy of the completed power of attorney and a photocopy of the front and back of the certificate of title and any supporting documents to the department within 7 business days of the date of the reassignment. The transferor shall furnish the transferee with a copy of the completed conforming power of attorney form along with all other documents which are necessary to complete the transaction.

(6) Showing power of attorney to prospective purchaser. Prior to the sale of a motor vehicle, a transferor who was granted a power of attorney by the previous owner and who holds title to the motor vehicle in the transferor’s own name shall show to a prospective purchaser the copy of the previous owner's certificate of title and power of attorney form. If the transferor continues to hold the previous owner’s certificate of title, the transferor shall show the certificate of title to a prospective purchaser, including the odometer disclosure statement which was completed on the certificate of title or separate conforming odometer disclosure statement by the transferor as power of attorney for the previous owner, and the completed power of attorney form.

(7) Power of attorney void when mileage inconsistent. If the vehicle’s mileage indicated by the transferor on the power of attorney is inconsistent with that previously stated on the certificate of title and any reassignment documents, the power of attorney shall be void.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 25-049: am. (2) (e), (3), (4) (a), (b), (6) Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 154.12 Odometer records and retention requirements for dealers, wholesalers, lessors, auctions, salvage pools and salvage dealers {#sec-trans-154.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.12}

(1) Requirements for dealers and wholesalers. Dealers and wholesalers who are required to execute an odometer disclosure statement upon transferring ownership of a motor vehicle shall retain for 5 years a photostat, electronic, carbon or other facsimile copy of each odometer disclosure statement which they issue and receive. They shall retain any electronic copies in a format that cannot be altered and that indicate any attempts to alter them. They shall retain all odometer disclosure statements at their primary place of business in a manner that is appropriate to business requirements and that permits systematic and prompt retrieval, and they shall make the records available for inspection and copying by the department during reasonable business hours.

(2) Requirements for lessors of motor vehicles. Lessors shall retain for 5 years following the day they transfer ownership of the leased motor vehicle each odometer disclosure statement which they receive from a lessee. They shall retain any electronic copies in a format that cannot be altered and that indicate any attempts to alter them. They shall retain all odometer disclosure statements at their primary place of business in a manner that is appropriate to business requirements and that permits systematic and prompt retrieval and the records shall be made available for inspection and copying by the department during reasonable business hours.

(3) Odometer record retention for auction companies and salvage pools. Each auction company or salvage pool shall, in an order and manner which is appropriate to business requirements and which permits systematic and prompt retrieval, establish and retain for 5 years following the date of sale of each motor vehicle all of the following records:

(a) The name and address of the most recent owner and of the dealer, wholesaler or insurance company who assigned or reassigned ownership at the auction or salvage pool.

(b) The name and address of the buyer or the name and address of the dealer, wholesaler or buyer identification card holder, or both, who purchased the motor vehicle through the auction or salvage pool sale.

(d) The date on which the motor vehicle was sold through the auction or salvage pool.

(e) The odometer reading on the date the auction acquired the vehicle, including the qualifying notation which indicates whether the odometer reading reflects the actual mileage, or that the odometer reading does not reflect the actual mileage, or that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit.

(4) Requirements for salvage dealers.

(a) The following information shall be kept on odometers and electronic odometer chips sold or exchanged:

Year, make and vehicle identification number of the vehicle from which the odometer or odometer chip was removed.
Date of sale or exchange of odometer or odometer chip.
Name and address of purchaser of the odometer or odometer chip.

(b) Salvage dealers who sell, exchange or provide used odometers and electronic odometer chips shall maintain the information required in par. (a) at their primary place of business in an order and manner that is appropriate to business requirements and that permits systematic and prompt retrieval. The records shall be made available for inspection and copying by the department during reasonable business hours.

(c) Required information on odometers and electronic odometer chips must be recorded at the time of sale or exchange and retained for 5 years following the date of sale or exchange. These records are required only when the part is removed from a vehicle less than 10 years old and sold or exchanged as a separate part.

(5) Department requirements for electronic odometer disclosure. The department shall retain any electronic odometer disclosure statement for a minimum of 5 years in compliance with the requirements of s. Trans 154.16 and shall make the statement available upon request to dealers, wholesalers, lessors, auction pools, salvage pools, and salvage dealers for retrieval at their primary place of business and inspection on demand by law enforcement officials.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 25-049: am. (1), (2), cr .(5) Register March 2026 No. 843, eff. 4-1-26; correction in (b) made under s. 35.17, Stats., Register March 2026 No. 843.

Wis. Admin. Code § Trans 154.13 Eligibility to apply for title by Wisconsin dealers and nonresidents {#sec-trans-154.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.13}

(1) Eligibility of Wisconsin dealer to apply for title in own name. A dealer or wholesaler licensed under ch. 218, Stats., may not apply for a Wisconsin certificate of title which names the dealer or wholesaler as owner of a vehicle unless any of the following occur:

(a) The title which has been assigned or reassigned to the dealer by the prior owner is a conforming title and all of the reassignment spaces on the title have been completed.

(b) The title which has been assigned or reassigned to the dealer by the prior owner is a nonconforming title.

(c) The motor vehicle has a gross vehicle weight rating of more than 16,000 pounds, or was previously registered in any state at a gross weight of more than 16,000 pounds.

(d) The issuance of a new title is necessary to correct information which had been written or printed on the title which was assigned or reassigned to the dealer, providing that the application for a corrected title by the dealer is supported by documentation as required by the department.

(e) The motor vehicle is a salvage vehicle and the dealer is required to apply for a salvage vehicle certificate of title pursuant to s. 342.15 (2), Stats.

(f) The motor vehicle is also being registered under ss. 341.267 or 341.47 (2), Stats. Any registration previously issued for a vehicle in the name of the dealer may not be transferred or reassigned to the vehicle unless at least 30 days have elapsed since the registration was assigned, reassigned or transferred to a vehicle currently registered in the dealer’s name.

(g) The vehicle is being transferred to another dealer and the current title is one which had been held by the registered owner’s secured party and on which the dealer applicant had completed an odometer disclosure statement via a conforming power of attorney form completed by the registered owner. This exception also applies if the registered owner’s title is nonconforming and the dealer applicant, using the completed conforming power of attorney form, completes the registered owner’s odometer disclosure statement on a separate conforming odometer disclosure statement.

(2) Eligibility of nonresident to apply for a Wisconsin certificate of title in own name.

(a) A nonresident may not apply for a Wisconsin title which names the nonresident as owner of a vehicle unless any of the following occur:

The vehicle owned by the nonresident is subject to a security interest and the issuance of a Wisconsin title is necessary to protect the interests of the secured party.
The vehicle owned or operated by the nonresident is registered or qualified for operation in Wisconsin pursuant to ss. 341.09, 341.40, Stats.
The nonresident is a leasing or rental company which rents or leases vehicles to persons who operate the vehicles in Wisconsin when the type or nature of the operation requires the vehicles to be registered and titled in Wisconsin.
The nonresident is a seasonal resident of Wisconsin who owns and makes application to register a vehicle which is domiciled and operated primarily in Wisconsin.
The nonresident owns a vehicle which is, because of the type or nature of its operation in Wisconsin, subject to registration in Wisconsin and the application for a Wisconsin title is made in conjunction with an application for registration.
The nonresident purchases a vehicle in Wisconsin and, prior to removing the vehicle from Wisconsin, operates the vehicle in a manner which requires the nonresident to register and title the vehicle in Wisconsin.
The nonresident is an insurance company headquartered in another state in this country with a business address located in another state in this country that acquires ownership of a vehicle titled in Wisconsin through payment of a total loss claim and the insurance company makes application for a certificate of title, a salvage vehicle certificate of title, or any other title issued by the department for the vehicle.

(b) A nonresident dealer may apply for Wisconsin title only in accordance with par. (a) 1.

(3) Eligibility for replacement title. Nothing in this section shall preclude a Wisconsin dealer or nonresident, including a nonresident dealer, from applying for a replacement Wisconsin certificate of title for a vehicle which is currently titled in the name of the Wisconsin dealer or nonresident.

(4) Temporary plates or permits. For purposes of this section, temporary plates or permits are not considered as registration.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; 2023 Wis. Act 161: am. (2) (a) 7. Register April 2024 No. 820, eff. 5-1-24.

Wis. Admin. Code § Trans 154.14 Odometer disclosure statements to accompany application for title {#sec-trans-154.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.14}

(1) Except as provided in sub. (2), for each previously titled motor vehicle, each application for certificate of title shall be accompanied by the odometer disclosure statement which the transferor of a motor vehicle is required to provide to the transferee. If ownership of the vehicle was transferred to a dealer prior to its sale to a retail purchaser, the application for title shall include the titled owner’s odometer disclosure statement to the dealer and all odometer disclosure statements which have been provided by dealers or wholesalers who have reassigned ownership of the vehicle prior to its sale to a retail purchaser.

(2) An application for title need not be accompanied by the odometer disclosure statement from an intermediate reassigning dealer if the odometer disclosure statement is one affected by the laws or regulations of another state which does not require a dealer transferring a vehicle to another dealer with the odometer disclosure statement of prior dealer transferors.

(3) Each application for title for a new motor vehicle shall be accompanied by the odometer disclosure statements which the dealer transferor is required to provide to the retail purchaser who is named as owner in the application for title.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Wis. Admin. Code § Trans 154.15 Odometer reading and notations required on title {#sec-trans-154.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.15}

(1) Title to include odometer reading. The department shall not issue a certificate of title to a transferee unless it includes a printed or electronic odometer reading to reflect the odometer reading which was disclosed by the transferor in conjunction with the transferor's assignment or reassignment of ownership and odometer disclosure to the transferee. If there is no transfer of ownership involved and the department is issuing the certificate of title to the same owner as named on the previous title, the odometer reading and the associated date which is provided on the certificate of title shall be the same as that provided on the previous title, unless the odometer information is being corrected by the department.

(2) Title to include notation which clarifies odometer reading. The department shall not issue a certificate of title unless it includes, in conjunction with the printed or electronic odometer reading, a notation which clarifies the odometer reading. The notation shall be based on the transferor's odometer disclosure to the transferee, the notation printed on a certificate of title issued by another jurisdiction or from information gained as the result of an investigation of the vehicle's odometer history and shall be limited to the following:

(a) Actual mileage. A notation to indicate that the vehicle’s mileage is actual shall be printed on the certificate of title when the department receives certification on the odometer disclosure statement that the odometer reading reflects the actual mileage or the department determines that the odometer reading reflects the actual mileage.

(b) Not actual mileage. A notation to indicate that the vehicle’s mileage is not the actual mileage shall be printed on the certificate of title when the department receives certification on the odometer disclosure statement that the odometer reading does not reflect the actual mileage or the department determines that the odometer reading differs from the actual mileage and that the difference is greater than that caused by odometer calibration error.

(c) Mileage exceeds the mechanical limits. A notation indicating that the vehicle’s mileage exceeds the mechanical limits of the odometer shall be printed on the certificate of title when the department receives certification on the odometer disclosure statement or the department determines that the odometer reading reflects the amount of mileage in excess of the odometer’s mechanical design limit.

(d) Not actual mileage and odometer tampering verified. A notation indicating that the odometer had been tampered with shall be printed on the certificate of title in conjunction with the notation which indicates that the vehicle’s mileage is not the actual mileage when the department has, as a result of a thorough investigation of the facts, reasonable grounds to believe that the odometer has been disconnected, reset, tampered with, altered or replaced with the intent to change the number of miles which otherwise would be indicated.

(e) Mileage is unverified. A notation indicating that the mileage is not actual mileage and the mileage is unverified shall be printed on a subsequent certificate of title issued to a vehicle if the certificate of title previously issued for that vehicle includes a notation indicating that the mileage is unverified.

(f) Exempt from odometer disclosure. This notation applies to all vehicles that are 10 model years old or older. It also applies to truck-tractors, trailers and mopeds, and to vehicles that are registered or have a gross vehicle weight rating of more than 16,000 pounds. Once a vehicle becomes exempt due to age, the last odometer record information including the odometer reading, the date of the odometer reading and the notation clarifying the odometer reading will be carried forward for the life of the vehicle. Once a vehicle becomes exempt for any reason, it remains exempt. Vehicles registered with the IRP are exempt.

(3) Title to include date associated with odometer reading. Each certificate of title issued by the department shall include the date of the odometer reading which is printed on the transferee’s title. The date on the title shall correspond with the “date of statement” included on the transferor’s odometer disclosure statement or may be the date of issue of the transferee’s title, providing that the date of issue is not more than 60 days after the “date of statement.’ If the vehicle which is the subject of an application for title was last titled in another jurisdiction in the name of the applicant, the same odometer reading and associated date as printed on the out-of-state title shall be printed on the Wisconsin title issued by the department to the applicant. If the out-of-state title does not have the date associated with the odometer reading printed on it, or it is not possible to readily determine the date of issue of the certificate of title, the department shall, in place of the date, print on the Wisconsin title the notation “none” along with the odometer reading.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 25-049: am. (1), (2) (intro.) Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 154.16 Additional requirements for electronic odometer disclosure {#sec-trans-154.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 154.16}

(1) Electronic title system requirements. No person may employ any electronic title system to create, store, or maintain an electronic document, record, or other information subject to this chapter unless the system satisfies all of the following requirements:

(a) Record the dates and times when any person creates, signs, or accesses the electronic document, record, or other information.

(b) Record the dates and times when any person makes an unauthorized attempt to alter or modify the electronic document, record, or other information.

(2) Electronic retention. Any electronic odometer disclosure described in this chapter shall be retained in accordance with all of the following requirements:

(a) In a format which cannot be altered unless such alterations are made as authorized by the department, and which indicates any unauthorized attempts to alter it.

(b) In an order that permits systematic retrieval.

(c) For a minimum of 5 years following conversion to a physical form or record, issuance of a subsequent title by the department or another jurisdiction, or permanent destruction of the vehicle; otherwise, the record shall be retained pursuant to any applicable records retention schedule.

(3) Electronic odometer disclosure signature requirement. No person shall execute an electronic signature on an odometer disclosure without identifying an individual, regardless of whether the person is signing on behalf of an organization. If the individual executing the electronic signature is acting in a business capacity or otherwise on behalf of another individual or entity, the individual shall also identify the business or other individual or entity when the signature is made. Any person who executes an electronic signature on an odometer disclosure made in connection with a transfer by a licensed dealer need only identify the individual executing the signature and the dealer transferring the vehicle.

(4) Electronic notification. Any person required under this chapter to disclose, issue, return, notify, or otherwise provide information to another person in the course of an electronic odometer disclosure satisfies that requirement by electronically transmitting the required information or otherwise making the required information available electronically to the party required to review or receive it.

(5) Electronic copies of physical records. No person may convert physical documents employed to comply with any of the requirements of this chapter by scanning or imaging to an electronic format unless the resulting electronic format satisfies all of the following:

(a) It maintains and preserves the security features incorporated in the physical document so that any alterations or modifications to the physical document can be detected in the electronic format.

(b) If converted by scanning, the scan is made at a resolution of not less than 200 dpi.

History

CR 25-049: cr. Register March 2026 No. 843, eff. 4-1-26.

Chapter Trans 155 VEHICLE IDENTIFICATION NUMBER INSPECTION

Wis. Admin. Code § Trans 155.01 Purpose and scope {#sec-trans-155.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 155.01}

(1) The purpose of this chapter is to establish the department’s administrative interpretation of ss. 342.06 (1) (b), (f) and (g) and 342.30 (1g), Stats., relating to persons authorized to perform the inspection of a vehicle identification number prior to the registration of a motor vehicle last titled or registered in another jurisdiction.

(2) Applicability. This chapter applies to any person seeking to obtain title or registration for a motor vehicle that was last previously titled or registered in another jurisdiction.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 155.02 Definition {#sec-trans-155.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 155.02}

The words and phrases defined in s. 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Vehicle identification number” means the numbers, letters, or combination of numbers and letters assigned by the manufacturer or another jurisdiction and stamped upon or otherwise affixed to a motor vehicle or motor vehicle part for the purpose of identification, but does not include the letters, numbers or combinations on registration plates issued under ch. 341, Stats.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § Trans 155.03 How the certification of a vehicle identification number inspection is performed {#sec-trans-155.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 155.03}

(1) The certification shall be provided on the form prescribed by the department as an application for title or registration.

Note: The forms prescribed by the department for use in registering or titling a vehicle are MV1, Application for Registration/Title, MV1EZ, Wisconsin Title/Registration Application, and MV11, Application for Registration/Title—Dealer Use. Forms are available from the Division of Motor Vehicles Bureau of Field Services locations throughout the state, the Bureau of Vehicle Services located in Madison, Wisconsin, or any other distributor authorized by the Division.

(2) The vehicle identification number on the vehicle shall be viewed directly by the person certifying the inspection of the identification number.

(3) The vehicle identification number on the vehicle shall be legibly entered on the application form by the person certifying the inspection of the identification number.

(4) The vehicle identification number on the vehicle shall be compared to the identification number shown on the certificate of title for the vehicle.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § Trans 155.04 Who is designated to perform the certification of a vehicle identification number {#sec-trans-155.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 155.04}

The following persons are authorized to perform the inspection of a vehicle identification number:

(1) An employee or agent of a law enforcement agency who is authorized to perform inspections.

(2) An employee or agent of any state department of transportation who is authorized to perform inspections.

(3) An employee or agent of a licensed motor vehicle dealer who is authorized to perform inspections when the vehicle is in the possession of the motor vehicle dealer and is offered for sale by the motor vehicle dealer.

(4) An employee or agent of a financial institution which is the lienholder of the vehicle who is authorized to perform inspections.

(5) A registered owner of the vehicle, as shown on title or registration issued by the previous jurisdiction, when ownership of the vehicle has not changed within 90 days.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Chapter Trans 156 AUTOMATED PROCESSING PARTNERSHIP SYSTEM PROGRAM

Wis. Admin. Code § Trans 156.01 Purpose and scope {#sec-trans-156.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 156.01}

(1) Purpose. This chapter establishes the department’s administrative interpretation of s. 341.21, Stats., which authorizes the department to contract with any person for services relating to processing or distribution of original and renewal vehicle registrations under ch. 341, Stats., or certificates of title under ch. 342, Stats.

(2) Scope. This chapter governs administration of the automated processing partnership system, or APPS, program, authorized by s. 341.21, Stats.

(3) Applicability. This chapter applies to any person performing either title and original registration services, or registration renewal services, who uses automated transmittal of transactions to the DMV. This chapter also applies to any vendor providing automated interface between agents and the DMV in the APPS program. This chapter does not apply to licensed Wisconsin motor vehicle dealers who participate in the APPS program to meet their obligations under s. 342.16 (1) (am), Stats. Those licensed Wisconsin motor vehicle dealers are subject to the requirements of ch. Trans 141. This chapter does not apply to persons who issue temporary registration plates under ch. Trans 132.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 06-101: am. (2) and (3) Register April 2007 No. 616, eff. 5-1-07; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 156.02 Definitions {#sec-trans-156.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 156.02}

The words and phrases defined in s. 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Agent” means a person, business or an organization that contracts with the DMV to access and update vehicle records of the DMV via an approved vendor system.

(2) “APPS” means the “automated processing partnership system” program established by the DMV, in which the division contracts with agents and vendors to provide vehicle registration and titling services.

(3) “Contractor” has the meaning provided in s. 341.21 (1m), Stats., and includes agents and vendors.

(4) “Department” means the department of transportation.

(5) “DMV” means the Wisconsin department of transportation, division of motor vehicles.

(6) “Financial institution” has the meaning provided in s. 710.05 (1) (c), Stats.

(7) “Program standards” means the technical and operational standards incorporated into vendor and agent contracts.

(8) “Vendor” means a person, business or organization that contracts with the DMV to provide a host computer system by which agents may obtain access to specified information services of the DMV in order to process registration and title transactions.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § Trans 156.03 Selection of vendors {#sec-trans-156.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 156.03}

(1) DMV shall approve vendors to provide an interface between agents and the DMV. An application to be a vendor shall include all of the following:

(a) A request to participate as a vendor submitted to the Wisconsin Department of Transportation, DMV Bureau of Vehicle Services, Dealer and Agent Section, P. O. Box 7909, Madison WI 53707-7909.

(b) The company name, address, telephone and fax number, and the names of key personnel and a contact person.

(c) The number of years the company has been in business and the number of years of experience providing electronic filing of title and registration, or other comparable services.

(d) A description of the product and services that will be provided if the organization is approved as a vendor.

(e) A description of any relevant experience in other states and the names of references.

(f) A written signature in ink with the name typed below the signature. If the business or organization is a corporation, the request shall be signed by an employee or officer authorized to bind the corporation. Below the signature shall be typed the name, corporate title, name of corporation and state of incorporation.

(g) Financial statements or other information showing the current financial status of the organization.

(h) A statement certifying that the applicant agrees to meet DMV program standards.

(2) Before approving a vendor, DMV may consider the items listed in subs. (1) and (4) and all of the following:

(a) The type of business the vendor is in.

(b) The vendor’s familiarity with and relationship to Wisconsin motor vehicle titling and registration.

(d) The amount of technical support the vendor is likely to need from DMV to competently develop and maintain a public interface software, to train and manage agent needs, to maintain security of data, and to accurately and securely provide for electronic transfer of funds.

(e) The anticipated benefit to DMV and DMV customers, such as the projected volume of title and registration or renewal transactions, and the location in the state. DMV may require a prospective vendor to develop a business plan to demonstrate that the organization has assessed the business venture and projects adequate volume to maintain a viable business.

(f) The results of background checks on the vendor and its owners, employees and subcontractors including arrest and conviction records.

(3) After DMV receives and reviews the application to participate as a vendor, the DMV project manager shall notify the applicant of the DMV decision approving or disapproving the vendor.

(4) If approved, the vendor shall submit a specific implementation plan and begin working with DMV to develop an automated interface software application. The application shall meet the automated interface specifications prescribed by DMV.

(5) Before an approved vendor may obtain access to DMV information systems, the vendor shall execute a contract with DMV.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 06-101: am. (1) (a) Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § Trans 156.04 Selection of agents {#sec-trans-156.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 156.04}

(1) A person, business or organization desiring to contract with the DMV as an agent under s. 341.21 (2), Stats., shall comply with all of the following:

(a) The applicant shall enter into an agreement with a vendor. An agent may request service from and enter into an agreement with only one vendor.

(b) The applicant shall submit to the DMV a letter on company letterhead requesting appointment as a provider of processing or distribution services for vehicle registration or certificates of title. The letter shall include the legal business name and address of the physical location of the business.

(c)

Except as provided in subd. 2., the applicant shall provide a surety bond or letter of credit along with the request for appointment in a form prescribed by the DMV. Except as provided in subd. 2., the bond or letter of credit shall be $10,000 for an agent doing renewal transactions and $25,000 for an agent doing title transactions and original registration. The bond shall indemnify the department against claims arising from the acts or omissions of agents under the contract including, but not limited to, missing or stolen license plates, stickers, and temporary certificate of registration paper stock. The requirement for a bond does not apply to units of government or to financial institutions.
A contractor with the department under s. 110.20 (8) (am) 1., Stats., having more than 100 subcontractors, as described in s. 110.20 (8) (am) 7., Stats., that are applicants under this section may provide the surety bond or letter of credit on behalf of these applicants. The bond or letter of credit shall be $2,000 for each applicant on whose behalf the bond or letter of credit is provided.

(d) The applicant shall submit a signed agent contract to the DMV.

(e) The applicant shall be in compliance with all applicable laws governing the applicant’s industry and not be under investigation by any regulatory or enforcement agency for suspected violations of applicable laws or regulations.

(f) The applicant shall employ at least one primary processing person and have at least one other employee trained as a back-up in order to ensure adequate service during business hours and that reports and documentation of registration and titling Transactions are submitted to DMV within required time limits.

(2) Before entering a contract with an agent, DMV may consider all of the following:

(a) The type of business the agent is in.

(b) The agent’s familiarity with and relationship to Wisconsin motor vehicle titling and registration.

(d) The amount of technical support the agent is likely to need from DMV to competently process title or registration Transactions.

(e) The anticipated benefit to DMV and DMV customers, such as the projected volume of title and registration or renewal transactions and the location of the agent in the state. DMV may require a prospective agent to develop a business plan to demonstrate that the person, organization or company has assessed the business venture and projects adequate volume to maintain a viable business.

(f) The results of background checks on the agent and its owners and employees including arrest and conviction records.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 06-101: am. (1) (c), (2) (a) to (d) and (f) Register April 2007 No. 616, eff. 5-1-07; 2013 Wis. Act 363: renum. (1) (c) to (1) (c) 1. and am., cr. (1) (c) 2. Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 156.05 Termination of contracts {#sec-trans-156.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 156.05}

(1) DMV may terminate a contract or refuse to renew a contract with any vendor or agent on the following grounds:

(a) DMV has reasonable cause to doubt the accuracy or timeliness of the title and registration transactions performed by the agent or vendor.

(b) Failure of the agent or vendor to provide any documents or information required to complete a transaction.

(c) DMV has reasonable cause to doubt the compliance of the agent or vendor with any provisions of the written agreements used for the APPS program or the performance of any obligations under the written agreements of the APPS program, including the contract between DMV and the agent or vendor.

(d) Lack of compliance with performance evaluation and progressive intervention procedures contained in the contract.

(2) If an agent’s or vendor’s actions warrant termination of the agent or vendor from the program, DMV shall invoke termination provisions which are stated in the contract between DMV and the agent or vendor.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 06-101: am. (1) (a) and (b), r. (2) and (3), renum. (4) to be (2) Register April 2007 No. 616, eff. 5-1-07.

Wis. Admin. Code § Trans 156.06 Fees {#sec-trans-156.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 156.06}

(1) The maximum fees that an agent may charge a customer shall be specified in the contract.

(2) An agent may charge a customer any amount less than the maximum fee.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01; 2013 Wis. Act 363: r. (3) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 156.08 Records {#sec-trans-156.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 156.08}

All records required to be kept by contractors under s. 341.21 (2) (c), Stats., shall be retained in electronic format by the vendor for itself and for each agent which uses the vendor for completing registration or titling transactions with DMV.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01.

Chapter Trans 157 TITLING OF VEHICLES HELD BY TRUSTS

Wis. Admin. Code § Trans 157.01 Purpose and scope {#sec-trans-157.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 157.01}

The purpose of this chapter is to define the procedures for recording transfers of motor vehicles involving trusts.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94.

Wis. Admin. Code § Trans 157.02 Definitions {#sec-trans-157.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 157.02}

The words and phrases defined in ss. 340.01 and 341.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Beneficiary” means a person who has a beneficial interest in a trust.

(2) “Letters of trust” means the written instrument which describes the trust property, the trustee and the beneficiary.

(3) “Person” has the same meaning as described in s. 990.01 (26), Stats.

(4) “Principal trustee” means the trustee whose name or address was provided to the department by a trust for the purpose of conducting communications with the department.

(5) “Property” means an interest in real or personal property.

(6) “Settlor” means a person who directly or indirectly creates a living or testamentary trust or adds property to an existing trust.

(7) “Trust” means an express living or testamentary, private or charitable trust in property which arises as a result of a manifestation of intention to create it.

(8) “Trustee” means a person holding in trust title to or holding in trust a power over property.“Trustee” includes an original, added or successor trustee.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1996, No. 481.

Wis. Admin. Code § Trans 157.03 Trusts may register and obtain title to vehicles {#sec-trans-157.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 157.03}

(1) The department may, upon proper application, title or register a vehicle in the name of a trust.

(2) The department may truncate or abbreviate the name of the trust as shown on the vehicle title and department’s registration records in order to meet the requirements of the department’s computer database of vehicle records.

Note: The current database restricts names to 60 alpha-numeric characters or less.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94.

Wis. Admin. Code § Trans 157.04 Transfer of ownership {#sec-trans-157.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 157.04}

(1) The transfer of a vehicle to or from a trust is a transfer of ownership requiring an application for vehicle title.

Note: s. 342.15 (1) (a), Stats.

(2) A change of trustee or beneficiary of a trust is not a transfer of ownership of any motor vehicles which are property of the trust.

(3) Upon a change of the principal trustee’s name or address, the principal trustee shall notify the department of the address change within 10 days as required by s. 341.335 (1), Stats.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94.

Wis. Admin. Code § Trans 157.05 Application for certificate of title for trust {#sec-trans-157.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 157.05}

(1) An application for a certificate of title for a vehicle being transferred to or from a trust shall be made on forms specified by the department, shall include all information required by s. 342.06 (1), Stats., and shall include a trustee’s application for certificate of title.

Note: Forms MV1, Application for Title/Registration, MV2488, Vehicle Transfer and Odometer Mileage Statement, and MV2790, Trustee’s Application for Certificate of Title, can be ordered from DOT Materials Management, 3617 Pierstorff, Madison, WI 53704 or (608) 246-3262 or obtained at a motor vehicle services center. In cases involving the sale of titled vehicles, the Odometer Disclosure Statement on the reverse side of the certificate of title should be used.

(2) A trustee’s application for certificate of title shall contain the following information:

(a) A description of the vehicle including the vehicle identification number, year, make, model body style, vehicle type and gross weight.

(b) The name of the trust.

(d) The name of the settlor of the trust.

(e) An indication of whether the trust was created by letters of trust, a will, or some other device.

(f) The date the trust was created.

(g) The names and addresses of all trustees, and a designation of one trustee as the principal trustee.

(h) An affirmation that:

The trust is valid and in existence.
The trustee signing the form is a duly appointed trustee of the trust.
The trustee has authority to buy, sell and register motor vehicles which are the property of the trust.
The trustee’s actions with respect to the transactions are for the benefit of the beneficiaries of the trust.
The trustee understands the penalties for providing false information on an application for certificate of title.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (1) and (2) (intro.), r. (2) (i), Register, December, 1998, No. 516, eff. 1-1-99.

Chapter Trans 175 RENTAL COMPANIES

Wis. Admin. Code § Trans 175.01 Applicability {#sec-trans-175.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 175.01}

Except in accordance with the following rules, no rental company, as defined herein, shall engage in the business of renting to others any motor vehicles when operated under lessor permits issued pursuant to the provisions of s. 194.04 (3) (c), Stats., and which are to be operated upon the public highways of Wisconsin.

History

Cr. Register, July, 1962, No. 79, eff. 8-1-62; am. Register, April, 1970. No. 172, eff. 5-1-70; renum. from PSC 65.01, Register, October, 1982, No. 322, eff. 11-1-82; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 175.02 Definitions {#sec-trans-175.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 175.02}

(1) “Rental company,” as used herein, means a “lessor” referred to in s. 194.04 (3) (c), Stats. It includes every person regularly engaged in the business of leasing motor vehicles without drivers or leasing trailers to be hauled or propelled by a motor vehicle. These rules do not apply to the renting of automobiles or trailers used therewith when such vehicles are operated in private motor carriage.

(2) “Renter” means a person renting motor vehicles from a rental company.

History

Cr. Register, July, 1962. No. 70, eff. 8-1-62; renum. from PSC 65.02, Register, October, 1982, No. 322, eff. 11-1-82; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 175.03 Registration {#sec-trans-175.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 175.03}

Each rental company, before engaging in such business, shall file an application with the department of transportation on forms prescribed by it and secure an identifying registration number. Said registration number will be issued after such investigation as the department may deem necessary, either with or without hearing.

History

Cr. Register, July, 1962, No. 79, eff. 8-1-62; renum. from PSC 65.03 and am. Register, October, 1982, No. 322, eff. 11-1-82; 2013 Wis. Act 363: am. Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 175.04 Operating requirements {#sec-trans-175.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 175.04}

All rental companies shall comply with the following conditions:

(1) Have an established place of business where facilities shall be available to the public to obtain service.

(2) Have title in its name for all motor vehicles used in the rental business or furnish evidence to the Wisconsin department of transportation, that a bona fide agreement between the rental company and a licensed dealer or manufacturer has been executed and includes an option to purchase such motor vehicles.

(3) Furnish motor vehicles on demand to all qualified customers without discrimination. This provision shall not prohibit the rental company from establishing such reasonable operating standards as are necessary in the conduct of its business nor require such company to furnish equipment beyond its ability so to do.

(4) Negotiate a rental agreement which shall comply with each of the following requirements:

(a) Be in writing and signed by the parties thereto, or their regular employees or agents duly authorized to act for them, in the execution of contracts, leases, or other arrangements. Shall show the year, make and identification, motor or serial number or Wisconsin license number of the motor vehicle as shown on the registration card issued for such vehicle.

(b) Provide for the exclusive possession, control, and use of the motor vehicle involved by the renter and the complete assumption by such renter of full responsibility to the public and all regulatory agencies having jurisdiction during the entire period of the agreement. This provision shall not prohibit a rental company from obtaining possession of the motor vehicle for purposes of maintenance, repairs, or because of violation of the rental agreement.

(c) Specify the time the rental agreement begins, the time or the circumstances on which it ends, and the method of determining the compensation for the use of the motor vehicle involved. The rental agreement shall also specify that public liability and property damage insurance furnished by the rental company is in no case less than the amounts specified in s. 194.41, Stats. The actual limits of such insurance coverage shall be made available to the renter upon request.

(d) Be completed on forms which are serially numbered, and a sample copy of which form has previously been filed with the department of transportation.

(e) Be executed in duplicate. The originals including voided copies shall be retained by the rental company and filed in numerical order and one copy shall be retained by the renter and carried on the motor vehicle specified therein during the entire period of the agreement by the renter and shall be made available for inspection immediately upon the request of any law enforcement officer.

History

Cr. Register, July, 1962, No. 79, eff. 8-1-62; am. (2) and (4) (a) (b) (d) and (e), Register, April, 1970, No. 172, eff. 5-1-70; renum. from PSC 65.04 and am. (2) and (4) (d), Register, October, 1982, No. 322, eff. 11-1-82; 2013 Wis. Act 363: am. (4) (e) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 175.05 Prohibited practices {#sec-trans-175.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 175.05}

No rental company shall:

(1) Furnish any service or protection to a renter except those directly related to the maintenance and operating condition of the motor vehicle and public liability and property damage insurance as required by s. 194.41, Stats. This section shall not prohibit the rental company from providing additional insurance coverage on the motor vehicle but shall not in any way authorize insurance protection for the cargo carried.

(2) Directly or indirectly and with the intent to evade this prohibition, procure drivers for vehicles rented or directly or indirectly and with the intent to evade this prohibition exercise any positive control over drivers of such rented vehicles.

(3) Authorize renter to subrent vehicle to another.

(4) Hold itself out to be responsible for drivers’ wages, payroll, unemployment compensation, social security tax, income withholding tax, or any taxes that are normally due by reason of an employe-employer relationship.

History

Cr. Register, July, 1962, No. 79, eff. 8-1-62; renum. from PSC 65.05, Register, October, 1982, No. 322, eff. 11-1-82.

Wis. Admin. Code § Trans 175.06 Contract and common motor carriers {#sec-trans-175.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 175.06}

No person holding a Wisconsin intrastate contract motor carrier license or common motor carrier of property or of passengers certificate shall be granted a rental company registration except as otherwise authorized by the department of transportation upon application and for good cause shown.

History

Cr. Register, July, 1962, No. 79, eff. 8-1-62; renum. from PSC 65.06, Register, October, 1982, No. 322, eff. 11-1-82.

Wis. Admin. Code § Trans 175.07 Records {#sec-trans-175.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 175.07}

(1) The Wisconsin department of transportation, or its duly authorized agents shall, during normal business hours have access and authority to inspect, examine, and copy any and all accounts, books, records, memorandums, correspondence, and other documents pertaining to the rental company business. These records shall be made available at the company’s place of business in Wisconsin within a reasonable time upon request of the department of transportation.

(2) All records pertaining to the rental company business shall be preserved for a period of not less than 6 years.

History

Cr. Register, July, 1962, No. 79, eff. 8-1-62; am. (1), Register, April, 1970, No. 172, eff. 5-1-70; renum. from PSC 65.07, Register, October, 1982, No. 322, eff. 11-1-82.

Wis. Admin. Code § Trans 175.09 Service requirements {#sec-trans-175.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 175.09}

Every rental company registration issued by the department of transportation shall be conditional upon the establishment of service thereunder within a reasonable time and maintenance thereof with reasonable continuity. Failure to maintain vehicles properly qualified for rental for a period of more than 1 year is a violation of this section unless permission is secured from the department to discontinue service for a longer period upon good cause shown.

History

Cr. Register, April, 1970, No. 172, eff. 5-1-70; renum. from PSC 65.09, Register, October, 1982, No. 322, eff. 11-1-82.

Chapter Trans 176 MOTOR CARRIER AND SCHOOL BUS INSURANCE CERTIFICATION REQUIREMENTS

Wis. Admin. Code § Trans 176.01 Purpose and scope {#sec-trans-176.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 176.01}

(1) The purpose of this chapter is to prescribe the requirements of liability insurance policies and surety bonds for persons subject to the provisions of s. 194.41, Stats.

(2) The forms prescribed in this chapter shall also be used by any person required to file evidence of liability security with the department of transportation under s. 121.53 (4), 341.267 (7), 341.51 (2m), 344.51 (1m), 344.52 (1r) or 344.55, Stats.

Note: Forms E-G, K, L., S-1, S-2, B-1, EX and FX described in this chapter may be obtained from Uniform Printing and Supply Company, P.O. Box 189, Kendallville, IN 46755, telephone 1-800-382-2424. The Endorsement No. 1 and Petition to Self-Insure forms may be obtained by contacting the Wisconsin Department of Transportation, Motor Carrier Insurance, P.O. Box 7967, Madison, WI 53707.

History

Cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 2.01 and am. (2), Register, February, 1981, No. 302, eff. 3-1-81; correction in (2) under s. 13.93, (2m) (b) 7., Register, August, 1984, No. 344; corrections in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 176.02 Form and execution of liability insurance certificate {#sec-trans-176.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 176.02}

(1) A certificate of insurance required under this chapter shall recite that the insurer has issued to the named insured a policy of insurance containing an automobile bodily injury and property damage liability endorsement covering the obligations imposed on the named insured under this chapter.

(a) Except as provided in par. (c), the certificate of insurance shall be made on FORM E, Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance.

(b) The endorsement shall be attached to the policy and shall be a part of the policy. Except as provided in par. (d), the endorsement shall be made on FORM F, Uniform Bodily Injury and Property Damage Liability Insurance Endorsement.

(c) In lieu of the FORM E certificate required under par. (a), a certificate of insurance may be made on FORM EX, Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance.

(d) If a FORM EX certificate is filed in lieu of FORM E, an endorsement shall be made on FORM FX, Motor Carrier Automobile Bodily Injury and Property Damage Liability Insurance Endorsement.

(2) Liability surety bonds required under this chapter shall be executed on FORM G, Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond.

History

Cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 2.02, Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § Trans 176.03 Scheduled and restricted blanket insurance filings; when allowed {#sec-trans-176.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 176.03}

(1) Notwithstanding any other provision of this chapter, scheduled insurance filings may be used to satisfy the requirements of this chapter if the motor carrier making such filing is a resident of this state and is engaged:

(a) Exclusively in intrastate operations in this state; or

(b) Partly in intrastate operation in this state and partly in interstate operations if:

Such interstate operations are exempt from interstate commerce commission regulations;
The motor carrier is not registered under the International Registration Plan (IRP);
The interstate operations do not involve any other state that is a party to the International Registration Plan (IRP); and
The operations are not subject to s. 194.04 (3) (am), Stats.

(c) A certificate of insurance filed under this subsection shall be made on FORM (S-1) and shall include the Wisconsin Insurance Endorsement for Scheduled Policies. Amendments to scheduled filings shall be made on FORM (S-2), Amended Schedule of Vehicles Insured.

(2)

(a) Notwithstanding any other provision of this chapter, restricted blanket insurance filings may be used to satisfy the requirements of this chapter if the vehicles covered by such filings are used as:

School buses as defined in s. 340.01 (56), Stats.;
Driver education vehicles; or
Motor vehicle dealer demonstrators.

(b) A certificate of insurance filed under this subsection shall be made on FORM (B-1) and shall include the Wisconsin Insurance Endorsement for Blanket Policies. The certificate shall bear the legend:

“SCHOOL BUSES ONLY”;
“DRIVER EDUCATION VEHICLES ONLY”; or
“MOTOR VEHICLE DEALER DEMONSTRATORS ONLY”.

(3) Filings under this section shall be accompanied by any additional administrative fee that may be required by law to defray the additional costs of handling scheduled filings.

History

Cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 2.03, Register, February, 1981, No. 302, eff. 3-1-81; cr. (1) (c) and (d), Register, December, 1984, No. 348, eff. 1-1-85.

Wis. Admin. Code § Trans 176.04 Notice of insurance and surety bond cancellation {#sec-trans-176.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 176.04}

(1) Notice of cancellation of motor carrier bodily injury and property damage liability insurance shall be made by an insurer on FORM K, Uniform Notice of Cancellation of Motor Carrier Insurance policies.

(2) Notice of cancellation of any motor carrier bodily injury and property damage liability surety bond shall be made by the surety and its principal on FORM L, Uniform Notice of Cancellation of Motor Carrier Surety Bonds.

(3) The notice of cancellation under sub. (1) or (2) is not effective until after 30 days from the date it is received by the department of transportation. The 30-day notice period may be waived by the department if an acceptable replacement undertaking is filed in accordance with this chapter.

History

Cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 2.04, Register, February, 1981, No. 302, eff. 3-1-81; correction in (3) under s. 13.93 (2m) (b) 6., Register, August, 1984, No. 344.

Wis. Admin. Code § Trans 176.05 Evidence of self-insurance {#sec-trans-176.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 176.05}

(1) In accordance with s. 194.42, Stats., the department of transportation may, by order, exempt any common motor carrier of property or of passengers, or other carrier of passengers by motor bus, or contract motor carrier from the liability security requirements imposed under s. 194.41, Stats., and ss. Trans 176.01 to 176.04 if the carrier:

(a)

Complies with the requirements set forth in s. 194.42, Stats., and
Files an application to qualify as a self-insurer with the department of transportation; or

(b) Complies with the requirements under sub. (2).

(2) Any motor carrier engaged in interstate commerce only or jointly in interstate and intrastate commerce on Wisconsin highways who is qualified as a self-insurer under the rules and regulations of the interstate commerce commission, may qualify as a self-insurer under this section by filing with the department of transportation a certified copy of a currently effective interstate commerce commission order authorizing such motor carrier to self-insure under applicable federal law and regulations.

(3) Applications to qualify as a self-insurer shall be made on forms provided by the department of transportation.

History

Cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 2.05 and am. (1) (intro.), Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § Trans 176.06 Minimum limits of liability security {#sec-trans-176.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 176.06}

(1) The minimum limits of liability security for bodily injury and property damage liability required under this chapter are:

(a) For-hire property carriers:

(ag) For purposes of par. (a):

“Hazardous material” means a substance or material which has been determined by the U.S. secretary of transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce, and which has been so designated.
“Hazardous substance” means a material, and its mixtures or solutions, that is identified by the letter “E” in Column 1 of the Table to 49 CFR 172.101 when offered for transportation in one package, or in one transport vehicle if not packaged, and when the quantity of the material therein equals or exceeds the reportable quantity (RQ). This definition does not apply to petroleum products that are lubricants or fuels; or to a mixture or solution containing a material identified by the letter “E” in Column 1 of the Table to 49 CFR 172.101 if it is in a concentration less than that shown in the following table based on the reportable quantity (RQ) specified for the materials in Column 2 of the Table to 49 CFR 172.101:
“Hazardous waste” means any material that is subject to the hazardous waste manifest requirements of the EPA specified in 40 CFR Part 262 or would be subject to these requirements absent an interim authorization to a state under 40 CFR Part 123, Sub-part F.
“In bulk” means the transportation, as cargo, of property, except Class A and B explosives and poison gases, in containment systems with capacities in excess of 3,500 water gallons.
“In bulk Class A and B explosives” means the transportation, as cargo, of any Class A or B explosive or explosives in any quantity.
“In bulk poison gas” means the transportation, as cargo, of any poison gas in any quantity.

Note: The definitions of “hazardous materials,” “hazardous substances” and “hazardous waste” in sub. (1) (ag) are taken from 49 CFR 171.8. The definitions of “In bulk,” “In bulk Class A and B explosives” and “In bulk poison gas” in (ag) are taken from 49 CFR 387.5.

(ar) For purposes of par. (a) either a combined single limit or a split limit policy is acceptable. If a split limit policy is utilized, each individual limit must meet the minimum level of coverage required.

Note: Example. For vehicles of 10,000 pounds or over transporting non-hazardous materials on July 1, 1983, and thereafter, either of the following types of policies is acceptable: a combined single limit of $750,000.00 or a split limit of $750,000.00, $750,000.00, $750,000.00. These alternatives are consistent with the interpretation of the federal rules set out in 47 Federal Register 12800, March 25, 1982.

(b) For passenger vehicles:

(2) In accordance with s. 121.53 (1) (e), Stats., for school buses with a seating capacity of 37 or more passengers, the minimum total limit of bodily injury liability insurance coverage per accident is $1,000,000.

History

Cr. Register, November, 1977, No. 263, eff. 12-1-77; emerg. am. (1) (a) and cr. (1) (c), eff. 2-23-79; am. (1) (a) and cr. (1) (c), Register, May, 1979, No. 281, eff. 6-1-79; renum. from MVD 2.06 and cr. (1) (d), Register, February, 1981, No. 302, eff. 3-1-81; r. and recr. (1) (d), Register, April, 1982, No. 316, eff. 5-1-82; r. and recr. (1) (a), cr. (1) (ag) and (ar), r. (1) (c), renum. (1) (d) to be (2), Register, September, 1982, No. 321, eff. 10-1-82; emerg. am. (1) (a), (intro.), eff. 7-1-83; am. (1) (a) (intro.), Register, December, 1983, No. 336, eff. 1-1-84; am. (1) (a) 3. and 4., Register, January, 1984, No. 337, eff. 2-1-84; emerg. am. (1) (a) (intro.) and 1., eff. 7-1-84; am. (1) (a) (intro.) and 1., Register, December, 1984, No. 348, eff. 1-1-85.

Wis. Admin. Code § Trans 176.07 Completion of forms {#sec-trans-176.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 176.07}

(1) All forms required by this chapter shall be completed in triplicate and the information requested thereon shall be typewritten on the blank spaces provided.

(2) The forms shall be printed on rectangular cards measuring 5 inches in height and 8 inches in width.

(3) The forms shall be signed by an authorized representative of the insurer or surety.

(4) Certificates of insurance and surety bonds shall be issued in the full and correct name of the individual, partnership or corporation to whom the certificate, permit or license is or will be issued. In the case of a partnership, all partners shall be named. Only one entity shall be named as the insured on the certificate.

(5) If the insurer or surety does not require the third copy to be returned as proof of the acceptance of such filing, the insurer or surety need only provide the department of transportation with 2 copies of each form required under this chapter.

History

Cr. Register, November, 1977, No. 263, eff. 12-1-77; renum. from MVD 2.07, Register, February, 1981, No. 302, eff. 3-1-81; am. (3), Register, December, 1984, No. 348, eff. 1-1-85.

Wis. Admin. Code § Trans 176.08 Emergency filings {#sec-trans-176.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 176.08}

(1) Emergency filing may be made by telephone, telegram, teletype or facsimile equipment providing the following information:

(a) Name of insured.

(b) Name of insurance company and policy number.

(d) Statement “Certificate Will Follow”.

(e) Date of policy.

(f) Name of authorized representative of the insurer.

(2) A filing made under this subsection shall be in force for 30 days from the date it was received by the department.

(3) An emergency filing received under this subsection shall impose upon the insurer the same liability as if the certificate had been filed under normal procedures and any action taken by the department will be the same as if a certificate was on file.

(4) No extensions of, or additional emergency filing by the same insurer, will be accepted for the same insured unless a certificate has been received covering the previous emergency filing.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Chapter Trans 177 MOTOR CARRIERS

Wis. Admin. Code § Trans 177.01 Purpose and scope {#sec-trans-177.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 177.01}

(1) Purpose. The chapter establishes standards and procedures for regulating carriers in this state pursuant to ch. 194, Stats.

(2) Scope. This chapter applies to every person who operates as a carrier in this state.

History

Cr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 177.02 Definitions {#sec-trans-177.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 177.02}

The words and phrases defined in s. 194.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter, “carrier” means common motor carrier or contract motor carrier.

History

Cr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 177.03 Applications for motor carrier authority {#sec-trans-177.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 177.03}

(1) An application for carrier authority shall include the following:

(a) The legal or individual name or names of the applicant as shown on the certificate of insurance required by ch. Trans 176 to be filed with the department, the applicant’s social security number or federal employer identification number, and U.S. department of transportation number for carriers required by federal law to obtain such numbers.

(b) The applicant’s principal place of business.

Note: Applications for motor carrier authority may be obtained from the Department of Transportation, 4802 Sheboygan Avenue, P.O. Box 7967, Madison, WI 53707-7967, or by calling (608) 266-1356.

(2) All information contained in the application shall be verified by the applicant or the applicant’s legal representative.

(3) The department shall verify that the insurance requirements of ss. 194.41 and 194.42, Stats., are met.

(4) The department shall notify the applicant if an application received by the department is incomplete in some manner.

History

Cr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 177.04 Change of address {#sec-trans-177.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 177.04}

A person authorized as a carrier under ch. 194, Stats., shall notify the department in writing, by telephone, or by any electronic means prescribed by the department of a change in the person’s principal place of business within 30 days of the change.

History

Cr., Register, November, 1997, No. 503, eff. 12-1-97; 2013 Wis. Act 363: am. Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 177.05 Corporate name change {#sec-trans-177.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 177.05}

If the name of a corporation that is authorized as a carrier under ch. 194, Stats., is changed, the corporation shall file the articles of amendment or restated articles of incorporation with the department. Upon receipt of the documents required in this section, the department shall issue an amended certificate or license of authority in the new corporate name. No fee may be charged for issuance of an amended certificate or license of authority under this section.

History

Cr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 177.06 Transfer of certificate or license {#sec-trans-177.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 177.06}

When the holder of a certificate dies, the certificate holder’s personal representative, heirs or surviving spouse shall notify the department. If that person desires to operate under that certificate, that person may request permission from the department to operate for a reasonable period not to exceed 2 years. That person shall provide a copy of the death certificate and documentation supporting his or her relationship with the decedent. The department shall determine when the period shall end and shall notify the personal representative, heirs or surviving spouse of its decision. No additional fees may be charged by the department for this permission.

History

Cr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 177.07 Lease of motor vehicles {#sec-trans-177.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 177.07}

(1) No carrier authorized under ch. 194, Stats., may operate a leased power unit on the highways of Wisconsin without complying with the provisions of subs. (2) through (4), except for power units owned by a lending institution and operated under a contract between the owner and the operating carrier for purchase of the vehicle.

(2) The lease shall be in writing and shall include all of the following:

(a) Name of the lessor and individual or legal name of the lessee.

(b) Year, make and vehicle identification number of the motor vehicle as shown on the registration card issued for the vehicle.

(d) The period of the lease.

(e) Any restrictions, including limitations as to area, cargo and operators.

(f) A statement that the lessee is fully responsible to the public, the shippers and the regulatory agencies having jurisdiction during the period of the lease.

(3) A copy of the lease shall be carried in the power unit specified therein during the entire period of the lease or agreement and the lease or agreement shall be made available for inspection immediately upon the request of any law enforcement officer.

(4) For the purpose of this section only, a carrier who subleases power units it has on lease shall be considered the owner of the leased equipment for the purpose of subleasing that equipment.

History

Cr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 177.08 Authority cancellation {#sec-trans-177.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 177.08}

A carrier authorized under ch. 194, Stats., who wishes to have its motor carrier authority cancelled shall notify the department in writing specifically requesting that the authority be cancelled. The request shall be signed by the carrier, its authorized agent or, in the case of a partnership, a general partner. Upon receipt of a request that complies with this section to cancel an authority, the authority shall be cancelled effective immediately.

History

Cr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 177.09 Revocation or suspension of authorities and permits {#sec-trans-177.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 177.09}

(1) The department, pursuant to s. 194.46, Stats., may revoke or suspend an authority or permit issued under ch. 194, Stats., if the department determines that any of the following exist:

(a) The carrier does not have on file with the department proof of continuous bond or insurance coverage in the amounts specified in s. 194.41, Stats., or ch. Trans 176 or has not maintained a continuous exemption from insurance undertaking granted by the department as provided for in s. 194.42, Stats.

(b) The carrier is unfit to carry on operations by reason of noncompliance with department motor carrier safety regulations.

(d) The carrier has failed to pay any fees or taxes due the department.

(2) For purposes of sub. (1) (b) and (c), a pattern of safety violations or a pattern of unreliable or inadequate service shall be sufficient to warrant suspension or revocation of an authority or permit.

(3) Any authority suspended under this section shall be reinstated upon expiration of the suspension period. In the case of a permit suspended under this section, the permit shall be reinstated upon expiration of the suspension period except in the case where the permit itself has expired. A carrier whose authority has been revoked under this section may apply for a new authority in the manner provided for in s. Trans 177.04 one year from the date of revocation.

(4) A carrier may appeal the department’s adverse determination relating to the carrier’s application or authority within 30 days of the determination to the division of hearings and appeals.

History

Cr., Register, November, 1997, No. 503, eff. 12-1-97; 2013 Wis. Act 363: am. (4) Register May 2014 No. 701, eff. 6-1-14.

Chapter Trans 178 UNIFIED CARRIER REGISTRATION SYSTEM

Wis. Admin. Code § Trans 178.01 Authority, purpose, and scope {#sec-trans-178.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 178.01}

(1) As authorized by s. 194.407, Stats., the purpose of this chapter is to establish, consistent with federal law, an annual fee under s. 194.407, Stats., for a fleet of commercial motor vehicles that is used in interstate commerce, is subject to the Unified Carrier Registration Agreement, and whose owner or operator is based in Wisconsin, or is based in a state that is not participating in the UCR and has elected to declare Wisconsin as its base state.

(2) This chapter applies to any motor carrier, motor private carrier, freight forwarder, broker, and leasing company that meets any of the following criteria:

(a) Operates any commercial motor vehicle in interstate commerce.

(b) Has no vehicles but is a motor carrier related business located in Wisconsin.

(c) Has declared Wisconsin as the base state for UCR, as required in federal law 49 USC 14504a and the Unified Carrier Registration Agreement.

(3) This chapter applies to any motor carrier, motor private carrier, freight forwarder, broker, or leasing company that operates any commercial motor vehicle in interstate commerce, as provided in 49 USC 14504a. The requirement to register under the Unified Carrier Registration system is not affected by the type of motor carrier authority that the motor carrier, motor private carrier, freight forwarder, broker, or leasing company possesses, and is not affected by the type of business activity undertaken.

History

CR 08-002: cr. Register June 2008 No. 630, eff. 7-1-08.

Wis. Admin. Code § Trans 178.02 Definitions {#sec-trans-178.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 178.02}

Words and phrases used in this chapter have the meanings given in 49 USC 14504a, and in the Unified Carrier Registration Agreement unless this chapter provides a different definition. In this chapter:

(1g) “Audit” means the department’s examination of records sufficient to determine the registrant’s correct UCR fee.

(1m) “Broker” means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by a motor carrier for compensation.

(2) “Commercial motor vehicle,” as defined in 49 USC 31101, means a self-propelled vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle meets any of the following criteria:

(a) Has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.

(b) Is designed to transport more than 10 passengers including the driver.

(c) Is used in transporting material found by the secretary of the United States department of transportation to be hazardous under 49 USC 5103 and transported in a quantity requiring placarding under regulations prescribed by that secretary.

(3) “Freight forwarder” means a person holding itself out to the general public, other than as a pipeline, rail, motor or water carrier, to provide transportation of property for compensation and, in the ordinary course of its business, does all of the following:

(a) Assembles and consolidates, or provides for assembling and consolidating, shipments, and performs or provides for break-bulk and distribution operations of the shipments.

(b) Assumes responsibility for the transportation from the place of receipt to the place of destination.

(4) “Interstate commerce” means trade, traffic, or transportation in the United States between any of the following:

(a) A place in a state and a place outside that state, including a place outside of the United States.

(b) Two places in a state through another state or through a place outside of the United States.

(c) Two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.

(d) Wisconsin and any adjacent state under a registration reciprocity agreement between Wisconsin and that other state.

(5) “Intrastate commerce” means any trade, traffic, or transportation in any state that is not described in the term “interstate commerce” and is conducted wholly within a state.

(6) “Leasing company” means a lessor that is engaged in the business of leasing or renting for compensation motor vehicles without drivers to a motor carrier, motor private carrier, or freight forwarder.

(7) “MCSA-1” means the form prescribed by the federal Motor Carrier Safety Administration for Motor Carrier Identification Report, Application for USDOT Number, Operating Authority Registration.

(8) “Motor carrier” means a person providing motor vehicle transportation for compensation.

(9) “Motor private carrier” means a person, other than a motor carrier, transporting property by motor vehicle when all of the following occur:

(a) The transportation is as provided in 49 USC 13501.

(b) The person is the owner, lessee, or bailee of the property being transported.

(10) “Motor vehicle” means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof as determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

(11) “Registrant” means a motor carrier, motor private carrier, broker, leasing company, or freight forwarder.

(12) “Registration year” means a calendar year.

(12g) “UCR” means Unified Carrier Registration.

(12m) “Underpaid” means having paid less UCR fees than the amount determined by audit.

(13) “Unified Carrier Registration Agreement” or “UCR Agreement” means the interstate agreement developed under the UCR Plan governing the collection and distribution of registration information and UCR fees paid by motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies pursuant to 49 USC 14504a.

(20) “Unpaid fee” refers to the UCR fee amount due that has not been paid.

History

CR 08-002: cr. Register June 2008 No. 630, eff. 7-1-08; CR 10-099: am. (2) Register May 2011 No. 665, eff. 6-1-11; CR 16-074: renum. (1) to (1m), am. (7), cr. (1g), (12g), (12m), (20) Register June 2019 No. 762, eff. 7-1-19.

Wis. Admin. Code § Trans 178.025 Requirement to register {#sec-trans-178.025 omnilex-key=us-wi-regs-official--agency-trans--Trans 178.025}

No person to which this chapter applies under s. Trans 178.01 may operate as a motor carrier, motor private carrier, freight forwarder, broker, or leasing company unless registered for UCR under this chapter.

History

CR 16-074: cr. Register June 2019 No. 762, eff. 7-1-19; correction made under s. 35.17, Stats., Register June 2019 No. 762.

Wis. Admin. Code § Trans 178.03 Fees {#sec-trans-178.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 178.03}

(1) Except as provided in sub. (2), as provided in 49 CFR 367.20, fees for registration year 2010 and thereafter are as follows:

(2) If the Federal Motor Carrier Safety Administration or the U.S. department of transportation acting under 49 USC 14504a(d)(7) publishes in the federal register a schedule of fees for the Unified Carrier Registration Plan that differ from the fees set forth in sub. (1), the department shall send notice of those revised fees to the chairpersons of the standing committees of the legislature having jurisdiction over transportation. If no chairperson notifies the secretary of transportation within 14 working days after the date of the department’s notice that the committee has scheduled a meeting for the purpose of reviewing the fees, the department shall implement the fees. If within 14 working days after the date of the department’s notice a chairperson of a committee notifies the secretary of transportation that the committee has scheduled a meeting for the purpose of reviewing the fees, the department shall implement the fees only with the approval of the committee.

History

CR 08-002: cr. Register June 2008 No. 630, eff. 7-1-08; CR 10-099: am. (1) Register May 2011 No. 665, eff. 6-1-11.

Wis. Admin. Code § Trans 178.04 Determining the number of commercial motor vehicles {#sec-trans-178.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 178.04}

(1) The fee is determined by the number of commercial motor vehicles that the registrant operates in interstate commerce, which shall be counted as follows as provided in the UCR Agreement:

(a) The number of commercial motor vehicles owned or operated subject to the fee under this chapter is the greater of the following:

The number reported on the MCSA-1 most recently filed with the U. S. department of transportation.

Note: As stated in s. Trans 178.02 (2), a commercial motor vehicle for purposes of UCR does not include a towed vehicle. Therefore, a carrier should exclude any towed vehicles reported on the MCS-150.

The total number of commercial motor vehicles owned or operated for the 12-month period ending on June 30 immediately prior to the beginning of the registration year.

(b) The registrant shall include the number of commercial motor vehicles owned or operated by the registrant, or controlled by the registrant under a lease having a term longer than 30 days. A registrant may not include any vehicle that is operated by the registrant under a lease of 30 days or less.

(c) Before issuing any documentation of UCR Agreement compliance, the department may require the registrant to reconcile any discrepancy between the number of motor vehicles owned and leased as reported on the MCSA-1 most recently filed with the U. S. department of transportation.

(d) The registrant may, at its sole option, add to the sum of vehicles required to be counted under this section any of the following:

Any self-propelled commercial motor vehicle operated in intrastate or interstate commerce for compensation regardless of the weight of the vehicle, or the number of passengers transported by the vehicle, or whether the registrant owns or leases the vehicle.
Any motor vehicle used only in intrastate commerce regardless of the state in which the vehicle has been operated, or whether the registrant owns or leases the vehicle.

(e) The registrant may exclude the number of commercial motor vehicles owned or leased that were operated exclusively in the intrastate transportation of property, waste or recyclable material.

(2) A registrant that operates commercial motor vehicles solely in intrastate commerce is not required to register or pay any fee under this chapter.

(3) Except as provided in sub. (1), only motor vehicles that are operated in interstate commerce shall be counted under this section. Except as provided in sub. (1), motor vehicles operated exclusively in intrastate commerce may not be counted under this section.

(4) Except as provided in sub. (1), a school bus is not required to be counted under this chapter if it is all of the following:

(a) Operated exclusively for school activities.

(b) Not operated for any charter activity.

(5) A business that is a single legal entity and operates more than one type of carrier operation that is subject to this chapter shall pay the fee that is the highest applicable fee for any of its carrier operations subject to this chapter. A business that comprises multiple legal entities that operate separate carrier operations subject to this chapter shall pay all appropriate fees for each legal entity.

(6) The department may authorize and designate an agent to collect fees and process registration applications under this chapter.

History

CR 08-002: cr. Register June 2008 No. 630, eff. 7-1-08; CR 16-074: am. (1) (a) 1., (c) Register June 2019 No. 762, eff. 7-1-19.

Wis. Admin. Code § Trans 178.05 Records requirements and retention period {#sec-trans-178.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 178.05}

A registrant shall retain complete UCR records for the current calendar year and the prior year. The records shall contain the following:

(1) UCR Form.

(2) UCR Form 1, Vehicles removed in intrastate transportation.

(3) UCR Form 2, Vehicles owned and operated for the 12-month period ending June 30 of the year immediately prior to the year for which the UCR registration is made.

(4) MCSA-1 form filed by the registrant.

History

CR 08-002: cr. Register June 2008 No. 630, eff. 7-1-08; CR 16-074: cr. Register June 2019 No. 762, eff. 7-1-19; corrections made under s. 13.92 (4) (b) 1., 12., Stats., Register June 2019 No. 762.

Wis. Admin. Code § Trans 178.06 Audits and assessments {#sec-trans-178.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 178.06}

(1) Audit. The department may conduct such audits that it deems necessary to determine the adequacy of the fees paid under this chapter. An applicant or registrant shall make records described in this chapter available to the department within 15 days after receiving a written request for the records.

(2) Assessments.

(a) The department may, by field or office audit, determine the registration fees to be paid by, or refunded to, any person described in s. Trans 178.01 (2). The department may base its determination on facts contained in the records or upon any other information in the department’s possession.

(b) If any person fails to make records available or to maintain records from which the true fee liability may be determined, the department may assess a registration fee based upon the department’s estimation of the registration fee liability.

(c) If a person required to register under this chapter does not file registration when due, the department shall determine the fee liability based on the best information available to it, and shall serve the assessment upon the person in the same manner as an audit assessment.

(d) Any person challenging an assessment shall bear the burden to establish by a fair preponderance of evidence that the department’s assessment is erroneous or excessive and the department’s assessment shall be set aside only if the correct liability is determined.

(3) Notice of completed audit. If the department requests records from a registrant, upon completing an audit the department shall provide written notice to the registrant that the audit is completed, the findings of the audit including clear support for the findings, and of any action taken in connection with an audit.

History

CR 16-074: cr. Register June 2019 No. 762, eff. 7-1-19; correction in (2) (a) made under s. 35.17, Stats., Register June 2019 No. 762.

Wis. Admin. Code § Trans 178.07 Appeal procedures {#sec-trans-178.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 178.07}

(1) General. A person may petition the office that administers this chapter for a redetermination. If a person files a petition for redetermination, the additional fee or overpayment shall not become due and payable until 30 days after the date of notice of the completed audit.

Note: The motor carrier services section currently administers this chapter.

(2) Format. The petition for redetermination shall be legibly written, typed, or emailed to the head of the department’s motor carrier audit program. The petition shall set forth clearly and concisely the specific grievance to the action, including a statement of the relevant facts and propositions of law upon which the grievance is based. Each request shall be signed by the registrant or a duly authorized representative.

(3) Filing deadline. A petition for redetermination shall be filed within 30 days after the date of notice of a completed audit. A petition for redetermination is considered filed on the date it is received by the department’s office that completed the audit, or if it is mailed in a properly addressed envelope, with postage prepaid, the envelope is postmarked before midnight the 30th day and the petition is received by the department within 5 days of the postmark.

(4) Payment. Any person who files a petition for redetermination may pay any portion of the assessment admitted to be correct. The payment shall be considered admission that that portion of the assessment is correct. The admitted portion that is paid may not be recovered in an appeal in any other action or proceeding.

(5) Informal conference. A person may request in a petition for redetermination or at any time before the department has acted upon the petition, an informal conference at which the facts and issues involved in the assessment or determination may be discussed. The conference shall be held at a time and place determined by the department. A request under this subsection does not toll the filing deadline under sub. (3).

(6) Settlement agreement. If during the appeal process the parties reach agreement, the department and the petitioner may enter a settlement agreement.

History

CR 16-074: cr. Register June 2019 No. 762, eff. 7-1-19; correction in (1) made under s. 13.92 (4) (b) 12., Stats., Register June 2019 No. 762.

Wis. Admin. Code § Trans 178.08 Revocation {#sec-trans-178.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 178.08}

If an assessed fee has not been paid when due and the person has not filed a petition for redetermination within 30 days after the date of notice of a completed audit, the fee becomes delinquent and subject to collection under s. Trans 178.09. The department shall send a notice of delinquency and revocation to the last known address of the registrant advising of the immediate revocation of UCR registration, fuel tax licensing, and vehicle registration privileges, or authority to operate. The department may revoke a registration under this chapter if the registrant fails to comply with the provisions of this chapter or the provisions of the UCR Agreement. The department shall send a notice of revocation to the registrant’s mailing address of record. Registration revoked under this chapter shall remain revoked until the reason for the revocation has been removed. The department may revoke, suspend, or refuse any registration, certificate, or permit issued by the department upon revocation of the person’s UCR registration.

History

CR 16-074: cr. Register June 2019 No. 762, eff. 7-1-19; correction made under s. 35.17, Stats., Register June 2019 No. 762.

Wis. Admin. Code § Trans 178.09 Actions to collect {#sec-trans-178.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 178.09}

(1) Department collection. The department shall make initial efforts to collect delinquent registration fees. The department may do any of the following to collect delinquent registration fees:

(a) Assess the person responsible for paying the registration fees. The department may subpoena any records necessary to determine the person responsible for paying the registration fees. Any officer, employee, fiduciary, or agent who is responsible for paying fees or other charges under this chapter incurred by another person but not paid is personally liable for those fees or other charges. The officer, employee, fiduciary, or agent may appeal that determination under the procedures in s. Trans 178.07.

(b) Suspend or refuse to issue any permit, license or registration to any person who is responsible for paying the fee under this chapter.

(2) Setoffs by department of revenue. The department may refer for collection any delinquent registration fees to the department of revenue under s. 71.93 (2), Stats., after having given the registrant reasonable notice and an opportunity to be heard with respect to the amount owed.

History

CR 16-074: cr. Register June 2019 No. 762, eff. 7-1-19; corrections in (1) (a), (2) made under s. 35.17, Stats., Register June 2019 No. 762.

Chapter Trans 195 FEES AND PROCEDURES FOR SEARCHES AND DOCUMENTATION OF DIVISION OF MOTOR VEHICLE RECORDS

Wis. Admin. Code § Trans 195.01 Purpose and scope {#sec-trans-195.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.01}

(1) As authorized by s. 227.11, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 19.32 to 19.37, 341.17, 342.09, and 343.24, Stats., relating to fees and procedures for searches and documentation of division of motor vehicle records.

(2) This chapter applies to any person wishing to obtain information, copies, certification, or verification of division of motor vehicle records.

History

Cr. Register, May, 1986, No. 365, eff. 6-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384.

Wis. Admin. Code § Trans 195.02 Definitions {#sec-trans-195.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.02}

In this chapter:

(1) “Agency code” means a number assigned by the department to a requester after a monthly contractual account is established.

(2) “Certification” means the authentication and identification of divisional records certified as correct in accordance with s. 909.02, Stats.

(3) “Certificate of search” means an authentication in writing that the appropriate records of the division were searched, but the specific record was not found, or was not available because the record was purged, destroyed, or was not reproducible.

(4) “Computer” means the same as defined in s. 943.70 (1) (am), Stats.

(5) “Computer network” means the same as defined in s. 943.70 (1) (b), Stats.

(6) “Computer supplies” means the same as defined in s. 943.70 (1) (dm), Stats.

(7) “Computer system” means the same as defined in s. 943.70 (1) (e), Stats.

(7m) “Confidential information” means information that is restricted or prohibited from disclosure by state or federal law.

(8) “Data” means the same as defined in s. 943.70 (1) (f), Stats.

(9) “Division” means the division of motor vehicles in the department of transportation.

(10) “Driver identification number” means a number assigned by the division to a driver record using the individual’s name, sex, and date of birth.

(11) “Duplicate” means the same as defined in s. 910.01 (4), Stats.

(12) “File” means an individual vehicle or driver license record.

(12g) “Highly restricted personal information” has the same meaning as defined in 18 USC s. 2725(4).

(12r) “Individual vehicle or driver license record” means computer-stored data relating to a single individual, a single non-individual customer, or a single vehicle, and includes information such as driver license incidents, name changes, prior vehicle ownership, and similar information.

(13) “Original” means the same as defined in s. 910.01 (3), Stats.

(13e) “Personal identifier” has the same meaning as defined in s. 85.103 (1), Stats.

(13m) “Personal information” has the same meaning as defined in 18 USC s. 2725(3).

(13s) “Personally identifiable information” has the same meaning as defined in s. 19.62 (5), Stats.

(14) “Photocopy” means the mechanical or chemical reproduction of one side, or a portion of any one side, of an original record.

(15) “Record” means the same as defined in s. 19.32 (2), Stats.

(15g) “Records in bulk” means compilation of more than 10 individual vehicle or driver license records provided at one time.

(15r) “Redaction” means separating and restricting access to personal identifiers, personally identifiable information, personal information, highly restricted personal information, and confidential information from records.

(16) “Requester” means the same as defined in s. 19.32 (3), Stats.

(17) “Search” means a review of the appropriate records of the division in order to establish the presence or absence of a particular record.

(18) “Verification of search” means to declare in writing, without certification, that the appropriate vehicle title and vehicle registration records of the division were searched.

History

Cr. Register, May, 1986, No. 365, eff.6-1-86; CR 07-064: cr. (7m), (12g), (12r), (13e), (13m), (13s), (15g) and (15r), am. (12) Register November 2007 No. 623, eff. 12-1-07; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register November 2007 No. 622.

Wis. Admin. Code § Trans 195.03 Requesting search of driver records {#sec-trans-195.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.03}

(1) A request for a search of an individual driver record may be made from the following information provided by the requester or with a contractual account established under s. Trans 195.10:

(a) Complete 14 digit driver identification number, or

(b) Complete name, date of birth, sex, or

(c) All of the information in pars. (a) and (b), in which case the name will be used if the record does not match the driver identification number furnished, or

(d) Sufficient information from par. (b) to identify the correct record.

(2) A requester may not perform the search of records identified in this section.

History

Cr. Register, May, 1986, No. 365, eff. 6-1-86; CR 07-064: am. (1) (intro.) Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 195.04 Requesting search of vehicle title and registration records {#sec-trans-195.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.04}

(1) A request for a search of an individual vehicle title and registration record may be made from the following information provided by the requester in person, in writing, or by telephone with a contractual account established under s. Trans 195.10:

(a) Identification number of vehicle, or

(b) Number of title certificate identifying vehicle, or

(d) Name and address of owner, or

(e) Name of owner, and year and make of vehicle.

(2) Each vehicle located from the information as identified in sub. (1) (d) shall constitute a single record.

History

Cr. Register, May, 1986, No. 365, eff. 6-1-86; CR 07-064: am. (1) (intro.) Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 195.05 Requesting documentation of other records {#sec-trans-195.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.05}

(1) Requests for the documentation of other division records or data may be in writing, in person, or with a contractual account established under s. Trans 195.10.

(2) Fees for other division records or data such as notices, uniform traffic citations, motor vehicle accidents, records in bulk, transcripts, orders, or applications shall be established under s. Trans 195.09.

History

Cr. Register, May, 1986, No. 365, eff. 6-1-86; CR 07-064: am. (2) Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 195.06 Determination of the methodology for the search or documentation of appropriate records {#sec-trans-195.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.06}

(1) The methodology used for the search or documentation of records shall be determined by the department.

(2) No records identified in this chapter may be removed from the department’s premises without the approval of the department.

History

Cr. Register, May, 1986, No. 365, eff. 6-1-86; CR 07-064: r. (2) to (4), renum. (5) to be (2) Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 195.07 Certification of records {#sec-trans-195.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.07}

(1) A certification may consist of:

(a) A search of division records and data sufficient to identify the specific information requested.

(b) A typewritten chronological listing of events that led to the issuance or denial of a vehicle title, vehicle registration, driver’s license, business license or other records and data.

(d) A certification form containing information as described in s. 909.02, Stats.

(2) A certificate of search shall be provided where records or data are not available because they were purged, destroyed, not located, or not reproducible.

(3) A letter of transmittal may be included with certifications of vehicle title records, vehicle registration records, business records, or other division records and data, which may explain vehicle laws, processing procedures, billing requirements or other information.

History

Cr. Register, May, 1986, No. 365, eff. 6-1-86.

Wis. Admin. Code § Trans 195.08 Verification of records {#sec-trans-195.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.08}

(1) A verification of records shall be performed only for vehicle title or vehicle registration records identified under s. Trans 195.04.

(2) A verification of records may consist of:

(a) A search of division records and data sufficient to identify the specific information requested.

(b) A verification form containing information described in par. (a).

(d) A copy or photocopy of appropriate record information.

History

Cr. Register, May, 1986, No. 365, eff. 6-1-86.

Wis. Admin. Code § Trans 195.09 Fees {#sec-trans-195.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.09}

(1) The fee for the search of each file or individual record identified in ss. Trans 195.04 and 195.05 shall be $5.00.

(3) The fee for each page of a copy, photocopy, or duplicate of an original record shall be $.25.

(4) The fee for each typewritten page as identified in s. Trans 195.05 (2) shall be $2.00.

(5) The fee for each certification of records as identified in s. Trans 195.07 shall be $5.00.

(6) The fee for each verification of records as identified in s. Trans 195.08 shall be $5.00.

(7) The minimum fee for any contractual telephone account established under s. Trans 195.10 shall be $30.00 per month.

(8) The requester shall pay all fees necessary to install and maintain the requester’s photocopy equipment and supplies used on the department’s premises.

(9) The fee for redaction of records will be computed by adding the central processing unit and staff time to separate personal identifiers, personally identifiable information, personal information, highly restricted personal information, and confidential information from records. Redaction fees may be charged only for records in bulk, and only if they exceed $50.

(10) The fee for records in bulk will be computed by multiplying $5 by the number of files or individual records provided. The department may charge a lesser fee. The amount of the fee and frequency of delivery may be confirmed in a contract with the department, as described in s. Trans 195.10.

(11) The department may allow payment of fees required by this section to be made by use of a major credit card if the fee required is more than $5.

(12) The final fee for the type of record and data search and service provided shall be determined by the department.

History

Cr. Register, May, 1986, No. 365, eff. 6-1-86; am. (1), (2) and (6), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-084: am. (1) and (5) to (7), r. (2), Register, November 2001 No. 551, eff. 12-1-01; CR 07-064: am. (1) and (3), r. and recr. (9) and (10) Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 195.10 Contractual accounts and billing service {#sec-trans-195.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.10}

(1) A requester may pay fees required under s. Trans 195.09 on a monthly basis if the department establishes a contractual account with the requester.

(2) The department may establish a contractual account upon request by the requester to the department for the search or documentation of departmental records including, but not limited to:

(a) Individual driver records by telephone.

(b) Driver records in bulk.

(d) Vehicle registration and title records in bulk.

(e) Notification of vehicle titles returned from out-of-state.

(3) The department will establish separate contractual accounts for a requester for the search or documentation of driver records and for the search or documentation of vehicle records.

(4) If a contractual account is requested, the department shall require a signed contractual agreement from the requester with a contractual account to pay the fees requested under s. Trans 195.09.

(5) The department shall assign account numbers and may bill accounts each month for fees or may require prepayment of fees required for accounts established under this section.

(6) When making a request for a record search under this section, the requester shall provide the account number and name of the requesting person or agency.

(7) Contractual account service shall be cancelled for any requester whose full payment is not received by the department within 30 days of the last billing. No search or documentation of records may be made until all outstanding obligations are paid.

(8) A requester who has had a contractual account cancelled by the department shall pay all outstanding obligations and pay a $30 reinstatement fee before an account can be reestablished.

Note: Forms used in this chapter are MVD2370, Customer Agreement, MVD2372, Vehicle Record Files Information Service Acknowledgement, and MV3270, Customer Agreement. Forms MVD 2370 and MVD 2372 can be obtained from the Division of Motor Vehicles, Vehicle Record Files, P.O. Box 7909, Madison, WI 53707-7909; Form MV3270 may be obtained from the Division of Motor Vehicles, Driver Record Files, P.O. Box 7918, Madison, WI 53707-7918.

History

Cr. Register, May, 1986, No. 365, eff. 6-1-86; CR 07-064: am. (1), (2) (intro.) to (d), (4) and (6) Register November 2007 No. 623, eff. 12-1-07.

Wis. Admin. Code § Trans 195.11 Direct access to DMV databases {#sec-trans-195.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 195.11}

(1) The department may provide direct access to its vehicle or driver license records to a person under a contract developed by the department.

(2) Except for agents authorized under ch. Trans 141 or ch. Trans 156, any person who enters a contract with the department for direct access to vehicle or driver license records shall obtain a criminal history background check from the Wisconsin department of justice for all persons who will have direct access to vehicle or driver license records. If the person with access to vehicle or driver license records does not reside in Wisconsin, the person who enters the contract with the department shall perform a nationwide criminal history background check through a private vendor or through their state’s equivalent of the Wisconsin department of justice, and shall provide documentation to the department as to the results for each person who will have direct access to vehicle or driver license records. The department may conduct a criminal history background check of any person who will have direct access to vehicle or driver license records for audit purposes.

History

CR 07-064: cr. Register November 2007 No. 623, eff. 12-1-07.

Chapter Trans 196 COUNTER SERVICE AND SPECIAL HANDLING SERVICE FOR CERTIFICATES OF TITLE AND REGISTRATION

Wis. Admin. Code § Trans 196.01 Purpose and scope {#sec-trans-196.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 196.01}

(1) As authorized by ss. 85.16 (1), 227.11 (2) (a), 341.19, 341.255 (1) and 342.14 (7), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 20.905, 85.14 (1) (a), 341.255, 342.08, and 342.14 (7), Stats., relating to counter service and special handling service for certificates of title or registration.

(2) This chapter applies to any applicant obtaining counter service or requesting special handling service for certificates of title or registration.

History

Cr. Register, August, 1990, No. 416, eff. 9-1-90.

Wis. Admin. Code § Trans 196.02 Definitions {#sec-trans-196.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 196.02}

In this chapter:

(1) “Applicant” means a natural person, partnership, association, or body politic or corporate, or the designee of a natural person, partnership, association, or body politic or corporate.

(2) “Application” includes documents, forms, information or fees which must be submitted to the department before the department may issue evidence of ownership or registration, or both, for a single vehicle.

(3) “Counter” means a facility that is established by the department at which an application may be submitted in person by an applicant.

(4) “Counter service” means issuance of evidence of ownership or registration from an application submitted to a counter.

(5) “Department” means the department of transportation.

(6) “Evidence of ownership or registration” includes the following:

(a) Certificate of registration.

(b) Certificate of title.

(d) Receipt.

(e) Special identification card for individuals with physical disabilities.

(f) Validation sticker.

(7) “Special handling” means a request by an applicant for accelerated service, fast handling, or priority service in the issuance of certificate of title or registration.

History

Cr. Register, August, 1990, No. 416, eff. 9-1-90; 2013 Wis. Act 363: am. (7), r. (8) Register May 2014 No. 701, eff. 6-1-14; CR 22-048: am. (6) (e) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 196.03 Counter service and fees {#sec-trans-196.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 196.03}

(1) The department shall collect the applicable fee for counter service as specified in s. 341.255 (2), Stats.

(2) Except as provided in sub. (3), the charge for counter service shall be computed as a fee per application.

(3) The department shall charge the counter service fee for each application submitted to a counter, unless one or more of the following apply:

(a) The application is also subject to a special handling fee under s. Trans 196.04.

(b) The department requests the applicant to deliver an application or evidence of ownership or registration to a service counter for the purpose of correcting an error by the department.

(c) The applicant requests a duplicate registration month or year validation sticker, and department records show that the applicant paid for the original validation sticker.

(4) A counter service fee shall be refunded if the department determines that evidence of ownership or registration was not issued to the applicant.

History

Cr. Register, August, 1990, No. 416, eff. 9-1-90.

Wis. Admin. Code § Trans 196.04 Special handling service and fees {#sec-trans-196.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 196.04}

(1) Except as provided in sub. (3), the department shall charge a fee for special handling service as follows:

(a) For processing an application for a certificate of title, $4.

(b) For processing an application for a combination of a certificate of title and registration, $4.

(2) The department may charge only one special handling service fee under sub. (1) per application.

(3) The department shall charge a special handling service fee when an applicant does one of the following:

(a) Mails an application to the department with a request for special handling, and the department satisfies one of the following conditions:

Issues a certificate of title or registration within 2 working days of receipt of the request.
Contacts the applicant by telephone within 2 working days of receipt of an incomplete application for a certificate of title or registration.
Mails a written response to the applicant within 2 working days of receipt of an incomplete application for a certificate of title or registration.

(b) Submits an application to the department and requests issuance of a certificate of title in less than the 3 days normally required for the department to check the application against the records of stolen vehicles in the department of justice as prescribed by s. 342.08, Stats.

(c) Requests the department to locate an application previously submitted to the department and the department locates the application.

(4) The special handling fee shall be refunded if the department determines that the special handling service for which the fee was collected was not performed.

Note: The mailing address for requests for special handling of an application for a certificate of title or registration is: Division of Motor Vehicles, Fast Service Processing, P.O. Box 7306, Madison, Wisconsin, 53707-7306.

Note: As of September 1, 1990, the special department telephone registration service is limited to a pilot project using a special telephone number. The special telephone number and information about the use of the service may be obtained from the Inquiry and Tracing Unit, (608) 266-1466.

Note: The forms MV2, License Plate Renewal Notice (postcard), and MV3, License Plate Renewal Notice (statement), are not required to renew a vehicle registration or to use the special department telephone registration service, but provide information regarding the renewal of vehicle registration. The department mails the forms to the owner of a vehicle approximately 30 days prior to the expiration of a vehicle’s registration.

History

Cr. Register, August, 1990, No. 416, eff. 9-1-90; am. (1) (d), Register, January, 1992, No. 433, eff. 2-1-92; CR 05-024: am. (1) (d) Register September 2005 No. 597, eff. 10-1-05; CR 10-030: r. (1) (d) Register July 2010 No. 655, eff. 8-1-10; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2010 No. 655; 2013 Wis. Act 363: r. (2) (b), (3) (d), (5) Register May 2014 No. 701, eff. 6-1-14.

Chapter Trans 197 PROOF OF INSURANCE CERTIFICATIONS

Wis. Admin. Code § Trans 197.01 Purpose and scope {#sec-trans-197.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 197.01}

(1) The purpose of this chapter is to administratively interpret s. 344.42, Stats., and to establish billing and collection procedures for the collection of fees related to the filing of proof of insurance forms by non-electronic means with the department.

(2) This chapter applies to any person that files proof of insurance with the department on behalf of insured drivers.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 197.02 Definitions {#sec-trans-197.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 197.02}

The definitions in ss. 340.01 and 344.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Electronic filing” means an insurance certification submitted to the department by an insurer using the department’s electronic certification submission process.

(2) “Insurance certification” means an SR-22, certification of proof of insurance for the future, or SR-26, notice of cancellation or termination of certified policy, submitted to the department by an insurance company on behalf of an insured driver.

(3) “Paper filing” means any insurance certification submitted to the department by an insurer that does not use the department’s electronic certification process, including certifications submitted by handwritten or typewritten documents, on preprinted forms, or by facsimile.

(4) “Year” means calendar year.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 197.03 Counting {#sec-trans-197.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 197.03}

(1) Electronic filings. Each electronic filing counts as one filing. Duplicate electronic filings shall be disregarded by the department and may not be counted.

(2) Paper filings.

(a) Each original or duplicate paper filing counts as a separate filing.

(b) Filings made pursuant to s. 344.38, Stats., on behalf of an employe, family member or household member may not be counted.

Note: See s. 344.42, Stats. The Department does not accept s. 344.38 filings electronically.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 197.04 Fees {#sec-trans-197.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 197.04}

The department shall assess a fee of $1.50 for each paper filing, except filings made pursuant to s. 344.38, Stats., if the insurer has filed more than 1,000 insurance certifications in the year.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 197.05 Time and effect of electronic certifications {#sec-trans-197.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 197.05}

(1) Time of filing. An electronic insurance certification is considered filed on the date the electronic transmission is posted to the department’s computerized database of driver records.

Note: Filings are usually posted the same day they are received. Section 344.34, Stats., provides that certified insurance policies may not be canceled or terminated earlier than ten days after filing a notice of cancellation or termination with the department.

(2) Effect of electronic sr-22 certifications. An insurer who submits an electronic SR-22, certification of proof of financial responsibility for the future, to the department certifies that the insurer provides coverage for the named insured as of the effective date of the certification for any motor vehicle operated by the named insured.

Note: The purpose of an electronic SR-22 filing is to meet the insurance filing requirements of s. 344.31, Stats.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 197.06 Billing procedures {#sec-trans-197.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 197.06}

(1) The department shall establish an account for any insurance company that files proofs of insurance on behalf of drivers with the department. The billing address shall be the address of the insurer provided with the filing, unless a different billing address is specified by the insurer.

(2) Fees assessed under s. Trans 197.04 shall be billed twice per year.

(3) Payment is due 30 days from the date of billing.

(4) The department shall assess interest charges at an annual rate of 18% on all past due accounts. Interest shall accrue from the date of billing.

(5) The department may refuse to accept insurance certifications submitted by an insurance company that has not made timely payment under sub. (3) until the insurance company pays all outstanding fees and interest charges.

(6) Partial payments shall be applied first to outstanding interest charges, if any, then to outstanding fees due.

(7) An insurance company shall promptly advise the department of any change in billing address.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Chapter Trans 198 MOTOR VEHICLE CONVENIENCE FEES

Wis. Admin. Code § Trans 198.01 Purpose and scope {#sec-trans-198.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 198.01}

This chapter interprets s. 85.14, Stats., which authorizes the department to accept payment by credit card, debit card, or any other electronic payment mechanism of a fee for certain motor vehicle products or services and to establish a convenience fee charged for any transaction so paid.

History

CR 10-030: cr. Register July 2010 No. 655, eff. 8-1-10.

Wis. Admin. Code § Trans 198.02 Definitions {#sec-trans-198.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 198.02}

The words and phrases defined in s. 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “In-person service” or “in-person” means transactions conducted at a division of motor vehicles customer service center and includes, for purposes of payment methods, transactions conducted with a division of motor vehicles representative other than at a customer service center, including transactions, by telephone.

(2) “On-line service” or “on-line” means transactions conducted by internet web site, including both whether the requested product is sent electronically to the customer or mailed in the US postal service to the customer.

History

CR 10-030: cr. Register July 2010 No. 655, eff. 8-1-10.

Wis. Admin. Code § Trans 198.03 Fee payment by credit card, debit card, or other electronic payment mechanism {#sec-trans-198.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 198.03}

(1) The department shall determine for which transaction types fees may be paid by credit card, debit card, or other electronic payment mechanism. The department shall determine which payment method will be accepted for each transaction type.

(2) The department may refuse to accept credit cards, debit cards, or other electronic payment mechanisms issued or offered by certain companies or banks.

History

CR 10-030: cr. Register July 2010 No. 655, eff. 8-1-10.

Wis. Admin. Code § Trans 198.04 Convenience fee for payment by credit card, debit card, or other electronic payment mechanism {#sec-trans-198.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 198.04}

The department shall charge a convenience fee for each transaction for which payment is by credit card, debit card, or other electronic payment mechanism. The convenience fee is in addition to the fee required to be paid to the department for the product or service, including the counter service fee if applicable for in-person service, or any other special or service fees applicable to the transaction.

History

CR 10-030: cr. Register July 2010 No. 655, eff. 8-1-10.

Wis. Admin. Code § Trans 198.05 Establishment of convenience fee {#sec-trans-198.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 198.05}

The department shall determine the convenience fee annually or as the department determines necessary due to changes in fees that the department may be required to pay the Enterprise Banking Services provider under the state Enterprise Banking Services contract. The department shall determine the convenience fee in consultation with the state controller’s office in the department of administration. The department may establish a different convenience fee amount for on-line transactions and for in-person transactions. The department may establish a minimum amount of a transaction for which payment may be made by credit or debit card, or other electronic payment mechanism.

History

CR 10-030: cr. Register July 2010 No. 655, eff. 8-1-10.

Wis. Admin. Code § Trans 198.06 Amount of convenience fee {#sec-trans-198.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 198.06}

(1) The convenience fee shall be charged per transaction. The convenience fee amount shall be either a percentage of the total transaction fee amount paid to the department or a flat fee specified for ranges of transaction amounts paid to the department. The transaction fee paid to the department includes the fee for product or service, and any other fee paid to the department for that transaction, such as a counter service fee.

(2) The convenience fee amount is determined based on payments that the department made to the Enterprise Banking Services provider under the state Enterprise Banking Services contract during the previous period and any known increases or decreases for the upcoming period.

History

CR 10-030: cr. Register July 2010 No. 655, eff. 8-1-10.

Wis. Admin. Code § Trans 198.07 Publication of convenience fee {#sec-trans-198.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 198.07}

(1) The current convenience fee and the current minimum transaction amount eligible for payment by credit or debit card or other electronic payment mechanism shall be published on the department’s internet web site and in communication materials that the department distributes to persons eligible to use these payment methods.

(2) If the department refuses to accept credit cards, debit cards, or other electronic payment mechanisms issued or offered by certain companies or banks, the department shall post this information on the department’s internet web site and in communication materials that the department distributes to persons eligible to use these payment methods.

(3) Because of space limitations on some types of communication materials, the department may place a notice in communication materials that refers the reader to the department’s internet web site for complete convenience fee listing.

History

CR 10-030: cr. Register July 2010 No. 655, eff. 8-1-10.

Chapter Trans 200 ERECTION OF SIGNS ON PUBLIC HIGHWAYS AND DISABLED PARKING SIGNS

Wis. Admin. Code § Trans 200.01 Purpose {#sec-trans-200.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 200.01}

The purpose of this chapter is to interpret and implement ss. 86.19, 86.191, 86.195, 86.196, 340.01 (73m), 346.41 and 346.503, Stats., relating to erection and maintenance of signs on public highways and signs related to reserved parking spaces for individuals with disabilities. This chapter does not apply to signs erected and maintained on property beyond the limits of a public highway, except signs related to reserved parking spaces for individuals with disabilities.

History

1-2-56; renum. from Hy 10.01 and am. (1), Register, July, 1980, No. 295, eff. 8-1-80; r. and recr., Register, March, 1984, No. 339, eff. 4-1-84; am. Register, July, 1992, No. 439, eff. 8-1-92; am. Register, March, 1999, No. 519, eff. 4-1-99; CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 200.015 Definitions {#sec-trans-200.015 omnilex-key=us-wi-regs-official--agency-trans--Trans 200.015}

(1) The definitions of words and phrases in chs. 84, 86, 340 and 990, Stats., except s. 990.01 (12), Stats., apply to this chapter unless a different definition is specifically provided.

(2) In this chapter:

(a) “Business sign” means a separately attached sign mounted on a specific information sign to show the brand, symbol, trademark or name, or combination of these, for a motorist service available on a crossroad at or near an interchange or an intersection. Each sign on an exit ramp sign under s. Trans 200.06 (7) (a) 4. is a separate business sign.

(b) “Conventional highway” means a highway that is neither a freeway nor an expressway.

(f) “Double-exit interchange” means a highway interchange facility with 2 exit ramps for traffic approaching the interchange from the same direction with one exit ramp leading to one direction of travel on the intersecting highway and the other exit ramp leading to the opposite direction of travel on the intersecting highway.

(g) “Erect” means to construct, manufacture, fabricate, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a sign or sign structure, but it does not include any of the foregoing activities when performed as customary maintenance of the sign or sign structure.

(h) “Exit ramp sign” means a specific information sign installed along the ramp or at the ramp terminal at single-exit interchanges that corresponds to the specific information sign along the main roadway, but which is reduced in size.

(i) “Federal-aid primary highway” means a highway designated by the department and approved by the secretary of the United States department of transportation under s. 84.105 or 84.29, Stats., and 23 USC 103 (b) or 103 (e).

(im) “Federal-aid secondary highway” means a highway designated by the department and approved by the secretary of the United States department of transportation under s. 84.01 (15), Stats., and 23 USC 103 (c) that is under the jurisdiction of the department.

(j) “Guidance sign” means a sign permitted under s. Trans 200.03.

(jm) “Install” has the same meaning as “erect.”

(k) “Maintain” means to keep in a state of repair, efficiency, or validity; to preserve from failure or decline; and to allow to exist.

(L) “Motorist service” means a service that qualifies under s. Trans 200.06 (2).

(m) “Motorist service sign” means an official traffic sign that includes one or more of the words “GAS,” “FOOD,” “LODGING,” “CAMPING” or “ATTRACTION” and directional information, but does not identify the business offering the service or the name of the brand of products offered.

(mg) “Region” means the geographical area under the administration of a region office.

(mr) “Region office” means an office of the division of transportation system development of the department of transportation.

(n) “Specific information sign” means a rectangular sign panel that displays:

One or more of the words, “GAS,” “FOOD,” “LODGING,” “CAMPING” or “ATTRACTION”;
Directional information; and
One or more business signs.

(o) “State trunk highway” means a highway designated as part of the state trunk highway system as provided in s. 84.02, Stats., including national parkways as provided in s. 84.105 (5), Stats., and interstate highways as provided in s. 84.29 (2), Stats.

(p) “Tourist-oriented directional assembly” means a group of one to 4 tourist-oriented directional signs attached to the same post.

History

Cr. Register, March, 1984, No. 339, eff. 4-1-84; emerg. am. (2) (e), cr. (2) (im), r. (2) (o), eff. 6-13-86; cr. (2) (im), r. (2) (o), Register, September, 1986, No. 369, eff. 10-1-86; am. (2) (e), Register, February, 1987, No. 374, eff. 3-1-87; am. (2) (a), r. (2) (c), cr. (2) (jm), (o) and (p), Register, July, 1992, No. 439, eff. 8-1-92; CR 06-103: am. (2) (m) and (n) 1. Register July 2007 No. 619, eff. 8-1-07; corrections in (2) (d), (e) made under s. 13.92 (4) (b) 6., Stats., and renum. (2) (d), (e) to (2) (mg), (mr) under s. 13.92 (4) (b) 1., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 200.02 Authority for the erection of signs {#sec-trans-200.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 200.02}

(1) The department of transportation or its authorized representatives in the case of the marked routes of state trunk highways, and local authorities with respect to highways under their exclusive jurisdiction, may place and maintain such traffic signs and signals as they deem necessary to warn, guide, inform, and regulate traffic, and also such signs and signals as are expressly permitted or required by the statutes or by these regulations, subject, however, to such limitations and restrictions as are contained in the statutes and these regulations.

(2) The department of transportation with respect to the state trunk highway system, and local authorities with respect to highways under their jurisdiction, may erect or permit any department of the federal, state or local government to erect such standard signs as the department of transportation or local authorities deem necessary to inform and warn the public of federal or state laws, local ordinances and lawful regulations by any such department.

History

1-2-56; am. (2), Register, June, 1973, No. 210, eff. 7-1-73; renum. from Hy 10.02 and am., Register, July, 1980, No. 295, eff. 8-1-80.

Wis. Admin. Code § Trans 200.03 Guidance signs for resorts, hotels, county institutions, etc {#sec-trans-200.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 200.03}

(1) Any person or persons conducting a summer or winter resort, hotel, or any place of public entertainment or instruction, or any place of religious worship, or persons having charge of any county institution or of any scientific experiment for the furtherance of agriculture or other science or art may be permitted to erect guidance signs of a type approved by the department subject to the conditions contained in this section.

(2) No guidance sign may be permitted on freeways, including the national system of interstate highways.

(3) Only where such institution or business is located removed from the state trunk highway system may such guidance signs be erected.

(4) Such guidance signs may be erected at only 2 intersections of the state trunk highway system with county highways or town roads, and at such intersections of county or town highways as are deemed necessary by the local authorities having jurisdiction over those highways.

(5) One sign of an approved size and shape may be erected at the entrance to any of the enumerated institutions or businesses.

(6) No person may be permitted to erect or maintain a guidance sign on a highway if that person has any advertising sign in the vicinity of the intersection where the guidance sign is proposed to be erected or has a business sign under s. Trans 200.06 on the same highway.

(7) All guidance signs erected on any public highway shall be of a type and design approved by the department. No flashing, illuminated, or reflecting signs or installation shall be permitted.

(8) No guidance sign may be erected upon state trunk highway right of way at an intersection with the state trunk highway system until the location and manner of erection of the sign have the written approval of the department. No guidance sign may be erected on the right of way of a county and town highway until the location and manner of erection of the sign have the written approval of the local authorities having jurisdiction over the said highway.

(9) All guidance signs and their supports shall be maintained in good condition. Signs or installations not satisfactorily maintained shall be removed by the officers in charge of the maintenance of the highway.

History

1-2-56; renum. from Hy 10.03 and am. (1), (6) and (7), Register, July, 1980, No. 295, eff. 8-1-80; r. (5), renum. (2) to (4) and (6) to (8) to be (3) to (5) and (7) to (9); cr. (2) and (6), Register, March, 1984, No. 339, eff. 4-1-84.

Wis. Admin. Code § Trans 200.04 Prohibited signs and signals {#sec-trans-200.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 200.04}

(1) No person may erect, cause to be erected, permit to be erected, or maintain any advertising, warning, route, guide, information, or regulatory sign or signal within the limits of any highway except as authorized in s. Trans 200.02, 200.03, 200.05 or 200.06.

(2) No person may place or maintain nor may any public authority permit upon any highway any official traffic control device bearing thereon any commercial advertising except as authorized in s. Trans 200.06. (See ss. 346.41 and 349.09, Stats.)

(3) No local authority shall place or maintain any stop sign or traffic control signal which stops or regulates the movement of traffic on or entering the state trunk highway system or the urban extensions of the marked routes thereof, designated by the statutes as connecting highways, without the approval of the department.

History

1-2-56; am. (1), Register, June, 1959, No. 42, eff. 7-1-59; renum. from Hy 10.04 and am., Register, July, 1980, No. 295, eff. 8-1-80; am. (1) and (2), Register, March, 1984, No. 339, eff. 4-1-84.

Wis. Admin. Code § Trans 200.05 Warning signs for underground transmission lines {#sec-trans-200.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 200.05}

(1) Subject to the conditions set forth in this chapter and in compliance with the provisions of s. 86.16, Stats., the department may grant permits to public utility companies and cooperatives to erect on highway right of way signs giving notice of the presence of underground conduit, cables or pipe for the transmission of electric power, communications or liquid or gaseous fuels.

(2) When warning signs are permitted in accordance with this chapter, they shall be placed on highway right of way within 2 feet of the fence or right of way line in such a manner that the face of the sign roughly parallels the highway centerline and shall be so adjusted as to height that they will in no way impair vision at intersections, curves, railroad crossings or private entrances. Signs may be erected at the following prescribed locations:

(a) On one or both sides of a public highway or railroad right of way which the underground transmission line crosses.

(b) On one or both sides of a stream wider than 50 feet. In the case of navigable streams or channels, additional signs may be permitted in the stream at such locations approved by the authority having control of navigation.

(d) At such intermediate points that signs will be located at intervals of approximately one-half mile.

(e) At such other points as may be specifically authorized upon a determination that such additional signs are necessary to reduce the likelihood of damage to the transmission lines.

(3) The signs shall be rectangular in shape and not larger than 24″x 18″ when mounted horizontally or not larger than 12″ x 18″ when mounted vertically. Roof-type aerial markers shall not exceed 24″ x 18″measured on the plane connecting the 4 lower corners of the marker with a maximum vertical dimension of 8″. Adequate contrasting color combinations for signs may be selected at the discretion of the utility, except that the following 2-color combinations are specifically prohibited:

(a) Black on federal yellow.

(b) White on red (except where specifically required by other legal authority).

(3m) The signs shall not be reflectorized.

(4) In addition to the warning message, the signs may include an arrow or arrows indicating the general direction taken by the transmission line. The arrow signs may also be separate from the warning sign, in which case they shall be not greater than 4″ x 12″ in size. The warning signs may carry the name, address, and telephone number of the company owning the transmission line, provided that such lettering shall not exceed one inch in vertical height. The word “Danger” shall generally be avoided unless specifically required by statute or other legal authority. No advertising will be permitted except that the signs may carry the company symbol provided that such symbol is restricted in size to a minimum of one inch and a maximum of 20% of the vertical height of the sign. Such restrictions shall apply to both horizontal and vertical dimensions of the symbol.

(5) All signs and their supports shall be erected, maintained, and replaced as necessary by the company owning them. They shall be moved by the company at its own expense upon request from the authority maintaining the highway.

(6) In accepting permission to erect signs of the type provided for in this chapter, the company (or cooperative) agrees that such permission in no way constitutes assumption by the highway maintaining authority of any liability for any damage to the transmission line resulting from work performed by or for said highway authority.

(7) The regulations of this chapter shall not be retroactive but shall apply to all sign installations made subsequent to the date of adoption of this chapter, and shall also apply to any replacement of existing signs made after said date.

(8) Special cases where application of this general policy is deemed impractical, inadequate or unreasonable shall be subject to special study and individual decision by the department as to disposition.

History

Cr. Register, June, 1959, No. 42, eff. 7-1-59; renum. from Hy 19.05 and am.(1) and (8), Register, July, 1980, No. 295, eff. 8-1-80.

Wis. Admin. Code § Trans 200.055 Warning signs for utility work areas {#sec-trans-200.055 omnilex-key=us-wi-regs-official--agency-trans--Trans 200.055}

The first advance warning sign and the “END UTILITY WORK” sign shall be placed in accordance with the Wisconsin manual on uniform traffic control devices, the department’s utility accommodation policy, or any other work zone traffic control guidance that has been accepted for regular use by the department with respect to the state trunk highway system, or a county, town, or municipality with respect to highways under their jurisdiction.

Note: Authority for the Manual on Uniform Traffic Control Devices is found at s. 84.02 (4) (e), Stats. Section 227.01 (13) (d), Stats., also states that the Department is exempt from rulemaking with regard to use of highways that is made known to the public by means of signs or signals. A copy of the Department’s Utility Accommodation Policy may be obtained, without cost, by writing to the Division of Transportation Infrastructure Development, Bureau of Highway Operations, P. O. Box 7986, Room 501, Madison, WI 53707-7986.

History

Cr. Register, March, 1999, No. 519, eff. 4-1-99.

Wis. Admin. Code § Trans 200.06 Specific information and business signs {#sec-trans-200.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 200.06}

(1) Signs permitted. The department may authorize the erection and maintenance of business signs on specific information signs in accordance with s. 86.195, Stats., subject to the following restrictions:

(c) No business sign may be erected or maintained for any business that has a guidance sign under s. Trans 200.03 on the same highway unless the guidance sign is removed before the business sign is erected.

(d) When a business sign is erected, any existing motorist service signs for the same services at the same intersection in the same direction shall be removed.

(f) Any person permitted to have a business sign shall provide any supplemental signing deemed necessary to guide traffic to the motorist service. Supplemental signing includes ramp signing or other lawful signing.

(g) No business sign may be erected or maintained on an exit ramp sign without a corresponding business sign on the specific information sign along the main roadway. A business sign may be erected and maintained on a specific information sign along the main roadway without a corresponding business sign on an exit ramp sign unless deemed necessary by the department to guide traffic to the motorist service.

(h) No business sign may be erected or maintained on a freeway for a business that is reached by any other freeway. No business sign may be erected or maintained on an expressway for a business that is reached by any other expressway or by any freeway. No business sign may be erected or maintained on a conventional highway for a business that is reached by any other conventional state trunk highway or by any expressway or freeway. The department may allow exceptions to the restrictions in this paragraph when it deems it necessary to provide motorists with service information.

(i) No business sign may be erected or maintained at a location where there is an intersection or interchange on the same highway between the sign location and the intersection or interchange at which the business to which the sign applies is located. This paragraph does not apply to double-exit interchanges.

(j) No business sign may be erected or maintained at less than normal spacing in order to accommodate the sign between 2 successive intersections or interchanges. This paragraph does not apply to double-exit interchanges.

(k) When there are more business signs requested than the number that may be permitted, the businesses with existing permitted signs shall have priority; then the businesses that are nearest the through federal-aid primary or secondary highway shall have next priority. At double-exit interchanges, the distance shall be measured separately for each pair of double exits, and the shorter distance shall determine priority.

(L) Any business sign for a motorist service operated on a seasonal basis shall be removed or covered during off seasons.

(m) No business sign, brand, symbol, trademark or any other message may be erected or maintained that resembles any official traffic control device or railroad sign or signal.

(n) No business sign may be erected or maintained that does not meet the department’s specifications.

(o) No business sign may be erected or maintained that has an objectionable appearance as determined by the department due to vandalism, fading, deterioration or other causes.

(p) No business sign may be erected or maintained for a motorist service that does not fulfill the service requirements of s. 86.195 (3), Stats.

(q) No business sign may be erected or maintained by any applicant for the sign.

(r) No business sign may be erected or maintained that fails to conform with s. 86.19, 86.191, 86.195 or 346.41, Stats., or rules interpreting and implementing these statutes, as determined by the department.

(s) No business sign may be erected or maintained that fails to conform with Wisconsin statutes or federal statutes.

(t) No business sign may be erected or maintained in violation of an order of the department or any court of competent jurisdiction.

(u) No business sign may be erected or maintained for any business that fails to conform with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex, sexual orientation or national origin.

(v) Sign removal shall not be stayed by filing any appeal of the department’s decision or order to remove a sign.

(w) Sign removal shall not affect a sign requestor’s liability for any unpaid fees, interest and costs of collection as determined by the department.

(2) Services permitted. The motorist services for which the department may authorize the erection and maintenance of business signs on specific information signs within a highway are limited to “GAS,” “FOOD,” “LODGING,” “CAMPING” or “ATTRACTION” in accordance with s. 86.195 (3), Stats.

Note: The 36 highway segments currently (2005-06) designated as eligible for these signs are shown on the map in ch. Trans 200 Appendix A.

(2g) General requirements for “attraction” eligibility. To qualify for display on a specific information sign as an “ATTRACTION,” a business shall meet the following criteria:

(a) Have the primary purpose of providing amusement, historical, cultural or leisure activities to the public.

(b) Be of regional significance.

(d) Not be identified on any supplemental signing under sub. (1) (f) or guidance sign on the same route as the specific information sign.

(e) Be located within 3 miles of the interchange and have adequate signage to direct motorists to their location after exiting the highway. If no business, facility, or activity in the category of “ATTRACTION” is available or chooses to participate in the specific information sign program within the 3-mile limit, the limit may be extended to a maximum distance of not more than 5 miles from the highway, unless the distance limit for the category of “ATTRACTION” is increased by a statutory enactment of the Wisconsin Legislature that is consistent with federal law.

(f) Comply with laws concerning the provisions of public accommodations without regard to race, religion, color, age, sex, or national origin, and laws concerning the licensing and approval of service facilities.

(g) Have adequate supplemental signage under sub. (1) (f) to direct motorists to their location after exiting the highway.

Note: The 3 to 5-mile distance to services limitation in par. (2g) (e) is required by s. 86.195 (5) (a), Stats. (2005-06). The public accommodations requirement in par. (2g) (f) is required by Section 2F.01 of the 2003 Manual on Uniform Traffic Control Devices (Rev. 1 included) that reads: “Eligible service facilities shall comply with laws concerning the provisions of public accommodations without regard to race, religion, color, age, sex, or national origin, and laws concerning the licensing and approval of service facilities.”

(2r) Advisory council. The advisory council appointed by the department under ss. 15.04 (1) (c) and 15.09, Stats., for the tourist-oriented directional sign program under s. Trans 200.08 (3) shall also serve as the advisory council to review applications for the display of business signs on specific information signs in the “ATTRACTION” category. The department shall make the final decision on applications. The department may act on any application not acted upon by the advisory council within 60 days of forwarding of the application to the council. Members of the advisory council will not be compensated for their services or reimbursed for their expenses, except the department may reimburse private citizen members in hardship cases for actual and necessary expenses incurred in the performance of their duties.

(a) Amusement, historical, cultural or leisure activities. In making its recommendations regarding whether an applicant’s business qualifies as an “ATTRACTION,” the advisory council may consider the following non-exclusive list of business facilities that presumptively provide amusement, historical, cultural or leisure activities to the public:

Agri-tourism businesses such as breweries, gardens, cheese factories, vineyards, and wineries.
Aquariums, wildlife facilities, wildlife preserves, wildlife sanctuaries, and zoo facilities.
Cultural, historic or scientific sites, galleries, halls of fame, museums, and performing arts facilities.
Nature or scenic areas such as beaches, gorges, nature facilities, nature preserves, nature sanctuaries, observation points, observation towers, parks, scenic areas, trails, lakes, waterfalls, waterways, and bluffs.
Recreation facilities such as amusement parks, casinos, racetracks, speedways, and theme parks.
Religious sites or shrines. Religious sites or shrines, typically not including cathedrals, churches, chapels, synagogues, temples, or mosques, and only when the site or shrine is readily recognized regionally.
Scenic rides or sightseeing tours such as balloon, boat, helicopter, lift, airplane, train, and trolley rides are more likely to qualify in more rural less densely populated areas or where there is a large selection of such activities in one place.
Sport arenas, sport facilities or sport stadiums.
Shopping mall, or downtown/business area only if it has a readily regionally recognized and dominant attraction and regionally well-known identifying logo for the mall or downtown/business area and is not better identified by alternative directional signing.

(b) Primary purpose. In making its recommendations regarding whether an applicant’s business qualifies as an “ATTRACTION,” the advisory council may consider the following factors to determine whether a business facility has the primary purpose of providing one or more of the above qualifying activities to the public:

Percent of business and land area devoted to the eligible activity.
Percent of business gross and net revenue derived from the eligible activity.
Focus of any business advertising primarily for the eligible activity.
Percent of annual attendance attributable to the eligible activity.

(c) Regional significance. In making its recommendations regarding whether an applicant’s business qualifies as an “ATTRACTION,” the advisory council may recognize or consider the following in determining whether a business facility has regional significance:

Regional significance generally is demonstrated by a market presence or significant public awareness of the attraction beyond the local community. While the concept of regional significance is consistent around the state, the significance of a given attraction should be considered relative to other attractions in the area. Areas of the state that are more heavily tourism oriented and those areas that are more rural and less densely populated may result in different determinations of regional significance.
Regionally significant attractions are more likely to be pre-planned ultimate destinations than convenience stops.
Annual attendance, typically over 5,000 at minimum, size of geographic market, percent of customers or visitors from beyond 50-mile radius, existence and size of a regional advertising budget, the number of parking spaces, accommodations to handle large groups such as transit or tour bus facilities, the number of seats in performing arts facilities, the percentage of out-of-state plates, the number of hours and days of continuous operations, the availability and number or tours, and the expected contribution to the success of regional tourism may also be considered indicators of regional significance.

(d) Changeable electronic signs. Due to spacing requirements, geographic and other limitations on the number of “ATTRACTION” category sign opportunities that may be available, the department may allow changeable electronic sign technology for the specific information sign program to the extent permitted by federal laws and regulations, and subject to the ability to meet contractual and cost provisions acceptable to the department. Changeable electronic signs may serve to make the limited number of spaces available to more “ATTRACTIONS” and other permitted categories.

(e) Permissive alternative recommendations when appropriate. If the advisory council recommends against allowing an “ATTRACTION” category sign to an applicant, the council may recommend:

Alternative signing under the tourist-oriented directional sign program under s. 86.196, Stats., and s. Trans 200.08 when appropriate on any highway, other than those designated by the state for the specific information sign program.
Alternative directional or destination guide signs authorized by the federal Manual on Uniform Traffic Control Devices 2003 Edition, Revision 1, including Sections 2H.08 and 2H.09 and some parts of Sections 2D and 2E as adopted by the department pursuant to s. 84.02 (4) (e), Stats., when appropriate, with further explanations and guidance provided in the department’s traffic guidelines manual. Section Trans 200.03 is an additional source of direction for guidance signing.

Note: Chapter Trans 200 Appendix B is an illustration of a Specific Information Sign and associated business sign. Chapter Trans 200 Appendix C is an illustration of a Tourist-Oriented Directional Sign. Chapter Trans 200 Appendix D is an illustration of other directional or guidance signs generally known as Traffic Generator Signs.

(3) Application and permit renewal procedure.

(a)

The department shall provide forms for business sign applications at region offices. Completed applications shall be submitted to the region office for the region where the sign is to be located. Each applicant shall provide all information required on the department’s application form. If the application for the sign is denied, the application fee shall be returned.
In lieu of or in addition to the form and procedure in subd. 1., the department may enter into a contract that specifies alternative application forms with a private contractor.

(c) Each applicant shall indicate on its application whether its business is seasonal and the closing and opening dates of the business if seasonal. The applicant shall give assurance to the department that it will provide prior notification to the region office of the region in which the sign is to be located of any change in seasonal dates.

(e) Each applicant shall state on its application that it shall furnish the department’s contractor the brand, symbol or trademark or business sign meeting the department’s specifications for the business sign.

(f) If an application is approved and a permit issued, an annual permit renewal fee shall be required for administrative costs and routine inspection. Annual renewal of the permit shall be subject to review and approval or denial by the department. If there are more business signs requested than the number that may be permitted, the permit shall be denied or not renewed in favor of existing permitted signs and then any eligible applicant providing a motorist service that is nearer the through federal-aid primary or secondary highway. If motorist services are at equal distance from the through federal-aid primary or secondary highway upon which the sign is to be placed, then the earliest received application shall have priority.

(g) Applications for permits may be submitted to the department within periods announced and publicized by the department. Applications received during announced periods may be considered project groups.

(h) The business for which a business sign is requested shall be the applicant and the permit shall be issued to the business.

(i) In lieu of the application and permit renewal procedure stated in pars. (a) to (h), the department may enter into a contract that specifies alternative application and permit renewal procedures with a private contractor.

(4) Fees. The applicant requesting the erection of a business sign shall pay to the department an application fee of $40 for administrative costs and the cost of routine sign inspection. A separate application and $40 fee is required for each business sign requested. A business sign along the main roadway and its corresponding sign on an exit ramp sign under sub. (7) (a) 4. shall be considered 2 business signs. The applicant granted a permit shall pay the department an annual permit renewal fee of $40 for each business sign and $40 for each corresponding business sign on an exit ramp sign, if any, before the anniversary date of the erection of the business sign each year following erection of the sign. If the department does not receive payment of the annual renewal fee by the anniversary date, the department shall not renew the permit.

(5) Contracts.

(a) The department shall prepare plans and specifications for the manufacture, erection and maintenance of signs. The department’s specifications shall require all sign panel supports to be of a breakaway design. The department may elect to undertake the manufacture and erection of signs by erection contract or by maintenance contract. The department may also elect to undertake the manufacture of specific information signs by separate contract from the maintenance or erection contracts, and contracts may be of any statewide, regional, district or local scope deemed reasonable and cost effective by the department. All erection and maintenance work shall be done under contracts administered by the department. No work may be done by any applicant. The applicant shall furnish the department’s contractor the applicant’s brand, symbol, trademark or name, or combination of these, or the business sign meeting the department’s specifications as the business sign. All materials furnished as business signs by an applicant or by the department’s contractor shall become and remain the property of the department once erected within any public highway, or as otherwise specified in the department’s contract with its contractor. Failure to deliver the business sign within the specified period, to provide necessary supplemental signs, or to conform the sign to the department’s specification may result in the forfeiture of the $40 fee and another business may be given the opportunity to qualify for the vacated space.

(b) Sign maintenance contracts shall include provisions for installation of additional business signs on existing specific information signs; replacement of damaged, defective or obsolete signs; removal of signs; and covering and uncovering or removing and replacing signs for seasonal services.

(c) Maintenance contracts may contain provisions for a negotiated price for unanticipated erection of specific information signs, including supports.

(d) In lieu of or in addition to the contracting procedures stated in pars. (a) to (c), the department may enter into a contract that specifies alternative manufacture, erection, maintenance, marketing and implementation methods with a private contractor.

(6) Signing criteria.

(a) Distance to motorist service. The distance from a highway to a business shall be measured from the nearest edge of the main travelled roadway of the highway at an intersection or from the gore between the main travelled roadway and the exit ramp at an interchange to the centerline extended of the closest driveway to the business on the crossroad. At a double-exit interchange, the distance shall be measured for each pair of double exits and the shorter distance shall govern.

(b) Lateral location. The location for specific information signs shall be determined by the department to preserve highway safety, to take advantage of natural terrain, to have the least impact on the scenic environment, to minimize conflict with scenic easements, and to avoid visual conflict with other signs within the highway or with signs authorized or permitted under s. 84.30, Stats.

(c) SIS grandfather provision. Specific information signs lawfully erected with the department’s approval before May 8, 1990, may be maintained subject to all other conditions of this section.

(e) General sign specifications.

Specific information signs. The sign panels for specific information signs shall have a blue background with a white legend and border. The sign panels, legend and borders shall be reflectorized but not illuminated. The size of the sign panels shall not exceed the minimum size necessary to accommodate the maximum number of business signs permitted using the required legend height and the interline and edge spacing.
Business signs. Business signs shall have a blue background with a white legend and border. Business signs shall be reflectorized. The principal legend should be at least equal in height to the directional legend on the specific information sign. If a business brand, symbol or trademark is used alone for a business sign, the border may be omitted. Business signs, including the brand, symbol or trademark or name, or combination of these, meeting the department’s specifications, shall be provided to the department’s contractor by the business. The brand, symbol or trademark or name, or combination of these, and any required legend shall not exceed the standard business sign size and any integral legend shall be in proportionate size. Businesses that provide diesel fuel as well as “GAS” services are encouraged to provide “DIESEL” as an integral legend on their business sign. The vertical and horizontal spacing between business signs on specific information signs shall not exceed 8 inches and 12 inches, respectively.

(f) Legends. All directional arrows and all letters and numbers used in the name of the type of motorist service and the directional legend shall be white and reflectorized.

(7) Interstate highways and other freeways special requirements.

(a) Sign location.

Separate specific information signs. Except as provided in par. (b) 3., a separate specific information sign shall be provided for each type of motorist service for which business signs are displayed.
Relationship to exit gore. The specific information signs shall be erected between the end of the acceleration lane at the previous interchange and 800 feet in advance of the beginning of the deceleration lane at the interchange from which the motorist services are available. There shall be at least 800 feet spacing between the signs. Excessive spacing shall be avoided. Spacing may be adjusted to avoid visual conflict with other signs.
Convenient reentry. Specific information signs shall not be erected at an interchange where the motorist cannot conveniently reenter the freeway and continue in the same direction of travel.
Exit ramp signs. At single-exit interchanges where motorist service facilities are not visible from a ramp terminal, ramp signs shall be installed along the ramp or at the ramp terminal. These signs shall be provided by the business and shall correspond to the specific information signs along the main roadway but shall be reduced in size. Business signs for visible facilities may be omitted. The exit ramp signs shall include the distance to motorist service installations exceeding 3 miles and directional arrows in lieu of words. The minimum letter height shall be 4 inches except that any legend on a symbol shall be proportional to the size of the symbol.

(b) Sign composition.

Single-exit interchanges. At single-exit interchanges, the name of the type of motorist service followed by the exit number shall be displayed in one line above the business signs. At unnumbered interchanges, the directional legend “NEXT RIGHT (LEFT)” shall be substituted for the exit number.
Double-exit interchanges. At double-exit interchanges, the specific information signs shall consist of 2 sections, one for each exit. The top section shall display the business signs for the first exit and the lower section shall display the business signs for the second exit. No more than one-half of the maximum number of signs permitted at an intersection shall be permitted for each exit. The name of the type of motorist service followed by the exit number shall be displayed in a line above the business signs in each section. At unnumbered interchanges, the legends “NEXT RIGHT (LEFT)” and “SECOND RIGHT (LEFT)” shall be substituted for the exit numbers. Where a type of motorist service is to be signed for at only one exit, one section of the specific information sign may be omitted. The number of business signs, total of both sections, shall be limited to the number specified in s. 86.195 (5) (b), Stats.
Interchanges with fewer facilities.

a. At interchanges where not more than 3 qualified facilities are available for each of 2 or more types of motorist services, business signs for 2 types of motorist services may be displayed on the same specific information sign. When 2 types of motorist services are displayed on one sign, the business sign panels shall be limited to 3 for each motorist service type, or 4 for one motorist service type and 2 for the other motorist service type. Not more than 6 business sign panels may be displayed on one specific information sign.

b. At interchanges where not more than 2 qualified facilities are available for each of 3 or more types of motorist services, business signs for 3 types of motorist services may be displayed on the same specific information sign. Not more than 2 business signs for each type of motorist service may be displayed in combination on a specific information sign with 3 types of motorist services. When it becomes necessary to display a third business sign for a type of motorist service displayed in combination, the business signs involved shall then be displayed in compliance with subd. 1., 2. or 3. a.

c. The name of each type of motorist service shall be displayed above its respective business signs, and the exit number shall be displayed above the names of the types of motorist services. At unnumbered interchanges, the legend “NEXT RIGHT (LEFT)” shall be substituted for the exit number. Business signs shall not be combined on a specific information sign when it is anticipated that additional motorist service facilities will become available in the near future.

(c)

Business sign size. Each business sign displayed on a “GAS” specific information sign shall be contained within a 48-inch-wide and 36-inch-high rectangular background area, including border. Each business sign displayed on a “FOOD,” “LODGING,” “CAMPING” OR “ATTRACTION” specific information sign shall be contained within a 60-inch-wide and 36-inch-high rectangular background area, including border. If 2 business signs are displayed for 3 different types of motorist services on one specific information sign, the business sign size shall be contained within a 48-inch-wide and 36-inch-high rectangular background area, including border.

Note: After August 1, 2007, the Department may require all newly-erected or replacement specific information signs to contain business signs within a 48-inch wide and 36-inch high rectangular background area, including border, in order to accommodate the newly added ATTRACTIONS category of signs.

Legends. All letters used in the name of the type of motorist service and the directional legend shall be 10-inch capital letters. Numbers shall be 10 inches in height.

(8) Expressways—special requirements.

(a) Sign location.

Interchanges. The location of specific information signs and exit ramp signs erected for interchanges shall be the same as for interstate highways and freeways under sub. (7) (a).
Intersections. The locations of specific information signs, the spacing between specific information signs, and between specific information signs and other traffic control devices shall be determined on the basis of the department’s engineering study.

(b) Sign composition. The composition of specific information signs and exit ramp signs erected for interchanges shall be the same as for interstate highways and freeways under sub. (7) (b).

‘Interchanges.’ Business signs shall conform to the sizes specified for interstate highways and freeways under sub. (7) (c) 1. Legends shall conform to the requirements for interstate highways and freeways under sub. (7) (c) 2.
‘Intersections.’ Each business sign shall be contained within a 36-inch-wide and 24-inch-high rectangular background area, including border. All letters used in the name of the type of motorist service and the directional legend shall be 6-inch capital letters.

(9) Conventional highways—special requirements.

(a) Sign location. The location of the specific information signs shall be the same as specified for expressway intersections under sub. (8) (a) 2.

(b) Sign composition. The composition of the specific information signs shall be the same as specified for expressway intersections under sub. (8) (b).

(c) Sign size. Each business sign shall be contained within a 24-inch-wide and 18-inch-high rectangular background area, including border. All letters used in the name of the type of motorist service and the directional legend shall be 4-inch capital letters.

(10) Compliance with federal law. The department may promulgate an emergency administrative rule under s. 227.24, Stats., that supersedes this chapter whenever federal standards become more restrictive than this chapter.

(11) Sign removal.

(a) The department may remove a business sign at any time for any of the following reasons:

Failure to comply with any of the restrictions under sub. (1);
Failure to comply with any of the motorist service standards under sub. (2);
Failure to comply with any application or permit renewal requirement under sub. (3).
Failure to receive timely payment of any fee required by the department under sub. (4);
Failure to comply with any signing criteria under sub. (6) (a);
Failure to comply with an emergency rule promulgated by the department to comply with more restrictive federal standards under sub. (10);
Failure to have a valid business sign permit approved by the department at the time the sign is removed;
Failure to comply with any condition of any business sign permit;

(b) The department may also remove a business sign to facilitate construction, maintenance or utility work within the limits of the public highway, including sign erection or maintenance, when approved by the department. The department shall provide restoration of the sign upon completion of the work.

(c) Removal of a business sign by the department shall not be stayed by the filing of any contested case, by any appeal of the department’s decision or order to remove the sign, or while the final decision is pending in any contested case or appeal.

(d) Removal of a business sign by the department as a result of the department’s denial of a permit renewal shall not be stayed pending the final decision in any contested case or any appeal of the department’s denial of the permit renewal.

(e) The department may remove a business sign at any time for any reason stated in this subsection whether the reason for removal occurs before or after issuance of the permit by the department, renewal or denial of the permit, or erection of the sign.

(f) The department may remove a business sign at any time for any reason stated in this subsection whether the reason for removal results from action or inaction of the department, an applicant, permittee, the department’s contractor, or any other person or any other event or occurrence. The department shall provide for restoration of the sign, or refund, if the removal results from an error of the department or the department’s contractor in locating the sign.

(12)

(a) Priority. The department will establish an initial application period for “ATTRACTION” category signs ending the first day of the second month commencing after the effective date of this chapter. If, after review by the advisory committee, there are more eligible applicants than spaces available at any one location, priority will be given to those eligible “ATTRACTIONS” recommended by the advisory committee and closest to the intersection or exit. When there is any eligible attraction within the first 3 miles from the intersection or exit that has applied, no applicants outside the 3-mile distance may be approved. Remaining applications will be retained for consideration when space becomes available for attractions at that location. Following the initial application period when opportunities arise to replace or add an attraction to a specific information sign, the applications on file for that sign location will be referred to the advisory council for review of current eligibility. The advisory council report will be used by the department in determining which applicant will be approved. The department will select the eligible attraction closest to the intersection or exit. When 2 or more eligible attractions exist at the same distance from the intersection or interchange, the date the application was received may be used as a tiebreaker. After the sign has been erected, attractions cannot be removed from a sign based on distance alone.

(b) Distance. If the attraction is greater than 3 miles but less than the 5-mile limit from the highway interchange, the ramp sign shall include the number of miles to that location as part of the business logo. The ramp sign shall also include the number of miles to the location if the distance limit for the category of “ATTRACTION” is increased by a statutory enactment of the Wisconsin Legislature that is consistent with federal law.

(c) Seasonal attractions. If the attraction is seasonal, the attraction business sign will be removed or covered with a closed plaque during the off-season. If a waiting list exists, the department may offer the spot temporarily, but the seasonal business will go back on the sign during the next “open” season.

Note: A different rate may be necessary to accommodate seasonal businesses due to the increased maintenance necessary.

History

Cr. Register, March, 1984, No. 339, eff. 4-1-84; emerg. am. (1) (intro.), (a) to (h), (k), (q), (3) (e) and (f), (4) (a), (5) (a) and (b), (6) (e) 2., (7) (a) 4., r. (1) (a) and (b), (3) (d), (4) (b) to (d), cr. (1) (x), (3) (i), (5) (d), and (12), r. and recr. (3) (g), eff. 6-13-86; am. (1) (intro.), (e), (h), (k), (q), (3) (e) and (f), (5) (a) and (b), (6) (e) 2. and (7) (a) 4., r. (1) (a) and (b) and (3) (d), cr. (1) (x), r. and recr. (3) (g), Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (d), (f) to (h), (k), (3) (f) and (5) (a), renum. (4) (a) to be (4) and am., r. (4) (b) to (d), cr. (3) (i), (5) (d) and (12), Register, February, 1987, No. 374, eff. 3-1-87; am. (1) (intro.), (h), (p), (2) (intro.), (6) (e), (7) (b) and (8) (a) 2., r. (1) (e), (x), (2) (a) to (d), (3) (b) and (6) (d), r. and recr. (6) (a), (c), (7) (c) 1. and (8) (b), renum. (12) to be (3) (a) 2. and am., Register, July, 1992, No. 439, eff. 8-1-92; correction in (9) (b) made under s. 13.93 (2m) (b) 7., Stats., Register March 1999 No. 519; CR 05-082: r. and recr. (7) (b) 3., am. (7) (c) 1. Register February 2006 No. 602, eff. 3-1-06; CR 06-103: am. (2) and (7) (c) 1., cr. (2g), (2r) and (12) Register July 2007 No. 619, eff. 8-1-07; corrections in (3) (a) 1., (c) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686; CR 12-046: am. (7) (b) 3. a. Register December 2013 No. 696, eff. 1-1-14.

Wis. Admin. Code § Trans 200.07 Disabled parking signs {#sec-trans-200.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 200.07}

(1) Purpose. The purpose of this section is to define and illustrate the design, size and installation requirements of the official traffic signs required under s. 346.503 (1m), Stats., related to reserved parking spaces for individuals with disabilities.

(2) Sign description.

(a) The sign shall consist of a white rectangle with longer dimension vertical, having green message, a green arrow, if required under this section, and a blue and white international symbol for the barrier-free environments. The sign may be reflective or non-reflective.

(b) The sign shall include the words “reserved parking” and the words “vehicles with VET or DIS plates or state disabled card”or other words with a similar meaning.

(c) The size of the sign shall be not less than 12 inches by 18 inches. When used on a highway with a speed limit of more than 35 miles per hour, it shall be not less than 18 inches by 24 inches.

(d) A right arrow, left arrow or the words “This Stall” or similar wording shall be included near the bottom of the sign.

(3) Sign placement. Each sign shall be erected on an adequate support. On highways, the vertical distance from roadway to the bottom of a sign shall be not less than 7 feet, except when overhead obstructions necessitate a lower height. In off-highway parking lots, the vertical distance from the parking lot surface, or top of curb if any, to the bottom of a sign shall be not less than 4 feet. A single sign with the message “This Space” or similar wording shall be used to designate a single reserved space. At least 2 signs are required for multiple reserved spaces. When 2 signs are used they shall be located at the outermost limits of the spaces reserved and, by arrow, designate the location of the reserved spaces.

(a) A sign shall be located at the end of an angled or right-angled space and shall be set to face a motorist entering the space.

(b) When the reserved space is parallel to the edge of a roadway, a sign shall be set at an angle of approximately 30° with the line of traffic.

(4) Signs which are in place prior to May 1, 1983 may remain in place and have the same effect as the signs described herein for 5 years after May 1, 1983 provided that they include the international symbol for barrier-free environments and the wording required under sub. (2) (b) either as part of the original sign or on a supplementary plaque or plaques. The requirements under sub. (3) do not apply to these signs.

History

Cr. Register, April, 1983, No. 328, eff. 5-1-83; r. (5), Register, September, 1986, No. 369, eff. 10-1-86; correction made in (4) under s. 13.93 (2m) (b) 14., Stats., Register, July, 1992, No. 439; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 22-048: am. (title), (1) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 200.08 Tourist-oriented directional signs {#sec-trans-200.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 200.08}

(1) Signs permitted. The department and local authorities that have adopted an enabling ordinance may authorize the erection and maintenance of tourist-oriented directional signs within highways under their jurisdiction subject to the provisions of s. 86.196, Stats., and the following restrictions:

(a) No tourist-oriented directional sign may be erected or maintained by an applicant.

(b) No tourist-oriented directional sign may be erected or maintained for any business that has a guidance sign erected on a right-of-way under s. Trans 200.03 on the same road, in the same direction, unless the guidance sign is removed before the tourist-oriented directional sign is erected.

(c) No tourist-oriented directional sign may be installed or maintained directing to a tourist-oriented business, service or activity that is located within an urban area as defined by s. 86.196 (1) (c), Stats.

(d) No tourist-oriented directional sign may be erected or maintained that fails to conform with s. 86.19, 86.191, 86.196 or 346.41, Stats., or rules implementing or interpreting these statutes, as determined by the department.

(e) No tourist-oriented directional sign may be erected or maintained if the applicant has an outdoor advertising sign for the same business, service or activity in violation of s. 84.30, Stats., or ch. Trans 201.

(f) Any person permitted to have a tourist-oriented directional sign shall provide for the installation and maintenance of any supplemental signing deemed necessary by the department to guide traffic to the tourist-oriented business, service or activity.

(g)

No tourist-oriented directional sign may be erected on a conventional state trunk highway directing to a tourist-oriented business, service or activity that is located on a freeway, expressway or any other conventional state trunk highway. Local authorities may adopt similar restrictions with reference to highways under their jurisdiction.
No tourist-oriented directional sign may be erected on an expressway directing to a tourist-oriented business, service or activity that is located on a freeway or any other expressway.

(h) No intersection tourist-oriented directional assembly may be erected or maintained at a location such that there exists another intersection between the assembly and the intersection at which the assembly applies. The department may authorize advance tourist-oriented directional assemblies in accordance with sub. (6) (d) and (e) at locations where 2 intersections are so closely spaced that it is not practical to install intersection tourist-oriented directional assemblies between the 2 intersections.

(i) The location of an existing official traffic control device, or the need for a new device, shall take precedence over the location of a tourist-oriented directional sign, either existing or proposed.

(j) The department reserves the right to require the relocation or removal of tourist-oriented directional signs, if necessary, for the safety of the traveling public, to install official traffic signs at or in the vicinity of existing tourist-oriented directional signs.

(k) When there are more tourist-oriented directional signs requested than the number that may be permitted, priority shall be given in the following order:

The businesses, services or activities with existing permitted tourist-oriented directional signs.
Businesses, services or activities with the earliest received application. Applications received on the same day will be considered received simultaneously.
The business, service or activity that is nearest the highway on which the tourist-oriented directional sign is located.

(L) Any tourist-oriented directional sign for a business, service or activity operated on a seasonal basis shall be removed during off-seasons. The permittee shall notify the department or its contractor not less than 15 calendar days before the closing and reopening date.

(m) No tourist-oriented directional sign may be erected or maintained:

That does not meet department specifications.
That has an objectionable appearance as determined by the department due to accident, vandalism, fading, deterioration or other causes.
That fails to conform with Wisconsin or federal statutes or rules.
In violation of an order of the department or any court of competent jurisdiction.
For any business service or activity that fails to conform with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, sexual orientation or national origin.
If the business, service or activity does not meet pertinent health and other administrative regulations including, but not limited to, licensure by an appropriate agency.
Until an investigation by the department determines that no conflict resulting in unsafe driving conditions will exist with other official traffic control devices.
Which displays the hours of operation or dates of operation, if seasonal, of the business, service or activity.
To direct to a business, service or activity that is located on the same highway on which tourist-oriented directional signs are requested.

(n) Tourist-oriented directional sign removal shall not be stayed by filing any appeal of the department’s decision or order to remove a tourist-oriented directional sign. A reviewing court may order a stay upon such terms as it deems proper pursuant to s. 227.54, Stats.

(o) Tourist-oriented directional sign removal shall not affect a sign requestor’s liability for any unpaid fees, interest and costs of collection as determined by the department.

(2) Businesses, services, activities permitted. In order to qualify for a tourist-oriented directional sign, the business, service or activity:

(a) Shall be conducted in an appropriate area or in a building appropriately designed for the purpose and shall be open to the public;

(b) May not be conducted in a building principally used as a residence unless there is a convenient, separate and well-marked entrance leading to the business, service or activity;

(c) Shall be maintained in a manner consistent with standards generally accepted for that type of business, service or activity;

(d) Shall be of significant interest to the traveling public to the extent that 50% or more of its annual visitors or its annual gross income is derived from customers residing outside the immediate area in which the business, service or activity is located; and

(e) Shall qualify under one of the following categories:

Gas. Services provided shall conform with provisions of s. 86.195 (3) (a), Stats.
Food. Services provided shall conform with provisions of s. 86.195 (3) (b), Stats.
Lodging. Services provided shall conform with provisions of s. 86.195 (3) (c), Stats.
Camping. Services provided shall conform with provisions of s. 86.195 (3) (d), Stats.
Tourist attraction. A tourist attraction shall:

a. Be of significant interest to the traveling public;

b. Be open a minimum of 8 hours per day, and 5 days per week, if the highway on which the tourist-oriented directional sign is located is a state trunk highway;

c. Be in operation the greater part of 3 consecutive months, if the highway on which the tourist-oriented directional sign is located is a state trunk highway; and

d. Be licensed or approved if required.

(3) Advisory council. The department may appoint an advisory council under ss. 15.04 (1) (c) and 15.09, Stats., to review applications for tourist-oriented directional signs on the state trunk highway system in the tourist attraction category and for “ATTRACTION” category signs under s. Trans 200.06. This 7 member council shall include representatives from the tourism industry, department of tourism, department of safety and professional services, and other organizations as determined by the department and shall make recommendations to the department to approve or deny applications. The department shall make the final decision on applications. The department shall furnish to the advisory council minimum criteria and requirements for the uniform evaluation and assessment of applications. The department, in collaboration with the advisory council, may make revisions to the application evaluation criteria if at any time it is apparent that the criteria or implementation process are inequitable to the applicants or that the signing itself creates operational or safety concerns. The advisory council shall meet as needed to consider and make recommendations on applications received by the department. The department may act on any application not acted upon by the advisory council within 60 days of forwarding of the application to the council. Members of the advisory council will not be compensated for their services or reimbursed for their expenses, except the department may reimburse private citizen members in hardship cases for actual and necessary expenses incurred in the performance of their duties.

(4) Application, permit and renewal procedure.

(a) The department shall provide forms for tourist-oriented directional sign applications at its region offices. Completed applications shall be submitted to the region office for the region where the tourist-oriented directional sign is to be located. Each applicant shall provide all information required on the department’s application form. If the application for the tourist-oriented directional sign is denied, the application fee shall be returned.

(b) Each applicant shall give written assurance on its application to the department that the applicant’s business, service or activity conforms with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, sexual orientation or national origin.

(c) Each applicant shall indicate on its application whether its business, service or activity is seasonal and the closing and opening dates of the business if seasonal. The applicant shall give assurance to the department that it will provide prior notification of at least 15 calendar days to the region office of the region in which the tourist-oriented directional sign is located of any change in seasonal dates.

(d) Each applicant shall state on its application that it shall furnish the department, upon granting of the permit, the legend and directional information meeting the department’s specifications for tourist-oriented directional signs.

(e) If a tourist-oriented directional sign application is approved, the application fee of $20.00 per year for each year of the initial 5-year period of the tourist-oriented directional sign program shall be retained by the department for administrative costs and routine inspection. Renewal of the permit shall be subject to review and approval or denial by the department and the department shall re-evaluate the fee during the 5-year period and shall establish a new fee to cover costs in order to comply with s. 86.196 (2) (c), Stats.

(f) The business, service or activity for which a tourist-oriented directional sign is requested shall be the applicant’s and the permit shall be issued to the applicant.

(g) In lieu of the application and permit renewal procedure under pars. (a) to (f), the department may enter into a contract or contracts with a private contractor or contractors that specify substantially similar application and permit renewal procedures.

(h) Notwithstanding any prior grant or renewal of a tourist-oriented directional sign permit, the renewal of the permit shall not be granted, or the permit previously granted shall be revoked for any one of the following reasons:

If the qualified business, service or activity fails to provide the services required to qualify for a tourist-oriented directional sign so as to justify a finding that the business, service or activity is not in substantial compliance with this section;
If the qualified business, service or activity fails during its normal business season to open for business for more than 7 consecutive days, or for more than 10 days cumulatively, during any one-month period, unless the department finds that such closure was beyond the control of the owner or responsible operator or that the closure was justified by extenuating circumstances.

(i) If, due to fire, accident or similar cause, a qualified business, service or activity becomes inoperable for an extended period of time, exceeding 7 days, but not more than 90 days, its tourist-oriented directional sign shall be temporarily removed but shall not lose its priority. Under these circumstances, it shall be unnecessary to reapply prior to the normal time for a permit renewal. Further extensions may be granted if good cause is shown. However, failure of the owner or responsible operator to proceed with necessary repairs as rapidly as possible shall cause loss of the right to continued placement of the tourist-oriented directional sign and will require a new permit application.

(j) All tourist-oriented directional sign permits may be canceled by the department on 30 days written notice; except that when good cause is shown, a permit may be canceled with 10 days written notice.

(5) Fees.

(a) The applicant requesting the erection of a tourist-oriented directional sign shall pay to the department an application fee of $100.00, representing $20.00 each year, to cover a 5-year period, for administrative costs and the cost of routine tourist-oriented directional sign inspection. The 5-year period begins on the date the sign is erected. A separate application and $100.00 fee is required for each tourist-oriented directional sign and for each advance tourist-oriented directional sign requested. The department shall re-evaluate the fee during the initial 5-year period of the tourist-oriented directional sign program and shall establish a new fee to cover costs in order to comply with s. 86.196 (2) (c), Stats. The applicant granted a permit shall pay the department a fee established by the department for each tourist-oriented directional sign and for each advance tourist-oriented directional sign, if any, before the anniversary date of the erection of the tourist-oriented directional sign for each 5-year period following the erection of the sign. If the department does not receive payment of the fee by the 5-year anniversary date, the department may decline to renew the permit and the tourist-oriented directional sign may be removed.

(b) Applicants shall be responsible for the full cost of fabricating and supplying tourist-oriented directional signs to the department, in accordance with specifications established by the department. If the tourist-oriented directional sign program is privately contracted, signs may be furnished by the contractor.

(c) After application approval, the department or its contractor shall install tourist-oriented directional signs supplied by the applicant or the contractor and an appropriate installation fee will be charged the applicant.

(d) Any tourist-oriented directional sign determined by the department to be ineffective due to accident, vandalism or wear shall be replaced at the expense of the applicant in accordance with pars. (b) and (c). The applicant shall contact the department’s region office to obtain current tourist-oriented directional sign specifications prior to the fabrication of any replacement tourist-oriented directional sign.

(e) The department or its contractor shall be responsible for any necessary adjustments in tourist-oriented directional assemblies and tourist-oriented directional signs for special circumstances as described in sub. (8) (f).

(6) Contracts.

(a) The department shall prepare plans and specifications for the manufacture, installation and maintenance of tourist-oriented directional signs and tourist-oriented directional assemblies. The department’s specifications shall require all tourist-oriented directional assembly supports to be of breakaway design. The department may manufacture and install tourist-oriented directional assemblies and tourist-oriented directional signs by installation contract or by maintenance contract. Contracts may be of any regional, district or local scope deemed reasonable and cost-effective by the department. All installation and maintenance work shall be done under contracts or procedures administered by the department. No installation, maintenance or other work may be done by any applicant, except for removal and replacement due to seasonal closures. The applicant shall furnish the department or its contractor the appropriate legend and directional information meeting the department’s specifications for tourist-oriented directional signs. All materials furnished as a tourist-oriented directional sign by an applicant or by the department’s contractor shall become and remain the property of the department once installed within any public highway, or as otherwise specified in the department’s contract with its contractor. Failure by the applicant to deliver the tourist-oriented directional sign within the specified period, to provide for the installation of necessary supplemental signs, or to conform the sign to the department’s specifications may result in the forfeiture of all fees and costs, and another business, service or activity may be given the opportunity to qualify to provide the signs for the vacated space.

(b) Sign maintenance contracts shall include provisions for installation of additional tourist-oriented directional signs on existing tourist-oriented directional assemblies; replacement of damaged, defective or obsolete signs; removal of signs; and costs for these items.

(c) Maintenance contracts may contain provisions for a negotiated price for unanticipated installation of tourist-oriented directional signs, including supports.

(d) In lieu of or in addition to the contracting procedures in pars. (a) to (c), the department may enter into a contract that specifies alternative manufacture, installation, maintenance, marketing and implementation methods with a private contractor.

(e) Applicant or contractor shall be responsible for removing and replacing signs for seasonal services. This activity shall be in accordance with department standards and applicant or contractor performing the activity shall hold harmless the department in case of any accident or injury due to this operation.

(7) Signing criteria.

(a) Distance to tourist-oriented business, service or activity. A tourist-oriented business, service or activity may not be located in excess of the 5-mile distance specified in s. 86.196 (5), Stats., from the highway intersection at which tourist-oriented directional signs are to be located to qualify for a tourist-oriented directional sign, unless the distance limit is increased by a statutory enactment of the Wisconsin Legislature that is consistent with federal law. Distance to a business, service or activity will be measured from the near edge of the main travelled way to the center line extended of the closest business driveway of the business, service or activity.

(b) Lateral location. The location for tourist-oriented directional signs shall be determined by the department to preserve highway safety, to take advantage of natural terrain, to have the least impact on the scenic environment, to minimize conflict with scenic easements and to avoid visual conflict with other signs within the highway or with signs authorized or permitted under s. 84.30, Stats. The signs shall be installed in accordance with the applicable provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e), Stats.

(c) Location of tourist-oriented directional assemblies. Tourist-oriented directional assemblies located at intersections shall be at least 200 feet from the intersection. If 2 tourist-oriented directional assemblies are required for one direction leading to an intersection, the tourist-oriented directional assembly for right turns shall be at least 200 feet from the intersection and the tourist-oriented directional assembly for left turns shall be at least 300 feet away from the right-turn assembly, moving away from the intersection.

(d) Advance tourist-oriented directional assemblies. Advance tourist-oriented directional assemblies may be permitted only in those situations where the department determines that sight distance or other geometric conditions, intersection vehicle maneuvers or other vehicle operating characteristics require advance notification of the service to reduce vehicle conflicts or improve highway safety on the approach to and at the intersection where turning movements would occur.

(e) Order of advance tourist-oriented directional assemblies. The order of advance tourist-oriented directional assemblies shall be identical to the order of tourist-oriented directional signs found at intersections. However, advance tourist-oriented directional signs shall omit directional arrows and distances. The legend NEXT RIGHT or NEXT LEFT, whichever is appropriate, in letters of the same height as the sign legends, will be placed on the tourist-oriented directional assemblies above the tourist-oriented directional signs. The department or its contractor shall be responsible for the fabrication, installation and maintenance of NEXT RIGHT and NEXT LEFT panels.

(f) Location of advance tourist-oriented directional assemblies. When used, advance tourist-oriented directional assemblies shall be located approximately 1/2 mile from the intersection. The distance between adjacent advance tourist-oriented directional assemblies shall be at least 800 feet.

(g) Precedence of advance or intersection tourist-oriented directional assemblies. An advance tourist-oriented directional assembly replaces and is not in addition to the intersection tourist-oriented directional assembly which would otherwise be installed at the intersection.

(h) Relationship to rail crossings. All tourist-oriented directional assemblies shall be located at least 750 feet from railroad crossings on the highway on which tourist-oriented directional signs are to be located.

(i) Traffic control device precedence. The location of other traffic control devices shall take precedence over the location of tourist-oriented directional signs. Tourist-oriented directional assemblies shall be located at least 300 feet from other traffic control devices.

(j) Supplemental signing. Where the department requires, an applicant shall provide adequate supplemental signs on local roads and streets to guide motorists to the business, service or activity. Any required supplemental signs shall be in place before the tourist-oriented directional sign may be erected on a state trunk highway. Supplemental signs may be necessary where the business, service or activity is not located on a crossroad of the highway upon which the tourist-oriented directional sign is placed. Where supplemental signing is required by the department, it shall be the responsibility of the applicant to make arrangements with the appropriate local authority, and make the necessary payments to the local authority for the erection and maintenance of such signs.

(8) Sign design and composition.

(a) Tourist-oriented directional signs may be designed in any manner that complies with the applicable provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e), Stats. Briefly, the Wisconsin manual provides in part that tourist-oriented directional signs shall be rectangular in shape and shall have a white legend and border on a blue background. Each tourist-oriented directional sign shall have not more than 2 lines of legend including a separate directional arrow and the distance to the facility shown beneath the arrow except advance tourist-oriented directional signs as described in sub. (7) (e). The content of the legend shall be limited to the identification of the business, service or activity, and the directional information. Legends shall not include promotional advertising.

(b) The department shall develop specifications for tourist-oriented directional assembly supports, sign base material and sign message and background reflective sheeting consistent with specifications as established for department signing. If the department adopts revised specifications at any time, existing tourist-oriented directional signs may remain until replacement is necessary. The new specifications shall be applicable for replacement tourist-oriented directional signs.

(c) The style and size of lettering and the arrangement and size of signs may be of any type that complies with the applicable provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e), Stats. Briefly, the Wisconsin manual provides in part that individual tourist-oriented directional signs for intersection tourist-oriented directional assemblies shall not exceed 72″ width and the tourist-oriented directional sign for advance tourist-oriented directional assemblies shall not exceed 60″ width and the standard size and style of legend.

(d) A maximum of 4 tourist-oriented directional signs may be displayed on any one tourist-oriented directional assembly. A maximum of 2 tourist-oriented directional assemblies shall be allowed on each approach to an intersection or, when the department deems it necessary, a maximum of 2 advance tourist-oriented directional assemblies may be permitted.

(e) When there are 4 or fewer tourist-oriented directional signs to be placed on any one approach to an intersection, they shall be placed on one tourist-oriented directional assembly. When only one intersection tourist-oriented directional assembly is to be placed, those tourist-oriented directional signs for businesses, services or activities to the left shall be arranged vertically above those tourist-oriented directional signs requiring a turn to the right. Advance tourist-oriented directional signs require separate tourist-oriented directional assemblies for businesses, services or activities requiring turns to the right and to the left.

(f) When there are more than 4 tourist-oriented directional signs to be placed at an intersection, 2 tourist-oriented directional assemblies shall be used, one assembly for those businesses, services or activities requiring turns to the right, and one assembly for those requiring turns to the left. The tourist-oriented directional assembly for left turns shall be placed further from the intersection than the tourist-oriented directional assembly for right turns. In special circumstances as determined by the department, such as at a T-intersection or at a crossroad intersection when the number of potentially eligible businesses, services or activities in a particular direction is limited, the 2 tourist-oriented directional assemblies may contain up to a total of 8 tourist-oriented directional signs for businesses, services or activities located either to the right or left.

(9) Sign removal and replacement.

(a) The department may revoke or suspend an approved tourist-oriented directional sign permit and remove any related tourist-oriented directional signs at any time for good cause including, but not limited to, any of the following reasons:

Failure to comply with any of the restrictions under sub. (1);
Failure to comply with any of the service standards under sub. (2);
Failure to comply with any application or permit renewal requirement under sub. (4);
Failure to receive timely payment of any fee required by the department under sub. (5);
Failure to comply with any signing criteria under sub. (7);
Failure to comply with the design and composition requirements under sub. (8);
Failure to comply with an emergency rule promulgated by the department to comply with more restrictive federal standards under sub. (9); or
Failure to comply with any condition of any tourist-oriented directional sign permit.

(b) The department may also remove a tourist-oriented directional sign to facilitate construction, maintenance or utility work within the limits of the public highway, including sign erection or maintenance, when approved by the department. The department shall restore the tourist-oriented directional sign upon completion of the work, if practicable.

(c) Removal of a tourist-oriented directional sign by the department shall not be stayed by the filing of any contested case, by any appeal of the department’s decision or order to remove the tourist-oriented directional sign, or while the final decision is pending in any contested case or appeal. A reviewing court may order a stay upon such terms as it deems proper pursuant to s. 227.54, Stats.

(d) Removal of a tourist-oriented directional sign by the department as a result of the department’s denial of a permit renewal shall not be stayed pending the final decision in any contested case or by appeal of the department’s denial of the permit renewal. A reviewing court may order a stay upon such terms as it deems proper pursuant to s. 227.54, Stats.

(e) The department may remove a tourist-oriented directional sign at any time for any reason stated in this subsection whether the reason for removal occurs before or after issuance of the permit by the department, renewal or denial of the permit or erection of the sign.

(f) The department may remove a tourist-oriented directional sign at any time for any reason stated in this subsection whether the reason for removal results from action or inaction of the department, an applicant, permittee, the department’s contractor or any other person or any other event or occurrence. The department shall provide for restoration of the sign or refund if the removal results from error of the department or the department’s contractor in locating the tourist-oriented directional sign.

(g) In cases where the department removes a tourist-oriented directional sign before the permit period has expired, except where good cause is shown under par. (a), the appropriate permit fee for any time remaining on the permit shall be refunded. No refund shall be provided for any temporary removal.

(h) The department shall remove any sign which imitates or purports to be a tourist-oriented directional sign and which is determined by the department to be installed without a valid tourist-oriented directional sign permit.

(10) Compliance with federal law. To the extent changes to the tourist-oriented directional sign provisions of this section are required in order to conform with more restrictive federal standards for specific information signs pursuant to s. 86.195 (10), Stats., the department shall promulgate an emergency administrative rule under s. 227.24, Stats., that supersedes this chapter whenever federal standards become more restrictive than this chapter.

History

Cr. Register, July, 1992, No. 439, eff. 8-1-92; correction in (1) (h) made under s. 13.93 (2m) (b) 7., Stats., Register March 1999 No. 519; CR 06-103: am. (2) (e) 5. b., c., (3) and (7) (a) Register July 2007 No. 619, eff. 8-1-07; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; corrections in (4) (a), (c), (5) (d) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Chapter Trans 200 Appendix A WISCONSIN SPECIFIC INFORMATION SIGN HIGHWAYS

Wis. Admin. Code § Chapter Trans 200 WISCONSIN SPECIFIC INFORMATION SIGN HIGHWAYS {#sec-chapter-trans-200 omnilex-key=us-wi-regs-official--agency-trans--Chapter Trans 200}

See PDF for diagram

Note: See http://www.dot.wisconsin.gov/business/rules/property-signs-directional.htm

Chapter Trans 200 Appendix B SPECIFIC INFORMATION SIGN STRUCTURES

Wis. Admin. Code § Chapter Trans 200 SPECIFIC INFORMATION SIGN STRUCTURES {#sec-chapter-trans-200 omnilex-key=us-wi-regs-official--agency-trans--Chapter Trans 200}

See PDF for diagram

This figure shows eight examples of specific service signs. They are rectangular blue signs with white borders and lettering.

An asterisk is to the left of the note “See Section 2F.07 for option of putting exit number on a separate plaque instead of on the sign.”

The first illustration is labeled “SINGLE-EXIT INTERCHANGE (ONE SERVICE).” It is shown as a horizontal rectangular sign with the words “GAS - EXIT 44” above six blank horizontal rectangular panels arranged in two horizontal rows of three panels each. An asterisk is shown to the right of this sign.

The second illustration is labeled “SINGLE-EXIT INTERCHANGE (TWO SERVICES).” It is shown as a horizontal rectangular sign divided horizontally by a white line. On the top half, the words “GAS - EXIT 211” are shown above three blank horizontal rectangular panels in one horizontal row. On the bottom half, the words “LODGING - EXIT 211” are shown above three blank horizontal rectangular panels in one horizontal row. An asterisk is shown to the right of this sign. To the right of this sign, the word “OR” is shown and another sign. This is shown as a vertical rectangular sign divided vertically by a white line. On the left half, the word “GAS” is shown above three blank horizontal rectangular panels in one vertical row. On the right half, the word “LODGING” is shown above three blank horizontal rectangular panels in one vertical row. Below both vertical panels, a horizontal rectangular panel is shown the width of the sign with the words “EXIT 211.” An asterisk is shown to the right of this sign.

The third illustration is labeled “LOGO PANEL” and is shown as a horizontal rectangular panel with the words “MARTIN’S HOTEL” on two lines.

The fourth illustration shows two horizontal rectangular signs, both labeled “INTERSECTION.” The sign on the left shows the words “GAS - NEXT RIGHT” above four blank horizontal rectangular panels arranged in two rows of two panels each. The sign on the right shows the word “GAS” above two blank horizontal rectangular panels in one vertical row to the left of the word “FOOD” above two blank horizontal rectangular panels in one vertical row. The words “NEXT RIGHT” are shown centered at the bottom of the sign under the panels. To the right of these two signs, a note states “Directional arrows and distance may be used when appropriate.”

The fifth illustration is labeled “DOUBLE-EXIT INTERCHANGE.” It is shown as a vertical rectangular sign divided horizontally by a white line. On the top half, the words “GAS - EXIT 211 A” are shown above four blank horizontal rectangular panels in two horizontal rows of two panels each. On the bottom half, the words “GAS - EXIT 211 B” are shown above two blank horizontal rectangular panels arranged in one horizontal row. To the right of this sign, the word “OR” is shown and another sign. This is shown as a horizontal rectangular sign divided horizontally by a white line. On the top half, the words “GAS - EXIT 211 A” are shown above three blank horizontal rectangular panels in one horizontal row. On the bottom half, the words “GAS - EXIT 211 B” are shown above three blank horizontal rectangular panels in one horizontal row.

The sixth illustration is labeled “RAMP.” It is shown as a horizontal rectangular sign divided horizontally by a white line. Above the line, the word “GAS” is shown. Below the line, two horizontal rows of blank panels are shown. In the top row of panels, a short left-pointing arrow is shown to the left of three blank horizontal rectangular panels. Under the second and third panels, the words “1/2 MI” and “1 1/2 MI” respectively are shown. In the bottom row of panels, three blank horizontal rectangular panels are shown to the left of a short right-pointing arrow. Under the second and third panels, the words “1 MI” and “2 1/2 MI” respectively are shown.

Specific Information Signs (SIS)

Specific information Signs (SIS) provide motorists with directional information for motorist services. In Wisconsin, only certain routes (interstates, and most freeways and expressways) have been designated as SIS highways.

Qualifying motorist services.

Specific information signs may only include business signs for the following categories of motorist services: “gas, food, lodging, camping, and attractions.” Wisconsin law was recently changed authorizing the “attractions,” category. The rules and eligibility requirements to implement that change are under development. Applications for participation in the attractions category are not being accepted at this time. After the eligibility criteria and rules are completed, expected to occur late Spring or early Summer 2007, there will be a publicly announced application period for attractions.

To qualify for display of gas, food, lodging, or camping on a specific information sign or to find out more information, go to the following website:

https://wisconsindot.gov/Pages/doing-bus/real-estate/outdoor-adv/directional-info-sis.aspx.

Chapter Trans 200 Appendix C APPENDIX C

Wis. Admin. Code § Chapter Trans 200 APPENDIX C {#sec-chapter-trans-200 omnilex-key=us-wi-regs-official--agency-trans--Chapter Trans 200}

See PDF for diagram

This figure shows three examples of tourist-oriented directional signs. They are horizontal rectangular blue guide signs with white borders and white lettering.

The first illustration is labeled “Intersection Approach Sign.” The top panel is labeled “optional message.” It displays the words “TOURIST ACTIVITIES” in a single line. It is shown as a dimension of 1800 mm (72 in) wide by 300 mm (12 in) high. Below it are two panels next to each other. The one on the left shows a left-pointing horizontal arrow above the numeral “2.” This panel is shown as a dimension of 300 mm (12 in) wide by 400 mm (16 in) high. The panel on the right displays the words “STEWARD’S” and “JET BOATS” on two lines and is shown as a dimension of 400 mm (16 in) high. The lettering on the right panel is shown as a dimension of 150 mm (6 in) high. The combined width of these two panels together is shown as a dimension of 1800 mm (72 in). The white borders on these panels are shown as a dimension of 19 mm (3/4 in) wide. The illustration shows, using dashed lines, locations for three additional panels mounted below the first two. The dimension from the top of the panel with the words “STEWARD’S JET BOATS” to the bottom of the bottom panel is shown as “MAX. height = 1800 mm (72 in), with 4 panels.”

The second illustration is labeled “Advance Sign.” The top panel displays the words “NEXT LEFT” on one line. It is shown as a dimension of 1500 mm (60 in) wide by 300 mm (12 in) high. The letters are shown as a dimension of 150 mm (6 in) high. The white borders on the panel are shown as a dimension of 19 mm (3/4 in) wide, and the radius of the border at the corner of the panel is shown as a dimension of 38 mm (1-1/2 in). Below it, a panel is shown displaying the words “STEWARD’S” and “JET BOATS” on two lines and is shown as a dimension of 1500 mm (60 in) wide by 400 mm (16 in) high. The lettering is shown as a dimension of 150 mm (6 in) high. The white borders on the panel are shown as a dimension of 19 mm (3/4 in) wide, and the radius of the border at the corner of the panel is shown as a dimension of 38 mm (1-1/2 in). The illustration shows, using dashed lines, locations for three additional panels mounted below the first two. The dimension from the top of the panel with the words “STEWARD’S JET BOATS” to the bottom of the bottom panel is shown as “MAX. height = 1800 mm (72 in), with 4 panels.”

The third illustration is labeled “Combined Sign” and is shown with five vertically stacked panels. The top panel is labeled “Optional message” and displays the words “TOURIST ACTIVITIES” on a single line. Below it, a panel is shown with a left-pointing horizontal arrow above the numeral “1,” a vertical white line, and the words “STEWARD’S” and “JET BOATS” on two lines. Below that panel, a panel is shown with a left-pointing horizontal arrow above the numeral “3,” a vertical white line, and the words “DICK & HARRY’S” and “TROUT FARM” on two lines. Below that panel, a panel is shown with the words “MYRTLEWOOD” and “GIFT SHOP” on two lines, and to the right of the words, a vertical white line is shown to the left of a right-pointing horizontal arrow above the numeral “1.” The bottom panel is shown with the words “GREENFOREST” and “ORCHARD” on two lines, and to the right of the words, a vertical white line is shown to the left of a right-pointing horizontal arrow above the numeral “3.”

A note at the bottom of the figure states: “Series of lettering depends upon length of legend. Maximum length of business name per line is 1600 mm (64 in). Reflectorized white legend on reflectorized blue background.”

Chapter Trans 200 Appendix D APPENDIX D

Wis. Admin. Code § Chapter Trans 200 APPENDIX D {#sec-chapter-trans-200 omnilex-key=us-wi-regs-official--agency-trans--Chapter Trans 200}

See PDF for diagram

This figure shows nine examples of general directional guide signs for conventional roads. The illustrations show horizontal rectangular or trapezoidal brown signs with white words, symbols, arrows, and borders.

The first illustration shows a horizontal rectangular sign with the words “BLUE SPRINGS” on the top line and, on the bottom line, three symbols showing a tent, gasoline pump, and trailer, each enclosed within a square white border, to the left of a right-pointing horizontal arrow.

The second illustration shows a horizontal rectangular sign assembly with a horizontal rectangular top panel with the words “BLUE SPRINGS” to the left of a right-pointing horizontal arrow mounted above a horizontal row of three separate square symbol signs showing a tent, gasoline pump, and trailer.

The third illustration shows a horizontal rectangular sign with the words “CEDAR CREEK” on the top line and, on the bottom line, a left-pointing horizontal arrow to the left of an anchor enclosed in a square border.

The fourth illustration shows a horizontal rectangular sign with the words “WINTER SPORTS” on the top line and, on the bottom line, a snowflake enclosed in a square border to the left of a right-pointing horizontal arrow

The fifth illustration shows a horizontal rectangular sign with the words “YELLOWSTONE” on the top line, “NATIONAL PARK” on the middle line, and “2 MILES” on the bottom line.

The sixth illustration shows a horizontal rectangular sign with the words “GREAT SMOKY MTS” on the top line and, on the bottom line, the words “NATIONAL PARK” to the left of a right-pointing horizontal arrow.

The seventh illustration shows a left-pointing trapezoid-shaped sign (with the left edge of the trapezoid running diagonally downward and to the left) with a left-pointing horizontal arrow and the word “YOSEMITE” on the top line, the word “NATIONAL” on the middle line, and the word “PARK” on the bottom line. This sign is noted as “Optional shape.”

The eighth illustration shows a right-pointing trapezoid-shaped sign (with the right edge of the trapezoid running diagonally downward and to the right) with the word “CARLSBAD” and a right-pointing horizontal arrow on the top line, the word “CAVERNS” on the middle line, and the words “10 MILES” on the bottom line. This sign is noted as “Optional shape.”

The ninth illustration shows a horizontal rectangular sign with the words “VA National” on the top line, “Cemetery” on the middle line, and “EXIT 245” on the bottom line.

Chapter Trans 201 CONTROL OF OUTDOOR ADVERTISING ALONG AND VISIBLE FROM HIGHWAYS ON THE INTERSTATE AND FEDERAL-AID PRIMARY SYSTEMS

Wis. Admin. Code § Trans 201.01 General {#sec-trans-201.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.01}

Pursuant to authority contained in ss. 84.106, 84.30 and 86.19, Stats., the department of transportation adopts the following rules to apply to signs along and visible from the controlled highways in Wisconsin. Section 84.30, Stats., and these rules apply to the interstate system, federal aid primary or national highway system, and the Great River Road established under 23 USC 148, which are referred to herein as “controlled highways.” These rules are so closely associated with the Wisconsin Statutes, and make such extensive reference to s. 84.30, Stats., that it is essential to refer to both these rules and the law in order to apply the controls. This chapter shall be interpreted consistently with the requirements of the 23 USC 131 federal regulations related to outdoor advertising control at 23 CFR Part 750, the agreements between the state of Wisconsin and the U.S. federal highway administration dated June 9, 1961 and March 28, 1972, and with regulations and policies of the U.S. department of transportation implementing a national scenic byways program under 23 USC 162.

Note: The 1961 Agreement involved application of the Federal Bonus Act (part of the Federal Aid Highway Act of 1958), P.L. 85-381; the 1972 Agreement involves application of the Federal Highway Beautification Act of 1965, P.L. 89-285.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. Register, October, 1976, No. 250, eff. 11-1-76; am. Register, May, 1977, No. 257, eff. 6-1-77; renum. from Hy 19.001 and am., Register, July, 1980, No. 295, eff. 8-1-80; am. Register, April, 2001, No. 544, eff. 5-1-01; CR 04-057: am. Register February 2005 No. 590, eff. 3-1-05.

Wis. Admin. Code § Trans 201.02 Definitions {#sec-trans-201.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.02}

The words and phrases defined in s. 84.30 (2), Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Back-to-back”, “side-by-side”,“bottom-on-top” and “V-shaped” signs means signs which are physically contiguous and which share a common structure, in whole or in part, or are located not more than 15 feet apart at their nearest point in cases of “back-to-back” or “V-shaped” signs.

(2) “Department” means the department of transportation.

(3) A sign shall be presumed to be designed, erected or intended to be read from the main-traveled way if an advertising message on the sign is readable from the main-traveled way by a person having normal visual acuity traveling at the speed limit.

(4) “Grandfathered sign” means a sign that lawfully existed in a business area on March 18, 1972, and that does not conform to the size, spacing or lighting restrictions of s. 84.30 (4), Stats.

(5) “Illegal sign” means a sign erected after March 18, 1972, without a permit, a sign that is erected or maintained in a manner that violates any requirement of a permit, this chapter, or s. 84.30, Stats., a non-conforming sign that has lost its nonconforming status, or a grandfathered sign that has lost its grandfathered status.

(6) “License” means a license to engage in the business of outdoor advertising.

(7) “Nonconforming sign” means any of the following:

(a) A sign that lawfully existed on March 18, 1972, outside of a business area.

(b) A sign that was lawfully erected after March 18, 1972, that subsequently did or does not conform to the requirements of s. 84.30, Stats., or this chapter.

(8) “Off-premises” or “off-property sign” means a sign that is not an on-premises sign.

(9) “On-premises” or “on-property sign” means a sign at a business location advertising a business that is conducted on the property and that is located in the immediate vicinity of the business. “Immediate vicinity” in this subsection means the sign is within the area bounded by the buildings, driveways and parking areas in which the activity is conducted or within 50 feet of that area. “Immediate vicinity” does not include any area across a street or road from the area where the business is conducted or any area developed for the purpose of erecting a sign.

(10) “Permit” means a permit issued by the department to erect or maintain a sign at a defined location under a specific paragraph of s. 84.30 (3), Stats.

(11) “Primary highway” means any highway, other than an interstate highway, at any time officially designated as a part of the federal-aid primary system or national highway system by the department and approved by the appropriate authority of the federal government.

Note: See 23 USC 131 (t). The DOT Bureau of Planning, P. O. Box 7913, Madison, WI 53717 maintains a list of highways that are primary highways as defined herein. Information regarding which highways are primary highways under this section may also be obtained from the sign permit coordinator in any DOT region office.

(12) “Visible” means the sign, or any part of the sign structure, can be seen from the main-traveled way of a highway by a person of normal visual acuity, regardless of whether the sign is designed, erected or intended to be read from the main-traveled way.

(13) “Zoned” includes the establishment of districts without restrictions on use.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.005 and am. (2), Register, July, 1980, No. 295, eff. 8-1-80; renum. (4) to be (13), cr. (intro.) and (4) to (12), Register, April, 2001, No. 544, eff. 5-1-01.

Wis. Admin. Code § Trans 201.03 Licensing {#sec-trans-201.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.03}

The licensing requirement under s. 84.30 (10), Stats., applies to persons who erect or maintain on-property signs as well as to persons who erect or maintain off-premises advertising signs. Persons who erect or maintain signs for the purpose of advertising their own business are not subject to the licensing requirement. The licensing requirement does not apply to persons who erect 2 or less signs during the calendar year. Any person who violates the licensing requirement shall be required to forfeit not less than $500 nor more than $1000. Violations shall be referred to the proper district attorney for prosecution.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.006 and am., Register, July, 1980, No. 295, eff. 8-1-80.

Wis. Admin. Code § Trans 201.035 Annual sign fees {#sec-trans-201.035 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.035}

(1) Sign identifier. The department shall assign a unique identifier to each off-property sign in the state of Wisconsin. The identifier shall be assigned to a sign upon any of the following occurrences:

(a) Approval of a permit to erect the sign.

(b) First payment of an annual fee for a sign erected before May 1, 2001.

(2) Database of sign owners. The department shall maintain a sign database to track the name and address of the owner of each sign, and such other information related to the sign as the department considers appropriate.

Note: The department shall use the address of record in this database for correspondence with a sign owner.

(3) Change of sign ownership. Any person who acquires a sign shall provide the department with a notice containing all of the following information for the sign:

(a) The unique identifier assigned to the sign by the department.

(b) The name, address and telephone number of the person from whom the sign was acquired and the name of the person acquiring the sign.

(c) The location of the sign, listing the name of the primary or interstate highway to which it is adjacent, the county and town in which the sign stands, the section number of the township in which the sign is located, the name, address and telephone number of the person owning the real property upon which the sign is located, and the distance of the sign from the centerline of the nearest crossroad or intersection.

(d) The size of the sign measured in accordance with s. 84.30 (4) (a) 2., Stats. If the sign shape is not rectangular, a drawing showing the dimensions of the various triangles, circles, rectangles, and squares encompassing the entire sign shall be provided.

(e) The height above ground level of the bottom edge of the sign face or any border or trim to the sign face.

(4) Annual fee notice. The department shall mail an annual fee notice to the owner of record with the department of every off-premises sign within the state of Wisconsin that is subject to the requirement of paying a fee under sub. (9). All annual fee notices shall be considered delivered upon mailing to the owner of record indicated in the department’s database of sign owners as of the first day of the month in which the notices are mailed. Annual fee notices may include a summary of information related to one or more signs and require owners to update or correct information at the time of paying any required fee. The department may require owners of signs not subject to the fee requirement of sub. (9) to update or correct information from a summary of information with respect to any sign.

(5) Due date. Payment of annual permit fees and responses to information requests are due 60 days from the date of mailing of notices by the department, or on such other date as indicated in the fee notice.

(6) Nonconforming signs. Nonconforming signs for which the annual fee is not paid within 60 days of the due date shall be removed as abandoned signs. Payment of an annual fee may not be considered in determining whether a sign is subject to removal under the federal highway beautification act, the regulations promulgated thereunder, or s. Trans 201.10.

Note: See s. 84.30 (10m), Stats.

(7) Permitted signs. The permit for a sign shall expire upon the due date for payment unless the annual fee for the sign has been paid. Signs with expired permits are subject to removal 60 days from the due date specified in the notice. The department shall notify a sign owner that a sign is subject to removal under this section in accordance with s. 84.30 (11), Stats. The department may not issue a permit within any minimum required spacing limitations under ss. 84.30 (4) (c), Stats., s. Trans 201.05 (2) (d) or 201.06, of a sign with an expired permit until and unless that sign is removed.

(8) Refunds. Permit fees are non-refundable and may not be prorated.

(9) Fee schedule. Permit fees shall be assessed as follows:

(a) Except as provided in par. (b), no annual fee may be assessed for any of the following:

On-premises signs.
Official signs and notices as defined in s. Trans 201.05 (1) (d).
Public utility signs as defined in s. Trans 201.05 (1) (e).
Public service signs as defined in s. Trans 201.05 (1) (g).
Political signs as defined in s. Trans 201.16 (1), if exempt from permit requirements under s. Trans 201.16 (2).
Real estate signs as defined in s. Trans 201.17 (1) if exempt from permit requirements under s. Trans 201.17 (3).
Farm signs as defined in s. Trans 201.18 (1) (b) if exempt from permit requirements under s. Trans 201.18 (2).
Agricultural test plot signs as defined in s. Trans 201.18 (1) (a) if exempt from permit requirements under s. Trans 201.18 (3).
Signs of 8 square feet or less in area.

Note: Service club and religious notices are limited to 8 square feet or less by s. Trans 201.05 (1) (f).

(b) Nonconforming, grandfathered and directional signs as defined in s. Trans 201.05 (1) (c), shall be assessed an annual fee of $50 per sign.

(10) Appeal of annual assessment fee.

(a) Any person may appeal the assessment of an annual fee under sub. (9) by mailing a notice of appeal to the address provided on the notice of fee assessment within 15 days of the date the assessment is mailed.

(b) A notice of appeal shall particularly state all of the following:

The error or mistake alleged by appellant in the fee calculation made by the department.
Whether appellant contends the sign is an on-premises sign, official sign or notice, religious notice, service club notice, public utility sign, public service sign, farm sign, agricultural test plot sign, real estate sign, directional sign, nonconforming sign, grandfathered sign or other category of sign.
The exact size of the sign, measured in accordance with sub. (3) (d).

(c) Payment in the amount of the annual fee assessed by the department shall be included with a notice of appeal. The department shall hold the payment in trust pending the outcome of the appeal.

(d) Upon receipt of a notice of appeal with the required fee, the department shall investigate the matter and, if appropriate, amend the annual fee assessment for the sign and return any balance due appellant from the fees deposited under par. (c) or impose any additional assessment required.

(e) Appeals of decisions issued under par. (d) may be made to the department of administration, division of hearings and appeals within 15 days of the date the decision is mailed to the appellant.

History

Cr. Register, April, 2001, No. 544, eff. 5-1-01.

Wis. Admin. Code § Trans 201.04 Clear vision areas {#sec-trans-201.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.04}

Requirements for the preservation of unobstructed driver vision are established by ss. 86.191 and 84.30 (4) (b), Stats., and by these rules. No sign shall exist or remain in nonconformance with those requirements.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from Hy 19.02 and am., Register, July, 1980, No. 295, eff. 8-1-80.

Wis. Admin. Code § Trans 201.05 Directional and official signs {#sec-trans-201.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.05}

The following standards apply to directional and official signs and notices which are visible from the main-traveled way of a controlled highway. These standards do not apply to directional and official signs erected on the highway right-of-way.

(1) Definitions.

(a) “Scenic area” means any area of particular scenic beauty or historical significance as determined by the federal, state, or local officials having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation, and enhancement of scenic beauty.

(b) “Parkland” means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

(c) “Directional and other official signs and notices” includes only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.

(d) “Official signs and notices” means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state, or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies may be considered official signs.

(e) “Public utility signs” means warning signs, informational signs, notices, or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.

(f) “Service club and religious notices” means signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs do not exceed 8 square feet in area.

(g) “Public service signs” means signs located on school bus stop shelters, which signs:

Identify the donor, sponsor, or contributor of said shelters;
Contain public service messages, which shall occupy not less than 50% of the area of the signs;
Contain no other message;
Are located on school bus shelters which are authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved; and
May not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.

(h) “Directional signs” means signs containing directional information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

(2) Criteria for directional and other official signs.

(a) Prohibited signs.

Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.
Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver’s view of approaching, merging, or intersecting traffic.
Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.
Obsolete signs.
Signs which are structurally unsafe or in disrepair.
Signs which move or have any animated or moving parts.
Signs located in rest areas, parklands or scenic areas.

(b) Size. No sign shall exceed the following limits:

Maximum area—150 square feet.
Maximum height—20 feet.
Maximum length—20 feet. All dimensions include border and trim, but exclude supports.

Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.
Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of a controlled highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver’s operation of a motor vehicle are prohibited.
No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.

(d) Spacing.

Each location of a directional sign must be approved by the department.
No directional sign may be located within 2,000 feet of an interchange or intersection at grade along the interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).
No directional sign may be located within 2,000 feet of a rest area, parkland, or scenic area.

a. No 2 directional signs facing the same direction of travel shall be spaced less than 1 mile apart;

b. Not more than 3 directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;

c. Signs located adjacent to the interstate system shall be within 75 air miles of the activity: and

d. Signs located adjacent to the primary system or Great River Road shall be within 50 air miles of the activity.

(e) Message content. The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs are prohibited.

(f) Selection methods and criteria.

Privately owned activities or attractions eligible for directional signing are limited to the following: natural phenomena; scenic attractions; historic, educational, cultural, scientific, and religious sites; and outdoor recreational areas.
To be eligible, privately owned attractions or activities must be nationally or regionally known, and of outstanding interest to the traveling public.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. intro. and (1) (g) 2., Register, October, 1976, No. 250, eff. 11-1-76; am. (intro.), (2) (c) 2. and (d) 4., Register, May, 1977, No. 257, eff. 6-1-77; renum. from Hy 19.03 and am. intro. and (2) (d) 1., Register, July, 1980, No. 295, eff. 8-1-80; correction in (2) (b) made under s. 13.93 (2m) (b) 1., Stats., Register, April, 2001, No. 544.

Wis. Admin. Code § Trans 201.06 Sign criteria {#sec-trans-201.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.06}

(1) Signs visible from the main-traveled way of a controlled highway shall conform to the requirements of s. 84.30 (4), Stats., and to these rules. On non-freeway federal-aid primary highways outside of cities and villages, no sign may be adjacent to or within 300 feet of an interchange, intersection at grade, safety rest area, or wayside. Said 300 feet shall be measured along the highway from the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way of the primary highway.

(2) In addition to the spacing criteria of s. 84.30 (4) (c), Stats., s. Trans 201.05 (2) (d), and sub. (1), a permit may not be issued for an otherwise eligible sign location if the erection of a sign at that location would obstruct motorists’ view of another lawfully erected sign.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from Hy 19.04 and am. Register, July, 1980, No. 295, eff. 8-1-80; cr. (2), Register, July, 1983, No. 331, eff. 8-1-83.

Wis. Admin. Code § Trans 201.07 Sign permit requirements {#sec-trans-201.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.07}

(1) Requests may be submitted to the department for permits to erect or maintain specific signs at defined locations in a manner to be visible from a travel lane of a controlled highway. A separate application shall be presented to describe each such sign proposed, shall be presented on forms furnished by the department, and shall include a $175 nonrefundable application fee and all information and exhibits which the application form requires. No permit fee may be required to amend or supplement a defective permit application for a particular location for which an application fee was paid, provided the amendment or supplemental materials are provided to the department within 60 days of denial of the permit application or a request for supplemental materials.

(2) A new sign permit shall automatically expire one year after issuance if the sign permitted has not been erected and the permit holder has not received an extension from the department. The department may for good cause grant one 6-month extension of a new sign permit.

(3) This section does not apply to any of the following:

(a) Official signs and notices as defined in s. Trans 201.05 (1) (d).

(b) Public utility signs as defined in s. Trans 201.05 (1) (e).

(d) Political signs as defined in s. Trans 201.16 (1), if exempt from permit requirements under s. Trans 201.16 (2).

(e) Real estate signs as defined in s. Trans 201.17 (1) if exempt from permit requirements under s. Trans 201.17 (3).

(f) Farm signs as defined in s. Trans 201.18 (1) (b) if exempt from permit requirements under s. Trans 201.18 (2).

(g) Agricultural test plot signs as defined in s. Trans 201.18 (1) (a) if exempt from permit requirements under s. Trans 201.18 (3).

(h) Service club and religious notice signs as defined in s. Trans 201.05 (1) (f).

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. Register, May, 1977, No. 257, eff. 6-1-77; renum. from Hy 19.07 and am., Register, July, 1980, No. 295, eff. 8-1-80; cr. (2), Register, July, 1983, No. 331, eff. 8-1-83; am. (1), cr. (3), Register, April, 2001, No. 544, eff. 5-1-01; correction in (3) (g) made under s. 13.93 (2m) (b) 7., Stats., Register February 2005 No. 590.

Wis. Admin. Code § Trans 201.075 Signs outside the adjacent area {#sec-trans-201.075 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.075}

(1) No person may maintain an off-premises sign that was erected after March 18, 1972, or erect an off-premises sign outside the adjacent area if a person with normal visual acuity traveling at the speed limit on that highway can do any of the following:

(a) Read any message on the sign.

(b) See and recognize any trademarks, logos, or other symbols associated with a business or business product or service displayed on the sign.

(2) No person may erect an off-premises sign outside the adjacent area for the purpose of being seen or read from the main traveled way of an interstate or primary highway or the Great River Road.

(3) A sign outside the adjacent area that is changed in a manner that creates a violation of sub. (1) is subject to removal.

(4) Notwithstanding sub. (1), any off-premises sign erected after March 18, 1972, and existing on May 1, 2001 may continue to exist and be maintained so long as the advertisement on the sign remains exactly the same. Any sign in this classification is subject to removal if the advertisement is changed and the sign does not comply with sub. (1).

(5) This section does not apply in urban areas.

Note: Signs are considered outside the adjacent area if they are more than 660 feet from the nearest edge of the right-of-way of the Great River Road, an interstate or a primary highway. s. 84.30 (2).

History

Cr. Register, April, 2001, No. 544, eff. 5-1-01.

Wis. Admin. Code § Trans 201.08 Changes in permitted signs {#sec-trans-201.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.08}

State permitted signs may be changed in size, lighting, shape, color scheme or copy subject to compliance with the following criteria:

(1) No change shall result in signing which violates s. 84.30, Stats., or these rules. Any sign which is found to be in non-compliance will be required to be altered to conform, or removed, at the expense of the owner thereof.

(2) Any proposal to change the location of any state permitted sign must be approved by the department in advance of the physical accomplishment of the change. To propose a change of this kind, the applicant shall submit a complete new permit application together with a request that the prior permit (identified by its number) be cancelled and superseded by the new application.

(3)

(a) The department may permit directional signs to be changed on a seasonal basis to identify alternate attractions or activities. If all of the attractions or activities are listed on the initial permit application, only a single permit fee shall be charged. If additional attractions or activities are listed on a later application, an additional permit fee shall be charged under s. Trans 201.07.

(b) Approval of the department is required in advance of any message change on a directional sign that involves a different attraction or activity than originally approved. Message change applications under this paragraph are subject to the permit fees set by s. Trans 201.07.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. (1), Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.08 and am., Register, July, 1980, No. 295, eff. 8-1-80; cr. (3), Register, July, 1983, No. 331, eff. 8-1-83; corrections in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544.

Wis. Admin. Code § Trans 201.09 Removal of illegal signs {#sec-trans-201.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.09}

Any sign erected after October 1, 1972, without a permit having been granted therefor, and any nonconforming sign which subsequently violates s. 84.30, Stats., or these rules, shall be subject to removal as an illegal sign. Upon removal of an illegal sign, the owner of the sign shall be given 30 days in which to salvage the sign upon payment of actual reasonable costs incurred in removing the sign. If not salvaged, the sign may be disposed of as the department deems appropriate.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; r. and recr. Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.09 and am., Register, July, 1980, No. 295, eff. 8-1-80.

Wis. Admin. Code § Trans 201.10 Removal of nonconforming signs {#sec-trans-201.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.10}

(1) Nonconforming signs, as defined by s. 84.30 (5), Stats., shall be eliminated in accordance with s. 84.30, Stats., and these rules. Compensation for removal of a nonconforming sign shall be paid in accordance with s. 84.30 (6) to (8), Stats., provided the sign has complied with the conditions in sub. (2).

(2) In order to lawfully maintain and continue a nonconforming sign, or a grandfathered sign under s. 84.30 (3) (d), Stats., the following conditions apply:

(a) The sign must have been actually in existence at the time the applicable state law became effective, except where a permit for the construction of a sign was granted by the state prior to the effective date of the state law and the sign owner acted in good faith and expended sums in reliance thereon. This exception shall not apply in instances where large numbers of permits were applied for and issued to a single sign owner, obviously in anticipation of the passage of a state control law.

(b) There must be existing property rights in the sign affected by the state law.

(c) The sign may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed. A nonconforming sign removed as a result of a right-of-way taking or for any other reason may be relocated to a conforming area but cannot be re-established at a new location as a nonconforming use.

(d) The sign must have been lawful on the effective date of the state law and must continue to be lawfully maintained.

(e) The sign must remain substantially the same as it was on the effective date of the state law, and may not be enlarged. Reasonable repair and maintenance of the sign, including a change of advertising message, is not a change which would terminate nonconforming rights. Customary maintenance ceases and a substantial change occurs if repairs or maintenance, excluding message changes, on a sign exceeds 50% of the replacement costs of the sign.

(f) The sign may continue as long as it is not destroyed, abandoned or discontinued. A sign shall be considered destroyed if it is damaged in excess of 50% of its replacement cost. Any sign destroyed by criminal or tortious acts may be replaced upon a showing by the sign owner that the sign was so destroyed and upon written approval from the region office. Applications for replacement signs shall be submitted to the region office. If the region office fails to send notice of its decision within 10 days after it receives an application, the sign owner may assume that replacement has been approved. As an alternative to replacement, the region office and sign owner may negotiate for the acquisition of the sign which was so destroyed. Approvals of replacements shall contain such terms and conditions as are necessary to ensure that the replacement sign is essentially the same as the sign destroyed. A sign is abandoned or discontinued if for a period of 12 months or longer it is composed of obsolete advertising matter or is without advertising matter or is in need of substantial repair, provided that any period of involuntary discontinuance which occurs during the period a highway is closed shall not be considered. A sign is abandoned if the name of the owner does not appear thereon and if the name and address of the current owner are not readily ascertainable from records on file with the department.

(3) Since the provisions of sub. (2) reflect the law of this state with respect to the treatment of nonconforming uses and the derivative policy of the department with respect to nonconforming signs, the adoption of sub. (2) shall not be construed to affect the applicability or validity of such state law or derivative policy prior to the adoption of sub. (2).

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; r and recr. Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.10 and am. (1), (2) (intro.) and (f), Register, July, 1980, No. 295, eff. 8-1-80; am. (2) (intro.), Register, April, 2001, No. 544, eff. 5-1-01; correction in (2) (f) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 201.11 Access to permitted signs {#sec-trans-201.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.11}

No person shall gain access to any permitted sign from the travel lane, interchange ramp, or right of way of any interstate highway or freeway on the federal-aid primary system.

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from Hy 19.11, Register, July, 1980, No. 295, eff. 8-1-80.

Wis. Admin. Code § Trans 201.12 Signs on federal-aid urban system exempted {#sec-trans-201.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.12}

Signs which are along and visible from highways which are on the specific system designated as the “federal-aid urban system” are exempted provided such signs are not also visible from a controlled highway not on the“federal-aid urban system.”

History

Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. Register, May, 1977, No. 257, eff. 6-1-77; renum. from Hy 19.12, Register, July, 1980, No. 295, eff. 8-1-80.

Wis. Admin. Code § Trans 201.14 Sign removal {#sec-trans-201.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.14}

(1) Definitions. In this section:

(a) “Nontourist-oriented directional advertising sign” means any sign which is not covered by the definition in par. (b) or (c).

(b) “Tourist-oriented directional advertising sign” means any sign giving directional information related to any of the following types of businesses or activities:

Places of public lodging.
Places where food is served to the public on a regular basis.
Places where automotive fuel or emergency automotive repair services are regularly available to the public.
Educational institutions.
Places of religious worship.
Public or private recreation areas, including campgrounds, wildlife and waterfowl refuges, and nature trails.
Plays, concerts and fairs.
Antique and gift shops.
Agricultural products in a natural state, including vegetables and fruit.

(2) Priorities.

(a) Nonconforming signs shall be removed or relocated in the order listed below:

First, signs advertising products of general availability in commercial channels.
Second, nontourist-oriented directional advertising signs.
Last, tourist-oriented directional advertising signs.

(b) The priority system shall be implemented on a region-by-region basis. The department shall coordinate the priority system program to accomplish an equitable statewide progression from one priority category to the next; provided that signs in par. (a) 3. may not be removed or relocated until all signs in par. (a) 1. and 2. are removed or relocated.

(3) Special cases. Notwithstanding the general provisions in sub. (2):

(a) The priority system applies only to nonconforming signs. Top priority shall continue to be given to the removal of illegal and abandoned signs.

(b) Signs may be acquired regardless of priority category in hardship and other cases where acquisition of the signs is voluntarily negotiated between the sign owner and the department.

(d) The priority system does not apply to signs removed in accordance with a scenic easement or preservation project.

(e) If the removal or relocation of a sign is delayed because of a pending lawsuit or contested case under ch. 227, Stats., that sign shall not be considered in determining whether the removal or relocation of signs in a priority category has been completed.

(f) The priority system does not apply to sign removals necessary to maintain the state’s eligibility for federal payments under the bonus program established by 23 USC 131 (j) and 23 CFR 750.101-750.110.

(4) Reports.

(a) The department shall make reports to the appropriate standing committees of the legislature at the completion of each priority category and before progressing from one priority category to the next, as provided in sub. (2) (b).

(b) The department shall make reports to the appropriate standing committees of the legislature on June 1 and November 1 of each year until all signs have been removed under s. 84.30, Stats.

(5) General provisions. The advertising message on signs may be changed so as to move a sign from one priority category to another; however, once an acquisition order for a sign project is approved by the department, signs covered by the order will be removed regardless of changes made in the advertising message after the acquisition order is approved.

History

Cr. Register, January, 1977, No. 253, eff. 2-1-77; renum. from Hy 19.25 and am. (1) (a) and (b) (intro.), (2) (a) 2. and 3., (2) (b), (3) (b) and (e), (4) and (5), Register, July, 1980, No. 295, eff. 8-1-80; cr. (3) (f), Register, August, 1980, No. 296, eff. 9-1-80; correction in (2) (b) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 201.15 Electronic signs {#sec-trans-201.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.15}

(1) Purpose. The purpose of this section is to set standards for the use of signs whose messages may be changed by electronic process in accordance with 23 USC 131 (c) (3) and (j), and ss. 84.30 (3) (c) and (4) (b), Stats.

(2) Definitions. In this section:

(a) “Activities conducted on the property on which the signs are located” has the meaning provided in s. Trans 201.19 (2).

(b) “Message” means anything displayed on a sign, including copy, art animations and graphics.

(c) “Multiple message sign” means an outdoor advertising sign, display or device whose messages are on triangular louvered facings and are changed by electronic rotation of the louvers.

(d) “Public service information” means a message on an electronic sign which provides the time, date, temperature, weather, or information concerning civic, charitable or other noncommercial activities.

(e) “Segmented message” means any message or distinct subunit of a message presented by means of at least one display change on a variable message sign.

(f) “Traveling message” means a message which appears to move across a variable message sign.

(g) “Variable message sign” means an outdoor advertising sign, display or device without moving parts whose message may be changed by electronic process through the use of moving or intermittent light or lights.

(3) Variable message signs. Signs authorized under s. 84.30 (3) (c) and (e), Stats., may consist in whole or in part of a variable message sign subject to all of the following restrictions:

(a) Signs erected under s. 84.30 (3) (c), Stats., may be used only to advertise activities conducted on the property on which the signs are located or to present public service information.

(b) Signs erected under s. 84.30 (3) (e), Stats., may be used only to present public service information.

(d) No message may be repeated at intervals of less than 2 seconds.

(e) No segmented message may last longer than 10 seconds.

(f) No traveling message may travel at a rate slower than 16 light columns per second or faster than 32 columns per second.

(g) No variable message sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. Signs found to be brighter than necessary for adequate visibility shall be adjusted by the person owning or controlling the sign in accordance with the instructions of the department.

(4) Multiple message signs. Signs authorized under s. 84.30 (3) (c) and (e), Stats., may consist in whole or in part of a multiple message sign subject to all of the following restrictions:

(a) The louver rotation time to change a message shall be one second or less.

(b) The time a message remains in a fixed position shall be 6 seconds or more.

(c) During an appeal under s. 84.30 (18), Stats., or any other litigation with the department concerning a multiple message sign, the person owning or controlling the sign shall place the louvers in a fixed position and may not rotate them until a final decision has been rendered.

Note: A multiple message sign as defined in s. Trans 201.15 (2) (c) refers to the sign known in the outdoor advertising industry as a tri-vision sign, and a variable message sign defined in s. Trans 201.15 (2) (g) includes the device known in the outdoor advertising industry as a commercial electronic variable message sign.

History

Cr. Register, July, 1983, No. 331, eff. 8-1-83; r. and recr. Register, April, 1998, No. 508, eff. 5-1-98.

Wis. Admin. Code § Trans 201.16 Political signs {#sec-trans-201.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.16}

(1) Definitions. “Political sign” means a sign erected for the purpose of soliciting support for or opposition to a candidate or a political party or relating to a referendum question in an election held under the laws of this state.

(2) Exemption. A political sign which would otherwise be subject to the permit requirement of s. Trans 201.07, is exempted if all of the following conditions are satisfied:

(a) The sign does not exceed 32 square feet in surface area.

(b) The sign is erected entirely on private property with the property owner’s consent.

(c) The sign is erected less than 45 days before the election for which it is intended and is removed within 7 days after the election except that a sign erected before a primary election may remain in place until 7 days after the next following general election if the sign solicits support for a candidate, political party or referendum question that is before the electorate in both the primary and the general election.

(d) The sign does not contain flashing lights or moving parts or in any other way fail to conform with s. 84.30 (4) (b), Stats.

(e) The sign is not erected in a location where it constitutes a traffic hazard.

History

Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (2) (e), Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § Trans 201.17 Real estate signs {#sec-trans-201.17 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.17}

(1) Definition. “Real estate sign” means a sign advertising the sale or lease of land upon which it is located or of a building on that land.

(2) Applicability. A real estate sign that is erected along an interstate highway is subject to the permit requirement of s. Trans 201.07.

(3) Exemption. A real estate sign that is erected along a controlled highway other than an interstate highway is exempted from the permit requirement of s. Trans 201.07 if all of the following conditions are satisfied:

(a) The sign does not exceed 32 square feet in surface area.

(b) There is no more than one real estate sign on the property facing each direction of travel for each controlled highway from which a sign on the property is visible.

(c) The sign does not contain flashing lights or moving parts or in any other way fail to conform with s. 84.30 (4) (b), Stats.

(d) The sign is not erected in a location where it constitutes a traffic hazard.

(e) The sign is not erected until the property is actually offered for sale or lease, and is removed within 7 days after the property has been sold or leased.

Note: The term “controlled highway” as used in sub. (3) has the meaning set forth in s. Trans 201.01.

History

Cr. Register, July, 1983, No. 331, eff. 8-1-83.

Wis. Admin. Code § Trans 201.18 Farm and agricultural test plot signs {#sec-trans-201.18 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.18}

(1) Definitions.

(a) “Agricultural test plot sign” means a sign used to mark test plot areas on a farm and includes a sign identifying the manufacturer of the seed being tested.

(b) “Farm sign” means a sign located on farm property which identifies the farm or advertises a farm product produced on that farm.

(2) Farm sign exemption. A farm sign that would otherwise be subject to the permit requirement of s. Trans 201.07 is exempted if all of the following conditions are satisfied:

(a) The sign conforms with the on-property sign criteria contained in s. 84.30 (3) (c), Stats.

(b) The sign does not contain flashing lights, moving parts, or in any other way fail to conform to s. 84.30 (4) (b), Stats.

(3) Agricultural test plot signs. Agricultural test plot sign displays are subject to the permit requirement of s. Trans 201.07, and the following provisions:

(a) One permit shall cover all the signs in an agricultural test plot sign display. Permit fees shall be based on the total surface areas of all signs in the display.

(b) There may be no more than one sign facing traffic in each direction that identifies the test plot and the seed manufacturer. Such a sign must be located within 50 feet of the test plot that it identifies.

(c) Signs shall be permitted only during the growing season and shall be removed within 7 days after harvest of the test plot crop is completed and in any event shall be removed prior to November 1 of each year.

(d) Row markers and variety markers may not contain identification of the seed manufacturer.

History

Cr. Register, July, 1983, No. 331, eff. 8-1-83.

Wis. Admin. Code § Trans 201.19 On-property signs {#sec-trans-201.19 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.19}

(1) Purpose. The purpose of this section is to interpret the provisions of s. 84.30 (3) (c), Stats., relating to on-property signs.

(2) Off premises advertising not permitted. An on-property sign may advertise only activities conducted on the property on which it is located, the name of the establishment and the establishment’s principal product or service offered on the premises. A permit for an off-property sign is required for any sign violating the content restrictions of this subsection.

(3) Narrow strips. Where the sign site is located at or near the end of a narrow strip contiguous to the advertised activity, the sign site shall not be considered part of the premises on which the activity being advertised is conducted. A narrow strip shall include any configuration of land which is such that it cannot be put to any reasonable use related to the activity other than for signing purposes.

(4) Properties flanked by 2 controlled highways.

(a) When a property may contain signs visible from 2 controlled highways, the department interprets s. 84.30 (3) (c) 1., Stats., to allow up to 4 single-faced or 2 double-faced signs on the property, with one sign exposure visible and designed to be read from each of 4 different directions of travel.

(b) Whether or not a property may contain signs visible from 2 controlled highways, the department interprets s. 84.30 (3) (c) 2, Stats., to allow only one extra on-property sign exposure.

(5) On-premises signs prohibited. No on-property sign may be erected in an area across a street or road from the area where the business is conducted or in any area developed for the purpose of erecting a sign.

History

Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (2), cr. (5), Register, April, 2001, No. 544, eff. 5-1-01.

Wis. Admin. Code § Trans 201.20 Local certification {#sec-trans-201.20 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.20}

(1) Purpose. The purpose of this section is to set out the standards employed by the department in making determinations of customary use under s. 84.30 (4) (intro.), Stats., which are used for certifying local sign control ordinances to the federal highway administration under 23 USC 131 (d).

(2) Applicability. This section applies to local certification applications filed by counties, cities, villages or towns after August 1, 1983, and to applications for the re-certification of previously certified ordinances filed after that date.

(3) Definition. “Local certification” means the department’s acceptance, under s. 84.30 (4) (intro.), Stats., of a local zoning authority’s determination of customary use as to the size, lighting and spacing of outdoor advertising signs in the zoned commercial or industrial areas of the locality.

(4) Inventory. An application for local certification must include a copy of the local zoning ordinance and an inventory of all existing signs within the area to be certified.

(5) Ordinance. The local determination of customary use shall be in the form of an ordinance. The department shall accept for certification an ordinance that meets the other requirements of this section, that includes provisions ensuring effective enforcement and that conforms to and complies with the following:

(a) The local zoning authority’s controls shall include the regulation of size, of lighting and of spacing of signs, in all commercial and industrial zones.

(b) Unless a Wisconsin statute or administrative rule requires otherwise, the local zoning authority’s controls may be either more or less restrictive than the appropriate controls set forth in the agreement in effect between the department and the secretary of transportation of the United States entered pursuant to s. 84.30 (12), Stats.

(c) If a local zoning authority has extraterritorial zoning jurisdiction under s. 62.23 (7a), Stats., and exercises control of signs in commercial and in industrial zones within this extraterritorial zoning jurisdiction, sign control by that local zoning authority may be accepted in lieu of the otherwise applicable control within the extraterritorial zoning jurisdiction.

(d) The department shall notify the federal highway administration in writing of those zoning jurisdictions wherein a local zoning authority’s controls apply and shall periodically assure itself that the size, lighting and spacing control provisions of each applicable local zoning ordinance certified under this section are actually being enforced by the appropriate local zoning authority.

(e) Nothing in this section shall diminish the department’s authority or relieve the department from responsibility to limit signs within controlled areas of commercial and industrial zones.

Note: Each of the provisions in sub. (5) (a) to (e) are based upon the provisions of 23 CFR 750.706 (c).

(6) Nonconforming signs. The ordinance shall commit the local government to pay the full costs of removing any signs erected after local certification is granted which acquire nonconforming status under state law. This shall include any liability of the state or federal government under s. 84.30 (6), Stats., or 23 USC 131 (g). The department shall require a bond or insurance policy to cover this commitment as a condition of local certification.

History

Cr. Register, July, 1983, No. 331, eff. 8-1-83.

Wis. Admin. Code § Trans 201.21 Local acquisition of signs {#sec-trans-201.21 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.21}

(1) Purpose. The purpose of this section is to interpret s. 84.30 (6) and (15), Stats., as these provisions affect the removal of signs along controlled highways under local ordinances.

(2) Compensation.

(a) This section applies to local government sign acquisitions in which s. 84.30 (6), Stats., requires compensation for the removal of a lawful nonconforming sign under a local ordinance. This section does not attempt to address the validity of local sign amortization ordinances adopted before the enactment of the “just compensation” amendments to the state and federal sign control laws ( s. 84.30 (6), Stats., as amended by chapter 253, laws of 1979, effective May 10, 1980; 23 USC 131 (g) as amended by P.L. 95-599, section 122, effective November 6, 1978) or the validity of the application of such local ordinances after the enactment of these amendments.

(b) A local government may not remove a lawful nonconforming sign for which compensation is required under s. 84.30 (6), Stats., unless at the time of removal the department certifies that sufficient funds are available to pay just compensation for the sign. If sufficient funds are not available from state or federal sources, or both, the department may certify that availability of sufficient funds upon deposit of the required amount with the department from any source. The department shall determine the availability of state and federal funds by evaluating overall state obligations under the sign control program and the priority requirements of s. Trans 201.14. The department shall determine the required amount for deposit by evaluating the local government appraisal and conducting any further appraisal or investigation that appears to be necessary to ensure that the estimated compensation requirement is accurate.

(3) Review. The department may periodically review a deposit required under sub. (2) and for good cause may raise or lower the amount required.

History

Cr. Register, July, 1983, No. 331, eff. 8-1-83.

Wis. Admin. Code § Trans 201.22 Effect of rule {#sec-trans-201.22 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.22}

Nothing in s. Trans 201.20 or 201.21 creates any new obligations upon any local unit of government to pay compensation for the removal of a lawful nonconforming sign beyond any obligations to compensate that may already be in effect under other state or federal laws.

History

Cr. Register, July, 1983, No. 331, eff. 8-1-83.

Wis. Admin. Code § Trans 201.23 Scenic byways {#sec-trans-201.23 omnilex-key=us-wi-regs-official--agency-trans--Trans 201.23}

(1) In this section:

(a) “All-American Road” has the meaning provided in s. Trans 202.02 (2).

(b) “Great River Road” has the meaning provided in s. 84.107, Stats.

(d) “Scenic byway” means the Great River Road and any other public highway or portion of a public highway designated as a Wisconsin scenic byway pursuant to s. 84.106, Stats., or designated as a National Scenic Byway or an All-American Road pursuant to 23 USC 162.

(2) After March 1, 2005, no sign visible from the main-traveled way of a primary highway that is a scenic byway or interstate highway may be erected except the following:

Note: Under s. Trans 202.05 (4), interstates are not currently eligible for scenic byway designation.

(a) Directional and other official sign authorized by s. 84.30 (3) (a), Stats.

(b) Signs advertising the sale or lease of property upon which they are located authorized by s. 84.30 (3) (b), Stats.

(c) Signs advertising activities conducted on the property on which they are located authorized by s. 84.30 (3) (c), Stats.

Note: Under s. Trans 202.05 (4), interstates are not currently eligible for scenic byway designation.

Note: Signs that are not on or visible from the main-traveled way of an interstate or primary highway are not subject to outdoor advertising regulations under s. 84.30, Stats. Local ordinances govern regulations on other routes.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: am. (2) Register October 2020 No. 778, eff. 11-1-20.

Chapter Trans 202 WISCONSIN SCENIC BYWAYS PROGRAM

Wis. Admin. Code § Trans 202.01 Purpose and scope {#sec-trans-202.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.01}

(1) As required by s. 84.106, Stats., this chapter establishes a Wisconsin scenic byways program. This chapter establishes the criteria and procedures to be used by the secretary to designate scenic byways.

(2) The purpose of this chapter is to identify, designate, promote and preserve a system of highways recognized for their outstanding scenic views and ability to offer travelers an exceptional travel experience. These byway corridors shall highlight the best scenic qualities along with the natural, historic, archeological, cultural and recreational opportunities available in Wisconsin. Program participation may increase roadway corridor recognition, increase marketing potential, promote community consensus building, aid in preservation of resources, and increase eligibility for federal or state funding for certain byway related projects along the corridor.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: am. Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 202.02 Definitions {#sec-trans-202.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.02}

The words and phrases defined in ss. 84.106 and 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Action items” mean the specific activities, procedures, controls, operational practices and administrative strategies that are undertaken as part of a corridor management plan to maintain and promote the scenic, historic, recreational, cultural, archeological and natural qualities of the scenic byway.

(2) “All-American Road” means a public highway that has been designated by the federal government as satisfying national scenic byway criteria and the additional criteria and requirements for designation as an “All-American Road.”

Note: A road should first be designated as a state scenic byway before national designation may be pursued. The criteria are set forth in the interim policy for the National Scenic Byway Program published in the Federal Register on May 18, 1995, at page 26759 of Vol. 60, No. 96.

(3) “Corridor” means the highway right-of-way and the area adjacent to and extending along the right-of-way that is visible from the roadway of a designated Wisconsin scenic byway.

(4) “Corridor management plan” or “CMP” means a written document authored by the local government sponsor that serves as the coordinating plan by which the scenic, historical, recreational, cultural, archeological and natural qualities on a designated byway are maintained and promoted.

(5) “Great River Road” has the meaning provided in s. 84.107, Stats.

(6) “Historic resources” mean the distinctive, visible sites or structures that demonstrate an important part of Wisconsin history that can help to educate viewers and help foster an appreciation of the past.

(7) “Local government” means a county, town, village, city or tribal government.

(8) “Local government sponsor” means a local government through whose jurisdiction a proposed Wisconsin scenic byway passes or a local government that is adjacent to a proposed scenic byway and that formally initiates the application process.

(9) “National Scenic Byway” means a public highway designated pursuant to 23 USC 162 as satisfying the federal criteria for a national scenic byway.

Note: A road should first be designated as a state scenic byway before national designation may be pursued. The criteria are set forth in the interim policy for the National Scenic Byways Program published in the Federal Register on May 18, 1995 at page 26759 of Vol. 60, No. 96.

(10) “Scenic byways advisory committee” or “SBAC” means the committee appointed by the secretary to review applications from local government sponsors and to recommend to the secretary whether an application for designation of a state trunk highway as a scenic byway should be approved.

(10m) “Scenic byway sign” means an official sign designating a scenic byway as set forth in the manual adopted by the department, the Wisconsin Manual on Uniform Traffic Control Devices (MUTCD) under s. 84.02 (4) (e), Stats.

(11) “Scenic qualities” are a combination of natural and manmade features that give remarkable character to the visual landscape, are striking in appearance and provide a pleasing and memorable experience to travelers.

(12) “Sign” has the meaning provided in s. 84.30 (2) (j), Stats.

(13) “Traffic control device” means a sign, marking or traffic control signal erected or placed within the right of way of a public highway by the government unit having jurisdiction over the highway for the purpose of guiding, warning or regulating traffic upon the highway.

(14) “Wisconsin scenic byway” or “scenic byway” means any combination of contiguous segments of state and federal highways, connecting highways, county highways or local roads that have special scenic qualities or historic resources and may in addition have special recreational, cultural, archeological, or natural qualities for which they are designated as a scenic byway by the secretary pursuant to s. 84.106, Stats.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: am. (intro.), cr. (10m), am. (14) Register October 2020 No. 778, eff. 11-1-20; correction in (10m), (14) made under s. 35.17, Stats., Register October 2020 No. 778.

Wis. Admin. Code § Trans 202.03 Previously designated scenic byways {#sec-trans-202.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.03}

(1) Any roadway previously designated as a scenic, historic, or recreational route or some combination thereof, either by legislative or by administrative action, may also be designated as a Wisconsin scenic byway upon satisfaction of the administrative process for the Wisconsin scenic byways program pursuant to s. 84.106, Stats.

(2) The Great River Road was designated by the secretary as a Wisconsin scenic byway under s. 84.106, Stats., on June 24, 1999. The provisions of ss. Trans 202.05, except ss. Trans 202.05 (3) (b), 202.06 and 202.07 do not apply to the Great River Road.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.

Wis. Admin. Code § Trans 202.04 Scenic byways advisory committee membership {#sec-trans-202.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.04}

(1) The SBAC shall consist of all of the following:

(a) One representative from each of the following state agencies nominated by the respective agency and appointed by the secretary:

Wisconsin department of tourism.
Wisconsin department of safety and professional services.
Wisconsin department of natural resources.
Wisconsin state historical society.

(b) Four members at large appointed by the secretary.

(c) The chairpersons of the senate and assembly standing committees having jurisdiction over transportation matters as determined by the speaker of the assembly and the president of the senate.

(2) The state agency representatives and the members at large shall be appointed by the secretary in staggered 4-year terms.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; correction in (1) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.

Wis. Admin. Code § Trans 202.05 Qualifications for scenic byway designation {#sec-trans-202.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.05}

(1) The majority of the route proposed as a Wisconsin scenic byway shall have scenic qualities or historic resources, which are unique to the route. Scenic qualities or characteristics shall be as continuous as possible throughout the corridor. The majority of historic resources shall be eligible for, or listed on the National Register of Historic Places, be numerous, be visible, and have a setting or character that is complimentary to the historic resources.

(2) The route shall be 30 miles in length at a minimum and, where feasible, connect to major highways at both ends of the route system.

(3)

(a) A proposed scenic byway route does not include a section of highway that traverses a business area unless the appropriate local government specifically includes the area in the proposed scenic byway route by means of a formal resolution. In unincorporated areas where county zoning is in effect, a resolution of the county board is also required. The proposed route shall be as continuous as possible.

(b) Each local government through which the Great River Road passes shall be given an opportunity to exclude business areas from the Great River Road Wisconsin scenic byway route. A request to exclude a business area shall be submitted to the department in writing, shall contain a map identifying the business area or business areas to be excluded and shall contain a copy of a resolution passed by the local government’s governing body supporting the request. In unincorporated areas where county zoning is in effect, the request shall also contain a resolution from the county board of the appropriate county supporting the request. A request under this paragraph shall be received by the department no later than 2 years from March 1, 2005.

(c) For purposes of this subsection, “business area” means any portion of a highway where there are contiguous abutting parcels of land zoned for business, industrial or commercial activities or unzoned and used for business, industrial or commercial activities as defined in s. 84.30 (2) (d), Stats.

(4) Any of the following are not eligible for scenic byway designation:

(a) Interstate highways.

(b) Alleys.

(d) ATV and snowmobile trails, except that roadways designated as all-terrain vehicle routes, as defined in s. 23.33 (1) (c), Stats., or snowmobile routes, as defined in s. 350.01 (16), Stats., may be included in a scenic byway.

(e) Rustic roads designated under s. 83.42, Stats.

(f) Railroad rights of way.

(g) Any other facility not intended for use by motor vehicles.

(5) Scenic, historical, archeological, cultural, recreational and natural features and characteristics may be considered complimentary to the scenic features or historic resources of the proposed route. They may be documented and submitted as part of the application.

(6) The proposed route may not be scheduled or anticipated for major improvements that would significantly diminish its scenic characteristics. If there are scheduled or anticipated major improvements, the SBAC may consider the application after the improvements are made or after the improvements are well defined in approved plans.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.; CR 16-045: am. (2), r. and recr. (4) Register October 2020 No. 778, eff. 11-1-20; correction in (4) (d) made under ss. 13.92 (4) (b) 12. and 35.17, Stats., correction in (4) (e), (g) made under s. 35.17, Stats. Register October 2020 No. 778.

Wis. Admin. Code § Trans 202.06 Application procedure {#sec-trans-202.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.06}

(1) Application to have a route designated as a Wisconsin scenic byway is voluntary. Interested parties seeking designation may include residents, organizations and local governments. The responsibility for identifying a suitable route for scenic byway designation rests with the aforementioned groups.

(2) There shall be at least one local government sponsor who initiates the application procedure.

(3) The department shall design the application form and determine the completeness of responses from local government sponsors. The department may require preliminary information from the local government sponsor to determine if the proposed route has a reasonable potential for being designated as a state scenic byway. Resolutions from local governments abutting the proposed route may be required.

Note: The application form may be obtained upon request by writing to the Department of Transportation, Division of Transportation Investment Management, Bureau of Planning, Room 901, P. O. Box 7913, Madison, WI 53707-7913.

(4) A corridor management plan shall be prepared by the local government sponsor after the route’s potential has been confirmed by the SBAC, but before final designation takes place.

(5) The SBAC shall evaluate the application materials and make a recommendation to the secretary on the approval or denial of the request to designate the proposed route as a scenic byway.

(6) The secretary shall make the decision to approve or deny an application for designation of the proposed route as a scenic byway.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.

Wis. Admin. Code § Trans 202.07 Reviewing and monitoring of Wisconsin scenic byways {#sec-trans-202.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.07}

The department shall review the approved CMP of a designated scenic byway on a periodic basis to insure that the local government sponsor has implemented the action steps in its CMP. The department shall notify the local government sponsor of the results of the review. In the case of uncompleted action items, the department and local government sponsor shall coordinate to develop a schedule and timeline to implement the remaining action items or to amend the remaining action items in a mutually agreeable manner. Failure to address the uncompleted action items in a timely manner may result in withdrawal of scenic byway designation.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.

Wis. Admin. Code § Trans 202.08 Jurisdiction and authority {#sec-trans-202.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.08}

Wisconsin scenic byway designation, as approved by the secretary, except as otherwise provided in this chapter, may not affect in any manner the authority and responsibilities of the department, any county or any local government over their respective segments of a scenic byway including responsibility for maintenance, safety, improvements or regulation of traffic.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: r. and recr. Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § Trans 202.09 Maintaining and improving a state scenic byway {#sec-trans-202.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.09}

Designation as a Wisconsin scenic byway may not:

(1) Prohibit or affect future roadway design or construction.

(2) Change the existing state or federal classification of the highway.

(3) Be a factor in department or local government decisions on whether or not a highway improvement project is necessary or appropriate for the designated highway.

(4) Be considered in determining local transportation aids paid under s. 86.30, Stats.

(5) Affect enforcement of state or local traffic laws.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: r. and recr. Register October 2020 No. 778, eff. 11-1-20; (1) to (5) renumbered from (a) to (e) under s. 13.92 (4) (b) 1., Stats., and correction in (4) made under s. 35.17, Stats., Register October 2020 No. 778.

Wis. Admin. Code § Trans 202.10 Traffic control devices and route markings {#sec-trans-202.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.10}

(1) The following units of government shall furnish, erect, replace and maintain signs marking scenic byways in accordance with the manual adopted by the department under s. 84.02(4) (e), Stats.:

(a) The department with respect to state trunk highways under its jurisdiction.

(b) A local government with respect to any highway under their maintenance not described in par. (a), including connecting highways.

Note: Section 84.106 (3), Stats., requires a local government to provide for all costs associated with signing those segments of a scenic byway or a highway under its maintenance including connecting highways. The manual adopted by the department is the Wisconsin Manual on Uniform Traffic Control Devices (MUTCD) which may be found online at http://wisconsindot.gov/Pages/doing-bus/local-gov/traffic-ops/manuals-and-standards/wmutcd/wmutcd.aspx .

(2) The scenic byways marking signs may be placed on existing information or highway identification sign posts but may not be placed on any regulatory or warning sign posts.

(3) All traffic control devices shall be erected and maintained in accordance with chs. 84, 86 and 349, Stats., and ch. Trans 200.

(4) Scenic byways signing shall be removed on highways that are no longer designated as scenic byways.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: r. and recr. (1) Register October 2020 No. 778, eff. 11-1-20; correction in (1) (intro.) made under s. 35.17, Stats., Register October 2020 No. 778.

Wis. Admin. Code § Trans 202.11 Outdoor advertising {#sec-trans-202.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.11}

Highways designated by the secretary as scenic byways pursuant to s. 84.106, Stats., are subject to all applicable state laws and regulations and local ordinances regarding outdoor advertising signs. Highways designated as scenic byways shall also conform to s. Trans 201.23.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.

Wis. Admin. Code § Trans 202.12 National scenic byways program {#sec-trans-202.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.12}

State trunk highways designated as Wisconsin scenic byways may, upon satisfaction of the federal guidelines and recommendation by the scenic byways advisory committee, be nominated by the secretary for designation and inclusion in the national scenic byways program as a National Scenic Byway or All-American Road. A local government may be responsible for supplying additional information or photos as needed for the national application.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.

Wis. Admin. Code § Trans 202.13 Modification or withdrawal of Wisconsin scenic byways designation {#sec-trans-202.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 202.13}

(1) Every 10 years following the date of official notification of designation, local units of government through which the route passes shall have the opportunity to re-evaluate the designated route and to determine if they wish to modify the route due to changes in land use or other extenuating circumstances. The local unit of government having zoning authority over the scenic byway corridor shall notify the department in writing, pass a resolution and submit a map indicating the proposed change to the designated route. In unincorporated areas where county zoning is in effect, the request shall also contain a resolution from the county board of the appropriate county supporting the request. The department may require the local government sponsor to coordinate the submission of requests for modification of the scenic byway route. Requests under this subsection shall be received by the department no later than 12 months from the 10-year anniversary date. The SBAC shall review the proposed route modifications and make recommendations to the secretary. Modifications become effective upon approval of the secretary. If the department receives no notification under this subsection that a modification is being requested, the designated route shall remain unchanged for another 10 year period.

(2) Designation of a state trunk highway as a scenic byway may be withdrawn at any time after resolution by 2/3 of the local government sponsors and with the approval of the SBAC and the secretary. There shall be at least one public hearing by a local government sponsor before such a removal.

(3) The SBAC may recommend to the secretary that a scenic byway designation for a particular route be rescinded if the route no longer possesses the scenic or historic character of the route originally qualifying it for designation due to overdevelopment, the presence of some other visual detraction, the failure to adequately implement the corridor management plan, or if substantial modifications to the route have taken place under sub. (1). The department may request that the SBAC review and recommend whether a scenic byway designation for a particular route should be rescinded. If the SBAC recommends that a scenic byway designation for a route be rescinded, the department shall hold a public hearing on the removal. After the public hearing is held, the designation as a scenic byway for the route may be withdrawn upon approval of the secretary.

History

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: am. (3), Register October 2020 No. 778, eff. 11-1-20.

Chapter Trans 204 EXISTING TOWN ROAD IMPROVEMENT STANDARDS

Wis. Admin. Code § Trans 204.01 Purpose {#sec-trans-204.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 204.01}

The purpose of this chapter is to establish uniform minimum design standards for the improvement of existing town roads, as required by s. 82.52, Stats.

History

Cr. Register, September, 1992, No. 441, eff. 10-1-92; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 204.02 Definitions {#sec-trans-204.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 204.02}

In this chapter:

(1) “Average daily traffic” or “ADT” means the total traffic volume during a stated period divided by the number of days in that stated period; unless otherwise specified, the stated period is one year.

(2) “Bridge rehabilitation” means the preservation or restoration of the structural integrity of an existing bridge as well as work to correct safety defects.

(3) “Bridge replacement” means building a new bridge to replace an existing bridge.

(4) “Design speed” means the maximum safe speed that can be maintained over a specified section of a highway when conditions are so favorable that the design features of the highway govern.

(5) “Improvement” means a town road construction project with a projected design life of at least 10 years.

(6) “Improvement level” means the type of construction improvement. It can range from resurfacing to complete reconstruction of a town road.

(7) “Load posted” means the placement of regulatory signs at a bridge indicating the safe load carrying capacity of the bridge.

(8) “Recondition” means work in addition to resurfacing, and includes pavement widening, shoulder paving, and improvement of an isolated grade, curve, intersection or correction of a sight distance problem to improve safety.

(9) “Reconstruction” means total rebuilding of an existing town road to improve maintainability, safety, geometrics and traffic service.

(10) “Resurfacing” means placing a new surface, exclusive of seal coating, on an existing roadway to provide a better all weather surface, a better riding surface, and to extend or renew the pavement life.

(11) “Roadway” means the portion of a highway, including shoulders, for vehicular use.

(12) “Shoulder” means the portion of a roadway that is contiguous to the traveled way and is used primarily for vehicular stopping in an emergency.

(13) “Traveled way” means the portion of the roadway designed for movement of vehicles exclusive of the shoulders.

(14) “Usable bridge width” means the clear width between curbs or rails, whichever is less.

History

Cr. Register, September, 1992, No. 441, eff. 10-1-92.

Wis. Admin. Code § Trans 204.03 Town road standards {#sec-trans-204.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 204.03}

(1) The minimum design standards for each of the town road improvement levels are as shown in the following tables:

Note: Examples of resurfacing and reconditioning improvements which may be appropriate for existing town roads include, but are not limited to, pavement rehabilitation; widening lanes and shoulders; replacing bridge elements to correct structural deficiencies; bridge deck overlays; bridge and culvert replacement; and other related improvements such as minor grading, subgrade work and correction of drainage problems.

(2) The geometry of the town road shall be designed to safely accommodate vehicles traveling at the design speed selected for the road improvement.

(3) The minimum design standards for existing town bridges are as shown in the following table:

(4) Bridge replacement, rehabilitation or widening is required where a bridge is either load posted or has a usable width that is less than the traveled way width. Bridge replacement or widening should be evaluated if the usable bridge width is less than the values shown in Table C. If widening of the traveled way is planned as part of the town road improvement, the usable bridge width should be compared to the approaches after they are widened to determine whether or not bridge replacement or widening should be evaluated.

(5) The minimum design standards for new bridges on town roads are as shown in ch. Trans 214.

History

Cr. Register, September, 1992, No. 441, eff. 10-1-92.

Wis. Admin. Code § Trans 204.04 Exceptions to standards {#sec-trans-204.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 204.04}

The secretary or the secretary’s designee may authorize deviation from the standards in this chapter in special cases in which strict application of the standards is impractical and in which deviation is not contrary to the public interest and safety.

History

Cr. Register, September, 1992, No. 441, eff. 10-1-92.

Chapter Trans 205 COUNTY TRUNK HIGHWAY STANDARDS

Wis. Admin. Code § Trans 205.01 Purpose {#sec-trans-205.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 205.01}

(1) Pursuant to s. 84.01 (9) (b), Stats., the department of transportation adopts these rules relating to projects for constructing or reconstructing and relating to processes incidental to building, fabricating or bettering a county trunk highway, but not relating to maintenance of a county trunk highway. Maintenance includes all those measures and activities necessary to preserve a highway, as nearly as possible, in the condition of its construction. Maintenance generally involves no change in horizontal alignment, roadway widths or grade.

(2) Any county trunk highway improvement project, on which construction is started after January 1, 1987, shall follow this chapter.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87.

Wis. Admin. Code § Trans 205.02 Definitions {#sec-trans-205.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 205.02}

As used in this chapter:

(1) “Average daily traffic” or “ADT” means the average 24-hour traffic volume during a stated period divided by the number of days in that stated period; unless otherwise specified, the stated period is one year.

(2) “Bridge design load” means the maximum vehicle loading that a bridge is designed to accommodate without exceeding the allowable working capacity of any structural member or group or system of structural members.

(3) “Design speed” means the maximum safe speed that can be maintained over a specified section of highway when conditions are so favorable that the design features of the highway govern.

(5) “Functional classification” has the meaning set forth in ch. Trans 76.

Note: Chapter Trans 76 was repealed.

(6) “HS20” has the meaning set forth in the American association of state highway and transportation officials (AASHTO) standard specifications for highway bridges, 13th edition 1983, as amended by interim specifications-bridges 1984 and 1985, published by AASHTO.

Note: The AASHTO standard specifications for highway bridges are available from AASHTO, 444 North Capitol Street, N.W., Washington, D.C. 20001. Copies of the relevant portion of the AASHTO standard are on file at the offices of the department of transportation, secretary of state, and legislative reference bureau.

(6m) “Region director” means a Wisconsin department of transportation, division of transportation system development, region office director.

Note: The department of transportation region offices and addresses are as follows:

(7) “Regional engineer” means a Wisconsin department of transportation division of highways central office design chief road design engineer.

(8) “Rehabilitation” means replacing a major structural element of an existing highway to extend its service life for a substantial period of years and to enhance safety.

(9) “Restoration” means returning an existing highway to an acceptable condition to extend its service life for a substantial period of years and to enhance safety.

(10) “Resurfacing” means installing new or additional layers of surfacing on existing highway pavement to extend its service life for a substantial period of years and to enhance safety.

(11) “Roadway” means the portion of a highway, including shoulders, for vehicular use.

Note: Under this definition, a divided highway has 2 or more roadways.

(12) “Shoulder” means that portion of a roadway that is contiguous to the traveled way and is used primarily for vehicle stopping in an emergency.

(13) “Traveled way” means the portion of the roadway designed for movement of vehicles, exclusive of the shoulders.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87; renum. (7) to (9) to be (11) to (13), cr. (7) to (10), Register, February, 1992, No. 434, eff. 3-1-92; correction in (4) made under s. 13.92 (4) (b) 6., Stats., and renum. (4) to (6m) under s. 13.92 (4) (b) 1., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 205.03 County trunk highway standards {#sec-trans-205.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 205.03}

(1) The design standards for urban county trunk highway improvement projects shall conform with the applicable department of transportation criteria, and, if applicable, with the federal criteria for the class of highway involved. The minimum design standards for rural county trunk highway improvement projects shall be as set forth below for each of the rural county trunk highway functional classifications. The functional classification for a particular rural county trunk highway segment shall be that shown for the segment on the most current department of transportation rural functional system map prepared under ch. Trans 76 for local transportation aids purposes or, if applicable, on the most current federal aid system map.

Note: Chapter Trans 76 was repealed.

(2) The rural county trunk highway minimum design standards for each of the rural county trunk highway functional classifications are as shown in the following tables:

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87.

Wis. Admin. Code § Trans 205.035 Use of alternative “3R” standards {#sec-trans-205.035 omnilex-key=us-wi-regs-official--agency-trans--Trans 205.035}

(1) The standards in s. Trans 205.03 shall be used for all county trunk highway improvement projects, unless a region director expressly authorizes, in writing, the use of the department’s “Design Criteria for Resurfacing, Restoration, and Rehabilitation Projects,” also known as “3R” standards, for a resurfacing, restoration, or rehabilitation project on an existing highway located in his or her region.

Note: Examples of improvement projects which may be appropriate for “3R” standards include resurfacing highway pavement; grinding and repairing pavement joints; replacing or recycling pavement; widening lanes and shoulders; replacing bridge elements to correct structural deficiencies; bridge deck overlays; and other related improvements such as minor incidental subgrade work and correction of minor drainage problems.

(2) A region director may not authorize or approve the use of the department’s “3R” standards for the construction of a new highway or for the complete reconstruction of an existing highway.

(3) A request to use the department’s “3R” standards in lieu of the standards in s. Trans 205.03 may be submitted to a region director only by a county highway commissioner, or by a county highway commissioner’s designee.

(4) A region director shall grant or deny a request to use the department’s “3R” standards within 90 days after receiving a request.

(5) In determining whether to grant or deny a request to use the department’s “3R” standards in lieu of the standards in s. Trans 205.03, a region director shall consider all of the following:

(a) Adequacy of design.

(b) Cost effectiveness.

(d) Environmental impact.

(e) Social and economic impact, including dislocation or relocation of property owners.

(6) The rural county trunk highway minimum “3R” standards for roadway dimensions, by functional classification, and usable bridge widths are as shown in the following tables:

History

Cr. Register, February, 1992, No. 434, eff. 3-1-92.; corrections in (1) to (5) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 205.04 Exceptions to design standards {#sec-trans-205.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 205.04}

(1) After a region director has decided whether to use either the design standards in s. Trans 205.03 or the alternative “3R” standards in s. Trans 205.035, the regional director may expressly authorize, in writing, exceptions to either of these standards, if federal or state funds are not used for the improvement project.

(2) Exceptions to either the design standards in ss. Trans 205.03 or 205.035 for improvement projects using federal or state funds must be approved in writing by a regional engineer and, when federal funds are used, by the division administrator of the federal highway administration.

(3) In determining whether to authorize exceptions to the construction standards in s. Trans 205.03 or the alternative “3R” standards in s. Trans 205.035, a region director shall consider all of the following:

(a) Adequacy of design.

(b) Cost effectiveness.

(d) Environmental impact.

(e) Social and economic impact, including dislocation or relocation of property owners.

Note: “Exceptions to Standards” is located at the department’s offices, in the Facilities Development Manual, procedure number 11-1-2.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87; r. and recr. Register, February, 1992, No. 434, eff. 3-1-92; correction in (1), (3) (intro.) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686; CR 22-048: am. (1) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 205.05 Project review {#sec-trans-205.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 205.05}

(1) On or before December 1 of each year, each county highway commissioner shall file with the appropriate region director a report for the county certifying that any and all county trunk highway improvement projects for which funds were expended or obligated during that year conformed to the minimum standards established under s. 84.01 (9) (b), Stats. The certification shall be on forms prescribed by the department of transportation. All county trunk highway improvement projects shall be reviewed by the region director for compliance with the standards stated in s. Trans 205.03.

(2) If any county has not complied with the standards, the region director shall notify the county in writing stating the items which are noncomplying. When the noncomplying projects have subsequently been made to comply with the standards, the region director shall certify compliance on forms designated for this purpose by the department of transportation. If on July 1 of any year there are in a county any remaining non-complying projects that have not been made to comply as certified by the region director, those projects shall be reported by the department of transportation to the appropriate legislative committees.

History

Cr. Register, December, 1986, No. 372, eff. 1-1-87; corrections in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Chapter Trans 206 LOCAL ROADS IMPROVEMENT PROGRAM

Wis. Admin. Code § Trans 206.01 Purpose and scope {#sec-trans-206.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 206.01}

The purpose of this chapter is to interpret and administer procedures for assisting in the improvement of deteriorating local highways, streets and roads under s. 86.31 (6), Stats.

History

Cr. Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § Trans 206.02 Definitions {#sec-trans-206.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 206.02}

The words and phrases defined in s. 86.31 (1), Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

(1) “Administrative cost” means the county highway commissioner’s staff and material costs to perform the county highway commissioner’s duties to the county MSI program for cities and villages with a population of 20,000 or less, and the county TRI program, including the cost of conducting bid lettings for MSI projects in cities and villages with a population of 20,000 or less and for TRI projects.

(1m) “Annual allocation” means the annual amount of state funds available under the TRID component of the local roads improvement program to a town to make improvements with total project costs of $100,000 or more to local town roads.

(2) “Annual entitlement” means the annual amount of state funds available under the local roads improvement program to a county, county town road improvement committee, county municipal street improvement committee, or city or village with a population of 20,000 or more to make improvements to the local roads.

(2m) “Biennial allocation” means the sum of the 2 annual allocations in a state biennium.

(3) “Biennial entitlement” means the sum of the 2 annual entitlements in a state biennium.

(4) “Chief executive” means the town board chairperson, village president, elected mayor or city manager.

(5) “Contract administration” means the preparing of or having plans prepared for the project, acquiring right of way, letting of bids and construction supervision of a local roads improvement program project.

(6) “Cost ceiling” means the maximum amount the state of Wisconsin will pay as its share of the local road improvement project under this chapter.

(7) “County board chairperson” has the meaning specified in s. 59.12, Stats.

(8) “County executive” has the meaning specified in s. 59.17, Stats.

(9) “County highway commissioner” has the meaning specified in s. 83.01, Stats.

(10) “County highway improvement” or “CHI” means the improvement projects on the county trunk system funded by the county highway improvement entitlement component of the local roads improvement program as authorized under s. 86.31 (3), Stats.

(11) “County highway improvement plan” means a county’s 5-year plan of improvements to the county trunk system which is eligible to be funded from the county highway improvement component of the local roads improvement program.

(12) “County highway improvement program district” means a group of counties designated by the secretary of transportation under s. 86.31, Stats., to be a county highway improvement program district.

(13) “County highway improvement program district committee” means a committee consisting of not more than 5 county executives or designees or when there is no office of county executive, county board chairpersons or the chairperson’s designee from counties within a county highway improvement district.

(14) “County municipal street improvement committee” or “CMSIC”means a committee of not more than 5 chief executives or designees of cities and villages with a population of less than 20,000 within the county responsible to select MSI projects within the county.

(15) “County town road improvement committee” or “CTRIC” means a committee of not more than 5 town chairpersons or designees from within the county responsible to select TRI projects within the county.

(16) “Department” means the department of transportation.

(17) “Eligible project” means one or more logical phases of a specific improvement including, but not limited to, a feasibility study, design engineering, grading, base, paving, and road finish materials such as hot mix asphalt.

(18) “Feasibility study” means the engineering and environmental studies for a specific section of a local road that will lead to a LRIP improvement project.

(19) “Local roads improvement program” or “LRIP” means the state entitlement program with county trunk highway, town road and municipal street entitlement components as established in s. 86.31, Stats., or the state allocation component separate from the entitlement program as established in s. 86.31 (3m), Stats.

(20) “LRIP project application” means a department of transportation form which describes the projects that may be funded with LRIP entitlements, or LRIP allocations under TRID, in the current state biennium.

(21) “Miles” means the number of miles of roads and streets as determined by the department of transportation under s. 86.302, Stats.

(22) “Municipal street improvement” or “MSI” means the improvement projects on the city and village street system funded by the municipal street improvement entitlement component of the local roads improvement program as authorized under s. 86.31 (3), Stats.

(23) “Municipal street improvement plan” means a city or village’s 5-year plan of improvements to the municipal street system eligible to be funded from the municipal street improvement component of the local roads improvement program.

(24) “PASER” means the pavement surface evaluation and rating process developed and taught by the transportation information center at the university of Wisconsin extension, Madison, WI 53706.

(25) “Population” means the population of a political subdivision as determined in s. 86.33, Stats.

(26) “Project agreement” means a formal agreement between the state and a political subdivision which states the responsibilities of each of the parties to the agreement.

(27) “Recipient” means a county, county town road improvement committee, county municipal street improvement committee, or a city or village with a population of 20,000 or more, or a town under the TRID.

(28) “Secretary” means the secretary of the department of transportation.

(29) “State biennium” means a period from July 1 of every odd-numbered year through June 30 of the next odd-numbered year.

(30) “State fiscal year” means a period from July 1 through June 30.

(31) “Statewide town road improvement discretionary committee” or “STRIDC” means the committee appointed by the secretary responsible to recommend TRID projects for approval by the secretary.

(32) “Town road improvement” or “TRI” means the improvement projects on the town road system funded by the town road improvement entitlement component of the local roads improvement program as authorized under s. 86.31 (3), Stats.

(33) “Town road improvement discretionary” or “TRID” means the improvement projects on the statewide town road system funded by the town road improvement discretionary allocation component of the local roads improvement program as authorized under s. 86.31 (3m), Stats.

(34) “Town road improvement plan” means a town board’s 2 or more year plan for improvements to the town road system eligible to be funded from the town road improvement component of the local roads improvement program.

History

Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (1), (19), (20) and (27), renum. (31) and (32) to be (32) and (34), cr. (1m), (2m), (31) and (33), Register, December, 1994, No. 468, eff. 1-1-95; am. (1), Register, October, 1997, No. 502, eff. 11-1-97; corrections in (7), (8) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 206.03 Uniform provisions {#sec-trans-206.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 206.03}

(1) Entitlement. The local roads improvement program is an annual entitlement program for improvements to local roads. Biennially, an entitlement shall be made to each county, each CMSIC and CTRIC and to each city or village whose population is 20,000 or more. Entitlements to the recipient shall be determined as follows:

(a) Municipal street improvement for each CMSIC and for each city or village with a population of 20,000 or more: 50% of each county’s, city’s or village’s, with a population of 20,000 or more, proportionate share of total miles of all city or village streets in the state and 50% of each county’s, city’s or village’s, with a population of 20,000 or more, proportionate share of the total population of all cities and villages in the state.

(b) County highway improvement shall be 60% of each county’s proportionate share of the state population and 40% of each county’s proportionate share of total county trunk miles of all county trunk miles in the state; except no county’s entitlement shall be less than one half of one percent (0.5%) of the total funds allocated to the counties under this chapter.

(c) Town road improvement shall be on each county’s proportionate share of town road miles to all town road miles in the state.

(2) Option to accumulate entitlement until the second year of the biennium. To permit maximum flexibility in the use of entitlements and use all entitlements in the biennium appropriated, a recipient may:

(a) Use the entitlement in the state fiscal year it is available.

(b) Accrue the annual entitlement until the second year of the state biennium rather than using it in the year it is available.

(c) Request approval, on the LRIP project application form, from the department to use the entire biennial entitlement in the first year of the biennium.

(3) Commitment of entitlement.

(a) No later than November 1 of each odd-numbered year, each recipient shall complete the LRIP project application form and send it to the appropriate county highway commissioner.

(b) No later than January 15 of each even-numbered year, the appropriate county highway commissioner shall send the department a copy of each LRIP project application submitted by each recipient in the county.

(c) Upon the approval of each LRIP project application by the department, the estimated cost of the project listed on the LRIP project application form shall be considered committed, and entitlement funds shall be reserved for the political subdivision with an approved LRIP project. A project agreement for each LRIP project shall be executed and received by the department no later than April 1 of the next odd-numbered year. If an executed project agreement is not received by April 1 of the next odd-numbered year, the commitment of state funds shall be withdrawn.

(4) Uncommitted lrip entitlements.

(a) Any entitlements not committed by the recipient by November 1 of each odd-numbered year shall be available for use by other recipients.

(b) The first priority for uncommitted entitlements shall be for use by other recipients within the same county. The county highway commissioner of that county is responsible for determining if the uncommitted entitlement can be used within the county and which recipient will receive it.

(c) The second priority for any uncommitted entitlement that cannot be used within the county shall be for use within the county highway improvement program district. The county highway improvement district committee shall be responsible for determining if uncommitted entitlement can be used within the district and which recipient will receive it.

(d) On July 1 of each odd-numbered year, all uncommitted entitlements from the previous biennium shall be added to the LRIP appropriation for the current biennium and redistributed according to the distribution formula in s. Trans 206.03 (1).

(5) Payment of project costs.

(a) The local roads improvement program is a reimbursement program. The political subdivision where the work is performed shall be responsible for payment of project costs. At the completion of the project, the political subdivision may apply to the department of transportation for reimbursement of eligible costs in accordance with the project agreement. Application for reimbursement shall be on forms prescribed by the department.

(b) If a project is the result of an agreement among more than one recipient, the project agreement shall identify one political subdivision as responsible for initial funding of the project and to whom the state shall reimburse eligible costs.

(6) Eligible projects.

(a) Any improvement to the county trunk, town road or city or village street system shall be eligible for funding under this chapter provided the political subdivision has complied with the provisions of this chapter.

(b) The county, CTRIC or CMSIC, cities or villages with populations of 20,000 or more, or towns under the TRID, may enter into agreements with counties, other county MSI or TRI committees, other cities or villages with populations of 20,000 or more or towns under the TRID to participate in projects that meet the standards of the local roads improvement program.

(7) Duties of the county highway commissioner. The county highway commissioner shall perform the following:

(a) Serve as the administrative contact between the department and all recipients in the county.

(b) No later than January 15 of each even-numbered year, report to the secretary or the secretary’s designee, on the form in the manner prescribed by the department, the list of projects to be developed or constructed under the CHI, TRI, TRID and MSI components of the LRIP in the current state biennium.

(c) Determine if uncommitted entitlements of a recipient in the county can be used by another recipient within the county.

(8) Reimbursement of counties for administrative costs related to the cmsic and the ctric.

(a) Counties shall be reimbursed for the costs of the administrative services provided by the county highway department to that CTRIC and CMSIC.

(b) For the years 1992 through 1995 of the local roads improvement program, 5% of each county’s MSI entitlement for cities and villages with a population of less than 20,000 and 5% of each county’s TRI entitlement shall be distributed to the county treasurer as reimbursement for the administrative costs of the MSI and TRI.

(c) Beginning with 1996, the percentage of each county’s MSI entitlement for cities and villages with a population of less than 20,000 and county’s TRI entitlement to be distributed to the county for administrative costs related to the MSI and TRI shall be reviewed with the county highway commissioner and the chairpersons of the county TRI and the MSI committees to determine an appropriate level of reimbursement. The county highway commissioner shall notify the department what percent level of reimbursement was selected as a result of the review. Until such notification is received, the level of reimbursement shall continue at 5%.

(9) Eligible lrip project costs. Feasibility studies, design, right-of-way acquisition, any item which is an integral part of street and road construction, and related engineering costs are eligible costs. New installations or alterations of sanitary sewers and connections, water, gas, electric, telephone, police or fire alarm facilities, parking meters, street signs and similar utilities are not eligible costs. The cost to develop each county, municipality or town’s improvement plan is not an eligible cost.

(10) Contract administration.

(a) The political subdivision with the eligible project shall be responsible for contract administration of the project. If an eligible project is located in more than one political subdivision, the project agreement shall specify the political subdivision responsible for contract administration.

(b) The design and construction of all eligible projects with eligible costs totaling more than $50,000 under this chapter shall be certified by a registered professional engineer.

(11) Financial participation.

(a) The state shall provide a maximum of 50% of the total eligible project cost up to the cost ceiling specified in the project agreement. The remainder of the cost shall be provided by the political subdivision where the work is performed.

(b) The political subdivision’s share may be in the form of cash, engineering or right of way.

(d) No federal aid funds shall be used as the local match for an eligible project.

(12) Project agreement.

(a) Each eligible project which is funded under this chapter shall be the subject of a formal agreement between the political subdivision and the department. The secretary or the secretary’s designee shall sign the project agreement for the department. The secretary or the secretary designee’s signature on the project agreement shall be the official acceptance of the terms of the agreement. When the project agreement is between the state and a county, the county executive or designee, or when there is no office of county executive, the county board chairperson or designee shall sign the project agreement for the county. When the project agreement is between the state and a town, village or city, the chief executive or designee of the political subdivision shall sign the project agreement for the political subdivision.

(b) Each project agreement must be signed by the department no later than April 1 of each odd-numbered year.

Name of the signatory political subdivision or, in the case of a joint project, the project agreement shall include the names of all the political subdivisions and county MSI or TRI committees participating in the project.
Statement of need for the project.
Description of the proposed work as approved by the CTRIC, STRIDC or CMSIC where appropriate and the intended construction year.
Cost estimate of the work.
Description of the cost participation of each party to the agreement, including the amount of the cost ceiling for preliminary engineering, real estate acquisition and construction.
Description of all special provisions and considerations that apply to the proposed project.
Signed statement by the county executive or designee, or when there is no office of county executive, the county board chairperson or designee, town, city or village’s chief executive or designee certifying that the work will be done in accordance with all federal, state and local laws, rules, ordinances and standards.
A statement that the department will only participate in eligible construction projects which are actually constructed to the appropriate standards described in this chapter. The entire cost of construction projects not constructed, or not constructed to standards, is the responsibility of the political subdivision.
A statement that the political subdivision with the eligible project assumes all responsibility for complying with all germane environmental requirements for the improvement, and certifies that an environmental analysis was completed and that all applicable environmental laws were followed.

(13) Exception to standards.

(a) The secretary or the secretary’s designee may authorize deviation from the standards in special cases in which strict application of the standards is impractical and deviation is not contrary to the public interest and safety, and in the case of eligible county projects is not contrary to the intent of s. 84.01 (9) (b), Stats.

(b) Any deviation in the standards shall be approved in writing by the secretary or the secretary’s designee before any reimbursement payments are made.

(14) Project substitution. When a recipient informs the department that an eligible project for which a CHI, TRI or MSI project agreement has been executed cannot be built, that recipient shall have the option of substituting another eligible project that can be constructed in the same time period. The parties shall then void the original project agreement and execute a new project agreement for the substitute project. This subsection does not apply to recipients of TRID allocations.

(15) Duties of dot. The department shall perform the following:

(a) Compute the annual and biennial entitlement for each county, each CMSIC and CTRIC and for each city or village with a population of 20,000 or more.

(b) Inform, by September 1 of each odd-numbered year, each county, each CTRIC and CMSIC, and the chief executive of each city or village with a population of 20,000 or more of their biennial entitlement by state fiscal year for the current state biennium.

(d) Review a sufficient number of projects to ensure that the program is functioning according to applicable state laws and rules.

(e) Encumber state funds for all approved project agreements.

(f) Prepare, by June 30 of each odd-numbered year, a report listing all completed projects under the local roads improvement program.

(g) Determine if proposed projects meet the criteria of this chapter.

History

Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (6) (b), (7) (b) and (14), Register, December, 1994, No. 468, eff. 1-1-95; the correction in (12) (c) 8. made under s. 13.93 (2m) (b) 12., Stats., Register, August, 1996, No. 488; am. (12) (c) 3., Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § Trans 206.035 Town road improvement discretionary provisions {#sec-trans-206.035 omnilex-key=us-wi-regs-official--agency-trans--Trans 206.035}

(1) Allocation. The TRID is an annual allocation for improvements to town roads in excess of $100,000 total project cost. Biennially, selected allocations shall be made to towns. Allocations to the recipient shall be recommended by the STRIDC and approved by the secretary.

(2) Option to accumulate allocation until the second year of the biennium. To permit maximum flexibility in the use of allocations and use all allocations in the biennium appropriated, a recipient may:

(a) Use the allocation in the state fiscal year it is available.

(b) Accrue the annual allocation until the second year of the state biennium rather than using it in the year it is available.

(c) Request approval, on the LRIP project application form, from the department to use the entire biennial allocation in the first year of the biennium.

(3) Commitment of allocation.

(a) No later than November 1 of each odd-numbered year, each applicant shall complete the LRIP project application form and send it to the appropriate county highway commissioner.

(c) Upon the approval of each LRIP project application by the department, the estimated cost of the project listed on the LRIP project application form shall be committed, and allocated funds shall be reserved for the political subdivision with an approved LRIP project. A project agreement for each LRIP project shall be executed and received by the department no later than April 1 of the next odd-numbered year. If an executed project agreement is not received by April 1 of the next odd-numbered year, the commitment of state funds shall be withdrawn.

(4) Uncommitted trid allocations. On July 1 of each odd-numbered year, all uncommitted allocations from the previous biennium shall be added to the TRID appropriation for the current biennium.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95.

Wis. Admin. Code § Trans 206.04 Municipal street improvement {#sec-trans-206.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 206.04}

(1) Duties of all cities and villages. Each city and village shall establish and maintain a 5-year municipal street improvement plan which identifies projects eligible to be funded under the MSI entitlement. The plan shall be based on sound traffic and pavement management principles. It shall include a priority list of needs and a 5-year schedule of improvements.

(2) County municipal street improvement committees (cities and villages with populations of less than 20,000).

(a) In each county there shall be a county municipal street improvement committee to select city and village street improvement projects for the municipal street improvement component of the local roads improvement program. The CMSIC shall consist of not more than 5 chief executives or designees of villages and cities in the county with populations of less than 20,000. The committee shall be selected by all the chief executives or designees of all the villages and cities in the county with a population of less than 20,000. The committee shall select a chairperson from its members.

(b) The selection of the CMSIC shall occur biennially, in the odd-numbered years, not later than October 1. The term of office for each county municipal street improvement committee member shall be 2 years, and shall be from October 1 of the current odd-numbered year to September 30 of the next odd-numbered year.

(c) In addition to the village or city chief executive committee members, each CMSIC may include as a non-voting member the county highway commissioner.

(3) Duties of the cmsic. Each CMSIC committee shall perform the following:

(a) Send, no later than November 1 of each odd-numbered year, each LRIP project application form listing of all MSI projects planned for the current state biennium to the county highway commissioner.

(b) Determine, in a case where a proposed project under agreement cannot be built within the specified time frame, whether a substitute project should be put under agreement.

(4) Selection and duties of the chairperson of the cmsic. The chairperson of the CMSIC shall be selected by the members of the CMSIC no later than November 1 of each odd-numbered year. The duties of the chairperson shall include, but are not limited to, the following:

(a) Inform, by November 1 of each odd-numbered year, the secretary, in writing, of the name of the chairperson of the CMSIC.

(b) Convene the CMSIC when necessary.

(5) Duties of a city or village with a population of less than 20,000 with a msi project. Each city or village with a population of less than 20,000 with a MSI project shall perform the following:

(a) Execute, no later than April 1 of each odd-numbered year, an approved project agreement for each MSI project awarded to the city or village.

(b) Prepare all documents necessary to letting the LRIP project to competitive bid.

(c) Certify through the city or village’s chief executive, at the time the city or village requests reimbursement, that the work funded under the municipal street improvement program entitlement was performed in accordance with all applicable federal, state and local laws, rules, ordinances and standards.

(6) Duties of cities or villages with a population of 20,000 or more. Each city or village with a population of 20,000 or more shall perform the following:

(a) Administer the LRIP entitlement in accordance with this chapter.

(b) Send, no later than November 1 of each odd-numbered year, the LRIP project application form, listing all MSI projects planned for the current state biennium to the county highway commissioner.

(d) Execute, no later than April 1 of each odd-numbered year, an approved project agreement for each MSI project.

(e) Certify through the city or village’s chief executive, at the time the city or village requests reimbursement, that the work funded under the municipal street improvement program entitlement was performed in accordance with all applicable federal, state and local laws, rules, ordinances and standards.

(7) Cities or villages in more than one county.

(a)

Each city or village with a population of less than 20,000 and whose corporate limits extend into more than one county, shall select by September 1, 1992, which CMSIC it wishes to join. By September 1, 1992, the city or village shall notify, in writing, the secretary and all the affected CMSICs and county highway commissioners, which CMSIC it will join.
Any city or village with a population less than 20,000 not selecting a CMSIC by September 15, 1992, shall be assigned to a CMSIC by the secretary.

(b)

Each city and village with a population of 20,000 or more and whose corporate limits extend into more than one county shall select by September 1, 1992, which county it wishes any of its uncommitted entitlement to be assigned. By September 1, 1992, the city or village shall notify, in writing, the secretary and all the affected county highway commissioners, which county it wishes to assign its uncommitted entitlement.
Any city or village with a population of 20,000 or more not selecting a county by September 15, 1992, shall be assigned to a county by the secretary.

(8) Duties of the county highway commissioner. Each county highway commissioner shall perform the following:

(a) Convene and preside over the initial meeting of all the chief executives of villages and cities with populations of less than 20,000, to select the membership and chairperson of the CMSIC.

(b) Conduct contract lettings for the city or village with municipal street improvement projects upon the request of the city or village.

(9) Standards. All municipal street improvement projects funded under this chapter shall be designed and constructed using the state standards as described in the department’s facility development manual procedure 11-20-1 except as provided in s. Trans 206.03 (13).

History

Cr. Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § Trans 206.05 County highway improvement {#sec-trans-206.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 206.05}

(1) Duties of the county executive. Each county executive or designee, or where there is no office of county executive, the county board chairperson or the chairperson’s designee shall perform the following:

(a) Establish and maintain a 5-year program of county trunk improvement projects eligible to be funded from the county highway improvement entitlement of the local roads improvement program. It shall include a priority list of needs and a 5-year schedule of improvements.

(b) Send, no later than January 15 of each even-numbered year, to the department the LRIP project application form listing the CHI projects planned in the current state biennium.

(c) Execute, no later than April 1 of each odd-numbered year, an approved project agreement for each project that will be constructed in the current state biennium as a county highway improvement project.

(d) Certify that the county trunk improvement projects selected meet the eligibility requirements of this chapter.

(e) Determine in a case where a proposed project under agreement cannot be built in the specified time frame, whether a substitute project should be put under agreement.

(f) Determine whether to enter into agreements with other recipients of the local roads improvements to jointly fund eligible local road improvement projects.

(2) Standards. All county trunk improvement projects funded under this chapter shall be designed and constructed according to standards in ch. Trans 205 except as provided in s. Trans 206.03 (13).

History

Cr. Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § Trans 206.06 Town road improvement {#sec-trans-206.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 206.06}

(1) County town road improvement committees.

(a) In each county, there shall be a town road improvement committee that shall select improvement projects for the town road improvement component of local roads improvement program in the county.

(b) The CTRIC shall consist of no more than 5 town chairpersons or designees selected by all the town chairpersons or designees in the county, one of whom shall be designated as chairperson by the committee. The selection of each CTRIC shall occur biennially, in the odd-numbered years, not later than October 1. The term of office for each CTRIC member shall be 2 years, and shall be from October 1 of the current odd-numbered year to September 30 of the next odd-numbered year.

(c) In addition to the town chairperson members, each CTRIC may include as a non-voting member the county highway commissioner.

(2) Duties of the county tri committee. Each CTRIC shall perform the following:

(a) Submit, no later than November 1 of each odd-numbered year, to the county highway commissioner the LRIP project application form listing of TRI projects planned, and TRID project applications prioritized for the current state biennium.

(b) Determine in the case where a proposed TRI project under agreement cannot be built within the specified time frame whether a substitute TRI project should be put under agreement.

(c) Determine whether to enter into agreements with other recipients of the local roads improvement for the joint funding of eligible local roads improvement projects.

(3) Selection and duties of the chairperson of the ctric. The chairperson of the CTRIC shall be selected by the members of the CTRIC no later than November 1 of each odd-numbered year. The duties of the chairperson shall include, but are not limited to, the following:

(a) Notify, no later than November 1 of each odd-numbered year, the secretary of the name of the chairperson of the CTRIC.

(b) Convene the CTRIC when necessary.

(4) Duties of the towns. Each town participating in TRI and TRID shall establish and maintain as a minimum, a 2-year plan of improvements to the town roads eligible to be funded under the TRI and TRID components. The plan shall be based on sound engineering and management principles and life cycle cost criteria such as, but not limited to, the PASER program model. It shall include a priority list of needs and a 2-year schedule of improvements.

(5) Duties of towns with a tri or trid project. Towns with a TRI or TRID project shall perform the following:

(a) Execute, no later than April 1 of each odd-numbered year, an approved project agreement for each TRI project awarded to the town by the CTRIC or TRID project awarded to the town by the department.

(b) Prepare all necessary documents to let the LRIP project to competitive bid.

(c) Certify, by the town chairperson, at the time reimbursement is requested that the work was performed in accordance with all applicable federal, state and local laws, rules, ordinances and standards.

(6) Duties of the county highway commissioner. The county highway commissioner shall perform the following:

(a) Convene and preside over the initial meeting of all town chairpersons to select the membership and chairperson of the town road improvement program committee.

(b) Conduct contract lettings for a town with a TRI or TRID project upon the request of the town.

(7) Standards. All town road improvement projects funded under this chapter shall be designed and constructed using the state town road standards as described in ch. Trans 204, except as provided in s. Trans 206.03 (13).

History

Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (2) (a) and (b), (4), (5) (intro.), (a), (6) (b), Register, December, 1994, No. 468, eff. 1-1-95.

Wis. Admin. Code § Trans 206.07 County highway improvement program districts and committees {#sec-trans-206.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 206.07}

(1) County highway improvement program district committees. In each county highway improvement program district, there shall be a county highway improvement program district committee. The committee shall consist of no more than 5 county executives or the county executive’s designee or when there is no office of county executive, county board chairpersons or the chairperson’s designee from counties in the district. The committee shall be chosen by all the county executives or the executive’s designee or when there is no office of county executive, the county board chairperson or the chairperson’s designee in the district. The committee members shall serve 2-year terms beginning October 1 of the odd-numbered years and ending September 30 of the next odd-numbered year. The secretary or designee shall serve as a non-voting member of each county highway improvement program district committee.

(2) Duties of the county highway improvement district committee. The county highway improvement district committee shall perform the following:

(a) Establish criteria for the selection of CHI projects to be funded from uncommitted entitlements of member counties.

(b) Select, no later than January 15 of each even-numbered year, CHI projects to be funded from uncommitted entitlements from within the district from the member counties CHI project lists.

(3) Selection and duties of the chairperson of the county highway improvement program district.

(a) The chairperson of the county highway improvement program district committee shall be selected from the district committee members.

(b) Selection shall occur by October 1 of each odd-numbered year.

Preside over the meetings of the committee.
Convene a meeting of the committee as needed.
Convene and preside over a meeting of all county executives or county executives’ designees or when there is no office of county executive county board chairpersons or the chairpersons’ designees in the district, no later than October 1 of each odd-numbered year, for the purpose of selecting committee members and a chairperson for the next 2-year period.

(d) Inform in writing, no later than November 1 of each odd-numbered year, the secretary and all county executives or the county executives’ designees or when there is no office of county executive, county board chairpersons or the chairpersons’ designees in the district of the committee membership.

(e) Inform the secretary and all county executives or county executives’ designees or when there is no office of county executive, county board chairpersons or the chairpersons’ designees in the district, no later than January 15 of each even-numbered year, of the committee’s selection of projects in the district to be funded with the uncommitted entitlements of counties CMSIC, CTRIC, and municipalities with a population of less than 20,000 in the district.

(4) Eligible projects. Any improvement to the county trunk system in any of the counties within the county highway improvement program district is an eligible project, provided the county has complied with the provisions of the chapter pertaining to the county highway improvement component.

(5) Selected projects. A county trunk improvement project selected for funding under this chapter shall be constructed under the provisions of s. Trans 206.05. The county executive or county executive’s designee or when there is no office of county executive the county board chairperson or county board chairperson’s designee from the county of the selected project shall be responsible for the development and construction of the project and the certification that the project constructed complies with the provisions of the county highway improvement component.

Note: Forms can be obtained from the Wisconsin Department of Transportation, Division of Highways, P.O. Box 7916, Madison, WI 53707-7916.

History

Cr. Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § Trans 206.08 Statewide town road improvement discretionary committee {#sec-trans-206.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 206.08}

(1) There shall be one STRIDC. The committee shall consist of members appointed by the secretary and have geographically balanced representation. The committee members shall serve 2-year terms beginning October 1 of the odd-numbered years and ending September 30 of the next odd-numbered year. The secretary or designee shall serve as a non-voting member of each statewide town road improvement discretionary committee.

(2) The statewide town road improvement discretionary committee shall perform the following duties:

(a) Establish criteria for the selection of TRID projects. These criteria shall include, but are not limited to, safety, reconstruction, traffic volume and type, and multi-jurisdictional projects.

(b) Select, no later than March 1 of each even-numbered year, TRID projects to be funded statewide.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95.

Chapter Trans 207 DESIGN AND CONSTRUCTION OF MUNICIPAL HIGHWAY BRIDGES IN OR OVER NAVIGABLE STREAMS

Wis. Admin. Code § Trans 207.01 Purpose {#sec-trans-207.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.01}

The purpose of this chapter is to interpret and implement s. 84.01 (23), Stats., relating to providing standards and specifications for the design and construction of municipal public highway bridges, arches, and culverts over and in navigable streams to prevent undue impairment of public rights in navigable waters. In adopting these standards the department of transportation has followed these general guidelines.

(1) Constructing authorities are not empowered to block passage completely on any navigable stream, but on the other hand it is unreasonable to expect that unlimited overhead clearance be allowed on all streams. This means that a consideration of navigation blockage usually narrows to a question of degree of restriction: “How much physical restriction is possible at the site without preventing the movement of people, goods, and equipment that would reasonably be expected to pass through the site?”

(2) A constructing authority, in developing a rationale for partial restriction, shall not base such a rationale solely on highway needs and bridge costs but also on the fact that some sort of navigation is possible through the site and it will be accommodated by the proposed highway-water crossing.

(3) In an area only accessible by canoes, a drainage structure could conceivably be placed which was too small to accommodate a canoe. A portage route would have to be available, however, which was freely open to the public. In this way “passage” is assured for the type of navigation reasonably expected at the site.

(4) The portage concept is only reasonable in an area where the craft and equipment concerned can reasonably be carried by one or 2 persons for a short distance.

(5) In some cases, providing a sufficient pass-through clearance for vessels and flood water will still not be enough to accommodate the associated incidents of navigation. For example, it may be in the public interest to span an area of critical habitat as well. All of the pertinent factors encountered at each highway-water crossing must receive due consideration.

(6) New highway bridges or replacements of existing highway bridges over or in navigable waters shall minimize alteration of critical features of water habitats.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Wis. Admin. Code § Trans 207.02 Applicability {#sec-trans-207.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.02}

(1) County, town, village and city highway bridges.

(a) Pursuant to s. 84.01 (23), Stats., the standards in this chapter apply to the construction of county, town, village, and city highway bridges, arches, and culverts in or over navigable streams. The standards do not apply to projects under the supervision of the department that are done in compliance with s. 30.2022, Stats.

(b) These standards also apply to highway approaches to structures, but only within the physical areas defined in sub. (2) and only to those features of the proposed construction which would have an effect on water quality and other water-related aspects as described in this chapter.

(2) Applicable area limits of highway approaches to structures.

(a) All portions of a highway-water crossing which are proposed for construction and lie within the floodplain are within the purview of these standards, except that in those cases where the highway approach lies roughly parallel to the waterway but within the flood plain, the portion of highway approach under the purview of these standards shall approximate the distance from the structure abutment to the floodplain limit assuming a right-angle crossing.

(b) It is not the intent of these standards that the scope of what is proposed for construction be expanded solely for the purpose of including portions of existing adjacent roadways which are within the limits of the floodplain and not in conformance with the erosion control criteria established in s. Trans 207.09 except that overflow sections shall be addressed as provided in s. Trans 207.09 (3) (b).

(3) Permits from federal agencies. In addition to complying with these standards, it may be necessary for constructing authorities to obtain permits from federal agencies such as the U.S. coast guard and the U.S. army corps of engineers.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 207.03 Responsibilities of constructing authorities {#sec-trans-207.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.03}

(1) Prior to the execution of construction contracts or work orders a certification shall be made by the constructing authorities that the standards of this chapter have been observed in the project design and will be observed through the construction phase.

(2) Town boards or village boards receiving county aid for construction under the provisions of s. 82.08, Stats., may defer responsibility of certification to the county if full charge of the work has been left to the county highway committee as set forth in s. 82.08 (5), Stats.

Note: Responsible officials should be aware that structures shall conform to this chapter to obtain funding under s. 82.08 (6), Stats.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81; corrections in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675

Wis. Admin. Code § Trans 207.04 Definitions {#sec-trans-207.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.04}

(1) “Active stream erosion zone” means that portion of the roadway embankment at bridge abutments or ends of culverts and arches which, in conjunction with the structure, gives shape to the waterway opening and is directly exposed to flowing water during a regional flood or lesser flows. (See Figures 1, 2 & 3). Boundaries of this zone are as follows:

(a) Lateral or side boundaries lie on each side of the stream running roughly parallel to it. For bridges these boundaries are located 10 feet behind (away from the stream) each abutment face. For culverts and arches they are located 10 feet behind the inside face of the walls nearest the stream bank.

(b) The upper boundary is 2 feet above the surface of the water occurring at the time of the regional flood, upstream and downstream.

(c) The upstream boundary or limit is defined to be located at the farthest upstream disturbance to the stream-bed by construction activities.

(d) The downstream boundary or limit is defined to be located at the farthest downstream disturbance to the stream-bed or the point that stream current velocities have stabilized to the natural current conditions of the stream, whichever is further downstream.

(2) “Clearance” means the distance between the inside top of the culvert or the bottom of the lowest member of the bridge span and the elevation of the ordinary high watermark of the waterway.

(3) “Conceptual plan” means preliminary drawings, maps, and sufficient amplifying material to illustrate the intended action.

(4) “Constructing authorities” means the responsible governing bodies of counties, towns, villages, and cities as they may act or appropriately delegate.

(5) “Department” means the Wisconsin department of transportation.

(6) “Erosion bale” means a bale of straw, hay or other suitable material designed to form checks or dikes to control erosion.

(7) “Floodplain” as defined by ch. NR 116 and this chapter means the land which has been or may be hereafter covered by flood water during the regional flood.

(8) “Highway bridge”, for the purposes of this rule, means any city, town, village, or county-owned bridge, arch, or culvert built in or over a navigable stream for public highway purposes.

(9) “Highway water crossing” means that combination of highway bridge and roadway necessary to provide a public highway across, over, or in navigable streams.

(10) “Minor replacement” means the simple replacement of an existing structure with an equivalent or larger sized manufactured structure in approximately the same location. To be classified in this category a highway-water crossing must meet all of the following conditions:

(a) The cross-sectional area of the existing structure must be no greater than 50 square feet.

(b) The gradeline of any existing overflow sections, as defined in s. Trans 207.04 (12), passing a portion of the regional flood will not be raised.

(c) The existing highway water-crossing must have a history of adequately passing flood water and be free of significant controversy concerning public rights in navigable waters.

(d) Below the regional flood level the proposed road grade and structure must have water passing characteristics at least as effective as the existing road grade and structure.

(e) The proposed structure must be manufactured away from the site, but can be assembled at the site. Constructing authorities can construct concrete structures poured at the site, but these cannot be classified as “minor replacement”.

(11) “Ordinary high watermark” means the point on the banks or shore up to which the presence and action of water is so continuous as to leave a distinct mark either by erosion or destruction of terrestrial vegetation, or other easily recognizable characteristics.

Note: “Ordinary high watermark” originated in a 1914 Wisconsin supreme court case (Diana Shooting Club v. Husting) and has been a principal consideration in state regulation of navigable waterways since that time. It is the landward limit of the bed of a navigable body of water. This standard relies directly on the ordinary high watermark concept.

(12) “Overflow section” in a highway-water crossing means a segment of the highway gradeline which will be low enough to allow a portion of the streamflow to pass over the top of the roadway as a relief to the structure during periods of high water.

(13) “Public highway” means any highway, road, street or alley which is open for public use and is maintained and administered by any county, town, village or city.

(14) “Regional flood” means a flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. This definition is intended to parallel the definition of “regional flood” found in s. NR 116.03 (24) as of August 1, 1980.

(15) “Riprap” means a quantity of durable stones or concrete pieces of varying size and shape, placed as a protective layer over soil in such a manner that the smaller pieces fill the spaces between the larger pieces. Concrete pieces are less desirable than stones for this use and those with exposed reinforcing rods shall not be used.

(a) Regular riprap stone pieces for regular riprap, except those used for chinking, shall range in weight from approximately 25 to 150 pounds, with not less than approximately 50% of the pieces weighing more than 60 pounds. Regular riprap shall be at least 12 inches in thickness, measured perpendicular to the slope.

(b) Heavy riprap stone pieces shall range in weight up to 400 pounds or more. Not less than approximately 50% of the total volume shall consist of pieces weighing 150 pounds or more, and not less than approximately 80% of the total volume shall consist of pieces weighing 40 pounds or more. Heavy riprap may be placed by any mechanical means which will produce a reasonably uniform surface texture. Heavy riprap shall be not less than 24 inches in thickness.

(16) “Waterway” means any stream which is navigable pursuant to s. 30.10, Stats.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Wis. Admin. Code § Trans 207.05 Requirements of a conceptual plan {#sec-trans-207.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.05}

(1) If a highway-water crossing is a minor replacement as described under s. Trans 207.04 (10), the conceptual plan need only consist of a county map noting the site location and sufficient information to establish that the proposal meets the conditions set forth under s. Trans 207.04 (10). As a minimum, this would be a description of the existing and proposed structure with a comparative flowline elevation.

(2) All other replacements shall require the following information as part of the conceptual plan:

(a) Site Map with a minimum scale of 1″= 660′ and a minimum area of coverage must include the width of the floodplain and extend 1⁄4 mile upstream and 1⁄4 mile downstream from site. Principal topographic features and the proposed highway and structure layout shall be shown. Contours are desirable but not mandatory. They can be aerial photos or based on an aerial photo.

Note: Appropriate sources for maps include those from USGS and ASCS.

(b) Profiles along centerline of roadway and center of stream bed, showing groundline, stream bottom, finished grade of road, elevation of upstream regional flood water if known, datum elevation, and at least one identifiable bench mark and reference elevation.

Note: Datum elevation may be mean sea level or locally assumed.

(d) If the proposed structure is the replacement of an existing structure, sketch and describe the existing structure. Show an existing hydraulic cross-section of the structure including any related roadway overflow sections which form the waterway opening passing the regional flood.

(e) Data shall include general dimensions, type and material of proposed structure, hydraulic data including regional flood backwater at the structure, if known, type of roadway fill, temporary and permanent erosion control features, elevation of water surface profile which has been established by zoning ordinance if any, and muck and peat excavation and disposal.

Note: All or part of these requirements may be waived as stated in s. Trans 207.11.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Wis. Admin. Code § Trans 207.06 Required navigational clearance {#sec-trans-207.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.06}

(1) New structures or replacements of existing highway structures in or over navigable waterways shall, except as set forth herein, maintain a clearance of not less than 5 feet.

(2) More clearance than 5 feet is necessary when the waterway has been, or is likely to be navigated when water levels are above the ordinary high watermark elevation or when the waterway is used by craft requiring greater clearance.

(3) Less than 5 feet of clearance may be sufficient when:

(a) The waterway is known to have little or no navigational use;

(b) The waterway is not anticipated to have navigational use by other than lightweight craft;

(d) The reduced clearance is not detrimental to the public interest.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Wis. Admin. Code § Trans 207.07 Flood flow requirements {#sec-trans-207.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.07}

New highway structures or replacements of existing highway structures and approaches over or in navigable waters shall conform with the requirements of ch. NR 116. Such structures shall comply with any applicable local floodplain or other zoning ordinance.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Wis. Admin. Code § Trans 207.08 Waterway alterations {#sec-trans-207.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.08}

Nothing in these rules authorizes any permanent or temporary change in the course of a navigable stream, or removal of material from the bed of any waterway without proper authority from the department of natural resources under ss. 30.195 and 30.20, Stats. Excavation in the stream bed, sufficient to place structure elements, is considered a necessary part of placing the structure.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Wis. Admin. Code § Trans 207.09 Erosion control {#sec-trans-207.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.09}

(1) Protection of exposed earth slopes, slope steepness limits, and areas of required treatment described in this section constitute the minimum erosion control treatment required, although they should be adequate for most streams. Consistent with sound erosion control practices, however, each site shall be evaluated on its own merits and notwithstanding s. Trans 207.02 (2) (a), the area of protection shall be increased to minimize siltation of navigable waters. Constructing authorities shall be guided by those provisions of the Standard Specifications for Road and Bridge Construction of the Wisconsin Department of Transportation (Edition of 1975) regarding erosion control. Copies of this volume may be obtained from the Wisconsin Department of Transportation, Construction Section, P.O. Box 7916, Madison, Wisconsin 53707, and are also on file at the offices of the Department of Transportation, (4802 Sheboygan Avenue, Madison), the Secretary of State (244 W. Washington Avenue, Madison), and the Legislative Reference Bureau (Suite 200, One East Main Street, Madison).

(2) Within active stream erosion zone.

(a) Bridges. (See figures 1 and 2.) All exposed earth slopes which are part of the highway embankment or cut in the immediate structure area shall be protected with heavy riprap or equally effective erosion control treatment if such slopes are steeper than 6:1. The maximum earth slope steepness shall be 1-1⁄2:1.

(b) Culverts and arches. (See figure 3)

Upstream—When water velocities and/or soil conditions warrant such, the upstream end shall have end walls or suitable inlet devices to maintain a stabilized, non-erosive stream gradient upstream and to facilitate blending of earth fill slopes to the structure. Earth fill slopes shall be no steeper than 2:1 and, as a minimum, shall be blanketed with topsoil and established with grass cover. If earth slopes will be exposed to erodible water velocities they shall be protected with regular riprap or equally effective erosion control material. Culverts and arches functioning under hydraulic high-velocity, inlet-control conditions subject to soil washout along the outside of the barrel shall be equipped with a suitable barrel collar near the inlet end.
Downstream—When water velocities discharging from the structure exceed that of the natural current immediately downstream and erosion is probable, the downstream end shall have end walls or devices to facilitate blending of fill-slopes to the structure with a maximum earth-slope of 2:1. All earth slopes shall be blanketed with topsoil and established with grass cover. Sufficient stream bottom protection and energy-dissipation devices shall be used to establish flow conditions which are compatible with the natural conditions without appreciable erosion of the streambed. Such devices can be regular riprap, heavy riprap, concrete pavement with or without energy-dissipating blocks, ponded outlets, or combinations of these or similar devices. Sufficient cut-off walls to preclude water undermining of pavement slabs or the structure shall be utilized.

(c) Streambanks—All exposed earth streambank slopes which are shaped, disturbed, or created to properly fit the stream to the structure shall be blanketed with riprap or equally effective erosion control treatment if such slopes are steeper than 4:1. The maximum slope steepness shall be 2:1. All such slopes which are 4:1 or flatter shall, as a minimum, be blanketed with topsoil and established with grass cover, except that in areas where the curvature of the stream is such that the flow is directed against the streambank, riprap or equally effective erosion control treatment shall be employed. This paragraph applies to all streambanks within the active stream erosion zone except in the immediate structure area where the highway approach embankment or cut acts as the streambank.

(3) Outside active stream erosion zone.

(a) Embankments—For roadway approaches to the structure between the active stream erosion zone and the floodplain limit as described under s. Trans 207.02, maximum steepness of fill slopes and minimum erosion control measures shall conform to Table 1.

(b) Overflow Sections—When water will periodically overtop the road, from the regional or lesser floods, constructing authorities shall evaluate the frequency of overtopping, probability of road washout, and the probable detrimental effects of such a washout, including siltation of sensitive environmental and other areas. When the probable adverse effects are demonstrably worse than would be expected from the natural stream actions at equivalent flood stages, sufficient erosion control measures shall be employed to control or diminish the washout.

(c) Roadside and crossroad drainage discharging onto floodplain or into navigable waters—Roadside ditches in the flood plain shall, as a minimum, be covered with topsoil and established with grass. Mulching or other treatment, as necessary, shall be used to control erosion until grass is established. For ditch grades steeper than 1%, and where erosive soil conditions exist, combinations of sod, paved ditch, riprap, check dams or other similar devices shall be used as necessary to preclude, as far as practicable, siltation of navigable waters. Areas where roadside drainage discharges onto the floodplain or into the stream shall be provided with suitable erosion control devices to maintain a stable, non-erosive condition.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 207.10 Construction methods {#sec-trans-207.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.10}

(1) Temporary navigational clearance. In the placement of all construction forms, bracing, and falsework in or over navigable waters, as much clearance as is practicable shall be provided, consistent with the character and volume of navigational traffic and the duration of the construction phase.

(2) Temporary waterway opening. Consistent with stream flows reasonably predictable during the time period of use, temporary structures shall have sufficient waterway opening, either inherent in the structure or combined with an overflow area, to prevent damage from back-up of water and downstream siltation due to washout or scouring of temporary facilities.

(3) Temporary erosion control. Constructing authorities shall ensure that contractors or municipal employees perform all construction activities in such a way as to minimize the contamination of the stream by silt, debris, or toxic materials. Temporary erosion control measures such as ditch dams, settling ponds, erosion bales, and others shall be used for this purpose. When erosion bales are used, they shall be placed in accordance with Figure 4.

(4) Timing of construction. Construction activities shall be undertaken and planned for completion during such seasons and weather conditions as to minimize adverse impacts on fish spawning activities, flood water elevations, and public recreation activities.

(5) Removal of old structures.

(a) Old structures shall be removed if they are no longer to be used for highway purposes unless it is deemed to be in the public interest to leave such structures intact for recreational or other use. In such cases the structure no longer has the legal status of a highway structure. Firm arrangements shall be made for future responsibility and maintenance if structures are to remain in place.

(b)

When structures are removed, all substructure units shall be removed to an elevation 2 feet below the groundline remaining after any shaping in above-water areas, and level with the stream bed elevation in submerged areas.
Old abutment fills shall be shaped so as to blend into the adjoining terrain.
If unusual circumstances appear to warrant leaving old substructure units or abutment fills within the area defined by the ordinary high watermark and at a higher elevation than the stream bed elevation, constructing authorities must notify the department of natural resources and obtain concurrence that to do so is in the public interest.

(6) Excavation and disposal of peat, mulch, or other unsuitable embankment or foundation material.

(a) Excavation of organic or other material found not suitable to carry embankment loading shall be done in such a manner so as to preclude, as far as practicable, washing of piled-up material into navigable waters. Sufficient crossroad and toe of fill drainage shall be provided to maintain the natural continuity of ground water flow. The extent of lateral upheaval shall be estimated and shall be considered as part of the effects which may necessitate changing locations or taking other mitigating measures.

(b) Organic and unsuitable material may normally be disposed of on the sides of embankments, unless a sensitive or unique environmental situation necessitates removal and disposal on a less sensitive site. Highly polluted or toxic materials excavated must be disposed of under state laws and regulations governing such material.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Wis. Admin. Code § Trans 207.11 Notification to department of natural resources {#sec-trans-207.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.11}

(1) In the early stages of consideration of a proposed construction or reconstruction of a highway structure in or over navigable waters, constructing authorities shall notify the appropriate district office of the department of natural resources of the intended construction. Such notice shall consist of a conceptual plan. The constructing authority may request information concerning ordinary high watermark elevation, and the navigational clearance considered appropriate for the site and critical habitat that may be affected by the project, including water and wetland habitat, and spawning and nesting areas. All or part of the conceptual plan requirements may be waived by the department of natural resources if early coordination reveals, in its opinion, that planned activities have no adverse effect.

(2) The department of natural resources shall have 30 days to comment and may, for good cause, request an extension of 10 days. If no response or request for extension is received within the 30-day period, or if an extension is granted and no response is received during the 10 days, project development may proceed as planned. If environmental concerns are noted, constructing authorities shall examine such concerns and act in such manner as to prevent undue impairment of public rights in navigable waters.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Wis. Admin. Code § Trans 207.12 Public notices {#sec-trans-207.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.12}

(1) If a proposed structure is a new structure, or will be a reduction of existing navigation clearance, or is replacement of an existing structure which is in itself the limiting obstruction, a Class I legal notice shall be published, and public notices shall be posted in conspicuous locations in the locality of the proposed structure. Such notices, giving the facts and place where public comments may be received, shall be published and posted at least 30 days prior to the decision on navigational clearance by the constructing authority. Public notice is not required for a minor replacement.

(2) Requirements for public notices may be combined with other requirements for similar notices relating to the proposed structure or the associated highway construction.

(3) The department of natural resources shall make a record of all project notifications received under s. Trans 207.11, and shall furnish a copy of this record on a monthly basis to any person upon written request.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Wis. Admin. Code § Trans 207.13 Enforcement {#sec-trans-207.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 207.13}

Municipalities are subject to proceedings which may be initiated under the Wisconsin Statutes.

Note: For example, under s. 30.03, Stats., the department of natural resources may hold a hearing on a possible violation of a statute relating to navigable waters or a possible infringement of the public rights therein and may thereafter order the performance of actions it deems necessary to protect the interests of the public.

History

Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Chapter Trans 208 STATE TRUNK HIGHWAY LOCATION PROCESS

Wis. Admin. Code § Trans 208.01 Purpose and scope {#sec-trans-208.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 208.01}

(1) In accordance with s. 84.02, Stats., the purpose of this chapter is to set forth the methods used by the department of transportation for establishing state trunk highway locations that most efficiently serve Wisconsin’s transportation needs.

(2) This chapter shall apply whenever a location alternative involving realignment, relocation or addition to the state trunk highway system is evaluated as part of any project development process under ch. Trans 209.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85.

Wis. Admin. Code § Trans 208.02 Definitions {#sec-trans-208.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 208.02}

(1) Words and phrases defined in ch. Trans 209 are used in the same sense in this chapter unless a different definition is specifically provided:

(2) In this chapter:

(a) “Chief design engineer” means the principal engineer who heads the department’s design section.

(b) “Engineering review” includes reviewing, refining and evaluating location alternatives.

(c) “Locating” means those activities within the department’s facilities development process leading to a decision by the secretary to retain, realign or relocate the existing highway or to add a new segment of highway to the state trunk highway system.

(d) “Public involvement” includes contacts with potentially affected property owners, elected representatives, local officials, area planning organizations, outside agencies, interested citizens, and holding public information meetings.

(e) “Realign” means a minor alteration of the existing highway location brought about through the department’s adoption of orders and maps or plats (termed “relocation orders”) in accordance with the provisions of s. 84.09, Stats.

(f) “Relocate” means any change in the existing highway location that is more extensive than a realignment.

(g) “State trunk highway system” (STH) means the system of trunk highways administered by the department pursuant to chapter 84, Stats.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85.

Wis. Admin. Code § Trans 208.03 Location procedure {#sec-trans-208.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 208.03}

(1) The department shall determine the locations of state trunk highways (STH) as part of the overall process for developing a STH improvement program in accordance with ch. Trans 209. Identification of deficiencies in the STH system shall be undertaken by the regions in accordance with the programming procedures set forth in ch. Trans 209.

(2) The elements pertaining to establishment of STH locations shall be as follows:

(a) Concept definition report;

(b) Investigation; and

(3) Application of these process steps may vary based upon the needs and circumstances of each individual improvement project.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 208.04 Concept definition {#sec-trans-208.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 208.04}

(1) The department shall document the perceived need for an improvement project through preparation of a report termed the “concept definition report.” This report presents the initial concepts of the proposed improvement project and sets forth:

(a) Where the proposed improvement project is geographically located;

(b) Why the improvement is needed; and

(2) The concept definition report is completed as a part of the project development process under ch. Trans 209 and is submitted to the central office, division of highways and transportation facilities.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85.

Wis. Admin. Code § Trans 208.05 Investigation {#sec-trans-208.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 208.05}

(1) Upon acceptance of the concept definition report by the chief design engineer, the department shall formally investigate location alternatives. Although the extent of such activities are variable and depend upon the scope and nature of each project, they shall include the following:

(a) Initiation of dialogue with affected public representatives, private individuals and groups; and

(b) Assembly and correlation of relevant highway, land and environmental data in the project area.

(2) Based on information acquired in sub. (1), the department may proceed to develop location project alternatives which are consistent with approved project concepts and highway policies, standards and guides. Engineering experience and judgment are called upon in developing alternatives which may include:

(a) Retention of the existing STH location for the project;

(b) Realignment of one or more segments of the existing STH system within the expected project limits;

(d) Addition of one or more new segments of STH to the system.

(3) The project alternatives are subsequently refined, estimates of their respective production costs are prepared, and the features of each are analyzed and compared.

(4) The region shall then appropriately document the social, economic and environmental impacts of each alternative.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 208.06 Determination {#sec-trans-208.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 208.06}

(1) Location determination activities include:

(a) Continuation of public involvement;

(b) Final engineering review of the alternatives;

(d) Recommending a location.

(2) In those instances where only retention or realignment are recommended, the recommendation is submitted to the chief design engineer for approval.

(3) In those instances where STH relocation or addition is recommended, a study report shall be prepared. This report shall include:

(a) Documentation of past location activities;

(b) Description of the alternatives considered; and

(5) This report shall be submitted to the chief design engineer for review and recommendation. It shall then be submitted to the administrator of the division of highways and transportation facilities and the secretary for approval of the STH location.

History

Cr. Register, February, 1985, No. 350, eff. 3-1-85.

Chapter Trans 209 HIGHWAY AND BRIDGE PROJECT SELECTION PROCESS

Wis. Admin. Code § Trans 209.01 Purpose {#sec-trans-209.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.01}

In accordance with s. 85.025, Stats., this rule sets forth the process and criteria used by the department of transportation for evaluating and selecting state trunk highway and bridge improvement (construction) projects.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81.

Wis. Admin. Code § Trans 209.02 Applicability {#sec-trans-209.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.02}

The procedures in this rule are to be applied so as to avoid conflict with the special statutory obligations of the department to comply with criteria and standards of federal agencies for obtaining and using federal funds (ss. 84.015, 84.03, Stats.).

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81.

Wis. Admin. Code § Trans 209.03 Definitions {#sec-trans-209.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.03}

(1) “Central office” means the transportation administrative office located in Madison.

(2) “Deficiency” means a less than standard condition in one or more of a number of highway or bridge physical or operating conditions or characteristics.

(3) “Department” means the Wisconsin department of transportation.

(4) “Federal aid” means the aids that the federal government makes available to Wisconsin for highways.

(5) “Geometrics” means the horizontal (width, curvature) and vertical (grade) design elements of highway and bridge facilities.

(6) “Improvement level” means the type of construction improvement. It can range from resurfacing to complete reconstruction of a highway and either rehabilitation or replacement for bridges.

(a) “Resurfacing” means placing a new surface on existing roadway to provide a better all weather surface, a better riding surface, and to extend or renew the pavement life. It generally involves no improvement in capacity or geometrics. Resurfacing may include some elimination or shielding of roadside obstacles, culvert replacements, signals, marking, signing and intersection improvements. Usually no additional right-of-way is required; except possible minor acquisition for drainage and intersection improvements.

(b) “Recondition” means work in addition to resurfacing. Minor reconditioning includes pavement widening and shoulder paving. Major reconditioning includes improvement of an isolated grade, curve, intersection or sight distance problem to improve safety. Major recondition projects may require additional right-of-way.

(c) “Reconstruction” means total rebuilding of an existing highway to improve maintainability, safety, geometrics and traffic service. It is accomplished basically on existing alignment, and major elements may include flattening of hills and grades, improvement of curves, widening of the roadbed, and elimination or shielding of roadside obstacles. Normally reconstruction will require additional right-of-way.

(d) “Bridge rehabilitation” means the preservation or restoration of the structural integrity of an existing bridge as well as work to correct safety defects.

(e) “Bridge replacement” means the building of a new bridge to replace an existing bridge.

(7) “Interstate project” means projects constructed on an interstate designated highway.

(8) “Major project” means projects that result in new or significantly altered highways. Such projects typically involve the continuous relocation of a highway segment 2.5 miles or more in length; the addition of traffic lanes 2.5 miles or more in length; or unusually high cost.

(9) “Pavement serviceability index” (PSI) means a numerical measure of the quality of a car ride on a given pavement as determined by an electro/mechanical instrument. It ranges from poor (0-1) to excellent (4-5).

(10) “Policy planning” means the analysis of the many issues that may affect the State’s transportation system and the development of the department’s policies in regard to those issues.

(11) “Program” means a multi-year schedule of proposed projects.

(12) “Programming process” means the detailed assessment of specific policy and program choices necessary to develop a program.

(13) “Project” means a proposed improvement to a segment of a state trunk highway or a bridge.

(14) “Project alternatives” means the varying improvement levels that are identified as relevant for a project.

(15) “Project development” means the process from inception of a project to the contracting for construction of the project. It includes data collection, deficiency analysis, surveys, design, preparation of plans and contract documents and right-of-way acquisition.

(16) “Secretary” means the secretary of the department of transportation.

(17) “System planning” means system-wide analysis of highway facilities and assessment of system deficiencies and potential improvements in light of a range of assumptions about the future.

(18) “Transportation region office” means one of the departmental administrative offices under the division of transportation system development located throughout the state.

History

Cr. Register, September, 1981, No. 308, eff. 10-1-81; correction in (18) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 209.04 Policy goals {#sec-trans-209.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.04}

(1) The overall goal for the department shall be to address highway transportation needs as efficiently as possible to achieve optimum utilization of available funds. This shall be accomplished by:

(a) Maximizing the use of existing highways and bridges and thus minimizing the need for new highways and facilities.

(b) Utilizing a highway’s surface life before improving the facility, where practical.

(d) Emphasizing the correction of safety-deficient segments of the highway system.

(e) Seeking to resolve facility-related problems that inhibit economic vitality and growth.

(f) Encouraging the staging of improvement projects to minimize the initial investments required while maintaining flexibility to meet longer range needs at a later date.

(g) Utilizing federal aids to the greatest extent reasonable.

(h) Minimizing negative effects on the surrounding communities and on the natural environment.

History

Cr. Register, September, 1981, No. 308, eff. 10-1-81.

Wis. Admin. Code § Trans 209.05 Process objectives {#sec-trans-209.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.05}

(1) The department shall perform project evaluation and selection as a necessary component of its programming process in the following general areas: bridge projects, 3R (resurfacing, recondition and reconstruction) highway projects, interstate projects, and major projects. The objectives of the programming process shall be to:

(a) Provide policy and program choices for the department by evaluating and comparing the benefits and costs of various alternatives for preserving, rehabilitating and improving the highway system.

(b) Furnish information to assess whether available revenues can provide adequate highway and bridge facilities over the long term.

(c) Define a specific program as a target for departmental efforts that ensures efficient use of staff and funds and which accounts for the lead times involved in project development.

(d) Ensure that investment decisions are consistent with statewide objectives by developing systematic criteria and procedures for identifying deficiencies, developing proposed solutions, and selecting projects.

(e) Facilitate the implementation of the department’s policy and system plans.

(f) Inform the public of the department’s intentions and provide an opportunity for public review and comment.

(g) Provide a basis for coordinating the department’s efforts with the planning, programming and budget activities of other state, national, regional, and local agencies.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81.

Wis. Admin. Code § Trans 209.06 Programming guidelines {#sec-trans-209.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.06}

(1) The department shall develop a program within estimated levels of revenue for a prescribed time period as part of a four level decision-making process that includes broad policy planning, system planning, programming and project development (Figure 1).

(2) The programming process shall define a means of project evaluation and selection utilizing the following basic guidelines where appropriate:

(a) Considering alternative program levels to illustrate the cost impacts and benefits of varying program levels.

(b) Utilizing indicators that measure deficiencies to identify candidate improvement projects and the appropriate level of improvement, considering the variation in fund availability.

(c) Achieving adequate surface renewal projects to preserve the overall system serviceability and rideability. The level of surface renewal mileage is defined through analysis of the pavement serviceability index and pavement age.

(d) Replacing or rehabilitating deficient bridges by considering load carrying capacity, physical condition and restrictive or dangerous widths, clearances or approach roadways and coordination with other programmed work.

(e) Distributing funds equitably statewide.

(f) Considering major projects where benefit/cost analysis is favorable, where there is the possibility of significant social and economic benefits and where there is a high degree of public support and acceptability.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81.

Wis. Admin. Code § Trans 209.07 Candidate project identification process {#sec-trans-209.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.07}

(1) General description. Candidate project identification is accomplished within the overall framework of developing the highway and bridge improvement program. The department shall identify both the surface, structure, safety, geometric or capacity deficiencies, singly or in combination, and the alternative improvement levels to correct or reduce the deficiencies.

(2) Responsibilities. The transportation region offices, with the guidance from the central office, shall take the lead role in identifying candidate projects for the resurfacing, reconditioning, reconstruction, interstate, major and bridge program areas. The regions shall provide the regional and local viewpoints and knowledge of unique local conditions to program development.

(3) Collect and develop data. The department shall maintain a system of uniform data collection for segments of the highway system. This data shall be used for comparison and evaluation purposes to assist in determining that the most appropriate and beneficial candidate projects and improvement levels are selected. This data shall be updated, as necessary, for the recycling of the program. The following data will be collected and developed where appropriate:

(a) Highway data

Pavement surface type
Year surfaced
Widths: right of way, travel lane, pavement, shoulders, median, and parking lane
Lanes: travel and parking
Driveways
Posted speed
Pavement serviceability index (PSI)
Accident information
Curves with limited stopping sight distance
Steep grades
Percent no passing zone
Average daily traffic
Forecast average daily traffic
Hourly vehicle data and hourly capacity
Parking restrictions
Terrain
Access control
Maintenance problems

(b) Bridge data

Deck condition: expansion and construction joints
Superstructure: main load carrying members, floor system
Substructure condition: abutments, piers, bents
Waterway condition: adequacy of opening, flooding, debris present
Approaches condition: roadway condition, horizontal and vertical sight distance
Capacity condition: design, inventory and operating load, posting, maximum vehicle weight, load rating basis, overburden depth
Field inspection and office appraisal rating

Land use
Right-of-way required
Housing and business units required
Farms affected
Land required: agricultural, wetland and upland habitat
Habitat replaced
Endangered species
Air quality effects
Noise level impacts
Energy consumption

(4) Identify candidate projects. Candidate projects may originate from the following sources:

(a) Segments which have one or more deficiencies based on the analyses of the data collected and developed.

(b) Projects considered or included in the last programming cycle.

(d) Projects recommended by elected officials, citizens, local units of governments, regional planning commissions, county highway committees, county traffic safety commissions, etc.

(e) Projects coordinated with planned development.

(f) Projects that must be coordinated with other projects.

(g) Projects identified as a part of the interstate cost estimate.

(h) Projects which constitute a gap in an existing system.

(i) Projects in high priority corridors with large past investment.

(j) Projects that are eligible for special discretionary federal funding.

(k) Projects that are compatible with and serve to implement state or local transportation plans.

(5) Project deficiency analysis. Candidate projects shall be analyzed at the transportation region office for resurfacing, reconditioning and reconstruction projects and at the central office for bridge, interstate and major projects. Primary criteria used to indicate deficiencies on candidate projects are:

(a) Accident rate or occurrence that is greater than the statewide average.

(b) Volume to capacity ratio that is greater than .8 in the 100th hour at level of service “C’.

(d) Pavement serviceability index that is less than 2.5 on the interstate system, less than 2.25 on a road functionally classified principal arterial or less than 2.0 on all other roads.

(e) Pavement age that is more than 20 years on portland cement concrete or more than 15 years on bituminous pavements.

(f) Pavement width that is less than 21 feet.

(g) Shoulder width that is less than 4 feet.

(h) Bridges that have a sufficiency rating less than 50 or have a condition or load rating of 3 (basically intolerable condition requiring high priority of repair).

(6) Develop alternative project improvement types and cost estimates. The department shall identify a range of practical improvement types for each candidate project. The range of alternatives for highway projects may include: patching and maintenance resurfacing (the equivalent of the “no build” option); improvement resurfacing; minor and major reconditioning; and reconstruction (See Figure 2). Alternatives for bridges shall be: maintenance; rehabilitation; or replacement.

(a) The department shall consider the following factors for the range of alternative improvement levels of a given project:

The nature, number and severity of the deficiencies present;
The overall budget available;
The cost estimate for each alternative;
The associated federal-aid eligibility requirements;
The existence of other related projects;
The probable project effects concerning safety, energy consumption, economic development and the social and natural environment;
The traffic volumes served by the proposed project.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; corrections in (2), (5) (intro.) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 209.08 Project evaluation and selection criteria {#sec-trans-209.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.08}

The evaluation and selection of projects shall be directed toward preserving, rehabilitating, and improving the physical condition and serviceability of the state trunk highways and bridges. A combination of both quantitative information and professional judgment shall be used to compare the merits of projects and improvement levels to achieve appropriate statewide consistency. Candidate projects shall be initially evaluated at the region level. At this level, projects are analyzed based on an assessment of local conditions and needs in accordance with the region target mileage guideline and the funding allocation. The candidate projects shall be evaluated by the following criteria where appropriate:

(1) Accomplishing sufficient surface renewal mileage necessary to preserve system serviceability and rideability. The target level of mileage renewal is established by the pavement serviceability index, pavement age and engineering field evaluation. The goal is to maintain an overall average pavement serviceability index of 3.0.

(2) Limiting the more extensive reconditioning, reconstruction, and new facility development projects to those projects where the number or severity of deficiencies exceed statewide averages for safety, geometry or capacity, or where roadbeds are so deficient structurally that resurfacing or minor reconditioning is not a feasible alternative.

(3) Correcting safety problems as defined by accident occurrences and rates exceeding the statewide average or to sites with severe accident potential.

(4) Maximizing the utilization of existing facilities through use of low capital investment projects or transportation system management techniques such as signalization, channelization, access control, park and ride lots, etc.

(5) Selectively rehabilitating or replacing, as appropriate, those bridges:

(a) With posted weight restrictions;

(b) That cannot be effectively maintained, based on the field inspections and office appraisals;

(c) That are functionally obsolete (geometric deficiencies of narrow width, restricted clearance, poor alignment, general safety) or expected to become unsatisfactory in structural or condition rating within the program period.

(6) Considering the project development lead time of 2-10 years and the complexity of the project.

(7) Utilizing the results of benefit/cost analysis or other cost effectiveness techniques to establish funding priorities for safety projects and for evaluating alternatives and relative merits of competing major projects.

(8) Determining the extent of public acceptability or local support through such things as informational hearings, local governmental meetings and correspondence.

(9) Identifying the nature and extent of environmental, energy, social and economic effects on high level recondition and reconstruction projects on an overall basis.

(10) Determining the community effects and benefits including traffic service, safety, air and noise quality and overall community improvement.

(11) Identifying the availability of and eligibility for federal, state and local funding to optimize use of all funds.

(12) Improving system continuity and safety.

(13) Ensuring compatibility with various local, regional and state plans through cooperation with local units of government, county and regional planning and review agencies and other state agencies.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; correction in (intro.) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 209.09 Program development and evaluation {#sec-trans-209.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.09}

(1) The department shall maintain information on a range of alternative dollar level programs. This information illustrates a range of options and offers the secretary, as well as the governor and the legislature, choices as to the appropriate funding levels for the highway program.

(2) Based on the analysis performed in s. Trans 209.08, the department shall select candidate projects and the appropriate level of improvement. The level of improvement proposed for a candidate project may vary dependent upon the dollar level of the program.

(3) The department shall accomplish both project level and program level evaluations. Evaluations shall assist in the identification of appropriate projects, improvement levels and program dollar levels.

(4) The central office shall review and evaluate the region’s program recommendations with several iterations of development and review necessary to produce a single statewide program.

(5) Project level evaluation shall include comparing the extent and severity of deficiencies:

(a) Between projects;

(b) To region and state average for such deficiencies;

(d) And to the proposed improvement level rationale of Figure 2.

(6) The department shall accomplish program level evaluation statewide and between regions by evaluating the:

(a) Extent and severity of project deficiencies corrected;

(b) Changes in accident and system capacity that result;

(7) The department shall maintain a file of information which specifies the deficiencies of projects analyzed for the program.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; corrections in (4), (5) (b), (c), (6) (intro.) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 209.10 Program selection {#sec-trans-209.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.10}

The alternative programs and their costs and benefits shall be documented and reviewed by the secretary who shall select a program level and recommend it to the governor. After the enactment of the biennial budget by the legislature and the governor, the program shall be adjusted to be consistent with the approved funding level for the current biennium.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81.

Wis. Admin. Code § Trans 209.11 Public review {#sec-trans-209.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.11}

(1) The department shall seek public review and comment concerning the program.

(2) Such review shall include an informational presentation of the proposed program of major projects by the department to all transportation related legislative committees at a time mutually agreeable to the department and the committees prior to February 15 of the odd numbered years.

(3) After the enactment of the biennial budget, the department shall make the program document available to interested individuals and organizations and will also inform the general public of this availability. Informational hearings shall be held after the release of the program document at times and locations determined by the secretary and publicized through the local media. These hearings shall serve both to inform the public and to obtain reactions for use in the ongoing program development activities.

(4) The public review of the program shall be supplemented by public reviews of policy and system planning efforts and of individual projects.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81.

Wis. Admin. Code § Trans 209.12 Program recycle {#sec-trans-209.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.12}

Program development shall be maintained as a continuous process. Upon the completion of one program cycle, a new program development cycle shall begin. Recycling the program normally involves: extending it 2 years; updating data, project alternatives, and project cost estimates; reassessing the underlying policies; and refining methods and procedures.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81.

Wis. Admin. Code § Trans 209.13 Program adjustments {#sec-trans-209.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 209.13}

Programs are estimates and are not absolute. Adjustments to the program are necessary due to changes in project design, the time to acquire the right-of-way and obtain the required clearances and completion of the environmental impact statement procedure. These adjustments shall be continual in order to assure the most optimum use of resources. The goal of the adjustments shall be consistent with s. Trans 209.04.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81.

Chapter Trans 210 MAJOR HIGHWAY PROJECT NUMERICAL EVALUATION PROCESS

Wis. Admin. Code § Trans 210.01 Purpose {#sec-trans-210.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 210.01}

In accordance with s. 85.05, Stats., this chapter sets forth the process and criteria used by the department to numerically evaluate projects considered for enumeration. This process for evaluating candidate major highway projects is used to advise the transportation projects commission. This chapter establishes a minimum score that a project shall meet or exceed in order to be eligible for recommendation to the transportation projects commission.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 210.02 Applicability {#sec-trans-210.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 210.02}

The procedures in this chapter shall be applied to projects being considered for enumeration as major highway projects by the department.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 210.03 Definitions {#sec-trans-210.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 210.03}

In this chapter:

(1) “Department” means the Wisconsin department of transportation.

(2) “Major highway project” has the meaning given in s. 84.013 (1)(a), Stats.

(3) “Transportation projects commission” has the meaning given in s. 13.489, Stats.

(4) “Level of service” or “LOS” means the ability of the facility to satisfy both existing and future travel demand. Six levels of service are defined for each type of highway facility ranging from A to F, with LOS A representing the best operating conditions and LOS F the worst.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 210.04 Goals {#sec-trans-210.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 210.04}

The department shall use this process to evaluate a proposed major highway project in terms of its ability to enhance Wisconsin’s economy, improve highway service, improve highway safety, minimize environmental impacts, and serve community objectives.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 210.05 Minimum requirement {#sec-trans-210.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 210.05}

Proposed major highway projects having traffic flow or safety deficiencies shall receive a minimum requirement score of 10 points. Only these projects shall be eligible for recommendation to the transportation projects commission. Traffic flow or safety deficiencies shall exist if either of the following conditions are satisfied:

(1) The predicted level of service on significant portions of the highway shall be worse than level of service C. Department engineers shall use the appropriate methodologies to determine the projected level of service that is predicted to exist 20 years from the year of the analysis.

Note: Department engineers will use the procedures outlined in the general design consideration guidelines in Chapter 11, Section 5 of the Facilities Development Manual published by the Wisconsin Department of Transportation to determine the level of highway service. Copies of the manual may be obtained by writing to or calling the Division of Investment Management, Bureau of State Highway Programs, P.O. Box 7913, Room 933, Madison, WI 53707-7913, (608) 267-7715.

(2) Safety on significant portions of the highway shall be worse than the statewide average for a similar highway type. Safety shall be identified by the number of crashes or the severity of crashes using any one of the following:

(a) The crash rate, which shall be calculated by the total number of crashes divided by the number of hundred million vehicle miles traveled over the length of the highway segments.

(b) Severity proportion, which shall be calculated by dividing the number of fatality and incapacitating injury crashes by total crashes over the length of the highway segments.

Note: The crash rates and severity proportions are objective measures which are based on principles found in the Highway Safety Evaluation Procedural Guide, Docket No. FHWA-TS-81-219, published by the Federal Highway Administration. A copy of the Guide can be reviewed by writing or calling the Safety and Traffic Operations Engineer at the Federal Highway Administration, 567 D’Onofrio Drive, Madison, WI 53719, (608) 829-7519.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 210.06 Measures {#sec-trans-210.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 210.06}

Measures shall be used to quantify the effect of the proposed major highway project on the highway system or the communities that will be affected by the project. These measures shall contribute points beyond the minimum score and will be used to place projects in relative rank order. The department shall numerically evaluate proposed major highway projects in the following 5 categories:

(1) Economic measure.

(a) The department shall evaluate each proposed major highway project’s ability to increase the competitiveness of the existing businesses through all of the following:

Comparison of the reduction in long-term travel costs to the cost of constructing and maintaining the proposed major highway project. The reduction in travel costs may include, but is not limited to, vehicle operating cost savings, travel time savings and accident savings. The calculation of the score for this economic measure component shall be based on each proposed major highway project’s points relative to the proposed major highway project with the highest number of points in this category. These points shall contribute to 37.5% of the total 100 points allowable for the economic measure score. The following formula shall be used to determine the score for this component:
Evaluation of the existing businesses that will benefit from the proposed major highway project, which may be measured by the number of business entities, and the amount of employment, population and tourism in the proposed or existing highway corridor. Greater consideration shall be given to businesses that are projected to have significant growth over a majority of the life of the proposed highway project.

(b) An evaluation shall be made for the proposed major highway project’s ability to attract new businesses through:

Consideration of the proposed major highway project’s potential to increase the productivity of industry along the highway corridor.
Consideration of the business redistribution potential of the proposed major highway project. Greater consideration shall be given to proposed major highway projects that do not redistribute growth from one part of the state to another, and to projects that contain businesses with the ability to attract business from outside of the state.
Consideration of the economic development strengths of the communities served by the project. Greater consideration shall be given to communities that are sufficiently organized to capitalize on the economic opportunities associated with the proposed major highway project.
Consideration of unique regional differences in the economic need and abilities of the communities affected by the proposed major highway project.

(c) An evaluation shall be made of the proposed major highway project’s ability to improve connections between economic centers. Greater consideration shall be given to those routes that are either part of Wisconsin’s corridors 2020 network of quality highways, or part of the national highway system.

Note: Copies of Corridors 2020 or National Highway System maps can be obtained by writing to or calling the Division of Investment Management, Bureau of State Highway Programs, P. O. Box 7913, Room 933, Madison, WI 53707-7913, (608) 267-7715.

(2) Traffic flow measure.

(a) The department shall evaluate the existing and predicted traffic flow on the highway system that will be affected by the proposed major highway project. Traffic flow shall be measured using accepted engineering practices to compute the level of service on the highway system segments, and may consider traffic density, travel speed or time delayed and other related factors.

(b) Greater consideration shall be given to the severity of congestion and to the amount of traffic that is on the existing highway system segments that would be affected by the proposed major highway project.

(c) The calculation of the traffic flow measure points shall be based on a combination of the existing and predicted levels of service, weights for the levels of service and the number of existing and predicted vehicle miles traveled on the highway segments affected by the proposed major highway project. Points will be calculated for individual highway segments within the highway system affected by the major highway project. The total points for the major highway project is equal to the sum of the points for the highway segments. The following formula shall be used to determine the traffic flow measure points:

(d) The calculation of the traffic flow measure score shall be based on each proposed major highway project’s traffic flow points relative to the proposed major highway project with the highest number of traffic flow points. The following formula shall be used to determine the traffic flow measure score:

Note: Department engineers will use the procedures outlined in the general design consideration guidelines in Chapter 11, Section 5 of the Facilities Development Manual published by the Wisconsin Department of Transportation to determine the level of highway service. Copies of the manual may be obtained by writing to or calling the Division of Investment Management, Bureau of State Highway Programs, P. O. Box 7913, Room 933, Madison, WI 53707-7913, (608) 267-7715.

(3) Safety measure.

(a) The department shall evaluate the number of crashes as well as the severity of the crashes that exist on the highway system affected by the proposed major highway project through:

Determining the crash rate which shall be calculated by the total number of crashes divided by the number of hundred million vehicle miles traveled over the length of the highway system segments.
Computing the severity proportion which shall be calculated by dividing the number of fatality and incapacitating injury crashes by the total crashes on the highway system segments.

(b) Consideration shall be given to those crash rates and severity proportions that are significantly above the statewide average for similar highway types.

(c) An evaluation of the number and severity of crashes shall include as many historical years as necessary to determine a reliable average.

(d) An evaluation shall be made to determine if the proposed major highway project will affect the safety of pedestrians and bicyclists. A proposed project that will increase speeds on the existing highway without providing for improved pedestrian and bicyclists facilities will be scored lower.

(e) The calculation of the safety measure points shall be based on the crash rate, severity proportion, and the hundred million vehicle miles traveled on the highway segments affected by the proposed major highway project. Points will be calculated for individual highway segments within the highway system affected by the major highway project. The total points for the major highway project is equal to the sum of the points for the highway segments. The following formula shall be used to determine the safety measure points:

(f) The calculation of the safety measure score shall be based on each proposed major highway project’s safety measure points relative to the proposed major highway project with the highest number of safety points. The following formula shall be used to determine the safety measure score.

(4) Environmental measure.

(a) The department shall evaluate environmental considerations associated with the proposed major highway project through a draft environmental impact statement or environmental assessment. The draft environmental impact statement or environmental assessment shall provide summary information which shall be used to determine the potential net effects the proposed major highway project may have on environmental resources.

(b) The net environmental effects will be computed by comparing the potential effects of the build alternatives to the no build alternative.

(c) A proposed major highway project that will affect relatively more natural resources including, but not limited to, wetlands, uplands, flood plains, stream crossings and endangered species, shall be scored lower.

(d) A proposed major highway project that will affect relatively more physical resources including, but not limited to, air quality, sound quality, and contaminated sites, shall be scored lower.

(e) A proposed major highway project that will affect relatively more socio-economic resources including, but not limited to, agricultural land, park land, residential and business development, shall be scored lower.

(f) A proposed major highway project that will affect relatively more cultural resources including, but not limited to, historic properties and archeological sites, shall be scored lower.

Note: Environmental data will be collected from the environmental summary matrix provided in the draft environmental impact statement or the environmental assessment for specific impacts which apply to natural, physical, socio-economic and cultural resources.

(5) Community input measure.

(a) The department shall evaluate community support or opposition to a proposed major highway project through:

Determining community support or opposition from local and regional officials, associations, merchants and residents through informational hearings and correspondence. Greater consideration shall be given for input that is based on the project’s overall impact on the community or region.
Determining if the proposed major highway project is consistent with metropolitan, local or regional transportation plans that have been adopted or reaffirmed in the last 5 years. A transportation plan may include a comprehensive plan that contains a transportation component.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 210.07 Weights applied to measures {#sec-trans-210.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 210.07}

Weights for each of the 5 measures shall be included in the calculation of the composite score as described in s. Trans 210.08. Where necessary, sub-weights shall be applied to components of the measures prior to the determination of the score for the overall measure. The values and effect of both the overall measure weights and the component sub-weights are shown in Figure 1.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 210.08 Composite score {#sec-trans-210.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 210.08}

(1) Computation of composite score. A combination of the 5 measures, weights for each of the measures and the minimum requirement shall be used to calculate a composite score for each proposed major highway project. Each measure shall have a maximum score of 100 points. The composite score shall have a maximum of 110 points. The following formula shall be used to determine the composite scores:

(2) Minimum allowable score. The minimum allowable score for a composite score is 10 points. Only those projects which have greater than 10 points may be recommended by the department to the transportation projects commission.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Chapter Trans 212 STANDARDS FOR THE INSPECTION OF BRIDGES AND TUNNELS IN WISCONSIN

Wis. Admin. Code § Trans 212.02 Definitions {#sec-trans-212.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.02}

In this chapter:

(1) “AASHTO manual” means the Manual for Bridge Evaluation as referenced in 23 CFR 650.305, on May 6, 2022, published by the American Association of State Highway and Transportation Officials, 555 12t h Street NW, Suite 1000 Washington, D.C. 20004.

Note: As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on August 25, 2025. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. It is also available online at https://store.transportation.org. CFR Part 650 Subpart C Section 605.305 is available at https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-650/subpart-C.

(2) “BIRM” means the Bridge Inspector’s Reference Manual, 2022 NBIS, March 2023, publication no. FHWA-NHI-23-024.

Note: As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on August 25, 2025. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. This manual is available through FHWA online at https://www.fhwa.dot.gov/bridge/inspection/.

(3) “Bridge” means a structure, including supports, erected over a depression or an obstruction, such as water, highway, or railway, having a track or passageway for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 feet between the under copings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes. It includes multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening.

(4) “Department” means the Wisconsin department of transportation.

(4m) “HSIS” means the Highway Structures Information System, which is the department’s electronic database used to store inventory and inspection reports and other structure records.

Note: The HSIS database is available at https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/strct/hsi.aspx.

(5) “Inspection” means the examination, evaluation, and assessment of the physical condition of a bridge or tunnel, the evaluation of the physical condition observed, and the reporting and documenting of the findings within the department’s Highway Structures Information System (HSIS).

(6) “Inventory” means the gathering and reporting of all the required items per the SNBI or the TOMIE.

(6g) “NBIS” means the National Bridge Inspection Standards as described in 23 CFR Part 650 Subpart C, published May 6, 2022.

Note: As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on August 25, 2025. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. They are also available online at: https://store.transportation.org.

(6r) “NTIS” means the National Tunnel Inspection Standards as described in 23 CFR Part 650 Subpart E, published July 14, 2015.

Note: As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on August 25, 2025. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. They are also available online at: https://www.fhwa.dot.gov/bridge/inspection/tunnel/ntis.cfm.

(7) “Posting” means the placement of regulatory signs at a bridge or tunnel indicating the safe load−carrying capacity of the bridge or tunnel.

(8) “Rating” means determining the safe load−carrying capacity of a bridge or tunnel.

(9) “SIM” means the WisDOT Structure Inspection Manual.

Note: SIM is available at: https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/strct/inspection-manual.aspx

(10) “SNBI” means the Specifications for the National Bridge Inventory publication no. FHWA-HIF-22-017, published March 2022 with errata #1 March 2024.

Note: As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on August 25, 2025. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. SNBI is available through FHWA online at https://www.fhwa.dot.gov/bridge/snbi.cfm.

(11) “TOMIE” means the Tunnel Operation, Maintenance, Inspection, and Evaluation Manual publication no. FHWA-HIF-15.005, published July 2015.

Note: As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on August 25, 2025. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. TOMIE is available through FHWA online at https://www.fhwa.dot.gov/bridge/inspection/tunnel/ntis.cfm.

(12) “Tunnel” means an enclosed roadway for motor vehicular traffic with vehicle access limited to portals, regardless of type of structure or method of construction. Tunnels are structures that require special design considerations which may include lighting, ventilation, fire protection systems, and emergency egress capacity. “Tunnel” does not include a structure classified as a bridge.

(13) “Wisconsin Bridge Manual” means the WisDOT Bridge Manual.

Note: Wisconsin Bridge Manual is available at https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/strct/bridge-manual.aspx

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. (1) and (8), Register, July, 1992, No. 439, eff. 8-1-92; correction in (3) to (6) and (8) made under s. 13.93 (2m) (b) 1., Stats., Register, July, 1992, No. 439; am. (1) and (3), Register, July 1999, No. 523, eff. 8-1-99; EmR2509: emerg. cr. (intro.), am. (1), renum. (2), (3) to (3), (2) and am., am. (5), (6), cr. (6g), (6r), am. (7), (8), cr. (9) to (11), eff. 7-28-25; CR 25-022: cr. (intro.), am. (1), renum. (2), (3) to (3), (2) and am., cr. (4m), am. (5), (6), cr. (6g), (6r), am. (7), (8), cr. (9) to (13) Register March 2026 No. 843, eff. 4-1-26; correction in (1), (4m), (12) made under s. 35.17, Stats., Register March 2026 No. 843.

Wis. Admin. Code § Trans 212.03 Application of chapter {#sec-trans-212.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.03}

The bridge and tunnel inspection and inventory standards in this chapter apply to all highway bridges and tunnels which either lie within or cross the borders of the state of Wisconsin. Bridges or tunnels carrying only railroad traffic and bridges or tunnels used only by pedestrians, bicycles, and recreational vehicles are excluded from the application of this chapter.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; EmR2509: emerg. am., eff. 7-28-25; CR 25-022: am. Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 212.04 Responsibility for inspection {#sec-trans-212.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.04}

The responsibility for the continuing inspection program shall be as follows:

(1) The department shall inspect highway bridges and tunnels on the state trunk highway system and all other bridges and tunnels for which the department has been assigned maintenance responsibility.

(2) Each local authority or other authority having jurisdiction over a non−department maintained bridge or tunnel shall inspect the highway bridges and tunnels on highways under its jurisdiction.

(3) When the department determines that a local authority or other authority having jurisdiction over a non−departmental maintained bridge or tunnel has failed to inspect any highway bridge or tunnel as required, the department shall inform the county highway commissioner of the county in which the bridge or tunnel is located of the inspection failure and shall direct the county to inspect or cause the bridge or tunnel to be inspected. Upon receipt of the department’s notice and direction, the county shall perform the bridge or tunnel inspection or cause it to be performed.

(4) An authority in charge of maintenance or construction of a highway that is deemed impassable or unsafe for travel has authority under s. 86.06 (1), Stats., to close or restrict access to the bridge or tunnel for the safety of the public. If the department determines a bridge or tunnel must be closed or restricted for safety purposes, the department will notify the authority having jurisdiction over the bridge or tunnel. If appropriate actions to close or restrict the bridge or tunnel are not taken by the authority, the department shall direct the county highway commissioner of the county in which the bridge or tunnel is located to immediately close or restrict the bridge or tunnel. The county highway commissioner may request payment from the local authority.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; emerg. cr. (3), eff. 8-20-85; cr. (3), Register, April, 1986, No. 364, eff. 5-1-86; EmR2509: emerg. am. (1) to (3), cr. (4), eff. 7-28-25; CR 25-022: am. (1) to (3), cr. (4) Register March 2026 No. 843, eff. 4-1-26; correction in (4) made under s. 35.17, Stats., Register March 2026 No. 843.

Wis. Admin. Code § Trans 212.05 Qualification of personnel {#sec-trans-212.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.05}

Individuals involved in the inspection of bridges as required by this chapter shall meet the minimum requirements set forth in the NBIS and the experience requirements described in the SIM. Individuals involved in the inspection of tunnels as required by this chapter shall meet the minimum requirements set forth in the NTIS and the experience requirements described in the SIM.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; EmR2509: emerg. am., eff. 7-28-25; CR 25-022: am. Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 212.06 Frequency of inspections {#sec-trans-212.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.06}

(1) Highway bridges located on all public roads shall be inspected at intervals based on the inspection type as required by and in accordance with the NBIS.

(2) Highway tunnels located on all public roads shall be inspected at intervals based on the inspection type as required by and in accordance with the NTIS.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; emerg. am. (3), eff. 8-20-85; am. (3), Register, April, 1986, No. 364, eff. 5-1-86; am. (1), renum. (3) to be (4), cr. (3), Register, July, 1999, No. 523, eff. 8-1-99; EmR2509: emerg. am. (1), r. and recr. (2), r. (3), (4), eff. 7-28-25; CR 25-022: am. (1), r. and recr. (2), r. (3), (4) Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 212.07 Frequency of inventory {#sec-trans-212.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.07}

An inventory shall be maintained for each bridge and tunnel. Changes in inventory data or postings shall be reported and entered in HSIS when the bridges or tunnels are inspected. The inventory of a new bridge or tunnel shall be obtained upon completion of its construction and the information shall be reported and entered in HSIS. Inventory changes shall be updated in HSIS within the timelines outlined in the SIM.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. Register, July, 1999, No. 523, eff. 8-1-99; EmR2509: emerg. am., eff. 7-28-25; CR 25-022: am. Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 212.08 Inspection {#sec-trans-212.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.08}

Inspections of bridges shall be conducted according to and following the BIRM and the SIM. Inspections of tunnels shall be conducted according to and following the TOMIE and the SIM.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. Register, July, 1999, No. 523, eff. 8-1-99; EmR2509: emerg. r. and recr., eff. 7-28-25; CR 25-022: r. and recr. Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 212.09 Load ratings {#sec-trans-212.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.09}

Each bridge or tunnel required to be inspected under this chapter shall be rated to determine its safe load−carrying capacity. Load ratings must be completed by the maintaining authority and reported to the department as soon as practical, but no later than 90 days after the initial inspection and when a change is identified that warrants a re-rating such as changes in condition, reconstruction, new construction, or changes in dead or live loads. Load ratings shall be determined in accordance with the AASHTO manual and the Wisconsin Bridge Manual.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. Register, July, 1992, No. 439, eff. 8-1-92; EmR2509: emerg. am., eff. 7-28-25; CR 25-022: am. Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 212.10 Posting {#sec-trans-212.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.10}

When it is determined by the department that the maximum load under state law exceeds the load permitted on a bridge as described in the AASHTO manual and the Wisconsin Bridge Manual, the bridge shall be posted for weight limits or closed. The department shall post or close bridges on the state trunk highway system and all other bridges for which the department is the maintaining authority. Each local authority shall post or close the bridges on highways under its jurisdiction. Posting shall be made as soon as possible but no later than 30 days after a load rating determines a need for such posting. When a local authority fails to post or close a bridge as required, the department shall inform the county highway commissioner of the county in which the bridge is located and direct the county to post or close the bridge or cause the bridge to be posted or closed. Upon receipt of the department’s notice and direction, the county shall post or close the bridge or cause it to be posted or closed. After the erection of signs or barriers associated with the posting or closing of the bridge by the county, the local maintaining authority of the bridge is responsible for the maintenance of the signs or barriers.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; emerg. am. eff. 8-20-85; am. Register, April, 1986, No. 364, eff. 5-1-86; am. Register, July, 1999, No. 523, eff. 8-1-99; EmR2509: emerg. am., eff. 7-28-25; CR 25-022: am. Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 212.11 Reporting {#sec-trans-212.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.11}

The reporting of bridge and tunnel inspections shall be as follows:

(1) Each authority having jurisdiction over a bridge or tunnel shall submit the inspection and inventory data in HSIS following the requirements in Section 1.2.5.7 of the SIM. When HSIS is not available, tunnel inspection and inventory data shall be submitted electronically to the department.

(2) The department shall inform the county highway commissioner or commissioner’s designee of late, missing, or incomplete non-state bridge or tunnel inspections each month.

(3) After February 1 of each year, the department shall compile a list of any local governments that have not submitted the data required by sub. (1) and shall submit this list to the senate and the assembly committees concerned with transportation issues.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. (1), Register, July, 1992, No. 439, eff. 8-1-92; am. (1) and (3), Register, July, 1999, No. 523, eff. 8-1-99; CR 22-048: am. (3) (a) Register July 2023 No. 811, eff. 8-1-23; EmR2509: emerg. r. and recr., eff. 7-28-25; CR 25-022: r. and recr. Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 212.12 County status under department direction {#sec-trans-212.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.12}

When a county highway commissioner of a county containing a bridge or tunnel that has failed to be inspected, posted, or closed receives notice and direction from the department to perform the inspection, perform the inspection, enter the inspection and inventory data in HSIS, keep records, post or close the bridge or tunnel, the county is the agent of the local authority that has failed to fulfill its responsibilities. No liability is assumed by the county in carrying out the department’s direction. Any liability associated with the county’s action in following the department’s direction is imputed to the local authority with maintenance responsibility for the bridge or tunnel.

History

Emerg. cr. eff. 8-20-85; cr. Register, April, 1986, No. 364, eff. 5-1-86; EmR2509: emerg. am., eff. 7-28-25; CR 25-022: am. Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 212.13 Compliance and county costs {#sec-trans-212.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 212.13}

Counties acting upon notice and direction from the department to perform the inspection, perform the interim inspection, keep records, post or close bridges or tunnels on local roads that are not under county jurisdiction shall be reimbursed for the costs by the local authority with maintenance responsibility for the bridge or tunnel. If the county is not reimbursed by the maintaining authority, the county shall be eligible for reimbursement of costs from the maintaining authority’s local transportation aids payment under s. 86.30, Stats. The reimbursement payment shall be made by the department directly to the county. Maintaining authorities that fail to reimburse counties for costs shall not be eligible for any local bridge program funds. Failure of a county to comply with notice and direction from the department to perform the inspection, perform the interim inspection, keep records, post or close bridges or tunnels shall result in the suspension of all federal highway aids and all state bridge aids to the county.

History

Emerg. cr. eff. 8-20-85; cr. Register, April, 1986, No. 364, eff. 5-1-86; EmR2509: emerg. am., eff. 7-28-25; CR 25-022: am. Register March 2026 No. 843, eff. 4-1-26.

Chapter Trans 213 LOCAL BRIDGE PROGRAM

Wis. Admin. Code § Trans 213.02 Definitions {#sec-trans-213.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 213.02}

In this chapter:

(1) “Bridge” means a structure, including supports, erected over a depression or an obstruction, such as water, highway, or railway, having a track or passageway for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 feet between the under copings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes. It includes multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening.

(1m) “Bridge project scope eligibility list” means the list that is developed by the department and made available to local bridge owners with each project funding cycle. The list includes bridges with deficiencies documented in the most recent inspection.

(2) “Coordinating agency” means the county which coordinates the submission of applications from eligible applicants within the county to the department.

(2d) “Culvert condition rating” means a condition assessment rating of a culvert as defined by the SNBI.

(2h) “Deck condition rating” means a condition assessment rating of a bridge deck as defined by the SNBI.

(2p) “Deficiencies” are defects and deterioration documented in the most recent bridge inspection. Defects and deterioration are detailed in SIM Part 2.

(2t) “Department” means the Wisconsin department of transportation.

(3) “Eligible applicant” means county, city, village, town or combination thereof and any federally recognized tribal governing body per s. 20.002 (13), Stats.

(4) “Entitlement” means the amount of aids a coordinating agency will be eligible to receive under this section as determined under s. 84.18 (5), Stats.

(5) “Fiscal period” means the period of time for which the program is being planned, normally 3 years.

(6) “Local bridge” means a bridge which is not on the state trunk highway system or on marked routes of the state trunk highway system designated as connecting highways, and is under the jurisdiction of and maintained by an eligible applicant.

(7) “Local bridge project” means a project for the design and construction or rehabilitation of a seriously deteriorating local bridge and minimum approaches.

(7d) “NBI” means National Bridge Inventory, the national database of highway bridge inventory and inspection data collected by each state and compiled by the Federal Highway Administration.

Note: The NBI is available at https://www.fhwa.dot.gov/bridge/nbi/ascii.cfm

(7h) “Preservation” means actions performed that serve to prevent, delay, or reduce the deterioration, of a bridge. This work is a type of rehabilitation, but typically less intrusive and less costly.

(7p) “Reconstruction” or “replacement” means the removal of an existing bridge and construction of a new bridge in the same or very similar location.

(7t) “Rehabilitation” or “rehabilitating” means making major repairs necessary to restore the structural integrity of a highway bridge or making repairs necessary to correct a major safety defect.

(8) “Seriously deteriorating local bridge” means a local bridge with observed deficiencies documented in the most recent inspection.

(10) “SIM” means the WisDOT Structure Inspection Manual.

Note: The SIM is available at https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/strct/inspection-manual.aspx

(11) “SNBI” means the Specifications for the National Bridge Inventory publication no. FHWA-HIF-22-017, published March 2022 with errata #1 March 2024.

Note: As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on August 25, 2025. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. SNBI is available through FHWA online at https://www.fhwa.dot.gov/bridge/snbi.cfm.

(12) “Substructure condition rating” means a condition assessment rating of a bridge substructure as defined by the SNBI.

(13) “Superstructure condition rating” means a condition assessment rating of a bridge superstructure as defined by the SNBI.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; renum. (1) to (8) to be (2) to (4), (1) and (6) to (9) and am. (9), cr. (5), Register, July, 1992, No. 439, eff. 8-1-92; cr. (2m), am. (5), (6), (8) and (9), Register, December, 1999, No. 528, eff. 1-1-00; EmR2509: emerg. cr. (intro.), am. (1), cr. (1m), (2d), (2h), r. (2m), cr. (2p), (2t), am. (3), cr. (7d) to (7t), am. (8), r. (9), cr. (10), (11), eff. 7-28-25; CR 25-022: cr. (intro.), am. (1), cr. (1m), (2d), (2h), r. (2m), cr. (2p), (2t), am. (3), cr. (7d) to (7t), am. (8), r. (9), cr. (10) to (13) Register March 2026 No. 843, eff. 4-1-26.

Wis. Admin. Code § Trans 213.03 Administration {#sec-trans-213.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 213.03}

(1) Determination of eligibility. A local bridge project is eligible for funds under s. 84.18, Stats., if it meets the following criteria:

(a) The bridge has observed deficiencies documented in the most recent inspection.

(d) The bridge has not been programmed for construction under an order by the department under s. 84.11 (4), Stats.

(e) The bridge is eligible for preservation if the deck condition rating is 9, 8, 7, or 6. The bridge is eligible for rehabilitation if the deck condition rating is 6, 5, 4, 3, 2, 1, or 0. The bridge is eligible for rehabilitation if the superstructure, substructure or culvert condition rating is 9, 8, 7, or 6. The bridge is eligible for reconstruction if the superstructure, substructure or culvert condition rating is 6, 5, 4, 3, 2, 1, or 0.

Note: Eligible preservation and rehabilitation project scopes based on deck condition rating are defined in Chapter 41.4.1 of the Wisconsin Bridge Manual. Eligible rehabilitation and reconstruction project scopes based on superstructure, substructure, or culvert condition rating are defined in Chapter 41.4.1 of the Wisconsin Bridge Manual. The Wisconsin Bridge Manual is available at: https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/strct/inspection-manual.aspx

(2) Replacement, rehabilitation, and preservation. The department shall publish a bridge project scope eligibility list.

(a) An eligible local bridge project under sub. (1) may be submitted for replacement if the department has an identified replacement scope in the bridge project scope eligibility list. If the bridge does not appear on the list as replacement-eligible, the local owner may submit an application with a replacement scope, but the application shall be accompanied by an engineering study providing justification. The justification should consider the timing of the proposed project, alternative scopes, safety of the traveling public, maintaining serviceability of the structure, and cost-benefit of the proposed scope versus other viable options.

(b) An eligible local bridge project under sub. (1) may be submitted for rehabilitation if the bridge has an identified rehabilitation scope in the most recent bridge project scope eligibility list. If the bridge does not appear on the list as rehabilitation-eligible, the local owner may submit an application for rehabilitation, but the application shall be accompanied by an engineering study providing justification for the rehabilitation. The justification should consider the timing of the proposed project, alternative scopes, safety of the traveling public, maintaining serviceability of the structure, and cost-benefit of the proposed scope versus other viable options.

(c) An eligible local bridge project under sub. (1) may be submitted for preservation if the bridge has an identified preservation action in the most recent bridge project scope eligibility list. If the bridge does not appear on the list, the local owner may submit an application for preservation, but it shall be accompanied by an engineering study providing justification for the preservation. The justification should consider the timing of the proposed project, safety of the traveling public, maintaining serviceability of the structure, and cost-benefit of the proposed scope verses other viable options.

(3) Application. Application for replacement or rehabilitation funds may be made by any eligible applicant to the county in which it is located. Each county shall establish priorities for proposed projects in the county. Applications for proposed projects shall be submitted to the department by each county, upon notification by the department.

(4) Determination of entitlement.

(a) The proportionate share of the funds available to each county shall be the ratio of the estimated cost of rehabilitating or replacing those eligible local bridges in the county to the estimated cost of rehabilitating or replacing all eligible local bridges in the state.

(b) Each county’s entitlement shall be computed by adding the positive or negative balance of unused funds from previous years to the proportionate share for the fiscal period under consideration.

(c) The proposed projects shall be ranked according to the ratio of the funds requested for the proposed project to the entitlement of the county. Projects within each county shall be listed in priority order as submitted by the coordinating agency. The projects shall then be ranked on a statewide basis such that the proposed projects using the least percentage of a county’s entitlement shall be ranked first and progressing to the proposed projects using the greatest percentage of a county’s entitlement. Funds requested for multiple projects in a county shall be accumulated in priority order for ranking purposes.

Note: The statewide project ranking and calculation methodology is explained in the Local Bridge Improvement Assistance program guideline document. This document is available at: https://wisconsindot.gov/Documents/doing-bus/local-gov/astnce-pgms/highway/local-bridge.pdf.

(d) A bridge which crosses a county line shall be treated as being 50% in each county unless another percentage figure is determined by the department to be more equitable.

(e) Funds shall be assigned to projects in order of rank, starting with rank #1 to the limit of available funds in each fiscal period. The department shall notify the counties of the assigned funding to approved projects.

(f) Assigned funds shall be available for projects for the duration of the fiscal period in which they are assigned. Any project not authorized in the fiscal period for which funds are assigned shall lose approved status and shall be requested in a subsequent period if the county wishes to pursue the project.

(g) The department may make adjustments to the assigned funds for a project and to the schedule of approved projects within a fiscal period to assure the efficient management of the program.

(5) Financial participation. The department shall provide the percentage of the cost of a local bridge project, consistent with the applicable federal aid programs, and the remainder of the cost shall be provided by the applicant.

Note: The current applicable federal aid programs are administered under 23 USC 120 appropriations or authorizations acts related to title 23 of the United States Code or bridge-related federal appropriation under Pub. L. 117-58, Infrastructure Investment and Jobs Act.

(6) Project agreements. Each project which is assigned funds under this chapter shall be the subject of a formal agreement between the state and the applicant.

History

Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. (1) (b), (2), (3) (a) to (c), (e) and (f) and (4), cr. (1) (c) and (3) (g), Register, July, 1992, No. 439, eff. 8-1-92; r. and recr. (1), renum. (2) to (5) to be (3) to (6) and am. (3), (4) (a), (b) and (e), cr. (2), Register, December, 1999, No. 528, eff. 1-1-00; EmR2509: emerg. am. (1) (a), r. (1) (b), (c), cr. (1) (e), am. (2) (title), cr. (2) (intro.), am. (2) (a), (b), cr. (2) (c), am. (4) (a), (5), eff. 7-28-25; CR 25-022: am. (1) (a), r. (1) (b), (c), cr. (1) (e), am. (2) (title), cr. (2) (intro.), am. (2) (a), (b), cr. (2) (c), am. (4) (a), (5) Register March 2026 No. 843, eff. 4-1-26; correction in (2) (a) to (c) made under s. 35.17, Stats., Register March 2026 No. 843.

Chapter Trans 214 TOWN ROAD BRIDGE STANDARDS

Wis. Admin. Code § Trans 214.01 Purpose {#sec-trans-214.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 214.01}

The purpose of this chapter is to provide uniform minimum design standards for the improvement of town road bridges in accordance with ss. 82.50 and 82.51, Stats.

History

Cr. Register, March, 1982, No. 315, eff. 4-1-82; corrections made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 214.02 Applicability {#sec-trans-214.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 214.02}

This chapter applies to improvements on all highway bridges for which a town has the responsibility of maintenance.

History

Cr. Register, March, 1982, No. 315, eff. 4-1-82.

Wis. Admin. Code § Trans 214.03 Definitions {#sec-trans-214.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 214.03}

In this chapter:

(1) “ADT” means average daily traffic, calculated as the annual average number of vehicles traveling over a particular portion of highway within a 24-hour period.

(3) “H-15” means the gross vehicle load imposed by a standard four-wheel truck weighing 15 tons including cargo.

(4) “H-20” means the gross vehicle load imposed by a standard four-wheel truck weighing 20 tons including cargo.

History

Cr. Register, March, 1982, No. 315, eff. 4-1-82.

Wis. Admin. Code § Trans 214.04 Minimum design standards {#sec-trans-214.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 214.04}

The following minimum standards for bridge design load and bridge width are established for improvements on town road bridges:

Note: Information on state trunk highway design standards may be obtained from the DOT Division of Highways and Transportation Facilities, P. O. Box 7916, Madison, Wisconsin 53707.

History

Cr. Register, March, 1982, No. 315, eff. 4-1-82.

Chapter Trans 215 LOCAL HIGH-COST BRIDGE PROJECTS

Wis. Admin. Code § Trans 215.01 Purpose {#sec-trans-215.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.01}

In accordance with s. 84.11, Stats., this chapter sets forth the methods used by the department of transportation for determining the eligibility of evaluating and administering local high-cost bridge construction projects.

Note: This chapter is so closely associated with Wisconsin Statutes, and makes such extensive reference to s. 84.11, Stats., that it is essential to refer to both this chapter and the law in order to develop a project. This chapter does not cover the selection of local bridge projects which can be financed with entitlement provided through ch. Trans 213.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Trans 215.02 Definitions {#sec-trans-215.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.02}

In this chapter:

(1) “Construction” includes reconstruction or new construction.

(2) “Department” means the Wisconsin department of transportation.

(3) “Bridge” means a structure erected over a depression or an obstruction, such as water, a highway, or a railway, and having an opening measured along the center of the roadway of more than 20 feet between the end supports.

(4) “Local high-cost bridge” means a bridge which is not on the state trunk highway system or on marked routes of the state trunk highway system designated as connecting highways, and is estimated to cost in excess of $5 million to construct.

(5) “Sufficiency rating” means a rating of the condition of a bridge as determined by the department from inventory and inspection data, as set forth in the “Manual for Maintenance Inspection of Bridges.”

Note: The manual is published by the American association of state highway and transportation officials. This manual is on file in the offices of the division of transportation system development, Wisconsin department of transportation.

(6) “Rate score” means a numerical rating of a bridge in which the lower the number, the greater is the need for replacement. In addition to the structural elements of the sufficiency rating, rate score is weighted for average daily traffic (ADT), functional classification and inventory rating.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Trans 215.03 Eligibility and project extent {#sec-trans-215.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.03}

(1) Projects which are eligible for financing under this chapter include:

(a) Local high-cost bridges which have a sufficiency rating of less than 20.

(b) New local high-cost bridges at a new location which satisfy the criteria established in s. Trans 215.07 (2) (b).

(2) “Project extent.” Each project may include necessary approach roadways, necessary lands for right-of-way or other purposes, preliminary engineering, and all other appurtenances necessary to complete the bridge.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Trans 215.04 Administration {#sec-trans-215.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.04}

The department shall administer the local high-cost bridge construction program and have all powers necessary to implement the program. The department’s policies and procedural manuals for project development and subsequent stages will apply.

Note: The facilities development manual, the real estate manual, the bridge manual and the construction manual are available for use in the region and central offices of the division of transportation system development of the department.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Trans 215.05 Initiation of proceedings {#sec-trans-215.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.05}

Proceedings for the construction of a bridge under the program may be initiated by a petition filed with the department. Petitions shall be submitted in accordance with the provisions of s. 84.11 (2), Stats.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Trans 215.06 Hearing {#sec-trans-215.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.06}

Within 60 days of the receipt of a petition, the department shall provide for a hearing in accordance with the provisions of s. 84.11 (3), Stats.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Trans 215.07 Finding, determination and order {#sec-trans-215.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.07}

(1) After the hearing specified in s. Trans 215.06, the department shall make such investigation as it considers necessary in order to make a decision. The investigation shall be conducted in accordance with the provisions of s. 84.11 (4), Stats.

(2)

(a) The department shall evaluate and select each proposed replacement project based on a weighted ranking of the following elements:

Sufficiency rating
Rate score
Estimated remaining life
Hearing results and
Any other items determined to be significant.

(b) The department shall evaluate and measure the eligibility of each proposed new bridge at a new location in the following manner:

Initially, in order to be considered for financing under ch. Trans 215, the length must exceed 475 feet and the estimated cost must exceed $5 million.
An economic analysis must result in measurable benefits that exceed costs.

(c) Any project determined to qualify under all requirements for a finding, determination and order will be scheduled for preliminary engineering and construction within limits of available funding.

Note: State funding requirements over and above available dollars will be requested of the legislature with the department’s biennial budget recommendation under appropriation s. 20.395 (2) (aq), Stats.

(d) Projects funded by the legislature and the local units of government as set forth in s. 84.11 (5m), Stats., will proceed to construction.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90; 2013 Wis. Act 363: am. (2) (d) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 215.08 Apportionment of cost {#sec-trans-215.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.08}

Costs shall be apportioned in accordance with the provisions of s. 84.11 (5m), Stats.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90; 2013 Wis. Act 363: renum. (1) to Trans 215.08 and am., r. (2) Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 215.09 Local costs {#sec-trans-215.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.09}

Local costs shall be established in accordance with the provisions of s. 84.11 (6), Stats.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Trans 215.10 Execution and control of work {#sec-trans-215.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.10}

Execution and control of work shall be in accordance with the provisions of s. 84.11 (7m), Stats.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90; 2013 Wis. Act 363: am. Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § Trans 215.11 Maintenance and operation {#sec-trans-215.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.11}

Maintenance and operation shall be in accordance with the provisions of s. 84.11 (8), Stats.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Wis. Admin. Code § Trans 215.12 Exceptions {#sec-trans-215.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 215.12}

(1) Nothing in this section prevents construction of a local bridge under other applicable programs.

(2) Any high cost bridge project that has been approved under this chapter will cause the local entitlement under the local bridge program in ch. Trans 213 to be modified to reflect the change in status.

History

Cr. Register, May, 1990, No. 413, eff. 6-1-90.

Chapter Trans 220 UTILITY FACILITIES RELOCATION

Wis. Admin. Code § Trans 220.01 Purpose and scope {#sec-trans-220.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 220.01}

The purpose of this chapter is:

(1) To establish the administrative procedures for implementing s. 84.063, Stats., and to prevent delays to proposed state trunk highway improvement projects and contractor delay and expense due to uncertain scheduling of utility relocations.

(2) To define a process and scheduling procedure to deal with utility conflicts with state trunk highway construction and arrange for their timely resolution.

(3) To integrate the utility facility relocation process under s. 84.063, Stats., with several pre-existing statutes and regulations, including the following:

(a) The obligations of utilities and highway planners and contractors under s. 182.0175, Stats.;

(b) The obligations of utilities to pay the cost of protection or changes to utility facilities to accommodate highway work under s. 66.0831, Stats.; and

(c) The obligations of utilities to comply with the conditions of permits issued for the location of utilities within highways under s. 86.07 (2), Stats., and 23 CFR part 645 (April 1, 1993).

(4) To comply with federal law regarding utility accommodation when the project is on any right of way of any federal-aid highway and funded in whole or in part with federal funds (23 USC 109 (l) (1993)).

(5) To make it clear that this chapter is not applicable to railroad facility relocations or adjustments.

History

Cr. Register, February, 1994, No. 458, eff. 3-1-94; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 220.02 Applicability {#sec-trans-220.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 220.02}

(1) This chapter applies to state trunk highway improvement projects which have utility facilities located on them and are let for construction after this chapter has been published and for which the department has mailed the notification and plans prescribed in ss. Trans 220.04 and 220.05.

(2) The department shall begin sending the notification and plans prescribed in ss. Trans 220.04 and 220.05 for all state trunk highway improvement projects for which the design process is initiated after this chapter is published. The department will not be required to resend the notification and plans if it has already done so prior to this chapter being published.

(3) This chapter does not apply to the alteration or relocation of railroad facilities.

History

Cr. Register, February, 1994, No. 458, eff. 3-1-94.

Wis. Admin. Code § Trans 220.03 Definitions {#sec-trans-220.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 220.03}

The definition of words and phrases in s. 84.063, Stats., apply to this chapter. In this chapter:

(1) “Business day” means any calendar day of the year exclusive of Saturdays, Sundays and legal holidays.

(2) “Calendar day” means any day of the year; if more than one day, it means any consecutive days of any year or years.

(3) “Compensable work” means utility facility alteration or relocation work for which the department will reimburse the utility facility owner under programs or policies of the department, including s. 84.295 (4m), Stats.

(4) “Contractor” means the person or entity that enters into an improvement project contract with the department under s. 84.06, Stats., and subcontractors or suppliers to the contractor.

(5) “Department” means the department of transportation or its agent.

(6) “Highway” has the meaning given in s. 340.01 (22), Stats.

(7) “Improvement” has the meaning given in s. 84.06 (1), Stats.

(8) “Letting date” means the date the department receives and opens bids for an improvement.

(9) “Mail” means a written transmittal, currently dated and sent to the addressee by regular or certified, return receipt requested United States postal service mail or other means.

(10) “Major reconditioning” means an improvement project which includes pavement resurfacing or minor reconditioning plus shoulder widening, ditch restoration, reduction of curvature or grades and intersection improvements.

(11) “Minor reconditioning” means an improvement project which includes pavement resurfacing, pavement widening, shoulder paving and intersection improvements.

(12) “Noncompensable work” means utility facility alteration or relocation work which the owner must carry out without cost to the department.

(13) “Owner” means the owner of a utility facility.

(14) “Project plan” means a plan for a highway improvement suitable for the design of utility facility alterations or relocations which the department sends to the owner.

(15) “Reconstruction” means an improvement project which rebuilds an existing facility and may include reducing curvature or grades and widening pavement and shoulders.

(16) “Resurfacing” means an improvement project which provides a new roadway surface on an existing pavement and may include minor base patching, intersection paving, shoulder gravel and selective beam guard.

(17) “State trunk highway” means any highway designated as part of the state trunk highway system pursuant to s. 84.02 or 84.29, Stats., exclusive of connecting highways.

(18) “Utility facility” includes cable services.

(19) “Work plan” means a plan of the owner to carry out utility facility alteration or relocation work to accommodate an improvement project of the department.

(20) “Working day” means a business day on which weather and other conditions not under the control of the owner will permit utility facility alteration and relocation work to proceed for at least 8 hours of the day with the normal working force of the owner engaged in performing the controlling item of work in accordance with the owner’s approved work plan. In determining the normal working force of the owner, consideration shall be given for any diversion of the owner’s working force that is required to respond to an emergency involving restoration of critical utility service.

History

Cr. Register, February, 1994, No. 458, eff. 3-1-94.

Wis. Admin. Code § Trans 220.04 Notification {#sec-trans-220.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 220.04}

(1) The department shall make a reasonable effort to determine what utility facilities are located within the right of way of a proposed improvement project by researching permit files, reviewing map files maintained by the department, field investigation or contact with one call locating services, and through contacts with local governmental units.

(2) The department shall identify the owner of facilities determined in sub. (1) by name.

(3) The department shall notify the owner of the proposed improvement by mail. The department may include a receipt of mailing form with the notification, in which case the owner shall complete the form and mail it back to the department within 7 calendar days of receipt.

(4) The notification shall include the name or route number, or both, of the highway, the geographical limits of the improvement, general description of the work to be done, desired date for completion of utility coordination and anticipated year of construction of the improvement.

(5) Within 60 calendar days of mailing the notification referred to in sub. (3), the owner shall provide the information specified in s. 84.063 (2) (b), Stats., by mail; that is, a description and the general location of each utility facility in the vicinity of the improvement. The utility shall reply whether or not it has facilities in the vicinity.

Note: Section 84.063 (2) (b), Stats., reads as follows:

(2) (b) Within a specified period after the date the notice is received, the utility facility owner shall provide the department with a description and the general location of each utility facility in the proposed highway improvement right-of-way.

History

Cr. Register, February, 1994, No. 458, eff. 3-1-94.

Wis. Admin. Code § Trans 220.05 Project and work plans {#sec-trans-220.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 220.05}

(1) After the owner responds with the information specified in s. 84.063 (2) (b), Stats., the department shall mail the owner at least one set of the available project plan. The project plan shall show all existing utility facilities known to the department that are located in the right of way where they will conflict with the improvement.

(2) The department may include a receipt of mailing form. If a receipt of mailing form is sent, the owner shall complete the form and mail it back to the department within 7 calendar days of receipt.

(3) The project plan need only show those portions of the improvement which give the project location, the owner’s existing utility facilities and how those facilities will be affected by the improvement. The department will also provide any additional and duplicate plan information needed by the owner to design and layout the removal, relocation or adjustment of existing utility facilities and the placement of relocated or additional facilities within the project limits.

(4) The owner shall provide the department with a work plan. The work plan shall be furnished within 60 calendar days after the date of mailing of the project plan by the department for resurfacing projects; within 90 calendar days for minor reconditioning projects; and within 120 calendar days for major reconditioning, reconstruction or new construction projects. Upon owner request or its own initiative, when the department determines there is a potential for conflict between work plans, the department will schedule a meeting that the owners are required to attend to coordinate the work. An additional 30 calendar days will be allowed to furnish the work plan if coordination is required with other utility facility owners or if the work is compensable.

(5) For noncompensable work, the work plan shall include, in addition to the information required in s. 84.063 (3) (b), Stats., a narrative description of what work will be done; whether the work is dependent on work by another owner; whether the work will be done prior to highway construction and which work will be necessary to coordinate with the work of the contractor; when the work will be started and the length of time in working days required to complete the work. A listing of approvals required by governmental agencies and the expected time schedule to obtain those approvals shall be provided. The project plan furnished by the department shall be reviewed by the owner to verify that the owner’s utility facilities are shown. If the facilities are not shown, the owner shall mark their location and return the marked up project plan to the department with a dated transmittal. If the utility facilities are shown, the owner shall advise the department by mail and need not return the project plan. For noncompensable work, the owner may also submit a request for a utility alteration or relocation loan pursuant to s. 84.065, Stats., and ch. Trans 30. If the owner’s proposed relocated or additional utility facilities will be relocated within the highway right-of-way, a permit application may be submitted at the same time in accordance with “The Policy for the Accommodation of Utilities Within Highway Right- of-Way” of the department.

Note: A copy of this policy may be obtained at no cost upon request to the Division of Highways, Department of Transportation, P.O. Box 7916, Room 651, Madison, WI 53707-7916, telephone (608) 266-0233.

Note: Section 84.063 (3) (b), Stats., reads as follows:

(3) (b) Within a specified period after receiving the project plans, the owner shall provide the department with a work plan. The period of time within which the owner is required to provide the department with a work plan shall reflect whether the utility facility owner is required to coordinate its work plan with another utility facility owner. The work plan provided by the owner shall include all of the following:

1. A copy of the project plans that verifies the location of all of the owner’s existing utility facilities specified on the plans by the department and that identifies the owner’s proposed location of relocated or additional utility facilities within the right-of-way of the proposed improvement.

2. A plan and a schedule of working days necessary to obtain any approval required by a governmental agency and to accomplish any proposed relocation or adjustment required by the proposed improvement.

(6) For compensable work, in addition to the items specified in sub. (5), the work plan shall include an estimate of cost for utility facilities relocation including appropriate credits for betterments, used life and salvage. An executed conveyance of rights or quit-claim deed to the property occupied by the owner’s facilities if one is required by the improvement project may be submitted at this time.

(7) The department shall review the work plan to ensure compatibility with permit requirements, the improvement plans and construction schedule, reasonableness of relocation scheme and reasonableness of cost for compensable work. If the work plan submitted by the owner is not compatible or reasonable, the department shall advise the owner by mail as soon as practicable. If sent through regular mail, the department may include a receipt of mailing form. If a receipt of mailing form is sent, the owner shall complete the form and mail it back to the department within 7 calendar days of receipt. The owner shall submit a revised work plan within 30 calendar days of receipt of advice by the department that the work plan is not compatible or reasonable. The department shall review the revised work plan and if the work plan is still not compatible or reasonable, the work plan revision process shall be repeated. When the work plan is compatible and reasonable, the department shall advise the owner by mail of its approval.

(8) The owner shall notify the department by mail within 15 calendar days of receiving all required approvals from government agencies.

(9) The department shall notify the owner by mail not less than 30 calendar days before the owner is required to begin the work provided for in the approved work plan. The department may include a receipt of mailing form which the owner shall complete and return within 7 calendar days of receipt.

(10) If the owner’s approved work plan is dependent on work by the contractor, the contractor shall provide the department and the owner a good faith notice 14 to 16 calendar days before the work is expected to be complete and ready for the owner to begin its work. The contractor shall follow up with a confirmation notice to the department and the owner not less than 3 working days before the work will be ready for the owner to begin its work.

(11) The owner shall notify the department when its work has started. The owner shall complete its work within the time frame described in its work plan. The owner shall notify the department when the work is complete. Notices of work start and work completion shall be sent by mail within 15 calendar days of starting and completing the work, respectively.

(12) If, prior to the letting date of the highway improvement project, the department’s project plan is changed so that additional utility relocation or adjustment work is found necessary, the department shall furnish a revised project plan per subs. (1) to (3), and the owner shall provide the department with a revised work plan per subs. (4) and (5), except that the time allowed for the owner to submit the revised work plan after receipt of the revised project plan shall not exceed 60 calendar days. Revisions to the project plan shall be identified to the owner.

(13) If, after the letting date of the highway improvement project, additional utility relocation or adjustment work is found necessary, the department shall notify the owner. The department and the owner shall agree on a revised work plan.

(14) If additional utility relocation or adjustment work is found necessary after the owner has been notified per sub. (9), refer to s. Trans 220.06.

History

Cr. Register, February, 1994, No. 458, eff. 3-1-94.

Wis. Admin. Code § Trans 220.06 Responsibilities {#sec-trans-220.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 220.06}

(1) If the department requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a work plan approved by the department, the department shall bear the reasonable cost of the additional work.

(2) If the department requires relocation or adjustment of a noncompensable utility facility that was originally determined, per the work plan, to not need relocation or adjustment, the owner shall bear the cost of the relocation or adjustment.

(3) If the department requires relocation or adjustment of a compensable utility facility that was originally determined, per the work plan, to not need relocation or adjustment, the department shall bear the reasonable cost of the relocation or adjustment.

(4) The owner shall bear the cost of additional work to any portion of its facilities after the facilities have been relocated or adjusted in accordance with a work plan approved by the department if the additional work is required by the department due to error by the owner in preparation of work plans for, field location of, or construction of the relocation or adjustment of its facilities.

(5) The contractor shall be responsible for compliance with s. 182.0175 (2), Stats., with respect to precautions to be taken to avoid and prevent damage to utility facilities.

(6)

(a) The owner shall complete alteration or relocation of its utility facilities in accordance with the work plan approved by the department.

(b) The work shall be completed by the owner within the time frame of the approved work plan.

(7)

(a) If the owner has complied with ss. 66.0831, 84.063 and 182.0175, Stats., and this chapter and the utility facilities are damaged by the contractor, the contractor shall be responsible to the owner for damages if the contractor has not complied with s. 182.0175 (2), Stats.

(b) The contractor shall not be responsible for damage to utility facilities if it has complied with ss. 66.0831 and 182.0175 (2), Stats.

(c) The department shall compensate the contractor for any costs caused by or attributed to a utility relocation delay as defined in s. 84.063 (1) (g), Stats., and may not impose liquidated damages. The owner shall be liable, subject to the right to appeal the decision of the department as provided under s. 84.063 (4m) (d) 2., Stats., for compensation paid by the department to a contractor under this paragraph for a utility relocation delay, as defined in s. 84.063 (1) (g), Stats., that was caused by the owner’s failure to complete a relocation in accordance with the work plan approved by the department as provided in s. Trans 220.05. The owner shall not be liable to the department or any other party for any delay if the owner’s failure to complete the relocation in accordance with the work plan approved by the department was due to circumstances outside of the owner’s reasonable control.

(8) If one year or more has passed since the department approved a work plan, the owner may submit a revised work plan that must be considered by the department if it is submitted prior to the letting date and does not affect the letting date.

History

Cr. Register, February, 1994, No. 458, eff. 3-1-94; corrections in (7) (a) and (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; 2023 Wis. Act 46: am. (7) (c) Register December 2023 No. 816, eff. 1-1-24.

Chapter Trans 230 PERMITS FOR LOADS EXCEEDING SIZE, WEIGHT, AND VEHICLE COMBINATION LIMITS

Wis. Admin. Code § Trans 230.01 General {#sec-trans-230.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 230.01}

(1) Pursuant to authority contained in s. 348.25 (3), Stats., the commission does hereby establish limits, procedures and conditions under which the various permits authorized by ss. 348.26 and 348.27, Stats., may be issued.

(2) Permits for the movement over state trunk highways of vehicles and loads exceeding limits or conditions established hereby shall be issued only on specific authorization by the commission.

(3) In the interest of uniformity and brevity, the commission hereby establishes the following conditions relating to more than one type of permit, which conditions become effective by reference thereto in the section of the rules relating to the specific type of permit:

(a) Application requirements.

Applications shall be made to the issuing authority on forms prescribed by the state of Wisconsin, department of transportation, division of highways, hereinafter known as the division of highways, which will be furnished to the applicant upon request.
Requests for amendments to permits shall be submitted in writing to the authority issuing the permit.

(b) Authorization to issue permits. The authorization for the issuance of permits shall be as stated in the sections relating to each specific type of permit.

Except for general permits (s. Trans 230.06), industrial interplant permits (s. Trans 230.08), vehicle transportation permits, double bottom milk truck permits and double bottom permits, permits shall not be issued nor valid for the transporting of loads or articles which could reasonably be divided in such a manner as to allow transporting of the loads or articles in 2 or more loads which would not exceed statutory size and weight limits, nor shall permits be issued or valid for the transporting of more than one article if the vehicle and load exceed statutory weight limits. (This does not prohibit the transporting of necessary blocking for a load, nor the transporting of such necessary blocking on the otherwise empty vehicle to and from the origin or destination of the load, but it does prohibit, among other things, the addition of an extra bucket, boom section, and so forth to a load being transported under a permit issued for an overweight vehicle and load.)
Except as specifically authorized in chs. Trans 251 to 275 and this chapter, permits shall not authorize the operation of more than 2 vehicles in combination.
Permits shall be issued and valid only for vehicles equipped with pneumatic tires.
Notwithstanding subd. 1. and par. (e) 1., and subject to subds. 2. and 3., if the governor declares an emergency under ch. 323, Stats., the department may issue permits for transportation of loads or articles upon state highways which could be reasonably divided at sizes or weights that exceed statutory size or weight limits if the loads or articles being transported are being shipped for the purpose of providing emergency relief goods or services or for removing debris from or restoring property damaged by a weather-related emergency. Permits issued under this subdivision may authorize operation on specified segments of municipal, town, or county highways if the maintaining authority for that highway has granted the department agency authority to issue the permits over those segments of its highways during the emergency, which authority may be modified or revoked by the maintaining authority at any time. In authorizing the issuance of permits under this subdivision, the department shall consider the factors involved with the emergency and impacts to the highway infrastructure and safety to decide whether to issue permits under this subdivision, and the maximum length of time, not to exceed 6 months, for which emergency transportation under this subdivision is permitted. All permits issued under this subdivision are subject to the other conditions of this subsection, except par. (e) 21., and may be cancelled or modified if the department, or maintaining authority in the case of local highways, determines that the need for emergency transportation, or transportation on particular highway segments, no longer exists. Permits issued under this subdivision may not authorize transportation on interstate highways except as allowed under federal law or waivers issued by the U.S. department of transportation.

Note: During periods of national emergency, federal law allows states to issue special permits allowing transportation of emergency relief supplies in overweight vehicles notwithstanding divisibility of the loads. 23 USC s. 127 (i) (1). Permits making use of this provision of federal law must expire not later than 120 days after the date of the national emergency declaration. 23 USC s. 127 (i) (2). Transportation of debris is not permitted under the federal law. Federal law also provides for increased weight limits for “emergency vehicles” that transport personnel and equipment and are supporting fire suppression or mitigation of other hazardous situations. 23 USC s. 127(r).

(d) Insurance and liability conditions.

In applying for and accepting a permit, the permittee agrees to pay any claim for any bodily injury or property damage for which he is legally responsible resulting from operations under the permit and to save the state and its subdivisions harmless from any claim which may arise from operations over public highways under the permit.
Regardless of whether or not insurance, bond, or deposit as set forth in this subsection is required, the permittee shall be liable for all damage which any highway or its appurtenances may sustain by reason of any operation under a permit.
Insurance requirements may be waived for permits issued to the United States government and the armed forces and for such other permittees as may be determined by the issuing authority.
The issuing authority shall be given 10 days’ advance notice in writing of the cancellation or termination of any insurance required by the terms of a permit.
The permittee may be required to furnish casualty insurance of an approved type or a bond or to deposit a certified check with the authority issuing the permit in the amount determined by the authority issuing the permit as necessary to protect the issuing authority and its subdivisions against any damage which any highway, highway structure, or its appurtenances may sustain by reason of any operation under the permit.
The permittee upon request shall provide such greater bodily injury and property damage liability coverage than is specifically set forth herein as may be required by the authority issuing the permit.

(e) General conditions.

The maximum size limitations and the maximum axle, axle combination and vehicle weights authorized by a permit shall not be exceeded. A divisible load, consisting of articles none of which exceeds statutory size limits, may not be transported under a permit.
Permits issued by the commission authorize the use of any of the highways of the state, subject to the limitations stated in the permit.
No permit shall be considered to set aside any regulation limiting loads because of local conditions, including bridges and highways posted for load limits, seasonal weight restrictions, or under construction.
The granting of a permit shall not be considered as a guarantee of the sufficiency of any highway or structure thereon for such transporting.
Property transported under a permit shall be loaded to reduce to a minimum the excess over statutory size or gross weight limitations, and an oversize vehicle used for transporting loads under a permit shall be reduced to statutory size limitations if practicable when being operated without load. The load shall be properly secured and fastened to the transporting vehicle.
When a vehicle or article under a permit is in excess of the statutory height limitation, the permittee shall give adequate notice to owners of overhead wires, cables, or other facilities which may be affected by the transportation under the permit, and shall make arrangements with said owners for alteration of such facilities as may be affected by the transportation authorized by the permit.
A load being transported under a permit may extend beyond the front of the towing vehicle, beyond the left fender line of the transporting vehicle, or more than 6 inches beyond the right fender line of the transporting vehicle, provided that such overhang shall be reduced to the practicable minimum by suitable positioning of the load upon the vehicle subject to compliance with the requirements of subd. 5. The wheels on one side of the transporting vehicle shall not carry more than 60% of the total gross load.
The driver shall carry the approved permit in the vehicle to which it applies and shall have it available for inspection by any police officer or representative of the issuing authority or the authority in charge of the maintenance of the highway being used.
Transporting vehicle or vehicles under a permit shall be registered as required by Wisconsin Statutes, and any operational permits required by the state of Wisconsin department of transportation, division of motor vehicles, public service commission, or other agencies having jurisdiction shall be obtained. Wisconsin registration may be waived for vehicles registered in another state where such registration meets the requirements of the state of Wisconsin department of transportation, division of motor vehicles.
The holder of a permit shall not be relieved of compliance with the provisions of the statutes, valid ordinances, rules and regulations of any state agency or subdivision of the state, except to the extent that such statutes, ordinances, rules and regulations are modified by the conditions of the permit.
The authority issuing a permit or its authorized representatives may temporarily suspend such permit, either in its entirety or with respect to certain of its conditions, due to seasonal or other special conditions.
Alteration of a permit, false information given in the application, or failure to comply with conditions of a permit shall be just cause for the summary suspension, upon notice verbally or in writing, of the permit, and for the suspension, upon notice in writing, of other permits held by the permittee. The authority issuing a permit may revoke it for good cause after having given the permittee a reasonable opportunity for a hearing. The length of the suspension, and other matters pertaining to the suspension or revocation of a permit shall be determined by the issuing authority, which may conduct a hearing upon the request of the permittee subsequent to the suspension of the permit. Suspended and revoked permits shall be returned to the issuing authority.
The driver of a vehicle operating under a permit shall, whenever reasonable and practicable, maintain a substantial distance of approximately 1,000 feet between his vehicle and any vehicle he is following, unless actually engaged in overtaking and passing such other vehicle.
A solid color red flag not less than 18 inches square, shall be fastened at each front corner of the towing unit, at each front corner of the load, and at each rear corner of the load. The flags shall be mounted at a height of not less than 2 feet nor more than 6 feet above the roadway. In addition, a solid color red flag shall be placed at the widest point of the load if more than 4 inches wider than the width of load or vehicle at the front or rear.
When in transit under a permit, all mobile homes and modular building sections over 8 feet in width shall have legible signs reading “OVERSIZE LOAD.” One sign shall be attached to the front of the towing vehicle, and the other to the rear of the mobile home or modular building section. The signs shall have black letters on a yellow background. The lettering shall have a height and stroke of not less than 10 inches and 1 5/8 inches respectively. Each sign shall be not less than 7 feet long and 18 inches wide. The bottom of the sign on the front of the towing unit shall be not less than 6 feet above the roadway, and shall be visible to traffic approaching from the front of the towing vehicle. No sign message on the towing unit shall be visible to traffic when the unit is not engaged in a towing operation. The bottom of the sign at the rear of the mobile home or modular building section shall be not less than 6 feet above the roadway.
Mobile home and modular building sections and the towing vehicle operating under a permit shall be equipped with rear fenders or mudguards of such material and so constructed and placed as to restrict to a minimum the splashing of water, mud, stones and other material which may be thrown up by the rear wheels. If mudguards are provided, they shall be at least as wide as and shall cover the tire or multiple tires they are guarding starting at the top from a line drawn vertically through the center of the axle and extending rearward and downward so that the fender or mudguard under any condition of operation or loading of the vehicle has a ground clearance of not more than 1/3 of the horizontal distance from the center of the rearmost axle to the fender or mudguard.
Except as otherwise provided herein for specified types of vehicles or loads or in a specific permit, permits are not valid during the hours of darkness nor during the period beginning at 12:00 noon on the day preceding and continuing until sunrise on the day following every Sunday and holiday as defined herein. Permits are not valid on Saturday morning from May 15 to September 15, inclusive, each year. Vehicles exceeding statutory size or weight limitations shall not be operated on the highway, whether loaded or empty, during those times when the permit is not valid.
A permit will not be issued for a vehicle and load exceeding 100 feet in overall length when the rear supporting axle or axles are at or near the rear of the load unless that rear support is steerable and steered.
A permit is valid only for the vehicle described upon the face of the application and permit. The applicant shall show the make and serial number of the power unit on the application. In the event of a breakdown or unavailability of the power unit listed on the application and permit, another power unit may be substituted, provided the make and serial number of the substitute power unit is typed on the permit, and the central office traffic section of the division of highways, in Madison, is advised by telephone prior to operating the substitute power unit with the oversize load. If a power unit breaks down while transporting a load under permit, another power unit may be substituted provided the permittee immediately advises the central office traffic section of the division of highways in Madison, by telephone, prior to using it to transport the load, and the make and serial number of the substitute power unit are placed on the permit in ink. Changes in the terms of a permit other than in the identification of the power unit require a written request and a written amendment to the permit authorizing the change which shall be attached to the original permit prior to the time of the move. No permit is transferable to another vehicle without prior authorization.
Any vehicle or vehicle and load to be considered as operating under a permit must be of such size or gross weight, or both, as to require a permit under s. 348.25, Stats., and no vehicle shall be considered to be operating under a permit when transporting an article which could reasonably be divided or relocated on the transporting vehicle when such article if divided or relocated would not exceed statutory limitations.
Property consisting of more than one article, some or all of which exceed statutory size limitations, may be transported under a permit when statutory gross weight limitations are not exceeded and the additional articles transported do not cause the vehicle and load to exceed statutory size limits in any way in which such limits would be exceeded by the largest single article.
Traffic approaching or overtaking a vehicle and load under permit shall be allowed by the driver of the permitted vehicle to pass without undue or protracted delay.
Notwithstanding any other height or width limitation which may be authorized by an individual permit, no vehicle or combination of vehicle and load exceeding 13 1/2 feet in height, or 12 feet in width, or which by reason of slow speed or other characteristic is likely to unduly interfere with normal traffic may be operated or transported upon any completed portion of the interstate highway system unless the permit contains a special and specific condition authorizing movement under the permit with a greater height or width upon the interstate highway system or portion thereof.
No permit is valid on any part of the Milwaukee county expressway system constructed pursuant to s. 59.84, Stats., except on U.S. highway 45 between West Florist Avenue and West Silver Spring Drive.
“Holiday” means January 1, July 4, December 25, the last Monday in May, the first Monday in September and the fourth Thursday of November. If a holiday, January 1, July 4, or December 25 falls on Sunday, the following Monday is the holiday for the purpose of this definition. If a holiday falls on Saturday, the previous Friday is the holiday for the purpose of this definition.
“Hours of darkness” are as defined in s. 340.01 (23), Stats.
Permits shall not be valid during periods when adverse weather or road conditions, such as fog, smoke, heavy rain, snow or ice, or the velocity of the wind, impair the safety of a movement under a permit, nor at any other times when there is not sufficient natural light to render clearly visible any person or vehicle upon a highway at a distance of 500 feet.
All towing units, when transporting a mobile home or modular building section over 8 feet in width and all escort vehicles accompanying the movement of such towed units shall have at least one and preferably 2 yellow flashing (or revolving) warning lights mounted above the cab. Such flasher(s) shall be mounted so as to be not less than 8 feet above the road and shall be visible to the front. When 2 lights are provided, they shall be mounted at the same level, shall be separated laterally as much as possible, and shall flash simultaneously.
All yellow flashing (or revolving) warning lights required on towing units, towed units and escort vehicles shall have a reflector at least 7 inches in diameter and shall be bright enough to be clearly visible and attention-attracting at a distance of 500 feet under all conditions when the load is on the highway (except when visibility of the light is obstructed by a hill crest, a curve or an object such as another vehicle). Such flashers shall not be operated when the towing unit or escort vehicle is not engaged in transporting a towed unit. The light shall flash at a rate of from 30 to 90 times per minute. In addition to the flasher(s), towing units and escort vehicles shall have their headlamps lighted in the low-beam position when transporting or escorting a mobile home or modular building section.
The maximum speed of a towed unit from 12 feet to 14 feet, inclusive, in width shall be 35 miles per hour on two-lane roadways designated as requiring an escort vehicle with the towed unit. The maximum speed of all vehicles being operated under any permit issued pursuant to this chapter, except for permits issued pursuant to s. Trans 230.12, on other highways, including escorted towed units on highways having 2 or more lanes for traffic going in the same direction as the towed unit, shall be 45 miles per hour, but the speed of a towed unit shall be reduced as necessitated by roadway, traffic, wind and weather conditions, unless another speed is specified in the permit or is required for obedience to a lower speed limit established by statute or indicated by official signs. The right wheels of the towed unit shall not leave the paved portion of the roadway.

Note: Ch. Trans 230 was originally numbered HY 30. The current cross-reference to Trans 230.12 was originally to HY 30.12, which was repealed eff. 1-1-91.

History

Cr. Register, June, 1962, No. 78, eff. 7-1-62; am. (3) (e) 22. Register, June, 1965, No. 114, eff. 7-1-65; r. (3) (e) 17., Register, February, 1967, No. 134, eff. 7-1-67; r. and recr. (3) (e) 7. and am. 22., Register, April, 1968, No. 148, eff. 5-1-68; am. (3) (a) 1; (3) (e) 9; cr. (3) (e) 17., Register, February, 1969, No. 158, eff. 3-1-69; r. (3) (e) 13; am. (3) (e) 7., 16., 17, 18; renum. (3) (e) 14. to be 13; 15 to be 14; 16 as am. to be 15; 17 as am. to be 16; 18 as am. to be 17; 19 to be 18; 20 to be 19; 21 to be 20; renum. 22 to be 21 and am.; cr. 22, Register, July, 1969, No. 163, eff. 8-1-69; am. (3) (c) 2., (e) 11., 12., 15. (intro. par.) and 17; renum. (3) (e) 15. a. and b. to be (3) (e) 23. and 24; cr. (3) (e) 25; Register, September, 1970, No. 177, eff. 10-1-70; am. (3) (e) 15. and 17., Register, June, 1972, No. 198, eff. 7-1-72; am. (3) (c) 1., (3) (e) 1., 7., and 14.; r. (3) (c) 3.; renum. (3) (c) 4. to be 3., (3) (e) 15. and 16. to be 17. and 18., (3) (e) 17. as am. to be 19., (3) (e) 18., 19., and 20. to be 20., 21. and 22., (3) (e) 21. as am. to be 23., (3) (e) 22. to be 24., (3) (e) 23. as am. to be 25., (3) (e) 24. and 25. to be 26. and 27., cr. (3) (e) 15. and 16., (3) (e) 28. and 29. renum. from 30.02 (5) (j) and (k), Register, December, 1973, No. 216, eff. 1-1-74; (3) (e) 30. renum. from 30.02 (5) (s) and am., Register, July, 1975, No. 235, eff. 8-1-75; am. (3) (c) 1. and 2., Register, June, 1976, No. 246, eff. 7-1-76; emerg. am. (3) (c), eff. 3-16-78; am. (3) (c), Register, June, 1978, No. 270, eff. 7-1-78; correction in (3) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488; correction in (3) (e) 24. made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; 2013 Wis. Act 363: am. (3) (c) 1. Register May 2014 No. 701, eff. 6-1-14; EmR2115: emerg. cr. (3) (c) 4., eff. 6-1-21; CR 21-045: cr. (3) (c) 4. Register January 2022 No. 793, eff. 2-1-22; correction in (3) (c) 4. made under s. 35.17, Stats., Register January 2022 No. 793.

Wis. Admin. Code § Trans 230.06 General permits {#sec-trans-230.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 230.06}

(1) Application requirements. The application requirements for general permits shall be as set forth in s. Trans 230.01 (3) (a), and the following:

(a) Applications for general permits for movement over state trunk highways shall be directed to the Chief Traffic Engineer, Division of Highways, Madison, Wisconsin, 53702.

(b) Applications for general permits for movement over highways other than state trunk highways shall be made to the officer or agency in charge of the maintenance of the highway.

(2) Authorization to issue general permits.

(a) The officer of agency authorized by s. 348.27, Stats., may issue general permits for operation on highways for the maintenance of which the officer or agency is responsible.

(b) General permits for transportation over state trunk highways shall be issued only on specific approval of the commission.

(3) General limitations on issuance of general permits. The issuance of general permits shall be subject to the following limitations:

(a) General permits may be issued for the transportation of equipment or materials for specified construction or maintenance operations, and for good cause in specified instances or periods for other special types of operations.

(b) General permits may be issued for loads which exceed statutory size or weight limitations or both.

(c) General permits may be issued at the discretion of the commission for transportation over state highways in connection with specified construction or maintenance operations on other classes of highways.

(d) General permits may be issued for the operation of a vehicle combination consisting of three empty vehicles in transit from manufacturer or dealer to purchaser or dealer or for the purpose of repair. The towing vehicle shall be a truck-tractor or a road tractor.

(e) The authority issuing a general permit or its authorized representatives may impose such additional reasonable conditions as are required.

(f) General permits will not be issued by the commission for the transportation on state trunk highways of miscellaneous contractor’s equipment, such as bins, conveyors, bunk houses, etc.

(4) Insurance and liability conditions. General permits are issued subject to the insurance and liability conditions set forth in s. Trans 230.01 (3) (d), and the following:

(a) The permittee shall present evidence on a form furnished by the division of highways that at least the following insurance coverage, or in lieu thereof a bond in a form satisfactory to the authority issuing the permit, is or will be in full force and effect on the vehicle and load designated in the permit while operating on the public highway, except when insurance requirements are specifically waived by the issuing authority:

(5) General conditions. General permits are issued subject to the general conditions set forth in s. Trans 230.01 (3) (e) 1., 3., 4., 5., 6., 7., 8., 9., 10. 11., 12., 13., 14., 17., 20., 22., 24., 25., 26., 27., 29. and 30., and the following:

(a) The gross size and weight limitations on vehicles which may be operated on a public highway under a general permit shall be determined in each particular instance by the issuing authority. The maximum size limitations and the maximum axle, axle combination and vehicle weights authorized by the permit shall not be exceeded.

(b) A general permit issued by the commission for a movement which is partly on the state highway system and partly on other classes of highways, is valid only on state highways.

History

Cr. Register, June 1962, No. 78, eff. 7-1-62; am. (1) (a), Register, February, 1969, No. 158, eff. 3-1-69; am. (5) intro. par., Register, July, 1969, No. 163, eff. 8-1-69; am. (3) (d), (4) (a) and (5) intro. par., Register, September, 1970, No. 177, eff. 10-1-70; am. (5) intro., Register, December, 1973, No. 216, eff. 1-1-74; am. (5) (intro.), Register, July, 1975, No. 235, eff. 8-1-75; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488.

Wis. Admin. Code § Trans 230.08 Industrial interplant permits {#sec-trans-230.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 230.08}

(1) Application Requirements. The application requirements for industrial interplant permits shall be as set forth in s. Trans 230.01 (3) (a), and the following:

(a) Industrial interplant permit applications shall be directed to the Chief Traffic Engineer, Division of Highways, Madison, Wisconsin, 53702.

(2) Authorization to issue industrial interplant permit. Industrial interplant permits shall be issued only on specific approval of the commission.

(3) General limitations on issuance of industrial interplant permits. The issuance of industrial interplant permits shall be subject to the general limitations stated in s. Trans 230.01 (3) (c) 2. and 3., and the following:

(a) The commission will give consideration to applications for industrial interplant permits only when the application is accompanied by a written statement from the commissioner of public works in cities of the first class, and the officer in charge of highway maintenance in other cities, towns and villages, designating and approving the routes over which the vehicles for which industrial interplant permits are requested may be operated.

(b) An industrial interplant permit is valid only for the vehicle(s) described upon the face of the application and permit.

(4) Insurance and liability conditions. Industrial interplant permits are issued subject to the insurance and liability conditions set forth in s. Trans 230.01 (3) (d) 1., 2., 3., 4., and 6., and the following:

(a) The permittee shall present evidence on a form furnished by the division of highways that at least the following insurance coverage, or in lieu thereof a bond in a form satisfactory to the division of highways, is or will be in full force and effect on the vehicle and load designated in the permit while operating on the public highway, except when insurance requirements are specifically waived by the commission:

(b) The permittee shall furnish casualty insurance of an approved type or a bond or deposit a certified check with the division of highways in the amount indicated above determined by the commission as necessary to protect the state and its subdivisions against any damage which any highway, highway structure, or its appurtenances may sustain by reason of operation under the permit.

(5) General conditions. Industrial interplant permits are issued subject to the general conditions set forth in s. Trans 230.01 (3) (e) 1., 3., 4., 7., 8., 9., 10., 11., 12., 13., 14., 22., 25., 26., 27., 29. and 30., and the following:

(a) The size limitations on vehicles which may be operated on a public highway under an industrial interplant permit will be determined in each particular instance by the commission.

(b) An industrial interplant permit is valid only for the vehicle(s) described upon the face of the application and permit.

History

Cr. Register, June, 1962, No. 78, eff. 7-1-62; am. (1) (intro. par., (1) (a); (4) (a) intro. par., (4) (b), Register, February, 1969, No. 158, eff. 3-1-69; am. (5) intro. par., Register, July, 1969, No. 163, eff. 8-1-69; cr. (3) (b) and am. (5) intro. par., Register, September, 1970, No. 177, eff. 10-1-70; am. (5) intro. and cr. (1) (b), Register, December, 1973, No. 216, eff. 1-1-74; am. (5) (intro. par.), Register, July, 1975, No. 235, 8-1-75; correction in (3) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 230.09 Application form for industrial interplant permits {#sec-trans-230.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 230.09}

In compliance with s. 348.25 (3), Stats., the commission designates the following described form for use of any industry owning and operating motor vehicles and trailers which exceed the maximum permissible dimensions set out in ss. 348.05, 348.06 and 348.07, Stats., in connection with its interplant operations in this state, in applying for an industrial interplant permit.

(1) The application shall be directed to the commission, shall state that the applicant is the owner and operator of motor vehicles and trailers which exceed the maximum permissible dimensions set out in ss. 348.05, 348.06 and 348.07, Stats., in connection with its interplant operations in Wisconsin, that the applicant desires an industrial interplant permit as provided for in s. 348.27 (4), Stats., and that the applicant certifies that he has read, understands, and agrees to the conditions which are a part of the application. The form shall provide space for the applicant to indicate the routes over which he desires to operate the motor vehicles and trailers, for the name and address of the applicant, the name and address of the owner and/or lessee of the transporting equipment, and for the date of application, and for the fleet number, make, gross weight, serial number and license number of each vehicle for which a permit is desired.

(2) The form shall provide space for showing the amount of the permit fee, and for the authorized representative of the commission to acknowledge receipt thereof.

(3) The conditions contained in s. Trans 230.08 (4) and (5) inclusive, shall be a part of the application form.

History

Cr. Register, June, 1962, No. 78, eff. 7-1-62; am. (1) (a), Register, December, 1973, No. 216, eff. 1-1-74; renum. (1) (b) to be (1) (c) and cr. (1) (b), Register, July, 1975; No. 235, eff. 8-1-75; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, August, 1996, No. 488.

Chapter Trans 231 PERMITS FOR DRIVEWAYS AND ALTERATIONS IN STATE TRUNK HIGHWAYS

Wis. Admin. Code § Trans 231.01 General {#sec-trans-231.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 231.01}

(1) This regulation is for the purpose of designating standards within which the department is authorized to issue permits pursuant to s. 86.07 (2), Stats., for placing, constructing or altering driveways for movement of traffic between state trunk highways and abutting property or otherwise making excavations or fills or installing culverts or making other alterations in a state trunk highway or in other manner disturbing any such highway or bridge thereon.

(2) This authorization extends only to the issuance of permits for placing, constructing and altering private driveways, with and without pipes, for the movement of traffic between state trunk highways and abutting property, and to landscaping or other minor grading or alterations in roadway slopes and embankments on state trunk highways adjacent to lands owned by the permittee.

(4) No permit issued pursuant to this authority shall supersede more restrictive requirements imposed by valid applicable local ordinances.

(5) Permits for such installations or alterations exceeding the limits or conditions established hereby shall be issued only on specific approval of the secretary.

(6) No permit shall be issued or be valid for construction of a driveway connecting directly with the through roadway of a controlled-access highway unless and until such driveway is authorized by specific finding, determination and declaration approved by the department.

(7) Applications for permits shall be made on forms available at the offices of the department, and will be furnished upon request.

(8) The purpose of the design standards herein prescribed is to promote the orderly and safe movement in and out of private properties in such manner as will constitute a minimum of interference to through highway traffic, and to control the use of drainage structures and appurtenances as may be necessary to preserve the physical structure of the highway.

(9) No permit may be issued under this chapter for construction of a highway or a private road or driveway that connects directly with a state trunk highway and that provides vehicular access to a land division, as defined in s. Trans 233.015 (4), unless the land division was created before February 1, 1999 or the department, region office, as defined in s. Trans 233.015 (1r), or reviewing municipality, as defined in s. Trans 233.015 (6m), determines that the land division meets the requirements of ch. Trans 233. If the department determines that a land division created after February 1, 1999, differs substantially from the land division shown on a land division map to which the department, region office or reviewing municipality certified no objection under ch. Trans 233, any permit issued under this chapter for that land division is void and may be summarily canceled by written notice to the land owner and the private road or driveway shall be discontinued.

History

1-2-56; cr. (9), Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.), (4) to (7) and (9), r. (3), Register, January, 2001, No. 541, eff. 2-1-01; correction in (9) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 231.02 Permit requirements {#sec-trans-231.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 231.02}

In making application for a permit the applicant agrees to the following conditions:

(1) That the applicant represents all parties in interest, and that any driveway or approach constructed by the applicant is for the bona fide purpose of securing access to the applicant’s property and not for the purpose of parking or servicing vehicles, or for advertising, storage, or merchandising of goods on the highway right of way.

(2) That the permittee shall furnish all materials, do all work, and pay all costs in connection with the construction of the driveway and its appurtenances on the right of way. Materials used and type and character of work shall be suitable and appropriate for its intended purpose, and the type of construction shall be as designated and subject to approval of the department. The permittee shall make the installation without jeopardy to or interference with traffic using the highway. Highway surfaces, shoulders, ditches and vegetation disturbed shall be restored to equivalent of original condition by the permittee.

(3) That no revisions or additions shall be made to the driveway or its appurtenances on the right of way without the written permission of the department.

(4) The department reserves the right to make such changes, additions, repairs and relocations within statutory limits to the driveway or its appurtenances on the right of way as may at any time be considered necessary to permit the relocation, reconstruction, widening, and maintaining of the highway or to provide proper protection to life and property on or adjacent to the highway.

(5) That the permittee, successors or assigns, agree to hold harmless the state of Wisconsin and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of the permit.

(6) The department does not assume any responsibility for the removal or clearance of snow, ice or sleet, or the opening of windrows of such material, upon any portion of any driveway or entrance along any state highway even though snow, ice or sleet is deposited or windrowed on the driveway or entrance by its authorized representatives engaged in normal winter maintenance operations.

History

1-2-56; am. (2), (3), (4) and (6), Register, January, 2001, No. 541, eff. 2-1-01; corrections in (1) and (5) made under s. 13.93 (2m) (b) 5., Stats., Register, January, 2001, No. 541; correction in (1) made under s. 35.17, Stats., Register March 2012 No. 675; CR 22-048: am. (1) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 231.03 Location, design and construction requirements — general {#sec-trans-231.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 231.03}

The location, design, and construction of a driveway shall conform to the following:

(1) A driveway shall be located and restricted as to width as necessary so that the entire driveway roadway and its appurtenances are contained within the frontage along the highway of the property served. At public highway intersections a driveway shall not provide direct ingress or egress to or from the public highway intersection area and shall not encroach on or occupy areas of the roadway or right of way deemed necessary for effective traffic control or for highway signs or signals. A driveway shall be so located and constructed that vehicles approaching or using it will have adequate sight distance in both directions along the highway.

(2) The number of driveways permitted serving a single property frontage along a state trunk highway shall be the minimum deemed necessary by the department for reasonable service to the property without undue impairment of safety, convenience, and utility of the highway.

(3) The island area on the right of way between successive driveways or adjoining a driveway and between the highway shoulder and right-of-way line shall remain unimproved for vehicular travel or parking. Such areas shall be considered as restricted and may be filled in or graded down only as hereinafter provided in sub. (7).

(4) The surface of the driveway connecting with rural-type highway sections shall slope down and away from the highway shoulder a sufficient amount and distances to preclude ordinary surface water drainage from the driveway area flowing onto the highway roadbed.

(5) The driveway may not obstruct or impair drainage in highway side ditches or roadside areas. Driveway culverts, where necessary, shall be adequate for surface water drainage along the highway and in no case less than the equivalent of 15-inch diameter pipe. The distance between culverts under successive driveways shall be not less than 10 feet except as such restricted area is permitted to be filled in under the provisions of sub. (7).

(6) When curb or gutter is removed for constructing a driveway, the new connections shall be of equivalent acceptable material and curb returns provided or restored in a neat, workmanlike manner. The driveway surface shall connect with the highway pavement and the sidewalk, if any, in a neat, workmanlike manner. The driveway construction shall include replacement of sidewalk areas which are inadequate or become damaged by reason of vehicular travel across the sidewalk.

(7) The restricted area between successive driveways may be filled in or graded down only when the following requirements are fully complied with:

(a) The filling in or grading down shall be to grades approved by the department and, except where highway drainage is by means of curb and gutter, water drainage of the area shall be directed away from the highway roadbed in a suitable manner.

(b) Culvert extension under the restricted area shall be of like size and equivalent acceptable material of the driveway culvert, and intermediate manholes adequate for clean-out purposes may be required where the total culvert length exceeds 100 feet.

(c) Where no highway side ditch separates the restricted area from the highway roadbed, permanent provision may be required to separate the area from the highway roadbed, to prevent its use for driveway or parking purposes, by construction of a border, curb, rail, or posts deemed adequate by the department.

History

1-2-56; am. (2), (5), (7) (a) and (c), Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § Trans 231.04 Commercial — rural {#sec-trans-231.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 231.04}

On rural type highway cross section, driveways serving commercial or industrial establishments shall conform to the following:

(1) Width of drive. No driveway except as hereinafter provided shall have a width greater than 35 feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. In no instance shall a driveway have a width greater than 62 feet, including flare of return radii, measured along a line 10 feet from and parallel to the edge of the pavement on which the entrance will be constructed.

(2) Return radii. No return radius projected between the edge of highway pavement and the driveway shall be greater than 40 feet. Usually, these radii will be determined by the restrictions given in subs. (1), (3), and (4).

(3) Angular placement of drive. The angle between the centerline of a driveway serving two-way traffic and the edge of the pavement may not be less than 45°. Where suitable precautions are taken, or one-way operation along divided highways permits only one-way operation of the driveways, the angle of the entrance drive to grantee’s property may be decreased. The angle of the exit drive with the highway pavement shall be not less than 45°.

(4) Island areas.

(a) An island of a minimum length of 10 feet shall be maintained between driveways serving the same premises. The measurement shall be along a line 10 feet from and parallel to edge of pavement. The permit shall specify that the island area, if less than 20 feet in length or 10 feet in width, is to be defined by physical structures such as curbs, posts, boulders, masonry walls or guard rails. Materials used to define the island, except concrete curbs, shall be painted white. The side of the island next to the highway shall be not less than 10 feet from the pavement edge. The side of the island farthest from the highway shall be at the right-of-way line.

(b) The area within 5 feet of a property line shall be a restricted area over which no driveway may be developed. The 5-foot restriction shall be measured parallel to the pavement edge and shall be effective between the right-of-way line and a line 10 feet from and parallel to the pavement edge. This is to serve as an island area should the adjoining property owner request a permit for a driveway.

History

1-2-56; am. (1), (3) and (4) (a), Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § Trans 231.05 Noncommercial — rural {#sec-trans-231.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 231.05}

On rural type highway cross section, driveways serving farm or residence property shall conform to the following:

(1) Width of drive. No noncommercial driveway or combination of driveways shall have a width less than 16 feet nor greater than 24 feet measured at right angles to the centerline of the driveway except as increased by permissible radii.

(2) Return radii. No return radius projected between the edge of highway pavement and the driveway shall be greater than 30 feet.

(3) Angular placement. The centerline of that part of the driveway lying on the state right of way shall be at approximately right angles to the pavement except as topography may make certain angular placement necessary.

Wis. Admin. Code § Trans 231.06 Commercial — urban {#sec-trans-231.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 231.06}

On urban type highway cross section, driveways serving commercial or industrial establishments shall conform to the following:

(1) Width of drive. No driveway shall have a width greater than 35 feet measured at right angles to the centerline of the driveway, except as increased by permissible radii.

(2) Return radii. The return radii projected between the line of face of curb of the highway and the driveway shall be determined by the department basing its decision on the type of traffic and the restrictions given in subs. (1) and (4). In all cases, the entire flare shall fall within the right of way.

(3) Angular placement of drive. The angle between the centerline of the driveway and the curb line shall be not less than 45°.

(4) Island areas.

(a) When sidewalk is adjacent to curb, an island of a minimum length of 6 feet, measured along the curb line, shall be placed between each entrance to a state highway. The curb shall be left intact for this length.

(b) When sidewalk is remote from curb, an island of a minimum length of 10 feet measured along the right-of-way line shall be maintained between each entrance to a state highway. All flares shall be tangent to the curb line.

(c) A curb length of not less than 3 feet shall be left undisturbed adjacent to each property line to serve as an island area should the adjoining property owner request a permit for an entrance.

History

1-2-56; am. (2) and (3), Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § Trans 231.07 Noncommercial — urban {#sec-trans-231.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 231.07}

On urban type highway cross section, driveways serving residence property shall conform to the following:

(1) Width of drive. No noncommercial driveway or combination of driveways shall have a width greater than 24 feet measured at right angles to the centerline of the driveway, except as increased by permissible radii.

(2) Return radii. The radius of the return connecting the line of face of curb of the highway and the edge of driveway may not exceed 10 feet. In all cases the entire flare shall fall within the right of way.

(3) Angular placement. The centerline of the driveway may be either parallel to the property line of the lot for which access is requested, or at right angles to the curb line.

History

1-2-56; am. (2), Register, January, 2001, No. 541, eff. 2-1-01.

Chapter Trans 233 DIVISION OF LAND ABUTTING A STATE TRUNK HIGHWAY OR CONNECTING HIGHWAY

Wis. Admin. Code § Trans 233.01 Purpose {#sec-trans-233.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.01}

Dividing or developing lands, or both, affects highways by generating traffic, increasing parking requirements, reducing sight distances, increasing the need for driveways and other highway access points and, in general, impairing highway safety and impeding traffic movements. The ability of state trunk highways and connecting highways to serve as an efficient part of an integrated intermodal transportation system meeting interstate, statewide, regional and local needs is jeopardized by failure to consider and accommodate long-range transportation plans and needs during land division processes. This chapter specifies the department’s minimum standards for the division of land that abuts a state trunk highway or connecting highway, in order to provide for the safety of entrance upon and departure from those highways, to preserve the public interest and investment in those highways, to help maintain speed limits, and to provide for the development and implementation of an intermodal transportation system to serve the mobility needs of people and freight and foster economic growth and development, while minimizing transportation-related fuel consumption, air pollution, and adverse effects on the environment and on land owners and users. Preserving the public investment in an integrated transportation system also assures that no person, on the grounds of race, color, or national origin, is excluded from participation in, denied the benefits of, or subjected to discrimination under any transportation program or activity. The authority to impose minimum standards for subdivisions is s. 236.13 (1) (e), Stats. The authority to impose minimum standards for land divisions under ss. 236.34, 236.45 and 703.11, Stats., is s. 86.07 (2), Stats. The authority to impose minimum standards for land divisions to consider and accommodate long-range transportation plans and needs is ss. 1.11 (1), 1.12 (2), 1.13 (3), 20.395 (9) (qx), 66.1001 (2) (c), 84.01 (2), (15), and (17), 84.015, 84.03 (1), 85.02, 85.025, 85.05, 85.16 (1), 86.31 (6), 88.87 (3), and 114.31 (1), Stats.

Note: The Department is authorized and required by ss. 84.01 (15), 84.015, 84.03 (1) and 20.395 (9) (qx), to plan, select, lay out, add to, decrease, revise, construct, reconstruct, improve and maintain highways and related projects, as required by federal law, Title 23, USC and all acts of Congress amendatory or supplementary thereto, and the federal regulations issued under the federal code; and to expend funds in accordance with the requirements of acts of Congress making such funds available. Among these federal laws that the Department is authorized and required to follow are 23 USC 109 establishing highway design standards; 23 USC 134, requiring development and compliance with long-range (minimum of 20 years) metropolitan area transportation plans; and 23 USC 135, requiring development and compliance with long-range (minimum of 20 years) statewide transportation plans. Similarly, the Department is authorized and required by the state statutes cited and other federal law to assure that it does not unintentionally exclude or deny persons equal benefits or participation in transportation programs or activities on the basis of race, color, national origin and other factors, and to give appropriate consideration to the effects of transportation facilities on the environment and communities. A “state trunk highway” is a highway that is part of the State Trunk Highway System. It includes State numbered routes, federal numbered highways, the Great River Road and the Interstate System. A listing of state trunk highways with geographic end points is available in the Department’s “Official State Trunk Highway System and the Connecting Highways” booklet that is published annually as of December 31. The County Maps published by the Wisconsin Department of Transportation also show the breakdown county by county. As of January 1, 1997, there were 11,813 miles of state trunk highways and 520 center-line miles of connecting highways. Of at least 116 municipalities in which there are connecting highways, 112 are cities and 4 or more are villages.

A “connecting highway” is not a state trunk highway. It is a marked route of the State Trunk Highway System over the streets and highways in municipalities which the Department has designated as connecting highways. Municipalities are responsible for their maintenance and traffic control. The Department is generally responsible for construction and reconstruction of the through lanes of connecting highways, but costs for parking lanes and related municipal facilities and other desired local improvements are local responsibilities. The Department reimburses municipalities for the maintenance of connecting highways in accordance with a lane mile formula. See ss. 84.02 (11), 84.03 (10), 86.32 (1) and (4), and 340.01 (60), Stats. A listing of connecting highways with geographic end points is also available in the Department’s “Official State Trunk Highway System and the Connecting Highways” booklet that is published annually as of December 31.

A “business route” is an alternate highway route marked to guide motorists to the central or business portion of a city, village or town. The word “BUSINESS” appears at the top of the highway numbering marker. A business route branches off from the regular numbered route, passes through the business portion of a city and rejoins the regularly numbered route beyond that area. With very rare exceptions, business routes are not state trunk highways or connecting highways. The authorizing statute is s. 84.02(6), Stats. This rule does not apply to business routes.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; am. Register, January, 2001, No. 541, eff. 2-1-01; corrections made under s. 13.93 (2m) (b) 7., Stats., Register January 2004 No. 577.

Wis. Admin. Code § Trans 233.012 Applicability {#sec-trans-233.012 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.012}

(1) In accordance with ss. 86.07 (2), 236.12, 236.34 and 236.45, Stats., this chapter applies to all land division maps reviewed by a city, village, town or county, the department of administration and the department of transportation. This chapter applies to any land division that is created by plat or map under s. 236.12 or 236.45, Stats., by certified survey map under s. 236.34, Stats., or by condominium plat under s. 703.11, Stats., or other means not provided by statute, and that abuts a state trunk highway, connecting highway or service road.

(2) Structures and improvements lawfully placed in a setback area under ch. Trans 233 prior to February 1, 1999, or lawfully placed in a setback area before a land division, are explicitly allowed to continue to exist. Plats that have received preliminary approval prior to February 1, 1999, are not subject to the standards under this chapter as first promulgated effective February 1, 1999, if there is no substantial change between the preliminary and final plat, but are subject to ch. Trans 233 as it existed prior to February 1, 1999. Plats that have received final approval prior to February 1, 1999, are not subject to the standards under this chapter as first promulgated effective February 1, 1999, but are subject to ch. Trans 233 as it existed prior to February 1, 1999. Land divisions on which the department acted between February 1, 1999 and February 1, 2001 are subject to ch. Trans 233 as it existed February 1, 1999.

(3) Any structure or improvement lawfully placed within a setback area under ch. Trans 233 prior to February 1, 1999, or lawfully placed within a setback area before a land division, may be kept in a state of repair, efficiency or validity in order to preserve from failure or decline, and if unintentionally or tortiously destroyed, may be replaced substantially in kind.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; renum. Trans 233.012 to be (1), cr. (2) and (3), Register, January, 2001, No. 541, eff. 2-1-01; correction made under s. 13.93 (2m) (b) 7., Stats., Register January 2004 No. 577.

Wis. Admin. Code § Trans 233.015 Definitions {#sec-trans-233.015 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.015}

Words and phrases used in this chapter have the meanings given in s. 340.01, Stats., unless a different definition is specifically provided. In this chapter:

(1) “Certified survey map” or “CSM” means a map that complies with the requirements of s. 236.34, Stats.

(1m) “Desirable traffic access pattern” means traffic access that is consistent with the technical and professional guidance provided in the department’s facilities development manual.

Note: Guidelines established in the Department’s Facilities Development Manual are not considered “rules,” as defined in s. 227.01 (13), Stats., and so are not subject to the requirements under s. 227.10, Stats.

(1r) “District office” means an office of the division of transportation districts of the department.

(2) “Improvement” means any permanent addition to or betterment of real property that involves the expenditure of labor or money to make the property more useful or valuable. “Improvement” includes parking lots, driveways, loading docks, in-ground swimming pools, wells, septic systems, retaining walls, signs, buildings, building appendages such as porches, and drainage facilities. “Improvement” does not include sidewalks, terraces, patios, landscaping and open fences.

(2m) “In-ground swimming pool” includes a swimming pool that is designed or used as part of a business or open to use by the general public or members of a group or association. “In-ground swimming pool” does not include any above-ground swimming pools without decks.

(3) “Land divider” means the owner of land that is the subject of a land division or the land owner’s agent for purposes of creating a land division.

(4) “Land division” means a division under s. 236.12, 236.34, 236.45 or 703.11, Stats., or other means not provided by statute, of a lot, parcel or tract of land by the owner or the owner’s agent for the purposes of sale or of building development.

(5) “Land division map” means an official map of a land division, including all certificates required as a condition of recording the map.

(5m) “Major intersection” means the area within one-half mile of the intersection or interchange of any state trunk highway or connecting highway with a designated expressway, or freeway, under s. 84.295, Stats., or a designated interstate highway under s. 84.29, Stats.

(6) “Public utility” means any corporation, company, individual or association that furnishes products or services to the public, and that is regulated under ch. 195 or 196, Stats., including railroads, telecommunications or telegraph companies, and any company furnishing or producing heat, light, power, cable television service or water, or a rural electrical cooperative, as described in s. 32.02 (10), Stats.

(6m) “Reviewing municipality” means a city or village to which the department has delegated authority to review and object to land divisions under s. Trans 233.03 (7).

(6r) “Secretary” means the secretary of the department of transportation.

(7) “Structure” includes a temporary or non-permanent addition to or betterment of real property that is portable in nature, but that adversely affects the safety of entrance upon or departure from state trunk or connecting highways or the preservation of public interest and investment in those highways, as determined by the department. “Structure” does not include portable swing sets, movable lawn sheds without pads or footings, and above ground swimming pools without decks.

(7m) “Technical land division” means a land division involving a structure or improvement that has been situated on the real property for at least 5 years, does not result in any change to the use of existing structures and improvements and does not negatively affect traffic. “Technical land division” includes the conversion of an apartment building that has been in existence for at least 5 years to condominium ownership, the conversion of leased commercial spaces in a shopping mall that has been in existence for at least 5 years to owned spaces, and the exchange of deeds by adjacent owners to resolve mutual encroachments.

(8) “Unplatted” means not legally described by a plat, land division map, certified survey map or condominium plat.

(8m) “User” means a person entitled to use a majority of the property to the exclusion of others.

(9) “Utility facility” means any pipe, pipeline, duct, wire line, conduit, pole, tower, equipment or other structure used for transmission or distribution of electrical power or light or for the transmission, distribution or delivery of heat, water, gas, sewer, telegraph or telecommunication service, cable television service or broadcast service, as defined in s. 196.01 (1m), Stats.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; cr. (1m), (1r), (2m), (5m), (6m), (6r), (7m) and (8m), Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § Trans 233.017 Other abuttals {#sec-trans-233.017 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.017}

For purposes of this chapter, land shall be considered to abut a state trunk highway or connecting highway if the land is any of the following:

(1) Land that contains any portion of a highway that is laid out or dedicated as part of a land division if the highway intersects with a state trunk highway or connecting highway.

(2) Separated from a state trunk highway or connecting highway by only unplatted lands that abut a state trunk highway or connecting highway if the unplatted lands are owned by, leased to or under option, whether formal or informal, or under contract or lease to the owner.

(3) Separated from a state trunk highway or connecting highway by only a service road.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 233.02 Basic principles {#sec-trans-233.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.02}

To control the effects of land divisions on state trunk highways and connecting highways and to carry out the purposes of ch. 236, Stats., the department promulgates the following basic requirements:

(1) Local traffic from a land division or development abutting a state trunk highway or connecting highway shall be served by an internal highway system of adequate capacity, intersecting with state trunk highways or connecting highways at the least practicable number of points and in a manner that is safe, convenient and economical.

(2) A land division shall be so laid out that its individual lots or parcels do not require direct vehicular access to a state trunk highway or connecting highway.

(3) The department, in order to integrate and coordinate traffic on a highway or on a private road or driveway with traffic on any affected state trunk highway or connecting highway, shall do both of the following:

(a) Consider, particularly in the absence of a local comprehensive general or master plan, or local land use plan, that plat or map’s relationship to the access requirements of adjacent and contiguous land divisions and unplatted lands.

(b) Apply this chapter to all lands that are owned by, or are under option, whether formal or informal, or under contract or lease to the land divider and that are adjacent to or contiguous to the land division. Contiguous lands include those lands that abut the opposite side of the highway right-of-way.

(4) Setbacks from a state trunk highway or connecting highway shall be provided as specified in s. Trans 233.08.

(5) A land division map shall include provision for the handling of surface drainage in such a manner as specified in s. Trans 233.105 (3).

(6) A land division map shall include provisions for the mitigation of noise if the noise level exceeds noise standards in s. Trans 405.04, Table I.

(7) A land division shall provide vision corners at intersections and driveways per department standards.

Note: Guide dimensions for vision corners are formally adopted in the Department’s Facilities Development Manual, Chapter 11, pursuant to s. 227.01 (13) (e), Stats. Rules governing construction of driveways and other connections with highways are found in ch. Trans 231. Detailed specifications may be obtained at the department’s district offices.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.), Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § Trans 233.03 Procedures for review {#sec-trans-233.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.03}

The following procedures apply to review by the department, district office or reviewing municipality of proposed certified survey maps, condominium plats and other land divisions:

(1) Conceptual review.

(a) Before the lots are surveyed and staked out, the land divider shall submit a sketch to the department’s district office for review. The sketch shall indicate roughly the layout of lots and the approximate location of streets, and include other information required in this chapter.

(b) Unless the land divider submits a preliminary plat under s. 236.12 (2) (a), Stats., the land divider shall have the district office review the sketch described in par. (a).

(c) There is no penalty for failing to obtain conceptual review; the conceptual review procedure is encouraged to avoid waste that results from subsequent required changes.

(2) Preliminary and final plat review. The department shall conduct preliminary and final subdivision plat review under s. 236.12, Stats., when the land divider or approving authority submits, through the department of administration’s plat review office, a formal request for departmental review of the plat for certification of non-objection as it relates to the requirements of this chapter. The request shall be accompanied with the land division map and the departmental review fee. No submittal may be considered complete unless it is accompanied by the fee.

(3) Preliminary and final review for land divisions occurring under s. 236.45 and s. 703.11, stats. The department shall review preliminary and final land division maps under ss. 236.45 and 703.11, Stats., when the approving authority, or the land divider, when there is no approving authority, submits a formal request for departmental review for certification of non-objection as it relates to the requirements of this chapter. The request shall be accompanied with the land division map and the departmental review fee. No submittal may be considered complete unless it is accompanied by the fee. Additional information required is the name and address of the register of deeds, any approving agency, the land division map preparer and the land divider. This information is to be submitted to the district office.

Note: The appropriate department address is Access Management Coordinator, Bureau of Highway Development, 4802 Sheboygan Avenue, Room 651, P. O. Box 7916, Madison, WI 53707-7916.

(4) Preliminary and final review for land divisions occurring under s. 236.34 and by other means not prescribed by statutes. The department shall conduct preliminary and final review of land division maps under s. 236.34, Stats., or under any other means not prescribed by statutes, when the land divider submits a formal request for departmental review for certification of non-objection to the land division as it relates to the requirements of this chapter. The request shall be accompanied with the land division map and the departmental review fee. No submittal may be considered complete unless it is accompanied by the fee. Additional information required is the name and address of the register of deeds, any approving agency, the land division map preparer and the land divider. This information shall be submitted to the district office or to the department.

Note: The appropriate department address is Access Management Coordinator, Bureau of Highway Development, 4802 Sheboygan Avenue, Room 651, P. O. Box 7916, Madison, WI 53707-7916.

(5) Time limit for review.

(a) Except as provided in pars. (b) to (d), not more than 20 calendar days after receiving a completed request to review a land division map, the department, district office or reviewing municipality shall do one of the following:

Determine that the land division is a technical land division. Upon determining that a land division is a technical land division, the department, district office or reviewing municipality shall certify that it has no objection to the land division map and shall refund all fees paid for review of that land division map.
Provide written notice to the land divider either objecting to or certifying that it has no objection to the land division.

Note: The 20-day time limit for action on a review without any special exception or variance is also established by statute for subdivision plat reviews in sec. 236.12(3) and (6), Stats.

(b) The department and district offices are not required to complete conceptual reviews under sub. (1) within a specified time, but shall endeavor to complete a conceptual review under sub. (1) within 30 calendar days after receiving the completed request.

(c) If a special exception is requested under s. Trans 233.11, the department, district office or reviewing municipality shall complete its review of the land division map within the time limit provided in s. Trans 233.11 (6).

(d) A request is considered complete under this subsection unless, within 5 working days after receiving the request, the department, district office or reviewing municipality provides written notice to the land divider stating that the request is incomplete and specifying the information needed to complete the request. On the date that additional information is requested under this subdivision, the time period for review ceases to run, but resumes running upon receipt of the requested information.

(e) If the department, district office or reviewing municipality fails to act within the time limit provided in this section or s. Trans 233.11 (6), the department, district office or reviewing municipality shall be considered to have no objection to the land division map or special exception.

(6) District authority to review land division maps. Beginning on February 1, 2001, each district office may review land division maps under this chapter. The department shall develop implementing procedures to assure consistency and uniformity of such reviews among district offices and shall provide uniform guidance in figure 3 of procedure 7-50-5 of the department’s facilities development manual dated December 1, 2000.

Note: Guidelines established under this subsection are not considered “rules”, as defined in s. 227.01 (13), Stats., and so are not subject to the requirements under s. 227.10, Stats. However, this rule references uniform guidance by date so that future revisions to that uniform guidance will become effective only if ch. Trans 233 is amended.

(7) Municipal authority to review land division maps. The department may, upon request, delegate to a city or village authority to review and object to any proposed land division that abuts a state trunk highway or connecting highway lying within the city or village. The department shall develop a uniform written delegation agreement in cooperation with cities and villages. The delegation agreement may authorize a city or village to grant special exceptions under s. Trans 233.11. Any decision of a reviewing municipality relating to a land division map or special exception is subject to the appeal procedure applicable to such decisions made by the department or a district office, except that the department may unilaterally review any such decision of a reviewing municipality to ensure conformity with the delegation agreement and this chapter and may reverse or modify the municipality’s decision as appropriate. No reviewing municipality may change its setback policy after executing a delegation agreement under this section, except by written amendment to the delegation agreement approved by the department.

(8) Appeals.

(a) Department review. Except as provided in this paragraph and par. (b), a land divider, governmental officer or entity, or member of the general public may appeal a final decision of a district office or reviewing municipality regarding a land division map, special exception, or consequence of a failure to act to the secretary or the secretary’s designee. Appeals may be made not more than 20 calendar days after that final decision or failure to act. The secretary or the secretary’s designee may reverse, modify or affirm the decision. Not more than 60 calendar days after receiving the appeal, the secretary or secretary’s designee shall notify the appealing party and the land divider in writing of the decision on appeal. If the secretary or secretary’s designee does not provide written notice of his or her decision within the 60-day limit, the department is considered to have no objection to the final decision of the district office or reviewing municipality. The department may not unilaterally initiate a review of a decision of a district office certifying non-objection to a land division map, with or without a special exception. The department may unilaterally review any decision of a reviewing municipality relating to a land division map to ensure conformity with the delegation agreement and this chapter, and may reverse or modify the municipality’s decision as appropriate. No person may appeal a conceptual review under sub. (1).

(b) Judicial review.

‘Chapter 236 land divisions.’ Judicial review of any final decision of the department, district office or reviewing municipality relating to a land division that is subject to ch. 236, Stats., shall follow appeal procedures specified in that chapter.

Note: Land divisions subject to plat approval under s. 236.10, Stats., shall follow the procedures specified in s. 236.13(5), Stats.

‘All other land divisions.’ Judicial review of any final decision of the department, district office or reviewing municipality relating to a land division that is not subject to ch. 236, Stats., shall follow the procedures specified in ch. 227, Stats., for judicial review of agency decisions.

Note: Final administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to judicial review as provided in ch. 227, Stats.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.), (2), (3) and (4), r. and recr. (5), cr. (6) to (8), Register, January, 2001, No. 541, eff. 2-1-01; Reprinted to correct printing error in (3) Register January 2004 No. 577.

Wis. Admin. Code § Trans 233.04 Required information {#sec-trans-233.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.04}

The land divider shall show on the face of the preliminary or final land division map or on a separate sketch, at a scale of not more than 1,000 feet to the inch, the approximate distances and relationships between the following, and shall show the information in subs. (1) to (8) about the following:

(1) The geographical relationship between the proposed land division and of any unplatted lands that abut any state trunk highway or connecting highway and that abut the proposed land division, and the ownership rights in and the land divider’s interest, if any, in these unplatted lands.

(2) The locations of all existing and proposed highways within the land division and of all private roads or driveways within the land division that intersect with a state trunk highway or connecting highway.

(3) The location, and identification of each highway and private road or driveway, leading to or from the land division.

(4) The principal use, as agricultural, commercial, industrial or residential, of each private road or driveway that leads to or from the land division.

(5) The locations of all easements for accessing real property within the land division.

(6) The location of the highway nearest each side of the land division.

(7) The location of any highway or private road or driveway that connects with a state trunk highway or connecting highway that abuts the land division, if the connection is any of the following:

(a) Within 300 feet of the land division, if any portion of the land division lies within a city or village.

(b) Within 1,000 feet of the land division, if no part of the land division lies within a city or village.

(8) All information required to be shown on a land division map shall be shown in its proper location

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 233.05 Direct access to state trunk highway or connecting highway {#sec-trans-233.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.05}

(1) No land divider may divide land in such a manner that a private road or driveway connects with a state trunk highway or connecting highway or any service road lying partially within the right-of-way of a state trunk highway or connecting highway, unless the land divider has received a special exception for that purpose approved by the department, district office or reviewing municipality under s. Trans 233.11. The following restriction shall be placed on the face of the land division map, or as part of the owner’s certificate required under s. 236.21 (2) (a), Stats., and shall be executed in the manner specified for a conveyance:

Note: The denial of a special exception for access or connection purposes is not the functional equivalent of the denial of a permit under s. 86.07 (2), Stats. Appeal of disapproval of a plat (and thus disapproval of a special exception) is available only by certiorari under s. 236.13 (5), Stats. There is no right to a contested case hearing under ss. 227.42 or 227.51 (1), Stats., for the denial of a special exception.

(2) The department may require a desirable traffic access pattern between a state trunk highway or connecting highway and unplatted lands that abut the proposed land division and that are owned by or under option, whether formal or informal, contract or lease to the owner. The department may require a recordable covenant running with the land with respect to those unplatted lands.

(3) No person may connect a highway or a private road or driveway with a state trunk highway, connecting highway, or with a service road lying partially within the right-of-way of a state trunk highway or connecting highway, without first obtaining a permit under s. 86.07, Stats. The department may not issue a permit authorizing the connection of a highway with a state trunk highway or connecting highway to any person other than a municipality or county. The department may not issue any permit under s. 86.07, Stats., prior to favorable department review of the preliminary or final land division map or, for a subdivision plat, prior to the department’s certification of no objection.

Note: The authority maintaining the highway is the one that issues, denies or places conditions on any permit issued under s. 86.07 (2), Stats. Cities and villages are responsible for the maintenance of connecting highways under s. 86.32 (1), Stats. Cities and villages must condition any permit issued with respect to a connecting highway upon compliance with all requirements imposed pursuant to this chapter.

(4) Whenever the department finds that existing and planned highways provide the land division with reasonable and adequate access to a highway, the department shall prohibit the connection to a state trunk highway or connecting highway of any highway and private road or driveway from within the land division.

Note: Rules governing construction of driveways and other connections with a state trunk highway are found in ch. Trans 231. Detailed specifications may be obtained at the Department’s district offices.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; am. (1), Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § Trans 233.06 Frequency of connections with a state trunk highway or connecting highway {#sec-trans-233.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.06}

(1) The land division shall be laid out with the least practicable number of highways and private roads or driveways connecting with abutting state trunk highways or connecting highways.

(2) The department shall determine a minimum allowable distance between connections with the state trunk highway or connecting highway, between any 2 highways within the land division and between a highway within the land division and any existing or planned highway. To the extent practicable, the department shall require a distance of at least 1,000 feet between connections with a state trunk highway or connecting highway.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 233.07 Temporary connections {#sec-trans-233.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.07}

(1) The department may issue temporary connection permits, which authorize the connection of a highway or a private road or driveway with a state trunk highway or connecting highway. The department may issue temporary connection permits in the case of:

(a) A land division which at the time of review cannot provide direct traffic access complying with the provisions of s. Trans 233.06 (2).

(b) A land division layout which might necessitate a point or pattern of traffic access for a future adjacent land division, not in accordance with s. Trans 233.06 (2).

(2) The department may require that such temporary connections be altered or closed by the permit holder at a later date in order to achieve a desirable traffic access pattern. The permit may require the permit holder to alter or close the temporary connection by a specified date or upon the completion of a specified activity. The permit holder is responsible for the expense of closing or altering the temporary connection.

(2m) A temporary connection shall be prominently labeled “Temporary Connection” on the land division map, and the following restriction shall be lettered on the land division map:

(3) When such a temporary connection is granted, the owner shall dedicate a service road or a satisfactory alternative, to provide for a present or future pattern of access that complies with s. Trans 233.06 (2).

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 233.08 Setback requirements and restrictions {#sec-trans-233.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.08}

(1) Except as provided in this section or in s. Trans 233.11 or, with respect to connecting highways, as provided in s. 86.16 (1), Stats., no person may erect, install or maintain any structure or improvement within a setback area determined under sub. (2) or (3).

(2)

(a) Except as provided in par. (b), the setback area is the area within 110 feet of the centerline of a state trunk highway or connecting highway or within 50 feet of the nearer right-of-way line of a state trunk highway or connecting highway, whichever is furthest from the centerline.

(b) If an applicable ordinance allows structures or improvements to be located closer to the right-of-way of a state trunk highway or connecting highway than is provided under par. (a), the setback area is the area between the right-of-way and the more restrictive of the following:

The distance allowed under the ordinance.
42 feet from the nearer right-of-way line.
100 feet from the centerline.

(c) At least once every 2 years, the department shall produce general reference maps that generally identify major intersections and the highways specified in subds. 1. to 5. The department may reduce or extend, by not more than 3 miles along the highway, the area subject to a setback established under par. (a) or (b) to establish logical continuity of a setback area or to terminate the setback area at a readily identifiable physical feature or legal boundary, including a highway or property boundary. Persons may seek special exceptions to the setback requirement applicable to these major intersections and highways, as provided in s. Trans 233.11 (3). The setback area established under par. (a) or (b) applies only to major intersections and to highways identified as:

State trunk highways and connecting highways that are part of the national highway system and approved by the federal government in accordance with 23 USC 103(b) and 23 CFR 470.107(b).
State trunk highways and connecting highways that are functionally classified as principal arterials in accordance with procedure 4-1-15 of the department’s facilities development manual dated July 2, 1979.
State trunk highways and connecting highways within incorporated areas, within an unincorporated area within 3 miles of the corporate limits of a first, second or third class city, or within an unincorporated area within 1½ miles of a fourth class city or a village.
State trunk highways and connecting highways with average daily traffic of 5,000 or more.
State trunk highways and connecting highways with current and forecasted congestion projected to be worse than level of service “C,” as determined under s. Trans 210.05 (1), within the following 20 years.

Note: The National Highway System (NHS) includes the Interstate System, Wisconsin’s Corridors 2020 routes, and other important routes. Highways on the NHS base system were designated by the Secretary of USDOT and approved by Congress in the National Highway System Designation Act of 1995. NHS Intermodal Connector routes were added in 1998 with the enactment of the Transportation Equity Act for the 21st Century. Modifications to the NHS must be approved by the Secretary of USDOT. Guidance criteria and procedures for the functional classification of highways are provided in (1) the Federal Highway Administration (FHWA) publication ’Highway Functional Classification--Concepts, Criteria and Procedures” revised in March 1989, and (2) former ch. Trans 76. The federal publication is available on request from the FHWA, Office of Environment and Planning, HEP-10, 400 Seventh Street, SW., Washington, DC 20590. Former ch. Trans 76 is available from the Wisconsin Department of Transportation, Division of Transportation Investment Management, Bureau of Planning. The results of the functional classification are mapped and submitted to the Federal Highway Administration (FHWA) for approval and when approved serve as the official record for Federal-aid highways and one basis for designation of the National Highway System. In general, the highway functional classifications are rural or urban: Principal Arterials, Minor Arterials, Major Collectors, Minor Collectors, and Local Roads. The definition of “level of service” used for this paragraph is the same as in ss. Trans 210.03(4) and 210.05(1) for purposes of the MAJOR HIGHWAY PROJECT NUMERICAL EVALUATION PROCESS. In general, the “level of service” refers to the ability of the facility to satisfy both existing and future travel demand. Six levels of service are defined for each type of highway facility ranging from A to F, with level of service A representing the best operating conditions and level of service F the worst. Department engineers will use the procedures outlined in the general design consideration guidelines in Chapter 11, Section 5 of the Wisconsin Department of Transportation’s Facilities Development Manual to determine the level of highway service. Under the rule as effective February 1, 1999, s. Trans 233.08(1) provides 4 ways to erect something in a setback area (1) for utilities, follow the procedures set forth in the rule, (2) obtain a variance (now “special exception”), (3) for utilities, get local approval for utilities on or adjacent to connecting highways, or for utilities within the right of way of state trunk highways, get department approval (a mere “technical” exception), and (4) erect something that doesn’t fall within the definition of “structure” or within the definition of “improvement.” The provision below now adds a fifth “exception,” (5) be 15 feet or more outside the right of way line of a defined and mapped set of highways.

(d) In addition to producing general reference maps at least once every 2 years that identify highways and intersections under par. (c), at least every 2 years the department shall also produce more detailed reference maps suitable for use in the geographic area of each district office.

(3) If any portion of a service road right-of-way lies within the setback area determined under sub. (2), the setback area shall be increased by the lesser of the following:

(a) The width of the service road right-of-way, if the entire service road right-of-way lies within the setback area. Any increase under this paragraph shall be measured from the boundary of the setback area determined under sub. (2).

(b) The distance by which the service road right-of-way lies within the setback area, if the entire service road right-of-way does not lie within the setback area. Any increase under this paragraph shall be measured from the nearer right-of-way line of the service road.

Note: For example, if a service road ROW extends 15 feet (measured perpendicularly to the setback) into the setback determined under sub. (2), and runs for a distance of 100 feet, the setback determined under sub. (2) shall be pushed 15 feet further from the centerline, running for a distance of 100 feet. See Graphic.

(3m)

(a) Notwithstanding sub. (1), a public utility may erect, install or maintain a utility facility within a setback area.

(b) If the department acquires land that is within a setback area for a state trunk highway, as provided by this chapter, and on which a utility facility is located, the department is not required to pay compensation or other damages relating to the utility facility, unless the utility facility is any of the following:

Erected or installed before the land division map is recorded.
Erected or installed on a recorded utility easement that was acquired prior to February 1, 1999.
Erected or installed after the land division map is recorded but with prior notice in writing, with a plan showing the nature and distance of the work from the nearest right-of-way line of the highway, to the department’s appropriate district office within a normal time of 30 days, but no less than 5 days, before any routine, minor utility erection or installation work commences, nor less than 60 days, before any major utility erection or installation work commences, if any utility work is within the setback.

Note: For purposes of this section, “major utility erection or installation work” includes, but is not limited to, work involving transmission towers, communication towers, water towers, pumping stations, lift stations, regulator pits, remote switching cabinets, pipelines, electrical substations, wells, gas substations, antennae, satellite dishes, treatment facilities, electrical transmission lines and facilities of similar magnitude. “Routine minor utility erection or installation work” refers to single residential distribution facilities and similar inexpensive work of less magnitude. The concept behind the flexible, “normal time of 30 days” standard for utility submission of notice and plans to the department is to encourage and require at least 60 days notice from utilities for larger, complex or expensive installations, but not for routine, minor utility work that has traditionally involved only a few days notice for coordination and issuance of utility permits by the department for which a minimum of 5 days notice is mandatory. However, the normal time for submission and review is 30 days. This notice and plan requirement does not apply to maintenance work on existing utilities.

Erected or installed before the land division map is recorded but modified after that date in a manner that increases the cost to remove or relocate the utility facility. In such a case, the department shall pay compensation or other damages related to the utility facility as it existed on the date the land division map was recorded, except that if the modification was made with prior notice in writing, with a plan showing the nature and distance of the work from the nearest right-of-way line of the highway, to the department’s appropriate district office within a normal time of 30 days, but no less than 5 days, before any routine, minor utility erection or installation work commences, nor less than 60 days, before any major utility erection or installation work commences, if any utility work is within the setback, then the department shall pay compensation or other damages related to the utility facility as modified.

(c) If a local unit of government or the department acquires land that is within a setback area for a connecting highway as provided by this chapter and on which a utility facility is located, the department is not required to pay compensation or other damages relating to the utility facility, unless the utility facility is compensable under the applicable local setbacks and the utility facility is in any of the categories described in par. (b) 1. to 4.

Note: A “connecting highway” is not a state trunk highway. It is a marked route of the state trunk highway system over the streets and highways in municipalities which the Department has designated as connecting highways. Municipalities have jurisdiction over connecting highways and are responsible for their maintenance and traffic control. The Department is generally responsible for construction and reconstruction of the through lanes of connecting highways, but costs for parking lanes and related municipal facilities and other desired local improvements are local responsibilities. See ss. 84.02 (11), 84.03 (10), 86.32 (1) and (4), and 340.01 (60), Stats. A listing of connecting highways and geographic end points are available in the department’s “Official State Trunk Highway System and the Connecting Highways” booklet that is published annually as of December 31.

(d) The department shall review the notice and plan to determine whether a planned highway project within a 6-year improvement program under s. 84.01 (17), Stats., or a planned major highway project enumerated under s. 84.013 (3), Stats., will conflict with the planned utility facility work. If the department determines a conflict exists, it will notify the utility in writing within a normal time of 30 days, but no more than 5 days, after receiving the written notice and plan for any routine, minor utility erection or installation work, nor more than 60 days, after receiving the written notice and plan for any major utility erection or installation work, and request the utility to consider alternative locations that will not conflict with the planned highway work. The department and utility may also enter into a cooperative agreement to jointly acquire, develop and maintain rights of way to be used jointly by WISDOT and the public utility in the future as authorized by s. 84.093, Stats. If the department and utility are not able to make arrangements to avoid or mitigate the conflict, the utility may proceed with the utility work, but notwithstanding pars. (b) and (c), the department may not pay compensation or other damages relating to the utility facility if it conflicts with the planned highway project. In order to avoid payment of compensation or other damages to the utility, the department is required to record a copy of its written notice to the utility of the conflict, that adequately describes the property and utility work involved, with the register of deeds in the county in which the utility work or any part of it is located.

Note: The Department will make the general and detailed maps readily available to the public on the internet and through other effective means of distribution.

(3n) Any person may erect, install or maintain any structure or improvement at 15 feet and beyond from the nearer right-of-way line of any state trunk highway or connecting highway not identified in s. Trans 233.08 (2) (c). Any person may request a special exception to the setback requirement established under this subsection, as provided in s. Trans 233.11 (3). This subsection does not apply to major intersections or within the desirable stopping sight distance, as determined under procedure 11-10-5 of the department’s facilities development manual dated June 10, 1998, of the intersection of any state trunk highway or connecting highway with another state trunk highway or connecting highway. This subsection does not supersede more restrictive requirements imposed by valid applicable local ordinances.

Note: Technical figures 2, 3, 3m, 4, 4m, 5, 6 and 6m within Procedure 11-10-5 have various dates other than June 10, 1998 or are undated.

(4) The land division map shall show the boundary of a setback area on the face of the land division map and shall clearly label the boundary as a highway setback line and shall clearly show existing structures and improvements lying within the setback area.

(5) The owner shall place the following restriction upon the same sheet of the land division map that shows the highway setback line:

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; cr. (2) (c), (d) and (3n), Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § Trans 233.105 Noise, vision corners and drainage {#sec-trans-233.105 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.105}

(1) Noise. When noise barriers are warranted under the criteria specified in ch. Trans 405, the department is not responsible for any noise barriers for noise abatement from existing state trunk highways or connecting highways. Noise resulting from geographic expansion of the through-lane capacity of a highway is not the responsibility of the owner, user or land divider. In addition, the following notation shall be placed on the land division map:

Note: Some land divisions will result in facilities located in proximity to highways where the existing noise levels will exceed recommended federal standards. Noise barriers are designed to provide noise protection only to the ground floor of abutting buildings and not other parts of the building. Noise levels may increase over time. Therefore, it is important to have the caution placed on the land division map to warn owners that the department is not responsible for further noise abatement for traffic and traffic increases on the existing highway, in the absence of any increase by the department to the highway’s through-lane capacity.

(2) Vision corners. The department may require the owner to dedicate land or grant an easement for vision corners at the intersection of a highway with a state trunk highway or connecting highway to provide for the unobstructed view of the intersection by approaching vehicles. The owner shall have the choice of providing the vision corner by permanent easement or by dedication. If the department requires such a dedication or grant, the owner shall include the following notation on the land division map:

Note: Guide dimensions for vision corners are formally adopted in the Department’s Facilities Development Manual, Chapter 11, pursuant to s. 227.01 (13) (e), Stats.

(3) Drainage. The owner of land that directly or indirectly discharges stormwater upon a state trunk highway or connecting highway shall submit to the department a drainage analysis and drainage plan that assures to a reasonable degree, appropriate to the circumstances, that the anticipated discharge of stormwater upon a state trunk highway or connecting highway following the development of the land is less than or equal to the discharge preceding the development and that the anticipated discharge will not endanger or harm the traveling public, downstream properties or transportation facilities. Various methods of hydrologic and hydraulic analysis consistent with sound engineering judgment and experience and suitably tailored to the extent of the possible drainage problem are acceptable. Land dividers are not required by this subsection to accept legal responsibility for unforeseen acts of nature or forces beyond their control. Nothing in this subsection relieves owners or users of land from their obligations under s. 88.87 (3) (b), Stats.

Note: In sec. 88.87 (1), Stats., the Legislature has recognized that development of private land adjacent to highways frequently changes the direction and volume of flow of surface waters. The Legislature found that it is necessary to control and regulate the construction and drainage of all highways in order to protect property owners from damage to lands caused by unreasonable diversion or retention of surface waters caused by a highway and to impose correlative duties upon owners and users of land for the purpose of protecting highways from flooding or water damage. Wisconsin law, sec. 88.87 (3), Stats., imposes duties on every owner or user of land to provide and maintain a sufficient drainage system to protect downstream and upstream highways. Wisconsin law, sec. 88.87 (3) (b), Stats., provides that whoever fails or neglects to comply with this duty is liable for all damages to the highway caused by such failure or neglect. The authority in charge of maintenance of the highway may bring an action to recover such damages, but must commence the action within 90 days after the alleged damage occurred. Section 893.59, Stats. Additional guidance regarding drainage may be found in Chapter 13 and Procedure 13-1-1 of the Department’s Facilities Development Manual.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; am. (1), (2) (intro.) and (3), Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § Trans 233.11 Special exceptions {#sec-trans-233.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.11}

(1) Department consent. No municipality or county may issue a variance or special exception from this chapter without the prior written consent of the department.

(3)

(a) Special exceptions for setbacks allowed. The department, district office or, if authorized by a delegation agreement under sub. (7), reviewing municipality may authorize special exceptions from this chapter only in appropriate cases when warranted by specific analysis of the setback needs, as determined by the department, district office or reviewing municipality. A special exception may not be contrary to the public interest and shall be in harmony with the general purposes and intent of ch. 236, Stats., and of this chapter. The department, district office or reviewing municipality may grant a special exception that adjusts the setback area or authorizes the erection or installation of any structure or improvement within a setback area only as provided in this subsection. The department, district office or reviewing municipality may require such conditions and safeguards as will, in its judgment, secure substantially the purposes of this chapter.

Note: The phrase “practical difficulty or unnecessary hardship” has been eliminated from the rule that was effective February 1, 1999, to avoid the adverse legal consequences that could result from the existing use of the word “variance.” The Wisconsin Supreme Court has interpreted “variance” and this phrase to make it extremely difficult to grant “variances” and in so doing has eased the way for third party legal challenges to many “variances” reasonably granted. See State v. Kenosha County Bd. of Adjust., 218 Wis. 2d 396, 577 N.W.2d 813 (1998). The Supreme Court defined “unnecessary hardship” in this context as an owner having “no reasonable use of the property without a variance.” Id. at 413. The “special exception” provision in this rule is not intended to be so restrictive and has not been administered in so restrictive a fashion. In the first year following revisions of ch. Trans 233, effective February 1, 1999, the Department granted the vast majority of “variances” requested, using a site and neighborhood-sensitive context based on specific analysis.

(b) Specific analysis for special exceptions for setbacks. Upon request for a special exception from a setback requirement of this chapter, the department, district office or reviewing municipality shall specifically analyze the setback needs. The analysis may consider all of the following:

The structure or improvement proposed and its location.
The vicinity of the proposed land division and its existing development pattern.
Land use and transportation plans and the effect on orderly overall development plans of local units of government.
Whether the current and forecasted congestion of the abutting highway is projected to be worse than level of service “C,” as determined under s. Trans 210.05 (1), within the following 20 years.
The objectives of the community, developer and owner.
The effect of the proposed structure or improvement on other property or improvements in the area.
The impact of potential highway or other transportation improvements on the continued existence of the proposed structure or improvement.
The impact of removal of all or part of the structure or improvement on the continuing viability or conforming use of the business, activity, or use associated with the proposed structure or improvement.
Transportation safety.
Preservation of the public interest and investment in the highway.
Other criteria to promote public purposes consistent with local ordinances or plans for provision for light and air, providing fire protection, solving drainage problems, protecting the appearance and character of a neighborhood, conserving property values, and, in particular cases, to promote aesthetic and psychological values as well as ecological and environmental interests.

(c) Adjust setback. If the department, district office or reviewing municipality grants a special exception by adjusting the setback area, the department shall pay just compensation for any subsequent department-required removal of any structure or improvement that the department has allowed outside of the approved, reduced setback area on land that the department acquires for a transportation improvement. The department may not decrease the 15 foot setback distance established under s. Trans 233.08 (3n), except in conformity with a comprehensive local setback ordinance, generally applicable to the vicinity of the land division, that expressly establishes a closer setback line.

(d) Allow in setback – removal does not affect viability. The department, district office or reviewing municipality may authorize the erection of a structure or improvement within a setback area only if the department, district office or reviewing municipality determines that any required removal of the structure or improvement, in whole or in part, will not affect the continuing viability or conforming use of the business, activity, or use associated with the proposed structure or improvement, and will not adversely affect the community in which it is located. Any owner or user who erects a structure or improvement under a special exception granted under this paragraph assumes the risk of future department-required removal of the structure or improvement and waives any right to compensation, relocation assistance or damages associated with the department’s acquisition of that land for a transportation improvement, including any damage to property outside the setback caused by removal of the structure or improvement in the setback that was allowed by special exception. The department, district office or reviewing municipality may not grant a special exception within an existing setback area, unless the owner executes an agreement or other appropriate document required by the department, binding on successors and assigns of the property, providing that, should the department need to acquire lands within the setback area, the department is not required to pay compensation, relocation costs or damages relating to any structure or improvement authorized by the special exception. The department, district office or reviewing municipality may require such conditions and safeguards as will, in its judgment, secure substantially the purposes of this chapter. The department, district office or reviewing municipality shall require the executed agreement or other appropriate document to be recorded with the register of deeds under sub. (7) as part of the special exception.

(e) Blanket or area special exceptions for setbacks. Based on its experience granting special exceptions on similar land divisions, similar structures or improvements, or the same area and development pattern, the department may grant blanket or area special exceptions from setback requirements of this chapter that are generally applicable. The department shall record blanket or area special exceptions with the register of deeds in the areas affected or shall provide public notice of the blanket or area special exceptions by other means that the department determines to be appropriate to inform the public.

(f) Horizon of setback analysis. For purposes of its specific analysis, the department, district office or reviewing municipality shall consider the period 20 years after the date of analysis.

Note: Federal law requires a minimum 20-year forecast period for transportation planning for all areas of the State. 23 USC 134 (g) (2)(A) and 135 (e) (1).

(4) Special exceptions for provisions of this chapter other than setbacks. Except as provided in sub. (3), the department may not authorize special exceptions from this chapter, except in appropriate cases in which the literal application of this chapter would result in practical difficulty or unnecessary hardship, or would defeat an orderly overall development plan of a local unit of government. A special exception may not be contrary to the public interest and shall be in harmony with the general purposes and intent of ch. 236, Stats., and of this chapter. The department may require such conditions and safeguards as will, in its judgment, secure substantially the purposes of this chapter.

Note: This subsection uses the phrase “practical difficulty or unnecessary hardship to indicate a higher standard for special exceptions from provisions of this chapter other than setbacks. However, the phrase “special exception” has been used rather than the word “variance.” The Supreme Court defined “unnecessary hardship” in a variance context as an owner having “no reasonable use of the property without a variance.” See State v. Kenosha County Bd. of Adjust., 218 Wis. 2d 396, 413, 577 N.W.2d 813 (1998). The department intends the “special exception” provision in this rule to be administered in a somewhat less restrictive fashion than “no reasonable use of the property” without a “variance.”

(5) Municipal special exceptions. A delegation agreement under s. Trans 233.03 (8) may authorize a reviewing municipality to grant special exceptions. No municipality may grant special exceptions to any requirement of this chapter, except in conformity with a delegation agreement under this subsection. Any decision of a reviewing municipality relating to a special exception is subject to the appeal procedure applicable to such decisions made by the department or a district office, except that the department may unilaterally review any such decision of a reviewing municipality only for the purposes of ensuring conformity with the delegation agreement and this chapter.

(6) Time limit for review. Not more than 60 calendar days after receiving a completed request for a special exception under s. Trans 233.11, the department, district office or reviewing municipality shall provide to the land divider written notice of its decision granting or denying a special exception. The 60-day time limit may be extended only by written consent of the land divider.

Note: The Department intends that decisions concerning special exceptions be made in the shortest practicable period of time. The Department intends the 60-day time limit applicable to special exceptions to allow sufficient time for a land divider and the Department, district office or municipality to explore alternative locations or plans to avoid and minimize conflicts and to facilitate mutually acceptable resolutions to conflicts.

(7) Recording required. A special exception granted under this section is effective only when the special exception is recorded in the office of the register of deeds. Any structure or improvement erected under authority of a special exception granted under this section is presumed to have been first erected on the date the special exception is recorded.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; renum. (2) to be (3) (a) and am., cr. (3) (b) to (f) and (4) to (7), Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § Trans 233.12 Performance bond {#sec-trans-233.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.12}

The department may, in appropriate cases, require that a performance bond be posted, or that other financial assurance be provided, to ensure the construction of any improvements in connection with the land division which may affect a state trunk highway.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § Trans 233.13 Fees {#sec-trans-233.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 233.13}

The department shall charge a fee of $110 for reviewing a land division map that is submitted under s. 236.10, 236.12, 236.34, 236.45 or 703.11, Stats., or other means not provided by statute, on or after the first day of the first month beginning after February 1, 1999. The fee is payable prior to the department’s review of the land division map. The department may change the fee each year effective July 1 at the annual rate of inflation, as determined by movement in the consumer price index for all urban consumers (CPI-U), published the preceding January in the CPI detailed report by the U.S. department of labor’s bureau of labor statistics, rounded down to the nearest multiple of $5.

Note: Chapter Trans 233 as it existed prior to the adoption of the 1999 amendments on February 1, 1999, is printed below.

Chapter Trans 233

LAND SUBDIVISION PLATS ABUTTING STATE TRUNK HIGHWAYS AND CONNECTING STREETS

Trans 233.01 Purpose. (1) Purpose of ch. 236, Stats. The purpose of ch. 236, Stats., is “to regulate the subdivision of land to promote public health, safety and general welfare; to further the orderly layout and use of land; to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, and other public requirements; to provide for proper ingress and egress; and to promote proper monumenting of land subdivided and conveyancing by accurate legal description. The approvals to be obtained by the subdivider as required in this chapter shall be based on requirements designed to accomplish the aforesaid purposes.”

(2) Purpose of rules. Accordingly, the purpose of these rules is to specify minimum standards necessary to meet the requirements of state highway commission review of land subdivision plats abutting the state trunk highway system as provided under s. 236.13 (1) (e), Stats., as follows:

“(e) The rules of the state highway commission relating to provision for the safety of entrance upon and departure from the abutting state trunk highways or connecting streets and for the preservation of the public interest and investment in such highways or streets.”

Trans 233.02 Basic principles. Land subdivision tends to affect highways by generating traffic, increasing vehicular parking requirements, reducing sight distance, increasing driveways and other access points and, in general, impairing safety and impeding traffic movements. To control these tendencies and to carry out the purposes of ch. 236, Stats., the commission promulgates the following basic requirements in this section and the specific rules of subsequent sections of these rules and regulations:

(1) Local traffic generated in subdivisions abutting on a state trunk highway shall be served by an internal street system of adequate capacity, intersecting and connecting with state trunk highways at a minimum number of points and in a manner which is safe, convenient, and economical to maintain and regulate.

(2) Subdivisions shall be so laid out that the individual lots or parcels do not require direct vehicular access to the highway.

(3) To accomplish reasonable functional integration and coordination of roadways and private driveways:

(a) The commission, particularly in the absence of a local comprehensive general or master plan or official map, will consider not only the immediate plat before it, but also its relationship to the access requirements of adjacent and contiguous subdivisions and unplatted lands;

(b) These rules and regulations shall be applicable not only to the lands proposed to be subdivided but also to all lands owned by, or under option (formal or informal), contract or lease to the subdivider and which are contiguous to and adjoin the land being subdivided.

(4) Setbacks from the highway shall be provided as hereinafter specified.

(5) The subdivision layout shall include provision for surface drainage in such a manner that the existing highway drainage system is not adversely affected.

Trans 233.03 Definitions. (1) “State trunk highway” includes connecting streets as defined in s. 84.02 (11), Stats.

(2) “Subdivision” is as defined in s. 236.02 (7), Stats.; provided, however; that where the local unit of government, under s. 236.45 (2), Stats., has adopted an ordinance governing the subdivision or other division of land which is more restrictive than the provisions of ch. 236, Stats., and has provided for commission review, these rules and regulations shall also apply to those subdivisions or other divisions of land as specified in the ordinance.

(3) “Subdivision abutting a state trunk highway” means:

(a) A subdivision some part of which adjoins or abuts a state trunk highway; or

(b) A subdivision which includes streets one or more of which is to be laid out or dedicated as part of the subdivision, and which is to connect with a state trunk highway; or

(c) A subdivision which is separated from a state trunk highway by unplatted lands which abut the highway and the subdivision and are owned by, or under option (formal or informal), contract or lease to the subdivider.

(4) “Frontage street” or “frontage road” means a local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.

(5) “Street” or “road” includes alleys.

Trans 233.04 Required information. The subdivider shall show on the face of the preliminary plat or on a separate sketch at a scale of not more than 1,000 feet to the inch, the approximate distances and relationships for the following:

(1) The geographic relationship to the proposed subdivision of any unplatted lands which abut any state trunk highway and are contiguous to the proposed subdivision, and the ownership rights in and the subdivider’s interest, if any, in these lands.

(2) All existing, proposed, authorized or approved points of access to any state trunk highway from said unplatted lands which abut any state trunk highway and are contiguous to the proposed subdivision.

(3) The classification of each point of access as a public road, private road or other entrance, and whether existing, proposed, authorized or approved.

(4) The principal use of each point of access (other than a public road) as agricultural, commercial, industrial or residential, and as existing under commission permit or otherwise.

(5) The location of the nearest public highway or street on every side of the proposed subdivision.

(6) The location of public highway or street intersections with the state trunk highway on that side of the state trunk highway opposite the subdivision and within 300 feet on each side of the subdivision.

Trans 233.05 Direct access to state trunk highway. (1) There shall be no direct vehicular access between the state trunk highway and the individual lots or parcels in the subdivision without the express consent of the commission. The following restriction shall be appropriately placed on the face of the plat and shall be executed as a conveyance is executed. (It may be made a part of the owner’s certificate required by s. 236.21 (2) (a), Stats.);

As owner I hereby restrict all lots and blocks (except Lot Block ), in that no owner, possessor, user, nor licensee, nor other person shall have any right of direct vehicular ingress or egress with (U.S.H.) (S.T.H.)_____________ or _______________Street, as shown on the plat; it being expressly intended that this restriction shall constitute a restriction for the benefit of the public according to s. 236.293, Stats., and shall be enforceable by the state highway commission.

(2) In accordance with the objectives and purposes of these rules and regulations, the commission may require a desirable pattern of access between a state trunk highway and abutting lands which are contiguous to and adjoin the proposed subdivision and which are owned by or under option (formal or informal), contract or lease to the subdivider. A recordable covenant running with the land may be required with respect thereto.

(3) When deemed feasible, frontage roads or a satisfactory alternative will be required.

(4) Before street connections to state trunk highways, as indicated on an approved plat can be constructed, a permit must be obtained as required under s. 86.07, Stats. These permits for street connections will be issued only to the local unit of government and will not be issued prior to favorable commission review of the preliminary or final plat.

Trans 233.06 Frequency of street or road connections. (1) The subdivision shall be laid out with a minimum number of street connections with abutting state trunk highways.

(2) Dependent upon the character of the state trunk highway abutting the subdivision, the commission will determine a minimum allowable distance between connections with the state trunk highway, 2 subdivision streets or between a subdivision street and an existing or planned street or road. In general, a distance of at least 1,000 feet will be required.

(3) In appropriate cases where existing streets provide access to the state trunk highway deemed reasonable and adequate by the commission, the streets in the subdivision shall not be opened directly into the state trunk highway.

Trans 233.07 Temporary street connections. (1) The commission may issue temporary street permits for street connections in the case of:

(a) A subdivision which at the time of review cannot provide direct access complying with the provisions of s. Trans 233.06 (2).

(b) A subdivision layout which might necessitate a point or pattern of access for a future adjacent subdivision, not in accordance with s. Trans 233.06 (2).

(2) The commission may require that such temporary street connections be altered or closed by the appropriate parties or authorities at a later date in order to achieve a desirable access pattern. The street connection shall be prominently labeled “Temporary Street Connection” on the plat, and the following restriction shall be lettered on the plat:

“The street connection(s) shown on this plat shall be used under a temporary street permit which may be canceled at such time as a feasible alternate means of access to (S.T.H.) (U.S.H.) is provided.”

(3) When such a temporary street connection is granted, the subdivider shall dedicate a frontage road or a satisfactory alternative, to provide for a present or future pattern of access in accordance with the requirements of s. Trans 233.06 (2).

Trans 233.08 Setback requirements. (1) There shall be a minimum building setback 110 feet from the centerline of the state trunk highway or 50 feet outside the nearer right-of-way line, whichever is more restrictive. However, if the local unit of government has a uniform setback ordinance which requires a minimum building setback for state trunk highways equal to or greater than 100 feet from the centerline or 42 feet from the nearer right-of-way line, whichever is more restrictive, the local ordinance shall govern for the sake of consistency; provided that the local unit of government shall allow no variances or exceptions for platted areas abutting state trunk highways without prior approval of the commission. There shall be no improvements or structures placed between the highway and the set back line.

(2) The setback requirement shall be shown on the plat and shall be a restriction for the benefit of the public under s. 236.293, Stats.

(3) The commission may require that a frontage road be set back from the present highway to allow for future highway improvement. When this is the case, the area between the highway and the frontage road shall be marked “Dedicated for highway purposes,” and shall be deemed so dedicated.

Trans 233.09 Physical requirements of access. Rules governing construction requirements of driveways and street openings will be found in ch. Trans 231. Detailed specifications may be obtained at the district offices of the commission.

Trans 233.10 Recommended procedure. In accordance with s. 236.12 (2) (a), Stats., the commission recommends the following procedure:

(1) Before the lots are surveyed and staked out, the subdivider or his agent should submit a sketch to the district office of the district in which the land lies. The sketch should indicate roughly the layout of lots and the approximate location of streets, and should include other information required in these rules and regulations.

(2) The subdivider should confer with district office representatives throughout development of the plat.

(3) Prior to the formal submittal of a preliminary or final plat pursuant to s. 236.12 (2) (a), Stats., the subdivider should have the district office review the plat.

Trans 233.11 Variances. The commission may, in appropriate cases and subject to appropriate conditions and safeguards, authorize variances to the terms of these rules and regulations in special cases where the literal application of these rules and regulations will result in practical difficulty or unnecessary hardship, or will defeat an orderly over-all development plan of a local unit of government; provided that such variance shall not be contrary to the public interest and shall be in harmony with the general purposes and intent of ch. 236, Stats., and these rules and regulations.

Trans 233.12 Performance bond. The commission may, in appropriate cases, require that a performance bond be posted to ensure the construction of any improvements in connection with the subdivision which may affect a state trunk highway.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.
Cr. Register, September, 1956, No. 9, eff. 10-1-56.
Cr. Register, September, 1956, No. 9, eff. 10-1-56.
Cr. Register, September, 1956, No. 9, eff. 10-1-56.
Cr. Register, September, 1956, No. 9, eff. 10-1-56.
Cr. Register, September, 1956, No. 9, eff. 10-1-56.
Cr. Register, September, 1956, No. 9, eff. 10-1-56.
Cr. Register, September, 1956, No. 9, eff. 10-1-56; corrections in (1) and (3) made under s. 13.93 (2m) (b) 4., Stats., Register, June, 1989, No. 402; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488.
Cr. Register, September, 1956, No. 9, eff. 10-1-56.
Cr. Register, September, 1956, No. 9, eff. 10-1-56; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488.
Cr. Register, September, 1956, No. 9, eff. 10-1-56.
Cr. Register, September, 1956, No. 9, eff. 10-1-56.
Cr. Register, September, 1956, No. 9, eff. 10-1-56.

Chapter Trans 250 OVERSIZE AND OVERWEIGHT PERMITS FOR VEHICLES AND LOADS

Wis. Admin. Code § Trans 250.01 Purpose and scope {#sec-trans-250.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.01}

(1) The purpose of this chapter is to establish general policies which apply to all types of permits authorized by ss. 348.25 to 348.27, Stats. Detailed requirements for individual types of permits are contained in chs. Trans 230 and 251 to 275.

(2) The scope of this chapter includes all applicable provisions of ss. 348.25 to 348.27, Stats., and requirements contained in chs. 341 to 348, Stats.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488.

Wis. Admin. Code § Trans 250.02 Definitions {#sec-trans-250.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.02}

(1) The definitions of words and phrases in chs. 340, 348, and 990, Stats., except s. 990.01 (12), Stats., apply to chs. Trans 250 to 275 unless a different definition is specifically provided.

(2) As used in chs. Trans 250 to 275:

(d) “Overheight” means a height greater than the limitations in s. 348.02 or 348.06, Stats.

(e) “Overlength” means a length greater than the limitations in s. 348.02 or 348.07, Stats., or a projection of a load exceeding the limitations in s. 348.10 (1), Stats., or the limitations on length or number of vehicles in combination under s. 348.02 or 348.08, Stats., or any or all of them.

(f) “Oversize” means overheight, overlength, or overwidth or any or all of them.

(g) “Overweight” means a weight exceeding the limitations in ss. 348.02, 348.15 to 348.17, Stats., or s. 348.18, Stats., or any limitation imposed by the department under s. 348.175 or 349.16, Stats.

(h) “Overwidth” means a width exceeding the limitations of s. 348.02 or 348.05, Stats., or a projection of a load exceeding the limitations of s. 348.09, Stats., or any or all of them.

(hg) “Region” means the geographical area under the administration of a region office.

(hr) “Region office” means an office of the division of transportation system development of the department.

(i) “Single trip permit” means any of the permits which may be issued under s. 348.26, Stats.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; corrections in (2) (a), (b) made under s. 13.92 (4) (b) 6., Stats., and renum. (2) (a), (b) to (2) (hg), (hr) under s. 13.92 (4) (b) 1., Register February 2013 No. 686.

Wis. Admin. Code § Trans 250.025 Permit applications {#sec-trans-250.025 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.025}

(1) The department shall receive applications for the oversize and overweight permits authorized by ss. 348.25 to 348.27, Stats. Within 30 days after receiving a fully completed application and the required permit fees, the department shall review and shall either grant or deny the application.

(2) If the department fails to grant or deny an application within the 30 days, the department shall submit a report to the department of development, permit information center. The report shall satisfy the requirements of s. 227.116 (4), Stats., and shall identify the applicant and the applicant’s business activity, explain briefly why the application was not reviewed and granted or denied within 30 days, state the time within which the department will complete its review and determination and describe how the department expects to avoid similar future delays.

Note: The 30 days within which the department is to act shall be computed in accordance with s. 990.001 (4), Stats. Thus, the date of application receipt is excluded. If the last day falls on a Saturday, Sunday or legal holiday, the last day shall be the next day that is not a Saturday, Sunday or legal holiday.

History

Cr. Register, August, 1985, No. 356, eff. 9-1-85; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384.

Wis. Admin. Code § Trans 250.03 Permit fees {#sec-trans-250.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.03}

Except as provided in s. 348.17, Stats., the department shall charge the fees specified in s. 348.25 (8) (a) to (dm), Stats., for any single trip or multiple trip permit issued. The fee for a multiple trip permit applies regardless of the length of time the permit is valid.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register March 2004 No. 579; correction made under s. 13.92 (4) (b) 7., Stats., Register October 2008 No. 634; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 250.05 Special investigation fees {#sec-trans-250.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.05}

(1) The department shall charge the following special investigation fees:

(a) For each single trip permit for a width exceeding 16 feet, a region review fee of $10 for each region through which the load is routed to cover the costs incurred by the region office in reviewing the adequacy of the route for the proposed move.

(b) For each single trip permit for a gross weight exceeding 150,000 pounds, a bridge review fee of $10 per hour for each employee-hour or fraction thereof required to review the adequacy of the bridges to support the proposed load to cover the costs incurred by the department for this review.

(c) For any other special investigation deemed necessary by the department because of the size or weight of the load or of the route to be travelled, the actual cost incurred by the department in making the investigation.

(2) The fees under sub. (1) shall be charged regardless of whether the special investigation is conducted before or after a permit application is received and regardless of whether a permit is issued or denied.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; correction in (1) (a) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 250.06 Fees for amending permits {#sec-trans-250.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.06}

(1) The department shall charge the following fees for amending a permit after it is issued.

(a) If the size or weight of the vehicle or vehicles and load is changed, the fee calculated under s. Trans 250.03 for the permit as amended less the fee under that section originally paid but not less than $10.

(b) If the origin or destination of the trip or the route is changed, the fee calculated under s. Trans 250.03 for the permit as amended.

(c) If the expiration date of a single trip permit is changed and if the permit has not been used, $10, except that if the permit was originally issued for less than 15 calendar days including holidays and weekends and the amendment would extend the validity of the permit to a total of not more than 15 days, the amendment shall be issued without charge.

(d) If the towing unit on a single trip permit is changed before the permit is used, the permit may be amended once without a fee, but a fee of $10 shall be charged for the second and each subsequent change.

(e) If the permit is changed in any other way, the same fee as in par. (a).

(f) If the permit is changed in the same amendment in more than one of the ways under pars. (a) to (e), only the greatest fee under par. (a), (b), (c), (d), or (e), as applicable, shall be charged.

(2) The fees under sub. (1) are not applicable if the amendment is necessitated because of an error by the department or its employees in issuing the permit.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83.

Wis. Admin. Code § Trans 250.07 Fees for additional copies of permits {#sec-trans-250.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.07}

(1) The department shall charge $0.25 per page for copies of permits after the time of original issuance and for copies of permits in excess of 2, including the original, at the time of original issuance.

(2) In addition to the fee under sub. (1), the department shall charge a fee of $2 per permit if the copies are certified.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83.

Wis. Admin. Code § Trans 250.08 Governments exempt from fees {#sec-trans-250.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.08}

No fee under s. Trans 250.03 or ss. Trans 250.05 to 250.07 shall be charged to any department of a state nor to any county, town, or municipality nor to any branch of the United States government or any foreign government for any type of single trip or multiple trip permit issued to any of them in their name nor to any law enforcement agency or other local, state, or federal officials for copies of permits required for their use for official business.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83.

Wis. Admin. Code § Trans 250.09 Effective and expiration dates of permits {#sec-trans-250.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.09}

(1) Permits and amendments to permits issued prior to the effective date shown in the permit become effective at 12:01 a.m. on the effective date shown, unless a different time is shown in the permit.

(2) Permits and amendments to permits issued on the effective date shown on the permit become effective at the time of issuance, unless a different time is shown in the permit.

(3) Permits and amendments to permits expire at 11:59 p.m. on the expiration date shown in the permit unless a different time is shown in the permit.

Note: This section is not to be interpreted as allowing movements at times during which the permit is suspended by its own terms, or by a rule applicable to the permit, or by other action of the department. Such times may include, but are not limited to, hours of darkness, weekends, and holidays.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83.

Wis. Admin. Code § Trans 250.10 Limitations on amendments to permits {#sec-trans-250.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.10}

(1) No permit may be amended to change the permittee from one person to another.

(2) No multiple trip permit may be amended to change the vehicle for which the permit is valid.

(3) A permit may not be amended to increase the size or weight authorized by a permit or to change the route authorized by a permit after a citation has been issued alleging that the terms of the permit were violated. Any such amendment issued in good faith by a person authorized to issue such an amendment but who lacked knowledge that a citation had been issued is void. In the case of multiple trip permits, this subsection applies only to an amendment which would affect the movement being made at the time the citation was issued but does not restrict the issuance of an amendment which would affect a subsequent movement.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83.

Wis. Admin. Code § Trans 250.11 Validity of bridge and region reviews {#sec-trans-250.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 250.11}

Bridge and region reviews conducted for an applicant are valid for 90 days and shall not be repeated for subsequent permit applications from that applicant during that period unless the department has knowledge that highway conditions have changed if:

(1) The size and weight of the vehicle and load under the subsequent application is no greater than under the application for which the review was conducted and the route is the same; and

(2) The applicant includes the permit number of the permit for which the review was conducted or other description sufficient for the department to locate its copy of the review in the subsequent application.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; corrections in (title), (intro.) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Chapter Trans 251 VEHICLE WEIGHT AUTHORIZED BY MULTIPLE TRIP PERMITS

Wis. Admin. Code § Trans 251.01 Definitions {#sec-trans-251.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 251.01}

(1) Words and phrases defined in ss. 340.01, 348.01, and 348.15 (1), Stats., are used in the same sense in this chapter unless a different definition is specifically provided.

(2) “Axle-group” means one or more axles which support one end of a vehicle.

Note: Normally a motor vehicle or a trailer will have 2 axle-groups and a semi-trailer only one axle-group under this definition, but a trailer may also have only one axle-group if it is located near the center of the trailer with the trailer and load balanced over it.

History

Cr. Register, January, 1982, No. 313, eff. 2-1-82.

Wis. Admin. Code § Trans 251.02 Vehicle weight authorized by annual permits {#sec-trans-251.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 251.02}

(1) Unless otherwise provided in the approved permit, the gross weight imposed on the highway by the wheels of any axle-group or by any axle or combination of 2 or more consecutive axles within an axle-group on a vehicle or combination of vehicles being operated under an annual permit issued under s. 348.27 (2), Stats., may not exceed:

(2) Unless otherwise provided in the approved permit, the gross weight imposed on the highway by the wheels of any 2 consecutive axle-groups on a vehicle or combination of vehicles being operated under an annual permit issued under s. 348.27 (2), Stats., may not exceed the gross weights in the following table for each of the respective distances between axle-groups and the respective numbers of axles in each axle-group when the distance between the axle-groups is measured between the centers of the nearest axles of the 2 axle-groups:

(3) The overall gross weight imposed on the highway by all of the wheels on a vehicle or combination of vehicles being operated under an annual permit issued under s. 348.27 (2), Stats., may not exceed the maximum gross weight shown on the face of the permit.

History

Cr. Register, January, 1982, No. 313, eff. 2-1-82.

Wis. Admin. Code § Trans 251.03 Vehicle weight authorized by pole length and pulpwood permits and by transportation of coal permits {#sec-trans-251.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 251.03}

(1) In this section:

(a) “Tandem axle” means 2 axles not less than 42 inches apart but less than 108 inches apart articulated from a common point provided there is no other axle closer than 108 inches to either of them.

(b) “Single axle” means one axle not less than 108 inches from any other axle.

(2) The gross weight imposed on the highway by the wheels of any axle of an overweight vehicle or combination of vehicles being operated under a pole length and pulpwood permit issued under s. 348.27 (9), Stats., or a transportation of coal permit issued under s. 348.27 (10), Stats., may not exceed:

(a) 18,000 pounds for a single axle;

(b) 16,000 pounds for each axle of a tandem axle, except that, on a vehicle or combination of vehicles with a gross weight of more than 73,280 pounds, only one tandem axle may have axle weights of 16,000 pounds each and any additional tandem axles may have axle weights of not more than 13,000 pounds for each axle;

(3) The gross weight imposed on the highway by all of the wheels of an overweight vehicle or combination of vehicles being operated under a pole length and pulpwood permit issued under s. 348.27 (9), Stats., or a transportation of coal permit issued under s. 348.27 (10), Stats., may not exceed whichever of the following is the least:

(a) The maximum gross weight shown on the face of the permit;

(b) The sum of the weights authorized on the axles of the vehicle or combination of vehicles, calculated in accordance with sub. (2); or,

Note: This section adopts Michigan law to apply to the special commodity permits allowed by the statutes referred to. By statute, permits are only valid within 5 (for coal) or 11 miles of the Michigan-Wisconsin boundary.

History

Cr. Register, January, 1982, No. 313, eff. 2-1-82.

Wis. Admin. Code § Trans 251.04 Vehicle weight authorized by other multiple trip permits {#sec-trans-251.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 251.04}

The axle, axle-group, and gross weights authorized by a general permit, an industrial interplant permit, or an emergency energy conservation permit shall be as stated in the permit.

History

Cr. Register, January, 1982, No. 313, eff. 2-1-82.

Wis. Admin. Code § Trans 251.05 Vehicle weight authorized by transportation of garbage or refuse permits and by the transportation of scrap permits {#sec-trans-251.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 251.05}

(1) Unless otherwise provided in the approved permit, the gross weight imposed on the highway by the wheels of any axle group or by any axle or combination of 2 or more consecutive axles within an axle group on a vehicle or combination of vehicles being operated under a transportation of garbage or refuse permit issued under s. 348.27 (12), Stats., or under a transportation of scrap permit issued under s. 348.27 (9r), Stats., may not exceed the lowest of the following weights:

(a) The sum of the manufacturer’s rated weight-carrying capacity of the tires on the axle, combination of axles, or axle-group;

(b) The sum of the manufacturer’s rated weight-carrying capacity of the axle or axles in the combination of axles or axle-group; or

(2) Unless otherwise provided in the approved permit, the gross weight imposed on the highway by the wheels of any 2 consecutive axle-groups on a vehicle or combination of vehicles being operated under a transportation of garbage or refuse permit issued under s. 348.27 (12), Stats., or under a transportation of scrap permit issued under s. 348.27 (9r), Stats., may not exceed the sum of the weights authorized on the individual axle-groups under sub. (1).

(3) The overall gross weight imposed on the highway by all of the wheels on a vehicle or combination of vehicles being operated under a transportation of garbage or refuse permit issued under s. 348.27 (12), Stats., or under a transportation of scrap permit issued under s. 348.27 (9r), Stats., may not exceed the maximum gross weight shown on the face of the permit or the sum of weights authorized on the individual axle-groups on the vehicle or combination of vehicles under sub. (1), whichever is less.

History

Emerg. cr. eff. 5-10-82; cr. Register, January, 1983, No. 325, eff. 2-1-83; am. (1) (intro.), (2) and (3), Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 251.06 Vehicle weight authorized by transportation of raw forest and agricultural products permits {#sec-trans-251.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 251.06}

(1) Unless otherwise provided in the approved permit, the gross weight imposed on the highway by any wheel, axle, or any group of 2 or more consecutive axles of a vehicle or combination of vehicles being operated under a transportation of raw forest and agricultural products permit issued under s. 348.27 (9m), Stats., may not exceed the weights authorized in s. 348.15 (3), Stats., by more than 12.5%.

(2) The overall gross weight imposed on the highway by all of the wheels on a vehicle or combination of vehicles being operated under a transportation of raw forest and agricultural products permit issued under s. 348.27 (9m), Stats., may not exceed the maximum gross weight shown on the face of the permit or 90,000 pounds, whichever is less.

History

Cr. Register, January, 1982, No. 313, eff. 2-1-82; renum. from Trans 251.05, Register, January, 1983, No. 325, eff. 2-1-83; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91.

Chapter Trans 252 ESCORT VEHICLES

Wis. Admin. Code § Trans 252.01 Authority, purpose and scope {#sec-trans-252.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 252.01}

(1) This chapter is adopted pursuant to the authority of the department under s. 348.25 (3), Stats.

(2) The purpose of this chapter is to interpret and implement s. 348.25 (3), Stats., by establishing the general policies which apply to escort vehicles.

(3) This chapter applies to the operation of escort vehicles required as a condition for operation under a permit issued under the authority of ss. 348.25 to 348.27, Stats., specifically including the applicable provisions of chs. Trans 230 and 250 to 275.

History

Cr. Register, June, 1989, No. 402, eff. 7-1-89; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488.

Wis. Admin. Code § Trans 252.02 Definitions {#sec-trans-252.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 252.02}

Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01(2), Stats., and s. Trans 250.02 apply to this chapter.

History

Cr. Register, June, 1989, No. 402, eff. 7-1-89; am (2), r. (3), Register, July, 1991, No. 427, eff. 8-1-91; r. and recr. Register, February, 2000, No. 530, eff. 3-1-00.

Wis. Admin. Code § Trans 252.03 General conditions {#sec-trans-252.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 252.03}

(1) The department or local authority issuing a permit may require the use of an escort vehicle, or escort vehicles, as a condition of operation under any oversize or overweight permit.

(2) When required by the terms of a permit, the permittee shall secure escort by a uniformed police officer using a marked squad car, and shall pay all charges therefor. A permittee may at his or her option utilize a police escort in lieu of an escort vehicle and shall pay the charges therefor.

(3) One or more escort vehicles, including police escort vehicles, may be required by the permit issuing authority to accompany the oversize or overweight vehicle or load for unusual conditions such as extremely winding or hilly roads or where traffic is very heavy or when the permitted vehicle or load is unusually wide.

(4) A separate escort shall be provided for each load being transported.

History

(2), (3) and (4) renum. from Hy 30.02 (5) (q), (r) and (o) and am. (2) and (3), cr. (1), Register, June, 1989, No. 402, eff. 7-1-89.

Wis. Admin. Code § Trans 252.04 Operator qualifications and duties {#sec-trans-252.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 252.04}

(1) An escort vehicle shall be checked by the escort operator before each escort assignment to make sure that it is in safe operating condition.

(2) No person may operate an escort vehicle unless the person is at least 18 years of age and has in his or her immediate possession an operator’s license issued to the escort vehicle operator and valid in Wisconsin.

(3)

(a) Before movement of the oversize or overweight vehicle or load begins, the escort operator shall read the permit which authorizes the movement and any and all conditions imposed by the permitting authority for operation under the permit, including but not limited to, specific routes to be followed, the speed of movement, or the times of day during which the movement is permitted or restricted.

(b) The escort operator shall observe all conditions imposed on operation under the permit.

(4) The escort vehicle headlamps shall be lighted in the low beam position and the warning lamps required by s. Trans 252.05 (3) shall be lighted when accompanying the movement of a vehicle operated under permit. The escort vehicle’s amber warning lamps may not be operated when the vehicle is not engaged as an escort.

(5) When a single escort vehicle is required by the conditions of the permit and the movement is upon 2-way undivided roadways, the escort vehicle shall precede the vehicle or load being moved under a permit by a distance of at least 300 feet and sufficient to give advance warning to vehicles coming from the opposite direction. Where the road narrows because of a bridge or for any other reason, or at a sharp turn or other point of special hazard because of the weight, width or length of the vehicle or load operated under permit, the driver of the escort vehicle shall slow down or stop, as necessary, to give adequate warning to oncoming traffic, utilizing hand flagging methods as necessary with a clean, bright red or orange flag at least 18 inches square.

(6) When a single escort vehicle is required as a condition of the permit and the movement is upon one-way roadways, including divided highways with one or more lanes of travel in the same direction, the escort vehicle shall follow the vehicle or load being transported under permit at a distance of 300 to 500 feet with its required warning lamps and sign visible from the rear.

(7) When more than one escort vehicle is used or required as a condition of the permit, then one escort shall precede the permitted vehicle as required in sub. (5) and one escort shall follow the permitted vehicle as required in sub. (6) regardless of the type of highway.

History

(1), (2) and (5) renum. from Hy 30.02 (5) (p), (l), and (h) and am. (2) and (5), cr. (3), (4), (6) and (7), Register, June, 1989, No. 402, eff. 7-1-89; am. (2), Register, July, 1991, No. 427, eff. 8-1-91; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 2000, No. 530.

Wis. Admin. Code § Trans 252.05 Vehicle and equipment requirements {#sec-trans-252.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 252.05}

(1) Vehicle. An escort vehicle shall be a Type 1 automobile or a single-unit motor truck of not more than 16,000 pounds actual gross vehicle weight, gross vehicle weight rating or registered weight. The escort vehicle shall be so designed as to afford its driver a clear and unobstructed view to the front, rear, right and left. Unobstructed view to the rear may be provided by outside mirrors on both sides of the vehicle.

Note: The escort vehicle sign may not exceed “overhang” limitations specified in s. 348.09, Stats., which states:

348.09 Projecting loads on side of vehicles. (1) No person, without a permit therefor, shall operate on a highway any motor vehicle, trailer or semitrailer carrying any load extending beyond the fender line on the left side or extending more than 6 inches beyond the fender line on the right side of the vehicle. In the case of motor trucks, “fender line” means the outermost limits of the rear fenders, flare boards or floor of the body, whichever projects outward the farthest.

(2) This section applies even though the total width of the vehicle and load does not exceed the maximum permitted under s. 348.05.

(2) Oversize load sign. A vehicle escorting an oversize vehicle shall have an “OVERSIZE LOAD” sign mounted above the roof of the escort vehicle and above any equipment mounted on the vehicle which would obscure an approaching driver’s clear view of the sign. The lettering on the sign shall be 10 inches high in black on a solid yellow or amber background and may not have a stroke width of less than one and one-half inches. The visible surface of the sign may not be less than 5 feet wide and 12 inches high. The sign shall be visible to traffic approaching from the front of an escort vehicle preceding a load. In the case of an escort vehicle operating to the rear of the load being transported, the sign shall be visible to traffic approaching from the rear. No sign message may be displayed to traffic when the escort vehicle is not escorting an oversize load.

(3) Warning lamps.

(a) An escort vehicle shall be equipped with at least 2 amber warning lamps mounted on or above the vehicle roof. A warning lamp includes a single or multiple pulse strobe light. Each such warning lamp shall flash, pulse or rotate between 30 and 120 times per minute. The multiple flash effect shall be counted as a single flash. Each such warning lamp shall have sufficient intensity to be clearly visible and attention-attracting at a distance of 500 feet, under all conditions when the oversize or overweight vehicle or load is on the highway, except when visibility of the lamp is temporarily obstructed by a hill crest, a curve or an object such as another vehicle.

(b) The amber warning lamps shall be mounted at the same level, shall be separated laterally as much as possible, shall be visible all around, or 360°, and shall flash, pulse or rotate.

(4) Radio. The department or local authority issuing an oversize or overweight permit may require that each escort vehicle be equipped with a radio transceiver, maintained in good working order, with which each escort vehicle operator can communicate with the other escorts and the operator of the vehicle being operated under permit. When radio equipment is required, the authority issuing the permit shall state the requirement on the oversize or overweight permit.

History

(1) to (3) renum. from Hy 30.02 (5) (i), (m) and (h) and am., cr. (4) and (5), Register, June, 1989, No. 402, eff. 7-1-89; am. (1), r. (2), renum. (3) to (5) to be (2) to (4) and am. (2) and (3), Register, February, 2000, No. 530, eff. 3-1-00.

Wis. Admin. Code § Trans 252.06 Police escorts exempted {#sec-trans-252.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 252.06}

(1) An escort vehicle which is a marked police squad car is exempt from the vehicle, flag and sign requirements of s. Trans 252.05 (1) and (2). Normal police red or blue emergency lights shall be deemed to satisfy the warning lamps requirement of s. Trans 252.05 (3).

(2) The police officer operating a police escort vehicle is exempt from s. Trans 252.04 (2). Compliance with s. Trans 252.04 (1), (4), (5), (6) and (7) shall be at the discretion of the officer.

History

Cr. Register, June, 1989, No. 402, eff. 7-1-89; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 2000, No. 530.

Chapter Trans 253 MULTIPLE TRIP OVERWEIGHT AND OVERSIZE PERMITS FOR VEHICLES OPERATING NEAR THE WISCONSIN-MICHIGAN BORDER

Wis. Admin. Code § Trans 253.01 Purpose {#sec-trans-253.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 253.01}

The purpose of this chapter is to establish standards and procedures for the issuance of overweight and oversize permits for the transportation of commodities and goods in Wisconsin, within 11 miles of the Wisconsin-Michigan border, pursuant to s. 348.27 (9) (a), Stats.

Note: Mileage is measured as straight-line air distance from the Wisconsin-Michigan border.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 253.02 Definitions {#sec-trans-253.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 253.02}

Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01 (2), Stats., and s. Trans 250.02 apply to this chapter. In this chapter, “permit” means multiple trip overweight or oversize permits authorized under s. 348.27 (9) (a), Stats., which includes permit pages, copies of all written approvals for movement on local highways, a copy of this chapter, a copy of ch. Trans 251, and any other written conditions of movement issued by the department.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 253.03 Overweight and oversize permits; general {#sec-trans-253.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 253.03}

(1) The department may issue annual or consecutive month permits for the transportation of overweight and overlength loads in vehicles meeting the requirements of this chapter.

(2) A permit issued under this chapter is not a guarantee of the sufficiency of any highway or structure for the transporting of the vehicle or load, or both.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 253.04 Permit application {#sec-trans-253.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 253.04}

An application for a permit shall be submitted on a department form and shall include the following:

(1) The name, address and telephone number of the applicant.

(2) The name and address of the applicant’s insurer, and the applicant’s policy number and policy expiration date.

(3) The date on which the applicant seeks to have the permit first become valid, not more than 60 days later than the date of application.

(4) The overall length of the vehicle, and the gross weight of the vehicle.

(5) An indication of whether the vehicle is a combination vehicle and the type of combination, the make, year, and vehicle identification number for the vehicle.

(6) An indication of the number of pneumatic tires and maximum gross weight for each axle on the vehicle.

(7) An indication of the spacing between each axle.

(8) An affirmation that the owner has insurance in the amounts required by this chapter or such higher amount as may be required by the department and that the person accepts the terms of the issuance of a permit under this chapter.

(9) For each local road or county highway permitted under s. Trans 253.06 (4) on which the applicant seeks authority to operate, written proof that permission for operation has been granted by the officer in charge of the maintenance of the highway.

Note: Applications are available upon request from the Motor Carrier Services Section Permit Unit of the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, P.O. Box 7980, Madison, WI 53707.

Note: Permit application procedures are specified in s. Trans 250.025. A permit application may be submitted in person or by mail to the Motor Carrier Services Section Permit Unit. The Motor Carrier Services Section Permit Unit of the Wisconsin Department of Transportation is located at 4802 Sheboygan Avenue, Room 151, P.O. Box 7980, Madison, WI 53707.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 253.05 Eligibility {#sec-trans-253.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 253.05}

The department may issue permits for vehicles under this chapter only to applicants that meet all of the following requirements:

(1) Statutory requirements. The vehicle and any load satisfy the requirements for a permit under s. 348.25, Stats.

(2) Transportation in limited geographic area. The application may not seek authority to transport any commodity or goods on any highway located more than 11 miles from the Wisconsin-Michigan border.

(3) Maximum size. The vehicle may not exceed 8 feet 6 inches in width, nor 13 feet 6 inches in height, nor may any vehicle combination exceed 75 feet in overall length.

(4) Pneumatic tires. The vehicle shall be equipped with pneumatic tires.

(5) Maximum gross weigh.. The vehicle, including any load, may not exceed 154,000 pounds gross weight.

(6) Maximum axle weights. Axle weights may not exceed those specified in s. Trans 251.03.

(7) Axles with 2 tires. The maximum wheel load for any axle operating 2 tires may not exceed 700 pounds per inch of tire width as rated by the manufacturer.

(8) Balanced load. Wheels on one side of the vehicle may not carry more than 60% of the load.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 253.06 Validity {#sec-trans-253.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 253.06}

A permit issued under this chapter is valid only if all of the following conditions are met:

(1) Permitted vehicle only. It is used for the vehicle described in the application and permit.

(2) Permit conditions followed. All conditions of the permit are met, including all maximum axle, axle combination, total weight and length limitations, and restrictions on speed, time or route of travel.

(3) Vehicle eligible for permit. The vehicle meets all the requirements of this chapter.

(4) Area of operation. The vehicle is operated in Wisconsin, within 11 miles of the Wisconsin-Michigan border.

(5) Lawful operation. The driver of the vehicle is obeying all Wisconsin laws contained in chs. 194 and 340 to 349, Stats., and chs. Trans 305 and 325 to 327.

(6) Permit carried on vehicle. The driver carries the permit with attached local road approval letters in the vehicle and available for inspection by any police officer, representative of the department or any local authority or person in charge of maintaining the highway being used.

(7) Obey posted weight and speed limits. The vehicle does not exceed any posted weight limit for a bridge or highway or any temporary weight restriction due to construction or seasonal conditions, and does not exceed any posted speed limits.

(8) Minimum following distance maintained. The driver maintains a distance of 500 feet between the vehicle and any preceding vehicle on the highway, whenever reasonable and practical.

(9) Allow passing. The driver allows approaching or overtaking traffic to pass.

(10) Insurance maintained. Insurance on the vehicle is maintained in accordance with s. Trans 253.08.

(11) Proper registration. If the vehicle is required to be registered by Wisconsin or Michigan law, registration shall be at not less than the permit weight or at the maximum available registration weight, whichever is less.

(12) Operation on pavement surface. The right wheels of the vehicle do not leave the roadway, except to allow traffic to pass.

(13) Alcohol use prohibited. The driver does not:

(a) Consume any alcohol beverage within 4 hours of being on duty time, regardless of alcohol content.

(b) Have an alcohol concentration above 0.0.

Note: Section 346.63 (7) (a), Stats., is applicable to all drivers of commercial motor vehicles.

(14) Driver properly licensed. The driver holds all required licenses bearing the proper classes and endorsements needed to operate the vehicle.

(15) All other needed permits obtained. All other operational permits required by the department or other agencies having jurisdiction over the highways used by the permittee are obtained.

(16) Adverse weather and road conditions. A permit is not valid during periods when adverse weather or road conditions, such as fog, smoke, heavy rain, snow or ice, or wind velocity, impair the safety of a movement under the permit.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97; correction in (5) made under s. 13.93 (2m) (b) 7., Stats.

Wis. Admin. Code § Trans 253.065 Times of operation {#sec-trans-253.065 omnilex-key=us-wi-regs-official--agency-trans--Trans 253.065}

(1) Except as otherwise specified in a permit, a vehicle or load, or both, that is overweight, but not oversize, may operate 24 hours a day, including weekends and holidays.

(2) Except as otherwise specified in a permit, no oversize vehicle or vehicle combination operating under a permit that is equal to or less than 12 feet in width, 13 1/2 feet in height, and 100 feet in length may operate:

(a) Between 4:00 p.m. and 11:00 p.m. on Sunday.

(b) Between 4:00 p.m. and 11:00 p.m. on Friday between the 4th Friday in May and Labor Day.

(d) Between 4:00 p.m. and 11:00 p.m. on the day before any holiday, except that this restriction does not apply to Independence Day when it falls on a Sunday.

(3) In addition to the conditions provided in sub. (2), no oversize vehicle or vehicle combination operating under a permit that exceeds 12 feet in width, 13 1/2 feet in height, or 100 feet in length, may operate:

(a) During the hours of darkness.

(b) During the period beginning at 12:00 noon on the day preceding and continuing until sunrise on the day following every Sunday and holiday.

(4) The department may issue a permit for times other than those specified in sub. (1), (2) or (3), under extraordinary circumstances when, in the opinion of the department, public health and welfare is better served, and may impose additional conditions to promote the safe operation of the vehicle and load.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 253.07 Transfers {#sec-trans-253.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 253.07}

In the event of a breakdown or other circumstance requiring a change of the power unit or trailer identified on the permit, the permit holder may transfer the permit to another vehicle, under the control of the permittee, following the completion of a new application and the issuance of a new permit. The words, “This is a transfer from permit #,” shall be written on the bottom of the application.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 253.08 Insurance and liability conditions {#sec-trans-253.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 253.08}

(1) A permittee shall:

(a) Pay any claim for any bodily injury or property damage resulting from operation under the permit for which the permittee is legally responsible.

(b) Hold the state, its subdivisions, officers, employees and agents harmless from any claim which may arise from operation over public highways under the permit.

(c) Be liable for all damage which any highway or its appurtenances may sustain by reason of any operation under the permit.

(2) The department may waive insurance requirements for permits issued to units of government.

(3) Where a certificate of insurance is required, no insurer may cancel the certificate of insurance without providing the department 10 days advance written notice of the cancellation.

(4) Unless different amounts are required under sub. (5), the permittee shall carry insurance in either of the following minimum amounts:

(a) When the permitted load is not overweight by more than 25%:

(b) When the permitted load exceeds the weight limitations in par. (a):

(5) The department may require a permittee to provide more bodily injury or damage liability coverage than the minimum amounts specified in sub. (4).

(6) A permittee shall certify, and may be required to present satisfactory written evidence, that the amount of insurance coverage required under sub. (4) or (5), or a bond in a form satisfactory to the department, shall be in effect for the vehicle and load designated in the permit while operating on the public highway, unless this requirement is expressly waived by the department.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 253.09 Denial, suspension or revocation of permit {#sec-trans-253.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 253.09}

(1) The department may deny, suspend, or revoke a permit for good cause, pursuant to s. 348.25 (7), Stats. Grounds for the denial, suspension, or revocation of a permit include the following:

(a) Violation of any condition of a permit.

(b) Preventing an employee of the department or a law enforcement officer from performing his or her official duties, or interfering with the lawful performance of his or her duties.

(c) Physically assaulting an employee of the department or a law enforcement officer while performing his or her official duties.

(d) Making a material misstatement in an application for a permit.

(e) Unauthorized alteration of a permit.

(f) Refusal or failure, without just cause, to produce required records.

(g) Nonpayment of the application fee or payment by a check that is subsequently dishonored by the drawee or bank.

(h) Upon the request of the state of Michigan if that state has refused to issue permits to the permit holder or has suspended, revoked or cancelled a permit or license held by the permit holder for cause.

(i) Violation of any other applicable provision under ch. 348, Stats., or this chapter.

(2) A permittee shall immediately return a suspended or revoked permit to the department after receiving notice from the department of the suspension or revocation of the permit.

Note: If a permit is denied, suspended, or revoked, an applicant or permittee may request a hearing before the Department of Administration Division of Hearings and Appeals, s. 348.25 (9), Stats.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Chapter Trans 254 SINGLE TRIP PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLES OR LOADS

Wis. Admin. Code § Trans 254.01 Purpose {#sec-trans-254.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.01}

The purpose of this chapter is to establish standards and procedures for the issuance of single trip oversize or overweight permits, pursuant to s. 348.26 (2), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 254.02 Definitions {#sec-trans-254.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.02}

(1) Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01 (2), Stats., and s. Trans 250.02 apply to this chapter.

(2) As used in this chapter:

(a) “Issuing authority” means the department of transportation or the officer in charge of maintenance of local highways.

Note: The officer in charge of maintenance of local highways varies from jurisdiction to jurisdiction and may include the county highway commissioner; the city, town or village engineer; and the head of a city, town, or village transportation or public works department, or other person.

(b) “Permit” means single trip oversize or overweight permits authorized under s. 348.26 (2), Stats.

(c) “Restricted-travel holidays” means days on which the department restricts the travel of oversize vehicles in anticipation of significantly increased traffic volume. The department shall issue and make available a list of restricted-travel holidays for each year by no later than November 30 of the prior year. In the event no list is published, “restricted-travel holidays” means January 1; the Saturday and Sunday of Easter weekend; the last Monday in May and the immediately preceding Saturday and Sunday; July 4; the Monday after July 4, if July 4 falls on a Sunday; the first Monday in September and the immediately preceding Saturday and Sunday; the Saturday and Sunday initiating the Wisconsin gun deer hunting season; the fourth Thursday in November; the Saturday and Sunday following the fourth Thursday in November if that Sunday is the final day of the Wisconsin gun deer hunting season; December 24; December 25; and December 31.

Note: Oversize travel will typically be restricted on the peak travel days associated with the holidays listed in par. (c), as well as peak travel times associated with the department of natural resources traditional statewide gun deer hunting season. The list of restricted-travel holidays is available at http://www.dot.wisconsin.gov or by request to the DMV Motor Carrier Services Permit Unit, 4802 Sheboygan Avenue, Room 151, P.O. Box 7980, Madison, WI 53707-7980.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 13-093: cr. (2) (c) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § Trans 254.03 Permit application {#sec-trans-254.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.03}

(1) An application for a permit shall be submitted to an issuing authority on a form approved by the department, and in accordance with s. 348.26, Stats.

(1m) The application shall include all requested information, including the applicant’s electronic mail address.

(2) An application for a permit for the use of a state trunk highway shall be made to the department in any of the following ways:

(a) In person, at the department’s central office.

(b) By mail, addressed to the department’s central office.

(d) By authorized permit service.

(3) An application for a permit for the use of a highway maintained by a local authority shall be submitted to the applicable local authority in the manner prescribed by the local authority. An application for a permit for the use of a state trunk highway within the geographical boundaries of a local authority shall be submitted to the applicable local authority in the manner prescribed by the local authority.

Note: Forms used by the department in administering this rule are MV2600 oversize/overweight single trip permit information; MV2604 single trip application; MV2605 single trip permit general conditions; MV2926 military permit application; MV2955 building(s) transport application. These forms may be obtained in person at or by written request to the DMV Motor Carrier Services Section, Permit Unit, 4802 Sheboygan Avenue, Room 151, P.O. Box 7980, Madison, Wisconsin 53707-7980. These forms are also available online at http://www.dot.wisconsin.gov. Forms used by issuing authorities other than the department may be obtained from those authorities.

The department’s oversize/overweight automated issuance system is available online at http://www.dot.wisconsin.gov/business/carriers/osow-autosys.htm.

Permit application procedures are established in s. Trans 250.025.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register 2013 No. 686; CR 13-093: cr. (1m), am. (2) (a), r. and recr. (2) (c) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § Trans 254.04 Permit amendments {#sec-trans-254.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.04}

(1) An application for an amendment to a permit shall be made to the issuing authority which issued the original permit.

(2) An application for an amendment may be made in the same manner as an application for an original permit.

(3) The request shall specify the permit number of the permit to be amended.

(4) A request for an extension of a permit may be made any time until the third day after the expiration date of the permit.

(5) An issuing authority may grant only one extension to a permit.

(6) Except as provided in sub. (7), a permit issued for less than 2 weeks may be extended not more than 2 weeks.

(7) An issuing authority may extend a permit not more than 2 additional weeks where highway or other conditions remain unchanged, or as the issuing authority deems necessary.

Note: Limitations on the amendment of permits are in s. Trans 250.10.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 254.05 Eligibility {#sec-trans-254.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.05}

(1) Any vehicle or vehicle and load to be considered as operating under a permit shall satisfy requirements for a permit under s. 348.25, Stats.

(2) An issuing authority may not issue a permit for mobile homes or camping trailers under this chapter.

(3) An issuing authority may not issue a permit for transporting loads or articles which could reasonably be divided in a manner as to allow transporting of loads or articles in 2 or more loads that are not oversize or overweight, or both.

(4) An issuing authority may not issue a permit to transport more than one article if the vehicle, load, or vehicle and load is overweight.

Note: This section prohibits, among other things, the addition of an extra boom section to a load that is transported under a permit for an overweight vehicle, load, or vehicle and load. Transporting necessary blocking for a load, or transporting the necessary blocking on an otherwise empty vehicle to and from the origin or destination of the load is not prohibited.

(5) An issuing authority may not issue a permit for a vehicle and load exceeding 100 feet in overall length when the rear supporting axle is at or near the rear of the load unless the rear support is separately steered.

(6) An issuing authority may issue a permit only for a vehicle equipped with pneumatic tires.

(7) The issuance of a permit is not a guarantee of the sufficiency of any highway or structure for the transporting of the vehicle, load, or vehicle and load.

(8) A permit may not authorize the operation of more than 2 vehicles in combination.

Note: This does not prohibit the use of dollies to support or assist in supporting one or both ends of a trailer.

(9) A permit may authorize the operation of vehicle combinations consisting of a truck-tractor and semi-trailer with an earth-mover being transported with its power unit resting on the bed of a semi-trailer and its single rear axle trailing on the roadway behind the semi-trailer, in which case the gross weight of the rear axle of the earth mover may not exceed 35,000 pounds.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 254.06 Validity {#sec-trans-254.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.06}

(1) A permit is valid only for the vehicle described in the application and permit.

(2) An issuing authority may suspend a permit, or any of its conditions, because of seasonal highway conditions.

Note: Examples of seasonal highway conditions include spring thaw, flooding and traffic congestion.

(3) No condition of a permit may modify any law or regulation limiting loads because of local conditions, including load limits on bridges and highways, seasonal weight restrictions, or load limits imposed because of construction.

(4) A permit is not valid during periods when adverse weather or road conditions, such as fog, smoke, heavy rain, snow or ice, or wind velocity, impair the safety of a movement under the permit.

(5) A permit may not be used in combination with a multiple trip permit to authorize the movement of an oversize or overweight vehicle, load, or vehicle and load.

(6) A permit is valid only on the route specified in the permit.

(7) A permit is valid only for the movement specified in the permit, which may include the return trip on the reverse route if requested and approved, and which includes the movement of the empty vehicle, whether or not oversize or overweight, to and from the place of pickup or delivery of the permitted load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 254.07 Registration requirements {#sec-trans-254.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.07}

(1) A vehicle operating under a permit shall be registered as required by Wisconsin Statutes, and shall be registered at not less than the permit weight or at the maximum available registration weight, whichever is less.

(2) All other operational permits required by the department or other agencies having jurisdiction shall be obtained.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488.

Wis. Admin. Code § Trans 254.08 Driver and operating requirements {#sec-trans-254.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.08}

(1) The driver of a vehicle operating under a permit shall carry the permit in the vehicle to which it applies and shall have the permit available for inspection by any police officer, representative of the issuing authority, or person in charge of the maintenance of the highway being used.

(2) The driver of a vehicle operating under a permit shall, whenever reasonable and practicable, maintain a distance of not less than 1,000 feet between the permitted vehicle and any vehicle the driver is following, unless actually engaged in overtaking and passing another vehicle.

(3) The driver of a vehicle operating under a permit shall allow traffic approaching or overtaking the permitted vehicle to pass, where it is safe to do so.

(4) The maximum speed of any vehicle with a load 16 feet or wider operating on highways without paved shoulders shall be 35 miles per hour.

(5) Except as provided in sub. (4), or unless a lower speed is specified in the permit, a vehicle operating under a permit may be operated at the posted speed limit.

(6) The right wheels of the towed unit may not leave the roadway, except to allow traffic to pass.

Note: A “roadway” does not include paved or unpaved shoulders. s. 340.01 (54), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 254.09 Maximum size, weight and loading limitations {#sec-trans-254.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.09}

(1) The maximum size, axle, axle combination, and total weight limitations authorized by a permit may not be exceeded.

(2) Property transported under a permit shall be loaded to minimize its size and weight.

(3) An oversize vehicle used for transporting loads under a permit shall be reduced to legal size whenever possible when being operated without load.

Note: Legal sizes are set forth in ch. 348 and s. 349.16, Stats.

(4) A load transported under a permit may not extend beyond the front of the power unit, beyond the left fender line of the transporting vehicle, or more than 6 inches beyond the right fender of the transporting vehicle, unless the overhang is minimized by suitable positioning of the load upon the vehicle.

(5) Loads consisting of more than one article, none of which are oversize, may not be transported under the permit.

(6) Vehicles and loads which, when reasonably divided, would not be oversize or overweight, may not be transported under the permit.

(7) Loads which, when reasonably repositioned on the transporting vehicle would not be oversize or overweight, may not be transported under the permit.

(8) Loads consisting of more than one article, one or more of which are oversize, may be transported under a permit only if:

(a) The vehicle and load is not overweight, and

(b) The other articles transported do not cause the vehicle and load to be oversize in any manner differently from the largest single article.

Note: For example, if a storage tank which is overwidth and overheight (but not overlength) is the single largest article transported, then a toolbox which is not wider, and is not higher, and does not make the vehicle and load overlength or overweight may also be transported.

However, a beam placed crosswise which makes the overall width wider than the storage tank may not be transported as an additional article. Similarly, a beam placed lengthwise which makes the vehicle and load overlength may not be transported as an additional article.

Finally, if the vehicle and load were overweight, then no additional article may be transported.

(9) The load shall be properly secured and fastened to the transporting vehicle.

(10) Wheels on one side of a transporting vehicle may not carry more than 60% of the total gross load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 254.10 Equipment requirements {#sec-trans-254.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.10}

(1) Lighting. An oversize vehicle, or a vehicle with an oversize load operating during the hours of darkness, shall be equipped with the following additional lamps:

(a) For a vehicle with a load which extends beyond the width of the vehicle:

At the outermost extremity of the foremost edge of the projecting load, an amber lamp visible from the front and side.
At the outermost extremity at the rearmost edge of the projecting load, a red lamp visible from the rear and side.
Any portion of an overwidth load extending beyond the width of the foremost or rearmost edge of the vehicle or load, shall be marked with an amber lamp visible from the front, both sides, and rear.
The overwidth portion of a load measuring 3 feet or less from front to rear, shall be marked with an amber lamp visible from the front, both sides and rear, except that if the overwidth projection is located at or near the rear it shall be marked by a red lamp visible from front, side and rear.

(b) For a vehicle with a load which extends more than 4 feet beyond the rear of the vehicle:

On each side of the projecting load, 1 red lamp, visible from the side, located so as to indicate maximum overhang.
On the rear of the projecting load, 2 red lamps, visible from the rear, 1 at each side; and 2 red reflectors visible from the rear, 1 at each side, located so as to indicate maximum width.

(c) All required lamps shall be illuminated whenever a vehicle is operated during hours of darkness. All lamps shall be visible at a distance of 500 feet.

(2) Warning lamps. When required by a permit, warning lamps shall be operated as follows:

(a) All amber flashing or revolving warning lamps shall have a reflector at least 6 inches in diameter and shall be bright enough to be clearly visible and attention-attracting at a distance of 500 feet under all conditions when the load is on the highway, except when visibility is obstructed by a hillcrest, a curve, or an object such as another vehicle.

(b) All warning lamps shall flash at a rate of 30 to 90 times per minute.

(d) Warning lamps may not be operated when a vehicle is not operating under the permit.

(3) Flags.

(a) When a vehicle, load, or vehicle and load is overlength, a single flag shall be fastened at the extreme rear of the load if the overlength or projecting portion is 2 feet wide or less.

(b) When a vehicle, load, or vehicle and load is overlength, 2 flags shall be fastened at the rear of the load to indicate maximum width if the overlength or projecting portion is wider than 2 feet.

(c) When a vehicle, load, or vehicle and load is overwidth, a flag shall be fastened at each front and rear corner of the load. In addition, if any part of the load is more than 4 inches wider than the width of load or vehicle at the front or rear, a flag shall be placed at the widest point of the load.

(d) Each flag shall be solid red or orange in color, and not less than 18 inches square.

(e) In order to wave freely, flags shall be securely fastened by at least one corner or securely mounted on a staff.

(4) Signs.

(a) When a vehicle, load, or vehicle and load, is more than 10 feet wide or is overlength, 2 warning signs shall be displayed. One sign shall be fastened at the front of the power unit and the other at either the rear of the towed unit or at the rear of the load.

(b) Each sign shall state, in black letters on a yellow background,“OVERSIZE LOAD,” and may not be less than 7 feet long and 18 inches high. The letters of the sign may not be less than 10 inches high with a brush stroke of not less than 1.4 inches.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 13-093: r. (5) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § Trans 254.11 Times of operation {#sec-trans-254.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.11}

(1) Except as otherwise specified in a permit, a vehicle, load, or vehicle and load that is overweight, but not oversize, may operate 24 hours a day, including weekends and restricted-travel holidays.

(2) Except as otherwise specified in a permit, no oversize vehicle or vehicle combination operating under a permit issued under this chapter may be operated in Columbia, Dane, Milwaukee, Rock, and Waukesha counties between the hours of 4:00 p.m. and 8:00 p.m. on any of the following days:

(a) Sunday.

(b) Any Friday in the period beginning on the 4th Friday in May and ending on Labor Day.

(d) The day before any restricted-travel holiday, except July 3 if that day falls on a Saturday.

(3) In addition to the conditions provided in sub. (2), no oversize vehicle or vehicle combination operating under a permit issued under this chapter and that exceeds 12 feet in width, 131⁄2 feet in height, or 150 feet in length, may operate in any county:

(a) During the hours of darkness.

(b) During the period beginning at 12:00 noon on Saturday and continuing until sunrise on Sunday.

(d) During the period beginning at 12:00 noon on the day preceding and continuing until sunrise on the day following every restricted-travel holiday.

(4) In addition to the conditions provided in subs. (2) and (3), no oversize vehicle or vehicle combination may operate on any part of the Milwaukee county expressway system constructed pursuant to s. 59.84, Stats., at the following days and times:

(a) Monday through Thursday at the following times:

Between 6:00 a.m. and 9:00 a.m.
Between 3:00 p.m. and 6:00 p.m.

(b) Friday between 6:00 a.m. and 9:00 a.m.

(4a) Subsection (4) does not apply to U.S. highway 45 between West Florist Avenue and West Hampton Avenue or to interstate highway 94 between the Waukesha county line and 108th Street.

Note: 108th Street is also known as Mayfair Road or State Highway 100 at the described location.

(5) An issuing authority may issue a permit for times other than those specified in sub. (1), (2), (3), or (4), under extraordinary circumstances when, in the opinion of the issuing authority, public health and welfare is better served, and may impose additional conditions to promote the safe operation of the vehicle and load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (4) (intro.), cr. (4a), Register, July, 1991, No. 427, eff. 8-1-91; correction in (4) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register June 2005 No. 594; CR 13-093: am. (1), (2) (intro.), r. and recr. (2) (a) to (d), am. (3) (intro.), (b), cr. (3) (c), (d), am. (4) (intro.), r. and recr. (4) (a), (b), cr. (4) (c) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § Trans 254.12 Route limitations {#sec-trans-254.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.12}

(1) No vehicle, vehicle combination, or load exceeding 16 feet in width may be operated or transported upon any portion of the national system of interstate and defense highways unless the permit contains a special condition authorizing movement with a greater width upon the interstate highway system.

(2) No permit allowing the dimensions of a vehicle or load to exceed 14 feet in width, 141⁄2 feet in height or 150 feet in length is valid on any part of the Milwaukee county expressway system constructed pursuant to s. 59.84, Stats., except on U.S. highway 45 between West Florist Avenue and West Hampton Avenue and on interstate highway 94 between the Waukesha county line and 108th Street.

(3) Self-propelled, carry-all scrapers operating under a permit may not be operated on the interstate highway system, the Milwaukee county expressway system, or on U.S. highway 41 between Green Bay and Milwaukee.

(4) An oversize or overweight vehicle may not be operated on a highway, whether loaded or empty, at any time that the permit is not valid.

(5) A permit issued by the department for a movement which is partly on the state trunk highway system and partly on other classes of highways is valid only on state highways.

(6) An issuing authority may issue a permit under extraordinary circumstances when, in the opinion of the issuing authority, public health and welfare is better served, and may impose additional conditions to promote the safe operation of the vehicle. Extraordinary circumstances include, but are not limited to, the construction and repair of the Milwaukee county Freeway System.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; emerg. cr. (6), eff. 2-1-05; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register June 2005 No. 594; CR 05-009: cr. (6) Register June 2005 No. 594, eff. 7-1-05; CR 13-093: am. (2) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § Trans 254.13 Power unit change {#sec-trans-254.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.13}

In the event of a breakdown or unavailability of the power unit listed on the application and permit, another power unit may be substituted, provided that the make and vehicle identification number, or license number and state, of the substitute power unit are written on the permit. The issuing authority shall be advised by telephone prior to operating the substitute power unit with the oversize load. Changes in the terms of the permit, other than the identification of the power unit, require a written request and a written amendment to the permit authorizing the change. The driver of a vehicle operating under a permit shall have the amended permit in the driver’s possession prior to the movement of the load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 254.14 Insurance and liability conditions {#sec-trans-254.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.14}

(1) In applying for and accepting a permit, a permittee agrees to:

(a) Pay any claim for any bodily injury or property damage resulting from operation under the permit for which the permittee is legally responsible.

(b) Hold the state, its subdivisions, officers, employees and agents harmless from any claim which may arise from operation over public highways under the permit.

(2) Whether or not insurance, bond, or deposit as set forth in sub. (7) is required, the permittee shall be liable for all damages which any highway or its appurtenances may sustain by reason of any operation under the permit.

(3) An issuing authority may waive insurance requirements for permits issued to government.

(4) Where a certificate of insurance is required, no insurer may cancel the certificate of insurance without providing the issuing authority 10 days advance written notice of the cancellation.

(5) An issuing authority may require a permittee to provide more bodily injury and property damage liability coverage than is set forth in sub. (6).

(6) The following insurance amounts are required:

(a) When the permitted load does not exceed 12 feet in width, 131⁄2 feet in height, or 100 feet in length and is not overweight by more than 25%:

(b) When the permitted load exceeds the size or weight limitations in par. (a):

(7) A permittee shall certify, and may be required to present satisfactory written evidence, that the amount of insurance coverage given in sub. (6), or a bond in a form satisfactory to the issuing authority, will be in effect for the vehicle and load designated in the permit while operating on the public highway, unless this requirement is expressly waived by the issuing authority.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 254.15 General conditions and requirements {#sec-trans-254.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.15}

(1) A permittee shall comply with all applicable statutes, ordinances, rules and policies of any state agency or subdivision of the state, unless they are modified by the conditions of the permit.

(2) When a vehicle operating under a permit is overheight, the permittee shall give prior notice to the owners of overhead wires, cables, or other facilities which may be affected.

(3) A properly equipped escort vehicle as described in ch. Trans 252 shall accompany a vehicle and load:

(a) When any part of a vehicle or load extends beyond the left of the roadway centerline on 2-way roadways,

(b) When any part of a vehicle or load extends beyond the left edge of the right hand lane on highways with more than 2 lanes, or

(4) A vehicle and load that does not require an escort vehicle may, when safe, move to the left of the centerline or beyond the left lane line while crossing a bridge or railroad crossing, but only after yielding to all other traffic.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 254.16 Special conditions {#sec-trans-254.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.16}

(1) When a load is transported under a permit, the permittee may be required by an issuing authority to provide a traffic officer or flagperson to direct traffic, one or more escorts, or police escorts, or any combination thereof.

(2) All loads exceeding 16 feet in width shall have one or more properly equipped escorts.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 13-093: am. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § Trans 254.17 Denial, suspension or revocation of permit {#sec-trans-254.17 omnilex-key=us-wi-regs-official--agency-trans--Trans 254.17}

(1) An issuing authority may deny, suspend, or revoke a permit for good cause, pursuant to s. 348.25 (7), Stats. Grounds for the denial, suspension, or revocation of a permit include:

(a) Violation of any condition of a permit.

(b) Preventing an employee of an issuing authority or a law enforcement officer from performing his or her official duties, or interfering with the lawful performance of his or her duties.

(c) Physically assaulting an employee of an issuing authority or a law enforcement officer while performing his or her official duties.

(d) Making a material misstatement in an application for a permit.

(e) Unauthorized alteration of a permit.

(f) Refusal or failure, without just cause, to produce required records.

(g) Payment of an application fee with a worthless check.

(h) Violation of any other applicable provision under ch. 348, Stats., or this chapter.

(2) A permittee shall immediately return a suspended or revoked permit to the issuing authority, after receiving notice from the issuing authority of the suspension or revocation of the permit.

Note: If a permit is denied, suspended, or revoked, an applicant or permittee may request a hearing before the division of hearings and appeals, pursuant to s. 348.25 (9), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Chapter Trans 255 MULTIPLE TRIP PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLES OR LOADS

Wis. Admin. Code § Trans 255.01 Purpose {#sec-trans-255.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.01}

The purpose of this chapter is to establish standards and procedures for the issuance of multiple trip oversize or overweight permits, pursuant to s. 348.27 (2), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 255.02 Definitions {#sec-trans-255.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.02}

(1) Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01 (2), Stats., and s. Trans 250.02 apply to this chapter.

(2) As used in this chapter:

(a) “Issuing authority” means the department of transportation.

(b) “Permit” means multiple trip oversize or overweight permits authorized under s. 348.27 (2), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 13-093: cr. (2) (c) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § Trans 255.03 Permit application {#sec-trans-255.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.03}

(1) An application for a permit shall be submitted to an issuing authority on a form approved by the department, and in accordance with s. 348.27, Stats.

(1m) The application shall include all requested information, including the applicant’s electronic mail address.

(2) An application for a permit for the use of a state trunk highway shall be made to the department in any of the following ways:

(a) In person, at the department’s central office.

(b) By mail, addressed to the department’s central office.

Note: Forms used by the department in administering this rule are MV2612 multiple trip permit application and MV 2614 multiple trip permit information. These forms may be obtained in person at or by written request to the DMV Motor Carrier Services Section, Permit Unit, 4802 Sheboygan Avenue, Room 151, P.O. Box 7980, Madison, WI 53707-7980. These forms are also available online at http://www.dot.wisconsin.gov. Forms used by issuing authorities other than the department may be obtained from those authorities.

The department’s oversize/overweight automated issuance system is available online at http://www.dot.wisconsin.gov/business/carriers/osow-autosys.htm.

Note: Permit application procedures are in s. Trans 250.025.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686; CR 13-093: cr. (1m), am. (2) (a), cr. (2) (c) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § Trans 255.04 Permit amendments {#sec-trans-255.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.04}

(1) An application for an amendment to a permit shall be made to the issuing authority which issued the original permit.

(2) An application for an amendment may be made in the same manner as an application for an original permit.

(3) The request shall specify the permit number of the permit to be amended.

Note: Limitations on the amendment of permits are in s. Trans 250.10.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 255.05 Eligibility {#sec-trans-255.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.05}

(1) Any vehicle or vehicle and load to be considered as operating under a permit shall satisfy requirements for a permit under s. 348.25, Stats.

(2) An issuing authority may not issue a permit for mobile homes or camping trailers under this chapter.

(3) An issuing authority may not issue a permit to transport loads or articles which could reasonably be divided in a manner as to allow transporting of loads or articles in 2 or more loads that are not oversize or overweight, nor may the permit be issued for the transporting of more than one article if the vehicle, load, or vehicle and load is overweight.

Note: This section prohibits, among other things, addition of an extra boom section to a load that is transported under a permit for an overweight vehicle, load, or vehicle and load. Transporting necessary blocking for a load, or transporting the necessary blocking on an otherwise empty vehicle to and from the origin or destination of the load, is not prohibited.

(4) An issuing authority may not issue a permit for a vehicle and load exceeding 100 feet in overall length when the rear supporting axle is at or near the rear of the load unless the rear support is separately steered.

(5) An issuing authority may issue a permit only for a vehicle equipped with pneumatic tires.

(6) The issuance of a permit is not a guarantee of the sufficiency of any highway or structure for the transporting of the vehicle, load, or vehicle and load.

(7) A permit may not authorize the operation of more than 2 vehicles in combination except that a vehicle combination consisting of a truck-tractor and semi-trailer, operating under a permit, may transport a 2-axle carry-all scraper with the axle of the scraper power unit resting on the bed of the semi-trailer and the rear axle of the scraper resting on the roadway. The gross weight of the rear axle of the scraper may not exceed 35,000 pounds.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 255.06 Validity {#sec-trans-255.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.06}

(1) A permit is valid only for the vehicle described in the application and permit.

(2) An issuing authority may suspend a permit, or any of its conditions, because of seasonal highway conditions.

(4) A permit is not valid during periods when adverse weather or road conditions, such as fog, smoke, heavy rain, snow or ice, or wind velocity, impair the safety of a movement under the permit.

(5) Operation under a permit includes the movement of an empty vehicle to and from the place of pickup or delivery of the permitted load.

(6) When a vehicle operating under a permit is overheight, the permittee is responsible for ensuring that the vehicle clear, by at least 3 inches, all overhead structures along the route. If an overheight vehicle hits an overhead structure, the permit becomes invalid immediately at the time the overhead structure is hit.

Note: Examples of overhead structures are bridges, overpasses, power lines, utility lines and traffic devices.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; cr. (6), Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 255.07 Registration requirements {#sec-trans-255.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.07}

(2) All other operational permits required by the department or other agencies having jurisdiction shall be obtained.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488.

Wis. Admin. Code § Trans 255.08 Driver and operating requirements {#sec-trans-255.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.08}

(3) The driver of a vehicle operating under a permit shall allow traffic approaching or overtaking the permitted vehicle to pass, where it is safe to do so.

(4) The maximum speed of any vehicle with a load 16 feet or wider operating on highways without paved shoulders shall be 35 miles per hour.

(5) Except as provided in sub. (4), or unless a lower speed is specified in the permit, a vehicle operating under a permit may be operated at the posted speed limit.

(6) The right wheels of the towed unit may not leave the roadway, except to allow traffic to pass.

Note: A “roadway” does not include paved or unpaved shoulders. s. 340.01 (54), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 255.09 Maximum size, weight and loading limitations {#sec-trans-255.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.09}

(1) The maximum size, axle, axle combination, and total weight limitations authorized by a permit may not be exceeded.

(2) Property transported under a permit shall be loaded to minimize its size and weight.

(3) An oversize vehicle used for transporting loads under a permit shall be reduced to legal size whenever possible when being operated without load.

Note: Legal sizes are set forth in ch. 348 and s. 349.16, Stats.

(5) Loads consisting of more than one article, none of which are oversize, may not be transported under the permit.

(6) Vehicles and loads which, when reasonably divided, would not be oversize or overweight, may not be transported under the permit.

(7) Loads which, when reasonably repositioned on the transporting vehicle, would not be oversize or overweight, may not be transported under the permit.

(8) Loads consisting of more than one article, one or more of which are oversize, may be transported under a permit only if:

(a) The vehicle, load, or vehicle and load is not overweight, and

(b) The other articles transported do not cause the vehicle and load to be oversize in any manner differently from the largest single article.

Finally, if the vehicle and load were overweight, then no additional article may be transported.

(9) The load shall be properly secured and fastened to the transporting vehicle.

(10) Wheels on one side of a transporting vehicle may not carry more than 60% of the total gross load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 255.10 Equipment requirements {#sec-trans-255.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.10}

(1) Lighting. An oversize vehicle, or a vehicle with an oversize load operating during the hours of darkness, shall be equipped with the following additional lamps:

(a) For a vehicle with a load which extends beyond the width of the vehicle:

At the outermost extremity of the foremost edge of the projecting load, an amber lamp visible from the front and side.
At the outermost extremity at the rearmost edge of the projecting load, a red lamp visible from the rear and side.
Any portion of an overwidth load extending beyond the width of the foremost or rearmost edge of the vehicle or load shall be marked with an amber lamp visible from the front, both sides, and rear.
If the overwidth portion of a load measures 3 feet or less from front to rear, that portion shall be marked with an amber lamp visible from the front, both sides and rear, except that if the overwidth projection is located at or near the rear it shall be marked by a red lamp visible from front, side and rear.

(b) For a vehicle with a load which extends more than 4 feet beyond the rear of the vehicle:

On each side of the projecting load, one red lamp, visible from the side, located so as to indicate maximum overhang.
On the rear of the projecting load, 2 red lamps, visible from the rear, one at each side; and 2 red reflectors visible from the rear, one at each side, located so as to indicate maximum width.

(c) All required lamps shall be illuminated whenever a vehicle is operated during hours of darkness. All lamps shall be visible at a distance of 500 feet.

(2) Warning lamps. When required by a permit, warning lamps shall be operated as follows:

(b) All warning lamps shall flash at a rate of 30 to 90 times per minute.

(d) Warning lamps may not be operated when a vehicle is not operating under the permit.

(3) Flags.

(a) When a vehicle, load, or vehicle and load is overlength, a single flag shall be fastened at the extreme rear of the load if the overlength or projecting portion is 2 feet wide or less.

(b) When a vehicle, load, or vehicle and load is overlength, 2 flags shall be fastened at the rear of the load to indicate maximum width if the overlength or projecting portion is wider than 2 feet.

(c) When a vehicle, load, or vehicle and load is overwidth, a flag shall be fastened at each front and rear corner of the load. In addition, if any part of the load is more than 4 inches wider than the width of load or vehicle at the front or rear, then a flag shall be placed at the widest point of the load.

(d) Each flag shall be solid red or orange in color, and not less than 18 inches square.

(e) In order to wave freely, flags shall be securely fastened by at least one corner or securely mounted on a staff.

(4) Signs.

(a) When a vehicle, load, or vehicle and load is more than 10 feet wide or is overlength, 2 warning signs shall be displayed. One sign shall be fastened at the front of the power unit and the other at either the rear of the towed unit or at the rear of the load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 13-093: r. (5) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § Trans 255.11 Times of operation {#sec-trans-255.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.11}

(1) Except as otherwise specified in a permit, a vehicle load, or vehicle and load that is overweight, but not oversize, may operate 24 hours a day, including weekends and restricted-travel holidays.

(2) Except as otherwise specified in a permit, no oversize vehicle or vehicle combination operating under a permit issued under this chapter may operate in Columbia, Dane, Milwaukee, Rock, and Waukesha counties between the hours of 4:00 p.m. and 8:00 p.m. on any of the following days:

(a) Sunday.

(b) Any Friday in the period beginning on the 4th Friday in May and ending on Labor Day.

(d) The day before any restricted-travel holiday, except July 3 if that day falls on a Saturday.

(3) In addition to the conditions provided in sub. (2), no oversize vehicle or vehicle combination operating under a permit issued under this chapter that exceeds 12 feet in width, 131⁄2 feet in height, or 150 feet in length, may operate in any county:

(a) During the hours of darkness.

(b) During the period beginning at 12:00 noon on Saturday and continuing until sunrise on Sunday.

(d) During the period beginning at 12:00 noon on the day preceding and continuing until sunrise on the day following every restricted-travel holiday.

(a) Monday through Thursday in any week at the following times:

Between 6:00 a.m. and 9:00 a.m.
Between 3:00 p.m. and 6:00 p.m.

(b) On any Friday between 6:00 a.m. and 9:00 a.m.

(4a) Subsection (4) does not apply to U.S. highway 45 between West Florist Avenue and West Hampton Avenue or to interstate highway 94 between the Waukesha county line and 108th Street.

Note: 108th Street is also known as Mayfair Road or State Highway 100 at the described location.

(5) An issuing authority may issue a permit for times other than those specified in subs. (1), (2), (3), or (4), under extraordinary circumstances when, in the opinion of the issuing authority, public health and welfare is better served, and may impose additional conditions to promote the safe operation of the vehicle and load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (4) (intro.), cr. (4a), Register, July, 1991, No. 427, eff. 8-1-91; correction in (4) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register June 2005 No. 594; CR 13-093: am. (1), (2) (intro.), r. and recr. (2) (a) to (d), am. (3) (intro.), (b). cr. (3) (c), (d), renum. (4) to (4) (intro.) and am., r. and recr. (4) (a) and (b), cr. (4) (c) Register July 2014 No. 703, eff. 8-1-14; correction in (4) (a) made under s. 13.92 (4) (b) 1., Stats., Register July 2014 No. 703.

Wis. Admin. Code § Trans 255.12 Route limitations {#sec-trans-255.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.12}

(3) Self-propelled carry-all scrapers operating under a permit may not be operated on the interstate highway system, the Milwaukee county expressway system, or on U.S. highway 41 from Green Bay to Milwaukee.

(4) An oversize or overweight vehicle may not be operated on a highway, whether loaded or empty, at any time that the permit is not valid.

(5) A permit authorizes the use of any of the highways of the state, subject to the limitations stated in the permit.

(6) A permit is not valid for the operation of any vehicle upon class“B” highways, as classified in accordance with s. 348.16, Stats., with gross weights exceeding those permitted by statute on class “B” highways unless written permission has first been obtained from the officer in charge of the maintenance of the highway.

(7) An issuing authority may issue a permit under extraordinary circumstances when, in the opinion of the issuing authority, public health and welfare is better served, and may impose additional conditions to promote the safe operation of the vehicle. Extraordinary circumstances include, but are not limited to, the construction and repair of the Milwaukee county Freeway System.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; emerg. cr. (7), eff. 2-1-05; CR 05-009: cr. (7) Register June 2005 No. 594, eff. 7-1-05; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register June 2005 No. 594; CR 13-093: am. (2) Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § Trans 255.13 Transfers {#sec-trans-255.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.13}

In the event of a breakdown or other circumstance requiring a change of the power unit identified on the permit, transfers to another vehicle, under the control of the permittee, may be made following the completion of a new application and the issuance of a new permit. The words, “This is a transfer from permit # ,” shall be written on the bottom of the application. The original permit shall be sent to the issuing authority with the transfer application.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 255.14 Insurance and liability conditions {#sec-trans-255.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.14}

(1) In applying for and accepting a permit, a permittee agrees to:

(a) Pay any claim for any bodily injury or property damage resulting from operation under the permit for which the permittee is legally responsible.

(b) Hold the state, its subdivisions, officers, employees and agents harmless from any claim which may arise from operation over public highways under the permit.

(3) An issuing authority may waive insurance requirements for permits issued to government.

(4) Where a certificate of insurance is required, no insurer may cancel the certificate of insurance without providing the issuing authority 10 days advance written notice of the cancellation.

(5) An issuing authority may require a permittee to provide more bodily injury damage liability coverage than is set forth in sub. (6).

(6) The following insurance amounts are required:

(a) When the permitted load does not exceed 12 feet in width, 131⁄2 feet in height, or 100 feet in length and is not overweight by more than 25%:

(b) When the permitted load exceeds the size or weight limitations in par. (a):

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 255.15 General conditions and requirements {#sec-trans-255.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.15}

(1) A permittee shall comply with all applicable statutes, ordinances, rules and policies of any state agency or subdivision of the state, unless they are modified by the conditions of the permit.

(2) When a vehicle operating under a permit is overheight, the permittee shall give prior notice to the owners of overhead wires, cables, or other facilities which may be affected.

(3) A properly equipped escort vehicle as described in ch. Trans 252, shall accompany a vehicle and load:

(a) When any part of a vehicle or load extends beyond the left of the roadway centerline on 2-way roadways,

(b) When any part of a vehicle or load extends beyond the left edge of the right hand lane on highways with more than 2 lanes, or

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 255.16 Denial, suspension or revocation of permit {#sec-trans-255.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 255.16}

(1) An issuing authority may deny, suspend, or revoke a permit for good cause, pursuant to s. 348.25 (7), Stats. Grounds for the denial, suspension, or revocation of a permit include:

(a) Violation of any condition of a permit.

(b) Preventing an employee of an issuing authority or a law enforcement officer from performing his or her official duties, or interfering with the lawful performance of his or her duties.

(c) Physically assaulting an employee of an issuing authority or a law enforcement officer while performing his or her official duties.

(d) Making a material misstatement in an application for a permit.

(e) Unauthorized alteration of a permit.

(f) Refusal or failure, without just cause, to produce required records.

(g) Payment of an application fee with a worthless check.

(h) Violation of any other applicable provision under ch. 348, Stats., or this chapter.

(2) A permittee shall immediately return a suspended or revoked permit to the issuing authority after receiving notice from the issuing authority of the suspension or revocation of the permit.

Note: If a permit is denied, suspended, or revoked, an applicant or permittee may request a hearing before the division of hearings and appeals, pursuant to s. 348.25 (9), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Chapter Trans 256 SINGLE TRIP TRAILER-TRAIN PERMITS

Wis. Admin. Code § Trans 256.01 Purpose {#sec-trans-256.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.01}

The purpose of this chapter is to establish standards and procedures for the issuance of single trip trailer-train permits, pursuant to s. 348.26 (3), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.02 Definitions {#sec-trans-256.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.02}

(1) Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01 (2), Stats., and s. Trans 250.02 apply to this chapter.

(2) As used in this chapter:

(a) “Issuing authority” means the department of transportation, or the officer in charge of maintenance of local highways.

(b) “Permit” means single trip trailer-train permits authorized under s. 348.26 (3), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.03 Permit application {#sec-trans-256.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.03}

(1) An application for a permit shall be submitted to an issuing authority on a form approved by the department, and in accordance with s. 348.26, Stats.

(2) An application for a permit for the use of a state trunk highway shall be made to the department in any of the following ways:

(a) In person, at the department’s central or region offices.

(b) By mail, addressed to the department’s central office.

(d) By authorized permit service.

Note: Permit application procedures are in s. Trans 250.025

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 256.04 Permit amendments {#sec-trans-256.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.04}

(1) An application for an amendment to a permit shall be made to the issuing authority which issued the original permit.

(2) An application for an amendment may be made in the same manner as an application for an original permit.

(3) The request shall specify the permit number of the permit to be amended.

(4) A request for an extension of a permit may be made any time until the 3rd day after the expiration date of the permit.

(5) An issuing authority may grant only one extension to a permit.

(6) Except as provided in sub. (7), a permit issued for less than 2 weeks may be extended not more than 2 weeks.

(7) An issuing authority may extend a permit not more than 2 additional weeks where highway or other conditions remain unchanged, or as the issuing authority deems necessary.

Note: Limitations on the amendment of permits are in s. Trans 250.10.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.05 Eligibility {#sec-trans-256.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.05}

(1) Any vehicle or vehicle and load to be considered as operating under a permit shall satisfy the requirements for a permit under s. 348.25, Stats.

(2) An issuing authority may issue a permit for empty trailer trains that are not reasonably divisible for purposes of movements to or from vehicle manufacturing, maintenance, repair, staging or terminal facilities.

(3) An issuing authority may not issue a permit for wagons used in connection with seasonal agricultural industries.

(4) A permit may not authorize the operation of more than 3 vehicles in combination.

(5) An issuing authority may issue a permit only for a vehicle equipped with pneumatic tires.

(6) The issuance of a permit is not a guarantee of the sufficiency of any highway or structure for the transporting of the vehicle, load, or vehicle and load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.06 Validity {#sec-trans-256.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.06}

(1) A permit is valid only for the route specified in the permit, which may include the return trip on the reverse route if requested and approved, and which includes the movement of the empty vehicle, whether or not oversize or overweight, to and from the place of pickup or delivery of the permitted load.

(2) A permit is valid only for the vehicle described in the application and permit.

(3) A permit is valid only on the route specified in the permit.

(4) An issuing authority may suspend a permit, or any of its conditions, because of seasonal highway conditions.

Note: Spring thaw, flooding, and traffic congestion.

(5) No condition of a permit may modify any law or regulation limiting loads because of local conditions, including load limits on bridges and highways, seasonal weight restrictions, or load limits imposed because of construction.

(6) A permit is not valid during periods when adverse weather or road conditions, such as fog, smoke, heavy rain, snow or ice, or wind velocity, impair the safety of a movement under the permit.

(7) A permit may not be used in combination with a multiple trip permit to authorize the movement of an oversize vehicle, load, or vehicle and load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.07 Registration requirements {#sec-trans-256.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.07}

(2) All other operational permits required by the department or other agencies having jurisdiction shall be obtained.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488.

Wis. Admin. Code § Trans 256.08 Driver and operating requirements {#sec-trans-256.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.08}

(2) The driver of a vehicle operating under a permit shall, whenever reasonable and practicable, maintain a distance of not less than 1,000 feet between the vehicle with the permit and any vehicle the driver is following, unless actually engaged in overtaking and passing another vehicle.

(3) The driver of a vehicle operating under a permit shall allow traffic approaching or overtaking the permitted vehicle to pass, where it is safe to do so.

(4) Unless a lower speed is specified in the permit, a vehicle operating under a permit may be operated at the posted speed limit.

(5) The right wheels of the towed unit may not leave the roadway, except to allow traffic to pass.

Note: A “roadway” does not include paved or unpaved shoulders. s. 340.01 (54), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.09 Maximum size and loading limitations {#sec-trans-256.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.09}

(1) The maximum size limitations authorized by a permit may not be exceeded.

(2) The total length of trailer-trains consisting of truck-tractors, tractors, trailers, or semi-trailers operating under the terms of a permit, and the number of vehicles in the trailer-train authorized by the issuing authority may not be exceeded.

(3) The overall length of the train of vehicles may not exceed 100 feet.

(4) No vehicle in a trailer-train may be overheight or overwidth.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.10 Flag requirements {#sec-trans-256.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.10}

(1) When a vehicle, load, or vehicle and load is overlength, 2 flags shall be fastened at the rear corners of the vehicle.

(2) Each flag shall be solid red or orange in color, and not less than 18 inches square.

(3) In order to wave freely, flags shall be securely fastened by at least one corner or securely mounted on a staff.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.11 Times of operation {#sec-trans-256.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.11}

(1) Except as otherwise specified in a permit, no vehicle or vehicle combination operating under a permit may operate:

(a) Between 4:00 p.m. and 11:00 p.m. on Sunday.

(b) Between 4:00 p.m. and 11:00 p.m. on Friday between the 4th Friday in May and Labor Day.

(d) Between 4:00 p.m. and 11:00 p.m. on the day before any holiday, except that this restriction does not apply to Independence Day when it falls on a Sunday.

(2) An issuing authority may issue a permit for times other than those specified in sub. (1), under extraordinary circumstances when, in the opinion of the issuing authority, public health and welfare is better served, and may impose additional conditions necessary to promote the safe operation of the vehicle and load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.12 Route limitations {#sec-trans-256.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.12}

(1) A permit issued by the department for a movement which is partly on the state trunk highway system and partly on other classes of highways is valid only on state trunk highways.

(2) An oversize vehicle or vehicle-train may not be operated on a highway at any time that a permit is not valid.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.13 Power unit change {#sec-trans-256.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.13}

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Trans 256.14 Insurance and liability conditions {#sec-trans-256.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.14}

(1) In applying for and accepting a permit, a permittee agrees to:

(a) Pay any claim for any bodily injury or property damage resulting from operation under the permit for which the permittee is legally responsible.

(b) Hold the state, its subdivisions, officers, employes and agents harmless from any claim which may arise from operation over public highways under the permit.

(3) An issuing authority may waive insurance requirements for permits issued to government.

(4) Where a certificate of insurance is required, no insurer may cancel the certificate of insurance without providing the issuing authority 10 days advance written notice of the cancellation.

(5) An issuing authority may require a permittee to provide more bodily injury and property damage liability coverage than is set forth in sub. (6).

(6) The following insurance amounts are required:

(7) A permittee shall certify, and may be required to present satisfactory written evidence, that the amount of insurance coverage given in sub. (6), or a bond in a form satisfactory to the issuing authority, will be in effect for the vehicle and load designated in the permit while operating on a public highway, unless this requirement is expressly waived by the issuing authority.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.15 General conditions and requirements {#sec-trans-256.15 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.15}

A permittee shall comply with all applicable statutes, ordinances, rules and policies of any state agency or subdivision of the state, unless they are modified by the conditions of the permit.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 256.16 Denial, suspension or revocation of permit {#sec-trans-256.16 omnilex-key=us-wi-regs-official--agency-trans--Trans 256.16}

(1) An issuing authority may deny, suspend, or revoke a permit for good cause, pursuant to s. 348.25 (7), Stats. Grounds for the denial, suspension, or revocation of a permit include:

(a) Violation of any condition of a permit.

(b) Preventing an employe of an issuing authority or a law enforcement officer from performing his or her official duties, or interfering with the lawful performance of his or her duties.

(c) Physically assaulting an employe of an issuing authority or a law enforcement officer while performing his or her official duties.

(d) Making a material misstatement in an application for a permit.

(e) Unauthorized alteration of a permit.

(f) Refusal or failure, without just cause, to produce required records.

(g) Payment of an application fee with a worthless check.

(h) Violation of any other applicable provision under ch. 348, Stats., or this chapter.

(2) A permittee shall immediately return a suspended or revoked permit to the issuing authority after receiving notice from the issuing authority of the suspension or revocation of the permit.

Note: If a permit is denied, suspended, or revoked, an applicant or permittee may request a hearing before the division of hearings and appeals, pursuant to s. 348.25 (9), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Chapter Trans 258 SEED POTATO OVERWEIGHT PERMITS

Wis. Admin. Code § Trans 258.01 Purpose {#sec-trans-258.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 258.01}

The purpose of this chapter is to establish standards and procedures for the issuance of overweight permits for the transportation of seed potatoes, and the configuration standards for vehicles engaged in seed potato transportation pursuant to s. 348.27 (9t), Stats.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § Trans 258.02 Definitions {#sec-trans-258.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 258.02}

Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01 (2), Stats., and s. Trans 250.02 apply to this chapter. In this chapter:

(1) “Permit” means a seed potato overweight permit authorized under s. 348.27 (9t), Stats.

(2) “Seed potatoes” means potatoes intended to be planted as a crop.

(3) “Seed potato route” means the route designated under s. Trans 258.10.

(4) “STH” means state trunk highway.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § Trans 258.03 Seed potato overweight permits {#sec-trans-258.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 258.03}

(1) The department may issue annual or consecutive month permits for the transportation of seed potatoes in vehicles meeting the requirements of this chapter. A permit issued under this chapter shall also permit operation of the unladened vehicle on the seed potato route for the purpose of picking up a load of seed potatoes. A permit issued under this chapter is not suspended by a general suspension of multiple trip divisible load permits unless such a suspension specifically includes seed potato overweight permits. The permit shall consist of one or more cover pages, all attachments thereto, and a copy of this chapter.

(2) A permit issued under this chapter is not a guarantee of the sufficiency of any highway or structure for the transporting of the vehicle or load, or both.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § Trans 258.04 Permit application {#sec-trans-258.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 258.04}

(1) An application for a permit shall be submitted on a department form and shall include the following:

(a) The name, address and telephone number of the applicant.

(b) The name, address and telephone number of the applicant’s insurer and the applicant’s policy number and policy expiration date.

(c) The date on which the applicant seeks to have the permit first become valid, not more than 60 days later than the date of application.

(d) The overall weight and height of the vehicle, trailer length, and the gross weight of the vehicle.

(e) An indication of whether the vehicle is a combination vehicle and the type of combination, a description of the vehicle power unit and the complete vehicle identification number for the power unit.

(f) The make, year and vehicle identification number for any trailer.

(g) An indication of the number of pneumatic tires and maximum gross weight for each axle on the vehicle.

(h) An indication of the spacing between each axle.

(i) An indication as to whether any axle is steerable.

(j) An affirmation that the owner has insurance in the amounts required by this chapter or such higher amount as may be required by the department and that the person accepts the terms of the issuance of a permit under this chapter.

(k) For each access route permitted under s. Trans 258.06 (4) (b) for which the applicant seeks authority to operate, written proof that permission for operation on access routes has been granted by any local authority or person in charge of maintaining those highways.

(2) A permit application may be submitted in person or by mail to the motor carrier services section permit unit.

Note: Permit application procedures are specified in s. Trans 250.025. The Motor Carrier Services Section Permit Unit of the Wisconsin Department of Transportation is located at 4802 Sheboygan Avenue, Room 151, P.O. Box 7980, Madison, WI 53707. Permit applications may be obtained from that unit.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § Trans 258.05 Eligibility {#sec-trans-258.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 258.05}

The department may issue permits for combination vehicles under this chapter only to applicants that meet all of the following requirements:

(1) Statutory requirements. The vehicle and any load satisfies the requirements for a permit under s. 348.25, Stats.

(2) Seed potato transportation only. The application may not seek authority to transport any commodity or goods other than seed potatoes.

(3) Maximum size. The vehicle may not exceed 8 feet 6 inches in width, nor 13 feet 6 inches in height, nor may any trailer exceed 53 feet in length.

(4) Pneumatic tires. The combination vehicle shall be equipped with pneumatic tires.

(5) Non-steering axle tires. All of the vehicle’s non-steering axles shall be equipped with at least 4 tires.

(6) Six axle minimum. The vehicle shall have a minimum of 6 axles, 3 of which are part of the trailer.

(7) Maximum gross weight. The vehicle, including any load, may not exceed 90,000 pounds gross weight, nor the weight limitations of s. 348.15 (3) (c), Stats., by more than 10,000 pounds.

(8) Maximum axle weights. Axle weights may not exceed any of the following:

(a) 20,000 pounds on a single steering axle.

(b) 18,000 pounds on a single non-steering axle.

(c) 16,000 pounds for each axle of a tandem axle, except that on combination vehicles with a gross weight of more than 73,280 pounds, only one tandem axle may have weight above 16,000 pounds, and each additional tandem axle may have an axle weight of not more than 13,000 pounds.

(d) 16,500 pounds on each trailer axle of a 3 axle group separated by no less than 3 feet 6 inches and no more than 9 feet.

(e) 13,000 pounds on each trailer axle in a group of 4 or more separated by no less than 3 feet 6 inches.

(9) Four tires per axle. Axles with less than 4 tires may not be considered for purposes of completing any weight calculation under sub. (8).

(10) Balanced load. Wheels on one side of the vehicle may not carry more than 60 percent of the load.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § Trans 258.06 Validity {#sec-trans-258.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 258.06}

A permit issued under this chapter is valid only if all of the following conditions are met:

(1) Permitted vehicle only. It is used for the combination vehicle described in the application and permit.

(3) Vehicle eligible for permit. The vehicle meets all the requirements of this chapter.

(4) Area of operation. The vehicle is operated on either of the following:

(a) The seed potato route.

(b) Within 15 highway miles of the seed potato route in order to access the seed potato route, or to reach fuel, food, maintenance, repair, rest, staging, terminal facilities or points of loading and unloading if the driver possesses written proof that permission for operation on such access routes has been granted by any local authority or person in charge of maintaining the highway being used.

(5) Lawful operation. The driver of the vehicle is obeying all Wisconsin laws contained in chs. 194 and 340 to 349, Stats., and chs. Trans 305 and 325 to 327.

(6) Permit carried on vehicle. The driver carries the permit in the vehicle and has the permit available for inspection by any police officer, representative of the department or any local authority or person in charge of maintaining the highway being used.

(7) Obey posted weight limits. The vehicle does not exceed any posted weight limit for a bridge or highway or any temporary weight restriction due to construction or seasonal conditions.

(8) Minimum following distance maintained. The driver maintains a distance of 1000 feet between the vehicle and any preceding vehicle on the highway, whenever reasonable and practical.

(9) Allow passing. The driver allows approaching or overtaking traffic to pass.

(10) Insurance maintained. Insurance on the vehicle is maintained in accordance with s. Trans 258.08.

(11) Proper registration. The vehicle is registered at not less than the permit weight or at the maximum available registration weight, whichever is less.

(12) Operation on pavement surface. The right wheels of the vehicle do not leave the roadway, except to allow traffic to pass.

(13) Alcohol use prohibited. The driver does not:

(a) Consume any alcohol beverage within 4 hours of being on duty time, regardless of alcohol content.

(b) Have an alcohol concentration above 0.0.

Note: Section 346.63 (7) (a), Stats., is applicable to all drivers of commercial motor vehicles.

(14) Driver properly licensed. The driver holds all required licenses bearing the proper classes and endorsements needed to operate the vehicle.

(15) All other needed permits obtained. All other operational permits required by the department or other agencies having jurisdiction over the highways used by the permittee are obtained.

Note: Wisconsin does not apply time of day restrictions to permits issued under this chapter. These permits are valid through spring thaw and other seasonal permit suspensions, unless the suspension specifically includes seed potato overweight permits, s. Trans 258.03 (1).

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Wis. Admin. Code § Trans 258.07 Transfers {#sec-trans-258.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 258.07}

In the event of a breakdown or other circumstance requiring a change of the power unit or trailer identified on the permit, the permit holder may transfer the permit to another vehicle, under the control of the permittee, following the completion of a new application and the issuance of a new permit. The words, “This is a transfer from permit # (original permit number),” shall be written on the bottom of the application.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § Trans 258.08 Insurance and liability conditions {#sec-trans-258.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 258.08}

(1) A permittee shall:

(a) Pay any claim for any bodily injury or property damage resulting from operation under the permit for which the permittee is legally responsible.

(b) Hold the state, its subdivisions, officers, employees and agents harmless from any claim which may arise from operation over public highways under the permit.

(c) Be liable for all damage which any highway or its appurtenances may sustain by reason of any operation under the permit.

(2) The department may waive insurance requirements for permits issued to units of government.

(3) Where a certificate of insurance is required, no insurer may cancel the certificate of insurance without providing the department 10 days advance written notice of the cancellation.

(4) Except as provided under sub. (5), the permittee shall carry insurance in either of the following minimum amounts:

(a) For bodily injury, $150,000 coverage for each person and $450,000 coverage for each accident; for property damage, $300,000 coverage for each accident.

(b) $750,000 combined single limit coverage.

(5) A permittee shall certify, and may be required to present satisfactory written evidence, that the amount of insurance coverage required under sub. (4), or a bond in a form satisfactory to the department, shall be in effect for the vehicle and load designated in the permit while operating on the public highway, unless this requirement is expressly waived by the department.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96; correction in (4) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520.

Wis. Admin. Code § Trans 258.09 Denial, suspension or revocation of permit {#sec-trans-258.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 258.09}

(1) The department may deny, suspend, or revoke a permit for good cause, pursuant to s. 348.25 (7), Stats. Grounds for the denial, suspension, or revocation of a permit include the following:

(a) Violation of any condition of a permit.

(b) Preventing an employee of the department or a law enforcement officer from performing his or her official duties, or interfering with the lawful performance of his or her duties.

(c) Physically assaulting an employee of the department or a law enforcement officer while performing his or her official duties.

(d) Making a material misstatement in an application for a permit.

(e) Unauthorized alteration of a permit.

(f) Refusal or failure, without just cause, to produce required records.

(g) Nonpayment of the application fee or payment by a check that is subsequently dishonored by the drawee or bank.

(i) Violation of any other applicable provision under ch. 348, Stats., or this chapter.

(2) A permittee shall immediately return a suspended or revoked permit to the department after receiving notice from the department of the suspension or revocation of the permit.

Note: If a permit is denied, suspended, or revoked, an applicant or permittee may request a hearing before the department of administration division of hearings and appeals, s. 348.25 (9), Stats.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § Trans 258.10 Designation of seed potato route {#sec-trans-258.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 258.10}

(1) Except as provided in this subsection, the seed potato route shall be the route specified in sub. (2). In the event the department concludes that all or any portion of the potato route defined in sub. (2) should not be traversed by trucks under a permit issued pursuant to this chapter, the department may declare the establishment of an alternative potato route. The declaration of an alternative potato route shall have the effect of changing the definition of “seed potato route” in s. Trans 258.02 (3) to the route described in sub. (3). During any period when an alternative potato route is in effect, a permit issued under this chapter is not valid for the purpose of crossing any bridge along the seed potato route described in sub. (2) that is not part of the declared alternative route, even if such location would otherwise be within 15 road miles of the declared alternative route upon which travel would normally be permitted under s. Trans 258.06 (4) (b). Traversing any bridge in violation of this subsection shall be grounds for revocation of the permit.

(2) “Seed potato route” means STH 64 between Langlade County Trunk “H” and U.S. highway 41 in Langlade, Oconto and Marinette counties and U.S. highway 41 between STH 64 and the Wisconsin-Michigan border, unless an alternative potato route is declared under this section.

(3) The alternative potato route shall be STH 64 between Langlade County Trunk “H” and STH 55 at Langlade, STH 55 from STH 64 at Langlade to STH 52 in Lily, STH 52 from STH 55 in Lily to STH 32 west of Wabeno, STH 32 from STH 55 west of Wabeno to STH 64 in Forest [Oconto] county, STH 64 from its intersection with STH 32 in Forest [Oconto] county to U.S. highway 41 in Marinette county, and U.S. highway 41 between STH 64 and the Wisconsin-Michigan border.

Note: The highway segments identified as in Forest county are actually in Oconto county.

(4) The department may declare the alternate route specified in sub. (3) by doing any of the following:

(a) Publishing notice of the declaration of alternative route in a newspaper of general distribution in the Antigo area.

(b) Mailing a notice to each permit holder.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96.

Chapter Trans 259 RAW FOREST PRODUCTS, FRUITS OR VEGETABLES PERMITS

Wis. Admin. Code § Trans 259.01 Purpose {#sec-trans-259.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.01}

The purpose of this chapter is to establish standards and procedures for the issuance of raw forest products, fruits or vegetables permits, pursuant to s. 348.27 (9m), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 259.02 Definitions {#sec-trans-259.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.02}

(1) Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01 (2), Stats., and s. Trans 250.02 apply to this chapter.

(2) As used in this chapter:

(a) “Fruit or vegetable” means the edible part of plants and the inedible part of plants which are commonly harvested and sold with the edible parts.

(b) “Issuing authority” means department of transportation.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (2) (a), r. (2) (d), Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 259.03 Permit application {#sec-trans-259.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.03}

(1) An application for a permit shall be submitted to an issuing authority on a form approved by the department, and in accordance with s. 348.27, Stats.

(2) An application for a permit for the use of a state trunk highway shall be made to the department in any of the following ways:

(a) In person, at the department’s central or region offices.

(b) By mail, addressed to the department’s central office.

Note: Permit application procedures are in s. Trans 250.025.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 259.04 Eligibility {#sec-trans-259.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.04}

(1) Any vehicle or vehicle and load to be considered as operating under a permit shall satisfy the requirements for a permit under s. 348.25, Stats.

(2) An issuing authority may issue a permit only for an overweight vehicle or an overweight vehicle combination.

(3) A permit may be issued for the transportation of raw forest products as defined in s. 348.01 (2) (bt), Stats. Operation under a permit may include movement from a location where raw forest products have been cut, stored or processed.

(4) A permit may be issued for the transportation of fruits or vegetables from the field to storage or processing facilities.

(5) A permit may be issued for the transportation of bulk potatoes from storage to railroad loading facilities in accordance with s. 348.27 (9m) (a) 2., Stats.

(6) An issuing authority may issue a permit only for a vehicle equipped with pneumatic tires.

(7) A permit is not a guarantee of the sufficiency of any highway or structure for the transporting of the vehicle, load, or vehicle and load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (3), renum. (5) and (6) to be (6) and (7), cr. (5), Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § Trans 259.05 Validity {#sec-trans-259.05 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.05}

(1) A permit is valid only for the vehicle described in the application and permit.

(2) No condition of a permit may modify any law or regulation limiting loads because of local conditions, including load limits on bridges and highways, seasonal weight restrictions, or load limits imposed because of construction.

(3) An issuing authority may suspend a permit, any of its conditions, due to seasonal highway conditions.

Note: Examples of seasonal highway conditions include spring thaw, flooding, and traffic congestion.

(4) Operation under a permit includes the movement of an empty vehicle to and from the place of pickup or delivery of the permitted load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 259.06 Registration requirements {#sec-trans-259.06 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.06}

(1) A vehicle or operating under a permit shall be registered as required by Wisconsin statutes, and shall be registered at not less than the permit weight or at the maximum available registration weight, whichever is less.

(2) All other operational permits required by the department or other agencies having jurisdiction shall be obtained.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488.

Wis. Admin. Code § Trans 259.07 Driver and operating requirements {#sec-trans-259.07 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.07}

(3) The driver of a vehicle operating under a permit shall allow traffic approaching or overtaking the permitted vehicle to pass, where it is safe to do so.

(4) Unless a lower speed is specified in the permit, [a] vehicle operating under a permit may be operated at the posted speed limit.

(5) The right wheels of the towed unit may not leave the roadway, except to allow traffic to pass.

Note: A “roadway” does not include paved or unpaved shoulders. s. 340.01 (54), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 259.08 Maximum size, weight and loading limitations {#sec-trans-259.08 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.08}

(1) The maximum axle, axle combination, and total weight limitations authorized by a permit may not be exceeded.

(2) Wheels on one side of the transporting vehicle may not carry more than 60% of the total gross load.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 259.09 Times of operation {#sec-trans-259.09 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.09}

Except as otherwise specified in a permit, a vehicle, load, or vehicle and load that is overweight may operate 24 hours a day, including weekends and holidays.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 259.10 Route limitations {#sec-trans-259.10 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.10}

A permit is valid on all public highways in the state which are not posted for weight limits, except that a permit is not valid on the national system of interstate and defense highways.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 259.11 Transfers {#sec-trans-259.11 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.11}

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 259.12 Insurance and liability conditions {#sec-trans-259.12 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.12}

(1) In applying for and accepting a permit, a permittee agrees to:

(a) Pay any claim for any bodily injury or property damage resulting from operation under the permit for which the permittee is legally responsible.

(b) Hold the state, its subdivisions, officers, employes and agents harmless from any claim which may arise from operation over public highways under the permit.

(2) Whether or not insurance, bond, or deposit as set forth in sub. (7) is required, the permittee shall be liable for all damage which any highway or its appurtenances may sustain by reason of any operation under the permit.

(3) An issuing authority may waive insurance requirements for permits issued to government.

(4) Where a certificate of insurance is required, no insurer may cancel the certificate of insurance without providing the issuing authority 10 days advance written notice of the cancellation.

(5) An issuing authority may require a permittee to provide more bodily injury damage liability coverage than is set forth in sub. (6).

(6) The following insurance amounts are required:

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 259.13 General conditions and requirements {#sec-trans-259.13 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.13}

A permittee shall comply with all applicable statutes, ordinances, rules and policies of any state agency or subdivision of the state, unless they are modified by the conditions of the permit.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 259.14 Denial, suspension or revocation of permit {#sec-trans-259.14 omnilex-key=us-wi-regs-official--agency-trans--Trans 259.14}

(1) An issuing authority may deny, suspend, or revoke a permit for good cause, pursuant to s. 348.25 (7), Stats. Grounds for the denial, suspension, or revocation of a permit include:

(a) Violation of any condition of a permit.

(b) Preventing an employe of an issuing authority or a law enforcement officer from performing his or her official duties, or interfering with the lawful performance of his or her duties.

(c) Physically assaulting an employe of an issuing authority or a law enforcement officer while performing his or her official duties.

(d) Making a material misstatement in an application for a permit.

(e) Unauthorized alteration of a permit.

(f) Refusal or failure, without just cause, to produce required records.

(g) Payment of an application fee with a worthless check.

(h) Violation of any other applicable provision under ch. 348, Stats., or this chapter.

(2) A permittee shall immediately return a suspended or revoked permit to the issuing authority, after receiving notice from the issuing authority of the suspension or revocation of the permit.

Note: If a permit is denied, suspended, or revoked, an applicant or permittee may request a hearing before the division of hearings and appeals, pursuant to s. 348.25 (9), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Chapter Trans 260 SINGLE TRIP PERMITS FOR MOBILE HOMES AND MODULAR BUILDING SECTIONS

Wis. Admin. Code § Trans 260.01 Purpose {#sec-trans-260.01 omnilex-key=us-wi-regs-official--agency-trans--Trans 260.01}

The purpose of this chapter is to establish standards and procedures for the issuance of single trip mobile home and modular building section permits, pursuant to s. 348.26 (4), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 260.02 Definitions {#sec-trans-260.02 omnilex-key=us-wi-regs-official--agency-trans--Trans 260.02}

(1) Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01 (2), Stats., and s. Trans 250.02 apply to this chapter.

(2) As used in this chapter:

(a) “Issuing authority” means the department of transportation.

(b) “Permit” means single trip mobile home and modular building section permits authorized under s. 348.26 (4), Stats.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Wis. Admin. Code § Trans 260.03 Permit application {#sec-trans-260.03 omnilex-key=us-wi-regs-official--agency-trans--Trans 260.03}

(1) An application for a permit shall be submitted to an issuing authority on a form approved by the department, and in accordance with s. 348.26, Stats.

(2) An application for a permit for the use of a state trunk highway shall be made to the department in any of the following ways:

(a) In person, at the department’s central or region offices.

(b) By mail, addressed to the department’s central office.

(d) By authorized permit service.

Note: Permit application procedures are in s. Trans 250.025.

History

Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Trans 260.04 Permit amendments {#sec-trans-260.04 omnilex-key=us-wi-regs-official--agency-trans--Trans 260.04}