(1) REQUIRED TESTING OF KNOWLEDGE AND DRIVING SKILLS.
(a) General. 1. Except when examination by an authorized 3rd-party tester is permitted under pars.
(b) to (c), the department shall examine every applicant for an operator’s license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. 2. a. Except as provided in sub.
(2)
(cm) and (e), the examinations of applicants for licenses authorizing operation of “Class A”, “Class B”, “Class C”, “Class D” or “Class M” vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant’s ability to exercise ordinary and reasonable control in the operation of a representative vehicle. b. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. c. Except as may be required by the department for an “H” or “S” endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This subdivision does not prohibit the department from requiring an applicant to correctly read and understand highway signs. 3. The department shall not administer a driving skills test to a person applying for authorization to operate “Class M” vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The department may not require a person who is applying for authorization to operate “Class M” vehicles and who has successfully completed a rider course approved by the Wisconsin department of transportation motorcycle safety program to hold an instruction permit under s. 343.07 (4) prior to the department’s issuance of a license authorizing the operation of “Class M” vehicles. The department may not require a person applying for authorization to operate “Class M” vehicles who holds an instruction permit under s. 343.07 (4) to hold it for a minimum period of time before administering a driving skills test. 4. a. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (bm), (d) or (e), shall be tested by an actual demonstration of driving skills. b. The department may endorse an applicant’s commercial driver license for transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, subject to s. 343.125, or for the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c), or (f), based on successful completion of a knowledge test. c. The department or an authorized 3rd-party tester may not administer a driving skills test to any applicant for an initial commercial driver license, a commercial driver license upgrade, or an initial issuance of an “H” endorsement specified in s. 343.17 (3)
(d) 1m., “P” endorsement specified in s. 343.17 (3)
(d) 3., or “S” endorsement specified in s. 343.17 (3)
(d) 4. who has not satisfied the entry-level training requirements contained in 49 CFR 380, subparts F and G.
(b) Third-party driving skills testing. The department may contract with a person, including an agency or department of this state or its political subdivisions or another state, or a private employer of commercial motor vehicle drivers, to administer commercial motor vehicle skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h), abbreviated driving skills tests required by sub.
(3) (b), or driving skills tests required by par.
(a) for authorization to operate “Class D” vehicles, or any combination of these tests and examinations. This paragraph does not apply with respect to a law enforcement agency eligible to contract with the department under par. (bm). A contract with a 3rd-party tester under this paragraph shall include all of the following provisions: 1. All tests and examinations conducted by the 3rd-party tester shall be the same as those given by the department. 2. The department, or the applicable federal agency or its representative with respect to testing for commercial driver licenses, may conduct random examinations, inspections, and audits of the 3rd-party tester without any prior notice. 3. At least biennially, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements and applicants for operators’ licenses to operate “Class D” vehicles. The department shall also evaluate testing given by the 3rd-party tester by one of the following means: a. Department employees shall take the tests and examina- 20343.16 OPERATORS’ LICENSES tions actually administered by the 3rd-party tester as if the department employee were an applicant. b. The department shall retest a sample of drivers who were examined by the 3rd-party tester to compare the pass and fail results. c. The department shall score drivers along with the 3rdparty tester during skills tests to compare the scoring results. 4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department’s license examiners to the extent established by the department as necessary to satisfactorily perform the skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h), abbreviated driving skills tests required by sub.
(3) (b), and driving skills tests required by par.
(a) for authorization to operate “Class D” vehicles. 5. The department shall take prompt and appropriate remedial action against the 3rd-party tester in the event that the tester fails to comply with department or federal standards for commercial driver license testing, department standards for school bus endorsement testing or testing for operators’ licenses to operate “Class D” vehicles, or any provision of the contract. Such action may include immediate termination of testing by the 3rd-party tester and recovery of damages. 6. The 3rd-party tester may not administer any test or examination of a person who has received instruction in driver training from the 3rd-party tester or from any person who controls, is controlled by, or is under common control with the 3rd-party tester.
(bm) Third-party testing by certain law enforcement agencies. The department may contract with any law enforcement agency, other than a local law enforcement agency of a municipality in which an examining station of the department is located, to administer knowledge, driving skills, and eyesight tests required by par.
(a) and sub.
(2)
(b) and (c) for authorization to operate “Class D” vehicles. A contract with a 3rd-party tester under this paragraph shall include all of the following provisions: 1. All tests conducted by the 3rd-party tester shall be the same as those given by the department. 2. The department or its representative may conduct random examinations, inspections, and audits of the 3rd-party tester without any prior notice. 3. The department may conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for operators’ licenses to operate “Class D” vehicles. The department may also evaluate testing given by the 3rd-party tester by one of the following means: a. Department employees may take the tests actually administered by the 3rd-party tester as if the department employees were applicants. b. The department may retest a sample of drivers who were tested by the 3rd-party tester to compare the pass and fail results. 4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department’s license examiners to the extent established by the department as necessary to satisfactorily perform the knowledge, driving skills, and eyesight tests required by par.
(a) and sub.
(2)
(b) and (c) for authorization to operate “Class D” vehicles. 5. The department shall take prompt and appropriate remedial action against the 3rd-party tester in the event that the tester fails to comply with department or federal standards for testing for operators’ licenses to operate “Class D” vehicles or with any provision of the contract, including immediate termination of testing by the 3rd-party tester.
(c) Driver education course. The department may, after consultation with the department of public instruction and the technical college system board, provide for administration of and certification of the results of the test of an applicant’s knowledge of the traffic laws and ability to read and understand highway signs in conjunction with a course in driver education specified in this paragraph, by an instructor in that course. The test under this paragraph does not include that part of a driver’s examination involving the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle required for the issuance of a license other than an instruction permit. The test under this paragraph may be administered and certified by an instructor in any of the following: 1. A course in driver education in public schools approved by the department of public instruction. 2. A course in driver education in technical colleges approved by the technical college system board. 3. A course in driver education in nonpublic and private schools or tribal schools, as defined in s. 115.001 (15m), that meets the minimum standards set by the department of public instruction.
(d) Foreign license reciprocity. The chief administrator of the division of motor vehicles may, with the appropriate official of another country or of a province or other subdivision of another country, enter into a reciprocal agreement under which this state and the other country, province or other subdivision agree to waive any knowledge test and driving skills test of an applicant for an operator’s license to operate “Class D” vehicles, as described in s. 343.04 (1) (d), or “Class M” vehicles, as described in s. 343.04 (1) (e), or both, if the applicant possesses a valid license to operate those vehicles, other than an instructional permit, issued by this state or the other country, province or other subdivision. The chief administrator may enter into an agreement under this paragraph only if the criteria for any knowledge test and driving skills test required by the other country, province or other subdivision for those types of vehicles are at least as stringent as the requirements of this state. The agreement shall specify all of the following: 1. That the department will issue a regular license, as described in s. 343.03 (3) (a), to any person moving to this state who has been licensed by the other country, province or other subdivision for at least 3 years, who presently holds a license to operate that type of vehicle, other than an instructional permit, from the other country, province or other subdivision and who is at least 21 years of age. Notwithstanding s. 343.03 (3) (a), a regular license issued under this subdivision may be endorsed to permit operation of motorcycles, but may not be endorsed to permit operation of school buses. The department shall issue a probationary license under s. 343.085 to any other applicant who holds a valid operator’s license issued by the other country, province or other subdivision. 2. That whenever the secretary has good cause to believe that an operator licensed under an agreement entered into under this paragraph is incompetent or otherwise not qualified to be licensed, the secretary may, upon written notice of at least 5 days to the licensee, require the licensee to submit to an examination including all or part of the tests specified in par. (a). Upon the conclusion of such examination the secretary shall take such action as is appropriate under this chapter, including cancellation of the license or permitting the licensee to retain the license subject to such restrictions as the secretary may order or without restrictions. 3. That the other country, province or other subdivision will treat operators licensed by this state similarly to how this state will treat operators licensed by the other country, province or other subdivision. OPERATORS’ LICENSES 343.1621 (2) TESTING STANDARDS.
(a) Rules. The department shall promulgate rules setting testing standards for commercial driver license applicants. The testing standards shall comply with 49 CFR 383.71 to 383.135.
(b) Specific requirements. The standards developed by the department under par.
(c) shall provide that the examination for persons making their first application for an operator’s license shall include, subject to sub.
(3) (am), a test of the applicant’s eyesight, ability to read and understand highway signs regulating, warning and directing traffic, knowledge of the traffic laws, including ss. 346.072 and 346.26, understanding of fuel-efficient driving habits and the relative costs and availability of other modes of transportation, knowledge of the need for anatomical gifts and the ability to make an anatomical gift through the use of a donor card issued under s. 343.175 (2), and an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The test of knowledge of the traffic laws shall include questions on the provisions of ss. 343.30 (1q), 343.303 to 343.31 and 346.63 to 346.655, relating to the operation of a motor vehicle and the consumption of alcohol beverages. The test of knowledge may also include questions on the social, medical and economic effects of alcohol and other drug abuse. The examination of applicants for authorization to operate ‘Class M’ vehicles shall test an applicant’s knowledge of motorcycle safety, including proper eye protection to be worn during hours of darkness. The department may require persons changing their residence to this state from another jurisdiction and persons applying for a reinstated license after termination of a revocation period to take all or parts of the examination required of persons making their first application for an operator’s license. Any applicant who is required to give an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall furnish a representative vehicle in safe operating condition for use in testing ability.
(c) Standards. The department shall promulgate rules setting standards to govern driver license examinations and reexaminations. Such standards shall take into consideration any federal standards or requirements which may apply.
(cm) Motorcycle waiver. The department shall waive the driving skills test of a person applying for authorization to operate “Class M” vehicles if the applicant has successfully completed a rider course approved by the Wisconsin department of transportation motorcycle safety program.