343.16 Examination of applicants; reexamination of licensed persons.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

a. Except as provided in sub.

(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.

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

(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

(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

(d)1m. , “P” endorsement specified in s. 343.17

(d)3. , or “S” endorsement specified in s. 343.17

(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

(h), abbreviated driving skills tests required by sub.

(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 examinations 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 3rd-party 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

(h), abbreviated driving skills tests required by sub.

(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.

(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.

(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.