Wis. Admin. Code Department of Transportation § Trans 102.14 - Issuance

Current through March 28, 2022

(1) The department shall issue operator's licenses and identification cards to eligible Wisconsin residents upon completion of application processing and payment of required fees, unless:
(b) The computer system is down and a backup system must be used to produce the photo operator's license or photo identification card.
(c) Further verification of eligibility is necessary to comply with licensing qualifications in ch. 343, Stats., or the department determines that the person is ineligible for licensing under ch. 343, Stats.
(d) There are administrative reasons for not issuing the operator's license or identification card immediately, for purposes including, but not limited to, conducting a study or establishing a control group.
(e) The person does not provide the department with the information required under sub. (2) or does not provide a sample signature for reproduction on the operator's license in the format first name, middle initial or name, last name. A person may not include in a signature a disclaimer of any type or any information other than the person's name.
(1m) The department may mail any license issued under sub. (1) to the person rather than issue it directly at a motor vehicle service center in any of the following circumstances:
(a) The person has not been previously licensed in Wisconsin.
(b) The person has not been previously licensed in another jurisdiction.
(c) The department has discovered a pattern of falsified license applications and the person's application or the circumstances surrounding that application resemble that pattern.
(d) For the convenience of the license applicant.
(e) If the department produces driver license documents at a central facility rather than producing them at motor vehicle service centers.
(f) If the department does not issue a license to the person immediately for one of the reasons set forth in sub. (1)(b) to (d).
(2) A Wisconsin resident may be issued an operator's license or an identification card if the person surrenders all operator licenses and identification cards issued to the person by other jurisdictions, and the person is otherwise eligible to be issued an operator's license or identification card under Wisconsin law.
(3)
(a) A person may not be required to have resided in Wisconsin for any minimum amount of time in order to be eligible for a Wisconsin operator's license.
(b)
1. A person whose legal presence or authorized stay in this country is a period of 12 months or less and ends not more than 6 months after he or she applies for an operator's license is not a resident of this state within the meaning of s. 343.01(2) (g), Stats.
2. A person whose legal presence or authorized stay in this country is a period of 6 months or less and ends not more than 3 months after he or she applies for an identification card is not a resident of this state within the meaning of s. 343.01(2) (g), Stats.
(4) Persons who establish Wisconsin residency and who are not exempt from Wisconsin licensing requirements under s. 343.05(4), Stats., shall apply for a Wisconsin operator's license as follows:
(a) Within 30 days of establishing Wisconsin residency if the person holds a commercial driver license from another jurisdiction or Mexico and seeks a Wisconsin commercial driver license.

Note: Commercial drivers are required to transfer their CDL within 30 days of moving between states by federal law. 49 CFR 383.71(b).

(b) Within 60 days of establishing Wisconsin residency in situations not described in par. (a).

Note: See s. 343.01(2) (g), Stats., regarding establishing residency for driver license purposes.

(5) No license will be issued to a person under the age of 18 unless the person provides satisfactory proof that the person has successfully completed a driver education or training course which meets the requirements of s. 343.06(1) (c), Stats., an approved driver education course of another jurisdiction, or the person is exempt from those requirements under s. 343.08 or 343.135, Stats.
(6) A license shall be reissued without fee if it is defective or inaccurate because of a department error.

Notes

Wis. Admin. Code Department of Transportation § Trans 102.14
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.

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