Wis. Admin. Code Department of Transportation Trans 102.14 - Issuance
(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.
1. 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.
2. 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.
3. 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.
4. 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:
1. 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.
2. Proof that the person successfully
completed an approved driver education course in another
jurisdiction.
3. 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:
1. The department requires an examination for
renewal of a license.
2. 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.
3. 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.
4. 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:
1. The person's name.
2. The person's birthdate or place of
birth.
3. The person's social
security number.
4. The person's
sex, height, weight, eye color, or hair color.
5. The person's driver license or
identification card number.
6. The
vehicle class the person is authorized to operate.
7. A license endorsement.
8. 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:
1. 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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.