Section 105.06. General rules for conducting driver schools.

 

(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)

1. 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.

2. 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.

(c) Absence of conflicting noise, disturbances or distractions.

(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 10,000 and the business district in which the office is located is less than 1500 feet long.

(c) The department conducts business at the office less than 3 times per month.

(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.

(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.

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.

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 [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1