Section Trans 104.05 - Vehicle safety inspection(1) INSPECTION REQUIRED. Prior to conducting any driving skills test or special examination, the examiner shall conduct a safety inspection of the vehicle furnished by the applicant for the test. The examiner may refuse to conduct the skills test or special examination if the test vehicle does not pass a safety inspection or the vehicle is unregistered.(2) APPLICANT CONDUCT. The examiner may not conduct a skills test or special examination when: (a) The applicant refuses to wear a safety belt during the driving skills test, unless the vehicle was manufactured prior to January 1, 1972, and has never been equipped with seat belts.(b) The applicant refuses to follow required safe driving practices.(c) The vehicle is a commercial motor vehicle and the applicant: 1. Cannot produce evidence of vehicle registration; or2. Does not hold a valid instruction permit, temporary operator's license or driver receipt that authorizes operation for the appropriate class and endorsement of vehicle.(d) The vehicle is not a commercial motor vehicle, is not registered, and no person has applied to renew the vehicle's registration. It shall be conclusively presumed that no person has applied to renew the vehicle's registration if the applicant does not have evidence of filing an application for registration and the vehicle's registration has expired by more than 30 days.(e) The vehicle is a motorcycle and the applicant does not wear an approved protective helmet when required under s. 347.485(1) (a), Stats.(f) The vehicle is a motorcycle and the applicant is not wearing a protective face shield, glasses or goggles, unless the windshield rises at least 15 inches above the handlebars.(g) The applicant appears to be impaired by alcohol or a controlled substance, disoriented, or otherwise unfit to operate a motor vehicle.(3) VEHICLE CONDITION. The examiner may not conduct a skills test or special examination when the test vehicle exhibits one or more of the following conditions:(a) A brake light on either side of the vehicle is not functioning.(b) A directional signal is missing or inoperable. This does not prohibit testing in a motorcycle that was manufactured without directional signals and on which directional signals have not been installed.(c) The exhaust system is defective or missing.(d) The windshield, a front side window or the back window is defective or missing.(e) The driver or passenger door is inoperable.(f) A required inside or outside mirror is defective or missing.(g) The speedometer is defective, inoperable or missing. This does not prohibit testing in a specially designed vehicle that was not manufactured with a speedometer and on which a speedometer has not been installed.(h) The horn is defective, inoperable or missing.(i) The brakes, except the parking brake, are defective, inoperable or missing.(j) The headlamps or tail lamps are defective, inoperable or missing and are required for visibility or driving conditions during the test.(k) The tires are defective or excessively worn. (l) The windshield wipers or defroster are defective, inoperable or missing and are necessary due to weather conditions during the test.(m) The vehicle lacks a permanently attached front seat for the examiner.(n) The safety belts in a motor vehicle manufactured on or after January 1, 1972, are missing, inoperable, defective or extremely dirty.(o) The vehicle is a moped or motor bicycle that does not meet the requirements specified in ss. 347.488 and 347.489, Stats.(4) In addition to the conditions specified in subs. (2) and (3), an examiner may not conduct a commercial driver license skills test or special examination when the test vehicle exhibits one or more of the following conditions: (a) Four-way hazard warning lamps are defective, inoperable or missing.(b) Passenger side access pegs or ladder are defective, inoperable or missing.(c) A right or left outside mirror is missing, obstructed, inoperable or defective.(d) The parking brake is defective, inoperable or missing.(5) In addition to the conditions under subs. (2) and (3), the examiner may not conduct a skills test or special examination for a Type 1 motorcycle when the motorcycle exhibits one or more of the following conditions: (a) The handlebars are defective, repaired or improvised, or rise more than 30 inches above the lowest part of the top of the seat when occupied.(b) The motorcycle has a missing or inoperable headlamp.(c) There is no adequate seat for the operator.(d) The footpegs or footrest for the operator are missing.Wis. Admin. Code Department of Transportation Trans 104.05
Cr. Register, July, 1996, No. 487, eff. 8-1-96.