Wis. Admin. Code Trans § Trans 105.035

Current through November 25, 2024

Section Trans 105.035 - Fitness for driver school license

(1) For the purpose of determining the fitness of a person to hold a driver school license under s. 343.62(4) (a) 8 and 9., Stats., the department shall consider all relevant arrests and convictions, and make such further examinations and checks as it determines are necessary.

(2) The department may not issue or renew a driver school or instructor's license issued under s. 343.61 or 343.62, Stats., to any person who, during their lifetime was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

Statute	Description
940.01	1^st degree intentional homicide
940.03	Felony murder
940.05	2^nd degree intentional homicide
940.225 (1) to (3m)	Sexual assault
940.305	Taking hostages
940.31	Kidnapping
941.32	Administering dangerous or stupefying drug
944.34	Keeping a place of prostitution
946.01	Treason
946.02	Sabotage
946.03	Sedition
948.02 (1) and (2)	Sexual assault of a child
948.025	Engaging in repeated acts of sexual assault of the same child
948.03 (2)	Physical abuse of a child
948.04 (1)	Causing mental harm to a child
948.05	Sexual exploitation of a child
948.055	Causing a child to view or listen to sexual activity
948.06	Incest with a child
948.07	Child enticement
948.075	Use of computer to facilitate a child sex crime
948.08	Soliciting a child for prostitution
948.095	Sexual assault of a student age 16 or older by a school instructional staff person
948.10	Exposing genitals or pubic area to child
948.11 (2) (a) or (am)	Exposing a child to harmful material or harmful descriptions or narrations
948.12	Possession of child pornography
948.13 (2)	Child sex offender working with children
944.06	Incest
940.22 (2)	Sexual exploitation by a therapist

(3) The department may not issue or renew a driver school or instructor's license issued under s. 343.61 or 343.62, Stats., to any person who within the past 10 years immediately preceding the date of application was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

Statute	Description
948.21	Abandonment of a child - neglecting a child
948.23	Concealing death of a child (at birth)
948.30	Abduction of another's child, constructive custody
961.42 (1)	Keep or maintain any place for drug use, manufacture, keeping or delivering
961.41 (1) (a) to (j)	Manufacture, distribution or delivery of drugs
961.41 (1m) (a) to (j)	Possession with intent to manufacture, distribute or deliver drugs
961.41 (4) (am)	Distribution or delivery or attempt to deliver or distribute an imitation controlled substance
961.455	Using a child for illegal drug distribution or manufacturing
961.46	Distribution of controlled substances to persons under age 18
944.17	Sexual gratification
944.30	Prostitution
944.31	Patronizing prostitutes
944.32	Soliciting prostitutes
944.33	Pandering
941.21	Disarming a peace officer
943.201	Unauthorized use of an individual's personal identifying information or documents
940.02	1^st degree reckless homicide
940.06	2^nd degree reckless homicide
940.09	Homicide by intoxicated use of vehicle or firearm
943.32	Robbery
948.09	Sexual intercourse with a child age 16 or older

(4) The department may not issue or renew a driver school or instructor's license issued under s. 343.61 or 343.62, Stats., to any person who within the past 5 years immediately preceding the date of application was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

Statute	Description
944.15	Public fornication
944.20	Lewd and lascivious behavior
944.21	Obscene material or performance
944.23	Making lewd, obscene or indecent drawings
944.25	Sending obscene or sexually explicit electronic messages
940.25 (1)	Injury by intoxicated use of a vehicle
941.26	Possession of machine guns and other weapons
941.28	Possession of short-barreled shotgun or rifle
941.29	Possession of firearm by felon
941.295	Possession of electric weapon
941.296	Use or possession of a handgun and an armor-piercing bullet during crime
941.298	Firearm silencer
941.30	Recklessly endangering safety
941.31	Possession of explosives
941.325	Placing foreign objects in edibles
941.327	Tampering with household products
943.02	Arson of buildings, damage of property by explosives
943.03	Arson of property other than buildings
943.04	Arson with intent to defraud
943.06	Molotov cocktails
934.10	Burglary
943.28	Loan sharking
943.30	Threats to injure or accuse of crime
943.38 (1) or (2)	Forgery
946.415	Failure to comply with officer's attempt to take person into custody
946.43	Assaults by prisoners
946.44	Assisting or permitting escape
946.47	Harboring or aiding felons
946.48	Kidnapped or missing persons; false information
946.60	Destruction of documents subject to subpoena
946.65	Obstructing justice
947.015	Bomb scare
961.41 (1n)	Possession of piperdine
961.41 (3g) (f)	Possession - gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam
961.41 (1x)	Conspiracy
961.41 (2) (a) to (d)	Counterfeit substances
961.41 (3g)	Possession of controlled substance
961.43 (1), (2)	Acquiring or obtaining possession of controlled substance by fraud or forgery - counterfeit substance or packaging
961.67	Possession or disposal of waste from manufacture of methamphetamine
940.10	Homicide by negligent operation of a vehicle
940.19 (2), (4), (5), or (6)	Battery, substantial battery or aggravated battery
940.195	Batter to a pregnant woman or unborn child
940.21	Mayhem
941.38	Criminal gang member solicitation and contact
940.23	Reckless injury
940.285	Abuse of vulnerable adults
940.295	Abuse and neglect of patients and residents
948.40	Contributing to the delinquency of a minor
948.55	Leaving or storing a loaded firearm within reach or easy access of child
948.605	Possession of a firearm in school zone

(5) The department may not issue or renew a driver school or instructor's license issued under s. 343.61 or 343.62, Stats., to any person who within the past 2 years immediately preceding the date of application was convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

Statute	Description
Various	Any felony not listed in subs. (3) to (5)
940.12	Assisting suicide
941.01	Negligent operation of a motor vehicle
941.20	Endangering safety by use of a dangerous weapon
941.37	Obstructing emergency or rescue personnel
943.07	Criminal damage to railroads
941.11	Unsafe burning of a building

Wis. Admin. Code Department of Transportation Trans 105.035

Cr. (2), (1) renum. from Trans 105.03(2) and am., Register, September, 1990, No. 417, eff. 10-1-90; reprinted to correct error in (2), Register, November, 1990, No. 419, eff. 12-1-90; CR 06-089: am. (1), r. (2), cr. (2) to (5) Register December 2006 No. 612, eff. 1-1-07.