Current through November 25, 2024
Section Trans 105.05 - Driver schools to maintain records(1) The records required by s. 343.71, Stats., shall be made available for inspection at all reasonable times to an authorized representative of the department.(2)(a) The records required by s. 343.71(1m), Stats., shall be kept for 4 years in a readily accessible format, and shall include the following information for each person to whom instruction is given: 1. The student's last name, first name and middle initial;2. The student's date of birth;3. The student's home address;4. The contract or agreement number; and5. The total number of hours of lessons, lectures, tutoring and other instruction or services of any kind relating to motor vehicle operation instructions.(b) The information required under par. (a) 1. to 4. shall be recorded within 3 business days after the signing of a contract or agreement between the school and the student.(c) The information required under par. (a) 5. shall be recorded within 3 business days after the last instruction or other service has been received by the student. (3) The records required by s. 343.71(1m) (a), Stats., shall be in the form of an individual student record for each person listed in the records required by s. 343.71(1m), Stats. Such record shall show the student's name, date of birth, and address, and contract or agreement number, dates, types, duration and fees charged, lecture, tutoring, period of instruction or other service relating to instructions in the operation of motor vehicles; the name and license number of the instructor having given each lesson or period of instruction or service relating to instruction in the operation of motor vehicles, and identification of the vehicle in which any behind-the-wheel instruction was given. Schools participating in the cooperative driver testing program under s. Trans 105.015 shall also record the knowledge and highway signs scores for all tests attempted in the student record. The information required by this section shall be entered on the student record within one business day after the completion of each lesson.(4) To be approved, the agreement form required to be filed by s. 343.71(1m) (b), Stats., shall be consecutively numbered, contain the date of application, name of school, type or types of lessons, lectures, tutoring or instruction to be given, fee to be charged or the word none if no charge, the statement, "This constitutes the entire agreement between the school and the customer and no verbal statement or promises will be recognized," signature of customer, signature of student's parent or guardian for customers under the age of 18, address of customer, and signature of owner of school or owner's authorized representative.(6) The loss, mutilation, or destruction of records required under this section shall be reported immediately to the department by affidavit, stating: (a) The date such records were lost, destroyed, or mutilated;(b) The circumstances involving such loss, destruction, or mutilation; and(c) To whom and when the loss was reported, if the circumstances of the loss warranted a report to the local law enforcement agency or fire department.Wis. Admin. Code Department of Transportation Trans 105.05
Cr. Register, November, 1979, No. 287, eff. 12-1-79; CR 06-089: am. (2) (a) (intro.), (b), (c), (3) and (4), r. (5) Register December 2006 No. 612, eff. 1-1-07.Amended by, CR 22-048: am. (4) Register July 2023 No. 811, eff. 8/1/2023