Wis. Admin. Code Trans § Trans 129.10

Current through November 25, 2024
Section Trans 129.10 - Requirements for rider coaches
(1) RIDER COACH LICENSE REQUIREMENT. A person providing training on the operation of motorcycles for motorcycle skills test waiver purposes or for demerit point reduction purposes shall be licensed as a rider coach.
(1m) APPLICATION. Rider coaches seeking a rider coach license to participate in the waiver of skills test program, demerit point reduction program, or both, shall complete and submit an application to the department on the department's form.

Note: Application forms can be obtained from and should be submitted to the Department of Transportation, Motorcycle Safety Program, 4822 Madison Yards Way, 9th Floor South, Madison, WI 53705, or via email to wmsp@dot.wi.gov. The form is available online at https://wisconsindot.gov/Documents/formdocs/sp3574.pdf.

(2) LICENSE ELIGIBILITY CRITERIA. A person may not be licensed as a rider coach unless the person meets the requirements of par. (a) or (b) and pars. (c) to (g), and the driver record requirements of sub. (3):
(a) The person has completed a rider coach preparation course in this state meeting the requirements of the curriculum provider.
(b) The person has completed a rider coach preparation course meeting the curriculum provider's requirements and approved by another jurisdiction, U.S. governmental agency, or a branch of the military, and has completed an out-of-state rider coach orientation course in this state or is authorized to grant skills test waivers in this state as of December 1, 2024. To qualify under this paragraph, a person may be required to provide proof of completion of pre-course and course assignments from the rider coach preparation course the person attended.
(c) The person teaches 2 range and 2 classroom courses during each year of an authorization period.
(d) The person successfully completes a minimum of 6 hours of motorcycle rider education related professional development activity sponsored or approved by the department during each year subsequent to the year the person completes rider coach training described in par. (a) or (b).
(e) The person successfully completes all knowledge tests, all skill tests, and other evaluations required for rider coach certification.
(f) The person is certified as a rider coach by the curriculum provider.
(g) The person meets the background requirements for licensing under s. Trans 129.20.

Note: Nothing in this rule prohibits a rider education provider or the curriculum provider from imposing more stringent driver record or background requirements upon instructors.

(3) INSTRUCTOR DRIVER RECORD REQUIREMENTS. To be licensed as a rider coach, a person shall maintain a satisfactory driving record. A person's driving record may not be considered satisfactory under this subsection if that person:
(a) Has accumulated 6 or more demerit points under s. 343.32 (2), Stats., during a one-year period. Demerit point reductions under s. Trans 101.07 may not be considered.
(am) Has been convicted under s. 346.04 (2t) or (3), under s. 346.57 (4) (a) to (k) for speeding in excess of 20 miles per hour over the applicable speed limit, under s. 346.62, 346.63 (1), (2) or (6) (a), 346.67 (1), or 346.70 (1) as an operator, under s. 346.94 (2), or, if the violation caused bodily harm, as defined in s. 939.22 (4), to another where persons engaged in work in a highway maintenance or construction area, utility work area, or emergency or roadside response area are at risk from traffic, under s. 346.04 (1) or (2), 346.18 (6), 346.37, 346.39, 346.46 (1), or 346.57 (2), (3), (4) (d) to (h), or (5), or under an ordinance adopted in conformity with these offenses, or under any offenses in another jurisdiction that prohibits the following conduct as described in the other jurisdiction's laws:
1. Failure to perform duties required of a driver after an accident, such as stopping, exchanging driver information, or reporting an accident.
2. Fleeing or attempting to elude an officer, or knowingly resisting an officer by failing to stop a vehicle.
3. Operating a commercial vehicle with alcohol concentration of 0.04 or more but less than 0.1 and causing injury.
4. Operating while intoxicated and causing injury.
5. Operating while under influence of intoxicant or controlled substance, or with a prohibited alcohol concentration.
6. Racing on a public highway or engaging in a contest of speed or endurance.
7. Reckless driving.
8. Speeding 20 miles per hour or more in excess of lawful or posted speed.

Note: The offenses described would all be 6-point offenses if committed in this state. See s. Trans 101.02 (1). There is no requirement that the other jurisdiction's statute strictly conform to Wisconsin's, only that it prohibits similar conduct. Variations in language from that used in Wisconsin statutes is expected and will not render a violation dissimilar. The department considers the type of conduct prohibited by the other jurisdiction's law, not the particular conduct committed by the licensee.

(b) Has been involved in 2 or more accidents in the preceding year and the accident report for more than one accident indicates that the person may have been causally negligent.
(c) Has had his or her operator's license revoked or suspended for a traffic violation other than a parking violation, failure to pay a forfeiture or other debt of any type, at any time during the preceding year.

Note: Nothing in this rule prohibits a rider education provider or the curriculum provider from imposing more stringent driver record or background requirements upon rider coaches.

(4) ONGOING CONDUCT REQUIREMENTS. A rider coach shall:
(a) Conduct rider courses and programs at authorized training sites, in conjunction with an approved rider education provider, and in a manner that meets the standards required by the curriculum provider.
(b) Maintain a low risk and positive learning environment for all students.
(c) Follow riding practices consistent with the curriculum provider's teachings.
(d) Operate a motorcycle on a frequent, routine basis during the riding season.
(e) Ride, drive, and teach classes free of intoxicants, controlled substances, and controlled substance analogs as defined in ch. 340, Stats.
(f) Wear protective gear when riding to, from, and during on-cycle rider training activities.
(g) Complete rider coach or rider coach trainer professional development in addition to training required for initial licensure under this chapter if required by the curriculum provider or the department.
(h) Exhibit professional conduct, including having an appropriate appearance, using appropriate language, exhibiting positive verbal and written messages, and engaging in positive interaction with others that is free from intimidation or threat.
(i) Provide each student who successfully completes a rider course a course completion card. If the rider used a 3-wheeled vehicle on the range portion of the course, provide a notation that the course was completed on a 3-wheeled vehicle on the course completion card.
(5) INELIGIBILITY FOR AND SUSPENSION OF RIDER COACH LICENSE.
(a) The department shall suspend the license of or deny an application for a rider coach license for a person who does not meet the license eligibility criteria of sub. (2), whose driver record does not meet the requirements of sub. (3), or who does not meet the conduct requirements of sub. (4).
1. A person whose license is suspended because the person does not meet the licensing criteria of sub. (2) may reapply for a rider coach license or apply to apply reinstate a suspended rider coach license when the person is eligible licensing under sub. (2).
2. A person whose license is suspended because the person failed to meet the driver record requirements of sub. (3) may reapply for a rider coach license or apply to reinstate a suspended rider coach license one year from the conviction date for the latest offense that led to imposition of the suspension under sub. (3), or the date that offense was reported to department as required by s. Trans 129.23, whichever is later.
3. A person whose license is suspended because the person failed to meet the conduct requirements of sub. (4) shall be eligible to reinstate the suspended rider coach license at the end of the suspension period.
4. A person whose license is suspended for any combination of the reasons specified in subd. 1. to 3. shall be eligible to reinstate the suspended rider coach license at the end of all of the suspension periods.
(b) The department shall suspend the license of a person whose authorization or certification to teach a curriculum is cancelled, suspended, revoked, or otherwise withdrawn by a curriculum provider. The person may reapply for or reinstate a rider coach license when the person is reauthorized to conduct training by the curriculum provider.
(c) No person may act as a classroom or range instructor at a school that issues skill test waivers or demerit point reductions if the person's rider coach license is cancelled or suspended.

Note: See s. Trans 129.08 (2) (e).

(d) Rider coaches may be evaluated from time to time by the department. If the department evaluates a rider coach and determines that the individual fails to meet the standards set by this chapter, the department may require the rider coach to participate in a training program provided by the applicable curriculum provider, and may cancel that rider coach's license if the individual does not complete the required training within the time specified by the department.
(6) RIDER COACH LICENSES.
(a) The department shall assign all licensed rider coaches a rider coach number.
(b) A rider coach license shall be valid through the same date as the authorization the person receives from the curriculum provider to conduct motorcycle rider classes, unless the authorization from the curriculum provider is cancelled or suspended.

Note: The intent of this provision is to reduce administrative burdens on rider coaches by having all reauthorization activities by the department and the curriculum provider coincide.

(c) The department shall evaluate each rider coach's qualifications under this section at least once during each license period and shall take action as required under sub. (5) if the evaluation concludes that the rider coach is ineligible to be licensed.
(7) RIDER COACH TRAINING QUALIFICATION. To develop and maintain a state-wide pool of motorcycle rider coaches, the department may manage enrollment into department-sponsored motorcycle rider coach instruction classes in any of the following manners:
(a) Exclude applicants from rider coach training classes who are not sponsored by a rider education provider.
(b) Grant preference to persons who are applying to become rider coaches in parts of the state where additional instructors are needed.
(c) Exclude applicants who do not meet the background or driver record qualification requirements for a motorcycle rider coach.
(d) Interview and select rider coach applicants who the interviewing panel concludes are most likely to succeed as motorcycle rider coaches.
(e) Limit the number of persons it will enroll in rider coach training classes if the number of applicants exceeds the number of available student positions in the department-sponsored rider coach training class.
(8) RIDER COACH TRAINERS. The department may maintain a list of rider coach trainers who are certified by the curriculum provider as rider coach trainers, and who undergo all training and evaluations required to maintain that certification. Rider coach trainers shall be subject to the requirements of subs. (2) and (3) and hold a rider coach license. Only certified rider coach trainers may provide rider coach preparation courses or orientations.

Wis. Admin. Code Department of Transportation Trans 129.10

Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 07-084: am. (1), (2) (c), (d) and (4) (c), r. (2) (b), cr. (2) (e) Register February 2008 No. 626, eff. 3-1-08.
Amended by, CR 23-043: am. (title), renum. (1) to (1m) and am., renum. Trans 129.19 (1) to (1), r. and recr. (2), am. (3) (intro.), (a), cr. (3) (am), am. (b), r. and recr. (4), (5), cr. (6) to (8) Register November 2024 No. 827, eff. 12-1-24; correction in (3) (am) (intro.) made under s. 35.17, Stats., Register November 25 No. 827, eff. 12/1/2024

Persons trained in other jurisdictions, or via training by the military or a federal agency may qualify as instructors under sub. (2) (b).