Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Scott Grosz, Principal Attorney April 1, 2024
2023 Wisconsin Act 202
[2023 Assembly Bill 569]
Location of Driver Schools
Wisconsin law provides for regulation of driver schools by the Department of Transportation (DOT).
Under one aspect of that regulation, s. 343.61 (4) (b), Stats., currently states, in part, “except as
provided by DOT rule, no driver school licensee may establish a driver school office within 1,500 feet of
a DOT office where operator licenses are issued nor within 1,500 feet of any DOT headquarters where
official driving tests are given.”
As contemplated by the statutes, DOT has promulgated administrative rules, codified in ch. Trans 105,
to regulate driver schools. Among the provisions of this chapter, s. Trans 105.06 (5) prohibits a driver
school licensee from soliciting business within 1,500 feet of any DOT office where official road tests are
given, but states that the prohibition does not apply in certain circumstances, including when the
municipality where the office is located has a population of less than 10,000 and the business district in
which the DOT office is located is less than 1,500 feet long.
2023 Wisconsin Act 202 directly treats the DOT administrative code, amending the “small
municipality” solicitation exemption to allow solicitation of business within 1,500 feet of a DOT office
when the office is located in a municipality with a population of less than 15,000 (removing the
language relating to the nature of the municipality’s business district as well).
Effective date: March 24, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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