Section Trans 104.09 - Waiting periods following failed skills tests and special examinations(1) Except as provided in subs. (2) to (5), a person who fails a skills test or special examination shall wait a minimum of one day before retaking the test.(2) A person who fails a skills test or special examination by 10 points or less, or who fails a skills test because of dangerous driving behavior described in s. Trans 104.06(13)(a), (b) or (d), shall wait a minimum of one week before retaking the test.(3) A person who fails a skills test or special examination by more than 10 points or because of dangerous driving behavior described in s. Trans 104.06 (13) (e) shall wait a minimum of 2 weeks before retaking the test.(3m) A person who fails a CDL skills test solely because the person failed both the straight-line and curved-path backing tests shall wait a minimum of one week before retaking the CDL skills test.(4) Waiting periods under this section include the day of the unsuccessful test.(5) A person who fails 5 or more skills tests or special examinations within one year may be authorized another attempt only after requesting and receiving permission from the department to do so. Permission to take more than 5 tests or exams in a one year period may be granted if the person demonstrates that he or she has received additional instruction, or some other significant circumstance has changed since the last failed test or exam, which makes successful completion of the test or exam more likely.Wis. Admin. Code Department of Transportation Trans 104.09
Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. (1), (2) and (5), cr. (3m), Register, August, 2000, No. 536, eff. 9-1-00.Amended by, CR 22-048: am. (3m) Register July 2023 No. 811, eff. 8/1/2023See s. Trans 104.12 regarding potential waiver of these time periods in appropriate cases.