Section Trans 107.02 - DefinitionsThe words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:
(1) "Assessment" means a voluntary or ordered examination of the person's use of chemicals and development of a driver safety plan for the person by an approved public treatment facility as defined in s. 51.45(2) (c), Stats., or as provided by a program in another state.(2) "Assessor" means a person who conducts assessments under s. 51.42(5) (b), Stats., in a public treatment facility, as defined in s. 51.45(2) (c), Stats., according to the standards set forth in ch. DHS 62, and instructions of the department of health services.(3) "Chemical abuse" means the use of alcohol or other drugs, prescription or nonprescription, which may adversely affect driving ability. It includes both irresponsible use and borderline irresponsible use of alcohol or other drugs.(4) "Chemical dependency" means dependence on alcohol, a controlled substance, other drugs, or any combination thereof that has attained such a degree that it interferes with a person's physical or mental health or social or economic functioning.(5) "Controlled substance" has the same meaning as in s. 961.01(4), Stats.(5m) "County department" means the community services program established under s. 51.42, Stats., or its approved agency, or the county department of human services established under s. 46.23, Stats., that is responsible for each Wisconsin county's provision of services for chemical abuse or dependency under ss. 51.42 and 51.45, Stats.(6) "Driver safety plan" means: (a) For Wisconsin residents, an individualized plan of education or treatment, or both, based on an assessment referral which specifies a traffic safety school defined under s. 345.60, Stats., or treatment services, or a combination thereof, for alleviation of identified chemical use, abuse or dependency problems.(b) For nonresidents or residents temporarily residing in another state, an individualized plan under par. (a) or a program of education or treatment, or both, which satisfies the requirements of that state. (7) "Interview" means a meeting as described in s. Trans 107.06(2) between a department representative and a licensed driver or applicant for the purpose of evaluating the probability of an alcohol or other drug problem.(8) "Licensing action" means any action by the department involving the denial, cancellation, revocation, suspension, disqualification, restriction, or issuance of a license under this chapter.(9) "Medical condition" means any condition affecting a person's health for which a person is receiving medical treatment, or for which medical treatment is usually prescribed.(10) "OWI" or "operating while intoxicated" means any offense for which a conviction, revocation or suspension resulting therefrom may be counted under s. 343.307(1), Stats.(11) "Program in another state" means a program or facility in another state which examines persons for chemical abuse or dependency levels and recommends individualized plans or programs of education or treatment, or both, for persons who are nonresidents or residents temporarily residing in another state, which meets the program and facility requirements of that state.(12) "Refusal" means refusing to submit to chemical testing upon request of a law enforcement officer, pursuant to s. 343.305(3) (a), Stats., or a local ordinance or law of a federally recognized American Indian tribe or band in this state in conformity therewith, and no request for a court refusal hearing, or an adverse finding in an implied consent hearing.(13) "Released" means that a revocation, suspension, cancellation or disqualification license action has been withdrawn because of an appeal, reopening, vacation of a conviction, or a finding that the license action, as ordered by the department or court, was in error or inappropriate.(14) "Review board" or "board" means any board established by the department to provide advisory review of a licensing decision based on the special examination referred to in s. 343.16(2) (b), Stats.(15) "Review unit" means the alcohol and other drug review unit in the department's division of motor vehicles.Wis. Admin. Code Department of Transportation Trans 107.02
Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. (1), renum. (2) to (9) to be (1) to (8), cr. (9), Register, March, 1984, No. 339, eff. 4-1-84; am. (2), (7), (12) and (16), renum. (17) to be (5m) and am., Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. (1) and (2) and am., cr. (1), am. (7), eff. 4-24-87; am. (1), (7) and (12), cr. (17), Register, May, 1988, No. 389, eff. 6-1-88; am. (7) (b) and (17), Register, January, 1991, No. 421, eff. 2-1-91; am. (intro.), (1), (3), (4) and (5m), r. (6), (12) and (13), renum. (7) to (11) and (14) to (17) to be (6), (12), (7) to (9), (13) to (15) and (11) and am. (6) (a) and (b), (8) and (11) to (13), cr. (10), Register, June, 1993, No. 450, eff. 7-1-93; correction in (2) and (5) made under s. 13.93(2m) (b) 7, Stats., Register, December, 1996, No. 492; corrections in (2) made under s. 13.92(4) (b) 6 and 7., Stats., Register March 2012 No. 675.