Feed for /1997/statutes/statutes/343 PDF
343.12 Annotation Standards under 343.12 (2) (g) are not exempt from requirements under 111.34 (2) (b). Bothum v. Department of Transp., 134 W (2d) 378, 396 NW (2d) 785 (Ct. App. 1986).
343.13 343.13 Restricted licenses.
343.13(1)(1) The department upon issuing any license pursuant to this chapter may, whenever good cause appears, impose restrictions suitable to the licensee's operating ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate, or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
343.13(2) (2) Notwithstanding sub. (1), the department shall restrict the commercial driver license of any person to prohibit the operation of any motor vehicle equipped with air brakes if the person fails the portion of an examination under s. 343.16 relating to air brakes or the person's driving skills test is conducted in a motor vehicle not equipped with air brakes.
343.13 History History: 1977 c. 29 s. 1654 (7) (a); 1989 a. 105.
343.135 343.135 Special restricted operator's license.
343.135(1)(1)Issuance.
343.135(1)(a)(a) Except as provided in par. (b), upon application therefor, the department shall issue a special restricted operator's license to any person who meets the following requirements:
343.135(1)(a)1. 1. Is at least 14 years of age and is physically disabled or is at least 16 years of age.
343.135(1)(a)2. 2. Does not possess a valid operator's license issued under this chapter.
343.135(1)(a)3. 3. Pays the required fee.
343.135(1)(a)4. 4. Has passed an examination which includes a test of the applicant's eyesight, ability to read and understand highway signs regulating, warning and directing traffic, knowledge of the traffic laws and an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the vehicle for which the special restricted license is to be issued. An applicant shall furnish the motor vehicle he or she will be operating for use in testing his or her ability to operate the vehicle. The department may waive the demonstration of ability to exercise ordinary and reasonable control in the operation of a moped or motor bicycle as provided in s. 343.16 (2) (d).
343.135(1)(b) (b) The department may not issue a special restricted license to a person whose operating privilege is suspended or revoked.
343.135(2) (2)Scope.
343.135(2)(a)(a) A special restricted operator's license may be issued only for the specific vehicle or type of vehicle described on the license. A license under this paragraph may not be issued to authorize operation of a commercial motor vehicle or a school bus. A special restricted operator's license may be issued only for the following vehicles:
343.135(2)(a)1. 1. Motor bicycles or mopeds; or
343.135(2)(a)2. 2. Specially designed vehicles having a maximum speed of 35 miles per hour which the department authorizes to be operated on the highway.
343.135(2)(b) (b) If a special restricted operator's license is issued for operation of a vehicle described in par. (a) 2., the vehicle may be operated only by the following persons:
343.135(2)(b)1. 1. The holder of the restricted license.
343.135(2)(b)2. 2. A person licensed under this chapter who operates the vehicle for the limited purposes of repairing or testing the vehicle.
343.135(3) (3)Design of license. The special restricted license shall be of the same size and general design of the operator's license, except that it shall bear the words "SPECIAL RESTRICTED LICENSE". The information on the license shall be the same as specified under s. 343.17 (3) and the holder may affix a decal thereto as provided in s. 343.175 (3). All restrictions imposed under sub. (6) shall be listed on the license or on an attachment thereto.
343.135(4) (4)Physical requirements. The department may set such physical standards as it deems necessary for eligibility for licensing under this section. The standards shall include a vision standard.
343.135(5) (5)Examination. The department may require an applicant to submit to a medical examination to determine whether the applicant meets the standards set under sub. (4). The applicant shall pay the cost of any such examination.
343.135(6) (6)Restrictions. The department may impose such restrictions as it deems necessary on any license issued under this section. Such restrictions may include, but are not limited to, the type of vehicle, special equipment, time of day of operation, and specific geographic areas and streets or routes of travel. A vehicle operated under this section shall display a slow moving vehicle emblem as required under s. 347.245.
343.135(7) (7)Expiration; renewal. A special restricted operator's license issued under this section shall expire 2 years after the date of issuance. Within 90 days prior to the expiration of a license, the holder of the restricted license may renew the license by paying the required fee and passing the examination under sub. (1) (a) 4.
343.135 History History: 1979 c. 345; 1981 c. 138; 1983 a. 243; 1989 a. 105.
343.14 343.14 Application for license.
343.14(1) (1) Every application to the department for a license or identification card or for renewal thereof shall be made upon the appropriate form furnished by the department and shall be accompanied by the required fee.
343.14(2) (2) The forms for application shall be determined by the department and shall include:
343.14(2)(a) (a) The full name and residence address of the applicant;
343.14(2)(b) (b) The applicant's date of birth, social security number, color of eyes, color of hair, sex, height, weight and race;
343.14(2)(c) (c) A statement as to whether the applicant has heretofore been licensed as an operator of any motor vehicle and, if so, when and by what jurisdiction;
343.14(2)(d) (d) Whether any previous license or operating privilege has ever been suspended or revoked or whether application has ever been refused and, if so, the date and place of such suspension, revocation or refusal;
343.14(2)(e) (e) If the application is made by a person under 18 years of age, documentary proof that the applicant is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g). For purposes of this paragraph, "documentary proof" means the signature and verification of an adult sponsor as provided in s. 343.15 (1) or the applicant as provided in s. 343.15 (4) (b);
343.14(2)(f) (f) Such further information as the department considers appropriate to identify the applicant, including biometric data, and such information as the department may reasonably require to enable it to determine whether the applicant is by law entitled to the license applied for;
343.14(2)(g) (g) A question as to whether the applicant wishes to include his or her name as a donor of an anatomical gift in the record of potential donors maintained by the department. The form shall indicate the following:
343.14(2)(g)1. 1. The applicant is not required to respond to the question under this paragraph in order to obtain a license.
343.14(2)(g)2. 2. The purpose of maintaining the record of potential donors is to facilitate the determination of whether a person is a potential donor in the event of his or her death.
343.14(2)(g)3. 3. An affirmative response to the question under this paragraph does not in itself authorize an anatomical gift. To authorize an anatomical gift, an applicant shall comply with s. 157.06 or 343.175 (2);
343.14(2)(h) (h) A certification by the applicant that the motor vehicle in which the person takes the driving skills test is a representative vehicle of the vehicle group that the person operates or expects to operate; and
343.14(2)(i) (i) A certification by the applicant for a commercial driver license that he or she either:
343.14(2)(i)1. 1. Meets all of the driver qualifications contained in either 49 CFR 391 or in an alternative federally approved driver qualification program established by the department by rule. The department may require the applicant to show the medical certificate of physical examination required by 49 CFR 391.43; or
343.14(2)(i)2. 2. Meets all of the driver qualifications for drivers in intrastate commerce as established by the department by rule and is applying for a commercial driver license valid only in this state for noninterstate operation.
343.14(2j) (2j)
343.14(2j)(a)(a) Subject to any exceptions provided for in a memorandum of understanding entered into under s. 49.857 (2), the department shall deny an application for the issuance or renewal of a license if the applicant has not included his or her social security number in the application.
343.14(2j)(b) (b) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (b) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.
343.14(2m) (2m) The forms for application for a license or identification card or for renewal thereof or another form provided by the department shall include a place for an applicant, licensee or identification card holder to designate that his or her name, street address, post-office box number and 9-digit extended zip code may not be disclosed as provided in s. 343.235 or 343.24 (4), a statement indicating the effect of making such a designation and a place for an applicant, licensee or identification card holder who has made a designation under this subsection to reverse the designation.
343.14(3) (3) The department shall, as part of the application process, take a photograph of the applicant to comply with s. 343.17 (3) (a) 2. Except where specifically exempted by statute or by rule of the department, no application may be processed without the photograph being taken. In the case of renewal licenses, the photograph shall be taken once every 8 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3). The department may make provision for issuance of a license without a photograph if the applicant is stationed outside the state in military service and in specific situations where the department deems such action appropriate.
343.14(4m) (4m) The department shall develop designs for licenses and identification cards which are resistant to tampering and forgery no later than January 1, 1989. Licenses and identification cards issued on or after January 1, 1989, shall incorporate the designs required under this subsection.
343.14(5) (5) Any person who uses a false or fictitious name in any application for a license or identification card or knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
343.14(6) (6) The department shall disseminate information to applicants for a license relating to the anatomical donation opportunity available under s. 343.175. The department shall maintain a record of applicants who respond in the affirmative to the question under sub. (2) (g). In the event of the death of a person, at the request of a law enforcement officer or other appropriate person, as determined by the department, the department shall examine its record of potential donors and shall advise the law enforcement officer or other person as to whether a decedent is recorded as a potential donor.
343.14(7) (7) A person may notify the department in writing at any time if he or she wishes to include his or her name in the record of potential donors maintained by the department. A donor who revokes his or her gift and who has requested that his or her name be included in the record shall request the department in writing to remove his or her name from the record.
343.14(8) (8) The department shall annually distribute materials, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b) to applicants for a license who are aged 65 years or older.
343.15 343.15 Application of persons under 18; liability of sponsors; release from liability; notification of juvenile violation.
343.15(1)(1)
343.15(1)(a)(a) Except as provided in sub. (4), the application of any person under 18 years of age for a license shall be signed and verified by either of the applicant's parents, or a stepparent of the applicant or other adult sponsor, as defined by the department by rule. The application shall be signed and verified before a traffic officer, a duly authorized agent of the department or a person duly authorized to administer oaths.
343.15(1)(b) (b) The adult sponsor under par. (a) shall sign and verify on the application that the person under 18 years of age is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g).
343.15(2) (2)
343.15(2)(a)(a) In this subsection, "custody" does not mean joint legal custody as defined in s. 767.001 (1s).
343.15(2)(b) (b) Any negligence or wilful misconduct of a person under the age of 18 years when operating a motor vehicle upon the highways is imputed to the parents where both have custody and either parent signed as sponsor, otherwise, it is imputed to the adult sponsor who signed the application for such person's license. The parents or the adult sponsor is jointly and severally liable with such operator for any damages caused by such negligent or wilful misconduct.
343.15(3) (3) Any adult who signed the application of a person under the age of 18 years for a license may thereafter file with the department a verified written request that the license of such minor be canceled. Within 10 days after the receipt of such request the department shall cancel the license. When the license has been so canceled, the adult who signed the application and the parents or guardian of such minor is relieved from the liability which otherwise would be imposed under sub. (2) by reason of having signed such application, or being a parent or guardian, insofar as any negligence or wilful misconduct on the part of the minor while operating a motor vehicle subsequent to the cancellation concerned.
343.15(4) (4)
343.15(4)(a)(a) The department may issue a license to a person who is under 18 years of age even though an adult sponsor has not signed the application for license if such person is in one of the classes specified in this paragraph or in a substantially similar class specified by the department by rule and if a certificate of insurance to the effect that such person is covered by a motor vehicle policy of liability insurance meeting the requirements of s. 344.33 has been filed with the department. Such policy may be canceled or terminated only after notice as provided in s. 344.34.
343.15(4)(a)1. 1. A person who does not have a living parent.
343.15(4)(a)2. 2. A person who does not reside with his or her parents and who is a full-time student or earning a living.
343.15(4)(a)3. 3. A person who is a ward of the state, county or court and who has been placed in a foster home or a treatment foster home or in the care of a religious welfare service.
343.15(4)(a)4. 4. A person who is married and whose spouse is under 18 years of age.
343.15(4)(b) (b) A person who is not required to have an adult sponsor under par. (a) shall sign and verify on the application that he or she is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g).
343.15(5) (5) When a citation for a moving traffic violation, under chs. 341 to 349 or under a local ordinance in conformity therewith, is issued to or a notice of revocation under s. 351.027 is sent to a person who is under 18 years of age and required to have a sponsor under this section, the issuing or filing agency shall, within 7 days, notify the person's sponsor or parents of the violation or notice. When the secretary suspends or revokes the operating privilege of a person who is under 18 years of age and who possesses a license and who is required to have a sponsor under this section or when the secretary receives notice that a court has suspended or revoked the operating privilege of such a person, the secretary shall, within 14 days after the suspension or revocation or receipt of the notice of suspension or revocation by the court, respectively, notify the person's sponsor or parents of the suspension or revocation.
343.15 Annotation Summary judgment in favor of an insurer was properly denied when the basis for the insured's liability was sponsorship of driver's license and the policy excluded vehicles used in any business or occupation of any insured, because the son was not an insured and the truck was not being used in the business or occupation of the father. Biesiadny v. Henningfeld, 65 W (2d) 88, 221 NW (2d) 690.
343.15 Annotation Pierringer release of minor did not bar plaintiff's action under (2) against sponsor. Swanigan v. State Farm Ins. Co. 99 W (2d) 179, 299 NW (2d) 234 (1980).
343.15 Annotation Pierringer release of minor barred action under (2) against sponsor by nonsettling defendants. Jackson v. Ozaukee County, 111 W (2d) 462, 331 NW (2d) 338 (1983).
343.15 Annotation Stepmother who signed application as sponsor was "parent" under this section. Ynocencio v. Fesko, 114 W (2d) 391, 338 NW (2d) 461 (1983).
343.15 Annotation Sub. (2) is constitutional. Mikaelian v. Woyak, 121 W (2d) 581, 360 NW (2d) 706 (Ct. App. 1984).
343.15 Annotation Evidence of sponsors' wealth is not admissible for purposes of assessing punitive damages against underage driver; however, under vicarious liability doctrine, sponsor is liable for payment. Franz v. Brennan, 150 W (2d) 1, 440 NW (2d) 562 (1989).
343.15 Annotation The suspension of a minor's license does not relieve the sponsoring adult from liability if after suspension of the license the minor, while operating without a license, causes injury. Relief from liability can only be had by applying for cancelation of the license under sub. (3). Johnson v. Schlitt, 211 W (2d) 830, 565 NW (2d) 305 (Ct. App. 1997).
343.15 Annotation The scope of parental liability under this section does not extend to a child's conduct distinct from operating a vehicle. Shooting a gun from a car while driving was outside the ambit of the statute. Reyes v. Greatway Insurance Co. 220 W (2d) 285, 582 NW (2d) 480 (Ct. App. 1998).
343.16 343.16 Examination of applicants; reexamination of licensed persons.
343.16(1)(1)Required testing of knowledge and driving skills.
343.16(1)(a)(a) General. The department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in sub. (2) (cm) and (e), the examinations of applicants for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate "Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials, or the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. Except as may be required by the department for an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.
343.16(1)(b) (b) Third-party testing. The department may contract with a person, including an agency or department of this state or its political subdivisions or another state, or a private employer of commercial motor vehicle drivers, to administer commercial motor vehicle skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h) and abbreviated driving skills tests required by sub. (3) (b). The department may not enter into such testing contracts with a private driver training school or other private institution. A contract with a 3rd-party tester shall include all of the following provisions:
343.16(1)(b)1. 1. All tests and examinations conducted by the 3rd-party tester shall be the same as those given by the department.
343.16(1)(b)2. 2. The department, the federal highway administration or its representative may conduct random examinations, inspections and audits of the 3rd-party tester without any prior notice.
343.16(1)(b)3. 3. At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements. At least annually, the department shall also evaluate testing given by the 3rd-party by one of the following means:
343.16(1)(b)3.a. a. Department employes shall take the tests and examinations actually administered by the 3rd-party tester as if the department employe were an applicant.
343.16(1)(b)3.b. b. The department shall retest a sample of drivers who were examined by the 3rd-party to compare the pass and fail results.
343.16(1)(b)4. 4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department's license examiners to the extent established by the department as necessary to satisfactorily perform the skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h) and abbreviated driving skills tests required by sub. (3) (b).
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?