343.44(2s)
(2s) Within 30 days after receipt by the department of a report from a law enforcement officer under
s. 343.305 (7) or a court order under
s. 343.28 of a violation committed by a person operating a commercial motor vehicle while subject to an out-of-service order under
s. 343.305 (7) (b) or
(9) (am), a traffic officer employed under
s. 110.07 may prepare a uniform traffic citation under
s. 345.11 for a violation of
sub. (1) and serve it on the person. The citation may be served anywhere in this state and shall be served by delivering a copy to the person personally or by leaving a copy at the person's usual place of abode with a person of discretion residing therein or by mailing a copy to the person's last-known residence address. The venue for prosecution may be the county where the alleged offense occurred or in the person's county of residence.
343.44(3)
(3) Refusal to accept or failure to receive an order of revocation, suspension or disqualification mailed by 1st class mail to such person's last-known address shall not be a defense to the charge of driving after revocation, suspension or disqualification. If the person has changed his or her address and fails to notify the department as required in
s. 343.22 then failure to receive notice of revocation, suspension or disqualification shall not be a defense to the charge of driving after revocation, suspension or disqualification.
343.44(4)
(4) In addition to other penalties for violation of this section, if a person has violated this section with respect to a motor vehicle which he or she is the owner, the court may order the vehicle impounded. The court may determine the manner and period of impoundment. The cost of keeping the vehicle constitutes a lien on the vehicle.
343.44(4m)
(4m) In addition to other penalties for violation of this section, if a person has violated this section after his or her operating privilege was revoked as provided in
ch. 351, the penalties shall be enhanced by imprisonment and additional fines as provided in
s. 351.08. For the purpose of enforcing this subsection, in any case in which the accused is charged with operating a motor vehicle while his or her license, permit or privilege to operate is suspended or revoked or is charged with operating without a valid license, the court, before hearing the charge, shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender and therefore barred from operating a motor vehicle on the highways of this state.
343.44(4r)
(4r) In addition to other penalties for violation of this section, if a person has violated this section after he or she was ordered out-of-service under state or federal law, the violation shall result in disqualification under
s. 343.315 (2) (h) or
(i).
343.44(5)
(5) If a motor vehicle impounded under
sub. (4) is subject to a security agreement or lease contract, the vehicle shall be released by the court to the lessor or secured creditor upon the filing of an affidavit by the lessor or secured creditor that the security agreement or lease contract is in default and shall be delivered to the lessor or secured creditor upon payment of the accrued cost of keeping the motor vehicle.
Effective date note
NOTE: Section 343.44 is affected eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
343.44 Operating while suspended, revoked, ordered out-of-service or disqualified. (1) Operating offenses. (a) Operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. A person's knowledge that his or her operating privilege is suspended is not an element of the offense under this paragraph. In this paragraph, "restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.
Effective date text
(b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. In this paragraph, "restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.
Effective date text
(c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while ordered out-of-service under state or federal law.
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(d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to 49 CFR 383.51, or under a determination by the federal highway administration under the federal rules of practice for motor carrier safety contained in 49 CFR 386 that the person is no longer qualified to operate a vehicle under 49 CFR 391.
Effective date text
(1g) Reinstatement required. Notwithstanding any specified term of suspension, revocation, cancellation or disqualification, the period of any suspension, revocation, cancellation or disqualification of an operator's license issued under this chapter or of an operating privilege continues until the operator's license or operating privilege is reinstated.
Effective date text
(2) Penalties. (a) Any person who violates sub. (1) (a) shall be required to forfeit not less than $50 nor more than $200.
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(am) Any person who violates sub. (1) (b) before May 1, 1999, may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation described in sub. (1) (b) within the preceding 5-year period, the penalty under par. (b) shall apply.
Effective date text
(b) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:
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1. The aggravating and mitigating circumstances in the matter, using the guidelines described in par. (d).
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2. The class of vehicle operated by the person.
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3. The number of prior convictions of the person for violations of this section within the 5 years preceding the person's arrest.
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4. The reason that the person's operating privilege was revoked, or the person was disqualified or ordered out of service, including whether the person's operating privilege was revoked for an offense that may be counted under s. 343.307 (2).
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5. Any convictions for moving violations arising out of the incident or occurrence giving rise to sentencing under this section.
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(c) In addition to other penalties for violation of this section, if a person violates this section while his or her operating privilege is revoked as provided in ch. 351, the penalties may be enhanced by imprisonment and additional fines as provided in s. 351.08. For the purpose of enforcing this paragraph, in any case in which the accused is charged with operating a motor vehicle while his or her operator's license, permit or privilege to operate is suspended or revoked or is charged with operating without a valid operator's license, the court, before hearing the charge, shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender and therefore barred from operating a motor vehicle on the highways of this state.
Effective date text
(d) The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under
SCR 70.34, for the consideration of aggravating and mitigating factors. Such guidelines shall treat operators of commercial motor vehicles at least as stringently as operators of other classes of motor vehicles.
Effective date text
(2p) Sentencing option. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to sub. (2) to provide cost savings for the state and for local governments. This option shall not be used if the suspension or revocation was for one of the following:
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(a) Improperly refusing to take a test under s. 343.305.
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(b) Violating s. 346.63 (1) or (5) or a local ordinance in conformity therewith.
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(c) Violating s. 346.63 (2) or (6), 940.09 (1) or 940.25.
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(2r) Prior convictions. For purposes of determining prior convictions under this section, the 5-year period shall be measured from the dates of the violations that resulted in the convictions and each conviction under sub. (2) shall be counted.
Effective date text
(2s) Within 30 days after receipt by the department of a report from a law enforcement officer under s. 343.305 (7) or a court order under s. 343.28 of a violation committed by a person operating a commercial motor vehicle while subject to an out-of-service order under s. 343.305 (7) (b) or (9) (am), a traffic officer employed under s. 110.07 may prepare a uniform traffic citation under s. 345.11 for a violation of sub. (1) (c) or (d) and serve it on the person. The citation may be served anywhere in this state and shall be served by delivering a copy to the person personally or by leaving a copy at the person's usual place of abode with a person of discretion residing therein or by mailing a copy to the person's last-known residence address. The venue for prosecution may be the county where the alleged offense occurred or in the person's county of residence.
Effective date text
(3) Failure to receive notice. Refusal to accept or failure to receive an order of revocation, suspension or disqualification mailed by 1st class mail to such person's last-known address shall not be a defense to the charge of driving after revocation, suspension or disqualification. If the person has changed his or her address and fails to notify the department as required in s. 343.22 then failure to receive notice of revocation, suspension or disqualification shall not be a defense to the charge of driving after revocation, suspension or disqualification.
Effective date text
(4) Impoundment. In addition to other penalties for violation of this section, if a person has violated this section with respect to a motor vehicle which he or she is the owner, the court may order the vehicle impounded. The court may determine the manner and period of impoundment. The cost of keeping the vehicle constitutes a lien on the vehicle.
Effective date text
(4r) Violation of out-of-service order. In addition to other penalties for violation of this section, if a person has violated this section after he or she was ordered out-of-service under state or federal law, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).
Effective date text
(5) Vehicle impoundment; lessors and secured creditors. If a motor vehicle impounded under sub. (4) is subject to a security agreement or lease contract, the vehicle shall be released by the court to the lessor or secured creditor upon the filing of an affidavit by the lessor or secured creditor that the security agreement or lease contract is in default and shall be delivered to the lessor or secured creditor upon payment of the accrued cost of keeping the motor vehicle.
343.44 Annotation
See notes to Art. I, sec. 1, and Art. VII, sec. 2, citing State v. Sittig, 75 W (2d) 497, 249 NW (2d) 770.
343.44 Annotation
This section does not impose on drivers strict criminal liability. Among other elements of offense, state must prove that defendant had cause to believe license might be revoked or suspended. State v. Collova, 79 W (2d) 473, 255 NW (2d) 581.
343.44 Annotation
See note to 889.18, citing State v. Mullis, 81 W (2d) 454, 260 NW (2d) 696.
343.44 Annotation
Under (1), trial court may, in its discretion, order that mandatory sentence of imprisonment be served concurrently with other sentence. State v. Schultz, 145 W (2d) 661, 429 NW (2d) 79 (Ct. App. 1988).
343.44 Annotation
Time between violations underlying convictions, not time between convictions, determines whether penalty enhancer in (2) (b) 1. applies. State v. Walczak, 157 W (2d) 661, 460 NW (2d) 797 (Ct. App. 1990).
343.44 Annotation
Where prior convictions are used to enhance minimum penalty under (2), collateral attack of prior convictions must be allowed. State v. Baker, 169 W (2d) 49, 485 NW (2d) 237 (1992).
343.44 Annotation
Sub. (2) (e) 2. prevents the imposition of criminal penalties against an habitual offender under ch. 351 where the revocation is based solely on a failure to pay a previously imposed forfeiture and subsequent revocations were in turn based solely on a previous failure to pay a forfeiture. State v. Taylor, 170 W (2d) 524, 489 NW (2d) 664 (Ct. App. 1992).
343.44 Annotation
Decriminalization of first-offense OAR did not remove the defendant's knowledge of the revocation as an element. State v. Olson, 175 W (2d) 628, 498 NW (2d) 661 (1993).
343.44 Annotation
The existence of a basis for revocation or suspension other than, or in conjunction with, failure to pay a fine or forfeiture renders sub. (2) (c) 2. inapplicable. State v. Biljan, 177 W (2d) 14, 501 NW (2d) 820 (Ct. App. 1993).
343.44 Annotation
In sub. (2g) (e), a "conviction under this section" includes an offense under sub. (1). State v. Charles, 180 W (2d) 155, 509 NW (2d) 85 (Ct. App. 1993).
343.44 Annotation
Application of sub. (2) (b) 2. discussed. State v. Muniz, 181 W (2d) 928, 512 NW (2d) 252 (Ct. App. 1994).
343.44 Annotation
A person whose period of suspension resulting from an OWI conviction has as ended but who remains suspended due to a failure to complete required alcohol assessment is subject to sub. (2g). State v. Doyen, 185 W (2d) 635, 518 NW (2d) 521 (Ct. App. 1994).
343.44 Annotation
The general requirements for establishing prior criminal offenses in s. 973.12 are not applicable to the penalty enhancement provisions for offenses under sub. (2). The convictions must be established by defendant's admission, copies of prior judgments or a teletype of the DOT driving record. State v. Spaeth, 206 W (2d) 134, 556 NW (2d) 728 (1996).
343.44 Annotation
Local governments can prohibit first acts of operating after revocation or suspension, but second offense will not be crime.
71 Atty. Gen. 132.
343.45
343.45
Permitting unauthorized person to drive. 343.45(1)(1) No person shall cause or knowingly permit the person's child or ward under 18 years of age to operate a motor vehicle upon any highway in violation of this chapter or when such minor is not authorized under this chapter to operate a motor vehicle.
343.45(2)
(2) No person shall authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be operated upon any highway in violation of this chapter or by a person who is not authorized under this chapter to operate a motor vehicle. No dealer as defined in
s. 340.01 (11) (intro.) but including the persons specified in
s. 340.01 (11) (a),
(b),
(c) and
(d), shall permit any person to operate any motor vehicle owned by the dealer or in the dealer's possession or control on a trial run unless the dealer has been shown the person's valid operator's license, issued by this state or other jurisdiction, before permitting the trial run.
343.45(3)
(3) Except as another penalty is provided by
s. 343.245 (4) (b), any person violating this section may be required to forfeit not more than $100.
343.45 History
History: 1971 c. 278;
1989 a. 105,
359.
343.45 Annotation
Parent's unrestricted entrustment of motorcycle to minor child constituted negligence. Kempf v. Boehrig, 95 W (2d) 435, 290 NW (2d) 563 (Ct. App. 1980).
343.46
343.46
Duty of persons renting vehicles to another. 343.46(1)(1) No person shall rent a motor vehicle, trailer or semitrailer to another unless the person who is to operate such rented vehicle is duly licensed under this chapter or, in the case of a nonresident, is duly licensed under the laws of the jurisdiction of the nonresident's residence.
343.46(2)
(2) No person shall rent a motor vehicle, trailer or semitrailer to another until that person has inspected the license of the person who is to operate the vehicle and has compared and verified the signature thereon with the signature of such person written in his or her presence.
343.46(3)
(3) Every person renting a motor vehicle, trailer or semitrailer to another shall keep a record of the registration number of the motor vehicle so rented or, in the case of a trailer or semitrailer, the registration number of the motor vehicle to which such trailer or semitrailer is to be attached, the name and address of the person who is to operate such rented vehicle, the number of the license of such person and the date when and place where such license was issued. Such record shall be open to inspection by any traffic officer or employe of the department.
343.46(4)
(4) Any person violating this section may be required to forfeit not more than $100.
IDENTIFICATION CARDS
343.50
343.50
Identification cards. 343.50(1)
(1)
Issuance. The department shall issue to every qualified applicant, who has paid the required fee, an identification card as provided in this section.
343.50(2)
(2) Who may apply. Any resident of this state who does not possess a valid operator's license which contains the resident's photograph issued under this chapter may apply to the department for an identification card pursuant to this section. The card is not a license for purposes of this chapter and is to be used for identification purposes only.
343.50(3)
(3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under
s. 343.17 (3). The card may serve as a document of gift under
s. 157.06 (2) (b) and
(c) and the holder may affix a sticker thereto as provided in
s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under
s. 157.06 (2) (i). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under
s. 343.17 (3) (a) 12.
343.50(4)
(4) Application. The application for an identification card shall include the information required under
s. 343.14 (2) (a) and
(b) and
(2m), such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in
s. 71.55 (10) (b). The department shall, as part of the application process, take a photograph of the applicant to comply with
sub. (3). No application may be processed without the photograph being taken. Misrepresentations are punishable as provided in
s. 343.14 (5).
343.50(4m)(a)(a) As part of every application for an identification card, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person.
343.50(4m)(b)
(b) In addition to the inquiry under
par. (a), if the applicant is at least 18 years of age, the department shall orally state to the applicant that he or she has the opportunity to indicate his or her willingness to be an organ donor. If the applicant indicates that he or she is undecided in response to the inquiry under
par. (a), the department shall provide the applicant with written information that all organ procurement organizations and the department have together developed. If the applicant makes an affirmative response to the inquiry under
par. (a), the department shall request at that time that the applicant write on the identification card the information that is required to make an anatomical gift under
s. 157.06 (2) (b) and
(c) and affix a sticker thereto as provided in
s. 343.175 (3).
343.50(5)
(5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under
sub. (10) shall be $9. The card shall be valid for the succeeding period of 4 years from the applicant's next birthday after the date of issuance.
343.50(6)
(6) At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under
s. 343.175. The fee for a renewal identification card shall be $9, which card shall be valid for 4 years.
343.50(7)
(7) Duplicate. The fee for a duplicate card is $6.
343.50(8)(a)(a) The department shall maintain current records of all identification card holders under this section in the same manner as required under
s. 343.23 for operator's licenses.
343.50(8)(b)
(b) The department may not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Except for photographs disclosed to a law enforcement agency under
s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under
s. 49.22 (2m) by the department of workforce development or a county child support agency under
s. 59.53 (5).
343.50 Note
NOTE: Par. (b) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
343.50(10)
(10) Cancellation. The department shall cancel an identification card:
343.50(10)(a)
(a) Whenever the department determines that the card was issued upon an application which contains a false statement as to any material matter; or
343.50(10)(b)
(b) Whenever the department determines that an identification card has been altered and returned for cancellation under
s. 343.43 (2).
343.50(11)
(11) Surrender of card upon cancellation. The department may order any person whose identification card has been canceled to surrender the card to the department. The department may take possession of any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
343.50(12)(a)
(a) Represent as valid any canceled, fictitious or fraudulently altered identification card;
343.50(12)(b)
(b) Sell or lend his or her identification card to any other person or knowingly permit the use thereof by another;
343.50(12)(c)
(c) Represent as one's own, any identification card not issued to him or her;
343.50(12)(d)
(d) Permit any unlawful use of an identification card issued to him or her;
343.50(12)(e)
(e) Reproduce by any means whatever an identification card; or
343.50(13)
(13) Penalty. Any person who fails to comply with an order under
sub. (11) or who violates
sub. (12) may be required to forfeit not more than $1,000.
