Effective date note
Sub. (1) is shown as amended eff. 2-1-99 by 1997 Wis. Acts 67
. Prior to 2-1-99 it reads:
Effective date text
(1) Any person who qualifies for registration plates of a special design under s. 341.14 (1), (1a), (1m) or (1q) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under s. 346.50 (2), (2a) and (3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, physician assistant, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.
The form for application for a special identification card under sub. (1)
or another form provided by the department shall include a place for an applicant or special identification card holder who is a natural person 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 under s. 343.235
, a statement indicating the effect of making such a designation and a place for an applicant or special identification card holder who has made a designation under this subsection to reverse the designation.
The department shall prescribe the form and size of identification cards issued under this section and shall promulgate rules regarding the issuance and use of the cards. The identification cards shall be designed and displayed so as to enable law enforcement officers to determine that the vehicle, when parked, is entitled to parking privileges under s. 346.50 (2)
, but shall not be unnecessarily conspicuous when the vehicle is operated. The department may establish an expiration date for any special identification card issued prior to July 1, 1994. Except as provided in par. (b)
, any special identification card issued after June 30, 1994, shall be valid for 4 years.
The department shall issue special identification cards which are valid for limited periods of time if the physician's statement required by sub. (1)
indicates that the applicant's disability is temporary.
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 application shall include all of the information required for issuance of a special identification card under sub. (1)
. The fee for a renewal identification card shall be the fee established by the department under sub. (1)
. Except as provided in par. (b)
, each card shall be valid for 4 years.
The department shall disseminate information to all applicants for a special identification card under sub. (1)
relating to the parking privileges granted under s. 346.50 (2)
and their right to request enforcement of s. 346.505
Unlawful use of special identification cards. 343.52(1)(1)
Any person or organization who does any of the following may be required to forfeit not more than $200:
Lends to another a special identification card issued under s. 343.51
, knowing that the person borrowing the card is not authorized by law to use it; or
Displays a special identification card issued under s. 343.51
upon a vehicle which is not authorized by law to have the card displayed thereon.
Any person or organization that fraudulently procures, alters or uses a special identification card issued under s. 343.51
or reproduces by any means whatever a special identification card shall forfeit not less than $200 nor more than $500.
The department shall cancel the special identification card of any person or organization who improperly uses a card as described in sub. (1)
or who reproduces or fraudulently procures, alters or uses a card under sub. (1m)
. The department may order a person or organization whose identification card has expired or has been canceled to surrender the card to the department. The department may take possession of any expired identification card or any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
A member of a disabled parking enforcement assistance council under s. 349.145
who observes a violation of this section may prepare a written report indicating that a violation has occurred. The report shall contain, if applicable, the time and location at which the violation occurred, and any other relevant information relating to the violation.
Within 24 hours after observing the violation, the member may deliver the report to a traffic officer of the political subdivision in which the violation occurred. A report which does not contain all of the information in par. (b)
shall nevertheless be delivered and shall be maintained by the political subdivision for statistical purposes.
Within 48 hours after receiving a report containing all of the information in par. (b)
and after conducting an investigation, the traffic officer may prepare a uniform traffic citation under s. 345.11
for the violation and may personally serve it upon the person or organization.
If with reasonable diligence the person or organization cannot be served under subd. 1.
or if the person or organization lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the person's or organization's last-known address.
LICENSING OF DRIVER SCHOOLS AND INSTRUCTORS
"Driver school" means the business of giving instruction, for compensation, in the driving of motor vehicles, except that it does not include a high school or technical college which teaches driver training as part of its regular school program and whose course of study in driver training has been approved by the department of public instruction or technical college system board and it does not include an institution of higher learning which teaches driver training as part of its teacher training program.
"Fraudulent practices" includes, but is not limited to:
Any conduct or representation tending to give the impression that a license to operate a motor vehicle or any other license, registration or service granted by the secretary or department may be obtained by any means other than the means prescribed by law or by furnishing or obtaining the same by illegal or improper means; or
The requesting, accepting, exacting or collecting of money for such purpose.
"Instructor" means any person who gives instruction in the driving of a motor vehicle, except a person who is employed as a full time instructor by a high school, technical college or institution of higher learning as provided in sub. (1)
"Place of business" means the location at which the driver school is conducted.
License required for driver school; fee. 343.61(1)
No person shall conduct a driver school without being licensed therefor by the department.
Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:
In the case of an individual, the individual's social security number.
In the case of a person who is not an individual, the person's federal employer identification number.
The department of transportation may not disclose any information received under par. (a) 1.
to any person except to the department of industry, labor and job development [department of workforce development] for purposes of administering s. 49.22
or the department of revenue for the sole purpose of requesting certifications under s. 73.0301
The department of industry, labor and job development was changed to the department of workforce development by 1997 Wis. Act 3
. Corrective legislation is pending.
The required fee for any driver school license, or for any annual renewal thereof, is $75 or, for licenses issued or renewed after August 31, 1998, $95.
If the application for a driver school license is approved by the department and the required fee paid, the applicant shall be granted a license and shall be issued a license certificate. The licensee shall display such certificate in the licensee's place of business.
A driver school license expires at the end of the calendar year, for which it is granted.
No driver school may be licensed unless its approved course of instruction acquaints each student with the hazards posed by farm machinery and animals on highways and provides instruction in safely dealing with such hazards.
License required for instructor; fee. 343.62(1)
No person holding a driver school license shall employ any person as an instructor unless such person is licensed by the department to act as such instructor. No person, including the person holding the driver school license, shall act as an instructor in such school unless such person is licensed by the department to act as such instructor.
Application for an instructor's license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. The application shall include the applicant's social security number.
The department of transportation may not disclose a social security number obtained under par. (a)
to any person except to the department of workforce development for the sole purpose of administering s. 49.22
or the department of revenue for the sole purpose of requesting certifications under s. 73.0301
The required fee for any instructor's license, or for any annual renewal thereof, is $25.
Examination of applicants for instructor's license.
All applicants for an original instructor's license shall be examined, and other applicants may be examined, by the department as follows:
A written and oral test shall be completed by the applicant and shall be designed to evaluate the applicant's knowledge of instruction procedures, motor vehicle and traffic laws, safety equipment requirements and functions of essential automotive equipment. The applicant must receive a score of at least 80 per cent.
The applicant must pass a road test not less than 5 miles long, which shall include driving maneuvers and parking involved in typical traffic situations. The passing score of the applicant must exceed the minimum standard set for obtaining an operator's license by the state.
Except for an applicant for an instructor's license which is restricted to classroom instruction, the applicant must pass a psychophysical test with the following grades:
Visual acuity - 20/40 in either eye and at least 20/100 in the other eye, with or without corrective glasses, as measured in the Snellen type test;
Color perception - ability to perceive and distinguish colors commonly used to regulate and control traffic;
Depth perception - 20 per cent stereopsis, using the ortho-rater depth perception test built into the road sign identification target.
Field of vision - lateral range of at least 85 per cent or more from a focus line to each eye;
Reaction time - at least 50/100 second, using portable brake reaction test, or 75/100 second when using detonator method; and
Hearing - adequate hearing with or without corrective help.
The applicant shall submit with his or her application a statement completed by a registered physician showing that in the physician's judgment the applicant is physically fit to teach driving.
Except for a license which is restricted to classroom instruction, no license shall be issued to an applicant who has suffered an amputation or loss of the full use of either upper limb or loss of the natural use of the foot normally employed to operate the foot brake and foot accelerator.
The department may issue an instructor's license which is restricted to classroom instruction to an applicant who does not otherwise qualify for a license because of a test result under sub. (3)
or because the applicant has suffered an amputation or loss of the full use of either upper limb or loss of the natural use of the foot normally employed to operate the foot brake and foot accelerator, as specified in sub. (5)
Applicants who fail to pass a satisfactory examination after 2 successive attempts shall not be reexamined until one year has elapsed since the date of the last examination.
Denial of driver school license. 343.64(1)
The secretary may deny the application of any person for a driver school license on a determination that:
Such applicant has made a material false statement or concealed a material fact in the application;
Such applicant or any officer, director, partner or other person directly interested in the business was a former holder of a license granted under s. 343.61
or was directly interested in another driver school which held a license under s. 343.61
and which license was revoked or suspended;
Subject to ss. 111.321
, the applicant or any officer, director, stockholder, partner or any person directly interested in the business has been convicted of a felony, unless the person so convicted has been duly pardoned;
The applicant has failed to furnish satisfactory evidence of fitness;
Such applicant is not the true owner of the school; or
The application is not accompanied by a copy of a standard liability insurance policy in the amount of $50,000 for personal injury to, or death of any one person and subject to said limit for any one person, $100,000 for personal injury to, or death of any number of persons involved in any one accident, and $10,000 for property damage in any one accident, suffered or caused by reason of the negligence of the applicant or any agent or employe of the applicant.
The secretary shall deny the application of any person for a driver school license if the applicant fails to provide the information required under s. 343.61 (2) (a) 1.
Denial of instructor's license. 343.65(1)
The secretary may deny the application of any person for an instructor's license on a determination that:
Such applicant has made a material false statement or concealed a material fact in connection with the application; or
The applicant has failed to furnish satisfactory evidence of the facts required of the applicant, has not held a license to drive a motor vehicle within this state for the past year, has not had a driving record satisfactory to the secretary, or, subject to ss. 111.321
, has been convicted of a felony and has not been duly pardoned.
The secretary shall deny an application for the issuance or renewal of an instructor's license if the applicant has not included his or her social security number in the application.
An OWI conviction in another state need not be under a law with the same elements as the Wisconsin statute to be counted as a prior conviction. State v. White, 177 W (2d) 121, 501 NW (2d) 463 (Ct. App. 1993).
Revocation or suspension of driver school license.
The secretary may suspend or revoke any driver school license issued under s. 343.61
or refuse to issue a renewal thereof if:
The licensee has made a material false statement or concealed a material fact in connection with the application for a license or the renewal thereof;
Subject to ss. 111.321
, the licensee or any partner, member, manager or officer of the licensee has been convicted of a felony;
The licensee or any partner, member, manager or officer of such licensee has been guilty of fraud or fraudulent practices in relation to the business conducted under the license, or guilty of inducing another person to resort to fraud or fraudulent practices in relation to securing for himself or herself or another the license to drive a motor vehicle;