LRB-4846/1
EVM:cdc
2021 - 2022 LEGISLATURE
October 25, 2021 - Introduced by Representatives Spiros, Moses, Mursau, Subeck
and Wichgers, cosponsored by Senators Petrowski, Carpenter, Cowles and
Ballweg. Referred to Committee on Transportation.
AB655,1,7 1An Act to renumber and amend 343.06 (3), 343.07 (1m) (intro.), 343.07 (1m)
2(a), 343.07 (1m) (am) 2. and 343.16 (1) (a); to consolidate, renumber and
3amend
343.07 (1m) (am) 1. (intro.), a., b. and c.; to amend 343.12 (2) (h), 343.72
4(5m) and 343.72 (6); and to create 343.06 (3) (d), 343.07 (1m) (ag) 1., 343.07
5(1m) (ag) 2., 343.07 (1m) (ag) 3., 343.07 (1m) (ag) 4. and 343.16 (1) (a) 4. c. of the
6statutes; relating to: entry-level training requirements for applicants for
7commercial driver licenses and certain endorsements.
Analysis by the Legislative Reference Bureau
A recently promulgated federal regulation requires certain applicants for
commercial driver's licenses (CDLs) to successfully complete entry-level driver
training, as specified in the federal regulations, before being licensed. Specifically,
those who apply for a CDL for the first time, who upgrade their CDL, or who seek to
to obtain a passenger, school bus, or hazardous materials endorsement for the first
time must complete the training. This bill integrates these entry-level driver
training requirements into the statutes governing the Department of
Transportation's issuance of CDLs.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB655,1 1Section 1. 343.06 (3) of the statutes is renumbered 343.06 (3) (intro.) and
2amended to read:
AB655,2,53 343.06 (3) (intro.) The department shall may not issue a commercial driver
4license valid for use in interstate commerce to any person who is less to whom any
5of the following apply:
AB655,2,6 6(a) The person is less than 21 years of age or who.
AB655,2,8 7(b) The person does not meet the physical qualifications for drivers contained
8in 49 CFR 391 or rules.
AB655,2,10 9(c) The person does not satisfy the rules of the department concerning
10qualifications of drivers in interstate commerce.
AB655,2 11Section 2. 343.06 (3) (d) of the statutes is created to read:
AB655,2,1312 343.06 (3) (d) The person has not satisfied the entry-level training
13requirements contained in 49 CFR 380, subparts F and G.
AB655,3 14Section 3. 343.07 (1m) (intro.) of the statutes is renumbered 343.07 (1m) (ag)
15(intro.) and amended to read:
AB655,3,216 343.07 (1m) (ag) (intro.) Upon application therefor by a person at least 18 years
17of age who holds a valid operator's license issued under this chapter and who, except
18for lack of training in the operation of a commercial motor vehicle or school bus, is
19qualified to obtain authorization for the operation of such vehicle including having
20passed the applicable knowledge tests
, the department may issue an instruction

1permit for commercial motor vehicle or school bus operation . A to a person who
2satisfies all of the following:
AB655,3,7 3(bm) A permit under this subsection that is limited to commercial motor vehicle
4instructional operation entitles the permittee to operate only a commercial motor
5vehicle upon the highways. A permit under this subsection that is limited to school
6bus instructional operation entitles the permittee to operate only a school bus upon
7the highways. Both permits are
AB655,3,9 8(cm) (intro.) A permit under this subsection is subject to the following
9restrictions:
AB655,4 10Section 4. 343.07 (1m) (a) of the statutes is renumbered 343.07 (1m) (cm) 1.
11and amended to read:
AB655,3,1912 343.07 (1m) (cm) 1. Except as provided in par. (am) subd. 2., the permittee may
13not operate a commercial motor vehicle or school bus unless accompanied by a
14qualified instructor or a licensed person 21 years of age or older with a valid license
15authorizing the person to operate such vehicle, occupying the seating position
16nearest to the driver. No passengers are allowed in the vehicle, except that when the
17accompanying operator is a qualified instructor up to 3 other permittees also being
18trained may occupy seats in the vehicle. The permittee may operate a commercial
19motor vehicle carrying property under this paragraph subdivision.
AB655,5 20Section 5. 343.07 (1m) (ag) 1. of the statutes is created to read:
AB655,3,2121 343.07 (1m) (ag) 1. The person is at least 18 years of age.
AB655,6 22Section 6. 343.07 (1m) (ag) 2. of the statutes is created to read:
AB655,3,2423 343.07 (1m) (ag) 2. The person holds a valid operator's license issued under this
24chapter.
AB655,7 25Section 7. 343.07 (1m) (ag) 3. of the statutes is created to read:
AB655,4,3
1343.07 (1m) (ag) 3. Except for lack of training in the operation of a commercial
2motor vehicle or school bus, the person is qualified to obtain authorization for the
3operation of a commercial motor vehicle or school bus.
AB655,8 4Section 8. 343.07 (1m) (ag) 4. of the statutes is created to read:
AB655,4,85 343.07 (1m) (ag) 4. The person has passed the applicable knowledge test and,
6for an applicant for a permit authorizing operation of a commercial motor vehicle
7under s. 343.04 (2) (a), has satisfied the entry-level training requirements contained
8in 49 CFR 380, subparts F and G.
AB655,9 9Section 9. 343.07 (1m) (am) 1. (intro.), a., b. and c. of the statutes are
10consolidated, renumbered 343.07 (1m) (cm) 2. a. and amended to read:
AB655,4,2311 343.07 (1m) (cm) 2. a. A permittee may operate a commercial motor vehicle or
12school bus, other than a vehicle type specified in s. 343.04 (2) (a), (c) or (f), within this
13state unaccompanied by a qualified instructor or a licensed person 25 years of age
14or older with at least 2 years of licensed driving experience in a representative
15vehicle and a valid license authorizing the person to operate such vehicle if the
16permittee has taken and passed the applicable knowledge tests and all of the
17following requirements are met: a. The
, the permittee is operating the vehicle in
18connection with a driver training course or program approved by the department. b.
19The
, the vehicle is being used by the permittee exclusively for driver training
20purposes and not for the purposes of carrying property or passengers . c. Direct, and
21direct
, uninterrupted audio or audiovisual electronic communication between a
22qualified instructor and the permittee is maintained at all times the permittee is
23operating the vehicle.
AB655,10 24Section 10. 343.07 (1m) (am) 2. of the statutes is renumbered 343.07 (1m) (cm)
252. b. and amended to read:
AB655,5,2
1343.07 (1m) (cm) 2. b. This paragraph subdivision shall apply to the extent
2permitted under federal law.
AB655,11 3Section 11. 343.12 (2) (h) of the statutes is amended to read:
AB655,5,94 343.12 (2) (h) Prior to the initial issuance or renewal of the endorsement, takes
5and passes a special examination prescribed by the department and administered
6by the department or by a an authorized 3rd-party tester under s. 343.16 (1) (b) to
7determine his or her ability to safely operate a school bus. This special examination
8may include the examination required under sub. (3). The department may renew
9the endorsement without retesting the licensee, except under sub. (3).
AB655,12 10Section 12. 343.16 (1) (a) of the statutes is renumbered 343.16 (1) (a) 1. and
11amended to read:
AB655,5,1712 343.16 (1) (a) 1. Except when examination by a an authorized 3rd-party tester
13is permitted under pars. (b) to (c), the department shall examine every applicant for
14an operator's license, including applicants for license renewal as provided in sub. (3),
15and every applicant for authorization to operate a vehicle class or type for which the
16applicant does not hold currently valid authorization, other than an instruction
17permit.
AB655,5,22 182. a. Except as provided in sub. (2) (cm) and (e), the examinations of applicants
19for licenses authorizing operation of “Class A", “Class B", “ Class C", “Class D" or
20“Class M" vehicles shall include both a knowledge test and an actual demonstration
21in the form of a driving skills test of the applicant's ability to exercise ordinary and
22reasonable control in the operation of a representative vehicle.
AB655,6,10 233. The department shall not administer a driving skills test to a person
24applying for authorization to operate “Class M" vehicles who has failed 2 previous
25such skills tests unless the person has successfully completed a rider course

1approved by the department. The department may, by rule, exempt certain persons
2from the rider course requirement of this paragraph. The department may not
3require a person who is applying for authorization to operate “Class M" vehicles and
4who has successfully completed a rider course approved by the Wisconsin
5department of transportation motorcycle safety program to hold an instruction
6permit under s. 343.07 (4) prior to the department's issuance of a license authorizing
7the operation of “Class M" vehicles. The department may not require a person
8applying for authorization to operate “Class M" vehicles who holds an instruction
9permit under s. 343.07 (4) to hold it for a minimum period of time before
10administering a driving skills test.
AB655,6,15 114. a. The driving skills of applicants for endorsements authorizing the
12operation of commercial motor vehicles equipped with air brakes, the transportation
13of passengers in commercial motor vehicles or the operation of school buses, as
14provided in s. 343.04 (2) (b), (bm), (d) or (e), shall also be tested by an actual
15demonstration of driving skills.
AB655,6,20 164. b. The department may endorse an applicant's commercial driver license for
17transporting hazardous materials requiring placarding or any quantity of a material
18listed as a select agent or toxin under 42 CFR 73, subject to s. 343.125, or for the
19operation of tank vehicles or vehicles towing double or triple trailers, as described
20in s. 343.04 (2) (a), (c), or (f), based on successful completion of a knowledge test.
AB655,6,22 212. b. In administering the knowledge test, the department shall attempt to
22accommodate any special needs of the applicant.
AB655,7,2 232. c. Except as may be required by the department for an “H" or “S"
24endorsement, the knowledge test is not intended to be a test for literacy or English

1language proficiency. This paragraph subdivision does not prohibit the department
2from requiring an applicant to correctly read and understand highway signs.
AB655,13 3Section 13. 343.16 (1) (a) 4. c. of the statutes is created to read:
AB655,7,94 343.16 (1) (a) 4. c. The department or an authorized 3rd-party tester may not
5administer a driving skills test to any applicant for an initial commercial driver
6license, a commercial driver license upgrade, or an initial issuance of an “H"
7endorsement specified in s. 343.17 (3) (d) 1m., “P” endorsement specified in s. 343.17
8(3) (d) 3., or “S” endorsement specified in s. 343.17 (3) (d) 4. who has not satisfied the
9entry-level training requirements contained in 49 CFR 380, subparts F and G.
AB655,14 10Section 14. 343.72 (5m) of the statutes is amended to read:
AB655,7,1511 343.72 (5m) No driver school may represent that completion of a course of
12instruction will guarantee that the student will pass the driving skills test
13administered by the department or by a an authorized 3rd-party tester under s.
14343.16 (1) (bm). A driver school may only represent by means of a certificate of
15completion that the student has satisfactorily completed the required course.
AB655,15 16Section 15. 343.72 (6) of the statutes is amended to read:
AB655,7,2217 343.72 (6) All licensees must ascertain from the department the routes in the
18licensee's locale on which road tests are given by state license examiners and by
19authorized examiners of authorized 3rd-party testers under s. 343.16 (1) (bm). No
20licensee may instruct on these routes, except that driver schools may operate on
21these routes if comparable training location opportunities are not otherwise
22available in the locale.
AB655,16 23Section 16 . Nonstatutory provisions.
AB655,8,324 (1) The department of transportation shall notify the legislative reference
25bureau when the federal motor carrier safety administration regulations relating to

1entry-level commercial motor vehicle driver training requirements take effect. The
2legislative reference bureau shall publish a notice in the Wisconsin Administrative
3Register that specifies that date.
AB655,17 4Section 17. Effective date.
AB655,8,65 (1) This act takes effect on the date specified in the notice published in the
6Wisconsin Administrative Register under Section 16 (1 ) of this act.
AB655,8,77 (End)
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