Effective date note
NOTE: Sub. (2) is shown as affected eff. 5-1-97 by
1995 Wis. Act 184 and as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). Prior to 5-1-97 it reads:
Effective date text
(2) The department shall maintain a file for each licensee or other person containing the application for license, permit or endorsement, a record of reports or abstract of convictions, the status of the person's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am) and a record of any reportable accident in which the person has been involved, including specification of any type of license and endorsements issued under this chapter under which the person was operating at the time of the accident and an indication whether or not the accident occurred in the course of the person's employment as a law enforcement officer, fire fighter or emergency medical technician—paramedic or as a person engaged, by an authority in charge of the maintenance of the highway, in highway winter maintenance snow and ice removal during either a storm or cleanup following a storm. This information must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) and of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension or revocation granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation. For purposes of this subsection, "highway winter maintenance snow and ice removal" includes plowing, sanding, salting and the operation of vehicles in the delivery of those services.
343.23(3)(a)(a) The department shall maintain a file, for each person convicted of a violation as defined by
s. 343.30 (6) (a), containing a record of reports of convictions of violations as defined by
s. 343.30 (6) (a) and suspensions and revocations under
s. 343.30 (6). The department may purge the record of any such conviction 24 months after it is reported.
343.23(3)(b)
(b) The department record of a person's conviction for exceeding a posted speed limit shall include the number of miles per hour in excess of the posted speed limit, as reported to the department.
343.23(4)
(4) The department shall purge all of the following from the file of a person:
343.23(4)(a)
(a) Any record of an administrative suspension upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent of the charge arising out of that incident or occurrence.
343.23(4)(b)
(b) Any record of issuance of an out-of-service order under
s. 343.305 (7) (b) or
(9) (am) upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent of the charge of violating
s. 346.63 (7) arising out of that incident or occurrence. In the case of a nonresident, the department shall also inform the state of licensure of the dismissal or finding of innocence.
343.23(5)
(5) The department shall maintain the files specified in this section in a form that is appropriate to the form of the records constituting those files.
343.235
343.235
Access to license and identification card records. 343.235(1)(a)
(a) "Agent" means an authorized person who acts on behalf of or at the direction of another person.
343.235(1)(c)
(c) "Personal identifier" means a name, street address, post-office box number or 9-digit extended zip code.
343.235(2)
(2) In providing copies under
s. 19.35 (1) (a) of any written information collected or prepared under this chapter which consists in whole or in part of the personal identifiers of 10 or more persons, the department may not disclose a personal identifier of any person who has made a designation under
s. 343.14 (2m) or
343.51 (1m) that his or her personal identifiers may not be disclosed as provided in this section.
343.235(3)
(3) Subsection (2) does not apply to any of the following:
343.235(3)(a)
(a) A law enforcement agency, a state authority or a federal governmental agency to perform a legally authorized function.
343.235(3)(b)
(b) An insurer authorized to write property and casualty insurance in this state or an agent of the insurer, if the insurer or agent uses the personal identifiers for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim.
343.235(4)(a)(a) The department shall establish by rule a reasonable period for the processing of a designation under
s. 343.14 (2m) or
343.51 (1m) and for complying with a designation under
sub. (2).
343.235(4)(b)
(b) If an unanticipated number of designations results in the department not being able to process with a reasonable effort the designations within the period established by the department by rule under
par. (a), the department may determine that the preservation of public welfare necessitates the temporary extension of the period and establish the temporary extension by rule, using the procedure under
s. 227.24.
343.235(5)
(5) Any person who has received under
sub. (3) a personal identifier of any person who has made a designation under
s. 343.14 (2m) or
343.51 (1m) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under
sub. (3).
343.235(6)(a)(a) Any person who wilfully discloses a personal identifier in violation of this section may be required to forfeit not more than $500 for each violation.
343.235(6)(b)
(b) Any person who wilfully requests or obtains a personal identifier from the department under this section under false pretenses may be required to forfeit not more than $500 for each violation.
343.235 History
History: 1991 a. 269.
343.24
343.24
Department to furnish operating record. 343.24(1)(1) The department shall upon request furnish any person an abstract of the operating record of any person. The abstract shall be certified if certification is requested. Such abstract is not admissible in evidence in any action for damages or criminal proceeding arising out of a motor vehicle accident.
343.24(2)
(2) The department shall charge the following fees for conducting searches of vehicle operators' records:
343.24(2)(c)
(c) For each search requested by telephone, $4, or an established monthly service rate determined by the department.
343.24(2m)
(2m) If the department, in maintaining a computerized operating record system, makes copies of its operating record file data base, or a portion thereof, on computer tape or other electronic media, copies of the tape or media may be furnished to any person on request. The department may also furnish to any person upon request records on computer tape or other electronic media that contain information from files of uniform traffic citations or motor vehicle accidents and which were produced for or developed by the department for purposes related to maintenance of the operating record file data base. The department shall charge a fee of $3 for each file of vehicle operators' records contained in the tape or media. The department shall charge a fee of not more than $3 for each file of uniform traffic citations or motor vehicle accidents contained in the tape or media. Nothing in this subsection requires the department to produce records of particular files or data in a particular format except as those records or data are made by the department for its purposes.
343.24(3)
(3) The department shall not disclose information concerning or related to a violation as defined by
s. 343.30 (6) to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the minor who committed the violation or his or her parent or guardian.
343.24(4)(a)1.
1. "Agent" means an authorized person who acts on behalf of or at the direction of another person.
343.24(4)(a)3.
3. "Personal identifier" means a name, street address, post-office box number or 9-digit extended zip code.
343.24(4)(b)
(b) In furnishing 10 or more operating records to a person under
sub. (1) or
(2m), the department may not disclose a personal identifier of any person who has made a designation under
s. 343.14 (2m) that his or her personal identifiers may not be released as provided in this subsection.
343.24(4)(c)1.
1. A law enforcement agency, a state authority or a federal governmental agency to perform a legally authorized function.
343.24(4)(c)2.
2. An insurer authorized to write property and casualty insurance in this state or an agent of the insurer, if the insurer or agent uses the names or addresses for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim.
343.24(4)(d)1.1. The department shall establish by rule a reasonable period for the processing of a designation under
s. 343.14 (2m) and for complying with a designation under
par. (b).
343.24(4)(d)2.
2. If an unanticipated number of designations results in the department not being able to process with a reasonable effort the designations within the period established by the department by rule under
subd. 1., the department may determine that the preservation of public welfare necessitates the temporary extension of the period and establish the temporary extension by rule, using the procedure under
s. 227.24.
343.24(4)(e)
(e) Any person who has received under
par. (c) a personal identifier of any person who has made a designation under
s. 343.14 (2m) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under
par. (c).
343.24(4)(f)1.1. Any person who wilfully discloses a personal identifier in violation of this subsection may be required to forfeit not more than $500 for each violation.
343.24(4)(f)2.
2. Any person who wilfully requests or obtains a personal identifier from the department under this subsection under false pretenses may be required to forfeit not more than $500 for each violation.
343.245
343.245
Duties of commercial motor vehicle drivers; employer responsibilities; penalties. 343.245(1)(a)
(a) "Employe" means any operator of a commercial motor vehicle who is either directly employed by or under lease to an employer, including a full-time, regularly employed driver, a volunteer driver, a casual, intermittent or occasional driver, a leased driver, and an independent, owner-operator contractor while in the course of operating a commercial motor vehicle.
343.245(1)(b)
(b) "Employer" means any person, including the state or a political subdivision thereof, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
343.245(2)(a)1.1. To state. A person, after applying for or receiving a commercial driver license issued by this state, who is convicted of violating in a motor vehicle any law of this state or local ordinance adopted in conformity therewith or a law enacted by a federally recognized American Indian tribe or band in this state which is in conformity with any law of this state, or the law of another jurisdiction, relating to motor vehicle traffic control, other than parking violations, shall notify the department of the conviction in the manner specified by the department within 30 days after the date of conviction.
343.245(2)(a)2.
2. To employers. An employe, after applying for or receiving a commercial driver license issued by this state, who is convicted of violating in a motor vehicle any law of this state or local ordinance adopted in conformity therewith or a law enacted by a federally recognized American Indian tribe or band in this state which is in conformity with any law of this state, or the law of another jurisdiction, relating to motor vehicle traffic control, other than parking violations, shall notify his or her current employer in writing of the conviction within 30 days after the date of conviction.
343.245(2)(b)
(b)
Notification of suspensions, revocations and cancellations. An employe whose commercial driver license is suspended, revoked or canceled by a state, or who loses the privilege to operate a commercial motor vehicle in any state for any period, including being disqualified from operating a commercial motor vehicle or subject to an out-of-service order, shall notify his or her current employer of that fact before the end of the first business day after the day on which the employe receives notice of the suspension, revocation, cancellation, disqualification or out-of-service order.
343.245(2)(c)
(c)
Notification of previous employment. An applicant for employment as a commercial motor vehicle driver shall provide, at the time of application, information on his or her employment history as a commercial motor vehicle driver as requested by the prospective employer, certified as true and complete by the applicant, including all of the following information for the 10 years preceding the date of application:
343.245(2)(c)1.
1. The names and addresses of any previous employers for which the applicant was a commercial motor vehicle driver.
343.245(3)(a)(a) Every employer shall request each applicant for employment as a commercial motor vehicle driver to provide the information specified in
sub. (2) (c), and no employer may employ as a commercial motor vehicle driver an applicant who refuses or otherwise fails to provide true and complete information.
343.245(3)(b)
(b) No employer may knowingly allow, permit or authorize an employe to operate a commercial motor vehicle during any period when the employe:
343.245(3)(b)1.
1. Has had his or her commercial driver license suspended, revoked or canceled by any state;
343.245(3)(b)4.
4. Has more than one operator's license, except during the 10-day period beginning on the date on which the employe is issued an operator's license; or
343.245(3)(b)5.
5. Does not possess a valid commercial driver license properly endorsed to permit operation of the vehicle.
343.245(3m)(a)(a) The department shall establish by rule an employer notification program to permit an employer to register the name of an employe and be notified by the department whenever a conviction or suspension, revocation, cancellation, disqualification or out-of-service order is recorded on the operating record of the employe. An employer may withdraw an employe's name from the program at any time.
343.245(3m)(b)
(b) The department shall establish and collect reasonable fees from employers in the program sufficient to defray the costs of instituting and maintaining the program, including the registration and withdrawal of employes. The fee for each notification by the department to an employer under
par. (a) shall be $3.
343.245(4)(a)(a) Except as provided in
par. (b), any person who violates
sub. (2) or
(3) shall forfeit not more than $2,500.
343.245(4)(b)
(b) Any person who violates
sub. (3) (b) shall be fined not less than $2,500 nor more than $10,000 or imprisoned for not more than 90 days or both.
CANCELLATION, REVOCATION AND
SUSPENSION OF LICENSES
343.25
343.25
Cancellation of licenses. The secretary shall cancel a license:
343.25(1)
(1) Whenever the secretary determines that the license or endorsement was issued upon an application which contains a false statement as to any material matter; or
343.25(2)
(2) Within 10 days after receiving a written request from a person who signed the application of a person under 18 years of age, or a notice of cancellation or termination of insurance, as provided in
s. 343.15; or
343.25(3)
(3) When the license is held by a person under 18 years of age and the secretary receives satisfactory evidence of the death of the adult who signed the application for the license; or
