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
343.25(4)
(4) When the person holding the license falls into one of the classes of persons to whom the law prohibits issuance of a license or a particular endorsement; or
343.25(5)
(5) Whenever the secretary determines that a person has secured a license or endorsement by hiring or permitting another to appear in the person's place to take an examination; or
343.25(6)
(6) Whenever the secretary determines that a license has been altered and returned for cancellation under
s. 343.43 (2); or
343.25(7)
(7) When a person who has been ordered to submit to an examination under
s. 343.16 or to appear for either group or individual counseling or examination under
s. 343.32 (2) fails or refuses to do so. Such cancellation shall continue until compliance with the order has been made or the order is rescinded.
343.26
343.26
License after cancellation. Any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and the required fee, the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in
s. 343.16.
343.26 History
History: 1977 c. 29 s.
1654 (7) (a), (c).
343.265
343.265
Voluntary surrender and reissuance after surrender. 343.265(1)(1) The department may accept the voluntary surrender of the operator's license of a person who has a mental or physical disability or disease or a medical condition which prevents or may prevent the person from exercising reasonable control over a motor vehicle if the person's operating privilege is not subject to suspension or revocation for any reason.
343.265(1m)
(1m) The department may accept the voluntary surrender of the operator's license of a person who no longer intends to exercise the privilege of operating a vehicle class or type authorized by that license, if the person's operating privilege is not subject to suspension or revocation for any reason. The department may issue a license under
sub. (2), omitting the authorizations to operate a vehicle class or type that the person has relinquished.
343.265(2)
(2) A person whose voluntary surrender of license under
sub. (1) or
(1m) has been accepted by the department may apply for a duplicate license under
s. 343.19, or, if the person's license has expired during the period of surrender, a renewal license, at any time. Upon receipt of the person's application and the applicable fee under
s. 343.21, the department shall issue or deny the license as provided in this subchapter. The department may require the person to submit to an examination under
s. 343.16 (5).
343.28
343.28
Courts to report convictions and forward licenses to the department. 343.28(1)
(1) Whenever a person is convicted of a moving traffic violation under
chs. 341 to
349 or under a local ordinance enacted under
ch. 349, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall, as provided in
s. 345.48, forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials or operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver. Whenever a person is convicted of exceeding a posted speed limit, the record of conviction forwarded to the department shall include the number of miles per hour in excess of the posted speed limit.
343.28(2)
(2) Whenever a person is convicted of any offense for which
s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred shall require the surrender to it of any license then held by such person. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in
s. 345.48, forward to the department the record of conviction and any surrendered licenses. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials or operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.
343.28(3)
(3) If a person is convicted of committing a violation as defined by
s. 343.30 (6) (a), the clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in
s. 345.48, forward to the department the record of conviction and any surrendered licenses.
343.28(4)
(4) Any person who fails to comply with any provision of this section relative to forwarding records of convictions to the department may be fined not more than $100 or imprisoned not more than 6 months or both.
343.30
343.30
Suspension and revocation by the courts. 343.30(1)(1) A court may suspend or revoke a person's operating privilege for any period not exceeding one year upon such person's conviction in such court of violating any of the state traffic laws or any local ordinance enacted under
ch. 349. In exercising the authority to suspend or revoke an operating privilege, the court may suspend such privilege only when the operator's operating privilege has not been suspended or revoked previously, except under
s. 344.14 (1), or when the operator's present demerit point accumulation is not more than 25% above the demerit point accumulation set for suspension or revocation. In all other cases under this section, the court shall revoke the operating privilege of such operator.
343.30(1g)
(1g) A court may revoke a person's operating privilege upon the person's conviction for violating
s. 343.44 (1) or a local ordinance in conformity therewith by operating a motor vehicle while operating privileges are suspended or revoked. A court shall revoke a person's operating privilege upon the person's conviction for violating
s. 343.44 (1) or a local ordinance in conformity therewith by operating a motor vehicle while operating privileges are suspended or revoked if the suspension or revocation was for improperly refusing to take a test under
s. 343.305, violating
s. 346.63 (1) or
(5) or a local ordinance in conformity therewith, or violating
s. 346.63 (2) or
(6),
940.09 (1) or
940.25. The revocation shall be for any period not exceeding 6 months.
343.30(1n)
(1n) A court shall suspend the operating privilege of a person for a period of 15 days upon the person's conviction by the court of exceeding the applicable speed limit as established by
s. 346.57 (4) (gm) or
(h), by 25 or more miles per hour. If the conviction makes the person subject to revocation under
s. 343.32 or suspension or revocation under
s. 343.085, the court shall immediately suspend the license, taking possession of the license and shall forward it to the department which shall proceed to act as authorized under
s. 343.32 or
343.085, but any revocation or suspension by the secretary shall date from the day the court took possession of the license.
343.30(1p)
(1p) Notwithstanding
sub. (1), a court shall suspend the operating privilege of a person for 3 months upon the person's conviction by the court for violation of
s. 346.63 (2m) or a local ordinance in conformity with
s. 346.63 (2m). If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under
s. 346.63 (2m) or a local ordinance in conformity with
s. 346.63 (2m), the court shall suspend the operating privilege of the person for 6 months.
343.30(1q)(a)(a) If a person is convicted under
s. 346.63 (1) or a local ordinance in conformity therewith, the court shall proceed under this subsection. If a person is convicted under
s. 346.63 (2) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, the court shall proceed under
pars. (c) and
(d). If a person is referred by the department acting under
s. 343.16 (5) (a), the department shall proceed under
pars. (c) and
(d) without the order of the court.
343.30(1q)(b)1.
1. The court shall suspend or revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under
s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under
s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.
