AB402-ASA1,53,223
341.297
(2) (b) There are established 24 registration periods, each to be
24designated by a calendar month and to start on the first day of such month and end
25on the last day of the 24th month from the date of commencing. The department shall
1so administer the monthly series system of registration as to distribute the work of
2registering farm trucks as uniformly as practicable throughout the calendar year.
AB402-ASA1,53,10
4341.43 Audits. The department may conduct such audits as it deems
5necessary to determine the adequacy of fees paid under the international
6registration plan or other proportional registration law or agreement and taxes
and
7fees paid under s. 341.45. Audits shall be conducted during normal business hours.
8Credits shall be given for overpayments and deficiencies shall be assessed, with
9interest. Actual and necessary expenses incurred by an auditor, plus wages, may be
10assessed against the person audited.
AB402-ASA1,53,13
12341.45 (title)
Importation in vehicle tanks regulated; taxes; fees;
13permits.
AB402-ASA1,54,215
341.45
(1g) (a)
Every Except as provided in subs. (3) and (4g), every person who
16purchases or obtains motor vehicle fuel or an alternate fuel outside of this state and
17operates any qualified motor vehicle into this state upon a highway and transports
18that fuel in an attached or unattached fuel supply tank for the sole purpose of
19operating the qualified motor vehicle shall pay the Wisconsin motor vehicle fuel or
20alternate fuels tax
and the oil inspection fee under s. 168.12 on the gallons consumed
21by the qualified motor vehicle while operated on the highways of this state. The
22person shall pay the tax
and fee by purchasing motor vehicle fuel or alternate fuels
23within this state in an amount that is equivalent to the gallonage consumed while
24operating the qualified motor vehicle on the highways of this state, or by remitting
1the tax
and fee directly to the department or to another jurisdiction that is a party
2to the international fuel tax agreement.
AB402-ASA1,54,64
341.45
(1g) (b) The department may require any person required to pay under
5par. (a) to report on forms prescribed by it, to display evidence of compliance with par.
6(a) and to pay taxes
and fees in the manner specified by the department.
AB402-ASA1,54,9
7(c) The department shall require any person convicted of evading the tax
or fee 8due under par. (a) to report on forms and in the manner prescribed by the
9department.
AB402-ASA1,54,1711
341.45
(2) Every person regularly or habitually operating qualified motor
12vehicles upon the highways of any other state and using in those qualified motor
13vehicles motor vehicle fuel or an alternate fuel purchased or obtained in this state
14shall be allowed a credit or refund equal to the
oil inspection fee and the tax on the
15motor vehicle fuel or alternate fuel actually paid to the state in which it is used, but
16not to exceed the tax
and fee imposed on motor vehicle fuel or alternate fuels by this
17state.
AB402-ASA1,54,2519
341.45
(3) The department may enter into reciprocal agreements with the
20appropriate officials of any other state under which it may waive all or any part of
21the requirements imposed by this section upon those who use motor vehicle fuel or
22alternate fuels upon which the tax
has and fee have been paid to another state if the
23officials of the other state grant equivalent privileges with respect to motor vehicle
24fuel or alternate fuels used in that state but upon which the tax
has and fee have been
25paid to Wisconsin.
AB402-ASA1,55,72
341.45
(4g) The department may issue trip permits for 72-hour periods to
3persons who would otherwise be required to pay the Wisconsin motor vehicle fuel or
4alternate fuels tax and the petroleum product inspection fee under sub. (1g). The
5department shall charge a fee of not less than $15 for each permit issued under this
6subsection. A person who has obtained a permit under this subsection is exempt
7from the purchasing requirement of sub. (1g) (a).
AB402-ASA1,55,149
341.45
(4m) All oil inspection fees paid to the department of transportation
10under sub. (1g) (a) in excess of oil inspection fee credits or refunds under sub. (2) shall
11be deposited in the petroleum inspection fund. All oil inspection fees credited or
12refunded by the department of transportation under sub. (2) in excess of oil
13inspection fees paid to the department of transportation under sub. (1g) (a) shall be
14paid from the petroleum inspection fund.
AB402-ASA1,55,2116
341.45
(5) The department shall promulgate rules under ch. 227 necessary to
17administer this section.
The rules shall include provisions relating to the issuance
18and use of the permits authorized under sub. (4g). The rules may include provisions
19relating to the payment of interest on late payments of motor vehicle fuel and
20alternate fuels taxes and
oil inspection fees, and fees for the late payment or
21underpayment of motor vehicle fuel and alternate fuels taxes
and oil inspection fees.
AB402-ASA1,56,223
343.01
(2) (cb) "Motorized construction equipment" means motor-driven
24construction equipment designed principally for off-road use, including a
1motorscraper, backhoe, motorgrader, compacter, excavator, tractor, trencher and
2bulldozer.
AB402-ASA1,56,54
343.01
(2) (d) "Photograph" means an unretouched image recorded by a camera
5and reproduced on a photosensitive surface and includes a digitized image.
AB402-ASA1,56,117
343.02
(1) The department shall administer and enforce this chapter and may
8promulgate for that purpose such rules as the secretary considers necessary. Rules
9promulgated under this chapter may not conflict with and shall be at least as
10stringent as standards set by the federal commercial motor vehicle safety act,
49
11USC 2701 to
2716 31301 to 31317 and the regulations adopted under that act.
AB402-ASA1, s. 159
12Section
159. 343.03 (1) (title) of the statutes is repealed and recreated to read:
AB402-ASA1,56,1313
343.03
(1) (title)
Compliance with federal standards.
AB402-ASA1,56,1715
343.03
(1) (a) The department shall institute a classified driver license system
16meeting all federal standards under
49 USC 2701 to
2716 31301 to 31317 and
49 CFR
17383.
AB402-ASA1,56,2119
343.03
(1) (b) The department shall
begin issuance of issue operator's licenses
20in conformity with the classified driver license system to each licensee upon renewal,
21reinstatement or initial application
by April 1, 1991.
AB402-ASA1,57,524
343.03
(5) Inquiries before issuance. Before issuing a license under this
25chapter, the department shall obtain driver record information from the national
1driver registry and commercial driver license information system to determine
2whether the applicant holds a commercial driver license, or a license that is revoked,
3suspended or canceled, or is otherwise disqualified. If the applicant is currently
4licensed in another state, the department shall obtain information on the applicant's
5license status with the state of licensure before issuing a license.
AB402-ASA1,57,158
343.05
(2) (a) 2. A nonresident who has in his or her immediate possession a
9valid commercial driver license issued to the person in
his or her home another 10jurisdiction
or Mexico bearing all endorsements required for the specific class and
11type of vehicle being operated. A license is not valid under this subdivision if the
12license is restricted to operation inside the person's home jurisdiction, or if the person
13is otherwise violating restrictions or exceeding operating authorization stated on the
14person's license. If the nonresident is operating a commercial motor vehicle in
15interstate commerce, he or she must be at least 21 years of age.
AB402-ASA1,57,2317
343.05
(2) (c) A tow truck operator holding a valid commercial driver license
18who is engaged in the removal of a disabled or wrecked vehicle from the highway or
19eliminating a hazard is not required to hold an endorsement to his or her commercial
20driver license regardless of the type of vehicle being towed. This exception to the
21requirement for an endorsement does not apply to any subsequent towing of the
22vehicle, including moving the vehicle from one repair facility to another, unless
the 23one of the following applies:
AB402-ASA1,57,25
241. The tow truck operator
holds a commercial driver license and is accompanied
25by a driver who holds the required endorsements.
AB402-ASA1,58,32
343.05
(2) (c) 2. The vehicle is a vehicle that requires a "P" endorsement for its
3operation.
AB402-ASA1, s. 168
4Section
168. 343.05 (4) (a) 3. of the statutes is renumbered 343.05 (2) (a) 5. and
5amended to read:
AB402-ASA1,58,126
343.05
(2) (a) 5. A person
temporarily operating motorized construction
7equipment
designed principally for off-road use, including a motorscraper, backhoe,
8motorgrader, compacter, excavator, tractor, trencher and bulldozer
upon a highway
9in this state who possesses a valid operator's license issued to the person by the
10department which is not revoked, suspended, canceled, disqualified or expired. This
11subdivision does not apply to a truck or a construction vehicle designed or equipped
12for use on a highway or to any vehicle exceeding a speed of 35 miles per hour.
AB402-ASA1,58,1814
343.055
(5) Rules. As soon as possible after the federal commercial motor
15vehicle safety act,
49 USC 2701 to
2716 31301 to 31317, or the regulations adopted
16under that act permit any commercial driver license waiver, the department shall
17promulgate rules governing eligibility for the waiver. This subsection applies to
18waivers not permitted by federal law on May 12, 1992.
AB402-ASA1,59,1820
343.06
(1) (c) To any person under age 18 unless the person is enrolled in a
21school program or high school equivalency program and is not a habitual truant as
22defined in s. 118.16 (1) (a), has graduated from high school or been granted a
23declaration of high school graduation equivalency or is enrolled in a home-based
24private educational program, as defined in s. 115.001 (3g), and has satisfactorily
25completed a course in driver education in public schools approved by the department
1of public instruction, or in technical colleges approved by the technical college system
2board, or in nonpublic and private schools which meet the minimum standards set
3by the department of public instruction, or has satisfactorily completed a
4substantially equivalent course in driver training approved by the department and
5given by a school licensed by the department under s. 343.61, or has satisfactorily
6completed a substantially equivalent course in driver education or training approved
7by another state and has attained the age of 16, except as provided in s. 343.07 (1).
8The department shall not issue a license to any person under the age of 18
9authorizing the operation of "Class M" vehicles unless the person has successfully
10completed a basic rider course approved by the department. The department may,
11by rule, exempt certain persons from the basic rider course requirement of this
12paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the
13driver education, basic rider or driver training course requirement. The secretary
14shall prescribe rules for licensing of schools and instructors to qualify under this
15paragraph. The driver education course shall be made available to every eligible
16student in the state. Except as provided under s. 343.16 (1) (c)
and (2) (cm) to (e), no
17operator's license may be issued unless a driver's examination has been
18administered by the department.
AB402-ASA1,60,420
343.06
(2) After March 31, 1992, the
The department shall not issue a
21commercial driver license, including a renewal, occupational or reinstated license,
22to any person during any period of disqualification under s. 343.315 or
49 CFR 383.51 23or the law of another jurisdiction in substantial conformity therewith, as the result
24of one or more disqualifying offenses committed on or after July 1, 1987.
Beginning
25on April 1, 1992, the department shall cancel any commercial driver license Any
1person who is known to the department to
have been issued to a person who is
2disqualified be subject to disqualification under s. 343.315 (1) (a) shall be disqualified
3by the department, unless the
required period of disqualification
specified in s.
4343.315 for the disqualifying offense has already expired.
AB402-ASA1,60,7
6343.065 (title)
Intrastate restricted Restricted commercial driver
7license.
AB402-ASA1,60,159
343.065
(1) If an applicant for a commercial driver license is less than 21 years
10of age or does not meet the physical qualifications for drivers contained in
49 CFR
11391 or an alternative federally approved driver qualification program established by
12the department by rule but is at least 18 years of age and otherwise qualified under
13this chapter and the rules of the department, the department may issue the
14applicant a commercial driver license restricted to authorizing the operation of
15commercial motor vehicles
only within this state and not in interstate commerce.
AB402-ASA1,60,1917
343.065
(2) A commercial driver license issued under this section shall clearly
18identify that the license does not authorize the operation of commercial motor
19vehicles
outside this state or in interstate commerce.
AB402-ASA1,60,2521
343.10
(2) (a) 1. Except for a revocation or suspension that arose out of the same
22incident or occurrence for which the person's license or operating privilege is
23currently revoked or suspended, the person's license or operating privilege was not
24revoked or suspended previously under this chapter
or ch. 344 or s. 161.50 within the
25one-year period immediately preceding the present revocation or suspension.
AB402-ASA1,61,92
343.10
(10) (a) If the petitioner's commercial driver license has been suspended
3or revoked
solely for a violation of s. 346.63 (1)
or a local ordinance in conformity
4therewith or a law of a federally recognized American Indian tribe or band in this
5state in conformity with s. 346.63 (1) and the person was not operating a commercial
6motor vehicle at the time of the violation, a petition seeking issuance of an
7occupational license authorizing operation of "Class A", "Class B" or "Class C"
8vehicles may be filed directly with the department. The petition may also seek
9authorization to operate "Class D" or "Class M" vehicles.
AB402-ASA1,61,1611
343.12
(2) (h) Prior to the initial issuance
or renewal of the endorsement, takes
12and passes a special examination prescribed by the department and administered
13by the department or by a 3rd-party tester under s. 343.16 (1) (b) to determine his
14or her ability to safely operate a school bus.
This special examination may include
15the examination required under sub. (3). The department may renew the
16endorsement without retesting the licensee, except under sub. (3).
AB402-ASA1, s. 178
17Section
178. 343.14 (3) of the statutes is renumbered 343.14 (3) (a).
AB402-ASA1, s. 179
18Section
179. 343.14 (3) (b) and (c) of the statutes are created to read:
AB402-ASA1,61,2119
343.14
(3) (b) Any photograph taken of an applicant under par. (a) or s. 343.50
20(4) may be maintained by the department and shall be kept confidential. The
21department may release a photograph only to the following persons:
AB402-ASA1,61,2222
1. The person whose photograph was taken.
AB402-ASA1,61,2423
2. Any person authorized in writing by the person whose photograph was
24taken.
AB402-ASA1,62,2
13. A law enforcement agency, a state agency or a federal governmental agency
2to perform a legally authorized function.
AB402-ASA1,62,53
(c) Any person who has received a photograph under par. (b) shall keep the
4photograph confidential and may not disclose or reproduce it except as authorized.
5This paragraph does not apply to the person whose photograph was taken.
AB402-ASA1,63,98
343.16
(1) (a)
General. The department shall examine every applicant for an
9operator's license, including applicants for license renewal as provided in sub. (3),
10and every applicant for authorization to operate a vehicle class or type for which the
11applicant does not hold currently valid authorization, other than an instruction
12permit. Except as provided in sub. (2) (cm) and (e)
and s. 343.03 (8) (b) and (c), the
13examinations of applicants for licenses authorizing operation of "Class A", "Class B",
14"Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and
15an actual demonstration in the form of a driving skills test of the applicant's ability
16to exercise ordinary and reasonable control in the operation of a representative
17vehicle. The department shall not administer a driving skills test to a person
18applying for authorization to operate "Class M" vehicles who has failed 2 previous
19such skills tests unless the person has successfully completed a rider course
20approved by the department. The department may, by rule, exempt certain persons
21from the rider course requirement of this paragraph. The driving skills of applicants
22for endorsements authorizing the operation of commercial motor vehicles equipped
23with air brakes, the transportation of passengers in commercial motor vehicles or the
24operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested
25by an actual demonstration of driving skills. The department may endorse an
1applicant's commercial driver license for transporting hazardous materials, or the
2operation of tank vehicles or vehicles towing double or triple trailers, as described
3in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In
4administering the knowledge test, the department shall attempt to accommodate
5any special needs of the applicant.
The Except as may be required by the department
6for an "H" or "S" endorsement, the knowledge test is not intended to be a test for
7literacy or English language proficiency. This paragraph does not prohibit the
8department from requiring an applicant to correctly read and understand highway
9signs.
AB402-ASA1,63,1311
343.17
(3) (e) 1. "K" restriction, which restricts a person issued a license under
12s. 343.065
to from operating commercial motor vehicles
only within this state and not 13in interstate commerce.
AB402-ASA1,63,1715
343.21
(1) (g) For removing a "K" restriction against operation of commercial
16motor vehicles
outside this state or in interstate commerce, the same fee as for a
17duplicate license.
AB402-ASA1,63,2119
343.21
(1) (jm) For reinstatement of a previously disqualified authorization to
20operate a commercial motor vehicle, $50. This fee is not applicable to
21disqualifications under s. 343.315 (2) (g).
AB402-ASA1,63,2523
343.21
(1) (m) For reinstatement of a previously canceled license or
24endorsement, $50. This fee includes reinstatement of any classification or
25endorsement applied for at the same time for which the applicant is qualified.
AB402-ASA1,65,62
343.23
(2) The department shall maintain a file for each licensee containing the
3application for license, permit or endorsement, a record of reports or abstract of
4convictions, the status of the licensee's authorization to operate different vehicle
5groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9)
6(am) and a record of any reportable accident in which the licensee has been involved,
7including specification of the type of license and endorsements issued under this
8chapter under which the licensee was operating at the time of the accident and an
9indication whether or not the accident occurred in the course of the licensee's
10employment as a law enforcement officer, fire fighter or emergency medical
11technician — paramedic or as a person engaged, by an authority in charge of the
12maintenance of the highway, in highway winter maintenance snow and ice removal
13during either a storm or cleanup following a storm. This information must be filed
14by the department so that the complete operator's record is available for the use of
15the secretary in determining whether operating privileges of such person shall be
16suspended, revoked, canceled or withheld in the interest of public safety. The record
17of suspensions, revocations and convictions that would be counted under s. 343.307
18(2)
and of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be
19maintained for at least 10 years. The record of convictions for disqualifying offenses
20under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of
21convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
22maintained permanently, except that 5 years after a licensee transfers residency to
23another state such record may be transferred to another state of licensure of the
24licensee if that state accepts responsibility for maintaining a permanent record of
25convictions for disqualifying offenses. Such reports and records may be cumulative
1beyond the period for which a license is granted, but the secretary, in exercising the
2power of revocation granted under s. 343.32 (2) may consider only those reports and
3records entered during the 4-year period immediately preceding the exercise of such
4power of revocation. For purposes of this subsection, "highway winter maintenance
5snow and ice removal" includes plowing, sanding, salting and the operation of
6vehicles in the delivery of those services.
AB402-ASA1, s. 187
7Section
187. 343.245 (3) (b) 3. and 4. of the statutes are amended to read:
AB402-ASA1,65,88
343.245
(3) (b) 3. Is subject to an out-of-service order in any state;
or
AB402-ASA1,65,109
4. Has more than one operator's license, except during the 10-day period
10beginning on the date on which the employe is issued an operator's license
.; or
AB402-ASA1,65,1312
343.245
(3) (b) 5. Does not possess a valid commercial driver license properly
13endorsed to permit operation of the vehicle.
