LRBs0046/2
PEN:all:hmh
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 3,
TO 1999 ASSEMBLY BILL 52
April 21, 1999 - Offered by
Joint committee on Finance.
AB52-ASA3,1,8
1An Act to repeal 343.07 (1) (c);
to renumber and amend 343.085 (1) and 343.32
2(2) (c);
to consolidate, renumber and amend 343.07 (1) (a) and (b);
to amend
3121.41 (2), 343.07 (3), 343.085 (3), 343.085 (5) and 343.21 (1) (i); and
to create
4343.06 (1) (cm), 343.07 (1) (bm), 343.085 (1) (b), 343.085 (2m), 343.21 (1) (ir),
5343.32 (2) (bc) and 343.32 (2) (c) 2. of the statutes;
relating to: instruction
6permits, probationary licenses and regular licenses to operate motor vehicles;
7driver education programs; granting rule-making authority; and providing a
8penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB52-ASA3,2,210
121.41
(2) Fees. A school board
or the technical college system board may
11establish and collect reasonable fees for any driver education program or part of a
12program which is neither required for nor credited toward graduation. The school
1board
or the technical college system board may waive any fee established under this
2subsection for any indigent pupil.
AB52-ASA3, s. 2
3Section
2. 343.06 (1) (cm) of the statutes is created to read:
AB52-ASA3,2,154
343.06
(1) (cm) To operate "Class D" vehicles to any person under 18 years of
5age, unless the person has accumulated at least 30 hours of behind-the-wheel
6driving experience, at least 10 hours of which were during hours of darkness. Each
7hour of behind-the-wheel driving experience while accompanied by a qualified
8instructor, as defined in s. 343.07 (5), shall be considered to be 2 hours of
9behind-the-wheel driving experience, except that no more than 5 hours of
10behind-the-wheel driving experience while accompanied by a qualified instructor
11may be counted in this manner. This paragraph does not apply to applicants for a
12restricted license under s. 343.08 or a special restricted operator's license under s.
13343.135. The department may promulgate rules that waive the requirement of
14accumulating at least 30 hours of behind-the-wheel experience for qualified
15applicants who are licensed by another jurisdiction to operate "Class D" vehicles.
AB52-ASA3, s. 3
16Section
3. 343.07 (1) (a) and (b) of the statutes are consolidated, renumbered
17343.07 (1) (a) (intro.) and amended to read:
AB52-ASA3,2,2418
343.07
(1) (a) (intro.)
If the permittee is at least 16 years of age, the permittee
19shall not Except as provided in this subsection, no permittee may operate a motor
20vehicle unless accompanied by a
qualified instructor, or a licensed person
with who
21has at least 2 years of licensed driving experience, who presently holds a valid
22regular license,
occupying as defined in s. 343.03 (3) (a), who occupies the seat beside
23the permittee
. No other passengers are allowed in the vehicle except as provided in
24par. (c) or (cm). (b) and who is one of the following:
AB52-ASA3,3,5
11. A
permittee under the age of 16 is restricted to operation of a motor vehicle
2only while accompanied by a qualified instructor
, the who is 19 years of age or older.
3If the motor vehicle is equipped with dual controls, up to 3 other persons, in addition
4to the qualified instructor, may occupy seats in the motor vehicle other than the front
5seat.
AB52-ASA3,3,9
62. The permittee's parent
or, guardian
who meets the other qualifications of
7par. (a) or a licensed or spouse who is 19 years of age or older. In addition to the
8parent, guardian or spouse, the permittee's immediate family members may occupy
9seats in the motor vehicle other than the front seat.
AB52-ASA3,3,15
103. A person
who is 21 years of age or older
who meets the other qualifications
11of par. (a) and who has. If the permittee is under 18 years of age, this subdivision
12applies only if the licensed person has been designated in writing to accompany the
13permittee by the permittee's parent or guardian prior to operation of the vehicle by
14the permittee.
Upon reaching the age of 16, the permittee gains the privilege of any
15other permittee.
AB52-ASA3, s. 4
16Section
4. 343.07 (1) (bm) of the statutes is created to read:
AB52-ASA3,3,1817
343.07
(1) (bm) Except as provided in par. (a), no permittee may operate a motor
18vehicle upon a highway in this state whenever any person is in the motor vehicle.
AB52-ASA3, s. 6
20Section
6. 343.07 (3) of the statutes is amended to read:
AB52-ASA3,4,221
343.07
(3) Duration; cancellation. An instruction permit
shall be to operate
22vehicles other than commercial motor vehicles or school buses is valid for
6 12 23months except that it may be canceled upon receipt of information, by the secretary,
24of noncompletion or unsatisfactory completion of a driver education and training
1course by a permittee under the age of 18.
An instruction permit to operate
2commercial motor vehicles or school buses is valid for 6 months.
AB52-ASA3, s. 7
3Section
7. 343.085 (1) of the statutes is renumbered 343.085 (1) (a) and
4amended to read:
AB52-ASA3,4,85
343.085
(1) (a) Except as provided in
par. (b) and sub. (2), the department shall
6issue a probationary license to all applicants for an original license. The
7probationary license shall remain in effect
during the entire period of the first
8issuance of the original license as provided in s. 343.20 (1) (a).
AB52-ASA3, s. 8
9Section
8. 343.085 (1) (b) of the statutes is created to read:
AB52-ASA3,4,1710
343.085
(1) (b) The department may not issue a probationary license to operate
11"Class D" vehicles under this section to an applicant who is under 18 years of age
12unless the applicant has held an instruction permit issued under s. 343.07 for not less
13than 6 months and, during the 6-month period immediately preceding application,
14has not committed a moving violation, specified by the department by rule, resulting
15in a conviction. The department may promulgate rules to waive the requirement of
16holding an instruction permit for not less than 6 months for qualified applicants who
17are licensed by another jurisdiction to operate "Class D" vehicles.
AB52-ASA3, s. 9
18Section
9. 343.085 (2m) of the statutes is created to read:
AB52-ASA3,4,2119
343.085
(2m) (a) Except as provided in this subsection, during the 9-month
20period after issuance of a probationary license under this section, no licensee under
2118 years of age may operate a "Class D" vehicle upon a highway in this state:
AB52-ASA3,4,2422
1. Whenever any person, other than the licensee or a member of the licensee's
23immediate family or a person who meets the requirements under s. 343.07 (1) (a), is
24in the motor vehicle.
AB52-ASA3,5,4
12. Between the hours of 12 midnight and 5 a.m., unless the licensee's parent
2or guardian, or a person who meets the requirements under s. 343.07 (1) (a), occupies
3the seat beside the licensee, or unless the licensee is traveling between his or her
4place of residence, school or place of employment.
AB52-ASA3,5,65
(am) 1. Paragraph (a) does not apply to any licensee to whom all of the following
6apply:
AB52-ASA3,5,87
a. The licensee is operating the motor vehicle in the service of an organized
8program that, without compensation, transports teenagers to their homes.
AB52-ASA3,5,129
b. The licensee possesses documentation that identifies the program and the
10licensee and that authorizes the licensee to operate a motor vehicle in service of the
11program on the date and time of the operation. The documentation is valid only if
12signed by a person who is at least 25 years of age and associated with the program.
AB52-ASA3,5,1613
c. The licensee is accompanied by another licensee, other than a teenager who
14is being transported, who is in the motor vehicle in the service of the program
15described in subd. 1. a. and who possesses the documentation described in subd. 1.
16b.
AB52-ASA3,5,1817
d. The licensee is accompanied by not more than 3 passengers in the vehicle.
18The licensee described in subd. 1. c. shall not be counted under this subd. 1. d.
AB52-ASA3,5,2319
2. Paragraph (a) does not apply to any licensee operating the motor vehicle to
20or from a program described in subd. 1. a., if the licensee possesses documentation
21described in subd. 1. b. A licensee described in this subdivision may be accompanied
22by any number of persons also traveling to or from a program described in subd. 1.
23a.
AB52-ASA3,5,2524
(ar) Paragraph (a) does not apply to any licensee operating a motor vehicle for
25emergency purposes.
AB52-ASA3,6,4
1(b) 1. The department shall extend the restrictions under par. (a) for an
2additional 6-month period or until the licensee's 18th birthday, whichever occurs
3earlier, if any of the following occurs while the licensee is subject to the restrictions
4under par. (a):
AB52-ASA3,6,65
a. The licensee commits a moving violation specified by the department by rule,
6resulting in a conviction of the licensee.
AB52-ASA3,6,77
b. The licensee violates par. (a).
AB52-ASA3,6,98
c. A court or the department suspends or revokes the licensee's operating
9privilege for any reason other than a mental or physical disability.
AB52-ASA3,6,1210
2. If the department extends a restriction period under subd. 1., the
11department shall immediately provide notice of the extension by 1st class mail to the
12person's last-known residence address.
AB52-ASA3,6,1413
(c) A period of restriction under this subsection does not run while a person's
14operating privilege is suspended or revoked.
AB52-ASA3,6,1615
(d) The restrictions under this subsection apply until the period of restriction
16expires or until the licensee reaches 18 years of age, whichever occurs first.
AB52-ASA3,6,2017
(e) Nothing in this subsection may be construed to create a separate cause of
18action against the parent or guardian of a probationary licensee under this
19subsection or against the owner of any vehicle operated by a probationary licensee
20under this section.
AB52-ASA3,7,622
343.085
(3) The secretary may suspend a person's operating privilege under
23this section when such person has been assigned sufficient demerit points after
24conviction for traffic violations to require suspension under the rule adopted under
25sub. (5) and either holds a license issued under this section or by age comes under
1this section. The secretary may revoke such a person's operating privilege under this
2section if such person has a previous suspension under this section.
This subsection
3applies only to a person holding a probationary license issued before the effective
4date of this subsection .... [revisor inserts date]. This subsection does not apply on
5or after the first day of the 37th month beginning after the effective date of the
6subsection .... [revisor inserts date].
AB52-ASA3,7,178
343.085
(5) For the purpose of determining when to suspend or to continue a
9person on probationary status, the secretary may determine and adopt by rule a
10method of weighing traffic convictions by their seriousness and may change such
11weighted scale from time to time as experience or the accident frequency in the state
12makes necessary or desirable. Such scale may be weighted differently for this
13licensee than the scale used to determine revocations under s. 343.32.
This
14subsection applies only to a person holding a probationary license issued before the
15effective date of this subsection .... [revisor inserts date]. This subsection does not
16apply on or after the first day of the 37th month beginning after the effective date
17of the subsection .... [revisor inserts date].
AB52-ASA3, s. 12
18Section
12. 343.21 (1) (i) of the statutes is amended to read:
AB52-ASA3,7,2019
343.21
(1) (i) Except as provided in par. (im)
or (ir), for an instruction permit,
20$20.
AB52-ASA3, s. 13
21Section
13. 343.21 (1) (ir) of the statutes is created to read:
AB52-ASA3,7,2322
343.21
(1) (ir) For an instruction permit authorizing the operation of "Class D"
23vehicles, $25.