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2011 - 2012 LEGISLATURE
February 3, 2012 - Introduced by Senator Lazich, cosponsored by Representatives
Petrowski, Bies, A. Ott and Spanbauer, by request of The Department of
Transportation. Referred to Committee on Transportation and Elections.
SB423,1,2 1An Act to amend 343.315 (2) (f) (intro.) and 343.315 (2) (f) 4. of the statutes;
2relating to: disqualification of commercial motor vehicle operators.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation (DOT) issues commercial
driver licenses (CDLs) authorizing the licensee to operate commercial motor vehicles
(CMVs). CMVs are generally defined as motor vehicles that are designed or used to
transport property or passengers and weigh more than 26,000 pounds, that
transport 15 or more passengers plus the driver, or that transport hazardous
materials. A person is disqualified from operating a CMV for a 60-day period upon
a second conviction, or for a 120-day period upon a third conviction, of a serious
traffic violation within a three-year period if the violation is committed while the
person is operating a CMV or if the person holds a CDL and commits the violation
while operating a non-CMV vehicle. A "serious traffic violation" is defined to include
various offenses committed: 1) while operating a CMV; or 2) while operating a
non-CMV vehicle if the person has ever held a CDL, has ever operated a CMV on a
highway, or has ever been convicted of a violation related to, or been disqualified
from, operating a CMV.
Under this bill, the definition of "serious traffic violation" identified in item 2),
above, applies only if the offense results in the revocation, cancellation, or
suspension of the person's operating privilege.
Under current law, if an authorized emergency vehicle, tow truck, or road
maintenance vehicle is stopped on or within 12 feet of the paved portion of a highway
and is giving a proper visual signal, an approaching motorist must move his or her

vehicle into a lane not nearest the stopped vehicle and travel in that lane until he or
she passes the stopped vehicle. If the roadway has only one lane for traffic traveling
in the same direction as the approaching motorist or if the motorist cannot change
lanes safely or without interfering with other traffic, the motorist must slow his or
her vehicle until he or she has passed the stopped vehicle. This statute is commonly
referred to as the "Move Over Law."
This bill classifies a violation of the "Move Over Law" as a serious traffic
violation for purposes of disqualification from operating a CMV.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB423, s. 1 1Section 1. 343.315 (2) (f) (intro.) of the statutes is amended to read:
SB423,2,142 343.315 (2) (f) (intro.) A person is disqualified for a period of 60 days from
3operating a commercial motor vehicle if convicted of 2 serious traffic violations, and
4120 days if convicted of 3 serious traffic violations, arising from separate occurrences
5committed within a 3-year period while driving or operating a commercial motor
6vehicle or while driving or operating any motor vehicle if the person holds a
7commercial driver license. The 120-day period of disqualification under this
8paragraph shall be in addition to any other period of disqualification imposed under
9this paragraph. In this paragraph, "serious traffic violations" means any of the
10following offenses committed while engaged in commercial motor vehicle-related
11activities specified in sub. (1g) (a), or any of the following offenses committed while
12engaged in commercial motor vehicle-related activities specified in sub. (1g) (b) if the
13offense results in the revocation, cancellation, or suspension of the person's
14operating privilege
:
SB423, s. 2 15Section 2. 343.315 (2) (f) 4. of the statutes is amended to read:
SB423,3,616 343.315 (2) (f) 4. Violating s. 346.07 (2), 346.072 (1), 346.08, 346.09, 346.10,
17346.13, 346.24 (3), or 346.34 (1) (a) 3. or a local ordinance in conformity therewith or;
18a law of a federally recognized American Indian tribe or band in this state in

1conformity with s. 346.07 (2), 346.072 (1), 346.08, 346.09, 346.10, 346.13, 346.24 (3),
2or 346.34 (1) (a) 3.; or the law of another jurisdiction prohibiting improper or erratic
3lane changes or improper passing, or otherwise prohibiting the conduct described in
4sections 11-304 to 306 and 11-309 of the uniform vehicle code and model traffic
5ordinance (1987), as those or substantially similar terms are used in that
6jurisdiction's law.
SB423, s. 3 7Section 3. Initial applicability.
SB423,3,98 (1) This act first applies to violations occurring on the effective date of this
9subsection.
SB423,3,1010 (End)
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