123,14
Section
14. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:
343.16 (1) (b) 3. (intro.) At least annually biennially, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements and applicants for operators' licenses to operate "Class D" vehicles. At least annually, the The department shall also evaluate testing given by the 3rd-party tester by one of the following means:
123,15
Section
15. 343.16 (1) (b) 3. c. of the statutes is created to read:
343.16 (1) (b) 3. c. The department shall score drivers along with the 3rd-party tester during skills tests to compare the scoring results.
123,16
Section
16. 343.16 (2) (e) of the statutes is amended to read:
343.16 (2) (e) Farm service industry employee waiver. To the extent permitted under applicable federal law or regulation, the department may waive any knowledge test and shall waive the commercial driver license driving skills test of a person applying for an "F" endorsement, except as provided under s. 343.16 (5) or (6) (a).
123,17
Section
17. 343.16 (6) (a) of the statutes is amended to read:
343.16 (6) (a) Whenever Except as provided in par. (am), whenever the secretary has good cause to believe that a licensed operator is incompetent or otherwise not qualified to be licensed, the secretary may, upon written notice of at least 5 days to the licensee, require the licensee to submit to an examination including all or part of the tests specified in sub. (1). Upon the conclusion of such examination the secretary shall take such action as is appropriate under this chapter, including cancellation of the license or permitting the licensee to retain the license subject to such restrictions as the secretary may order or without restrictions.
123,18
Section
18. 343.16 (6) (am) of the statutes is created to read:
343.16 (6) (am) If the secretary receives credible information that a person holding a commercial driver license committed fraud related to the issuance of the license, the secretary shall provide written notice to the person that the person is required to submit to an examination, including all or part of the tests required under sub. (1). A person receiving a notice under this paragraph shall, within 30 days of receiving notice, arrange to take the next available examination.
123,19
Section
19. 343.17 (3) (e) 1. of the statutes is renumbered 343.17 (3) (e) 1m.
123,20
Section
20. 343.17 (3) (e) 1e. of the statutes is created to read:
343.17 (3) (e) 1e. "E" restriction, which prohibits a person from operating commercial motor vehicles equipped with a manual transmission.
123,21
Section
21. 343.17 (3) (e) 2. of the statutes is amended to read:
343.17 (3) (e) 2. "L" restriction, which prohibits a person from operating commercial motor vehicles equipped with air brakes, as required in s. 343.13 (2).
123,22
Section
22. 343.17 (3) (e) 3. of the statutes is created to read:
343.17 (3) (e) 3. "M" restriction, which prohibits a person from operating "Class A" passenger commercial motor vehicles.
123,23
Section
23. 343.17 (3) (e) 4. of the statutes is created to read:
343.17 (3) (e) 4. "N" restriction, which prohibits a person from operating "Class A" and "Class B" passenger commercial motor vehicles.
123,24
Section
24. 343.17 (3) (e) 5. of the statutes is created to read:
343.17 (3) (e) 5. "O" restriction, which prohibits a person from operating tractor-trailer commercial motor vehicles.
123,25
Section
25. 343.17 (3) (e) 6. of the statutes is created to read:
343.17 (3) (e) 6. "V" restriction, which restricts a person from operating commercial motor vehicles without a medical variance.
123,26
Section
26. 343.17 (3) (e) 7. of the statutes is created to read:
343.17 (3) (e) 7. "Z" restriction, which prohibits a person from operating commercial motor vehicles equipped with full air brakes.
123,27
Section
27. 343.20 (1) (c) of the statutes is amended to read:
343.20 (1) (c) The department may, by rule, require any person who is issued an operator's license that is valid for a period of more than 2 years to demonstrate continuing qualifications to hold a license under this chapter at 2-year intervals. The rules may include, without limitation, requiring examination under s. 343.16 (6) (a) or requiring current medical certification under s. 343.16 (5). The department rules shall require cancellation or suspension of the license for noncompliance and shall permit surrender of the operator's license under s. 343.265.
123,28
Section
28. 343.25 (5) of the statutes is amended to read:
343.25 (5) Whenever the secretary determines that a person has secured a license or endorsement, or attempted to secure a license or endorsement, by hiring or permitting another to appear in the person's place to take an examination or otherwise gaining or attempting to gain a passing score on an examination by fraud or otherwise obtain a commercial license or endorsement by fraud; or
123,29
Section
29. 343.315 (2) (f) 9. of the statutes is created to read:
343.315 (2) (f) 9. Violating s. 346.89 (3) (a) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.89 (3) (a) or the law of another jurisdiction prohibiting driving a motor vehicle while composing or sending an electronic text message or electronic mail message, as those or substantially similar terms are used in that jurisdiction's law.
123,30
Section
30. 343.315 (2) (f) 10. of the statutes is created to read:
343.315
(2) (f) 10. In this subdivision, "mobile telephone" has the meaning given in
49 CFR 390.5. Violating s. 346.89 (4) (b) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.89 (4) (b) or the law of another jurisdiction prohibiting driving a commercial motor vehicle, as defined in
49 CFR 390.5, while using a hand-held mobile telephone, as those or substantially similar terms are used in that jurisdiction's law.
123,31
Section
31. 343.315 (2) (fm) of the statutes is amended to read:
343.315 (2) (fm) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if the person is convicted of violating s. 343.14 (5) or 345.17 and the violation of s. 343.14 (5) or 345.17 relates to an application for a commercial driver license or if the person's commercial driver license is cancelled by the secretary under s. 343.25 (1) or (5).
123,32
Section
32. 343.315 (2) (fp) of the statutes is created to read:
343.315 (2) (fp) A person is disqualified for a period of one year from operating a commercial motor vehicle if the person's commercial driver license is canceled by the secretary under s. 343.25 (5).
123,33
Section
33. 346.89 (4) of the statutes is renumbered 346.89 (4) (a).
123,34
Section
34. 346.89 (4) (b) of the statutes is created to read:
346.89 (4) (b) 1. In this paragraph:
a. "Commercial motor vehicle" has the meaning given in
49 CFR 390.5.
b. "Drive" means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion or is temporarily stationary because of traffic, a traffic control device, or other momentary delay.
c. "Mobile telephone" has the meaning given in
49 CFR 390.5.
2. Subject to sub. (3), except to report an emergency to law enforcement officials or other emergency service providers, no person may drive any commercial motor vehicle while using a hand-held mobile telephone in any the following manners:
a. Using at least one hand to hold a mobile telephone or any connected accessory to conduct a voice communication.
b. Dialing or answering a mobile telephone by pressing more than a single button.
c. Reaching for a mobile telephone in a manner that requires the driver to maneuver so that he or she is no longer in a seated driving position.
123,35
Section
35.
Initial applicability.
(1) The treatment of section 343.07 (3) of the statutes first applies to a permit issued on the effective date of this subsection.
(2) The treatment of section 343.315 (2) (f) 9. and 10. of the statutes first applies to violations occurring on the effective date of this subsection.
(3) The treatment of section 343.315 (2) (fm) and (fp) first applies to cancellations occurring on the effective date of this subsection.
(4) The renumbering and amendment of section 343.065 (1) of the statutes, the amendment of section 343.14 (2) (im) 1m. b. of the statutes, and the creation of section 343.065 (1) (b) of the statutes first apply to applications for a commercial driver license received by the department of transportation on the effective date of this subsection.
123,36m
Section 36m.
0Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:
(1) The renumbering and amendment of section 343.065 (1) of the statutes, the amendment of section 343.14 (2) (im) 1m. b. of the statutes, and the creation of section 343.065 (1) (b) of the statutes and Section 35 (4) of this act take effect on the first day of the 4th month beginning after publication.
