AB150-ASA1-AA26,336,3
22341.43 Audits. The department may conduct such audits as it deems
23necessary to determine the adequacy of fees paid under the international
24registration plan or other proportional registration law or agreement and taxes
and
25fees paid under s. 341.45. Audits shall be conducted during normal business hours.
1Credits shall be given for overpayments and deficiencies shall be assessed, with
2interest. Actual and necessary expenses incurred by an auditor, plus wages, may be
3assessed against the person audited.
AB150-ASA1-AA26,336,6
5341.45 (title)
Importation in vehicle tanks regulated; taxes; fee;
6permits.
AB150-ASA1-AA26,336,198
341.45
(1g) (a)
Every Except as provided in subs. (3) and (4g), every person who
9purchases or obtains motor vehicle fuel or an alternate fuel outside of this state and
10operates any qualified motor vehicle into this state upon a highway and transports
11that fuel in an attached or unattached fuel supply tank for the sole purpose of
12operating the qualified motor vehicle shall pay the Wisconsin motor vehicle fuel or
13alternate fuels tax
and the oil inspection fee under s. 168.12 on the gallons consumed
14by the qualified motor vehicle while operated on the highways of this state. The
15person shall pay the tax
and fee by purchasing motor vehicle fuel or alternate fuels
16within this state in an amount that is equivalent to the gallonage consumed while
17operating the qualified motor vehicle on the highways of this state, or by remitting
18the tax
and fee directly to the department or to another jurisdiction that is a party
19to the international fuel tax agreement.
AB150-ASA1-AA26,336,2321
341.45
(1g) (b) The department may require any person required to pay under
22par. (a) to report on forms prescribed by it, to display evidence of compliance with par.
23(a) and to pay taxes
and fees in the manner specified by the department.
AB150-ASA1-AA26,337,3
1(c) The department shall require any person convicted of evading the tax
or fee 2due under par. (a) to report on forms and in the manner prescribed by the
3department.
AB150-ASA1-AA26,337,115
341.45
(2) Every person regularly or habitually operating qualified motor
6vehicles upon the highways of any other state and using in those qualified motor
7vehicles motor vehicle fuel or an alternate fuel purchased or obtained in this state
8shall be allowed a credit or refund equal to the
oil inspection fee and the tax on the
9motor vehicle fuel or alternate fuel actually paid to the state in which it is used, but
10not to exceed the tax
and fee imposed on motor vehicle fuel or alternate fuels by this
11state.
AB150-ASA1-AA26,337,1913
341.45
(3) The department may enter into reciprocal agreements with the
14appropriate officials of any other state under which it may waive all or any part of
15the requirements imposed by this section upon those who use motor vehicle fuel or
16alternate fuels upon which the tax
has and fee have been paid to another state if the
17officials of the other state grant equivalent privileges with respect to motor vehicle
18fuel or alternate fuels used in that state but upon which the tax
has and fee have been
19paid to Wisconsin.
AB150-ASA1-AA26,338,221
341.45
(4g) The department may issue trip permits for 72-hour periods to
22persons who would otherwise be required to pay the Wisconsin motor vehicle fuel or
23alternate fuels tax and the oil inspection fee under sub. (1g). The department shall
24charge a fee of not less than $15 for each permit issued under this subsection. A
1person who has obtained a permit under this subsection is exempt from the
2purchasing requirement of sub. (1g) (a).
AB150-ASA1-AA26,338,94
341.45
(4m) All oil inspection fees paid to the department of transportation
5under sub. (1g) (a) in excess of oil inspection fee credits or refunds under sub. (2) shall
6be deposited in the petroleum inspection fund. All oil inspection fees credited or
7refunded by the department of transportation under sub. (2) in excess of oil
8inspection fees paid to the department of transportation under sub. (1g) (a) shall be
9paid from the petroleum inspection fund.
AB150-ASA1-AA26,338,1611
341.45
(5) The department shall promulgate rules under ch. 227 necessary to
12administer this section.
The rules shall include provisions relating to the issuance
13and use of the permits authorized under sub. (4g). The rules may include provisions
14relating to the payment of interest on late payments of motor vehicle fuel and
15alternate fuels taxes
and oil inspection fees, and fees for the late payment or
16underpayment of motor vehicle fuel and alternate fuels taxes
and oil inspection fees.
AB150-ASA1-AA26,338,1918
342.14
(1) For filing an application for the first certificate of title,
$5 $7.50, by
19the owner of the vehicle.".
AB150-ASA1-AA26,338,2322
342.14
(3) For a certificate of title after a transfer,
$5 $7.50, by the owner of the
23vehicle.
AB150-ASA1-AA26,339,2
1342.15
(1m) (a) No owner of a junk vehicle may transfer his or her interest in
2the junk vehicle except to a licensed motor vehicle salvage dealer.
AB150-ASA1-AA26,339,43
(b) No person other than a licensed motor vehicle salvage dealer may acquire
4an interest in a junk vehicle from the owner of the junk vehicle.
AB150-ASA1-AA26,339,65
(c) Paragraphs (a) and (b) do not apply to the sale, disposition or acquisition of
6a junk vehicle following the procedure under s. 342.40 (3) (c) or 779.415 (2).
AB150-ASA1-AA26,339,98
342.15
(5r) Any person who violates sub. (1m) may be required to forfeit not
9more than $1,000 for each violation.
AB150-ASA1-AA26,339,1411
343.01
(2) (cb) "Motorized construction equipment" means motor-driven
12construction equipment designed principally for off-road use, including a
13motorscraper, backhoe, motorgrader, compacter, excavator, tractor, trencher and
14bulldozer.
AB150-ASA1-AA26,339,1716
343.01
(2) (d) "Photograph" means an unretouched image recorded by a camera
17and reproduced on a photosensitive surface and includes a digitized image.
AB150-ASA1-AA26,339,2319
343.02
(1) The department shall administer and enforce this chapter and may
20promulgate for that purpose such rules as the secretary considers necessary. Rules
21promulgated under this chapter may not conflict with and shall be at least as
22stringent as standards set by the federal commercial motor vehicle safety act,
49
23USC 2701 to
2716 31301 to 31317 and the regulations adopted under that act.
AB150-ASA1-AA26,340,1
1343.03
(1) (title)
Compliance with federal standards.
AB150-ASA1-AA26,340,53
343.03
(1) (a) The department shall institute a classified driver license system
4meeting all federal standards under
49 USC 2701 to
2716 31301 to 31317 and
49 CFR
5383.
AB150-ASA1-AA26,340,97
343.03
(1) (b) The department shall
begin issuance of issue operator's licenses
8in conformity with the classified driver license system to each licensee upon renewal,
9reinstatement or initial application
by April 1, 1991.
AB150-ASA1-AA26,340,1812
343.03
(5) Inquiries before issuance. Before issuing a license under this
13chapter, the department shall obtain driver record information from the national
14driver registry and commercial driver license information system to determine
15whether the applicant holds a commercial driver license, or a license that is revoked,
16suspended or canceled, or is otherwise disqualified. If the applicant is currently
17licensed in another state, the department shall obtain information on the applicant's
18license status with the state of licensure before issuing a license.
AB150-ASA1-AA26,341,321
343.05
(2) (a) 2. A nonresident who has in his or her immediate possession a
22valid commercial driver license issued to the person in
his or her home another 23jurisdiction
or Mexico bearing all endorsements required for the specific class and
24type of vehicle being operated. A license is not valid under this subdivision if the
25license is restricted to operation inside the person's home jurisdiction, or if the person
1is otherwise violating restrictions or exceeding operating authorization stated on the
2person's license. If the nonresident is operating a commercial motor vehicle in
3interstate commerce, he or she must be at least 21 years of age.
AB150-ASA1-AA26,341,115
343.05
(2) (c) A tow truck operator holding a valid commercial driver license
6who is engaged in the removal of a disabled or wrecked vehicle from the highway or
7eliminating a hazard is not required to hold an endorsement to his or her commercial
8driver license regardless of the type of vehicle being towed. This exception to the
9requirement for an endorsement does not apply to any subsequent towing of the
10vehicle, including moving the vehicle from one repair facility to another, unless
the 11one of the following applies:
AB150-ASA1-AA26,341,13
121. The tow truck operator
holds a commercial driver license and is accompanied
13by a driver who holds the required endorsements.
AB150-ASA1-AA26,341,1615
343.05
(2) (c) 2. The vehicle is a vehicle that requires a "P" endorsement for its
16operation.
AB150-ASA1-AA26, s. 6411jm
17Section 6411jm. 343.05 (4) (a) 3. of the statutes is renumbered 343.05 (2) (a)
185. and amended to read:
AB150-ASA1-AA26,341,2519
343.05
(2) (a) 5. A person
temporarily operating motorized construction
20equipment
designed principally for off-road use, including a motorscraper, backhoe,
21motorgrader, compacter, excavator, tractor, trencher and bulldozer
upon a highway
22in this state who possesses a valid operator's license issued to the person by the
23department which is not revoked, suspended, canceled, disqualified or expired. This
24subdivision does not apply to a truck or a construction vehicle designed or equipped
25for use on a highway or to any vehicle exceeding a speed of 35 miles per hour.
AB150-ASA1-AA26,342,62
343.055
(1) (a)
General. Except as provided in subs. (3) and (4) and
3notwithstanding s. 343.05 (2), operators of certain commercial motor vehicles
4specified in pars. (b) to
(h) (j) or any rule of the department promulgated under sub.
5(5) are not required to hold commercial driver licenses, if the operator holds a valid
6operator's license not limited to "Class M" vehicles.
AB150-ASA1-AA26,342,128
343.055
(1) (j)
Highway winter maintenance operators. Notwithstanding ss.
9343.02 and 343.03 (1), the operator of the commercial motor vehicle is a town official
10or is employed in highway winter maintenance work on a part-time basis by the
11town, and the vehicle is owned by or leased to the town and is being used for the
12purpose of snow and ice control on a town highway.
AB150-ASA1-AA26,342,1914
343.055
(4) Effect of waivers. The waivers under
this section sub. (1) (b) to
15(h) shall apply to the extent permitted under federal law and
the waivers under sub.
16(1) (b) to (j) shall exempt a person only from the requirement in s. 343.05 (2) to hold
17a commercial driver license to operate a commercial motor vehicle upon a highway
18in this state. A commercial motor vehicle operated under this waiver remains a
19commercial motor vehicle.
AB150-ASA1-AA26,343,222
343.055
(5) (a) As soon as possible after the federal commercial motor vehicle
23safety act,
49 USC 2701 to
2716 31301 to 31317, or the regulations adopted under
24that act permit any commercial driver license waiver, the department shall
1promulgate rules governing eligibility for the waiver. This
subsection paragraph 2applies to waivers not permitted by federal law on May 12, 1992.
AB150-ASA1-AA26,343,54
343.055
(5) (b) Notwithstanding par. (a), the department shall promulgate
5rules for the waiver under sub. (1) (j).
AB150-ASA1-AA26,344,57
343.06
(1) (c) To any person under age 18 unless the person is enrolled in a
8school program or high school equivalency program and is not a habitual truant as
9defined in s. 118.16 (1) (a), has graduated from high school or been granted a
10declaration of high school graduation equivalency or is enrolled in a home-based
11private educational program, as defined in s. 115.001 (3g), and has satisfactorily
12completed a course in driver education in public schools approved by the department
13of public instruction, or in technical colleges approved by the technical college system
14board, or in nonpublic and private schools which meet the minimum standards set
15by the department of public instruction, or has satisfactorily completed a
16substantially equivalent course in driver training approved by the department and
17given by a school licensed by the department under s. 343.61, or has satisfactorily
18completed a substantially equivalent course in driver education or training approved
19by another state and has attained the age of 16, except as provided in s. 343.07 (1).
20The department shall not issue a license to any person under the age of 18
21authorizing the operation of "Class M" vehicles unless the person has successfully
22completed a basic rider course approved by the department. The department may,
23by rule, exempt certain persons from the basic rider course requirement of this
24paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the
25driver education, basic rider or driver training course requirement. The secretary
1shall prescribe rules for licensing of schools and instructors to qualify under this
2paragraph. The driver education course shall be made available to every eligible
3student in the state. Except as provided under s. 343.16 (1) (c)
and (2) (cm) to (f), no
4operator's license may be issued unless a driver's examination has been
5administered by the department.
AB150-ASA1-AA26,344,167
343.06
(2) After March 31, 1992, the
The department shall not issue a
8commercial driver license, including a renewal, occupational or reinstated license,
9to any person during any period of disqualification under s. 343.315 or
49 CFR 383.51 10or the law of another jurisdiction in substantial conformity therewith, as the result
11of one or more disqualifying offenses committed on or after July 1, 1987.
Beginning
12on April 1, 1992, the department shall cancel any commercial driver license Any
13person who is known to the department to
have been issued to a person who is
14disqualified be subject to disqualification under s. 343.315 (1) (a) shall be disqualified
15by the department, unless the
required period of disqualification
specified in s.
16343.315 for the disqualifying offense has already expired.
AB150-ASA1-AA26,344,19
18343.065 (title)
Intrastate restricted Restricted commercial driver
19license.
AB150-ASA1-AA26,345,221
343.065
(1) If an applicant for a commercial driver license is less than 21 years
22of age or does not meet the physical qualifications for drivers contained in
49 CFR
23391 or an alternative federally approved driver qualification program established by
24the department by rule but is at least 18 years of age and otherwise qualified under
25this chapter and the rules of the department, the department may issue the
1applicant a commercial driver license restricted to authorizing the operation of
2commercial motor vehicles
only within this state and not in interstate commerce.
AB150-ASA1-AA26,345,64
343.065
(2) A commercial driver license issued under this section shall clearly
5identify that the license does not authorize the operation of commercial motor
6vehicles
outside this state or in interstate commerce.
AB150-ASA1-AA26,345,128
343.10
(2) (a) 1. Except for a revocation or suspension that arose out of the same
9incident or occurrence for which the person's license or operating privilege is
10currently revoked or suspended, the person's license or operating privilege was not
11revoked or suspended previously under this chapter
or ch. 344 or s. 161.50 within the
12one-year period immediately preceding the present revocation or suspension.".
AB150-ASA1-AA26,345,2316
343.10
(10) (a) If the petitioner's commercial driver license has been suspended
17or revoked
solely for a violation of s. 346.63 (1)
or a local ordinance in conformity
18therewith or a law of a federally recognized American Indian tribe or band in this
19state in conformity with s. 346.63 (1) and the person was not operating a commercial
20motor vehicle at the time of the violation, a petition seeking issuance of an
21occupational license authorizing operation of "Class A", "Class B" or "Class C"
22vehicles may be filed directly with the department. The petition may also seek
23authorization to operate "Class D" or "Class M" vehicles.
AB150-ASA1-AA26,346,6
1343.12
(2) (h) Prior to the initial issuance
or renewal of the endorsement, takes
2and passes a special examination prescribed by the department and administered
3by the department or by a 3rd-party tester under s. 343.16 (1) (b) to determine his
4or her ability to safely operate a school bus.
This special examination may include
5the examination required under sub. (3). The department may renew the
6endorsement without retesting the licensee, except under sub. (3).
AB150-ASA1-AA26,346,119
343.14
(3) (b) Any photograph taken of an applicant under par. (a) or s. 343.50
10(4) may be maintained by the department and shall be kept confidential. The
11department may release a photograph only to the following persons:
AB150-ASA1-AA26,346,1212
1. The person whose photograph was taken.
AB150-ASA1-AA26,346,1413
2. Any person authorized in writing by the person whose photograph was
14taken.
AB150-ASA1-AA26,346,1615
3. A law enforcement agency, a state agency or a federal governmental agency
16to perform a legally authorized function.
