AB557-ASA1,57,1816
343.03
(1) (b) The department shall
begin issuance of issue operator's licenses
17in conformity with the classified driver license system to each licensee upon renewal,
18reinstatement or initial application
by April 1, 1991.
AB557-ASA1,58,221
343.03
(5) Inquiries before issuance. Before issuing a license under this
22chapter, the department shall obtain driver record information from the national
23driver registry and commercial driver license information system to determine
24whether the applicant holds a commercial driver license, or a license that is revoked,
25suspended or canceled, or is otherwise disqualified. If the applicant is currently
1licensed in another state, the department shall obtain information on the applicant's
2license status with the state of licensure before issuing a license.
AB557-ASA1,58,125
343.05
(2) (a) 2. A nonresident who has in his or her immediate possession a
6valid commercial driver license issued to the person in
his or her home another 7jurisdiction
or Mexico bearing all endorsements required for the specific class and
8type of vehicle being operated. A license is not valid under this subdivision if the
9license is restricted to operation inside the person's home jurisdiction, or if the person
10is otherwise violating restrictions or exceeding operating authorization stated on the
11person's license. If the nonresident is operating a commercial motor vehicle in
12interstate commerce, he or she must be at least 21 years of age.
AB557-ASA1,58,2014
343.05
(2) (c) A tow truck operator holding a valid commercial driver license
15who is engaged in the removal of a disabled or wrecked vehicle from the highway or
16eliminating a hazard is not required to hold an endorsement to his or her commercial
17driver license regardless of the type of vehicle being towed. This exception to the
18requirement for an endorsement does not apply to any subsequent towing of the
19vehicle, including moving the vehicle from one repair facility to another, unless
the 20one of the following applies:
AB557-ASA1,58,22
211. The tow truck operator
holds a commercial driver license and is accompanied
22by a driver who holds the required endorsements.
AB557-ASA1,58,2524
343.05
(2) (c) 2. The vehicle is a vehicle that requires a "P" endorsement for its
25operation.
AB557-ASA1, s. 153
1Section
153. 343.05 (4) (a) 3. of the statutes is renumbered 343.05 (2) (a) 5. and
2amended to read:
AB557-ASA1,59,93
343.05
(2) (a) 5. A person
temporarily operating motorized construction
4equipment
designed principally for off-road use, including a motorscraper, backhoe,
5motorgrader, compacter, excavator, tractor, trencher and bulldozer
upon a highway
6in this state who possesses a valid operator's license issued to the person by the
7department which is not revoked, suspended, canceled, disqualified or expired. This
8subdivision does not apply to a truck or a construction vehicle designed or equipped
9for use on a highway or to any vehicle exceeding a speed of 35 miles per hour.
AB557-ASA1,59,1511
343.055
(5) Rules. As soon as possible after the federal commercial motor
12vehicle safety act,
49 USC 2701 to
2716 31301 to 31317, or the regulations adopted
13under that act permit any commercial driver license waiver, the department shall
14promulgate rules governing eligibility for the waiver. This subsection applies to
15waivers not permitted by federal law on May 12, 1992.
AB557-ASA1,60,1517
343.06
(1) (c) To any person under age 18 unless the person is enrolled in a
18school program or high school equivalency program and is not a habitual truant as
19defined in s. 118.16 (1) (a), has graduated from high school or been granted a
20declaration of high school graduation equivalency or is enrolled in a home-based
21private educational program, as defined in s. 115.001 (3g), and has satisfactorily
22completed a course in driver education in public schools approved by the department
23of public instruction, or in technical colleges approved by the technical college system
24board, or in nonpublic and private schools which meet the minimum standards set
25by the department of public instruction, or has satisfactorily completed a
1substantially equivalent course in driver training approved by the department and
2given by a school licensed by the department under s. 343.61, or has satisfactorily
3completed a substantially equivalent course in driver education or training approved
4by another state and has attained the age of 16, except as provided in s. 343.07 (1).
5The department shall not issue a license to any person under the age of 18
6authorizing the operation of "Class M" vehicles unless the person has successfully
7completed a basic rider course approved by the department. The department may,
8by rule, exempt certain persons from the basic rider course requirement of this
9paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the
10driver education, basic rider or driver training course requirement. The secretary
11shall prescribe rules for licensing of schools and instructors to qualify under this
12paragraph. The driver education course shall be made available to every eligible
13student in the state. Except as provided under s. 343.16 (1) (c)
and (2) (cm) to (e), no
14operator's license may be issued unless a driver's examination has been
15administered by the department.
AB557-ASA1,61,217
343.06
(2) After March 31, 1992, the
The department shall not issue a
18commercial driver license, including a renewal, occupational or reinstated license,
19to any person during any period of disqualification under s. 343.315 or
49 CFR 383.51 20or the law of another jurisdiction in substantial conformity therewith, as the result
21of one or more disqualifying offenses committed on or after July 1, 1987.
Beginning
22on April 1, 1992, the department shall cancel any commercial driver license Any
23person who is known to the department to
have been issued to a person who is
24disqualified be subject to disqualification under s. 343.315 (1) (a) shall be disqualified
1by the department, unless the
required period of disqualification
specified in s.
2343.315 for the disqualifying offense has already expired.
AB557-ASA1,61,5
4343.065 (title)
Intrastate restricted Restricted commercial driver
5license.
AB557-ASA1,61,137
343.065
(1) If an applicant for a commercial driver license is less than 21 years
8of age or does not meet the physical qualifications for drivers contained in
49 CFR
9391 or an alternative federally approved driver qualification program established by
10the department by rule but is at least 18 years of age and otherwise qualified under
11this chapter and the rules of the department, the department may issue the
12applicant a commercial driver license restricted to authorizing the operation of
13commercial motor vehicles
only within this state and not in interstate commerce.
AB557-ASA1,61,1715
343.065
(2) A commercial driver license issued under this section shall clearly
16identify that the license does not authorize the operation of commercial motor
17vehicles
outside this state or in interstate commerce.
AB557-ASA1,61,2319
343.10
(2) (a) 1. Except for a revocation or suspension that arose out of the same
20incident or occurrence for which the person's license or operating privilege is
21currently revoked or suspended, the person's license or operating privilege was not
22revoked or suspended previously under this chapter
or ch. 344 or s. 161.50 within the
23one-year period immediately preceding the present revocation or suspension.
AB557-ASA1,62,8
1343.10
(10) (a) If the petitioner's commercial driver license has been suspended
2or revoked
solely for a violation of s. 346.63 (1)
or a local ordinance in conformity
3therewith or a law of a federally recognized American Indian tribe or band in this
4state in conformity with s. 346.63 (1) and the person was not operating a commercial
5motor vehicle at the time of the violation, a petition seeking issuance of an
6occupational license authorizing operation of "Class A", "Class B" or "Class C"
7vehicles may be filed directly with the department. The petition may also seek
8authorization to operate "Class D" or "Class M" vehicles.
AB557-ASA1,62,1510
343.12
(2) (h) Prior to the initial issuance
or renewal of the endorsement, takes
11and passes a special examination prescribed by the department and administered
12by the department or by a 3rd-party tester under s. 343.16 (1) (b) to determine his
13or her ability to safely operate a school bus.
This special examination may include
14the examination required under sub. (3). The department may renew the
15endorsement without retesting the licensee, except under sub. (3).
AB557-ASA1,63,1918
343.16
(1) (a)
General. The department shall examine every applicant for an
19operator's license, including applicants for license renewal as provided in sub. (3),
20and every applicant for authorization to operate a vehicle class or type for which the
21applicant does not hold currently valid authorization, other than an instruction
22permit. Except as provided in sub. (2) (cm) and (e)
and s. 343.03 (8) (b) and (c), the
23examinations of applicants for licenses authorizing operation of "Class A", "Class B",
24"Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and
25an actual demonstration in the form of a driving skills test of the applicant's ability
1to exercise ordinary and reasonable control in the operation of a representative
2vehicle. The department shall not administer a driving skills test to a person
3applying for authorization to operate "Class M" vehicles who has failed 2 previous
4such skills tests unless the person has successfully completed a rider course
5approved by the department. The department may, by rule, exempt certain persons
6from the rider course requirement of this paragraph. The driving skills of applicants
7for endorsements authorizing the operation of commercial motor vehicles equipped
8with air brakes, the transportation of passengers in commercial motor vehicles or the
9operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested
10by an actual demonstration of driving skills. The department may endorse an
11applicant's commercial driver license for transporting hazardous materials, or the
12operation of tank vehicles or vehicles towing double or triple trailers, as described
13in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In
14administering the knowledge test, the department shall attempt to accommodate
15any special needs of the applicant.
The Except as may be required by the department
16for an "H" or "S" endorsement, the knowledge test is not intended to be a test for
17literacy or English language proficiency. This paragraph does not prohibit the
18department from requiring an applicant to correctly read and understand highway
19signs.
AB557-ASA1,63,2321
343.17
(3) (e) 1. "K" restriction, which restricts a person issued a license under
22s. 343.065
to from operating commercial motor vehicles
only within this state and not 23in interstate commerce.
AB557-ASA1,64,3
1343.21
(1) (g) For removing a "K" restriction against operation of commercial
2motor vehicles
outside this state or in interstate commerce, the same fee as for a
3duplicate license.
AB557-ASA1,64,75
343.21
(1) (jm) For reinstatement of a previously disqualified authorization to
6operate a commercial motor vehicle, $50. This fee is not applicable to
7disqualifications under s. 343.315 (2) (g).
AB557-ASA1,64,119
343.21
(1) (m) For reinstatement of a previously canceled license or
10endorsement, $50. This fee includes reinstatement of any classification or
11endorsement applied for at the same time for which the applicant is qualified.
AB557-ASA1,65,1713
343.23
(2) The department shall maintain a file for each licensee containing the
14application for license, permit or endorsement, a record of reports or abstract of
15convictions, the status of the licensee's authorization to operate different vehicle
16groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9)
17(am) and a record of any reportable accident in which the licensee has been involved,
18including specification of the type of license and endorsements issued under this
19chapter under which the licensee was operating at the time of the accident and an
20indication whether or not the accident occurred in the course of the licensee's
21employment as a law enforcement officer, fire fighter or emergency medical
22technician — paramedic or as a person engaged, by an authority in charge of the
23maintenance of the highway, in highway winter maintenance snow and ice removal
24during either a storm or cleanup following a storm. This information must be filed
25by the department so that the complete operator's record is available for the use of
1the secretary in determining whether operating privileges of such person shall be
2suspended, revoked, canceled or withheld in the interest of public safety. The record
3of suspensions, revocations and convictions that would be counted under s. 343.307
4(2)
and of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be
5maintained for at least 10 years. The record of convictions for disqualifying offenses
6under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of
7convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
8maintained permanently, except that 5 years after a licensee transfers residency to
9another state such record may be transferred to another state of licensure of the
10licensee if that state accepts responsibility for maintaining a permanent record of
11convictions for disqualifying offenses. Such reports and records may be cumulative
12beyond the period for which a license is granted, but the secretary, in exercising the
13power of revocation granted under s. 343.32 (2) may consider only those reports and
14records entered during the 4-year period immediately preceding the exercise of such
15power of revocation. For purposes of this subsection, "highway winter maintenance
16snow and ice removal" includes plowing, sanding, salting and the operation of
17vehicles in the delivery of those services.
AB557-ASA1,66,519
343.24
(2m) If the department, in maintaining a computerized operating record
20system, makes copies of its operating record file data base, or a portion thereof, on
21computer tape or other electronic media, copies of the tape or media may be furnished
22to any person on request.
The department may also furnish to any person upon
23request records on computer tape or other electronic media that contain information
24from files of uniform traffic citations or motor vehicle accidents and which were
25produced for or developed by the department for purposes related to maintenance of
1the operating record file data base. The department shall charge a fee of $3 for each
2file of vehicle operators' records
, uniform traffic citations or motor vehicle accidents 3contained in the tape or media. Nothing in this subsection requires the department
4to produce records of particular files or data in a particular format except as those
5records or data are made by the department for its purposes.
AB557-ASA1, s. 173
6Section
173. 343.245 (3) (b) 3. and 4. of the statutes are amended to read:
AB557-ASA1,66,77
343.245
(3) (b) 3. Is subject to an out-of-service order in any state;
or
AB557-ASA1,66,98
4. Has more than one operator's license, except during the 10-day period
9beginning on the date on which the employe is issued an operator's license
.; or
AB557-ASA1,66,1211
343.245
(3) (b) 5. Does not possess a valid commercial driver license properly
12endorsed to permit operation of the vehicle.
AB557-ASA1,66,1614
343.245
(4) (b) Any person who violates sub. (3) (b) shall be fined not
more than
15$5,000 less than $2,500 nor more than $10,000 or imprisoned for not more than 90
16days or both.
AB557-ASA1, s. 176
17Section
176. 343.265 (1) (intro.) of the statutes is renumbered 343.265 (1) and
18amended to read:
AB557-ASA1,66,2419
343.265
(1) The department may accept the voluntary surrender of the
20operator's license of a person who has a mental or physical disability or disease or
21a medical condition which prevents or may prevent the person from exercising
22reasonable control over a motor vehicle if the person's operating privilege is not
23subject to suspension or revocation for any reason
and if either of the following
24conditions are satisfied:.
AB557-ASA1,67,132
343.28
(1) Whenever a person is convicted of a moving traffic violation under
3chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court
4in which the conviction occurred, or the justice, judge or magistrate of a court not
5having a clerk, shall, as provided in s. 345.48, forward to the department the record
6of such conviction. The record of conviction forwarded to the department shall state
7whether the offender was involved in an accident at the time of the offense, whether
8the offender was operating a commercial motor vehicle at the time of the offense and,
9if so, whether the offender was transporting hazardous materials
or operating a
10vehicle designed to carry, or actually carrying, 16 or more passengers, including the
11driver. Whenever a person is convicted of exceeding a posted speed limit, the record
12of conviction forwarded to the department shall include the number of miles per hour
13in excess of the posted speed limit.
AB557-ASA1,67,2515
343.28
(2) Whenever a person is convicted of any offense for which s. 343.31
16makes mandatory the revocation by the secretary of such person's operating
17privilege, the court in which the conviction occurred shall require the surrender to
18it of any license then held by such person. The clerk of the court, or the justice, judge
19or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the
20department the record of conviction and any surrendered licenses. The record of
21conviction forwarded to the department shall state whether the offender was
22involved in an accident at the time of the offense, whether the offender was operating
23a commercial motor vehicle at the time of the offense and, if so, whether the offender
24was transporting hazardous materials
or operating a vehicle designed to carry, or
25actually carrying, 16 or more passengers, including the driver.
AB557-ASA1,68,102
343.305
(10) (em) One penalty for improperly refusing to submit to a test for
3intoxication regarding a person arrested for a violation of s. 346.63 (2m)
or (7) or a
4local ordinance in conformity therewith is revocation of the person's operating
5privilege for 6 months. After the first 15 days of the revocation period, the person
6is eligible for an occupational license under s. 343.10. Any such improper refusal or
7revocation for the refusal does not count as a prior refusal or a prior revocation under
8this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person shall not be
9required to submit to and comply with any assessment or driver safety plan under
10pars. (c) and (d).
AB557-ASA1, s. 181
11Section
181. 343.315 (2) (f) (intro.) of the statutes is amended to read:
AB557-ASA1,68,1912
343.315
(2) (f) (intro.) A person is disqualified for a period of 60 days from
13operating a commercial motor vehicle if convicted of 2 serious traffic violations,
or 14and 120 days if convicted of 3 serious traffic violations, arising from separate
15occurrences committed within a 3-year period while driving or operating a
16commercial motor vehicle. The
department shall consider only offenses committed
17on or after November 2, 1989 in applying 120-day period of disqualification under
18this paragraph shall be in addition to any other period of disqualification imposed
19under this paragraph. In this paragraph, "serious traffic violations" means:
AB557-ASA1,68,2321
343.315
(2) (fm) A person is disqualified for a period of 60 days from operating
22a commercial motor vehicle if convicted of violating s. 343.14 (5) or 345.17, if the
23violation relates to an application for a commercial driver license.
AB557-ASA1,69,9
1343.315
(2) (h) Except as provided in par. (i), a person is disqualified for a period
2of 90 days from operating a commercial motor vehicle if convicted of an
3out-of-service violation, or one year if convicted of 2 out-of-service violations, or 3
4years if convicted of 3 or more out-of-service violations, arising from separate
5occurrences committed within a 10-year period while driving or operating a
6commercial motor vehicle. A disqualification under this paragraph shall be in
7addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service
8violation" means violating s. 343.44 (1) by operating a commercial motor vehicle
9while ordered out-of-service under state or federal law.
AB557-ASA1,69,1811
343.315
(2) (i) If the violation listed in par. (h) occurred in the course of
12transporting hazardous materials or while operating a vehicle designed to carry, or
13actually carrying, 16 or more passengers, including the driver, the person shall be
14disqualified from operating a commercial motor vehicle for 180 days upon a first
15conviction, or for a 3-year period for a 2nd or subsequent conviction, arising from
16separate occurrences committed within a 10-year period while driving or operating
17a commercial motor vehicle. A disqualification under this paragraph shall be in
18addition to any penalty imposed under s. 343.44.
AB557-ASA1,70,620
343.315
(3) (a) Notwithstanding s. 343.39, if a person's license or operating
21privilege is revoked or suspended as the result of an offense committed after March
2231, 1992, which results in disqualification under sub. (2), the
department shall
23immediately disqualify the person from operating a commercial motor vehicle for the
24period required under sub. (2). The person's authorization to operate a commercial
25motor vehicle shall not be reinstated upon expiration of the period of revocation or
1suspension unless the period of disqualification has also expired. During any period
2of disqualification in which the person's license or operating privilege is not revoked
3or suspended, the department may issue an operator's license to the person for the
4operation of vehicles other than commercial motor vehicles.
Upon expiration of the
5period of disqualification, the person may apply for authorization to operate
6commercial motor vehicles as provided in s. 343.14.
AB557-ASA1,70,178
343.315
(3) (b) If a person's license or operating privilege is not otherwise
9revoked or suspended as the result of an offense committed after March 31, 1992,
10which results in disqualification under sub. (2) (a) to (f)
, (h) or (i), the department
11shall immediately
cancel the person's license disqualify the person from operating
12a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h) or (i).
13 Upon proper application by the person and payment of a duplicate license fee, the
14department may issue a separate license authorizing only the operation of vehicles
15other than commercial motor vehicles. Upon expiration of the period of
16disqualification, the person may apply for authorization to operate commercial
17motor vehicles under s. 343.26.
AB557-ASA1,70,2519
343.32
(4) In adopting rules for weighing traffic convictions by their
20seriousness under sub. (2), the secretary shall provide by rule for a reduction of up
21to 3 points if a person shows to the department satisfactory evidence of completion
22of a rider course approved by the secretary. This subsection applies only to demerit
23points relating to violations committed before completion of the rider course by a
24person while driving or operating a Type 1 motorcycle.
No person is eligible for more
25than one point reduction of up to 3 points under this subsection.
AB557-ASA1,71,3
2343.325 (title)
Courts to report appeals; when appeal stays suspension
3or, revocation or disqualification.
AB557-ASA1,71,145
343.325
(2) Notwithstanding ss. 343.31
, 343.315 and 343.32 and except as
6otherwise provided in sub. (4), the secretary shall not suspend or revoke a person's
7operating privilege
or disqualify a person from operating a commercial motor vehicle 8on the basis of a conviction if the secretary receives from the court in which the
9conviction occurred a certificate stating that an appeal from the conviction has been
10taken. If the secretary receives such certificate after suspension or revocation of the
11operating privilege, the operating privilege shall be reinstated without requiring
12compliance with s. 343.38. If the secretary receives the certificate after suspension
13of the operating privilege
or disqualification, the operating privilege
or authorization
14to operate a commercial motor vehicle shall be reinstated automatically.
AB557-ASA1,72,216
343.325
(3) Whenever suspension or revocation of an operating privilege
or a
17disqualification has been withheld as provided in sub. (2) and the department
18receives notice that the conviction in question has been affirmed on appeal or that
19the appeal has been dropped, the secretary shall suspend or revoke such operating
20privilege
or disqualify the person from operating a commercial motor vehicle on the
21same basis as if the appeal had not been taken, but the period of suspension
or, 22revocation
or disqualification shall run from the date of suspension
or, revocation
or
23disqualification following the affirmance of the conviction or dropping of the appeal,
24less any time the operating privilege had been suspended or revoked
or the
1authorization to operate a commercial motor vehicle had been disqualified prior to
2the receipt by the secretary of the certificate under sub. (2).
AB557-ASA1,72,104
343.325
(3m) Whenever the suspension or revocation of an operating privilege
5or a disqualification has been rescinded or withheld because of administrative
6action, an appeal, or a court order to reopen, stay or vacate a conviction, suspension
7or, revocation
or disqualification, and that suspension
or, revocation
or
8disqualification is subsequently reimposed, the period of suspension
or, revocation
9or disqualification so reimposed shall be reduced by the period of suspension
or, 10revocation
or disqualification previously served.
AB557-ASA1,72,1812
343.325
(4) If a person whose suspension
or
, revocation
or disqualification was
13stayed pursuant to sub. (2) is convicted of an offense for which revocation
or
14disqualification is mandatory under s. 343.31
or 343.315, during the pendency of the
15appeal of the original conviction, the secretary shall forthwith revoke such person's
16operating privilege
or disqualify the person from operating a commercial motor
17vehicle on account of the latter conviction, notwithstanding the appeal of either or
18both convictions.
AB557-ASA1,72,2220
343.325
(5) This section shall not prevent suspension or revocation of an
21operating privilege
or a disqualification if there are grounds for suspension
or, 22revocation
or disqualification other than the conviction in question.