AB52-ASA2,2,311
121.41
(2) Fees. A school board
or the technical college system board may
12establish and collect reasonable fees for any driver education program or part of a
1program which is neither required for nor credited toward graduation. The school
2board
or the technical college system board may waive any fee established under this
3subsection for any indigent pupil.
AB52-ASA2, s. 2
4Section
2. 343.06 (1) (cm) of the statutes is created to read:
AB52-ASA2,2,165
343.06
(1) (cm) To operate "Class D" vehicles to any person under 18 years of
6age, unless the person has accumulated at least 50 hours of behind-the-wheel
7driving experience, at least 10 hours of which were during hours of darkness. Each
8hour of behind-the-wheel driving experience while accompanied by a qualified
9instructor, as defined in s. 343.07 (5), shall be considered to be 2 hours of
10behind-the-wheel driving experience, except that no more than 5 hours of
11behind-the-wheel driving experience while accompanied by a qualified instructor
12may be counted in this manner. This paragraph does not apply to applicants for a
13restricted license under s. 343.08 or a special restricted operator's license under s.
14343.135. The department may promulgate rules that waive the requirement of
15accumulating at least 50 hours of behind-the-wheel experience for qualified
16applicants who are licensed by another jurisdiction to operate "Class D" vehicles.
AB52-ASA2, s. 3
17Section
3. 343.07 (1) (a) and (b) of the statutes are consolidated, renumbered
18343.07 (1) (a) (intro.) and amended to read:
AB52-ASA2,2,2519
343.07
(1) (a) (intro.)
If the permittee is at least 16 years of age, the permittee
20shall not Except as provided in this subsection, no permittee may operate a motor
21vehicle unless accompanied by a
qualified instructor, or a licensed person
with who
22has at least 2 years of licensed driving experience, who presently holds a valid
23regular license,
occupying as defined in s. 343.03 (3) (a), who occupies the seat beside
24the permittee
. No other passengers are allowed in the vehicle except as provided in
25par. (c) or (cm). (b) and who is one of the following:
AB52-ASA2,3,5
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-ASA2,3,9
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-ASA2,3,15
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-ASA2, s. 5
17Section
5. 343.07 (3) of the statutes is amended to read:
AB52-ASA2,3,2318
343.07
(3) Duration; cancellation. An instruction permit
shall be to operate
19vehicles other than commercial motor vehicles or school buses is valid for
6 12 20months except that it may be canceled upon receipt of information, by the secretary,
21of noncompletion or unsatisfactory completion of a driver education and training
22course by a permittee under the age of 18.
An instruction permit to operate
23commercial motor vehicles or school buses is valid for 6 months.
AB52-ASA2, s. 6
24Section
6. 343.085 (1) of the statutes is renumbered 343.085 (1) (a) and
25amended to read:
AB52-ASA2,4,4
1343.085
(1) (a) Except as provided in
par. (b) and sub. (2), the department shall
2issue a probationary license to all applicants for an original license. The
3probationary license shall remain in effect
during the entire period of the first
4issuance of the original license as provided in s. 343.20 (1) (a).
AB52-ASA2, s. 7
5Section
7. 343.085 (1) (b) of the statutes is created to read:
AB52-ASA2,4,136
343.085
(1) (b) The department may not issue a probationary license to operate
7"Class D" vehicles under this section to an applicant who is under 18 years of age
8unless the applicant has held an instruction permit issued under s. 343.07 for not less
9than 6 months and, during the 6-month period immediately preceding application,
10has not committed a moving violation, specified by the department by rule, resulting
11in a conviction. The department may promulgate rules to waive the requirement of
12holding an instruction permit for not less than 6 months for qualified applicants who
13are licensed by another jurisdiction to operate "Class D" vehicles.
AB52-ASA2, s. 8
14Section
8. 343.085 (2m) of the statutes is created to read:
AB52-ASA2,4,1715
343.085
(2m) (a) Except as provided in this subsection, during the 9-month
16period after issuance of a probationary license under this section, no licensee under
1718 years of age may operate a "Class D" vehicle upon a highway in this state:
AB52-ASA2,4,2018
1. Whenever any person, other than the licensee or a member of the licensee's
19immediate family or a person who meets the requirements under s. 343.07 (1) (a), is
20in the motor vehicle.
AB52-ASA2,4,2421
2. Between the hours of 12 midnight and 5 a.m., unless the licensee's parent
22or guardian, or a person who meets the requirements under s. 343.07 (1) (a), occupies
23the seat beside the licensee, or unless the licensee is traveling between his or her
24place of residence, school or place of employment.
AB52-ASA2,5,2
1(am) 1. Paragraph (a) does not apply to any licensee to whom all of the following
2apply:
AB52-ASA2,5,43
a. The licensee is operating the motor vehicle in the service of an organized
4program that, without compensation, transports teenagers to their homes.
AB52-ASA2,5,85
b. The licensee possesses documentation that identifies the program and the
6licensee and that authorizes the licensee to operate a motor vehicle in service of the
7program on the date and time of the operation. The documentation is valid only if
8signed by a person who is at least 25 years of age and associated with the program.
AB52-ASA2,5,129
c. The licensee is accompanied by another licensee, other than a teenager who
10is being transported, who is in the motor vehicle in the service of the program
11described in subd. 1. a. and who possesses the documentation described in subd. 1.
12b.
AB52-ASA2,5,1413
d. The licensee is accompanied by not more than 3 passengers in the vehicle.
14The licensee described in subd. 1. c. shall not be counted under this subd. 1. d.
AB52-ASA2,5,1915
2. Paragraph (a) does not apply to any licensee operating the motor vehicle to
16or from a program described in subd. 1. a., if the licensee possesses documentation
17described in subd. 1. b. A licensee described in this subdivision may be accompanied
18by any number of persons also traveling to or from a program described in subd. 1.
19a.
AB52-ASA2,5,2320
(b) 1. The department shall extend the restrictions under par. (a) for an
21additional 6-month period or until the licensee's 18th birthday, whichever occurs
22earlier, if any of the following occurs while the licensee is subject to the restrictions
23under par. (a):
AB52-ASA2,5,2524
a. The licensee commits a moving violation specified by the department by rule,
25resulting in a conviction of the licensee.
AB52-ASA2,6,1
1b. The licensee violates par. (a).
AB52-ASA2,6,32
c. A court or the department suspends or revokes the licensee's operating
3privilege for any reason other than a mental or physical disability.
AB52-ASA2,6,64
2. If the department extends a restriction period under subd. 1., the
5department shall immediately provide notice of the extension by 1st class mail to the
6person's last-known residence address.
AB52-ASA2,6,87
(c) A period of restriction under this subsection does not run while a person's
8operating privilege is suspended or revoked.
AB52-ASA2,6,109
(d) The restrictions under this subsection apply until the period of restriction
10expires or until the licensee reaches 18 years of age, whichever occurs first.
AB52-ASA2,6,1411
(e) Nothing in this subsection may be construed to create a separate cause of
12action against the parent or guardian of a probationary licensee under this
13subsection or against the owner of any vehicle operated by a probationary licensee
14under this section.
AB52-ASA2, s. 9
15Section
9. 343.085 (3) of the statutes is amended to read:
AB52-ASA2,6,2516
343.085
(3) The secretary may suspend a person's operating privilege under
17this section when such person has been assigned sufficient demerit points after
18conviction for traffic violations to require suspension under the rule adopted under
19sub. (5) and either holds a license issued under this section or by age comes under
20this section. The secretary may revoke such a person's operating privilege under this
21section if such person has a previous suspension under this section.
This subsection
22applies only to a person holding a probationary license issued before the effective
23date of this subsection .... [revisor inserts date]. This subsection does not apply on
24or after the first day of the 37th month beginning after the effective date of the
25subsection .... [revisor inserts date].
AB52-ASA2,7,112
343.085
(5) For the purpose of determining when to suspend or to continue a
3person on probationary status, the secretary may determine and adopt by rule a
4method of weighing traffic convictions by their seriousness and may change such
5weighted scale from time to time as experience or the accident frequency in the state
6makes necessary or desirable. Such scale may be weighted differently for this
7licensee than the scale used to determine revocations under s. 343.32.
This
8subsection applies only to a person holding a probationary license issued before the
9effective date of this subsection .... [revisor inserts date]. This subsection does not
10apply on or after the first day of the 37th month beginning after the effective date
11of the subsection .... [revisor inserts date].
AB52-ASA2, s. 11
12Section
11. 343.21 (1) (i) of the statutes is amended to read:
AB52-ASA2,7,1413
343.21
(1) (i) Except as provided in par. (im)
or (ir), for an instruction permit,
14$20.
AB52-ASA2, s. 12
15Section
12. 343.21 (1) (ir) of the statutes is created to read:
AB52-ASA2,7,1716
343.21
(1) (ir) For an instruction permit authorizing the operation of "Class D"
17vehicles, $25.
AB52-ASA2, s. 13
18Section
13. 343.32 (2) (bc) of the statutes is created to read:
AB52-ASA2,7,2119
343.32
(2) (bc) The scale adopted by the secretary shall assess to the following
20person, for each conviction, twice the number of demerit points that are assessed for
21the same offense to a person who holds a regular license:
AB52-ASA2,7,2222
1. A person who holds a probationary license.
AB52-ASA2,7,2323
2. An unlicensed person who would hold a probationary license if licensed.
AB52-ASA2,7,2424
3. A person who holds an instruction permit under s. 343.07.
AB52-ASA2, s. 14
1Section
14
. 343.32 (2) (c) of the statutes is renumbered 343.32 (2) (c) 1. and
2amended to read:
AB52-ASA2,8,53
343.32
(2) (c) 1.
In Except as provided in subd. 2., in order for the secretary to
4suspend or revoke an operating privilege under this subsection, the operator must
5have accumulated 12 demerit points in any 12-month period.
AB52-ASA2, s. 15
6Section
15. 343.32 (2) (c) 2. of the statutes is created to read:
AB52-ASA2,8,107
343.32
(2) (c) 2. The secretary shall suspend, for a period of 6 months, the
8operating privilege of any person who holds a probationary license issued on or after
9the effective date of this subdivision .... [revisor inserts date], and who has
10accumulated 12 demerit points in any 12-month period.
AB52-ASA2, s. 16
11Section
16. 347.48 (2m) (gm) of the statutes is amended to read:
AB52-ASA2,8,2212
347.48
(2m) (gm) Notwithstanding s. 349.02, a law enforcement officer may not
13stop or inspect a vehicle solely to determine compliance with this subsection or sub.
14(1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules
15of the department
, unless the person operating the vehicle reasonably appears to be
16under 18 years of age. This paragraph does not limit the authority of a law
17enforcement officer to issue a citation for a violation of this subsection or sub. (1) or
18(2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of
19the department observed in the course of a stop or inspection made for other
20purposes, except that a law enforcement officer may not take a person into physical
21custody solely for a violation of this subsection or sub. (1) or (2) or a local ordinance
22in conformity with this subsection, sub. (1) or (2) or rules of the department.
AB52-ASA2,9,924
(1)
Offenses requiring an extension of a probationary licensee's restriction
25period. Not later than the first day of the 4th month beginning after the effective
1date of this subsection, the secretary of transportation shall submit in proposed form
2rules required under section 343.085 (2m) (b) 1. a. of the statutes, as created by this
3act, to the legislative council staff under section 227.15 (1) of the statutes. The rules
4may not propose to extend a period of restriction under section 343.085 (2m) (b) of
5the statutes, as created by this act, for a violation of section 343.05 (1) or (3), 343.12
6(1), 346.595 (1) or (6), 347.20, 347.28, 347.29 (1), 347.38 (1), (2) or (4), 347.40, 347.42,
7347.46, 347.47, 347.485 (2), 347.486 (2), 347.487 or 347.488 of the statutes, nor for
8operating a motor vehicle with an operating privilege that is suspended or revoked
9or with an operator's license that is expired.
AB52-ASA2,9,1511
(1)
Instructional permits and probationary licenses. (a) The treatment of
12sections 343.085 (2m) and 343.32 (2) (bc) of the statutes, the renumbering and
13amendment of section 343.085 (1) and 343.32 (2) (c) of the statutes and the creation
14of sections 343.085 (1) (b) and 343.32 (2) (c) 2. of the statutes first apply to licenses
15and permits applied for on the effective date of this paragraph.
AB52-ASA2,9,1816
(b) The treatment of sections 343.06 (1) (cm), 343.07 (1) (a), (b) and (c) and (3)
17and 343.21 (1) (i) and (ir) of the statutes first applies to licenses and permits applied
18for on the effective date of this paragraph.
AB52-ASA2,9,2019
(2)
Safety belts. The treatment of section 347.48 (2m) (gm) of the statutes first
20applies to vehicles stopped or inspected on the effective date of this subsection.
AB52-ASA2,9,2321
(3)
Demerit points assessed to probationary licenses. The treatment of
22section 343.32 (2) (bc) of the statutes first applies to persons holding probationary
23licenses first issued after the effective date of this subsection.
AB52-ASA2, s. 19
24Section
19.
Effective dates. This act takes effect on the first day of the 4th
25month beginning after publication, except as follows:
AB52-ASA2,10,1
1(1)
Section 17 (1
) of this act takes effect on the day after publication.
AB52-ASA2,10,62
(2)
The treatment of sections 343.085 (2m), (3) and (5) and 343.32 (2) (bc) of the
3statutes, the renumbering and amendment of sections 343.085 (1) and 343.32 (2) (c)
4of the statutes, the creation of sections 343.085 (1) (b) and 343.32 (2) and (c) 2. of the
5statutes and
Section 18 (1) (a
) of this act take effect on the first day of the 10th month
6beginning after publication, or on July 1, 2000, whichever is later.