AB75-ASA1,1472,22
18(7) The department shall promulgate rules specifying the standards for the
19issuance of driver cards, including standards for proof of residency and for proof of
20identification. These rules shall also apply to driver card instruction permits under
21s. 343.07 (1j). The department shall, by rule, specify applicable moving violations for
22purposes of sub. (1) (a).
AB75-ASA1, s. 2916r
23Section 2916r. 343.09 (1) (e), (6) and (7) of the statutes, as created by 2009
24Wisconsin Act .... (this act), are amended to read:
AB75-ASA1,1473,3
1343.09
(1) (e) The applicant is unable to provide the documentary proof
2described in s. 343.14 (2)
(er) (es) or otherwise satisfy the requirements under s.
3343.165.
AB75-ASA1,1473,8
4(6) Sections
343.03 (3m), 343.06 (1) (L), 343.14 (2) (bm), (br), (em), and
(er)
(es),
5343.165, 343.20 (1) (f) and (1m), and 343.234 do not apply with respect to a driver card
6issued under this section, and the incorporation or reference of any of these
7provisions in another statutory unit shall not result in the application of any of these
8provisions with respect to a driver card.
AB75-ASA1,1473,16
9(7) The department shall promulgate rules specifying the standards for the
10issuance of driver cards, including standards for proof of residency and for proof of
11identification. These rules shall also apply to driver card instruction permits under
12s. 343.07 (1j). The department shall, by rule, specify applicable moving violations for
13purposes of sub. (1) (a).
The department may not promulgate any rule that has the
14effect of imposing document storage and verification requirements similar to those
15under s. 343.165 in connection with the issuance of driver cards or driver card
16instruction permits.
AB75-ASA1,1473,2018
343.15
(4) (a) 3. A person who is a ward of the state, county
, or court and who
19has been placed in a foster home
or a treatment foster home or in the care of a
20religious welfare service.
AB75-ASA1,1475,622
343.16
(1) (a)
General. The Except when examination by a 3rd-party tester is
23permitted under pars. (b) to (c), the department shall examine every applicant for an
24operator's license, including applicants for license renewal as provided in sub. (3),
25and every applicant for authorization to operate a vehicle class or type for which the
1applicant does not hold currently valid authorization, other than an instruction
2permit. Except as provided in sub. (2) (cm) and (e), the examinations of applicants
3for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or
4"Class M" vehicles shall include both a knowledge test and an actual demonstration
5in the form of a driving skills test of the applicant's ability to exercise ordinary and
6reasonable control in the operation of a representative vehicle. The department shall
7not administer a driving skills test to a person applying for authorization to operate
8"Class M" vehicles who has failed 2 previous such skills tests unless the person has
9successfully completed a rider course approved by the department. The department
10may, by rule, exempt certain persons from the rider course requirement of this
11paragraph. The department may not require a person applying for authorization to
12operate "Class M" vehicles who has successfully completed a basic rider course
13approved by the department to hold an instruction permit under s. 343.07 (4) prior
14to the department's issuance of a license authorizing the operation of "Class M"
15vehicles. The department may not require a person applying for authorization to
16operate "Class M" vehicles who holds an instruction permit under s. 343.07 (4) to
17hold it for a minimum period of time before administering a driving skills test. The
18driving skills of applicants for endorsements authorizing the operation of
19commercial motor vehicles equipped with air brakes, the transportation of
20passengers in commercial motor vehicles or the operation of school buses, as provided
21in s. 343.04 (2) (b), (d) or (e), shall also be tested by an actual demonstration of driving
22skills. The department may endorse an applicant's commercial driver license for
23transporting hazardous materials requiring placarding or any quantity of a material
24listed as a select agent or toxin under
42 CFR 73, subject to s. 343.125, or for the
25operation of tank vehicles or vehicles towing double or triple trailers, as described
1in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In
2administering the knowledge test, the department shall attempt to accommodate
3any special needs of the applicant. Except as may be required by the department for
4an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy
5or English language proficiency. This paragraph does not prohibit the department
6from requiring an applicant to correctly read and understand highway signs.
AB75-ASA1, s. 2917r
7Section 2917r. 343.16 (1) (b) (intro.) of the statutes is amended to read:
AB75-ASA1,1475,168
343.16
(1) (b)
Third-party testing for commercial motor vehicle and school bus
9operators. (intro.) The department may contract with a person, including an agency
10or department of this state or its political subdivisions or another state, or a private
11employer of commercial motor vehicle drivers, to administer commercial motor
12vehicle skills tests required by
49 CFR 383.110 to
383.135, examinations required to
13be administered under s. 343.12 (2) (h)
, and abbreviated driving skills tests required
14by sub. (3) (b). The department may not enter into such testing contracts with a
15private driver training school or other private institution. A contract with a
163rd-party tester
under this paragraph shall include all of the following provisions:
AB75-ASA1,1475,2118
343.16
(1) (b) 2. The department, the
applicable federal
highway
19administration agency, or
its
a representative
of the applicable federal agency may
20conduct random examinations, inspections
, and audits of the 3rd-party tester
21without any prior notice.
AB75-ASA1,1476,323
343.16
(1) (bm)
Third-party testing for other vehicle operators. The department
24may contract with any law enforcement agency, other than a local law enforcement
25agency of a municipality in which an examining station of the department is located,
1to administer knowledge, driving skills, and eyesight tests required by par. (a) and
2sub. (2) (b) and (c) for authorization to operate "Class D" vehicles. A contract with
3a 3rd-party tester under this paragraph shall include all of the following provisions:
AB75-ASA1,1476,54
1. All tests conducted by the 3rd-party tester shall be the same as those given
5by the department.
AB75-ASA1,1476,76
2. The department or its representative may conduct random examinations,
7inspections, and audits of the 3rd-party tester without any prior notice.
AB75-ASA1,1476,128
3. The department may conduct an on-site inspection of the 3rd-party tester
9to determine compliance with the contract and with department and federal
10standards for testing applicants for operators' licenses to operate "Class D" vehicles.
11The department may also evaluate testing given by the 3rd-party tester by one of the
12following means:
AB75-ASA1,1476,1413
a. Department employees may take the tests actually administered by the
143rd-party tester as if the department employees were applicants.
AB75-ASA1,1476,1615
b. The department may retest a sample of drivers who were tested by the
163rd-party tester to compare the pass and fail results.
AB75-ASA1,1476,2117
4. Examiners of the 3rd-party tester shall meet the same qualifications and
18training standards as the department's license examiners to the extent established
19by the department as necessary to satisfactorily perform the knowledge, driving
20skills, and eyesight tests required by par. (a) and sub. (2) (b) and (c) for authorization
21to operate "Class D" vehicles.
AB75-ASA1,1477,222
5. The department shall take prompt and appropriate remedial action against
23the 3rd-party tester in the event that the tester fails to comply with department or
24federal standards for testing for operators' licenses to operate "Class D" vehicles or
1with any provision of the contract, including immediate termination of testing by the
23rd-party tester.
AB75-ASA1,1477,75
343.17
(1) License issuance. Subject to
s. ss. 343.09 and 343.165, the
6department shall issue an operator's license and endorsements, as applied for, to
7every qualifying applicant who has paid the required fees.
AB75-ASA1,1477,109
343.17
(3) (a) 14. For a driver card issued under s. 343.09, the information
10specified in s. 343.09 (2).
AB75-ASA1,1477,2512
343.19
(1) If a license issued under this chapter or an identification card issued
13under s. 343.50 is lost or destroyed or the name or address named in the license or
14identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13.
15no longer applies, the person to whom the license or identification card was issued
16may obtain a duplicate thereof or substitute therefor upon furnishing proof
17satisfactory to the department of name and date of birth and that the license or
18identification card has been lost or destroyed or that application for a duplicate
19license or identification card is being made for a change of address or name or
20because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies.
If 21Except with respect to a driver card or driver card instruction permit, if the applicant
22is a male who is at least 18 years of age but less than 26 years of age, the application
23shall include the information required under s. 343.14 (2) (em). If the original license
24or identification card is found it shall immediately be transmitted to the department.
25Duplicates of nonphoto licenses shall be issued as nonphoto licenses.
AB75-ASA1,1478,153
343.19
(1) If a license issued under this chapter or an identification card issued
4under s. 343.50 is lost or destroyed or the name or address named in the license or
5identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13.
6no longer applies, the person to whom the license or identification card was issued
7may obtain a duplicate thereof or substitute therefor upon furnishing proof
8satisfactory to the department of full legal name and date of birth and that the license
9or identification card has been lost or destroyed or that application for a duplicate
10license or identification card is being made for a change of address or name or
11because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies. Except
12with respect to a driver card or driver card instruction permit, if the applicant is a
13male who is at least 18 years of age but less than 26 years of age, the application shall
14include the information required under s. 343.14 (2) (em). If the original license or
15identification card is found it shall immediately be transmitted to the department.
AB75-ASA1,1478,2517
343.20
(2) (b) Notwithstanding par. (a), at least
180 60 days prior to the
18expiration of an "H" endorsement specified in s. 343.17 (3) (d) 1m., the department
19of transportation shall mail a notice to the last-known address of the licensee that
20the licensee is required to pass a security threat assessment screening by the federal
21transportation security administration of the federal department of homeland
22security as part of the application to renew the endorsement. The notice shall inform
23the licensee that the licensee may commence the federal security threat assessment
24screening at any time, but no later than
90 30 days before expiration of the
25endorsement.
AB75-ASA1,1479,52
343.21
(1) (n) In addition to any other fee under this subsection, for the
3issuance, renewal, upgrading, or reinstatement of any license, endorsement, or
4instruction permit, a
federal security verification mandate license issuance fee of
5$10.
AB75-ASA1,1480,67
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
8the department so that the complete operator's record is available for the use of the
9secretary in determining whether operating privileges of such person shall be
10suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
11of public safety. The record of suspensions, revocations, and convictions that would
12be counted under s. 343.307 (2) shall be maintained permanently, except that the
13department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
14(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
15violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
16time of the violation, if the person does not have a commercial driver license, if the
17violation was not committed by a person operating a commercial motor vehicle, and
18if the person has no other suspension, revocation, or conviction that would be counted
19under s. 343.307 during that 10-year period. The record of convictions for
20disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
21years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f)
and, 22(j),
and (L), and all records specified in par. (am), shall be maintained for at least 3
23years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to
24(e) shall be maintained permanently, except that 5 years after a licensee transfers
25residency to another state such record may be transferred to another state of
1licensure of the licensee if that state accepts responsibility for maintaining a
2permanent record of convictions for disqualifying offenses. Such reports and records
3may be cumulative beyond the period for which a license is granted, but the secretary,
4in exercising the power of suspension granted under s. 343.32 (2) may consider only
5those reports and records entered during the 4-year period immediately preceding
6the exercise of such power of suspension.
AB75-ASA1,1481,99
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
10the department so that the complete operator's record is available for the use of the
11secretary in determining whether operating privileges of such person shall be
12suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
13of public safety. The record of suspensions, revocations, and convictions that would
14be counted under s. 343.307 (2) shall be maintained permanently, except that the
15department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
16(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
17violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
18time of the violation, if the person does not have a commercial driver license, if the
19violation was not committed by a person operating a commercial motor vehicle, and
20if the person has no other suspension, revocation, or conviction that would be counted
21under s. 343.307 during that 10-year period. The record of convictions for
22disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
23years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j),
24and (L), and all records specified in par. (am), shall be maintained for at least 3 years.
25The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall
1be maintained permanently, except that 5 years after a licensee transfers residency
2to another state such record may be transferred to another state of licensure of the
3licensee if that state accepts responsibility for maintaining a permanent record of
4convictions for disqualifying offenses. Such reports and records may be cumulative
5beyond the period for which a license is granted, but the secretary, in exercising the
6power of suspension granted under s. 343.32 (2) may consider only those reports and
7records entered during the 4-year period immediately preceding the exercise of such
8power of suspension. The department shall maintain the digital images of
9documents specified in s. 343.165 (2) (a) for at least 10 years.
AB75-ASA1,1481,1611
343.23
(4) (a)
Any Notwithstanding subs. (1) and (2) (b), any record of an
12administrative suspension upon receipt of a report from the court hearing the action
13arising out of the same incident or occurrence that the action has been dismissed or
14the person has been found innocent of the charge arising out of that incident or
15occurrence
, except that the record of an administrative suspension for a person
16holding a commercial driver license may be purged only upon receipt of a court order.
AB75-ASA1, s. 2926
17Section
2926. 343.24 (2) (intro.) of the statutes is amended to read:
AB75-ASA1,1481,2018
343.24
(2) (intro.)
The Except as provided in pars. (b) and (c), the department
19shall charge the following fees
to any person for conducting searches of vehicle
20operators' records:
AB75-ASA1,1481,2322
343.24
(2) (b) For each computerized search, $5.
The department may not
23charge this fee to any governmental unit, as defined in s. 895.51 (1) (dm).
AB75-ASA1,1482,3
1343.24
(2) (c) For each search requested by telephone, $6, or an established
2monthly service rate determined by the department.
The department may not
3charge this fee to any governmental unit, as defined in s. 895.51 (1) (dm).
AB75-ASA1,1482,55
343.24
(2) (d) For providing a paper copy of an abstract, $2.
AB75-ASA1,1482,97
343.245
(4) (b) Any person who violates sub. (3) (b) shall be fined not less than
8$2,500 $2,750 nor more than
$10,000 $25,000 or imprisoned for not more than 90
9days or both.
AB75-ASA1, s. 2931
10Section
2931. 343.315 (1) of the statutes is renumbered 343.315 (1m).
AB75-ASA1,1482,1312
343.315
(1g) Definition. In this section, "engaged in commercial motor
13vehicle-related activities" means all of the following:
AB75-ASA1,1482,1414
(a) Operating or using a commercial motor vehicle.
AB75-ASA1,1482,1915
(b) Operating or using any motor vehicle on or after September 30, 2005, if the
16person operating or using the vehicle has ever held a commercial driver license, has
17ever operated a commercial motor vehicle on a highway, or has ever been convicted
18of a violation related to, or been disqualified from, operating a commercial motor
19vehicle.
AB75-ASA1, s. 2933
20Section
2933. 343.315 (2) (a) (intro.) of the statutes is amended to read:
AB75-ASA1,1483,221
343.315
(2) (a) (intro.) Except as provided in
par. pars. (b)
and (bm), a person
22shall be disqualified from operating a commercial motor vehicle for a one-year period
23upon a first conviction of any of the following offenses
, committed on or after July 1,
241987, while
driving or operating a commercial motor vehicle or committed on or after
1September 30, 2005, while driving or operating any motor vehicle engaged in
2commercial motor-vehicle related activities:
AB75-ASA1,1483,114
343.315
(2) (a) 5. Section 343.305
(7) or (9) or a local ordinance in conformity
5therewith or a law of a federally recognized American Indian tribe or band in this
6state in conformity with s. 343.305
(7) or (9) or the law of another jurisdiction
7prohibiting refusal of a person driving or operating a motor vehicle to submit to
8chemical testing to determine the person's alcohol concentration or intoxication or
9the amount of a restricted controlled substance in the person's blood,
or prohibiting
10positive results from such chemical testing, as those or substantially similar terms
11are used in that jurisdiction's laws.
AB75-ASA1,1483,1413
343.315
(2) (a) 8. Causing a fatality through negligent or criminal operation
14of a
commercial motor vehicle.
AB75-ASA1,1483,2016
343.315
(2) (am) Except as provided in par. (b), a person shall be disqualified
17from operating a commercial motor vehicle for a one-year period upon a first
18conviction of causing a fatality through negligent or criminal operation of a motor
19vehicle, committed on or after July 1, 1987, and before September 30, 2005, while
20driving or operating any motor vehicle.
AB75-ASA1,1484,222
343.315
(2) (b) If any of the violations listed in par. (a)
or (am) occurred in the
23course of transporting hazardous materials requiring placarding or any quantity of
24a material listed as a select agent or toxin under
42 CFR 73 on or after July 1, 1987,
1the person shall be disqualified from operating a commercial motor vehicle for a
23-year period.
AB75-ASA1,1484,74
343.315
(2) (bm) The period of disqualification under par. (a) for a
5disqualification imposed under par. (a) 5. shall be reduced by any period of
6suspension, revocation, or disqualification under this chapter previously served for
7an offense if all of the following apply:
AB75-ASA1,1484,98
1. The offense arises out of the same incident or occurrence giving rise to the
9disqualification.
AB75-ASA1,1484,1210
2. The offense relates to a vehicle operator's alcohol concentration or
11intoxication or the amount of a restricted controlled substance in the operator's
12blood.
AB75-ASA1,1484,1814
343.315
(2) (c) A person shall be disqualified for life from operating a
15commercial motor vehicle if convicted of 2 or more violations of any of the offenses
16listed in par. (a)
or (am), or any combination of those offenses, arising from 2 or more
17separate incidents. The department shall consider only offenses committed on or
18after July 1, 1987, in applying this paragraph.
AB75-ASA1,1485,220
343.315
(2) (e) A person is disqualified for life from operating a commercial
21motor vehicle if
the person uses a commercial motor vehicle on or after July 1, 1987,
22or uses any motor vehicle on or after September 30, 2005, in the commission of a
23felony involving the manufacture, distribution, delivery
, or dispensing of a controlled
24substance or controlled substance analog, or possession with intent to manufacture,
25distribute, deliver
, or dispense a controlled substance or controlled substance analog
,
1the person is engaged in commercial motor vehicle-related activities. No person who
2is disqualified under this paragraph is eligible for reinstatement under par. (d).
AB75-ASA1, s. 2941
3Section
2941. 343.315 (2) (f) (intro.) of the statutes is amended to read:
AB75-ASA1,1485,164
343.315
(2) (f) (intro.) A person is disqualified for a period of 60 days from
5operating a commercial motor vehicle if convicted of 2 serious traffic violations, and
6120 days if convicted of 3 serious traffic violations, arising from separate occurrences
7committed within a 3-year period while driving or operating a commercial motor
8vehicle or while driving or operating any motor vehicle if the person holds a
9commercial driver license. The 120-day period of disqualification under this
10paragraph shall be in addition to any other period of disqualification imposed under
11this paragraph. In this paragraph, "serious traffic violations" means any of the
12following offenses committed while
operating a commercial motor vehicle, or any of
13the following offenses committed while operating any motor vehicle if the offense
14results in the revocation, cancellation, or suspension of the person's operator's
15license or operating privilege engaged in commercial motor vehicle-related
16activities:
AB75-ASA1,1485,2218
343.315
(2) (f) 2. Violating any state or local law of this state or any law of a
19federally recognized American Indian tribe or band in this state in conformity with
20any state law or any law of another jurisdiction relating to motor vehicle traffic
21control, arising in connection with a fatal accident, other than parking, vehicle
22weight or vehicle defect violations, or violations described in par. (a) 8.
or (am).
AB75-ASA1,1486,324
343.315
(2) (fm) A person is disqualified for a period of 60 days from operating
25a commercial motor vehicle if
the person is convicted of violating s. 343.14 (5) or
1345.17
, if and the violation
of s. 343.14 (5) or 345.17 relates to an application for a
2commercial driver license
or if the person's commercial driver license is cancelled by
3the secretary under s. 343.25 (1) or (5).
AB75-ASA1,1486,175
343.315
(2) (h) Except as provided in par. (i), a person
is shall be disqualified
6for a period of 90 days from operating a commercial motor vehicle if convicted of an
7out-of-service violation, or
one year 2 years if convicted of 2 out-of-service
8violations, or 3 years if convicted of 3 or more out-of-service violations, arising from
9separate occurrences committed within a 10-year period while
driving or operating
10a commercial motor vehicle. A disqualification under this paragraph shall be in
11addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service
12violation" means violating s. 343.44 (1) (c)
or a law of another jurisdiction for an
13offense therein which, if committed in this state, would have been a violation of s.
14343.44 (1) (c), by operating a commercial motor vehicle while the operator or vehicle
15is ordered out-of-service under
the law of this state or
another jurisdiction or under 16federal law
, if the operator holds a commercial driver license or is required to hold
17a commercial driver license to operate the commercial motor vehicle.
AB75-ASA1,1487,219
343.315
(2) (i) If the violation listed in par. (h) occurred in the course of
20transporting hazardous materials requiring placarding or any quantity of a material
21listed as a select agent or toxin under
42 CFR 73, or while operating a vehicle
22designed to carry, or actually carrying, 16 or more passengers, including the driver,
23the person shall be disqualified from operating a commercial motor vehicle for 180
24days upon a first conviction, or for
a 3-year period
3 years for a 2nd or subsequent
25conviction, arising from separate occurrences committed within a 10-year period
1while
driving or operating a commercial motor vehicle. A disqualification under this
2paragraph shall be in addition to any penalty imposed under s. 343.44.
AB75-ASA1, s. 2946
3Section
2946. 343.315 (2) (j) (intro.) of the statutes is amended to read:
AB75-ASA1,1487,114
343.315
(2) (j) (intro.) A person is disqualified for a period of 60 days from
5operating a commercial motor vehicle if convicted of a railroad crossing violation, or
6120 days if convicted of 2 railroad crossing violations or one year if convicted of 3 or
7more railroad crossing violations, arising from separate occurrences committed
8within a 3-year period while driving or operating a commercial motor vehicle. In this
9paragraph, "railroad crossing violation" means a violation of a federal, state, or local
10law, rule, or regulation
, or the law of another jurisdiction, relating to any of the
11following offenses at a railroad crossing:
AB75-ASA1,1487,2013
343.315
(2) (L) If the department receives notice from another jurisdiction of
14a failure to comply violation by a person issued a commercial driver license by the
15the department arising from the person's failure to appear to contest a citation issued
16in that jurisdiction or failure to pay a judgment entered against the person in that
17jurisdiction, the person is disqualified from operating a commercial motor vehicle
18until the department receives notice from the other jurisdiction terminating the
19failure to comply violation except that the disqualification may not be less than 30
20days nor more than 2 years.
AB75-ASA1,1488,622
343.315
(3) (b) If a person's license or operating privilege is not otherwise
23revoked or suspended as the result of an offense committed after March 31,
1992,
24which results in disqualification under sub. (2) (a) to (f), (h)
, (i), or to (j),
or (L), the
25department shall immediately disqualify the person from operating a commercial
1motor vehicle for the period required under sub. (2) (a) to (f), (h)
, (i), or to (j)
, or (L).
2Upon proper application by the person and payment of the fees specified in s. 343.21
3(1) (L) and (n), the department may issue a separate license authorizing only 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 under s. 343.26.