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.
AB75-ASA1,1488,158
343.315
(3) (bm) Notwithstanding pars. (a) and (b) and the time periods for
9disqualification specified in sub. (2), if a person is convicted in another jurisdiction
10of a disqualifying offense specified in sub. (2) while the person is not licensed in or
11a resident of this state, that other jurisdiction disqualified the person from operating
12a commercial motor vehicle as a result of the conviction, and the period of
13disqualification in that other jurisdiction has expired, the department may not
14disqualify the person from operating a commercial motor vehicle as a result of the
15conviction.
AB75-ASA1, s. 2950
16Section
2950. 343.35 (1) (a) of the statutes is renumbered 343.35 (1) and
17amended to read:
AB75-ASA1,1488,2218
343.35
(1) Except as provided in par. (b), the The department may order any
19person whose operating privilege has been canceled, revoked or suspended to
20surrender his or her license or licenses to the department. The department may
21order any person who is in possession of a canceled, revoked or suspended license of
22another to surrender the license to the department.
AB75-ASA1,1489,2
1343.43
(1) (a)
Except as provided in s. 343.35 (1) (b), represent Represent as
2valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or
AB75-ASA1,1489,74
343.44
(1) (c)
Operating while ordered out-of-service. No person may operate
5a commercial motor vehicle while the person or the commercial motor vehicle is
6ordered out-of-service under
the law of this state or
another jurisdiction or under 7federal law.
AB75-ASA1,1489,139
343.44
(2) (as) Any person who violates sub. (1) (b) after July 27, 2005, shall
10forfeit not more than $2,500, except that
, if the person has been convicted of a
11previous violation of sub. (1) (b) within the preceding 5-year period or if the
12revocation identified under sub. (1) (b) resulted from an offense that may be counted
13under s. 343.307 (2), the penalty under par. (b) shall apply.
AB75-ASA1,1489,1915
343.44
(2) (bm) Any person who violates sub. (1) (c) shall
be fined not less than 16$1,100 nor more than $2,750 or imprisoned for not more than one year in the county
17jail or both. In imposing a sentence under this paragraph, the court shall review the
18record and consider the factors specified in par. (b) 1. to 5.
forfeit $2,500 for the first
19offense and $5,000 for the 2nd or subsequent offense within 10 years.
AB75-ASA1,1489,2521
343.44
(4r) Violation of out-of-service order. In addition to other penalties
22for violation of this section, if a person has violated this section after
he or she the
23person or the commercial motor vehicle operated by the person was ordered
24out-of-service under
the law of this state or
another jurisdiction or under federal
25law, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).
AB75-ASA1, s. 2957
1Section
2957. 343.50 (5) of the statutes is renumbered 343.50 (5) (a) 1. and
2amended to read:
AB75-ASA1,1490,53
343.50
(5) (a) 1.
The Except as provided in subd. 2., the fee for an original card
4and for the reinstatement of an identification card after cancellation under sub. (10)
5shall be $18.
AB75-ASA1,1490,14
6(b) The card shall be valid for the succeeding period of 8 years from the
7applicant's next birthday after the date of issuance, except that a card that is issued
8to a person who is not a United States citizen and who provides documentary proof
9of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the
10person's legal presence in the United States is no longer authorized. If the
11documentary proof as provided under s. 343.14 (2) (er) does not state the date that
12the person's legal presence in the United States is no longer authorized, then the card
13shall be valid for the succeeding period of 8 years from the applicant's next birthday
14after the date of issuance.
AB75-ASA1,1490,1917
343.50
(5) (a) 1. Except as provided in subd. 2., the fee for an original card, for
18renewal of a card, and for the reinstatement of an identification card after
19cancellation under sub. (10) shall be $18.
AB75-ASA1,1490,2120
2. The department may not charge a fee to an applicant for the initial issuance
21of an identification card if any of the following apply:
AB75-ASA1,1490,2522
a. The department has canceled the applicant's valid operator's license after
23a special examination under s. 343.16 (5) and, at the time of cancellation, the
24expiration date for the canceled license was not less than 6 months after the date of
25cancellation.
AB75-ASA1,1491,4
1b. The department has accepted the applicant's voluntary surrender of a valid
2operator's license under s. 343.265 (1) and, at the time the department accepted
3surrender, the expiration date for the surrendered license was not less than 6 months
4after the date that the department accepted surrender.
AB75-ASA1,1491,85
(b) Except as provided in par. (c) and s. 343.165 (4) (c), an original or reinstated
6card shall be valid for the succeeding period of 8 years from the applicant's next
7birthday after the date of issuance, and a renewed card shall be valid for the
8succeeding period of 8 years from the card's last expiration date.
AB75-ASA1,1491,199
(c) Except as provided in s. 343.165 (4) (c) and as otherwise provided in this
10paragraph, an identification card that is issued to a person who is not a United States
11citizen and who provides documentary proof of legal status as provided under s.
12343.14 (2) (es) shall expire on the date that the person's legal presence in the United
13States is no longer authorized or on the expiration date determined under par. (b),
14whichever date is earlier. If the documentary proof as provided under s. 343.14 (2)
15(es) does not state the date that the person's legal presence in the United States is
16no longer authorized, then the card shall be valid for the period specified in par. (b)
17except that, if the card was issued or renewed based upon the person's presenting of
18any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall, subject
19to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.
AB75-ASA1,1491,2221
343.50
(5) (a) 2. The department may not charge a fee to an applicant for the
22initial issuance of an identification card if any of the following apply:
AB75-ASA1,1492,223
a. The department has canceled the applicant's valid operator's license after
24a special examination under s. 343.16 (5) and, at the time of cancellation, the
1expiration date for the canceled license was not less than 6 months after the date of
2cancellation.
AB75-ASA1,1492,63
b. The department has accepted the applicant's voluntary surrender of a valid
4operator's license under s. 343.265 (1) and, at the time the department accepted
5surrender, the expiration date for the surrendered license was not less than 6 months
6after the date that the department accepted surrender.
AB75-ASA1,1492,138
343.50
(5m) Federal security verification mandate Card issuance fee. In
9addition to any other fee under this section, for the issuance of an original
10identification card or duplicate identification card or for the renewal or
11reinstatement of an identification card after cancellation under sub. (10), a
federal
12security verification mandate card issuance fee of $10 shall be paid to the
13department.
AB75-ASA1, s. 2961
14Section
2961
. 343.50 (5m) of the statutes, as affected by 2009 Wisconsin Act
15.... (this act), is amended to read:
AB75-ASA1,1492,2116
343.50
(5m) Card issuance fee. In addition to any other fee under this section,
17for the issuance of an original identification card or duplicate identification card or
18for the renewal or reinstatement of an identification card after cancellation under
19sub. (10), a card issuance fee of $10 shall be paid to the department.
The fee under
20this subsection does not apply to an applicant if the department may not charge the
21applicant a fee under sub. (5) (a) 2.
AB75-ASA1,1493,223
343.72
(5m) No driver school may represent that completion of a course of
24instruction will guarantee that the student will pass the driving skills test
25administered by the department
or by a 3rd-party tester under s. 343.16 (1) (bm).
1A driver school may only represent by means of a certificate of completion that the
2student has satisfactorily completed the required course.
AB75-ASA1,1493,104
343.72
(6) All licensees must ascertain from
state license examiners the route
5over the department the routes in the licensee's locale on which road tests are given
,
6and no by state license examiners and by authorized examiners of 3rd-party testers
7under s. 343.16 (1) (bm). No licensee may instruct
in those areas on these routes,
8except that driver schools may operate
on a division of motor vehicle skills test route 9on these routes if comparable training location opportunities are not otherwise
10available in the locale.
AB75-ASA1,1493,1412
344.01
(2) (am) "Minimum liability limits" means, with respect to a motor
13vehicle policy of liability insurance, liability limits, exclusive of interest and costs,
14in the following amounts:
AB75-ASA1,1493,1815
1. Before January 1, 2010, $25,000 because of bodily injury to or death of one
16person in any one accident and, subject to such limit for one person, $50,000 because
17of bodily injury to or death of 2 or more persons in any one accident, and $10,000
18because of injury to or destruction of property of others in any one accident.
AB75-ASA1,1493,2319
2. From January 1, 2010, to December 31, 2010, $50,000 because of bodily
20injury to or death of one person in any one accident and, subject to such limit for one
21person, $100,000 because of bodily injury to or death of 2 or more persons in any one
22accident, and $15,000 because of injury to or destruction of property of others in any
23one accident.
AB75-ASA1,1494,324
3. From January 1, 2011, to December 31, 2011, $75,000 because of bodily
25injury to or death of one person in any one accident and, subject to such limit for one
1person, $150,000 because of bodily injury to or death of 2 or more persons in any one
2accident, and $20,000 because of injury to or destruction of property of others in any
3one accident.
AB75-ASA1,1494,84
4. From January 1, 2012, to December 31, 2016, $100,000 because of bodily
5injury to or death of one person in any one accident and, subject to such limit for one
6person, $300,000 because of bodily injury to or death of 2 or more persons in any one
7accident, and $25,000 because of injury to or destruction of property of others in any
8one accident.
AB75-ASA1,1494,109
5. After December 31, 2016, the liability limit amounts published by the
10department under s. 344.11 (2).
AB75-ASA1,1494,2112
344.01
(2) (d) "Proof of financial responsibility" or "proof of financial
13responsibility for the future" means proof of ability to respond in damages for
14liability on account of accidents occurring subsequent to the effective date of such
15proof, arising out of the maintenance or use of a motor vehicle
, in
the amount of
16$25,000 because of bodily injury to or death of one person in any one accident and,
17subject to such limit for one person, in the amount of $50,000 because of bodily injury
18to or death of 2 or more persons in any one accident and in the amount of $10,000
19because of injury to or destruction of property of others in any one accident an
20amount, as of the date that proof is furnished to the department, equal to or greater
21than the minimum liability limits.
AB75-ASA1,1495,2
23344.11 Five-year indexing of insurance policy liability limits. (1) At
245-year intervals after January 1, 2012, the department shall adjust the monetary
25amounts of the liability limits specified in s. 344.01 (2) (am) 4. to reflect changes since
1January 1, 2012, in the consumer price index for all urban consumers, U.S. city
2average, for the medical care group, as determined by the U.S. department of labor.
AB75-ASA1,1495,5
3(2) Beginning in January 2017, and at 5-year intervals thereafter, the
4department shall publish the adjusted liability limit amounts, as determined under
5sub. (1), in the Wisconsin Administrative Register.
AB75-ASA1,1495,98
344.15
(1) (intro.) No policy or bond is effective under s. 344.14 unless
all of the
9following apply:
AB75-ASA1,1495,11
10(a) The policy or bond is issued by an insurer authorized to do an automobile
11liability or surety business in this state, except as provided in sub. (2)
, or unless the.
AB75-ASA1,1495,20
12(b) The limits of liability under the policy or bond
is subject, if the accident has
13resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less
14than $25,000 because of bodily injury to or death of one person in any one accident
15and, subject to that limit for one person, to a limit of not less than $50,000 because
16of bodily injury to or death of 2 or more persons in any one accident and, if the
17accident has resulted in injury to or destruction of property, to a limit of not less than
18$10,000 because of injury to or destruction of property of others in any one accident,
19as of the date of the accident, are equal to or greater than the minimum liability
20limits.
AB75-ASA1,1496,822
344.33
(2) Motor vehicle liability policy. A motor vehicle policy of liability
23insurance shall insure the person named therein using any motor vehicle with the
24express or implied permission of the owner, or shall insure any motor vehicle owned
25by the named insured and any person using such motor vehicle with the express or
1implied permission of the named insured, against loss from the liability imposed by
2law for damages arising out of the maintenance or use of the motor vehicle within
3the United States of America or the Dominion of Canada, subject to the
minimum
4liability limits
exclusive of interest and costs, with respect to each such motor vehicle
5as follows: $25,000 because of bodily injury to or death of one person in any one
6accident and, subject to such limit for one person, $50,000 because of bodily injury
7to or death of 2 or more persons in any one accident, and $10,000 because of injury
8to or destruction of property of others in any one accident.
AB75-ASA1,1496,1710
344.55
(1) (intro.) No motor vehicle may be used as a human service vehicle
11unless a policy of bodily injury and property damage liability insurance, issued by
12an insurer authorized to transact business in this state, is maintained thereon. The
13policy shall provide
property damage liability coverage with a limit of not less than
14$10,000. The policy also shall provide bodily injury liability coverage with limits
, as
15of the policy's effective date, of at least the minimum liability limits or, if greater, of
16not less than $75,000 for each person and, subject to such limit for each person, total
17limits as follows:
AB75-ASA1, s. 2968
18Section
2968. 345.05 (1) (a) of the statutes is renumbered 345.05 (1) (am).
AB75-ASA1,1496,2020
345.05
(1) (ag) "Authority" means a transit authority created under s. 66.1039.
AB75-ASA1,1497,522
345.05
(2) A person suffering any damage proximately resulting from the
23negligent operation of a motor vehicle owned and operated by a municipality
or
24authority, which damage was occasioned by the operation of the motor vehicle in the
25course of its business, may file a claim for damages against the municipality
or
1authority concerned and the governing body
thereof of the municipality, or the board
2of directors of the authority, may allow, compromise, settle and pay the claim. In this
3subsection, a motor vehicle is deemed owned and operated by a municipality
or
4authority if the vehicle is either being rented or leased, or is being purchased under
5a contract whereby the municipality
or authority will acquire title.
AB75-ASA1,1497,228
345.47
(1) (b) In lieu of imprisonment and in addition to any other suspension
9or revocation,
and if at least 90 days have elapsed from the date of the judgment, that
10the defendant's operating privilege be suspended. The operating privilege shall be
11suspended for 30 days or until the person pays the forfeiture, plus costs, fees, and
12surcharges imposed under ch. 814, but not to exceed
2 years 90 days. If the defendant
13has notified the court that he or she is unable to pay the judgment because of poverty,
14and if the court, using the criteria in s. 814.29 (1) (d), determines that the defendant
15is unable to pay the judgment because of poverty, the court may not suspend the
16defendant's operating privilege without first providing the defendant with an
17opportunity to pay the judgment in installments, taking into account the defendant's
18income. Suspension under this paragraph shall not affect the power of the court to
19suspend or revoke under s. 343.30 or the power of the secretary to suspend or revoke
20the operating privilege. This paragraph does not apply if the judgment was entered
21solely for violation of an ordinance unrelated to the violator's operation of a motor
22vehicle.
AB75-ASA1,1498,824
347.48
(2m) (gm)
Notwithstanding s. 349.02, a law enforcement officer may not
25stop or inspect a vehicle solely to determine compliance with this subsection or sub.
1(1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules
2of the department. This paragraph does not limit the authority of a law enforcement
3officer to issue a citation for a violation of this subsection or sub. (1) or (2) or a local
4ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department
5observed in the course of a stop or inspection made for other purposes, except that
6a A law enforcement officer may not take a person into physical custody solely for
7a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with
8this subsection, sub. (1) or (2) or rules of the department.
AB75-ASA1,1498,1210
347.50
(2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person
1116 years of age or older who violates s. 347.48 (2m) (d)
may shall be required to forfeit
12$10.
AB75-ASA1,1499,12
14348.175 Seasonal operation of vehicles hauling peeled or unpeeled
15forest products cut crosswise or abrasives or salt for highway winter
16maintenance. The transportation of peeled or unpeeled forest products cut
17crosswise or of abrasives or salt for highway winter maintenance in excess of gross
18weight limitations under s. 348.15 shall be permitted during the winter months
19when the highways are so frozen that no damage may result thereto by reason of such
20transportation. If at any time any person is so transporting such products or
21abrasives or salt upon a class "A" highway in such frozen condition then that person
22may likewise use a class "B" highway without other limitation, except that chains
23and other traction devices are prohibited on class "A" highways but such chains and
24devices may be used in cases of necessity.
The officers or agencies in charge of
25maintenance of highways, upon On the first day that conditions warrant their
1determination of such frozen condition and freedom of damage to such highways by
2transportation
, the officers or agencies in charge of maintenance of highways shall
3declare particular highways, or highways within areas of the state
, as eligible for
4increased weight limitations
, and each declaration shall be effective as of 12:01 a.m.
5on the 2nd day following the declaration. Such declaration shall include the
6maximum weight on each axle, combination of axles and the gross weight allowed.
7Any person transporting any such product over any highway of this state under this
8section is liable to the maintaining authority for any damage caused to such highway.
9This section does not apply to the national system of interstate and defense
10highways, except for that portion of
USH 51 between Wausau and STH 78 and that
11portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon
12their federal designation as I 39
between USH 51 and I 90/94.
AB75-ASA1,1500,10
15348.175 Seasonal operation of vehicles hauling peeled or unpeeled
16forest products cut crosswise or abrasives or salt for highway winter
17maintenance. The transportation of peeled or unpeeled forest products cut
18crosswise or of abrasives or salt for highway winter maintenance in excess of gross
19weight limitations under s. 348.15 shall be permitted during the winter months
20when the highways are so frozen that no damage may result thereto by reason of such
21transportation. If at any time any person is so transporting such products or
22abrasives or salt upon a class "A" highway in such frozen condition then that person
23may likewise use a class "B" highway without other limitation, except that chains
24and other traction devices are prohibited on class "A" highways but such chains and
25devices may be used in cases of necessity. On the first day that conditions warrant
1their determination of such frozen condition and freedom of damage to such
2highways by transportation, the officers or agencies in charge of maintenance of
3highways shall declare particular highways, or highways within areas of the state,
4as eligible for increased weight limitations, and each declaration shall be effective
5as of 12:01 a.m. on the 2nd day following the declaration. Such declaration shall
6include the maximum weight on each axle, combination of axles and the gross weight
7allowed. Any person transporting any such product over any highway of this state
8under this section is liable to the maintaining authority for any damage caused to
9such highway. This section does not apply to the national system of interstate and
10defense highways, except for that portion of I 39 between USH 51 and I 90/94.
AB75-ASA1,1500,1814
348.21
(3g) (intro.) Any person who, while operating a vehicle combination that
15is transporting raw forest products, violates s. 348.15 or 348.16 or any weight
16limitation posted as provided in s. 348.17 (1) or in a declaration issued under s.
17348.175 or authorized in an overweight permit issued under s. 348.26 or 348.27 may
18be penalized as follows:
AB75-ASA1,1500,2420
348.25
(4) (intro.) Except as provided under s. 348.26 (5), (6), or (7) or 348.27
21(3m),
(4m), (9), (9m), (9r), (9t), (10), (12), (13), or (15) permits shall be issued only for
22the transporting of a single article or vehicle which exceeds statutory size, weight or
23load limitations and which cannot reasonably be divided or reduced to comply with
24statutory size, weight or load limitations, except that:
AB75-ASA1,1501,7
1348.25
(8) (e) The officer or agency authorized to issue a permit under s. 348.26
2or 348.27 may require any applicant for a permit under s. 348.26 or 348.27 to pay the
3cost of any special investigation undertaken to determine whether a permit should
4be approved or denied
and to pay an additional fee established by the department by
5rule per permit if a department telephone call-in procedure or Internet procedure
6is used. The fee shall approximate the cost to the department for providing this
7service to persons so requesting.
AB75-ASA1,1501,239
348.27
(4m) Permits for the transportation of loads on STH 31 among
10manufacturing plants, distribution centers, and warehouses. (a) Subject to pars.
11(b) and (c), the department may issue annual or consecutive month permits for the
12transportation of loads in vehicle combinations that exceed the maximum gross
13weight limitations under s. 348.15 (3) (c) by not more than 18,000 pounds if the
14vehicle combination has 6 or more axles and the gross weight imposed on the
15highway by the wheels of any one axle of the vehicle combination does not exceed
1618,000 pounds, except that the gross weight imposed on the highway by the wheels
17of any steering axle on the power unit may not exceed the greater of 13,000 pounds
18or the manufacturer's rated capacity, but not to exceed 18,000 pounds.
19Notwithstanding s. 348.15 (8), any axle of a vehicle combination that does not impose
20on the highway at least 8 percent of the gross weight of the vehicle combination may
21not be counted as an axle for the purposes of this paragraph. A permit issued under
22this subsection does not authorize the operation of any vehicle combination at a
23maximum gross weight in excess of 98,000 pounds.
AB75-ASA1,1501,2524
(b) A permit under this subsection is valid only for the transportation of loads
25between or among any of the following:
AB75-ASA1,1501,26
11. A manufacturing plant located in Racine County.