AB150: Bill Text Engrossed

AB150-engrossed, s. 6412cf Section 6412cf. 343.21 (1) (m) of the statutes is created to read:

AB150-engrossed,2162,15 343.21 (1) (m) For reinstatement of a previously canceled license or endorsement, $50. This fee includes reinstatement of any classification or endorsement applied for at the same time for which the applicant is qualified.

AB150-engrossed, s. 6412cg Section 6412cg. 343.23 (2) of the statutes is amended to read:

AB150-engrossed,2163,21 343.23 (2) The department shall maintain a file for each licensee containing the application for license, permit or endorsement, a record of reports or abstract of convictions, the status of the licensee's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am) and a record of any reportable accident in which the licensee has been involved, including specification of the type of license and endorsements issued under this chapter under which the licensee was operating at the time of the accident and an indication whether or not the accident occurred in the course of the licensee's employment as a law enforcement officer, fire fighter or emergency medical technician — paramedic or as a person engaged, by an authority in charge of the maintenance of the highway, in highway winter maintenance snow and ice removal during either a storm or cleanup following a storm. This information must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) and of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of revocation granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of revocation. For purposes of this subsection, "highway winter maintenance snow and ice removal" includes plowing, sanding, salting and the operation of vehicles in the delivery of those services.

AB150-engrossed, s. 6412ch Section 6412ch. 343.245 (3) (b) 3. and 4. of the statutes are amended to read:

AB150-engrossed,2163,23 343.245 (3) (b) 3. Is subject to an out-of-service order in any state; or

AB150-engrossed,2163,25 4. Has more than one operator's license, except during the 10-day period beginning on the date on which the employe is issued an operator's license.; or

AB150-engrossed, s. 6412ci Section 6412ci. 343.245 (3) (b) 5. of the statutes is created to read:

AB150-engrossed,2164,3 343.245 (3) (b) 5. Does not possess a valid commercial driver license properly endorsed to permit operation of the vehicle.

AB150-engrossed, s. 6412cj Section 6412cj. 343.245 (4) (b) of the statutes is amended to read:

AB150-engrossed,2164,7 343.245 (4) (b) Any person who violates sub. (3) (b) shall be fined not more than $5,000 less than $2,500 nor more than $10,000 or imprisoned for not more than 90 days or both.

AB150-engrossed, s. 6412ck Section 6412ck. 343.265 (1) (intro.) of the statutes is renumbered 343.265 (1) and amended to read:

AB150-engrossed,2164,15 343.265 (1) The department may accept the voluntary surrender of the operator's license of a person who has a mental or physical disability or disease or a medical condition which prevents or may prevent the person from exercising reasonable control over a motor vehicle if the person's operating privilege is not subject to suspension or revocation for any reason and if either of the following conditions are satisfied:.

AB150-engrossed, s. 6412cL Section 6412cL. 343.265 (1) (a) and (b) of the statutes are repealed.

AB150-engrossed, s. 6412cm Section 6412cm. 343.28 (1) of the statutes is amended to read:

AB150-engrossed,2165,4 343.28 (1) Whenever a person is convicted of a moving traffic violation under chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall, as provided in s. 345.48, forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials or operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver. Whenever a person is convicted of exceeding a posted speed limit, the record of conviction forwarded to the department shall include the number of miles per hour in excess of the posted speed limit.

AB150-engrossed, s. 6412cn Section 6412cn. 343.28 (2) of the statutes is amended to read:

AB150-engrossed,2165,16 343.28 (2) Whenever a person is convicted of any offense for which s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred shall require the surrender to it of any license then held by such person. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the department the record of conviction and any surrendered licenses. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials or operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.

AB150-engrossed, s. 6412co Section 6412co. 343.305 (10) (em) of the statutes is amended to read:

AB150-engrossed,2166,2 343.305 (10) (em) One penalty for improperly refusing to submit to a test for intoxication regarding a person arrested for a violation of s. 346.63 (2m) or (7) or a local ordinance in conformity therewith is revocation of the person's operating privilege for 6 months. After the first 15 days of the revocation period, the person is eligible for an occupational license under s. 343.10. Any such improper refusal or revocation for the refusal does not count as a prior refusal or a prior revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person shall not be required to submit to and comply with any assessment or driver safety plan under pars. (c) and (d).

AB150-engrossed, s. 6412cp Section 6412cp. 343.315 (2) (f) (intro.) of the statutes is amended to read:

AB150-engrossed,2166,11 343.315 (2) (f) (intro.) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of 2 serious traffic violations, or and 120 days if convicted of 3 serious traffic violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle. The department shall consider only offenses committed on or after November 2, 1989 in applying 120-day period of disqualification under this paragraph shall be in addition to any other period of disqualification imposed under this paragraph. In this paragraph, "serious traffic violations" means:

AB150-engrossed, s. 6412cq Section 6412cq. 343.315 (2) (fm) of the statutes is created to read:

AB150-engrossed,2166,15 343.315 (2) (fm) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of violating s. 343.14 (5) or 345.17, if the violation relates to an application for a commercial driver license.

AB150-engrossed, s. 6412cr Section 6412cr. 343.315 (2) (h) of the statutes is created to read:

AB150-engrossed,2166,25 343.315 (2) (h) Except as provided in par. (i), a person is disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or one year if convicted of 2 out-of-service violations, or 3 years if convicted of 3 or more out-of-service violations, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service violation" means violating s. 343.44 (1) by operating a commercial motor vehicle while ordered out-of-service under state or federal law.

AB150-engrossed, s. 6412cs Section 6412cs. 343.315 (2) (i) of the statutes is created to read:

AB150-engrossed,2167,9 343.315 (2) (i) If the violation listed in par. (h) occurred in the course of transporting hazardous materials or while operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver, the person shall be disqualified from operating a commercial motor vehicle for 180 days upon a first conviction, or for a 3-year period for a 2nd or subsequent conviction, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44.

AB150-engrossed, s. 6412ct Section 6412ct. 343.315 (3) (a) of the statutes is amended to read:

AB150-engrossed,2167,22 343.315 (3) (a) Notwithstanding s. 343.39, if a person's license or operating privilege is revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2). The person's authorization to operate a commercial motor vehicle shall not be reinstated upon expiration of the period of revocation or suspension unless the period of disqualification has also expired. During any period of disqualification in which the person's license or operating privilege is not revoked or suspended, the department may issue an operator's license to the person for the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles as provided in s. 343.14.

AB150-engrossed, s. 6412cu Section 6412cu. 343.315 (3) (b) of the statutes is amended to read:

AB150-engrossed,2168,8 343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h) or (i), the department shall immediately cancel the person's license disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h) or (i). Upon proper application by the person and payment of a duplicate license fee, the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.

AB150-engrossed, s. 6412cv Section 6412cv. 343.32 (4) of the statutes is amended to read:

AB150-engrossed,2168,16 343.32 (4) In adopting rules for weighing traffic convictions by their seriousness under sub. (2), the secretary shall provide by rule for a reduction of up to 3 points if a person shows to the department satisfactory evidence of completion of a rider course approved by the secretary. This subsection applies only to demerit points relating to violations committed before completion of the rider course by a person while driving or operating a Type 1 motorcycle. No person is eligible for more than one point reduction of up to 3 points under this subsection.

AB150-engrossed, s. 6412cw Section 6412cw. 343.325 (title) of the statutes is amended to read:

AB150-engrossed,2168,19 343.325 (title) Courts to report appeals; when appeal stays suspension or, revocation or disqualification.

AB150-engrossed, s. 6412cx Section 6412cx. 343.325 (2) of the statutes is amended to read:

AB150-engrossed,2169,5 343.325 (2) Notwithstanding ss. 343.31, 343.315 and 343.32 and except as otherwise provided in sub. (4), the secretary shall not suspend or revoke a person's operating privilege or disqualify a person from operating a commercial motor vehicle on the basis of a conviction if the secretary receives from the court in which the conviction occurred a certificate stating that an appeal from the conviction has been taken. If the secretary receives such certificate after suspension or revocation of the operating privilege, the operating privilege shall be reinstated without requiring compliance with s. 343.38. If the secretary receives the certificate after suspension of the operating privilege or disqualification, the operating privilege or authorization to operate a commercial motor vehicle shall be reinstated automatically.

AB150-engrossed, s. 6412cy Section 6412cy. 343.325 (3) of the statutes is amended to read:

AB150-engrossed,2169,17 343.325 (3) Whenever suspension or revocation of an operating privilege or a disqualification has been withheld as provided in sub. (2) and the department receives notice that the conviction in question has been affirmed on appeal or that the appeal has been dropped, the secretary shall suspend or revoke such operating privilege or disqualify the person from operating a commercial motor vehicle on the same basis as if the appeal had not been taken, but the period of suspension or, revocation or disqualification shall run from the date of suspension or, revocation or disqualification following the affirmance of the conviction or dropping of the appeal, less any time the operating privilege had been suspended or revoked or the authorization to operate a commercial motor vehicle had been disqualified prior to the receipt by the secretary of the certificate under sub. (2).

AB150-engrossed, s. 6412cz Section 6412cz. 343.325 (3m) of the statutes is amended to read:

AB150-engrossed,2169,25 343.325 (3m) Whenever the suspension or revocation of an operating privilege or a disqualification has been rescinded or withheld because of administrative action, an appeal, or a court order to reopen, stay or vacate a conviction, suspension or, revocation or disqualification, and that suspension or, revocation or disqualification is subsequently reimposed, the period of suspension or, revocation or disqualification so reimposed shall be reduced by the period of suspension or, revocation or disqualification previously served.

AB150-engrossed, s. 6412czb Section 6412czb. 343.325 (4) of the statutes is amended to read:

AB150-engrossed,2170,8 343.325 (4) If a person whose suspension or , revocation or disqualification was stayed pursuant to sub. (2) is convicted of an offense for which revocation or disqualification is mandatory under s. 343.31 or 343.315, during the pendency of the appeal of the original conviction, the secretary shall forthwith revoke such person's operating privilege or disqualify the person from operating a commercial motor vehicle on account of the latter conviction, notwithstanding the appeal of either or both convictions.

AB150-engrossed, s. 6412czd Section 6412czd. 343.325 (5) of the statutes is amended to read:

AB150-engrossed,2170,12 343.325 (5) This section shall not prevent suspension or revocation of an operating privilege or a disqualification if there are grounds for suspension or, revocation or disqualification other than the conviction in question.

AB150-engrossed, s. 6412czf Section 6412czf. 343.325 (6) (a) of the statutes is amended to read:

AB150-engrossed,2170,17 343.325 (6) (a) If a court enters an order reopening, vacating or staying a conviction or a suspension or revocation of an operating privilege or a disqualification, the court shall promptly forward a copy of that order to the department.

AB150-engrossed, s. 6412czh Section 6412czh. 343.44 (title) of the statutes is amended to read:

AB150-engrossed,2170,20 343.44 (title) Driving while disqualified , out of service or ordered out-of-service or after license revoked or suspended.

AB150-engrossed, s. 6412czj Section 6412czj. 343.44 (1) of the statutes is amended to read:

AB150-engrossed,2171,5 343.44 (1) No person whose operating privilege has been duly revoked or suspended pursuant to the laws of this state shall operate a motor vehicle upon any highway in this state during such suspension or revocation or thereafter before filing proof of financial responsibility or before that person has obtained a new license in this state, including an occupational license, or the person's operating privilege has been reinstated under the laws of this state. No person may operate a commercial motor vehicle while ordered out-of-service as provided in s. 343.305 (7) (b) or (9) (am) under state or federal law. No person may operate a commercial motor vehicle after March 31, 1992, while disqualified as provided in s. 343.315.

AB150-engrossed, s. 6412czL Section 6412czL. 343.44 (3) of the statutes is amended to read:

AB150-engrossed,2171,13 343.44 (3) Refusal to accept or failure to receive an order of revocation or, suspension or disqualification mailed by 1st class mail to such person's last-known address shall not be a defense to the charge of driving after revocation or, suspension or disqualification. If the person has changed his or her address and fails to notify the department as required in s. 343.22 then failure to receive notice of revocation or, suspension or disqualification shall not be a defense to the charge of driving after revocation or, suspension or disqualification.

AB150-engrossed, s. 6412czn Section 6412czn. 343.44 (4r) of the statutes is created to read:

AB150-engrossed,2171,18 343.44 (4r) In addition to other penalties for violation of this section, if a person has violated this section after he or she was ordered out-of-service under state or federal law as provided in s. 343.315, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).

AB150-engrossed, s. 6412czp Section 6412czp. 344.12 of the statutes is amended to read:

AB150-engrossed,2172,2 344.12 Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in s. 344.14, the provisions of this chapter requiring deposit of security and requiring revocation for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person in excess of $500 $1,000.

AB150-engrossed, s. 6412czr Section 6412czr. 344.14 (2) (e) of the statutes is amended to read:

AB150-engrossed,2172,7 344.14 (2) (e) To the operator or owner of a vehicle involved in an accident wherein no injury was caused to the person of anyone other than such operator or owner and wherein damage to property of any one person other than such operator or owner did not exceed $500 $1,000.

AB150-engrossed, s. 6412e Section 6412e. 344.576 (3) (a) 5. of the statutes is amended to read:

AB150-engrossed,2172,11 344.576 (3) (a) 5. The address and telephone number of the office of consumer protection in the department of justice department of agriculture, trade and consumer protection.

AB150-engrossed, s. 6412m Section 6412m. 344.576 (3) (c) of the statutes is amended to read:

AB150-engrossed,2172,17 344.576 (3) (c) The department of justice agriculture, trade and consumer protection shall promulgate rules specifying the form of the notice required under par. (a), including the size of the paper and the type size and any highlighting of the information described in par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.

AB150-engrossed, s. 6412s Section 6412s. 344.579 (2) (intro.) of the statutes is amended to read:

AB150-engrossed,2172,22 344.579 (2) Enforcement. (intro.) The department of justice agriculture, trade and consumer protection shall investigate violations of ss. 344.574, 344.576 (1), (2) and (3) (a) and (b), 344.577 and 344.578. The department of justice agriculture, trade and consumer protection may on behalf of the state:

AB150-engrossed, s. 6413r Section 6413r. 345.11 (1g) and (5) of the statutes are amended to read:

AB150-engrossed,2173,3 345.11 (1g) The uniform traffic citation may be used for violations of s. ss. 218.01 (2) (a) and 218.205 (1). The report of conviction shall be forwarded to the department.

AB150-engrossed,2173,9 (5) Notwithstanding any other provision of the statutes, the use of the uniform traffic citation promulgated under sub. (4) by any peace officer in connection with the enforcement of any state traffic laws, any local traffic ordinances in strict conformity with the state traffic laws or s. 218.01 (2) (a) or 218.205 (1) shall be deemed adequate process to give the appropriate court jurisdiction over the person upon the filing with or transmitting to the court of the uniform traffic citation.

AB150-engrossed, s. 6415 Section 6415. 346.503 (1m) (g) of the statutes is amended to read:

AB150-engrossed,2173,14 346.503 (1m) (g) This subsection does not affect the authority under s. 101.13 of the department of industry, labor and human relations development to require by rule the reservation of parking spaces for use by a motor vehicle used by a physically disabled person.

AB150-engrossed, s. 6416 Section 6416. 346.503 (4) of the statutes is amended to read:

AB150-engrossed,2173,19 346.503 (4) The department, after consulting with the department of industry, labor and human relations development, shall promulgate rules governing the design, size and installation of the official traffic signs required under sub. (2) or (2m).

AB150-engrossed, s. 6416c Section 6416c. 346.655 (1) of the statutes is amended to read:

AB150-engrossed,2173,25 346.655 (1) On or after July 1, 1988, if a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge in an amount of $250 $300 in addition to the fine or forfeiture, penalty assessment and jail assessment.

AB150-engrossed, s. 6416d Section 6416d. 346.655 (2) (a) of the statutes is amended to read:

AB150-engrossed,2174,5 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.395 (5). The county treasurer shall then make payment of 15% 29.2% of the amount to the state treasurer as provided in s. 59.20 (5) (b).

AB150-engrossed,2174,6 " Section 6416sm. 346.70 (1) of the statutes is amended to read:

AB150-engrossed,2174,23 346.70 (1) Immediate notice of accident. The operator of a vehicle involved in an accident resulting in injury to or death of any person, any damage to state or other government-owned property, except a state or other government-owned vehicle, to an apparent extent of $200 or more or total damage to property owned by any one person or to a state or other government-owned vehicle to an apparent extent of $500 $1,000 or more shall immediately by the quickest means of communication give notice of such accident to the police department, the sheriff's department or the traffic department of the county or municipality in which the accident occurred or to a state traffic patrol officer. In this subsection, "injury" means injury to a person of a physical nature resulting in death or the need of first aid or attention by a physician or surgeon, whether or not first aid or medical or surgical treatment was actually received; "total damage to property owned by one person" means the sum total cost of putting the property damaged in the condition it was before the accident, if repair thereof is practical, and if not practical, the sum total cost of replacing such property. For purposes of this subsection if any property which is damaged is held in a form of joint or multiple ownership, the property shall be considered to be owned by one person.

AB150-engrossed, s. 6416v Section 6416v. 347.40 (2) of the statutes is amended to read:

AB150-engrossed,2175,5 347.40 (2) No person shall operate on a highway any school bus having a passenger-carrying capacity of 10 16 or more persons including in addition to the operator unless such bus is equipped with at least one mirror which is 7 inches in diameter so located as to enable the operator to see a reflection of the road from the entire front bumper forward to a point where direct observation is possible.

AB150-engrossed, s. 6416vc Section 6416vc. 348.05 (2) (k) of the statutes is renumbered 348.05 (2) (k) 2. and amended to read:

AB150-engrossed,2175,12 348.05 (2) (k) 2. Nine feet for loads of tie logs, tie slabs and veneer logs, provided that if no part of the load shall extend extends more than 6 inches beyond the fender line on the left side of the vehicle or extend extends more than 10 inches beyond the fender line on the right side of the vehicle. The term "fender line" as used herein means as defined in s. 348.09. This paragraph shall

AB150-engrossed,2175,18 3. Subdivision 2. does not be applicable apply to transport on highways designated as parts of the national system of interstate and defense highways pursuant to under s. 84.29, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39. This exception for I 39 applies only to the extent permitted by federal law.

AB150-engrossed, s. 6416vf Section 6416vf. 348.05 (2) (k) 1. of the statutes is created to read:

AB150-engrossed,2175,21 348.05 (2) (k) 1. In this paragraph, "fender line" has the meaning given in s. 348.09 (1).

AB150-engrossed, s. 6416vi Section 6416vi. 348.15 (3) (bg), (br), (bv) and (e) of the statutes are amended to read:

AB150-engrossed,2176,8 348.15 (3) (bg) In the case of a vehicle or combination of vehicles transporting exclusively milk from the point of production to the primary market and the return of dairy supplies and dairy products from such primary market to the farm, the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,000 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 2,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB150-engrossed,2176,18 (br) In the case of a vehicle or combination of vehicles transporting exclusively peeled or unpeeled forest products cut crosswise or in the case of a vehicle or combination of vehicles transporting exclusively scrap metal, the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.