AB402: Bill Text

AB402,59,16 343.03 (5) Inquiries before issuance. Before issuing a license under this chapter, the department shall obtain driver record information from the national driver registry and commercial driver license information system to determine whether the applicant holds a commercial driver license, or a license that is revoked, suspended or canceled, or is otherwise disqualified. If the applicant is currently licensed in another state, the department shall obtain information on the applicant's license status with the state of licensure before issuing a license.

AB402,59,17 *-1531/4.12* Section 138. 343.03 (8) of the statutes is repealed.

AB402,59,18 *-1531/4.13* Section 139. 343.05 (2) (a) 2. of the statutes is amended to read:

AB402,60,2 343.05 (2) (a) 2. A nonresident who has in his or her immediate possession a valid commercial driver license issued to the person in his or her home another jurisdiction or Mexico bearing all endorsements required for the specific class and type of vehicle being operated. A license is not valid under this subdivision if the license is restricted to operation inside the person's home jurisdiction, or if the person is otherwise violating restrictions or exceeding operating authorization stated on the person's license. If the nonresident is operating a commercial motor vehicle in interstate commerce, he or she must be at least 21 years of age.

AB402,60,3 *-1531/4.14* Section 140. 343.05 (2) (c) of the statutes is amended to read:

AB402,60,10 343.05 (2) (c) A tow truck operator holding a valid commercial driver license who is engaged in the removal of a disabled or wrecked vehicle from the highway or eliminating a hazard is not required to hold an endorsement to his or her commercial driver license regardless of the type of vehicle being towed. This exception to the requirement for an endorsement does not apply to any subsequent towing of the vehicle, including moving the vehicle from one repair facility to another, unless the one of the following applies:

AB402,60,12 1. The tow truck operator holds a commercial driver license and is accompanied by a driver who holds the required endorsements.

AB402,60,13 *-1531/4.15* Section 141. 343.05 (2) (c) 2. of the statutes is created to read:

AB402,60,15 343.05 (2) (c) 2. The vehicle is a vehicle that requires a "P" endorsement for its operation.

AB402,60,17 *-1531/4.16* Section 142. 343.05 (4) (a) 3. of the statutes is renumbered 343.05 (2) (a) 5. and amended to read:

AB402,60,24 343.05 (2) (a) 5. A person temporarily operating motorized construction equipment designed principally for off-road use, including a motorscraper, backhoe, motorgrader, compacter, excavator, tractor, trencher and bulldozer upon a highway in this state who possesses a valid operator's license issued to the person by the department which is not revoked, suspended, canceled, disqualified or expired. This subdivision does not apply to a truck or a construction vehicle designed or equipped for use on a highway or to any vehicle exceeding a speed of 35 miles per hour.

AB402,60,25 *-1531/4.17* Section 143. 343.055 (5) of the statutes is amended to read:

AB402,61,5 343.055 (5) Rules. As soon as possible after the federal commercial motor vehicle safety act, 49 USC 2701 to 2716 31301 to 31317, or the regulations adopted under that act permit any commercial driver license waiver, the department shall promulgate rules governing eligibility for the waiver. This subsection applies to waivers not permitted by federal law on May 12, 1992.

AB402,61,6 *-0641/3.2* Section 144. 343.06 (1) (c) of the statutes is amended to read:

AB402,62,5 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (f), no operator's license may be issued unless a driver's examination has been administered by the department.

AB402,62,6 *-1531/4.18* Section 145. 343.06 (2) of the statutes is amended to read:

AB402,62,16 343.06 (2) After March 31, 1992, the The department shall not issue a commercial driver license, including a renewal, occupational or reinstated license, to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51 or the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987. Beginning on April 1, 1992, the department shall cancel any commercial driver license Any person who is known to the department to have been issued to a person who is disqualified be subject to disqualification under s. 343.315 (1) (a) shall be disqualified by the department, unless the required period of disqualification specified in s. 343.315 for the disqualifying offense has already expired.

AB402,62,17 *-1531/4.19* Section 146. 343.065 (title) of the statutes is amended to read:

AB402,62,19 343.065 (title) Intrastate restricted Restricted commercial driver license.

AB402,62,20 *-1531/4.20* Section 147. 343.065 (1) of the statutes is amended to read:

AB402,63,2 343.065 (1) If an applicant for a commercial driver license is less than 21 years of age or does not meet the physical qualifications for drivers contained in 49 CFR 391 or an alternative federally approved driver qualification program established by the department by rule but is at least 18 years of age and otherwise qualified under this chapter and the rules of the department, the department may issue the applicant a commercial driver license restricted to authorizing the operation of commercial motor vehicles only within this state and not in interstate commerce.

AB402,63,3 *-1531/4.21* Section 148. 343.065 (2) of the statutes is amended to read:

AB402,63,6 343.065 (2) A commercial driver license issued under this section shall clearly identify that the license does not authorize the operation of commercial motor vehicles outside this state or in interstate commerce.

AB402,63,7 *-1531/4.22* Section 149. 343.10 (2) (a) 1. of the statutes is amended to read:

AB402,63,12 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under this chapter or ch. 344 or s. 161.50 within the one-year period immediately preceding the present revocation or suspension.

AB402,63,13 *-1531/4.23* Section 150. 343.10 (10) (a) of the statutes is amended to read:

AB402,63,21 343.10 (10) (a) If the petitioner's commercial driver license has been suspended or revoked solely for a violation of s. 346.63 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) and the person was not operating a commercial motor vehicle at the time of the violation, a petition seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed directly with the department. The petition may also seek authorization to operate "Class D" or "Class M" vehicles.

AB402,63,22 *-1531/4.24* Section 151. 343.12 (2) (h) of the statutes is amended to read:

AB402,64,3 343.12 (2) (h) Prior to the initial issuance or renewal of the endorsement, takes and passes a special examination prescribed by the department and administered by the department or by a 3rd-party tester under s. 343.16 (1) (b) to determine his or her ability to safely operate a school bus. This special examination may include the examination required under sub. (3). The department may renew the endorsement without retesting the licensee, except under sub. (3).

AB402,64,5 *-3053/3.2* Section 152. 343.14 (3) of the statutes is renumbered 343.14 (3) (a).

AB402,64,7 *-3053/3.3* Section 153. 343.14 (3) (b) and (c) of the statutes are created to read:

AB402,64,10 343.14 (3) (b) Any photograph taken of an applicant under par. (a) or s. 343.50 (4) may be maintained by the department and shall be kept confidential. The department may release a photograph only to the following persons:

AB402,64,11 1. The person whose photograph was taken.

AB402,64,13 2. Any person authorized in writing by the person whose photograph was taken.

AB402,64,15 3. A law enforcement agency, a state agency or a federal governmental agency to perform a legally authorized function.

AB402,64,18 (c) Any person who has received a photograph under par. (b) shall keep the photograph confidential and may not disclose or reproduce it except as authorized. This paragraph does not apply to the person whose photograph was taken.

AB402,64,19 *-3053/3.4* Section 154. 343.14 (4) of the statutes is repealed.

AB402,64,20 *-1531/4.25* Section 155. 343.16 (1) (a) of the statutes is amended to read:

AB402,65,22 343.16 (1) (a) General. The department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in sub. (2) (cm) and (e) and s. 343.03 (8) (b) and (c), (e) and (f), the examinations of applicants for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate "Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials, or the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. The Except as may be required by the department for an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.

AB402,65,23 *-0641/3.4* Section 156. 343.16 (2) (f) of the statutes is created to read:

AB402,66,7 343.16 (2) (f) "Class D" vehicle waiver. The department may, by rule, waive the driving skills test of a person applying for authorization to operate "Class D" vehicles who qualifies for issuance of a license under s. 343.06 (1) (c) if the applicant has successfully completed an enhanced course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which meet the minimum standards set by the department of public instruction, and the instructor in that course certifies that the applicant has satisfied the driving skills requirements of the course.

AB402,66,8 *-1531/4.26* Section 157. 343.17 (3) (e) 1. of the statutes is amended to read:

AB402,66,11 343.17 (3) (e) 1. "K" restriction, which restricts a person issued a license under s. 343.065 to from operating commercial motor vehicles only within this state and not in interstate commerce.

AB402,66,12 *-1531/4.27* Section 158. 343.21 (1) (g) of the statutes is amended to read:

AB402,66,15 343.21 (1) (g) For removing a "K" restriction against operation of commercial motor vehicles outside this state or in interstate commerce, the same fee as for a duplicate license.

AB402,66,16 *-1531/4.28* Section 159. 343.21 (1) (jm) of the statutes is created to read:

AB402,66,19 343.21 (1) (jm) For reinstatement of a previously disqualified authorization to operate a commercial motor vehicle, $50. This fee is not applicable to disqualifications under s. 343.315 (2) (g).

AB402,66,20 *-1531/4.29* Section 160. 343.21 (1) (m) of the statutes is created to read:

AB402,66,23 343.21 (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.

AB402,66,24 *-1531/4.30* Section 161. 343.23 (2) of the statutes is amended to read:

AB402,68,5 343.23 (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.

AB402,68,7 *-1531/4.31* Section 162. 343.245 (3) (b) 3. and 4. of the statutes are amended to read:

AB402,68,8 343.245 (3) (b) 3. Is subject to an out-of-service order in any state; or

AB402,68,10 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

AB402,68,11 *-1531/4.32* Section 163. 343.245 (3) (b) 5. of the statutes is created to read:

AB402,68,13 343.245 (3) (b) 5. Does not possess a valid commercial driver license properly endorsed to permit operation of the vehicle.

AB402,68,14 *-1531/4.33* Section 164. 343.245 (4) (b) of the statutes is amended to read:

AB402,68,17 343.245 (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.

AB402,68,19 *-1531/4.34* Section 165. 343.265 (1) (intro.) of the statutes is renumbered 343.265 (1) and amended to read:

AB402,68,25 343.265 (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:.

AB402,69,1 *-1531/4.35* Section 166. 343.265 (1) (a) and (b) of the statutes are repealed.

AB402,69,2 *-1531/4.36* Section 167. 343.28 (1) of the statutes is amended to read:

AB402,69,14 343.28 (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.

AB402,69,15 *-1531/4.37* Section 168. 343.28 (2) of the statutes is amended to read:

AB402,70,2 343.28 (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.

AB402,70,4 *-1531/4.38* Section 169. 343.305 (10) (em) of the statutes is amended to read:

AB402,70,13 343.305 (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).

AB402,70,15 *-1531/4.39* Section 170. 343.315 (2) (f) (intro.) of the statutes is amended to read:

AB402,70,23 343.315 (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:

AB402,70,24 *-1531/4.40* Section 171. 343.315 (2) (fm) of the statutes is created to read:

AB402,71,3 343.315 (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.

AB402,71,4 *-1531/4.41* Section 172. 343.315 (2) (h) of the statutes is created to read:

AB402,71,13 343.315 (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.

AB402,71,14 *-1531/4.42* Section 173. 343.315 (2) (i) of the statutes is created to read:

AB402,71,22 343.315 (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.

AB402,71,23 *-1531/4.43* Section 174. 343.315 (3) (a) of the statutes is amended to read:

AB402,72,10 343.315 (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.

AB402,72,11 *-1531/4.44* Section 175. 343.315 (3) (b) of the statutes is amended to read:

AB402,72,21 343.315 (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.

AB402,72,22 *-0634/1.1* Section 176. 343.32 (4) of the statutes is amended to read:

AB402,73,4 343.32 (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.

AB402,73,5 *-1531/4.45* Section 177. 343.325 (title) of the statutes is amended to read:

AB402,73,7 343.325 (title) Courts to report appeals; when appeal stays suspension or, revocation or disqualification.

AB402,73,8 *-1531/4.46* Section 178. 343.325 (2) of the statutes is amended to read:

AB402,73,18 343.325 (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.

AB402,73,19 *-1531/4.47* Section 179. 343.325 (3) of the statutes is amended to read:

AB402,74,5 343.325 (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).

AB402,74,6 *-1531/4.48* Section 180. 343.325 (3m) of the statutes is amended to read:

AB402,74,13 343.325 (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.