AB557, s. 131 6Section 131. 341.297 (2) (b) of the statutes is created to read:
AB557,62,117 341.297 (2) (b) There are established 24 registration periods, each to be
8designated by a calendar month and to start on the first day of such month and end
9on the last day of the 24th month from the date of commencing. The department shall
10so administer the monthly series system of registration as to distribute the work of
11registering farm trucks as uniformly as practicable throughout the calendar year.
AB557, s. 132 12Section 132. 341.43 of the statutes is amended to read:
AB557,62,19 13341.43 Audits. The department may conduct such audits as it deems
14necessary to determine the adequacy of fees paid under the international
15registration plan or other proportional registration law or agreement and taxes and
16fees
paid under s. 341.45. Audits shall be conducted during normal business hours.
17Credits shall be given for overpayments and deficiencies shall be assessed, with
18interest. Actual and necessary expenses incurred by an auditor, plus wages, may be
19assessed against the person audited.
AB557, s. 133 20Section 133. 341.45 (title) of the statutes is amended to read:
AB557,62,22 21341.45 (title) Importation in vehicle tanks regulated; taxes; fees;
22permits
.
AB557, s. 134 23Section 134. 341.45 (1g) (a) of the statutes is amended to read:
AB557,63,1124 341.45 (1g) (a) Every Except as provided in subs. (3) and (4g), every person who
25purchases or obtains motor vehicle fuel or an alternate fuel outside of this state and

1operates any qualified motor vehicle into this state upon a highway and transports
2that fuel in an attached or unattached fuel supply tank for the sole purpose of
3operating the qualified motor vehicle shall pay the Wisconsin motor vehicle fuel or
4alternate fuels tax, the oil company franchise fee under ch. 140 and the oil inspection
5fee under s. 168.12
on the gallons consumed by the qualified motor vehicle while
6operated on the highways of this state. The person shall pay the tax and fees by
7purchasing motor vehicle fuel or alternate fuels within this state in an amount that
8is equivalent to the gallonage consumed while operating the qualified motor vehicle
9on the highways of this state, or by remitting the tax and fees directly to the
10department or to another jurisdiction that is a party to the international fuel tax
11agreement.
AB557, s. 135 12Section 135. 341.45 (1g) (b) of the statutes is amended to read:
AB557,63,1513 341.45 (1g) (b) The department may require any person required to pay under
14par. (a) to report on forms prescribed by it, to display evidence of compliance with par.
15(a) and to pay taxes and fees in the manner specified by the department.
AB557,63,18 16(c) The department shall require any person convicted of evading the tax or fees
17due under par. (a) to report on forms and in the manner prescribed by the
18department.
AB557, s. 136 19Section 136. 341.45 (2) of the statutes is amended to read:
AB557,64,220 341.45 (2) Every person regularly or habitually operating qualified motor
21vehicles upon the highways of any other state and using in those qualified motor
22vehicles motor vehicle fuel or an alternate fuel purchased or obtained in this state
23shall be allowed a credit or refund equal to the oil company franchise fee and oil
24inspection fee and the
tax on the motor vehicle fuel or alternate fuel actually paid to

1the state in which it is used, but not to exceed the tax and fees imposed on motor
2vehicle fuel or alternate fuels by this state.
AB557, s. 137 3Section 137. 341.45 (3) of the statutes is amended to read:
AB557,64,104 341.45 (3) The department may enter into reciprocal agreements with the
5appropriate officials of any other state under which it may waive all or any part of
6the requirements imposed by this section upon those who use motor vehicle fuel or
7alternate fuels upon which the tax has and fees have been paid to another state if the
8officials of the other state grant equivalent privileges with respect to motor vehicle
9fuel or alternate fuels used in that state but upon which the tax has and fees have
10been paid to Wisconsin.
AB557, s. 138 11Section 138. 341.45 (4g) of the statutes is created to read:
AB557,64,1712 341.45 (4g) The department may issue trip permits for 72-hour periods to
13persons who would otherwise be required to pay the Wisconsin motor vehicle fuel or
14alternate fuels tax and the oil inspection fee under sub. (1g). The department shall
15charge a fee of not less than $15 for each permit issued under this subsection. A
16person who has obtained a permit under this subsection is exempt from the
17purchasing requirement of sub. (1g) (a).
AB557, s. 139 18Section 139. 341.45 (4m) of the statutes is created to read:
AB557,64,2419 341.45 (4m) All oil inspection fees paid to the department of transportation
20under sub. (1g) (a) in excess of oil inspection fee credits or refunds under sub. (2) shall
21be deposited in the petroleum inspection fund. All oil inspection fees credited or
22refunded by the department of transportation under sub. (2) in excess of oil
23inspection fees paid to the department of transportation under sub. (1g) (a) shall be
24paid from the petroleum inspection fund.
AB557, s. 140 25Section 140. 341.45 (5) of the statutes is amended to read:
AB557,65,7
1341.45 (5) The department shall promulgate rules under ch. 227 necessary to
2administer this section. The rules shall include provisions relating to the issuance
3and use of the permits authorized under sub. (4g).
The rules may include provisions
4relating to the payment of interest on late payments of motor vehicle fuel and
5alternate fuels taxes, oil company franchise fees and oil inspection fees, and fees for
6the late payment or underpayment of motor vehicle fuel and alternate fuels taxes,
7oil company franchise fees and oil inspection fees
.
AB557, s. 141 8Section 141. 343.01 (2) (cb) of the statutes is created to read:
AB557,65,129 343.01 (2) (cb) "Motorized construction equipment" means motor-driven
10construction equipment designed principally for off-road use, including a
11motorscraper, backhoe, motorgrader, compacter, excavator, tractor, trencher and
12bulldozer.
AB557, s. 142 13Section 142. 343.01 (2) (d) of the statutes is created to read:
AB557,65,1514 343.01 (2) (d) "Photograph" means an unretouched image recorded by a camera
15and reproduced on a photosensitive surface and includes a digitized image.
AB557, s. 143 16Section 143. 343.02 (1) of the statutes is amended to read:
AB557,65,2117 343.02 (1) The department shall administer and enforce this chapter and may
18promulgate for that purpose such rules as the secretary considers necessary. Rules
19promulgated under this chapter may not conflict with and shall be at least as
20stringent as standards set by the federal commercial motor vehicle safety act, 49
21USC 2701
to 2716 31301 to 31317 and the regulations adopted under that act.
AB557, s. 144 22Section 144. 343.03 (1) (title) of the statutes is repealed and recreated to read:
AB557,65,2323 343.03 (1) (title) Compliance with federal standards.
AB557, s. 145 24Section 145. 343.03 (1) (a) of the statutes is amended to read:
AB557,66,3
1343.03 (1) (a) The department shall institute a classified driver license system
2meeting all federal standards under 49 USC 2701 to 2716 31301 to 31317 and 49 CFR
3383
.
AB557, s. 146 4Section 146. 343.03 (1) (b) of the statutes is amended to read:
AB557,66,75 343.03 (1) (b) The department shall begin issuance of issue operator's licenses
6in conformity with the classified driver license system to each licensee upon renewal,
7reinstatement or initial application by April 1, 1991.
AB557, s. 147 8Section 147. 343.03 (1) (c) of the statutes is repealed.
AB557, s. 148 9Section 148. 343.03 (5) of the statutes is amended to read:
AB557,66,1610 343.03 (5) Inquiries before issuance. Before issuing a license under this
11chapter, the department shall obtain driver record information from the national
12driver registry and commercial driver license information system to determine
13whether the applicant holds a commercial driver license, or a license that is revoked,
14suspended or canceled, or is otherwise disqualified. If the applicant is currently
15licensed in another state, the department shall obtain information on the applicant's
16license status with the state of licensure before issuing a license.
AB557, s. 149 17Section 149. 343.03 (8) of the statutes is repealed.
AB557, s. 150 18Section 150. 343.05 (2) (a) 2. of the statutes is amended to read:
AB557,67,219 343.05 (2) (a) 2. A nonresident who has in his or her immediate possession a
20valid commercial driver license issued to the person in his or her home another
21jurisdiction or Mexico bearing all endorsements required for the specific class and
22type of vehicle being operated. A license is not valid under this subdivision if the
23license is restricted to operation inside the person's home jurisdiction, or if the person
24is otherwise violating restrictions or exceeding operating authorization stated on the

1person's license. If the nonresident is operating a commercial motor vehicle in
2interstate commerce, he or she must be at least 21 years of age.
AB557, s. 151 3Section 151. 343.05 (2) (c) of the statutes is amended to read:
AB557,67,104 343.05 (2) (c) A tow truck operator holding a valid commercial driver license
5who is engaged in the removal of a disabled or wrecked vehicle from the highway or
6eliminating a hazard is not required to hold an endorsement to his or her commercial
7driver license regardless of the type of vehicle being towed. This exception to the
8requirement for an endorsement does not apply to any subsequent towing of the
9vehicle, including moving the vehicle from one repair facility to another, unless the
10one of the following applies:
AB557,67,12 111. The tow truck operator holds a commercial driver license and is accompanied
12by a driver who holds the required endorsements.
AB557, s. 152 13Section 152. 343.05 (2) (c) 2. of the statutes is created to read:
AB557,67,1514 343.05 (2) (c) 2. The vehicle is a vehicle that requires a "P" endorsement for its
15operation.
AB557, s. 153 16Section 153. 343.05 (4) (a) 3. of the statutes is renumbered 343.05 (2) (a) 5. and
17amended to read:
AB557,67,2418 343.05 (2) (a) 5. A person temporarily operating motorized construction
19equipment designed principally for off-road use, including a motorscraper, backhoe,
20motorgrader, compacter, excavator, tractor, trencher and bulldozer
upon a highway
21in this state who possesses a valid operator's license issued to the person by the
22department which is not revoked, suspended, canceled, disqualified or expired
. This
23subdivision does not apply to a truck or a construction vehicle designed or equipped
24for use on a highway or to any vehicle exceeding a speed of 35 miles per hour.
AB557, s. 154 25Section 154. 343.055 (5) of the statutes is amended to read:
AB557,68,5
1343.055 (5) Rules. As soon as possible after the federal commercial motor
2vehicle safety act, 49 USC 2701 to 2716 31301 to 31317, or the regulations adopted
3under that act permit any commercial driver license waiver, the department shall
4promulgate rules governing eligibility for the waiver. This subsection applies to
5waivers not permitted by federal law on May 12, 1992.
AB557, s. 155 6Section 155. 343.06 (1) (c) of the statutes is amended to read:
AB557,69,57 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a
8school program or high school equivalency program and is not a habitual truant as
9defined in s. 118.16 (1) (a), has graduated from high school or been granted a
10declaration of high school graduation equivalency or is enrolled in a home-based
11private educational program, as defined in s. 115.001 (3g), and has satisfactorily
12completed a course in driver education in public schools approved by the department
13of public instruction, or in technical colleges approved by the technical college system
14board, or in nonpublic and private schools which meet the minimum standards set
15by the department of public instruction, or has satisfactorily completed a
16substantially equivalent course in driver training approved by the department and
17given by a school licensed by the department under s. 343.61, or has satisfactorily
18completed a substantially equivalent course in driver education or training approved
19by another state and has attained the age of 16, except as provided in s. 343.07 (1).
20The department shall not issue a license to any person under the age of 18
21authorizing the operation of "Class M" vehicles unless the person has successfully
22completed a basic rider course approved by the department. The department may,
23by rule, exempt certain persons from the basic rider course requirement of this
24paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the
25driver education, basic rider or driver training course requirement. The secretary

1shall prescribe rules for licensing of schools and instructors to qualify under this
2paragraph. The driver education course shall be made available to every eligible
3student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (e), no
4operator's license may be issued unless a driver's examination has been
5administered by the department.
AB557, s. 156 6Section 156. 343.06 (2) of the statutes is amended to read:
AB557,69,167 343.06 (2) After March 31, 1992, the The department shall not issue a
8commercial driver license, including a renewal, occupational or reinstated license,
9to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51
10or the law of another jurisdiction in substantial conformity therewith, as the result
11of one or more disqualifying offenses committed on or after July 1, 1987. Beginning
12on April 1, 1992, the department shall cancel any commercial driver license
Any
13person who is
known to the department to have been issued to a person who is
14disqualified
be subject to disqualification under s. 343.315 (1) (a) shall be disqualified
15by the department
, unless the required period of disqualification specified in s.
16343.315 for the disqualifying offense
has already expired.
AB557, s. 157 17Section 157. 343.065 (title) of the statutes is amended to read:
AB557,69,19 18343.065 (title) Intrastate restricted Restricted commercial driver
19license.
AB557, s. 158 20Section 158. 343.065 (1) of the statutes is amended to read:
AB557,70,221 343.065 (1) If an applicant for a commercial driver license is less than 21 years
22of age or does not meet the physical qualifications for drivers contained in 49 CFR
23391
or an alternative federally approved driver qualification program established by
24the department by rule but is at least 18 years of age and otherwise qualified under
25this chapter and the rules of the department, the department may issue the

1applicant a commercial driver license restricted to authorizing the operation of
2commercial motor vehicles only within this state and not in interstate commerce.
AB557, s. 159 3Section 159. 343.065 (2) of the statutes is amended to read:
AB557,70,64 343.065 (2) A commercial driver license issued under this section shall clearly
5identify that the license does not authorize the operation of commercial motor
6vehicles outside this state or in interstate commerce.
AB557, s. 160 7Section 160. 343.10 (2) (a) 1. of the statutes is amended to read:
AB557,70,128 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same
9incident or occurrence for which the person's license or operating privilege is
10currently revoked or suspended, the person's license or operating privilege was not
11revoked or suspended previously under this chapter or ch. 344 or s. 161.50 within the
12one-year period immediately preceding the present revocation or suspension.
AB557, s. 161 13Section 161. 343.10 (10) (a) of the statutes is amended to read:
AB557,70,2114 343.10 (10) (a) If the petitioner's commercial driver license has been suspended
15or revoked solely for a violation of s. 346.63 (1) or a local ordinance in conformity
16therewith or a law of a federally recognized American Indian tribe or band in this
17state in conformity with s. 346.63 (1)
and the person was not operating a commercial
18motor vehicle at the time of the violation, a petition seeking issuance of an
19occupational license authorizing operation of "Class A", "Class B" or "Class C"
20vehicles may be filed directly with the department. The petition may also seek
21authorization to operate "Class D" or "Class M" vehicles.
AB557, s. 162 22Section 162. 343.12 (2) (h) of the statutes is amended to read:
AB557,71,323 343.12 (2) (h) Prior to the initial issuance or renewal of the endorsement, takes
24and passes a special examination prescribed by the department and administered
25by the department or by a 3rd-party tester under s. 343.16 (1) (b) to determine his

1or her ability to safely operate a school bus. This special examination may include
2the examination required under sub. (3).
The department may renew the
3endorsement without retesting the licensee, except under sub. (3).
AB557, s. 163 4Section 163. 343.14 (3) of the statutes is renumbered 343.14 (3) (a).
AB557, s. 164 5Section 164. 343.14 (3) (b) and (c) of the statutes are created to read:
AB557,71,86 343.14 (3) (b) Any photograph taken of an applicant under par. (a) or s. 343.50
7(4) may be maintained by the department and shall be kept confidential. The
8department may release a photograph only to the following persons:
AB557,71,99 1. The person whose photograph was taken.
AB557,71,1110 2. Any person authorized in writing by the person whose photograph was
11taken.
AB557,71,1312 3. A law enforcement agency, a state agency or a federal governmental agency
13to perform a legally authorized function.
AB557,71,1714 (c) Any person who has received a photograph under par. (b) shall keep the
15photograph confidential and may not disclose or reproduce it except as authorized
16under par. (b). This paragraph does not apply to the person whose photograph was
17taken.
AB557, s. 165 18Section 165. 343.14 (4) of the statutes is repealed.
AB557, s. 166 19Section 166. 343.16 (1) (a) of the statutes is amended to read:
AB557,72,2120 343.16 (1) (a) General. The department shall examine every applicant for an
21operator's license, including applicants for license renewal as provided in sub. (3),
22and every applicant for authorization to operate a vehicle class or type for which the
23applicant does not hold currently valid authorization, other than an instruction
24permit. Except as provided in sub. (2) (cm) and (e) and s. 343.03 (8) (b) and (c), the
25examinations of applicants for licenses authorizing operation of "Class A", "Class B",

1"Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and
2an actual demonstration in the form of a driving skills test of the applicant's ability
3to exercise ordinary and reasonable control in the operation of a representative
4vehicle. The department shall not administer a driving skills test to a person
5applying for authorization to operate "Class M" vehicles who has failed 2 previous
6such skills tests unless the person has successfully completed a rider course
7approved by the department. The department may, by rule, exempt certain persons
8from the rider course requirement of this paragraph. The driving skills of applicants
9for endorsements authorizing the operation of commercial motor vehicles equipped
10with air brakes, the transportation of passengers in commercial motor vehicles or the
11operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested
12by an actual demonstration of driving skills. The department may endorse an
13applicant's commercial driver license for transporting hazardous materials, or the
14operation of tank vehicles or vehicles towing double or triple trailers, as described
15in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In
16administering the knowledge test, the department shall attempt to accommodate
17any special needs of the applicant. The Except as may be required by the department
18for an "H" or "S" endorsement, the
knowledge test is not intended to be a test for
19literacy or English language proficiency. This paragraph does not prohibit the
20department from requiring an applicant to correctly read and understand highway
21signs.
AB557, s. 167 22Section 167. 343.17 (3) (e) 1. of the statutes is amended to read:
AB557,72,2523 343.17 (3) (e) 1. "K" restriction, which restricts a person issued a license under
24s. 343.065 to from operating commercial motor vehicles only within this state and not
25in interstate commerce.
AB557, s. 168
1Section 168. 343.21 (1) (g) of the statutes is amended to read:
AB557,73,42 343.21 (1) (g) For removing a "K" restriction against operation of commercial
3motor vehicles outside this state or in interstate commerce, the same fee as for a
4duplicate license.
AB557, s. 169 5Section 169. 343.21 (1) (jm) of the statutes is created to read:
AB557,73,86 343.21 (1) (jm) For reinstatement of a previously disqualified authorization to
7operate a commercial motor vehicle, $50. This fee is not applicable to
8disqualifications under s. 343.315 (2) (g).
AB557, s. 170 9Section 170. 343.21 (1) (m) of the statutes is created to read:
AB557,73,1210 343.21 (1) (m) For reinstatement of a previously canceled license or
11endorsement, $50. This fee includes reinstatement of any classification or
12endorsement applied for at the same time for which the applicant is qualified.
AB557, s. 171 13Section 171. 343.23 (2) of the statutes is amended to read:
AB557,74,1814 343.23 (2) The department shall maintain a file for each licensee containing the
15application for license, permit or endorsement, a record of reports or abstract of
16convictions, the status of the licensee's authorization to operate different vehicle
17groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9)
18(am) and a record of any reportable accident in which the licensee has been involved,
19including specification of the type of license and endorsements issued under this
20chapter under which the licensee was operating at the time of the accident and an
21indication whether or not the accident occurred in the course of the licensee's
22employment as a law enforcement officer, fire fighter or emergency medical
23technician — paramedic or as a person engaged, by an authority in charge of the
24maintenance of the highway, in highway winter maintenance snow and ice removal
25during either a storm or cleanup following a storm. This information must be filed

1by the department so that the complete operator's record is available for the use of
2the secretary in determining whether operating privileges of such person shall be
3suspended, revoked, canceled or withheld in the interest of public safety. The record
4of suspensions, revocations and convictions that would be counted under s. 343.307
5(2) and of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be
6maintained for at least 10 years. The record of convictions for disqualifying offenses
7under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of
8convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
9maintained permanently, except that 5 years after a licensee transfers residency to
10another state such record may be transferred to another state of licensure of the
11licensee if that state accepts responsibility for maintaining a permanent record of
12convictions for disqualifying offenses. Such reports and records may be cumulative
13beyond the period for which a license is granted, but the secretary, in exercising the
14power of revocation granted under s. 343.32 (2) may consider only those reports and
15records entered during the 4-year period immediately preceding the exercise of such
16power of revocation. For purposes of this subsection, "highway winter maintenance
17snow and ice removal" includes plowing, sanding, salting and the operation of
18vehicles in the delivery of those services.
AB557, s. 172 19Section 172. 343.24 (2m) of the statutes is amended to read:
AB557,75,620 343.24 (2m) If the department, in maintaining a computerized operating record
21system, makes copies of its operating record file data base, or a portion thereof, on
22computer tape or other electronic media, copies of the tape or media may be furnished
23to any person on request. The department may also furnish to any person upon
24request records on computer tape or other electronic media that contain information
25from files of uniform traffic citations or motor vehicle accidents and which were

1produced for or developed by the department for purposes related to maintenance of
2the operating record file data base.
The department shall charge a fee of $3 for each
3file of vehicle operators' records, uniform traffic citations or motor vehicle accidents
4contained in the tape or media. Nothing in this subsection requires the department
5to produce records of particular files or data in a particular format except as those
6records or data are made by the department for its purposes.
AB557, s. 173 7Section 173. 343.245 (3) (b) 3. and 4. of the statutes are amended to read:
AB557,75,88 343.245 (3) (b) 3. Is subject to an out-of-service order in any state; or
AB557,75,109 4. Has more than one operator's license, except during the 10-day period
10beginning on the date on which the employe is issued an operator's license.; or
Loading...
Loading...