AB52: Bill Text Engrossed

LRB-3116/1

PEN:kmg:ch

1999 - 2000 LEGISLATURE

Engrossed 1999 Assembly BILL 52

May 19, 1999 - Printed by direction of Assembly Chief Clerk.

AB52-engrossed,1,8 An Act to repeal 343.07 (1) (c); to renumber and amend 343.085 (1) and 343.32 (2) (c); to consolidate, renumber and amend 343.07 (1) (a) and (b); to amend 121.41 (2), 343.07 (3), 343.085 (3), 343.085 (5), 343.19 (1) and 343.21 (1) (i); and to create 343.06 (1) (cm), 343.07 (1) (bm), 343.085 (1) (b), 343.085 (2m), 343.17 (3) (a) 13., 343.21 (1) (ir), 343.32 (2) (bc) and 343.32 (2) (c) 2. of the statutes; relating to: instruction permits, probationary licenses and regular licenses to operate motor vehicles; driver education programs; granting rule-making authority; and providing a penalty.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 1999 Assembly Bill 52 consists of the following documents adopted in the Assembly on May 12, 1999: Assembly Substitute Amendment 3, as affected by the following Assembly Amendments: Assembly Amendments 1 and 4, Assembly Amendment 6 (Part 1, lines 1 to 9) and Assembly Amendment 10.

In engrossing, the text in Item 2 of Assembly Amendment 10 to Assembly Substitute Amendment 3 to Assembly Bill 52 was repositioned, by LRB correction dated May 19, 1999, after line 14 of page 9, because the text in Item 2 is an initial applicability provision.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB52-engrossed, s. 1 Section 1. 121.41 (2) of the statutes is amended to read:

AB52-engrossed,2,6 121.41 (2) Fees. A school board or the technical college system board may establish and collect reasonable fees for any driver education program or part of a program which is neither required for nor credited toward graduation. The school board or the technical college system board may waive any fee established under this subsection for any indigent pupil.

AB52-engrossed, s. 2 Section 2. 343.06 (1) (cm) of the statutes is created to read:

AB52-engrossed,2,19 343.06 (1) (cm) To operate "Class D" vehicles to any person under 18 years of age, unless the person has accumulated at least 30 hours of behind-the-wheel driving experience, at least 10 hours of which were during hours of darkness. Each hour of behind-the-wheel driving experience while accompanied by a qualified instructor, as defined in s. 343.07 (5), shall be considered to be 2 hours of behind-the-wheel driving experience, except that no more than 5 hours of behind-the-wheel driving experience while accompanied by a qualified instructor may be counted in this manner. This paragraph does not apply to applicants for a restricted license under s. 343.08 or a special restricted operator's license under s. 343.135. The department may promulgate rules that waive the requirement of accumulating at least 30 hours of behind-the-wheel experience for qualified applicants who are licensed by another jurisdiction to operate "Class D" vehicles.

AB52-engrossed, s. 3 Section 3. 343.07 (1) (a) and (b) of the statutes are consolidated, renumbered 343.07 (1) (a) (intro.) and amended to read:

AB52-engrossed,3,7 343.07 (1) (a) (intro.) If the permittee is at least 16 years of age, the permittee shall not Except as provided in this subsection, no permittee may operate a motor vehicle unless accompanied by a qualified instructor, or a licensed person with who has at least 2 years of licensed driving experience, who presently holds a valid regular license, occupying as defined in s. 343.03 (3) (a), who occupies the seat beside the permittee. No other passengers are allowed in the vehicle except as provided in par. (c) or (cm). (b) and who is one of the following:

AB52-engrossed,3,12 1. A permittee under the age of 16 is restricted to operation of a motor vehicle only while accompanied by a qualified instructor, the who is 19 years of age or older. If the motor vehicle is equipped with dual controls, up to 3 other persons, in addition to the qualified instructor, may occupy seats in the motor vehicle other than the front seat.

AB52-engrossed,3,16 2. The permittee's parent or, guardian who meets the other qualifications of par. (a) or a licensed or spouse who is 19 years of age or older. In addition to the parent, guardian or spouse, the permittee's immediate family members may occupy seats in the motor vehicle other than the front seat.

AB52-engrossed,3,22 3. A person who is 21 years of age or older who meets the other qualifications of par. (a) and who has. If the permittee is under 18 years of age, this subdivision applies only if the licensed person has been designated in writing to accompany the permittee by the permittee's parent or guardian prior to operation of the vehicle by the permittee. Upon reaching the age of 16, the permittee gains the privilege of any other permittee.

AB52-engrossed, s. 4 Section 4. 343.07 (1) (bm) of the statutes is created to read:

AB52-engrossed,3,25 343.07 (1) (bm) Except as provided in par. (a), no permittee may operate a motor vehicle upon a highway in this state whenever any person is in the motor vehicle.

AB52-engrossed, s. 5 Section 5. 343.07 (1) (c) of the statutes is repealed.

AB52-engrossed, s. 6 Section 6. 343.07 (3) of the statutes is amended to read:

AB52-engrossed,4,8 343.07 (3) Duration; cancellation. An instruction permit shall be to operate vehicles other than commercial motor vehicles or school buses is valid for 6 12 months except that it may be canceled upon receipt of information, by the secretary, of noncompletion or unsatisfactory completion of a driver education and training course by a permittee under the age of 18. An instruction permit to operate commercial motor vehicles or school buses is valid for 6 months.

AB52-engrossed, s. 7 Section 7. 343.085 (1) of the statutes is renumbered 343.085 (1) (a) and amended to read:

AB52-engrossed,4,14 343.085 (1) (a) Except as provided in par. (b) and sub. (2), the department shall issue a probationary license to all applicants for an original license. The probationary license shall remain in effect during the entire period of the first issuance of the original license as provided in s. 343.20 (1) (a).

AB52-engrossed, s. 8 Section 8. 343.085 (1) (b) of the statutes is created to read:

AB52-engrossed,4,23 343.085 (1) (b) The department may not issue a probationary license to operate "Class D" vehicles under this section to an applicant who is under 18 years of age unless the applicant has held an instruction permit issued under s. 343.07 for not less than 6 months and, during the 6-month period immediately preceding application, has not committed a moving violation, specified by the department by rule, resulting in a conviction. The department may promulgate rules to waive the requirement of holding an instruction permit for not less than 6 months for qualified applicants who are licensed by another jurisdiction to operate "Class D" vehicles.

AB52-engrossed, s. 9 Section 9. 343.085 (2m) of the statutes is created to read:

AB52-engrossed,5,3 343.085 (2m) (a) Except as provided in this subsection, during the 9-month period after issuance of a probationary license under this section, no licensee under 18 years of age may operate a "Class D" vehicle upon a highway in this state:

AB52-engrossed,5,5 1. If, in addition to the licensee, the vehicle is occupied by any person other than the following:

AB52-engrossed,5,6 a. Any number of members of the licensee's immediate family.

AB52-engrossed,5,7 b. A person who meets the requirements under s. 343.07 (1) (a).

AB52-engrossed,5,8 c. Not more than one other person not described in subd. 1. a. and b.

AB52-engrossed,5,12 2. Between the hours of 12 midnight and 5 a.m., unless the licensee's parent or guardian, or a person who meets the requirements under s. 343.07 (1) (a), occupies the seat beside the licensee, or unless the licensee is traveling between his or her place of residence, school or place of employment.

AB52-engrossed,5,14 (am) 1. Paragraph (a) does not apply to any licensee to whom all of the following apply:

AB52-engrossed,5,16 a. The licensee is operating the motor vehicle in the service of an organized program that, without compensation, transports teenagers to their homes.

AB52-engrossed,5,20 b. The licensee possesses documentation that identifies the program and the licensee and that authorizes the licensee to operate a motor vehicle in service of the program on the date and time of the operation. The documentation is valid only if signed by a person who is at least 25 years of age and associated with the program.

AB52-engrossed,5,24 c. The licensee is accompanied by another licensee, other than a teenager who is being transported, who is in the motor vehicle in the service of the program described in subd. 1. a. and who possesses the documentation described in subd. 1. b.

AB52-engrossed,6,2 d. The licensee is accompanied by not more than 3 passengers in the vehicle. The licensee described in subd. 1. c. shall not be counted under this subd. 1. d.

AB52-engrossed,6,7 2. Paragraph (a) does not apply to any licensee operating the motor vehicle to or from a program described in subd. 1. a., if the licensee possesses documentation described in subd. 1. b. A licensee described in this subdivision may be accompanied by any number of persons also traveling to or from a program described in subd. 1. a.

AB52-engrossed,6,9 (ar) Paragraph (a) does not apply to any licensee operating a motor vehicle for emergency purposes.

AB52-engrossed,6,13 (b) 1. The department shall extend the restrictions under par. (a) for an additional 6-month period or until the licensee's 18th birthday, whichever occurs earlier, if any of the following occurs while the licensee is subject to the restrictions under par. (a):

AB52-engrossed,6,15 a. The licensee commits a moving violation specified by the department by rule, resulting in a conviction of the licensee.

AB52-engrossed,6,16 b. The licensee violates par. (a).

AB52-engrossed,6,18 c. A court or the department suspends or revokes the licensee's operating privilege for any reason other than a mental or physical disability.

AB52-engrossed,6,21 2. If the department extends a restriction period under subd. 1., the department shall immediately provide notice of the extension by 1st class mail to the person's last-known residence address.

AB52-engrossed,6,23 (c) A period of restriction under this subsection does not run while a person's operating privilege is suspended or revoked.