AB208: Bill Text

LRB-0059/1

EVM:emw/jld/eev:ew

2015 - 2016 LEGISLATURE

2015 Assembly BILL 208

May 8, 2015 - Introduced by Representatives Kitchens, Ripp, Ballweg, Bernier, E. Brooks, Horlacher, Mursau, A. Ott, Quinn, Spiros, Steffen, Vorpagel and Weatherston, cosponsored by Senators Petrowski, Lassa, Marklein and Olsen. Referred to Committee on Transportation.

AB208,1,4 An Act to repeal 343.17 (4); to amend 343.03 (3) (a), 343.03 (3) (b), 343.03 (3) (c), 343.03 (3) (d), 343.03 (3) (e), 343.10 (7) (d), 343.17 (2), 343.18 (1) and 343.315 (2) (f) 7.; and to create 343.17 (4m) of the statutes; relating to: special restrictions cards issued with certain motor vehicle operator's licenses.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Transportation (DOT) may, upon issuing a motor vehicle operator's license, impose operating restrictions related to the licensee's ability to operate a motor vehicle safely. A restriction imposed under this authority is generally indicated on the front side of the licensee's operator's license. When an operator's license is subject to lengthy special restrictions or special restrictions that are not described in DOT's standard codes, DOT issues a separate special restrictions card that describes the restrictions. This special restrictions card is, in general, treated as a portion of the operator's license document and must be carried with the operator's license when operating a motor vehicle.

Under this bill, DOT is not required to issue special restrictions cards.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

AB208,1 Section 1. 343.03 (3) (a) of the statutes is amended to read:

AB208,2,9 343.03 (3) (a) Regular license. The standard license legend is "regular" or a readily recognizable abbreviation thereof. The regular license, without any express endorsements or restrictions as provided in this chapter, authorizes the licensee to operate only "class D" vehicles as described in s. 343.04 (1) (d), except as otherwise provided in this subsection. The license may be endorsed to permit operation of Type 1 motorcycles or school buses that are not commercial motor vehicles. A regular license may be subject to restrictions, including the attachment of a special restrictions card as provided in s. 343.17 (4).

AB208,2 Section 2. 343.03 (3) (b) of the statutes is amended to read:

AB208,2,17 343.03 (3) (b) Commercial driver license. A license authorizing the operation of "Class A", "Class B" or "Class C" vehicles, including a license issued under s. 343.065, shall be labeled "Commercial Driver License" or "CDL". A commercial driver license may be endorsed to permit the operation of any other class or type of vehicle described in s. 343.04. A commercial driver license may be subject to restrictions, including the attachment of a special restrictions card as provided in s. 343.17 (4).

AB208,3 Section 3. 343.03 (3) (c) of the statutes is amended to read:

AB208,2,23 343.03 (3) (c) Motorcycle only license. Except as provided in par. (f), a license authorizing only the operation of "Class M" vehicles shall be labeled "Motorcycle Only". A motorcycle only license may not be endorsed to permit the operation of any other class or type of vehicle. The license may be subject to restrictions, including the attachment of a special restrictions card as provided in s. 343.17 (4).

AB208,4 Section 4. 343.03 (3) (d) of the statutes is amended to read:

AB208,3,6 343.03 (3) (d) Special restricted license. A license issued under s. 343.135 shall be labeled "Special Restricted License" or a readily recognizable abbreviation thereof. The license may authorize the operation of only "Class D" vehicles and may not be endorsed to permit operation of the vehicle types described in s. 343.04 (2). The license may be subject to restrictions in addition to those provided in s. 343.135, including the attachment of a special restrictions card as provided in s. 343.17 (4).

AB208,5 Section 5. 343.03 (3) (e) of the statutes is amended to read:

AB208,3,14 343.03 (3) (e) Occupational license. A license issued under s. 343.10 authorizing only the operation of motor vehicles other than "Class A", "Class B" or "Class C" vehicles shall be labeled "Occupational License". An occupational license may authorize the operation of "Class D" or "Class M" vehicles, or both, but may not permit operation of the vehicle types described in s. 343.04 (2). The license may be subject to restrictions in addition to those provided in s. 343.10 , including the attachment of a special restrictions card as provided in s. 343.17 (4).

AB208,6 Section 6. 343.10 (7) (d) of the statutes is amended to read:

AB208,3,21 343.10 (7) (d) An occupational license issued by the department under this subsection shall be in the form of a license that includes a photograph described in s. 343.14 (3), unless the exception under s. 343.14 (3m) applies, and any special restrictions cards under s. 343.17 (4). The license shall clearly indicate that restrictions on a special restrictions card apply and that the special restrictions card is part of the person's license.

AB208,7 Section 7. 343.17 (2) of the statutes is amended to read:

AB208,4,2 343.17 (2) License document. The license shall be a single document, in one part, consisting of 2 sides, except as otherwise provided in sub. (4) and s. 343.10 (7) (d). The document shall be, to the maximum extent practicable, tamper proof and shall contain physical security features consistent with any requirement under federal law.

AB208,8 Section 8. 343.17 (4) of the statutes is repealed.

AB208,9 Section 9. 343.17 (4m) of the statutes is created to read:

AB208,4,8 343.17 (4m) Lengthy special restrictions. If an operator's license is subject to restrictions that do not fit within the available space on the license document, the restrictions shall be provided to the licensee in a format determined by the department.

AB208,10 Section 10. 343.18 (1) of the statutes is amended to read:

AB208,4,13 343.18 (1) Every licensee shall have his or her license document, including any special restrictions cards issued under s. 343.10 (7) (d) or 343.17 (4), in his or her immediate possession at all times when operating a motor vehicle and shall display the same license document upon demand from any judge, justice, or traffic officer.

AB208,11 Section 11. 343.315 (2) (f) 7. of the statutes is amended to read:

AB208,4,22 343.315 (2) (f) 7. Operating a commercial motor vehicle when the person does not have in his or her immediate possession the person's commercial driver license document, including any special restrictions cards issued under s. 343.10 (7) (d) or 343.17 (4), unless the person produces in court or in the office of the law enforcement officer that issued the citation, by the date that the person must appear in court or pay any fine or forfeiture with respect to the citation, a commercial driver license document issued to the person prior to the date of the citation and valid at the time of the citation.

AB208,12 Section 12. Effective date.

AB208,5,2 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB208,5,3 (End)