343.07 Annotation
Although the liability of a passenger-teacher for the negligence of his student driver has generally been based on principles of agency, the passenger's liability may also arise from violation of an independent duty to supervise and control the automobile based upon his agreement, as an experienced driver, to instruct and supervise an inexperienced driver, as required by 343.07, for the protection of third persons on the highway. Hoeft v. Friedel, 70 W (2d) 1022, 235 NW (2d) 918.
343.075
343.075
Instructional permits for applicants for special restricted operators' licenses. The department may require an applicant for a special restricted operator's license under
s. 343.135 to first obtain an instructional permit if the department deems it advisable. The department shall determine the requirements for issuance of an instructional permit under this section and the restrictions, if any, on such permits.
343.075 History
History: 1979 c. 345.
343.08
343.08
Restricted licenses for persons under 18 years of age. 343.08(1)(1) Upon application therefor, the department may issue a restricted license to a person who is at least 14 and less than 18 years of age if the following conditions, in addition to any others specified in this chapter, are fulfilled:
343.08(1)(a)
(a) The department must be satisfied that it is necessary for the applicant to operate an automobile, farm truck, dual purpose farm truck, Type 1 motorcycle powered with an engine of not more than 125 cubic centimeters displacement, Type 2 motorcycle, moped or motor bicycle owned and registered by the applicant's parent or guardian or a farm truck leased to the applicant's parent or guardian.
343.08(1)(b)
(b) The applicant, accompanied by a parent or guardian, must have appeared in person before an examining officer with a certificate of birth to show that the applicant is at least 14 years of age.
343.08(1)(c)
(c) The applicant must have passed an examination as specified in
s. 343.16, including a test of the applicant's ability to safely operate the type of vehicle which the applicant is making application for license to operate.
343.08(2)(a)(a) A restricted license issued pursuant to this section is valid only until the licensee secures an operator's license issued pursuant to
s. 343.03 or reaches 18 years of age and, except as provided in
par. (b), entitles the licensee to operate an automobile, farm truck, dual purpose farm truck, Type 1 motorcycle powered with an engine of not more than 125 cubic centimeters displacement, Type 2 motorcycle, moped or motor bicycle owned and registered by the licensee's parent or guardian or a farm truck leased to the licensee's parent or guardian or any combination of these vehicles, depending on the restrictions placed by the department on the particular license.
343.08(2)(b)
(b) A license issued pursuant to this section does not authorize the licensee to operate any such vehicle during hours of darkness or to operate a vehicle for hire or in a city having a population of 500,000 or more or to operate a school bus or a commercial motor vehicle, including a farm truck or dual purpose farm truck defined as a commercial motor vehicle, or taxicab.
343.085
343.085
Probationary licenses to new drivers. 343.085(1)(1) Except as provided in
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.
343.085(2)(a)(a) Any person moving to this state who has been licensed in another jurisdiction for at least 3 years, who presently holds a license, other than an instruction permit, from another jurisdiction which has not expired for more than 6 months and who has passed the person's 21st birthday is exempt from this section.
343.085(2)(b)
(b) Applicants issued a commercial driver license are exempt from this section.
343.085(3)
(3) The secretary may suspend a person's operating privilege under this section when such person has been assigned sufficient demerit points after conviction for traffic violations to require suspension under the rule adopted under
sub. (5) and either holds a license issued under this section or by age comes under this section. The secretary may revoke such a person's operating privilege under this section if such person has a previous suspension under this section.
343.085(4)
(4) The secretary may require that a person be continued on probationary status beyond the period of first issuance if such person appears by the records of the department to have repeatedly violated any of the state traffic laws or any local ordinance in conformity therewith or any law of a federally recognized American Indian tribe or band in this state in conformity with any of the state traffic laws. A person may not be continued on probationary status due to a suspension under
s. 343.30 (6).
343.085(5)
(5) For the purpose of determining when to suspend or to continue a person on probationary status, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may change such weighted scale from time to time as experience or the accident frequency in the state makes necessary or desirable. Such scale may be weighted differently for this licensee than the scale used to determine revocations under
s. 343.32.
343.085 Annotation
See note to 343.32, citing Best v. State, 99 W (2d) 495, 299 NW (2d) 604 (Ct. App. 1980).
343.10
343.10
Occupational licenses. 343.10(1)
(1)
Application for occupational license. 343.10(1)(a)(a) If a person's license or operating privilege is revoked or suspended under this chapter or
s. 767.303 or
961.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in
sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or
s. 161.50 [767.303 or 961.50], except that this limitation does not apply to an application to amend an occupational license restriction.
343.10 Note
NOTE: Par. (a) is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language is the intended reference. Corrective legislation is pending.
343.10(1)(b)
(b) The application shall be in a form established by the department and shall identify the specific motor vehicle that the applicant seeks authorization to operate, including the vehicle classification and any required endorsements. The application shall include an explanation of why operating the motor vehicle is essential to the person's livelihood and identify the person's occupation or trade. The application shall identify the applicant's employer, and include proof of financial responsibility as specified in
s. 343.38 (1) (c) covering the vehicle or vehicles that the applicant requests authorization to operate. The application shall identify the hours of operation and routes of travel being requested by the applicant in accord with the restrictions of
sub. (5). The applicant shall certify whether, to the best of personal knowledge, he or she is disqualified under
s. 343.315.
343.10(1)(d)
(d) If the applicant's commercial driver license has been suspended or revoked 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, an application seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed with the department. The application may also seek authorization to operate "Class D" or "Class M" vehicles.
343.10(1)(e)
(e) If the applicant's commercial driver license has been suspended or revoked under
s. 343.32 (2), an application seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed with the department. The application may also seek authorization to operate "Class D" or "Class M" vehicles.
343.10(1)(f)
(f) If the applicant's commercial driver license has been suspended or revoked under
ch. 344, an application seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed with the department. The application may not seek authorization to operate "Class D" or "Class M" vehicles.
343.10(2)(a)(a) Except as provided in
pars. (b) to
(e), a person is eligible for an occupational license if the following conditions are satisfied:
343.10(2)(a)1.
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 [961.50] within the one-year period immediately preceding the present revocation or suspension, except as provided in
s. 344.40.
343.10 Note
NOTE: The bracketed language indicates the correct cross-reference. Section 161.50 was renumbered by
1995 Wis. Act 448. Corrective legislation is pending.
343.10(2)(a)2.
2. The person files proof of financial responsibility as specified under
s. 343.38 (1) (c) covering all vehicles for which the person seeks permission to operate.
343.10(2)(a)3.
3. The person surrenders his or her former operator's license unless the license is already in the possession of the court or the department.
343.10(2)(a)4.
4. At least 15 days have elapsed since the date of revocation or suspension, or, in the case of an appeal that is subsequently dismissed or affirmed, at least 15 days have elapsed since the date of revocation or suspension following the dismissal or affirmance of the appeal, unless another minimum waiting period or immediate eligibility is expressly provided by law.
343.10(2)(b)
(b) No occupational license may permit the operation of any motor vehicles for which the applicant did not hold valid authorization at the time of revocation or suspension of the person's license or operating privilege.
343.10(2)(c)
(c) No occupational license permitting the operation of a commercial motor vehicle may be granted to a person during a period of disqualification under
s. 343.315.
343.10(2)(d)
(d) A person whose operating privilege is revoked under
ch. 351 is not eligible for an occupational license except as provided in
s. 351.07.
343.10(2)(e)
(e) If the court orders a person to submit to and comply with an assessment and driver safety plan and if the person has 2 or more prior convictions, suspensions or revocations, as counted under
s. 343.307 (1), no occupational license may be granted until the person has completed the assessment and is complying with the driver safety plan.
343.10(3)(a)(a) If satisfied that the person is eligible under
sub. (2), the department shall consider the number and seriousness of prior traffic convictions in determining whether to issue an occupational license and what restrictions to specify. Notwithstanding
s. 343.40, the denial by the department of an application for an occupational license is not subject to judicial review.
343.10(3)(b)
(b) The department shall inform a person whose application for an occupational license under
sub. (1) is denied in whole or in part of the specific reasons for the denial and that he or she may file one petition for an occupational license under
sub. (4).
343.10(4)
(4) Petition for occupational license. 343.10(4)(a)(a) A person whose application for an occupational license under
sub. (1) is denied in whole or in part may file a petition with the clerk of the circuit court in the county in which the person resides for an order authorizing the issuance of an occupational license to the person. No person may file a petition under this paragraph unless he or she first pays the fee specified in
s. 814.61 (14) to the clerk of the circuit court. The person's petition shall include a copy of the person's current operating record under
s. 343.23 (2) and the reasons why the person should be granted an occupational license. The court shall consider the number and seriousness of prior traffic convictions in determining whether to grant the petition and shall state, in writing, its reasons for granting or denying the petition. No person may file more than one petition with respect to a denial of an application for an occupational license under
sub. (1).
343.10(4)(b)
(b) If the court grants the petition, the court shall issue an order authorizing the issuance of an occupational license to the person. The order for issuance of an occupational license shall include definite restrictions as to hours of the day, hours per week, type of occupation and areas or routes of travel to be permitted under the license as provided in
sub. (5). A copy of the order shall be forwarded to the department. Upon receipt of the court order, the petitioner shall be considered an applicant by the department for purposes of this section. The occupational license issued by the department under this paragraph shall contain the restrictions ordered by the court. If the court denies the petition, the clerk of the court shall notify the department of the denial of the petition.
343.10(4)(c)
(c) The department shall not issue an occupational license to a person upon receipt of an order from a court under this subsection if the person appears by the records of the department to have filed more than one petition with a court for an occupational license under this subsection.
343.10(5)
(5) Restrictions and limitations on occupational license. 343.10(5)(a)1.1. In addition to any restrictions appearing on the former operator's license of the applicant, the occupational license shall contain definite restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes of travel which are permitted under the license. The occupational license may permit travel to and from church during specified hours if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The occupational license may permit travel necessary to comply with a driver safety plan ordered under
s. 343.30 (1q) or
343.305 if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The occupational license may contain restrictions on the use of alcohol and of controlled substances and controlled substance analogs in violation of
s. 961.41.
343.10 Note
NOTE: Subd. 1. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
343.10(5)(a)2.
2. If the applicant has 2 or more convictions, suspensions or revocations, as counted under
s. 343.307 (1), the occupational license shall prohibit the applicant from driving or operating a motor vehicle while he or she has an alcohol concentration of more than 0.0.
343.10 Note
NOTE: Subd. 2. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
343.10(5)(a)3.
3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under
s. 343.307 (1), the occupational license of the applicant may restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device as provided under
s. 346.65 (6). A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device.
343.10 Note
NOTE: Par. (b) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
343.10(6)
(6) Fee. No person may file an application for an occupational license under
sub. (1) unless he or she first pays a fee of $40 to the department [59.25 (3) (m)].
343.10 Note
NOTE: Sub. (6) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by
1995 Wis. Act 201, but was rendered superfluous by the treatment of this provision by
1995 Wis. Act 269. Corrective legislation is pending.
343.10(7)
(7) Department to issue occupational license. 343.10(7)(b)(b) The department shall issue an occupational license as soon as practicable upon receipt of an application to the department under
sub. (1) or an order from a court under
sub. (4) or
s. 351.07 for such a license, if the department determines that the applicant is eligible under
sub. (2).
343.10(7)(c)
(c) If the person is disqualified under
s. 343.315 but otherwise eligible under
sub. (2), the department shall issue an occupational license authorizing operation only of vehicles other than commercial motor vehicles.
343.10(7)(cm)
(cm) If the occupational license includes the restriction specified in
sub. (5) (a) 3., the department shall not issue the occupational license until the applicant provides evidence satisfactory to the department that any motor vehicle that the applicant will be permitted to operate has been equipped with a functioning ignition interlock device.
343.10(7)(d)
(d) An occupational license issued by the department under this subsection shall be in the form of a photo license 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.
343.10(7)(e)
(e) The occupational license issued by the department shall contain the restrictions required by
sub. (5). The occupational license authorizes the licensee to operate a motor vehicle only when that operation is an essential part of the licensee's occupation or trade. If the department determines that the applicant is eligible under
sub. (2), the department may impose such conditions and limitations upon the authorization to operate commercial or noncommercial motor vehicles as in the secretary's judgment are necessary in the interest of public safety and welfare, including reexamination of the person's qualifications to operate a commercial or noncommercial motor vehicle or a particular type thereof. The department may limit such authorization to include, without limitation, the operation of particular vehicles, particular kinds of operation and particular traffic conditions.
343.10(7)(f)
(f) The expiration date of the occupational license is the 2nd working day after the date of termination of the period of revocation or suspension as provided by law. The occupational license may be revoked, suspended or canceled before termination of that period. An occupational license is not renewable when it expires. If an occupational license expires and is not revoked, suspended or canceled, the licensee may obtain a new license upon that expiration but only if he or she complies with the conditions specified in
s. 343.38. Revocation, suspension or cancellation of an occupational license has the same effect as revocation, suspension or cancellation of any other license.
343.10(7)(g)
(g) Notwithstanding
sub. (2) (a) 4., there shall be no minimum waiting period before the issuance of an occupational license under this subsection authorizing operation of only "Class A", "Class B" or "Class C" vehicles if the applicant's commercial driver license has been suspended or revoked 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 or has been suspended or revoked under
ch. 344. If the application also seeks authorization to operate "Class D" or "Class M" vehicles, the department may issue an occupational license if at least 15 days have elapsed since the date of suspension or revocation unless another minimum waiting period or eligibility at any time is provided by law.
343.10(8)
(8) Violation of restrictions; penalties. 343.10(8)(a)(a) Any person who violates any restriction of an occupational license, in addition to the immediate revocation of the license:
343.10(8)(a)1.
1. Shall forfeit not less than $150 nor more than $600, except as provided in
subd. 2.
343.10(8)(a)2.
2. Shall be fined not less than $300 nor more than $1,000 and shall be imprisoned not more than 6 months, if the number of convictions under this section equals 2 or more in a 5-year period.
343.10(8)(b)
(b) The 5-year period under
par. (a) 2. shall be measured from the dates of the violations which resulted in the convictions.
343.10(9)
(9) Notice. The department shall inform a person whose operating privilege is revoked or suspended under this chapter of his or her right to apply to the department for issuance of an occupational license under this section.
343.10 History
History: 1973 c. 90,
218;
1975 c. 297;
1977 c. 29 s.
1654 (7) (a), (e);
1977 c. 193;
1979 c. 102,
316,
355;
1981 c. 20;
1983 a. 27,
525,
526;
1985 a. 32 s.
3;
1985 a. 71,
337;
1987 a. 3;
1989 a. 31,
38,
105,
359;
1991 a. 39,
269,
277;
1995 a. 113,
201,
269,
401,
436,
448; s. 13.93 (2) (c).
343.10 Annotation
Court can't impose restrictions on occupational licenses other than those enumerated in sub. (1), 1987 stats. [now sub. (5) (a)]. State v. Darling, 143 W (2d) 839, 422 NW (2d) 886 (Ct. App. 1988).
343.11
343.11
Temporary license for persons previously licensed in another state. 343.11(1)
(1) The department shall not issue a license to a person previously licensed in another jurisdiction unless such person surrenders to the department all valid operator's licenses possessed by the person issued by any other jurisdiction, which surrender operates as a cancellation of the surrendered licenses insofar as the person's privilege to operate a motor vehicle in this state is concerned. When such applicant surrenders the license to the department, the department shall issue a receipt therefor, which receipt shall constitute a temporary license to operate a motor vehicle for a period not to exceed 60 days if the applicant meets the standard required for eyesight and, in the opinion of the examiner, is not a dangerous hazard to the applicant and other users of the highways. Except as provided in
s. 343.055, the temporary license shall not be valid authorization for the operation of commercial motor vehicles. The temporary license shall be surrendered to the examiner for cancellation by the department if the 3rd attempt at the driving test is failed and the applicant shall be required to secure a temporary instruction permit for further practice driving.
343.11(2)
(2) Upon the expiration of 30 days following the application, the department shall return all surrendered licenses to the issuing department together with information that the licensee is now licensed in this state or has been refused a license by this state, whichever the case may be.
343.11(3)
(3) Except as provided in
sub. (1), the department may issue a receipt to any applicant for a license, which receipt shall constitute a temporary license to operate a motor vehicle while the application for license is being processed. Such temporary license shall be valid for a period not to exceed 30 days.
343.12
343.12
School bus operators to obtain special authorization. 343.12(1)(a)(a) No person shall operate a school bus without having first applied for and received authorization from the department in the form of a school bus endorsement to the person's valid operator's license.
343.12(1)(b)
(b) A motor bus registered in compliance with
s. 341.26 (7) and equipped as provided under
ss. 347.25 (2) and
347.44 but not transporting children for any purpose is not a school bus within the meaning of this subsection while being used on a highway for purposes other than those specified in
s. 340.01 (56) (a) or
(am) if the flashing red warning lights are not used and all markings on the front and rear of the motor bus indicating that it is a school bus are removed or completely concealed.
343.12(2)
(2) The department shall issue a school bus endorsement to a person only if such person meets all of the following requirements:
343.12(2)(a)
(a) Subject to
sub. (3), is at least 18 years and not more than 70 years of age.
343.12(2)(c)
(c) Holds a valid operator's license issued under this chapter.
343.12(2)(d)
(d) Notwithstanding
ss. 111.321,
111.322 and
111.335, has not been convicted of reckless driving under
s. 346.62 or a local ordinance in conformity with
s. 346.62 (2) or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.62 (2), operating a motor vehicle while operating privileges are suspended or revoked under
s. 343.44 (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. 343.44 (1) with respect to operation of a motor vehicle while operating privileges are suspended or revoked, any of the offenses enumerated under
s. 343.31 (1) or
(2), or 2 or more offenses under
s. 346.63 (7) 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 (7), or a conviction under the law of another jurisdiction, as those terms are defined in
s. 340.01 (9r) and
(41m), respectively, prohibiting reckless or careless driving, as those or substantially similar terms are used in that jurisdiction's laws, or a conviction, suspension or revocation that would be counted under
s. 343.307 (2), within the 2-year period immediately preceding the date of application. Upon request of the operator or school, the department shall certify whether the operator meets this requirement.
343.12(2)(e)
(e) Subject to
ss. 111.321,
111.322 and
111.335, has not been convicted of a felony or offense against public morals in this state, including a conviction under the law of a federally recognized American Indian tribe or band in this state for an offense which, if the person had been convicted of the offense under the laws of this state, would have constituted a felony or offense against public morals, or in another jurisdiction, within the past 5 years.
