343.15(1)(a)(a) Except as provided in
sub. (4), the application of any person under 18 years of age for a license shall be signed and verified by either of the applicant's parents, or a stepparent of the applicant or other adult sponsor, as defined by the department by rule. The application shall be signed and verified before a traffic officer, a duly authorized agent of the department or a person duly authorized to administer oaths.
343.15(1)(b)
(b) The adult sponsor under
par. (a) shall sign and verify on the application that the person under 18 years of age 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).
343.15(2)(b)
(b) Any negligence or wilful misconduct of a person under the age of 18 years when operating a motor vehicle upon the highways is imputed to the parents where both have custody and either parent signed as sponsor, otherwise, it is imputed to the adult sponsor who signed the application for such person's license. The parents or the adult sponsor is jointly and severally liable with such operator for any damages caused by such negligent or wilful misconduct.
343.15(3)
(3) Any adult who signed the application of a person under the age of 18 years for a license may thereafter file with the department a verified written request that the license of such minor be canceled. Within 10 days after the receipt of such request the department shall cancel the license. When the license has been so canceled, the adult who signed the application and the parents or guardian of such minor is relieved from the liability which otherwise would be imposed under
sub. (2) by reason of having signed such application, or being a parent or guardian, insofar as any negligence or wilful misconduct on the part of the minor while operating a motor vehicle subsequent to the cancellation concerned.
343.15(4)(a)(a) The department may issue a license to a person who is under 18 years of age even though an adult sponsor has not signed the application for license if such person is in one of the classes specified in this paragraph or in a substantially similar class specified by the department by rule and if a certificate of insurance to the effect that such person is covered by a motor vehicle policy of liability insurance meeting the requirements of
s. 344.33 has been filed with the department. Such policy may be canceled or terminated only after notice as provided in
s. 344.34.
343.15(4)(a)2.
2. A person who does not reside with his or her parents and who is a full-time student or earning a living.
343.15(4)(a)3.
3. A person who is a ward of the state, county or court and who has been placed in a foster home or a treatment foster home or in the care of a religious welfare service.
343.15(4)(a)4.
4. A person who is married and whose spouse is under 18 years of age.
343.15(4)(b)
(b) A person who is not required to have an adult sponsor under
par. (a) shall sign and verify on the application that he or she 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).
343.15(5)
(5) When a citation for a moving traffic violation, under
chs. 341 to
349 or under a local ordinance in conformity therewith, is issued to or a notice of revocation under
s. 351.027 is sent to a person who is under 18 years of age and required to have a sponsor under this section, the issuing or filing agency shall, within 7 days, notify the person's sponsor or parents of the violation or notice. When the secretary suspends or revokes the operating privilege of a person who is under 18 years of age and who possesses a license and who is required to have a sponsor under this section or when the secretary receives notice that a court has suspended or revoked the operating privilege of such a person, the secretary shall, within 14 days after the suspension or revocation or receipt of the notice of suspension or revocation by the court, respectively, notify the person's sponsor or parents of the suspension or revocation.
343.15 Annotation
Summary judgment in favor of an insurer was properly denied when the basis for the insured's liability was sponsorship of driver's license and the policy excluded vehicles used in any business or occupation of any insured, because the son was not an insured and the truck was not being used in the business or occupation of the father. Biesiadny v. Henningfeld, 65 W (2d) 88, 221 NW (2d) 690.
343.15 Annotation
Pierringer release of minor did not bar plaintiff's action under (2) against sponsor. Swanigan v. State Farm Ins. Co. 99 W (2d) 179, 299 NW (2d) 234 (1980).
343.15 Annotation
Pierringer release of minor barred action under (2) against sponsor by nonsettling defendants. Jackson v. Ozaukee County, 111 W (2d) 462, 331 NW (2d) 338 (1983).
343.15 Annotation
Stepmother who signed application as sponsor was "parent" under this section. Ynocencio v. Fesko, 114 W (2d) 391, 338 NW (2d) 461 (1983).
343.15 Annotation
Sub. (2) is constitutional. Mikaelian v. Woyak, 121 W (2d) 581, 360 NW (2d) 706 (Ct. App. 1984).
343.15 Annotation
Evidence of sponsors' wealth is not admissible for purposes of assessing punitive damages against underage driver; however, under vicarious liability doctrine, sponsor is liable for payment. Franz v. Brennan, 150 W (2d) 1, 440 NW (2d) 562 (1989).
343.16
343.16
Examination of applicants; reexamination of licensed persons. 343.16(1)(1)
Required testing of knowledge and driving skills. 343.16(1)(a)(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), 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. 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.
343.16(1)(b)
(b)
Third-party testing. The department may contract with a person, including an agency or department of this state or its political subdivisions or another state, or a private employer of commercial motor vehicle drivers, to administer commercial motor vehicle skills tests required by
49 CFR 383.110 to
383.135, examinations required to be administered under
s. 343.12 (2) (h) and abbreviated driving skills tests required by
sub. (3) (b). The department may not enter into such testing contracts with a private driver training school or other private institution. A contract with a 3rd-party tester shall include all of the following provisions:
343.16(1)(b)1.
1. All tests and examinations conducted by the 3rd-party tester shall be the same as those given by the department.
343.16(1)(b)2.
2. The department, the federal highway administration or its representative may conduct random examinations, inspections and audits of the 3rd-party tester without any prior notice.
343.16(1)(b)3.
3. At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements. At least annually, the department shall also evaluate testing given by the 3rd-party by one of the following means:
343.16(1)(b)3.a.
a. Department employes shall take the tests and examinations actually administered by the 3rd-party tester as if the department employe were an applicant.
343.16(1)(b)3.b.
b. The department shall retest a sample of drivers who were examined by the 3rd-party to compare the pass and fail results.
343.16(1)(b)4.
4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department's license examiners to the extent established by the department as necessary to satisfactorily perform the skills tests required by
49 CFR 383.110 to
383.135, examinations required to be administered under
s. 343.12 (2) (h) and abbreviated driving skills tests required by
sub. (3) (b).
343.16(1)(b)5.
5. The department shall take prompt and appropriate remedial action against the 3rd-party tester in the event that the tester fails to comply with department or federal standards for commercial driver license testing, department standards for school bus endorsement testing or any provision of the contract. Such action may include immediate termination of testing by the 3rd-party tester and recovery of damages.
343.16(1)(c)
(c)
Driver education course. The department may, after consultation with the department of education and the technical college system board, provide for administration of and certification of the results of the test of an applicant's knowledge of the traffic laws and ability to read and understand highway signs in conjunction with a course in driver education specified in this paragraph, by an instructor in that course. The test under this paragraph does not include that part of a driver's examination involving the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle required for the issuance of a license other than an instruction permit. The test under this paragraph may be administered and certified by an instructor in any of the following:
Effective date note
NOTE: Par. (c) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(c) Driver education course. The department may, after consultation with the department of public instruction and the technical college system board, provide for administration of and certification of the results of the test of an applicant's knowledge of the traffic laws and ability to read and understand highway signs in conjunction with a course in driver education specified in this paragraph, by an instructor in that course. The test under this paragraph does not include that part of a driver's examination involving the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle required for the issuance of a license other than an instruction permit. The test under this paragraph may be administered and certified by an instructor in any of the following:
343.16(1)(c)1.
1. A course in driver education in public schools approved by the department of education.
Effective date note
NOTE: Subd. 1. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
1. A course in driver education in public schools approved by the department of public instruction.
343.16(1)(c)2.
2. A course in driver education in technical colleges approved by the technical college system board.
343.16(1)(c)3.
3. A course in driver education in nonpublic and private schools that meets the minimum standards set by the department of education.
Effective date note
NOTE: Subd. 3. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
3. A course in driver education in nonpublic and private schools that meets the minimum standards set by the department of public instruction.
343.16(2)(a)(a)
Rules. The department shall promulgate rules setting testing standards for commercial driver license applicants. The testing standards shall comply with
49 CFR 383.71 to
383.135.
343.16(2)(b)
(b)
Specific requirements. The standards developed by the department under
par. (c) shall provide that the examination for persons making their first application for an operator's license shall include a test of the applicant's eyesight, ability to read and understand highway signs regulating, warning and directing traffic, knowledge of the traffic laws, including
s. 346.26, understanding of fuel-efficient driving habits and the relative costs and availability of other modes of transportation, knowledge of the need for anatomical gifts and the ability to make an anatomical gift through the use of a donor card issued under
s. 343.175 (2), and an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The test of knowledge of the traffic laws shall include questions on the provisions of
ss. 343.30 (1q),
343.303 to
343.31 and
346.63 to
346.655, relating to the operation of a motor vehicle and the consumption of alcohol beverages. The test of knowledge may also include questions on the social, medical and economic effects of alcohol and other drug abuse. The examination of applicants for authorization to operate `Class M' vehicles shall test an applicant's knowledge of Type 1 motorcycle safety, including proper eye protection to be worn during hours of darkness. The department may require persons changing their residence to this state from another jurisdiction and persons applying for a reinstated license after termination of a revocation period to take all or parts of the examination required of persons making their first application for an operator's license. Any applicant who is required to give an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall furnish a representative vehicle in safe operating condition for use in testing ability.
343.16(2)(c)
(c)
Standards. The department shall promulgate rules setting standards to govern driver license examinations and reexaminations. Such standards shall take into consideration any federal standards or requirements which may apply.
343.16(2)(cm)
(cm)
Motorcycle waiver. The department shall waive the driving skills test of a person applying for authorization to operate "Class M" vehicles if the applicant holds an instruction permit under
s. 343.07 (4) and has successfully completed a basic rider course approved by the department.
343.16(2)(d)
(d)
Motor bicycle or moped waiver. The department may promulgate rules authorizing a license examiner to waive the operating skill examination of a person applying for a license to operate a motor bicycle or moped if the applicant has the physical ability to operate the vehicle safely. The rules shall ensure that the applicant demonstrates knowledge of the traffic laws necessary for the safe operation of the vehicle.
343.16(2)(e)
(e)
Farm service industry employe waiver. To the extent permitted under applicable federal law or regulation, the department may waive any knowledge test and shall waive the commercial driver license driving skills test of a person applying for an "F" endorsement, except as provided under
s. 343.16 (5) or
(6).
343.16(3)(a)(a) The department shall examine every applicant for the renewal of an operator's license once every 4 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.
343.16(3)(b)
(b) The department shall require each applicant for the renewal of an operator's license with an endorsement authorizing the operation of school buses to take and pass the knowledge test under
sub. (1) and an abbreviated driving skills test including, but not limited to, pretrip inspection, the loading and unloading of passengers and railroad crossing procedures.
343.16(4)
(4) Conduct of driving skills test. 343.16(4)(a)(a) An applicant who holds an expired instruction permit, expired out-of-state license or who seeks to reinstate his or her operating privilege may drive a motor vehicle only when accompanied by an authorized license examiner for the purpose of examining the applicant's ability to operate a motor vehicle. Such applicant must be driven to and from the examining area by a licensed driver. This exception to the requirement to hold a valid operator's license does not apply to the operation of a commercial motor vehicle. For purposes of examining applicants for a special restricted operator's license under
s. 343.135, the department may waive the requirements of this paragraph in any case in which it considers a waiver desirable.
343.16(4)(b)
(b) More than one authorized operator's license examiner or supervisor may ride with any licensed operator or applicant for an operator's license for the purpose of examining the person's ability to operate a motor vehicle.
343.16(5)
(5) Medical or other special examinations. 343.16(5)(a)(a) The secretary may require any applicant for a license or any licensed operator to submit to a special examination by such persons or agencies as the secretary may direct to determine incompetency, physical or mental disability, disease or any other condition which might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. When the department requires the applicant to submit to an examination, the applicant shall pay the cost thereof. If the department receives an application for a renewal or duplicate license after voluntary surrender under
s. 343.265 or receives a report from a physician or optometrist under
s. 146.82 (3), or if the department has a report of 2 or more arrests within a one-year period for any combination of violations of
s. 346.63 (1) or
(5) 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) or
(5), or s.
346.63 (1m), 1985 stats., or
s. 346.63 (2) or
(6) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, the department shall determine, by interview or otherwise, whether the operator should submit to an examination under this section. The examination may consist of an assessment. If the examination indicates that education or treatment for a disability, disease or condition concerning the use of alcohol, a controlled substance or a controlled substance analog is appropriate, the department may order a driver safety plan in accordance with
s. 343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the department shall suspend the person's operating privilege in the manner specified in
s. 343.30 (1q) (d).
343.16(5)(b)
(b) Whenever the department receives the results of a special examination required under this subsection, the department shall give fair consideration to the recommendation of the examining person or agency together with other evidence in determining if it is in the interest of public safety to issue, renew, deny or cancel a license. If a license is denied or canceled by the department after a special examination as provided in
par. (a), such denial or cancellation shall be reviewed by a reviewing board upon written request of the applicant filed with the department within 10 days after receipt of notice of such denial or cancellation. Notice of denial or cancellation shall be in writing and contain specific reasons. The notice shall contain a statement that the applicant has 10 days within which to file a written request with the department for review of the department's decision by the reviewing board. The applicant shall have the right to appear personally before the review board, to present witnesses and additional information, and to be represented by counsel. The department's representative may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant documents and may require a reexamination of the applicant. No law enforcement officer or other witness produced by the applicant to testify on the applicant's behalf shall be paid a witness fee nor shall any law enforcement officer called to appear for the department be paid any witness fee. A record including the recommendations of the board shall be made of the proceeding. If a license is denied or canceled, the applicant shall be given specific reasons in writing. Review boards shall consist of the department's representative and at least 2 members appointed by the secretary from a list of physicians licensed to practice medicine in this state and a list of optometrists licensed to practice optometry in this state. Optometrists shall be limited to reviewing cases concerning vision only. In cases concerning mental disability or disease at least one of the physicians shall have specialized training in psychiatry. In cases concerning seizure disorders at least one of the physicians shall have specialized training in neurology. The members of the board shall receive the per diem and expenses provided in
s. 15.08 (7) which shall be charged to the appropriation under
s. 20.395 (5) (cq). A decision of the department based on the recommendation of a reviewing board is subject to judicial review under
s. 343.40.
343.16(5)(c)
(c) All reports, records or information furnished by or on behalf of an applicant or licensed operator under this subsection are confidential and shall be for the sole use of the department, the applicant or licensed driver, the review board and the courts in administering this section and are not admissible as evidence for any other purpose in any civil or criminal action. The applicant or licensed driver may give informed written consent for release of this information to others.
343.16(5)(d)
(d) Nothing in this subsection shall be interpreted to require the release of this information which was obtained under a pledge of confidentiality and such a clear pledge was made in order to obtain the information and was necessary to obtain the information.
343.16(6)
(6) Special retesting of licensed operations. 343.16(6)(a)(a) Whenever the secretary has good cause to believe that a licensed operator is incompetent or otherwise not qualified to be licensed, the secretary may, upon written notice of at least 5 days to the licensee, require the licensee to submit to an examination including all or part of the tests specified in
sub. (1). Upon the conclusion of such examination the secretary shall take such action as is appropriate under this chapter, including cancellation of the license or permitting the licensee to retain the license subject to such restrictions as the secretary may order or without restrictions.
343.16(6)(b)
(b) Whenever the department requires an examination for renewal of an operator's license, it shall issue a receipt at the time of request for appearance for such examination which receipt shall constitute a temporary license to operate a motor vehicle for not to exceed 60 days pending such examination.
343.16(7)(a)(a) Any person required by or pursuant to this section to submit to an examination who by any means secures the services of another person to appear in that person's place to take such examination may be fined not less than $100 nor more than $200 or imprisoned not more than 6 months or both.
343.16(7)(b)
(b) Any person who appears for an examination under this section in the place of another person required to take such examination may be fined not less than $100 nor more than $200 or imprisoned not more than 6 months or both for the first offense and may be fined not less than $200 nor more than $500 or imprisoned not more than one year in county jail or both for the second or each subsequent offense thereafter.
343.16 History
History: 1971 c. 164 s.
83;
1973 c. 90,
176;
1975 c. 36,
199;
1977 c. 29 ss.
1456,
1654 (7) (a), (c);
1977 c. 273,
418;
1979 c. 34 ss.
1067m,
2102 (52) (a);
1979 c. 221,
345;
1981 c. 20;
1983 a. 74,
243,
534,
538;
1985 a. 65,
337;
1987 a. 3,
40,
215;
1989 a. 31,
105,
359;
1991 a. 21,
32,
39,
316;
1993 a. 16,
19,
183,
399;
1995 a. 27 s.
9145 (1);
1995 a. 113,
195,
448.
343.17
343.17
Contents and issuance of operator's license. 343.17(1)(1)
License issuance. The department shall issue an operator's license and endorsements, as applied for, to every qualifying applicant who has paid the required fees.
343.17(2)
(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.
343.17(3)(a)(a) The front side of the license document shall include, without limitation, all of the following:
343.17(3)(a)1.
1. The full name, date of birth and residence address of the person.
343.17(3)(a)3.
3. A physical description of the person, including sex, height, weight and hair and eye color, but excluding any mention of race.
343.17(3)(a)4.
4. A unique identifying driver number assigned by the department.
343.17(3)(a)5.
5. A facsimile of the person's signature, or a space upon which the licensee shall immediately write his or her usual signature with a pen and ink on receipt of the license, without which the license is not valid.
343.17(3)(a)6.
6. The classes of vehicles that the person is authorized to operate under
par. (c), together with any endorsements or restrictions.
343.17(3)(a)11.
11. If the license authorizes the operation of certain commercial motor vehicles, the legend "Commercial Driver License", a readily recognizable abbreviation thereof or "CDL".
343.17(3)(a)12.
12. If the person is not the legal drinking age, as defined in
s. 125.02 (8m), at the time of issuance of the license, a distinctive background color for the license document designated by the department that clearly identifies to the public that the person was not the legal drinking age at the time of issuance of the license.
343.17(3)(b)
(b) The reverse side of the license shall contain an explanation of any restriction codes or endorsement abbreviations used on the front of the license, in sufficient detail to identify the nature of the restrictions or endorsements to a law enforcement officer of this state or another jurisdiction. Except for a commercial driver license or a license labeled "CDL-Occupational" as described in
s. 343.03 (3) (b) and
(e), a part of the reverse side of each license shall be printed to serve as a document of gift under
s. 157.06 (2) (b) and
(c) or a document of refusal to make an anatomical gift under
s. 157.06 (2) (i).
343.17(3)(c)
(c) The classifications on operator's licenses shall be as follows:
343.17(3)(c)1.
1. Classification "A", which authorizes the operation of "Class A" vehicles as described in
s. 343.04 (1) (a). A driver who has passed the knowledge and driving skills tests for operating "Class A" vehicles shall receive a license authorizing the operation of "Class A", "Class B" and "Class C" vehicles if the person possesses any requisite endorsement.
343.17(3)(c)2.
2. Classification "B", which authorizes the operation of "Class B" vehicles as described in
s. 343.04 (1) (b). A driver who has passed the knowledge and driving skills tests for operating "Class B" vehicles shall receive a license authorizing the operation of "Class B" and "Class C" vehicles if the person possesses any requisite endorsement.
343.17(3)(c)3.
3. Classification "C", which authorizes the operation of "Class C" vehicles as described in
s. 343.04 (1) (c) if the person possesses any requisite endorsement.
