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.
343.17(3)(c)4.
4. Classification "D", which authorizes the operation of "Class D" vehicles as described in
s. 343.04 (1) (d) if the person possesses any requisite endorsement.
343.17(3)(c)5.
5. Classification "M", which authorizes the operation of Type 1 motorcycles.
343.17(3)(d)
(d) The endorsements on operator's licenses shall be as follows:
343.17(3)(d)1g.
1g. "F" endorsement, which authorizes a seasonal employe of a farm service industry employer who is eligible for a restricted commercial driver license under applicable federal law or regulation to operate "Class B" and "Class C" vehicles as described in
s. 343.04 (1) (b) and
(c) for a seasonal period not to exceed 180 days in any calendar year. This endorsement permits the transporting of liquid fertilizers in vehicles or implements of husbandry with total capacities of 3,000 gallons or less, solid fertilizers that are not transported with any organic substance or 1,000 gallons or less of diesel fuel, but no combination of these materials. The endorsement does not permit operation of a commercial motor vehicle beyond 150 miles of the farm service industry employer's place of business or, in the case of custom harvesters, the farm currently being served.
343.17(3)(d)1m.
1m. "H" endorsement, which authorizes the driver to operate vehicles transporting hazardous materials.
343.17(3)(d)2.
2. "N" endorsement, which authorizes operating tank vehicles.
343.17(3)(d)3.
3. "P" endorsement, which authorizes operating vehicles designed to carry, or actually carrying, 16 or more passengers including the driver, except this endorsement does not authorize the operation of school buses unless the licensee also holds an "S" endorsement.
343.17(3)(d)4.
4. "S" endorsement, which authorizes operating school buses.
343.17(3)(d)5.
5. "T" endorsement, which authorizes operating commercial motor vehicles with double or triple trailers where the operation of such combination vehicles is permitted.
343.17(3)(d)6.
6. "X" endorsement, which is an optional endorsement that may be used to indicate that the licensee holds both "H" and "N" endorsements.
343.17(3)(e)
(e) The standard restriction codes used on commercial driver licenses include:
343.17(3)(e)1.
1. "K" restriction, which restricts a person issued a license under
s. 343.065 from operating commercial motor vehicles in interstate commerce.
343.17(3)(e)2.
2. "L" restriction, which prohibits a person from operating commercial motor vehicles equipped with air brakes, as required in
s. 343.13 (2).
343.17(4)(a)(a) When an operator's license is subject to lengthy special restrictions or other restrictions not described in the standard codes on the front side of the license, the department shall indicate on the license document that the license is subject to restrictions contained on one or more separate special restrictions cards.
343.17(4)(b)
(b) A separate special restrictions card shall describe the restrictions, bear the issuance date of the card, specify the identifying driver number of the license to which it applies, and indicate the number and order of special restrictions cards currently issued by the department to the person, in the manner "1 of 2".
343.17(5)
(5) No photos on temporary licenses. The temporary licenses issued under
ss. 343.10,
343.11 (1) and
(3),
343.16 (6) (b) and
343.305 (8) (a) shall be on forms provided by the department and shall contain the information required by
sub. (3), except the license is not required to include a photograph of the licensee.
343.17(6)
(6) Rules. Subject to
subs. (2) and
(3), the department shall promulgate rules setting the design and specifications for the license document and subsequent changes thereto.
343.17 Annotation
In sub. (2g) (e), a "conviction under this section" includes an offense under sub. (1). State v. Charles, 180 W (2d) 155, 509 NW (2d) 85 (Ct. App. 1993).
343.17 Annotation
Application of sub. (2) (b) 2 discussed. State v. Muniz, 181 W (2d) 928, 512 NW (2d) 252 (Ct. App. 1994).
343.17 Annotation
A person whose period of suspension resulting from an OWI conviction has as ended but who remains suspended due to a failure to complete required alcohol assessment is subject to sub. (2g). State. Doyen, 185 W (2d) 635, 518 NW (2d) 521 (Ct. App. 1994).
343.175
343.175
Organ donor information. 343.175(1)
(1)
Department to solicit and record information. As part of every application for an original, duplicate, reinstated, reissued or renewal license or endorsement, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person.
343.175(1r)
(1r) Department to provide information. In addition to the inquiry under
sub. (1), if the applicant is at least 18 years of age, the department shall orally state to the applicant that he or she has the opportunity to indicate his or her willingness to be an organ donor. If the applicant indicates that he or she is undecided in response to the inquiry under
sub. (1), the department shall provide the applicant with written information that all organ procurement organizations and the department have together developed. If the applicant makes an affirmative response to the inquiry under
sub. (1), the department shall request at that time that the applicant write on the license the information that is specified under
sub. (2) (ar) and affix a sticker, as described in
sub. (3) (a), to the front side of the license document.
343.175(2)(a)(a) Except as provided in
par. (ag), 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).
343.175(2)(ag)
(ag) The department shall print a separate document to be issued to all persons issued a commercial driver license or a license labeled "CDL-Occupational" as described in
s. 343.03 (3) (b) and
(e) and make provisions so that the document may be attached to the reverse side of the license document along one edge. This document shall 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).
343.175(2)(ar)
(ar) If the person desires to be an organ donor, he or she may so indicate in the space provided on the license. The donor may supply information in the space provided on the license, including the specific body parts or organs to be donated, the name of the donee, the purpose for which the gift is made and the physician whom the donor wishes to carry out the appropriate procedures. The anatomical gift described on the license shall be signed by the licensee.
343.175(2)(b)
(b) The licensee may revoke or amend his or her gift by crossing out the donor authorization in the space provided on the license or as otherwise prescribed in
s. 157.06. The licensee may refuse to make an anatomical gift by so indicating in the space provided on the license or as otherwise prescribed in
s. 157.06.
343.175(3)(a)(a) The department shall designate a space on the front side of the license document where the licensee may affix a sticker which indicates that the licensee is a potential donor of body organs or parts for the purposes of transplantation, therapy, medical research or education. The sticker shall not be larger than one-half inch in diameter and shall not conceal any of the contents required by
s. 343.17 (3). The sticker shall be of a distinctive design and supplied to the donor by a nationally recognized organization that enlists donors of body organs or parts for the purposes of transplantation, therapy, medical research or education.
