343.51(2)(a)(a) The department shall prescribe the form and size of identification cards issued under this section and shall promulgate rules regarding the issuance and use of the cards. The identification cards shall be designed and displayed so as to enable law enforcement officers to determine that the vehicle, when parked, is entitled to parking privileges under
s. 346.50 (2),
(2a) and
(3), but shall not be unnecessarily conspicuous when the vehicle is operated. The department may establish an expiration date for any special identification card issued prior to July 1, 1994. Except as provided in
par. (b), any special identification card issued after June 30, 1994, shall be valid for 4 years.
343.51(2)(b)
(b) The department shall issue special identification cards which are valid for limited periods of time if the physician's statement required by
sub. (1) indicates that the applicant's disability is temporary.
343.51(2)(c)
(c) At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The application shall include all of the information required for issuance of a special identification card under
sub. (1). The fee for a renewal identification card shall be the fee established by the department under
sub. (1). Except as provided in
par. (b), each card shall be valid for 4 years.
343.51(3)
(3) The department shall disseminate information to all applicants for a special identification card under
sub. (1) relating to the parking privileges granted under
s. 346.50 (2),
(2a) or
(3) and their right to request enforcement of
s. 346.505.
343.52
343.52
Unlawful use of special identification cards. 343.52(1)(1) Any person or organization who does any of the following may be required to forfeit not more than $200:
343.52(1)(a)
(a) Lends to another a special identification card issued under
s. 343.51, knowing that the person borrowing the card is not authorized by law to use it; or
343.52(1)(b)
(b) Displays a special identification card issued under
s. 343.51 upon a vehicle which is not authorized by law to have the card displayed thereon.
343.52(1m)
(1m) Any person or organization that fraudulently procures, alters or uses a special identification card issued under
s. 343.51 or reproduces by any means whatever a special identification card shall forfeit not less than $200 nor more than $500.
343.52(2)
(2) The department shall cancel the special identification card of any person or organization who improperly uses a card as described in
sub. (1) or who reproduces or fraudulently procures, alters or uses a card under
sub. (1m). The department may order a person or organization whose identification card has expired or has been canceled to surrender the card to the department. The department may take possession of any expired identification card or any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
343.52(3)(b)(b) A member of a disabled parking enforcement assistance council under
s. 349.145 who observes a violation of this section may prepare a written report indicating that a violation has occurred. The report shall contain, if applicable, the time and location at which the violation occurred, and any other relevant information relating to the violation.
343.52(3)(c)
(c) Within 24 hours after observing the violation, the member may deliver the report to a traffic officer of the political subdivision in which the violation occurred. A report which does not contain all of the information in
par. (b) shall nevertheless be delivered and shall be maintained by the political subdivision for statistical purposes.
343.52(3)(d)1.1. Within 48 hours after receiving a report containing all of the information in
par. (b) and after conducting an investigation, the traffic officer may prepare a uniform traffic citation under
s. 345.11 for the violation and may personally serve it upon the person or organization.
343.52(3)(d)2.
2. If with reasonable diligence the person or organization cannot be served under
subd. 1. or if the person or organization lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the person's or organization's last-known address.
LICENSING OF DRIVER SCHOOLS AND INSTRUCTORS
343.60(1)
(1) "Driver school" means the business of giving instruction, for compensation, in the driving of motor vehicles, except that it does not include a high school or technical college which teaches driver training as part of its regular school program and whose course of study in driver training has been approved by the department of education or technical college system board and it does not include an institution of higher learning which teaches driver training as part of its teacher training program.
Effective date note
NOTE: Sub. (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) "Driver school" means the business of giving instruction, for compensation, in the driving of motor vehicles, except that it does not include a high school or technical college which teaches driver training as part of its regular school program and whose course of study in driver training has been approved by the department of public instruction or technical college system board and it does not include an institution of higher learning which teaches driver training as part of its teacher training program.
343.60(2)
(2) "Fraudulent practices" includes, but is not limited to:
343.60(2)(a)
(a) Any conduct or representation tending to give the impression that a license to operate a motor vehicle or any other license, registration or service granted by the secretary or department may be obtained by any means other than the means prescribed by law or by furnishing or obtaining the same by illegal or improper means; or
343.60(2)(b)
(b) The requesting, accepting, exacting or collecting of money for such purpose.
343.60(3)
(3) "Instructor" means any person who gives instruction in the driving of a motor vehicle, except a person who is employed as a full time instructor by a high school, technical college or institution of higher learning as provided in
sub. (1).
343.60(4)
(4) "Place of business" means the location at which the driver school is conducted.
343.61
343.61
License required for driver school; fee. 343.61(1)
(1) No person shall conduct a driver school without being licensed therefor by the department.
343.61(2)
(2) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee.
343.61(3)
(3) The required fee for any driver school license, or for any annual renewal thereof, is $25.
343.61(4)
(4) If the application for a driver school license is approved by the department and the required fee paid, the applicant shall be granted a license and shall be issued a license certificate. The licensee shall display such certificate in the licensee's place of business.
343.61(5)
(5) A driver school license expires at the end of the calendar year, for which it is granted.
343.61(6)
(6) No driver school may be licensed unless its approved course of instruction acquaints each student with the hazards posed by farm machinery and animals on highways and provides instruction in safely dealing with such hazards.
343.62
343.62
License required for instructor; fee. 343.62(1)
(1) No person holding a driver school license shall employ any person as an instructor unless such person is licensed by the department to act as such instructor. No person, including the person holding the driver school license, shall act as an instructor in such school unless such person is licensed by the department to act as such instructor.
343.62(2)
(2) Application for an instructor's license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee.
343.62(3)
(3) The required fee for any instructor's license, or for any annual renewal thereof, is $5.
343.63
343.63
Examination of applicants for instructor's license. All applicants for an original instructor's license shall be examined, and other applicants may be examined, by the department as follows:
343.63(1)
(1) A written and oral test shall be completed by the applicant and shall be designed to evaluate the applicant's knowledge of instruction procedures, motor vehicle and traffic laws, safety equipment requirements and functions of essential automotive equipment. The applicant must receive a score of at least 80 per cent.
343.63(2)
(2) The applicant must pass a road test not less than 5 miles long, which shall include driving maneuvers and parking involved in typical traffic situations. The passing score of the applicant must exceed the minimum standard set for obtaining an operator's license by the state.
343.63(3)
(3) Except for an applicant for an instructor's license which is restricted to classroom instruction, the applicant must pass a psychophysical test with the following grades:
343.63(3)(a)
(a) Visual acuity—20/40 in either eye and at least 20/100 in the other eye, with or without corrective glasses, as measured in the Snellen type test;
343.63(3)(b)
(b) Color perception—
ability to perceive and distinguish colors commonly used to regulate and control traffic;
343.63(3)(c)
(c) Depth perception—
20 per cent stereopsis, using the ortho-rater depth perception test built into the road sign identification target.
343.63(3)(d)
(d) Field of vision—lateral range of at least 85 per cent or more from a focus line to each eye;
343.63(3)(e)
(e) Reaction time—at least 50/100 second, using portable brake reaction test, or 75/100 second when using detonator method; and
343.63(3)(f)
(f) Hearing—adequate hearing with or without corrective help.
343.63(4)
(4) The applicant shall submit with his or her application a statement completed by a registered physician showing that in the physician's judgment the applicant is physically fit to teach driving.
343.63(5)
(5) Except for a license which is restricted to classroom instruction, no license shall be issued to an applicant who has suffered an amputation or loss of the full use of either upper limb or loss of the natural use of the foot normally employed to operate the foot brake and foot accelerator.
343.63(5m)
(5m) The department may issue an instructor's license which is restricted to classroom instruction to an applicant who does not otherwise qualify for a license because of a test result under
sub. (3) or because the applicant has suffered an amputation or loss of the full use of either upper limb or loss of the natural use of the foot normally employed to operate the foot brake and foot accelerator, as specified in
sub. (5).
343.63(6)
(6) Applicants who fail to pass a satisfactory examination after 2 successive attempts shall not be reexamined until one year has elapsed since the date of the last examination.
343.64
343.64
Denial of driver school license. The secretary may deny the application of any person for a driver school license on a determination that:
343.64(1)
(1) Such applicant has made a material false statement or concealed a material fact in the application;
343.64(2)
(2) Such applicant or any officer, director, partner or other person directly interested in the business was a former holder of a license granted under
s. 343.61 or was directly interested in another driver school which held a license under
s. 343.61 and which license was revoked or suspended;
343.64(3)
(3) Subject to
ss. 111.321,
111.322 and
111.335, the applicant or any officer, director, stockholder, partner or any person directly interested in the business has been convicted of a felony, unless the person so convicted has been duly pardoned;
343.64(4)
(4) The applicant has failed to furnish satisfactory evidence of fitness;
343.64(6)
(6) Such applicant is not the true owner of the school; or
343.64(7)
(7) The application is not accompanied by a copy of a standard liability insurance policy in the amount of $50,000 for personal injury to, or death of any one person and subject to said limit for any one person, $100,000 for personal injury to, or death of any number of persons involved in any one accident, and $10,000 for property damage in any one accident, suffered or caused by reason of the negligence of the applicant or any agent or employe of the applicant.
343.65
343.65
Denial of instructor's license. The secretary may deny the application of any person for an instructor's license on a determination that:
343.65(1)
(1) Such applicant has made a material false statement or concealed a material fact in connection with the application; or
343.65(2)
(2) The applicant has failed to furnish satisfactory evidence of the facts required of the applicant, has not held a license to drive a motor vehicle within this state for the past year, has not had a driving record satisfactory to the secretary, or, subject to
ss. 111.321,
111.322 and
111.335, has been convicted of a felony and has not been duly pardoned.
343.65 Annotation
An OWI conviction in another state need not be under a law with the same elements as the Wisconsin statute to be counted as a prior conviction. State v. White, 177 W (2d) 121, 501 NW (2d) 463 (Ct. App. 1993).
343.66
343.66
Revocation or suspension of driver school license. The secretary may suspend or revoke any driver school license issued under
s. 343.61 or refuse to issue a renewal thereof if:
343.66(1)
(1) The licensee has made a material false statement or concealed a material fact in connection with the application for a license or the renewal thereof;
343.66(2)
(2) Subject to
ss. 111.321,
111.322 and
111.335, the licensee or any partner, member, manager or officer of the licensee has been convicted of a felony;
343.66(4)
(4) The licensee or any partner, member, manager or officer of such licensee has been guilty of fraud or fraudulent practices in relation to the business conducted under the license, or guilty of inducing another person to resort to fraud or fraudulent practices in relation to securing for himself or herself or another the license to drive a motor vehicle;
343.66(5)
(5) Subject to
ss. 111.321,
111.322 and
111.335, the licensee has knowingly employed, as an instructor, a person who has been convicted of a felony or has retained such a person in such employ after knowledge of his or her conviction; or
343.66(6)
(6) The licensee has failed to maintain satisfactory insurance to meet damage claims in the amounts specified by
s. 343.64 (7).
343.67
343.67
Revocation or suspension of instructor's license. The secretary may suspend or revoke any instructor's license issued under
s. 343.62 or refuse to issue a renewal thereof if:
343.67(1)
(1) The licensee has made a material false statement or concealed a material fact in connection with the licensee's application for the license or any renewal thereof;
343.67(4)
(4) The licensee has been guilty of fraud or fraudulent practices in relation to securing for himself or herself or another a license to drive a motor vehicle.
343.67 Annotation
A driver whose car struck an already dead body could not be charged under this section. State v. Yoder, 200 W (2d) 463, 546 NW (2d) 470 (Ct. App. 1996).
343.68
343.68
Renewal no bar to revocation of license. In reviewing the renewal of a license, the secretary may deny or delay such renewal for causes and violations as prescribed by
ss. 343.64 to
343.72 occurring during any prior license period.
343.68 History
History: 1977 c. 29 s.
1654 (7) (c).
343.69
343.69
Hearings on license denials and revocations. Before the department denies an application for a driver school license or instructor's license or revokes any such license, the department shall notify the applicant or licensee of the pending action and that the division of hearings and appeals will hold a hearing on the pending denial or revocation. The division of hearings and appeals shall send notice of the hearing by registered or certified mail to the last-known address of the licensee or applicant, at least 10 days prior to the date of the hearing.
