343.05 History
History: 1971 c. 164 s.
83;
1977 c. 29 s.
1654 (7) (a);
1977 c. 273,
288,
447;
1979 c. 345;
1981 c. 42,
138;
1981 c. 390 s.
252;
1983 a. 243,
534,
535,
538;
1985 a. 65;
1989 a. 87,
105,
359;
1991 a. 32,
39;
1995 a. 113,
269,
347;
1997 a. 237.
343.05 Cross-reference
Cross-reference: See s.
343.37 for limitations on nonresident operators.
343.05 Annotation
"Highway" means entire width between boundary lines of every public road, i.e. entire right-of-way. In Interest of E.J.H. 112 W (2d) 439, 334 NW (2d) 77 (1983).
343.05 Annotation
See note to 347.485, citing 58 Atty. Gen. 17.
343.05 Annotation
Under (1), a driver's license, indorsed for motor-driven cycle operation, is not required for operation of a motor-driven cycle on private property. 64 Atty. Gen. 79.
343.05 Annotation
The guidelines for operating a commercial vehicle under this section constitute a fundamental public policy to promote highway safety. The discharge of an at-will employe for refusing to violate this section was a wrongful discharge. Kempfer v. Automated Finishing, Inc. 211 W (2d) 100, 564 NW (2d) 692 (1997).
343.055
343.055
Commercial driver license waivers. 343.055(1)(a)(a)
General. Except as provided in
subs. (3) and
(4) and notwithstanding
s. 343.05 (2), operators of certain commercial motor vehicles specified in
pars. (b) to
(h) or any rule of the department promulgated under
sub. (5) are not required to hold commercial driver licenses, if the operator holds a valid operator's license not limited to "Class M" vehicles.
343.055(1)(b)
(b)
Fire fighters. The operator of the commercial motor vehicle including, without limitation, fire trucks, hook and ladder trucks and foam or water transporters, is a person employed by a volunteer or paid fire organization and the person is operating emergency or fire fighting equipment necessary to the preservation of life or property or the execution of emergency management functions and equipped with a siren and warning lamps as provided in
ss. 347.25 (1) and
347.38 (4) and the operation is in the routine performance of other duties of the fire organization or in response to an emergency call under
s. 346.03 or during the return from a fire or other emergency response.
343.055(1)(c)
(c)
Farmers. The operator of the commercial motor vehicle is a farmer who is using the commercial motor vehicle within 150 miles of the operator's farm to transport agricultural products, farm machinery or farm supplies including transporting hazardous materials or a combination thereof to or from a farm and the commercial motor vehicle is operated and controlled by a farmer and not used in the operations of a common motor carrier or contract motor carrier, as defined in
s. 194.01 (1) and
(2). In this paragraph, "controlled" means leased or owned; and "farmer" and "leased" have the meanings given in
s. 340.01 (18) (b).
343.055(1)(d)
(d)
Recreational vehicle operators. The operator of the commercial motor vehicle is a person operating a motor home, or a vehicle towing a 5th-wheel mobile home or single-unit touring mobile home not exceeding 45 feet in length and the vehicle or combination, including both units of a combination towing vehicle and the 5th-wheel mobile home or mobile home, is both operated and controlled by the person and is transporting only members of the person's family, guests or their personal property. This paragraph does not apply to any transportation for hire or the transportation of any property connected to a commercial activity. In this paragraph, "controlled" means leased or owned.
343.055(1)(h)
(h)
Rescue squad members. The operator of the commercial motor vehicle is a member of a legally organized rescue squad. This paragraph applies only to the operation of authorized emergency vehicles.
343.055(2)
(2) Disqualifications not applicable. Notwithstanding
s. 343.44, a person disqualified under
s. 343.315 may operate a commercial motor vehicle as described in this section if the person holds a valid operator's license issued to the person authorizing the operation of "Class D" vehicles.
343.055(3)
(3) Vehicles transporting hazardous materials, carrying passengers or towing double or triple trailers not waived. Nothing in this section authorizes the operation of a combination vehicle with double or triple trailers, a vehicle transporting hazardous materials except as provided in
sub. (1) (c), or a vehicle carrying or designed to transport the driver and 15 or more persons, by a person who does not hold a valid operator's license properly endorsed to permit such operation.
343.055(4)
(4) Effect of waivers. The waivers under this section shall apply to the extent permitted under federal law and shall exempt a person only from the requirement in
s. 343.05 (2) to hold a commercial driver license to operate a commercial motor vehicle upon a highway in this state. A commercial motor vehicle operated under this waiver remains a commercial motor vehicle.
343.055(5)
(5) Rules. As soon as possible after the federal commercial motor vehicle safety act,
49 USC 31301 to
31317, or the regulations adopted under that act permit any commercial driver license waiver, the department shall promulgate rules governing eligibility for the waiver. This subsection applies to waivers not permitted by federal law on May 12, 1992.
343.06
343.06
Persons not to be licensed. 343.06(1)
(1) The department shall not issue a license:
343.06(1)(a)
(a) To any person whose operator's license or nonresident's operating privilege was withheld, suspended, revoked or canceled under the provisions of the law in effect prior to September 1, 1941, unless such person complies with the requirements of this chapter relative to obtaining a license or restoration of operating privileges after suspension, revocation or cancellation.
343.06(1)(b)
(b) To any person whose operating privilege has been suspended or revoked or is subject to immediate mandatory suspension or revocation under this chapter, except as otherwise expressly provided in this chapter.
343.06(1)(c)
(c) To any person under age 18 unless the person 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), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under
s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in
s. 343.07 (1). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under
s. 343.08 or
343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under
s. 343.16 (1) (c) and
(2) (cm) to
(e), no operator's license may be issued unless a driver's examination has been administered by the department.
343.06(1)(d)
(d) To any person whose dependence on alcohol has attained such a degree that it interferes with his or her physical or mental health or social or economic functioning, or who is addicted to the use of controlled substances or controlled substance analogs, except that the secretary may issue a license if the person submits to an examination, evaluation or treatment in a treatment facility meeting the standards prescribed in
s. 51.45 (8) (a), as directed by the secretary, in accordance with
s. 343.16 (5).
343.06(1)(e)
(e) To any person who is unable to exercise reasonable control over a motor vehicle, as defined by the department by rule.
343.06(1)(f)
(f) To any person who is required by this chapter to take an examination, unless such person takes and successfully passes such examination. Deaf persons otherwise qualified under this chapter to receive a license shall be issued such license in the discretion of the secretary.
343.06(1)(g)
(g) To any person who is required under the motor vehicle financial responsibility laws of this state to furnish proof of financial responsibility, and who has not furnished such proof in the manner prescribed by statute and any lawful rules of the department pertaining thereto.
343.06(1)(h)
(h) To any person when the secretary has good cause to believe that the operation of a motor vehicle on the highways by such person will be inimical to the public safety or welfare.
343.06(1)(i)
(i) To any person who has been convicted of any offense specified under
ss. 940.225,
948.02,
948.025 and
948.07 or adjudged delinquent under
ch. 938 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. The prohibition against issuance of a license to the offenders shall apply immediately upon receipt of a record of the conviction and the court finding by the secretary, for a period of one year or until discharge from any jail or prison sentence or any period of probation, extended supervision or parole with respect to the offenses specified, whichever date is the later. Receipt by the offender of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the prohibition began, entitles the holder to apply for an operator's license. The applicant may be required to present the certificate of discharge to the secretary if the latter deems it necessary.
343.06(1)(j)
(j) To any person applying for his or her first license or identification card or for a reinstated license in this state unless the person has submitted satisfactory proof of his or her name and date of birth.
343.06(2)
(2) The department shall not issue a commercial driver license, including a renewal, occupational or reinstated license, to any person during any period of disqualification under
s. 343.315 or
49 CFR 383.51 or the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987. Any person who is known to the department to be subject to disqualification under
s. 343.315 (1) (a) shall be disqualified by the department, unless the required period of disqualification has already expired.
Effective date note
NOTE: Sub. (2) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(2) The department shall not issue a commercial driver license, including a renewal, occupational or reinstated license, to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51 or the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987. Any person who is known to the department to be subject to disqualification as described in s. 343.44 (1) (d) shall be disqualified by the department, unless the required period of disqualification has already expired.
343.06(3)
(3) The department shall not issue a commercial driver license valid for use in interstate commerce to any person who is less than 21 years of age or who does not meet the physical qualifications for drivers contained in
49 CFR 391 or rules of the department concerning qualifications of drivers in interstate commerce.
343.06 History
History: 1971 c. 40 s.
93;
1971 c. 154 s.
79 (3);
1971 c. 219;
1975 c. 184 s.
13;
1975 c. 421;
1977 c. 29 s.
1654 (7) (a), (c);
1977 c. 41,
238,
273,
360,
447;
1983 a. 17,
243;
1985 a. 202;
1987 a. 40,
122;
1987 a. 332 s.
64;
1987 a. 403;
1989 a. 31,
105;
1993 a. 16,
227,
363,
399,
491;
1995 a. 27 s.
9145 (1);
1995 a. 77,
113,
448;
1997 a. 27,
84,
283.
343.06 Annotation
Performance of duty delegated to a state road examiner under sub. (7), 1987 stats. [now sub. (1) (e)] is within rule of civil immunity as matter of law. Lifer v. Raymond, 80 W (2d) 503, 259 NW (2d) 537.
343.06 Annotation
The offering of driver education courses by public schools is optional rather than mandatory; but if offered, all qualified students must be allowed to participate. The state superintendent may require private schools to consent to on-site inspections for compliance verification as a condition of approval granted those schools under that section. 59 Atty. Gen. 27.
343.065
343.065
Restricted commercial driver license. 343.065(1)
(1) If an applicant for a commercial driver license is less than 21 years of age or does not meet the physical qualifications for drivers contained in
49 CFR 391 or an alternative federally approved driver qualification program established by the department by rule but is at least 18 years of age and otherwise qualified under this chapter and the rules of the department, the department may issue the applicant a commercial driver license restricted to authorizing the operation of commercial motor vehicles not in interstate commerce.
343.065(2)
(2) A commercial driver license issued under this section shall clearly identify that the license does not authorize the operation of commercial motor vehicles in interstate commerce.
343.065 History
History: 1989 a. 105;
1995 a. 113.
343.07
343.07 Instruction permits. 343.07(1)(1)
Regular permit; issuance, restrictions. Upon application therefor by a person at least 15 years and 6 months of age who, except for age or lack of training in the operation of a motor vehicle, is qualified to obtain an operator's license and has passed such knowledge test as the department may require, the department may issue a regular instruction permit. The permit entitles the permittee to operate a motor vehicle, except a commercial motor vehicle, school bus or Type 1 motorcycle, a motor bicycle or a moped, upon the highways, subject to the following restrictions:
343.07(1)(a)
(a) If the permittee is at least 16 years of age, the permittee shall not operate a motor vehicle unless accompanied by a qualified instructor, or a licensed person with at least 2 years of licensed driving experience, who presently holds a valid license, occupying the seat beside the permittee. No other passengers are allowed in the vehicle except as provided in
par. (c) or
(cm).
343.07(1)(b)
(b) A permittee under the age of 16 is restricted to operation of a motor vehicle only while accompanied by a qualified instructor, the permittee's parent or guardian who meets the other qualifications of
par. (a) or a licensed person 21 years of age or older who meets the other qualifications of
par. (a) and who has been designated in writing to accompany the permittee by the permittee's parent or guardian prior to operation of the vehicle by the permittee. Upon reaching the age of 16, the permittee gains the privilege of any other permittee.
343.07(1)(c)
(c) If the licensed accompanying operator is a qualified instructor and the vehicle used for instruction by the school is equipped with dual controls, up to 3 other persons may occupy seats in the motor vehicle other than the front seat.
343.07(1)(cm)
(cm) If the permittee is at least 16 years of age, in addition to the licensed accompanying operator, one other licensed person 25 years of age or more with at least 2 years' driving experience may occupy a seat in the motor vehicle other than the front seat.
343.07(1)(d)
(d) The permittee shall not operate a motor vehicle during the hours of darkness unless accompanied by:
343.07(1)(d)1.
1. A licensed person 25 years of age or more, with at least 2 years' licensed driving experience, occupying the seat beside the permittee; or
343.07(1)(e)
(e) The permittee may operate a motor vehicle when accompanied by an authorized license examiner for the purpose of examining the permittee's ability to operate a motor vehicle.
343.07(1m)
(1m) Commercial motor vehicle and school bus instruction permits; issuance, restrictions. Upon application therefor by a person at least 18 years of age who holds a valid operator's license issued under this chapter and who, except for lack of training in the operation of a commercial motor vehicle or school bus, is qualified to obtain authorization for the operation of such vehicle including having passed the applicable knowledge tests, the department may issue an instruction permit for commercial motor vehicle or school bus operation. A permit limited to commercial motor vehicle instructional operation entitles the permittee to operate only a commercial motor vehicle upon the highways. A permit limited to school bus instructional operation entitles the permittee to operate only a school bus upon the highways. Both permits are subject to the following restrictions:
343.07(1m)(a)
(a) Except as provided in
par. (am), the permittee may not operate a commercial motor vehicle or school bus unless accompanied by a qualified instructor or a licensed person 21 years of age or older with a valid license authorizing the person to operate such vehicle, occupying the seating position nearest to the driver. No passengers are allowed in the vehicle, except that when the accompanying operator is a qualified instructor up to 3 other permittees also being trained may occupy seats in the vehicle. The permittee may operate a commercial motor vehicle carrying property under this paragraph.
343.07(1m)(am)1.1. A permittee may operate a commercial motor vehicle or school bus, other than a vehicle type specified in
s. 343.04 (2) (a),
(c) or
(f), within this state unaccompanied by a qualified instructor or a licensed person 25 years of age or older with at least 2 years of licensed driving experience in a representative vehicle and a valid license authorizing the person to operate such vehicle if the permittee has taken and passed the applicable knowledge tests and all of the following requirements are met:
343.07(1m)(am)1.a.
a. The permittee is operating the vehicle in connection with a driver training course or program approved by the department.
343.07(1m)(am)1.b.
b. The vehicle is being used by the permittee exclusively for driver training purposes and not for the purposes of carrying property or passengers.
343.07(1m)(am)1.c.
c. Direct, uninterrupted audio or audiovisual electronic communication between a qualified instructor and the permittee is maintained at all times the permittee is operating the vehicle.
343.07(1m)(am)2.
2. This paragraph shall apply to the extent permitted under federal law.
343.07(1m)(b)
(b) Unless the permittee is at least 21 years of age, the instruction permit is not valid authorization for operation in interstate commerce and that lack of authorization shall be clearly indicated on the permit.
343.07(1m)(c)
(c) The permittee may operate a commercial motor vehicle or school bus when accompanied by an authorized license examiner for the purpose of examining his or her ability to operate a commercial motor vehicle or school bus.
343.07(2)
(2) Training certificate required. Except for persons who qualify for a license under
s. 343.08, the department shall not issue an instruction permit to anyone under 18 years of age, unless it has a certificate from the applicant's qualified instructor to the effect that the applicant is enrolled in an approved driver education and training course for the purpose of the practice driving phase.
343.07(3)
(3) Duration; cancellation. An instruction permit shall be valid for 6 months except that it may be canceled upon receipt of information, by the secretary, of noncompletion or unsatisfactory completion of a driver education and training course by a permittee under the age of 18.
343.07(4)
(4) Instruction permits; Type 1 motorcycle, motor bicycle and moped. 343.07(4)(a)(a) Upon application by a person who qualifies for issuance of a license under
s. 343.06 (1) (c) and who wishes to qualify for the operation of a Type 1 motorcycle, the department may issue an instruction permit for the operation of "Class M" vehicles.
343.07(4)(b)
(b) The permit for Type 1 motorcycle operation shall be valid for 6 months. The department shall issue no more than 3 permits for Type 1 motorcycle operation to a person 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 permit for Type 1 motorcycle operation entitles the permittee to operate a Type 1 motorcycle subject to the following restrictions:
343.07(4)(b)1.
1. No passenger may accompany the permittee except that a person with at least 2 years of licensed driving experience and whose license is endorsed for Type 1 motorcycle operation may ride as a passenger-instructor.
343.07(4)(b)2.
2. The permittee may not operate a Type 1 motorcycle during hours of darkness unless accompanied by a licensed person 25 years of age or more and meeting the requirements of
subd. 1.
343.07(4)(c)
(c) The permit for moped and motor bicycle operation shall be valid for 6 months and entitles the permittee to operate a moped or motor bicycle subject to restrictions specified by the department by rule.
343.07(5)
(5) Definition. In this section, "qualified instructor" means a person employed by a public or private school, holding an operator's license and meeting the teaching certification standards of the department of public instruction or the technical college system board to teach driver education, or an instructor of a school licensed under
s. 343.61, or a teacher or student teacher in a driver education course for teachers conducted by an institution of higher education.
343.07(6)
(6) Special instructional permits. This section does not apply to instructional permits issued under
s. 343.075.
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.
