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 v. 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.
343.175(3)(b)
(b) The use of the sticker on the license document is proper and authorized only if the bearer has indicated his or her intent to make body organs or parts available by filling out and carrying a donor card.
343.175 History
History: 1989 a. 105,
298;
1995 a. 446.
343.18
343.18
License to be carried; verification of signature. 343.18(1)(1) Every licensee shall have his or her license document, including any special restrictions cards issued under
s. 343.10 (7) (d) or
343.17 (4), in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon demand from any judge, justice or traffic officer.
343.18(1m)
(1m) A person charged with violating
sub. (1) may not be convicted if he or she produces in court or in the office of the arresting officer a license theretofore issued to the licensee and valid at the time of his or her arrest.
343.18(2)
(2) For the purpose of verifying the signature on a license, any judge, justice or traffic officer may require the licensee to write the licensee's signature in the presence of such officer.
343.18(3)(a)(a) Except as provided in
pars. (b) and
(c), any person who violates
sub. (1) shall forfeit not more than $200.
Effective date note
NOTE: Par. (a) 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
(a) Except as provided in par. (c), any person who violates sub. (1) shall forfeit not more than $200.
343.18(3)(b)
(b) If the special restrictions card is part of an occupational license issued under
s. 343.10, any person who violates
sub. (1) is subject to the penalties provided in
s. 343.10 (8) and the person's operating privilege shall be revoked under
s. 343.31 (3) (h).
Effective date note
NOTE: Par. (b) is repealed 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.
343.18(3)(c)
(c) If the person is operating a commercial motor vehicle at the time of the violation, any person who violates
sub. (1) shall forfeit not less than $250 nor more than $2,500.
343.18 Annotation
Is public interest in permitting status check on license following display to officer under (1). State v. Ellenbecker, 159 W (2d) 91, 464 NW (2d) 427 (Ct. App. 1990).
343.19
343.19
Duplicate licenses or identification cards. 343.19(1)(1) If a license issued under this chapter or an identification card issued under
s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in
s. 343.17 (3) (a) 12. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in
s. 343.17 (3) (a) 12. no longer applies. If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.
343.19(1m)
(1m) If a license issued under this chapter has been surrendered under
s. 343.265 and has not expired, the person to whom the license was issued may obtain a duplicate license upon furnishing to the department the applicable information under
sub. (1) and complying with the requirements for reissuance of a license after surrender provided under
s. 343.265 (2).
343.19(2)
(2) Any person who knowingly makes a false statement in an application for a duplicate license or identification card or who fails to return the original to the department upon finding it or who fails to comply with any other requirement of this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
343.20
343.20
Expiration of licenses. 343.20(1)(a)(a) Except as otherwise expressly provided in this chapter, reinstated licenses, probationary licenses issued under
s. 343.085 and original licenses other than instruction permits shall expire 2 years from the date of the applicant's next birthday. All other licenses and license endorsements shall expire 8 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under
s. 343.21 (1) (a),
(b) and
(d) shall be prorated accordingly.
343.20(1)(c)
(c) The department may, by rule, require any person who is issued an operator's license that is valid for a period of more than 2 years to demonstrate continuing qualifications to hold a license under this chapter at 2-year intervals. The rules may include, without limitation, requiring examination under
s. 343.16 (6) or requiring current medical certification under
s. 343.16 (5). The department rules shall require cancellation or suspension of the license for noncompliance and shall permit surrender of the operator's license under
s. 343.265.
343.20(1)(d)
(d) The department shall cancel an operator's license that is endorsed for the operation of school buses under
s. 343.12 (3), regardless of the license expiration date, if the licensee fails to provide proof to the department of an annual physical examination determining that the person meets the physical standards established under
s. 343.12 (2) (g). The licensee may elect to surrender the license under
s. 343.265 (1m).
343.20(1)(e)
(e) Upon payment in full of the fees required by
s. 343.21, the department shall issue to a qualified person an original operator's license that expires 3 years after the person's next birthday, but only if the person meets one of the following requirements:
343.20(1)(e)1.
1. The person is moving to this state, surrenders his or her valid commercial driver license issued by another state and makes application for a commercial driver license in this state.
343.20(1)(e)2.
2. The person is 21 years of age or older and moving to this state, has been licensed in another jurisdiction for at least 3 years and presently holds a valid license, other than an instruction permit, from another jurisdiction which has not expired for more than 6 months.
343.20(1)(f)
(f) During the transition to the issuance of renewal licenses under
par. (a) that are valid for a period of 8 years, the department may issue licenses for renewal periods of less than 8 years for the purpose of gaining a uniform rate of renewals. The department may process an application under this paragraph by mail without requiring an applicant to have his or her photograph taken under
s. 343.14 (3) or to submit to an examination under
s. 343.16 (3). If the department issues a license under this paragraph, any applicable fees due shall be prorated accordingly. This paragraph does not apply after December 31, 2001.
343.20(2)
(2) The department shall mail to the last-known address of a licensee at least 30 days prior to the expiration of the license a notice of the date upon which such license must be renewed. Failure to receive notice to renew such license shall not be a defense to a charge of operating a motor vehicle without a valid operator's license.
343.20(2m)
(2m) The department shall include with the notice that it mails under
sub. (2) information regarding the requirements of
s. 347.48 (4); information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under
s. 343.175; and, for licensees aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in
s. 71.55 (10) (b).
343.20(3)
(3) Any person who holds a valid license and who is unable to make a renewal application within the period declared by the department, due to serving with any branch of the armed services, may apply for a renewal of the license at any time during such service or within 6 months after the date of discharge from such services.
343.20(4)
(4) Any license issued under this chapter does not expire on the expiration date on the license if, on that expiration date, the licensee is on active duty in the U.S. armed forces and is absent from this state. Any license extended under this subsection expires 30 days after the licensee returns to this state or 90 days after the licensee is discharged from active duty, whichever is earlier. If a license is renewed after an extension under this subsection, the renewal period shall begin on the day after the expiration date on the license.
343.21(1)(1) The following fees, in addition to any driving skills test fee, shall be paid to the department for the issuance, renewal, upgrading and reinstatement of licenses, endorsements and instruction permits:
343.21(1)(a)
(a) For the initial issuance of a license authorizing only the operation of "Class D" motor vehicles, $18.
343.21(1)(am)
(am) For the renewal of a license authorizing only the operation of "Class D" motor vehicles, $24.
343.21(1)(b)
(b) For the initial issuance of authorization to operate "Class M" motor vehicles, $12 in addition to any other fees due.
343.21(1)(bg)
(bg) For the renewal of authorization to operate "Class M" motor vehicles, $8 in addition to any other fees due.
343.21(1)(c)
(c) For the initial issuance of authorization to operate school buses that are not commercial motor vehicles, $5.
343.21(1)(d)
(d) For the initial issuance or renewal of authorization to operate "Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular license which only authorizes the operation of "Class D" motor vehicles, $64. This fee includes issuance of any "H", "N", "P", "S" or "T" endorsements or "Class D" authorization applied for at the same time for which the applicant is qualified.
343.21(1)(e)
(e) For upgrading an existing commercial driver license to add an "H", "N", "P", "S" or "T" endorsement, $5.
343.21(1)(f)
(f) For upgrading an existing commercial driver license to add authorization to operate another class of commercial motor vehicles, $5.
343.21(1)(g)
(g) For removing a "K" restriction against operation of commercial motor vehicles in interstate commerce, the same fee as for a duplicate license.
343.21(1)(h)
(h) For removing an "L" restriction prohibiting operation of commercial motor vehicles equipped with air brakes, $5.
343.21(1)(i)
(i) Except as provided in
par. (im), for an instruction permit, $20.
343.21(1)(im)
(im) For an instruction permit authorizing the operation of "Class M" vehicles, $22.
343.21(1)(j)
(j) For reinstatement of an operating privilege previously revoked or suspended, $50.
343.21(1)(jm)
(jm) For reinstatement of a previously disqualified authorization to operate a commercial motor vehicle, $50. This fee is not applicable to disqualifications under
s. 343.315 (2) (g).
343.21(1)(m)
(m) For reinstatement of a previously canceled license or endorsement, $50. This fee includes reinstatement of any classification or endorsement applied for at the same time for which the applicant is qualified.
343.21(1m)
(1m) In addition to the fee specified in
sub. (1) (am),
(b) or
(d), an applicant whose application for renewal of a license or authorization under
sub. (1) (am),
(b) or
(d) is filed after the date of expiration of the license or authorization shall pay to the department a late fee of $5.
343.21(2)(a)(a) In addition to the fees set under
sub. (1), any applicant whose application for a permit, license, upgrade or endorsement, taken together with the applicant's currently valid license, if any, requires the department to administer a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall pay to the department an examination fee of $20 for an examination in a commercial motor vehicle other than a school bus and $10 for an examination in any other vehicle. Payment of the examination fee entitles the applicant to not more than 3 tests of the applicant's ability to exercise reasonable control in the operation of a motor vehicle. If the applicant does not qualify for issuance of a license, upgraded license or endorsement in 3 such tests, then a 2nd examination fee in the same amount shall be paid, which payment entitles the applicant to not more than 3 additional tests.
343.21(2)(b)
(b) The operator shall pay to the department an examination fee of $10 for conducting the special examination requested under
s. 121.555 (2) (cm), except that if the examination is in a commercial motor vehicle other than a school bus the fee is $20. Payment of the examination fee entitles the person to not more than 3 tests of the person's ability to safely operate the vehicle proposed to be used under
s. 121.555 (1) (a). If the applicant does not pass the examination for safe operation of the vehicle in 3 such tests, then a 2nd examination fee in the same amount shall be paid, which payment entitles the person to not more than 3 additional tests.
343.22
343.22
Notice of change of address or name. 343.22(1)(1) Whenever any person, after applying for or receiving a license not containing a photograph under this chapter, moves from the address named in the application or in the license issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall within 10 days thereafter notify the department in writing of his or her old and new address and of the number of any license then held by the person. The holder of the license shall endorse the new address on his or her present license and need not apply for a duplicate.
343.22(2)
(2) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under
s. 343.50, moves from the address named in the application or in the license or identification card issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall, within 10 days thereafter, do one of the following:
343.22(2)(a)
(a) Apply for a duplicate license or identification card showing on the application the correct name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for duplicate.
