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 (b) is repealed eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever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.
343.22(2)(b)
(b) In lieu of applying for a duplicate license or identification card, notify the department in writing of his or her change of address. This paragraph does not apply to persons issued a commercial driver license or a license labeled "CDL-Occupational" as described in
s. 343.03 (3) (b) and
(e).
343.22(2m)
(2m) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under
s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under
sub. (2), no fee shall be charged under
s. 343.21 (1) (L) or
343.50 (7) for the duplicate license or identification card.
343.22(3)
(3) When the name of a licensee or identification card holder is changed, such person shall, within 10 days thereafter, apply for a duplicate license or identification card showing 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 a duplicate. If the licensee holds more than one type of license under this chapter, the licensee shall return all such licenses to the department along with one application and fee for a duplicate license for which the licensee may be issued a duplicate of each such license.
343.22(4)
(4) Any person who fails to comply with any of the requirements of this section may be required to forfeit not more than $50.
343.23
343.23
Records to be kept by the department. 343.23(1)
(1) The department shall maintain a record of every application for license, permit or endorsement received by it and of every suspension, revocation and cancellation by the department and shall maintain suitable indices containing:
343.23(1)(a)
(a) All applications denied and on each thereof note the reason for such denial;
343.23(1)(c)
(c) The name of every person whose license or operating privilege has been suspended, revoked or canceled by the department and note thereon the reason for such action.
343.23(2)(a)(a) The department shall maintain a file for each licensee or other person containing the application for license, permit or endorsement, a record of reports or abstract of convictions, the status of the person's authorization to operate different vehicle groups, a record of any out-of-service orders issued under
s. 343.305 (7) (b) or
(9) (am) and a record of any reportable accident in which the person has been involved, including specification of any type of license and endorsements issued under this chapter under which the person was operating at the time of the accident and an indication whether or not the accident occurred in the course of any of the following:
343.23(2)(a)2.
2. The licensee's employment as a person engaged, by an authority in charge of the maintenance of the highway, in highway winter maintenance snow and ice removal during either a storm or cleanup following a storm. For purposes of this subdivision, "highway winter maintenance snow and ice removal" includes plowing, sanding, salting and the operation of vehicles in the delivery of those services.
343.23(2)(b)
(b) The information specified in
par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under
s. 343.307 (2) shall be maintained for 10 years, except that if there are 2 or more suspensions, revocations or convictions within any 10-year period, the record shall be maintained permanently. The record of convictions for disqualifying offenses under
s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under
s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under
s. 343.315 (2) (a) to
(e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension or revocation granted under
s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.
Effective date note
NOTE: Par. (b) is shown below as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). Par. (b) 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
(b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained for 10 years, except that if there are 2 or more suspensions, revocations or convictions within any 10-year period, the record shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.
343.23(3)(a)(a) The department shall maintain a file, for each person convicted of a violation as defined by
s. 343.30 (6) (a), containing a record of reports of convictions of violations as defined by
s. 343.30 (6) (a) and suspensions and revocations under
s. 343.30 (6). The department may purge the record of any such conviction 24 months after it is reported.
343.23(3)(b)
(b) The department record of a person's conviction for exceeding a posted speed limit shall include the number of miles per hour in excess of the posted speed limit, as reported to the department.
343.23(4)
(4) The department shall purge all of the following from the file of a person:
343.23(4)(a)
(a) Any record of an administrative suspension upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent of the charge arising out of that incident or occurrence.
343.23(4)(b)
(b) Any record of issuance of an out-of-service order under
s. 343.305 (7) (b) or
(9) (am) upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent of the charge of violating
s. 346.63 (7) arising out of that incident or occurrence. In the case of a nonresident, the department shall also inform the state of licensure of the dismissal or finding of innocence.
343.23(5)
(5) The department shall maintain the files specified in this section in a form that is appropriate to the form of the records constituting those files.
343.235
343.235
Access to license and identification card records. 343.235(1)(a)
(a) "Agent" means an authorized person who acts on behalf of or at the direction of another person.
