343.235(4)(a)(a) The department shall establish by rule a reasonable period for the processing of a designation under
s. 343.14 (2m) or
343.51 (1m) and for complying with a designation under
sub. (2).
343.235(4)(b)
(b) If an unanticipated number of designations results in the department not being able to process with a reasonable effort the designations within the period established by the department by rule under
par. (a), the department may determine that the preservation of public welfare necessitates the temporary extension of the period and establish the temporary extension by rule, using the procedure under
s. 227.24.
343.235(5)
(5) Any person who has received under
sub. (3) a personal identifier of any person who has made a designation under
s. 343.14 (2m) or
343.51 (1m) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under
sub. (3).
343.235(6)(a)(a) Any person who wilfully discloses a personal identifier in violation of this section may be required to forfeit not more than $500 for each violation.
343.235(6)(b)
(b) Any person who wilfully requests or obtains a personal identifier from the department under this section under false pretenses may be required to forfeit not more than $500 for each violation.
343.235 History
History: 1991 a. 269.
343.237
343.237
Access to license and identification card photographs. 343.237(2)
(2) Any photograph taken of an applicant under
s. 343.14 (3) or
343.50 (4) may be maintained by the department and, except as provided in this section, shall be kept confidential. Except as provided in this section, the department may release a photograph only to the person whose photograph was taken.
343.237(3)
(3) The department shall provide a Wisconsin law enforcement agency with a copy of a photograph taken on or after September 1, 1997, of an applicant under
s. 343.14 (3) or
343.50 (4) if the department receives a written request on the Wisconsin law enforcement agency's letterhead that contains all of the following:
343.237(3)(a)
(a) The name of the person whose photograph is requested.
343.237(3)(b)
(b) The name of the person making the request and the Wisconsin law enforcement agency that employs the requester.
343.237(3)(c)
(c) A statement signed by a division commander or higher authority within the Wisconsin law enforcement agency that the photograph is requested for any of the following purposes:
343.237(3)(d)
(d) A statement that the request is not made solely to obtain a photograph for use as part of a photo lineup or photo array.
343.237(4)
(4) If a law enforcement agency of a physically adjacent state makes a request meeting all the requirements specified for a request by a Wisconsin law enforcement agency under
sub. (3), the department shall comply with the request if all of the following apply:
343.237(4)(a)
(a) The law enforcement agency of the physically adjacent state agrees to comply with all the requirements under this section.
343.237(4)(b)
(b) The physically adjacent state allows Wisconsin law enforcement agencies similar or greater access to similar information from that physically adjacent state.
343.237(4m)
(4m) The department shall attach to each copy of a photograph provided under this section the notation: "This photograph is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes."
343.237(5)
(5) Any law enforcement agency that has in its possession a copy of a photograph provided to it under
sub. (3) or
(4) shall destroy any copies of the photograph in its possession when the photograph is no longer necessary for the investigatory or identification purpose specified in its request for the copy of the photograph.
343.237(6)
(6) For each copy of a photograph provided under
sub. (3) or
(4), the department shall record and maintain the written request for the copy of the photograph and may not disclose any record or other information concerning or relating to the written request to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian.
343.237(7)
(7) The department may not charge a fee for providing a copy of any photograph to a Wisconsin law enforcement agency under this section.
343.237(8)(a)(a) Any law enforcement agency that receives a photograph provided to a law enforcement agency under this section shall keep the copy of the photograph confidential and may disclose it only if disclosure is necessary to perform a law enforcement function and the person to whom the copy of the photograph is disclosed agrees to comply with
par. (c).
343.237(8)(b)
(b) If a law enforcement agency discloses a copy of a photograph to another person under
par. (a), the copy of the photograph shall have attached to it the notation specified in
sub. (4m)
343.237(8)(c)
(c) Any person who receives a copy of a photograph from a law enforcement agency under
par. (a) shall destroy any copies of the photograph in his or her possession when the photograph is no longer necessary to perform the law enforcement function for which the photograph was disclosed.
343.237(9)
(9) Not later than August 1, 1998, and annually thereafter until August 1, 2003, the department of transportation and the department of justice jointly shall submit a report to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) concerning the copies of photographs provided under this section, including the agencies to whom and the purposes for which the copies of the photographs were provided. The department of transportation and the department of justice shall consult with other interested persons when preparing a report under this subsection.
343.237(10)
(10) Any person who wilfully discloses a copy of a photograph in violation of this section may be required to forfeit not more than $500 for each violation. Each copy disclosed constitutes a separate offense.
343.237(11)
(11) The department may not release a copy of a photograph under this section after December 31, 2002.
343.237 History
History: 1997 a. 119,
237.
343.24
343.24
Department to furnish operating record. 343.24(1)(1) The department shall upon request furnish any person an abstract of the operating record of any person. The abstract shall be certified if certification is requested. Such abstract is not admissible in evidence in any action for damages or criminal proceeding arising out of a motor vehicle accident.
343.24(2)
(2) The department shall charge the following fees for conducting searches of vehicle operators' records:
343.24(2)(c)
(c) For each search requested by telephone, $4, or an established monthly service rate determined by the department.
343.24(2m)
(2m) If the department, in maintaining a computerized operating record system, makes copies of its operating record file data base, or a portion thereof, on computer tape or other electronic media, copies of the tape or media may be furnished to any person on request. The department may also furnish to any person upon request records on computer tape or other electronic media that contain information from files of uniform traffic citations or motor vehicle accidents and which were produced for or developed by the department for purposes related to maintenance of the operating record file data base. The department shall charge a fee of $3 for each file of vehicle operators' records contained in the tape or media. The department shall charge a fee of not more than $3 for each file of uniform traffic citations or motor vehicle accidents contained in the tape or media. Nothing in this subsection requires the department to produce records of particular files or data in a particular format except as those records or data are made by the department for its purposes.
343.24(3)
(3) The department shall not disclose information concerning or related to a violation as defined by
s. 343.30 (6) to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the minor who committed the violation or his or her parent or guardian.
343.24(4)(a)1.
1. "Agent" means an authorized person who acts on behalf of or at the direction of another person.
343.24(4)(a)3.
3. "Personal identifier" means a name, street address, post-office box number or 9-digit extended zip code.
343.24(4)(b)
(b) In furnishing 10 or more operating records to a person under
sub. (1) or
(2m), the department may not disclose a personal identifier of any person who has made a designation under
s. 343.14 (2m) that his or her personal identifiers may not be released as provided in this subsection.
343.24(4)(c)1.
1. A law enforcement agency, a state authority or a federal governmental agency to perform a legally authorized function.
343.24(4)(c)2.
2. An insurer authorized to write property and casualty insurance in this state or an agent of the insurer, if the insurer or agent uses the names or addresses for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim.
343.24(4)(d)1.1. The department shall establish by rule a reasonable period for the processing of a designation under
s. 343.14 (2m) and for complying with a designation under
par. (b).
343.24(4)(d)2.
2. If an unanticipated number of designations results in the department not being able to process with a reasonable effort the designations within the period established by the department by rule under
subd. 1., the department may determine that the preservation of public welfare necessitates the temporary extension of the period and establish the temporary extension by rule, using the procedure under
s. 227.24.
343.24(4)(e)
(e) Any person who has received under
par. (c) a personal identifier of any person who has made a designation under
s. 343.14 (2m) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under
par. (c).
343.24(4)(f)1.1. Any person who wilfully discloses a personal identifier in violation of this subsection may be required to forfeit not more than $500 for each violation.
343.24(4)(f)2.
2. Any person who wilfully requests or obtains a personal identifier from the department under this subsection under false pretenses may be required to forfeit not more than $500 for each violation.
343.245
343.245
Duties of commercial motor vehicle drivers; employer responsibilities; penalties. 343.245(1)(a)
(a) "Employe" means any operator of a commercial motor vehicle who is either directly employed by or under lease to an employer, including a full-time, regularly employed driver, a volunteer driver, a casual, intermittent or occasional driver, a leased driver, and an independent, owner-operator contractor while in the course of operating a commercial motor vehicle.
343.245(1)(b)
(b) "Employer" means any person, including the state or a political subdivision thereof, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
343.245(2)(a)1.1. `To state.' A person, after applying for or receiving a commercial driver license issued by this state, who is convicted of violating in a motor vehicle any law of this state or local ordinance adopted in conformity therewith or a law enacted by a federally recognized American Indian tribe or band in this state which is in conformity with any law of this state, or the law of another jurisdiction, relating to motor vehicle traffic control, other than parking violations, shall notify the department of the conviction in the manner specified by the department within 30 days after the date of conviction.
343.245(2)(a)2.
2. `To employers.' An employe, after applying for or receiving a commercial driver license issued by this state, who is convicted of violating in a motor vehicle any law of this state or local ordinance adopted in conformity therewith or a law enacted by a federally recognized American Indian tribe or band in this state which is in conformity with any law of this state, or the law of another jurisdiction, relating to motor vehicle traffic control, other than parking violations, shall notify his or her current employer in writing of the conviction within 30 days after the date of conviction.
343.245(2)(b)
(b)
Notification of suspensions, revocations and cancellations. An employe whose commercial driver license is suspended, revoked or canceled by a state, or who loses the privilege to operate a commercial motor vehicle in any state for any period, including being disqualified from operating a commercial motor vehicle or subject to an out-of-service order, shall notify his or her current employer of that fact before the end of the first business day after the day on which the employe receives notice of the suspension, revocation, cancellation, disqualification or out-of-service order.
343.245(2)(c)
(c)
Notification of previous employment. An applicant for employment as a commercial motor vehicle driver shall provide, at the time of application, information on his or her employment history as a commercial motor vehicle driver as requested by the prospective employer, certified as true and complete by the applicant, including all of the following information for the 10 years preceding the date of application:
343.245(2)(c)1.
1. The names and addresses of any previous employers for which the applicant was a commercial motor vehicle driver.
343.245(3)(a)(a) Every employer shall request each applicant for employment as a commercial motor vehicle driver to provide the information specified in
sub. (2) (c), and no employer may employ as a commercial motor vehicle driver an applicant who refuses or otherwise fails to provide true and complete information.
343.245(3)(b)
(b) No employer may knowingly allow, permit or authorize an employe to operate a commercial motor vehicle during any period when the employe:
343.245(3)(b)1.
1. Has had his or her commercial driver license suspended, revoked or canceled by any state;
343.245(3)(b)4.
4. Has more than one operator's license, except during the 10-day period beginning on the date on which the employe is issued an operator's license; or
343.245(3)(b)5.
5. Does not possess a valid commercial driver license properly endorsed to permit operation of the vehicle.
343.245(3m)(a)(a) The department shall establish by rule an employer notification program to permit an employer to register the name of an employe and be notified by the department whenever a conviction or suspension, revocation, cancellation, disqualification or out-of-service order is recorded on the operating record of the employe. An employer may withdraw an employe's name from the program at any time.
343.245(3m)(b)
(b) The department shall establish and collect reasonable fees from employers in the program sufficient to defray the costs of instituting and maintaining the program, including the registration and withdrawal of employes. The fee for each notification by the department to an employer under
par. (a) shall be $3.
