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(c) In addition to other penalties for violation of this section, if a person violates this section while his or her operating privilege is revoked as provided in ch. 351, the penalties may be enhanced by imprisonment and additional fines as provided in s. 351.08. For the purpose of enforcing this paragraph, in any case in which the accused is charged with operating a motor vehicle while his or her operator's license, permit or privilege to operate is suspended or revoked or is charged with operating without a valid operator's license, the court, before hearing the charge, shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender and therefore barred from operating a motor vehicle on the highways of this state.
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(d) The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under
SCR 70.34, for the consideration of aggravating and mitigating factors. Such guidelines shall treat operators of commercial motor vehicles at least as stringently as operators of other classes of motor vehicles.
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(2p) Sentencing option. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to sub. (2) to provide cost savings for the state and for local governments. This option shall not be used if the suspension or revocation was for one of the following:
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(a) Improperly refusing to take a test under s. 343.305.
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(b) Violating s. 346.63 (1) or (5) or a local ordinance in conformity therewith.
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(c) Violating s. 346.63 (2) or (6), 940.09 (1) or 940.25.
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(2r) Prior convictions. For purposes of determining prior convictions under this section, the 5-year period shall be measured from the dates of the violations that resulted in the convictions and each conviction under sub. (2) shall be counted.
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(2s) Within 30 days after receipt by the department of a report from a law enforcement officer under s. 343.305 (7) or a court order under s. 343.28 of a violation committed by a person operating a commercial motor vehicle while subject to an out-of-service order under s. 343.305 (7) (b) or (9) (am), a traffic officer employed under s. 110.07 may prepare a uniform traffic citation under s. 345.11 for a violation of sub. (1) (c) or (d) and serve it on the person. The citation may be served anywhere in this state and shall be served by delivering a copy to the person personally or by leaving a copy at the person's usual place of abode with a person of discretion residing therein or by mailing a copy to the person's last-known residence address. The venue for prosecution may be the county where the alleged offense occurred or in the person's county of residence.
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(3) Failure to receive notice. Refusal to accept or failure to receive an order of revocation, suspension or disqualification mailed by 1st class mail to such person's last-known address shall not be a defense to the charge of driving after revocation, suspension or disqualification. If the person has changed his or her address and fails to notify the department as required in s. 343.22 then failure to receive notice of revocation, suspension or disqualification shall not be a defense to the charge of driving after revocation, suspension or disqualification.
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(4) Impoundment. In addition to other penalties for violation of this section, if a person has violated this section with respect to a motor vehicle which he or she is the owner, the court may order the vehicle impounded. The court may determine the manner and period of impoundment. The cost of keeping the vehicle constitutes a lien on the vehicle.
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(4r) Violation of out-of-service order. In addition to other penalties for violation of this section, if a person has violated this section after he or she was ordered out-of-service under state or federal law, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).
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(5) Vehicle impoundment; lessors and secured creditors. If a motor vehicle impounded under sub. (4) is subject to a security agreement or lease contract, the vehicle shall be released by the court to the lessor or secured creditor upon the filing of an affidavit by the lessor or secured creditor that the security agreement or lease contract is in default and shall be delivered to the lessor or secured creditor upon payment of the accrued cost of keeping the motor vehicle.
343.44 Annotation
See notes to Art. I, sec. 1, and Art. VII, sec. 2, citing State v. Sittig, 75 W (2d) 497, 249 NW (2d) 770.
343.44 Annotation
This section does not impose on drivers strict criminal liability. Among other elements of offense, state must prove that defendant had cause to believe license might be revoked or suspended. State v. Collova, 79 W (2d) 473, 255 NW (2d) 581.
343.44 Annotation
See note to 889.18, citing State v. Mullis, 81 W (2d) 454, 260 NW (2d) 696.
343.44 Annotation
Under (1), trial court may, in its discretion, order that mandatory sentence of imprisonment be served concurrently with other sentence. State v. Schultz, 145 W (2d) 661, 429 NW (2d) 79 (Ct. App. 1988).
343.44 Annotation
Time between violations underlying convictions, not time between convictions, determines whether penalty enhancer in (2) (b) 1. applies. State v. Walczak, 157 W (2d) 661, 460 NW (2d) 797 (Ct. App. 1990).
343.44 Annotation
Where prior convictions are used to enhance minimum penalty under (2), collateral attack of prior convictions must be allowed. State v. Baker, 169 W (2d) 49, 485 NW (2d) 237 (1992).
343.44 Annotation
Sub. (2) (e) 2. prevents the imposition of criminal penalties against an habitual offender under ch. 351 where the revocation is based solely on a failure to pay a previously imposed forfeiture and subsequent revocations were in turn based solely on a previous failure to pay a forfeiture. State v. Taylor, 170 W (2d) 524, 489 NW (2d) 664 (Ct. App. 1992).
343.44 Annotation
Decriminalization of first-offense OAR did not remove the defendant's knowledge of the revocation as an element. State v. Olson, 175 W (2d) 628, 498 NW (2d) 661 (1993).
343.44 Annotation
The existence of a basis for revocation or suspension other than, or in conjunction with, failure to pay a fine or forfeiture renders sub. (2) (c) 2. inapplicable. State v. Biljan, 177 W (2d) 14, 501 NW (2d) 820 (Ct. App. 1993).
343.44 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).
343.44 Annotation
Application of sub. (2) (b) 2. discussed. State v. Muniz, 181 W (2d) 928, 512 NW (2d) 252 (Ct. App. 1994).
343.44 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).
343.44 Annotation
The general requirements for establishing prior criminal offenses in s. 973.12 are not applicable to the penalty enhancement provisions for offenses under sub. (2). The convictions must be established by defendant's admission, copies of prior judgments or a teletype of the DOT driving record. State v. Spaeth, 206 W (2d) 134, 556 NW (2d) 728 (1996).
343.44 Annotation
Local governments can prohibit first acts of operating after revocation or suspension, but second offense will not be crime.
71 Atty. Gen. 132.
343.45
343.45
Permitting unauthorized person to drive. 343.45(1)(1) No person shall cause or knowingly permit the person's child or ward under 18 years of age to operate a motor vehicle upon any highway in violation of this chapter or when such minor is not authorized under this chapter to operate a motor vehicle.
343.45(2)
(2) No person shall authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be operated upon any highway in violation of this chapter or by a person who is not authorized under this chapter to operate a motor vehicle. No dealer as defined in
s. 340.01 (11) (intro.) but including the persons specified in
s. 340.01 (11) (a),
(b),
(c) and
(d), shall permit any person to operate any motor vehicle owned by the dealer or in the dealer's possession or control on a trial run unless the dealer has been shown the person's valid operator's license, issued by this state or other jurisdiction, before permitting the trial run.
343.45(3)
(3) Except as another penalty is provided by
s. 343.245 (4) (b), any person violating this section may be required to forfeit not more than $100.
343.45 History
History: 1971 c. 278;
1989 a. 105,
359.
343.45 Annotation
Parent's unrestricted entrustment of motorcycle to minor child constituted negligence. Kempf v. Boehrig, 95 W (2d) 435, 290 NW (2d) 563 (Ct. App. 1980).
343.46
343.46
Duty of persons renting vehicles to another. 343.46(1)(1) No person shall rent a motor vehicle, trailer or semitrailer to another unless the person who is to operate such rented vehicle is duly licensed under this chapter or, in the case of a nonresident, is duly licensed under the laws of the jurisdiction of the nonresident's residence.
343.46(2)
(2) No person shall rent a motor vehicle, trailer or semitrailer to another until that person has inspected the license of the person who is to operate the vehicle and has compared and verified the signature thereon with the signature of such person written in his or her presence.
343.46(3)
(3) Every person renting a motor vehicle, trailer or semitrailer to another shall keep a record of the registration number of the motor vehicle so rented or, in the case of a trailer or semitrailer, the registration number of the motor vehicle to which such trailer or semitrailer is to be attached, the name and address of the person who is to operate such rented vehicle, the number of the license of such person and the date when and place where such license was issued. Such record shall be open to inspection by any traffic officer or employe of the department.
343.46(4)
(4) Any person violating this section may be required to forfeit not more than $100.
IDENTIFICATION CARDS
343.50
343.50
Identification cards. 343.50(1)
(1)
Issuance. The department shall issue to every qualified applicant, who has paid the required fee, an identification card as provided in this section.
343.50(2)
(2) Who may apply. Any resident of this state who does not possess a valid operator's license which contains the resident's photograph issued under this chapter may apply to the department for an identification card pursuant to this section. The card is not a license for purposes of this chapter and is to be used for identification purposes only.
343.50(3)
(3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under
s. 343.17 (3). The card may serve as a document of gift under
s. 157.06 (2) (b) and
(c) and the holder may affix a sticker thereto as provided in
s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under
s. 157.06 (2) (i). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under
s. 343.17 (3) (a) 12.
343.50(4)
(4) Application. The application for an identification card shall include the information required under
s. 343.14 (2) (a) and
(b) and
(2m), such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in
s. 71.55 (10) (b). The department shall, as part of the application process, take a photograph of the applicant to comply with
sub. (3). No application may be processed without the photograph being taken. Misrepresentations are punishable as provided in
s. 343.14 (5).
343.50(4m)(a)(a) As part of every application for an identification card, 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.
343.50(4m)(b)
(b) In addition to the inquiry under
par. (a), 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
par. (a), 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
par. (a), the department shall request at that time that the applicant write on the identification card the information that is required to make an anatomical gift under
s. 157.06 (2) (b) and
(c) and affix a sticker thereto as provided in
s. 343.175 (3).
343.50(5)
(5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under
sub. (10) shall be $9. The card shall be valid for the succeeding period of 4 years from the applicant's next birthday after the date of issuance.
343.50(6)
(6) 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 department shall include with the application 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. The fee for a renewal identification card shall be $9, which card shall be valid for 4 years.
343.50(7)
(7) Duplicate. The fee for a duplicate card is $6.
343.50(8)(a)(a) The department shall maintain current records of all identification card holders under this section in the same manner as required under
s. 343.23 for operator's licenses.
343.50(8)(b)
(b) The department may not disclose any record or other information concerning or relating to an applicant or identification card holder 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. Except for photographs disclosed to a law enforcement agency under
s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under
s. 49.22 (2m) by the department of workforce development or a county child support agency under
s. 59.53 (5).
343.50 Note
NOTE: Par. (b) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
343.50(10)
(10) Cancellation. The department shall cancel an identification card:
343.50(10)(a)
(a) Whenever the department determines that the card was issued upon an application which contains a false statement as to any material matter; or
343.50(10)(b)
(b) Whenever the department determines that an identification card has been altered and returned for cancellation under
s. 343.43 (2).
343.50(11)
(11) Surrender of card upon cancellation. The department may order any person whose identification card has been canceled to surrender the card to the department. The department may take possession of any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
343.50(12)(a)
(a) Represent as valid any canceled, fictitious or fraudulently altered identification card;
343.50(12)(b)
(b) Sell or lend his or her identification card to any other person or knowingly permit the use thereof by another;
343.50(12)(c)
(c) Represent as one's own, any identification card not issued to him or her;
343.50(12)(d)
(d) Permit any unlawful use of an identification card issued to him or her;
343.50(12)(e)
(e) Reproduce by any means whatever an identification card; or
343.50(13)
(13) Penalty. Any person who fails to comply with an order under
sub. (11) or who violates
sub. (12) may be required to forfeit not more than $1,000.
343.51
343.51
Special identification cards for physically disabled. 343.51(1)(1) Any person who qualifies for registration plates of a special design under
s. 341.14 (1),
(1a),
(1m) or
(1q) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under
s. 346.50 (2),
(2a) and
(3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant licensed or certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, physician assistant, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 2-1-99 by
1997 Wis. Acts 67 and
252. Prior to 2-1-99 it reads:
Effective date text
(1) Any person who qualifies for registration plates of a special design under s. 341.14 (1), (1a), (1m) or (1q) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under s. 346.50 (2), (2a) and (3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, physician assistant, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.
343.51(1m)
(1m) The form for application for a special identification card under
sub. (1) or another form provided by the department shall include a place for an applicant or special identification card holder who is a natural person to designate that his or her name, street address, post-office box number and 9-digit extended zip code may not be disclosed as provided under
s. 343.235, a statement indicating the effect of making such a designation and a place for an applicant or special identification card holder who has made a designation under this subsection to reverse the designation.
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.
