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 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 1999 legislature and as merged by the revisor under s. 13.93 (2) (c), eff. 5-1-01 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:
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 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.
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.
343.235(2)
(2) In providing copies under
s. 19.35 (1) (a) of any written information collected or prepared under this chapter which consists in whole or in part of the personal identifiers of 10 or more persons, the department may not disclose a personal identifier of any person who has made a designation under
s. 85.103 (2) or
(3).
343.235(3)
(3) Subsection (2) does not apply to any of the following:
343.235(3)(a)
(a) A law enforcement agency, a state authority or a federal governmental agency to perform a legally authorized function.
343.235(3)(b)
(b) An insurer authorized to write property and casualty or life, disability or long-term care insurance in this state or an agent of the insurer, if the insurer or agent uses the personal identifiers for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim. Notwithstanding
sub. (5), no insurer, or agent of an insurer, may disclose to another person for marketing purposes any personal identifier received under this paragraph.
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. 85.103 (2) or
(3) 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 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 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;
1999 a. 88.
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 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 database, 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 that were produced for or developed by the department for purposes related to maintenance of the operating record file database. 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)(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. 85.103 (2) or
(3).
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 or life, disability or long-term care 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. Notwithstanding
par. (e), no insurer, or agent of an insurer, may disclose to another person for marketing purposes any personal identifier received under this subdivision.
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. 85.103 (2) or
(3) 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 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 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.
343.24 History
History: 1975 c. 297 s.
9; Stats. 1975 s. 343.24;
1977 c. 29 s.
1654 (7) (e);
1979 c. 221,
331,
355;
1989 a. 105;
1991 a. 269;
1993 a. 16,
490;
1995 a. 113; Sup. Ct. Order No.
99-04, 228 Wis. 2d xxiii (2000);
1999 a. 88,
185.
343.245
343.245
Duties of commercial motor vehicle drivers; employer responsibilities; penalties. 343.245(1)(a)
(a) "Employee" 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 employee, 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.
