343.36(3)
(3) Upon receiving a record of conviction showing that a nonresident operator of a motor vehicle has been convicted in this state of an offense which is grounds for revocation, suspension or disqualification under the laws of this state, the department shall forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
343.37
343.37
No operation under foreign license during revocation or suspension. 343.37(1)
(1) An operator's license or permit issued by another jurisdiction does not authorize a resident of this state whose operating privilege has been revoked or suspended pursuant to the laws of this state to operate a motor vehicle in this state until that person has obtained a new license when and as provided in this chapter. This subsection applies to a resident of this state even though that person was a nonresident at the time that person's operating privilege was revoked or suspended.
343.37(2)
(2) Notwithstanding the privilege conferred on nonresidents by
s. 343.05 (4) (b) 1., a nonresident whose operating privilege has been revoked or suspended pursuant to the laws of this state is not authorized to operate a motor vehicle in this state under an operator's license or permit issued by another jurisdiction until the nonresident's operating privilege in this state has been reinstated pursuant to the laws of this state. This subsection applies to a nonresident even though the nonresident was a resident of this state at the time the nonresident's operating privilege was revoked or suspended. This section does not limit the operating privilege granted to nonresidents by
s. 343.05 (2) (a) 2.
343.37 History
History: 1989 a. 105,
359;
1991 a. 316.
343.38
343.38
License after revocation or suspension; reinstatement of nonresident's operating privilege. 343.38(1)(1)
License after revocation. Except as provided in
ss. 343.10,
343.39 and
351.07, the department shall not issue a license to a person whose operating privilege has been duly revoked unless the period of revocation has expired and such person:
343.38(1)(a)
(a) Files with the department an application for license together with the required fee; and
343.38(1)(b)
(b) If the secretary so prescribes, passes an examination including the tests specified in
s. 343.16 or such parts thereof as the secretary may require; and
343.38(1)(c)
(c) Unless 3 years have elapsed since the expiration of the period of revocation, files with the department proof of financial responsibility in the amount, form and manner specified in
ch. 344. Such proof of financial responsibility shall be maintained at all times during such 3-year period when the license is in effect. No such proof shall be required for a vehicle subject to the requirements of
s. 121.53,
194.41 or
194.42 or a vehicle owned by or leased to the United States, this state or any county or municipality of this state.
Effective date note
NOTE: Par. (c) is affected 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, by
1997 Wis. Act 84, as affected by
1999 Wis. Act 9, s.
3263, and
1999 Wis. Act 143, to read:
Effective date text
(c) 1. Except as provided in subd. 2., files and maintains with the department proof of financial responsibility in the amount, form and manner specified in ch. 344. This subdivision does not apply after 3 years have elapsed since the expiration of the period of revocation.
Effective date text
2. No proof under subd. 1. shall be required for any of the following:
343.38 Note
a. A vehicle subject to the requirements of s. 121.53, 194.41 or 194.42.
343.38 Note
b. A vehicle owned by or leased to the United States, this state or any county or municipality of this state.
343.38 Note
c. Reinstatement of an operating privilege revoked under s. 343.30 (1q) (b) 2. or (d), 343.305 (10) (d) or 343.31 (3) (b) or (bm) 2.
343.38 Note
d. Reinstatement of an operating privilege revoked under s. 343.31 (1) (b) or (2) if, within the 5-year period preceding the violation, the person has not been convicted of a prior offense that may be counted under s. 343.307 (2) and if, within the 10-year period preceding the violation, the person has not been convicted of 2 or more prior offenses that may be counted under s. 343.307 (2).
343.38(2)
(2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked under the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident obtains a valid operator's license issued by the jurisdiction of the nonresident's residence and pays the fee specified in
s. 343.21 (1) (j).
343.38(3)
(3) Reinstatement after suspension. Except as provided in
s. 343.10, the department shall not issue a license to a person whose operating privilege has been duly suspended while the suspension remains in effect. Upon the expiration of the period of suspension, the person's operating privilege is reinstated as provided in
s. 343.39.
343.38(4)
(4) First issuance of license in Wisconsin after suspension or revocation by another state. The department may issue an operator's license to a person moving to this state whose operating privileges have been previously suspended or revoked in another state when their operating privilege has been reinstated in that state and the following conditions have been met:
343.38(4)(a)
(a) When the period of suspension or revocation required by law for conviction for the same traffic violation in this state has terminated.
343.38(4)(b)
(b) Acceptable proof of financial responsibility has been filed.
343.38(4)(c)
(c) Application for a Wisconsin operator's license has been made.
343.38(4)(e)
(e) The fees required for the issuance of an original license have been paid.
343.38(5)
(5) Restrictions on license. If a court has ordered that the person's operating privilege be restricted for a period of time after the revocation period is completed to operating vehicles equipped with an ignition interlock device, the license issued under this section shall include that restriction.
343.39
343.39
When operating privilege automatically reinstated. 343.39(1)(1) An operating privilege is automatically reinstated under any of the following circumstances:
343.39(1)(a)
(a) When, in the case of a suspended operating privilege, the period of suspension has terminated and the reinstatement fee specified in
s. 343.21 (1) (j) has been paid to the department.
Effective date note
NOTE: Par. (a) is amended 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, by
1997 Wis. Act 84, as affected by
1999 Wis. Act 9, s.
3263, to read:
Effective date text
(a) When, in the case of a suspended operating privilege, the period of suspension has terminated, the reinstatement fee specified in s. 343.21 (1) (j) has been paid to the department and, for reinstatement of an operating privilege suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.
343.39(1)(b)
(b) When, in the case of a revocation or suspension based on a conviction, the conviction is reversed, set aside or vacated. This paragraph applies whether or not the conviction occurred in this state and whether or not the conviction was cause for revocation or suspension only when considered in connection with the person's previous operating record.
343.39(1)(c)
(c) Whenever any other provision of law provides for automatic reinstatement.
343.39(2)
(2) Whenever a person's operating privilege is automatically reinstated, the department shall forthwith notify such person thereof and shall return any surrendered and unexpired license in its possession. If the license expired during the period of revocation or suspension, such person may renew the license at the standard renewal fee at any time within 30 days after the reinstatement of the operating privilege.
343.39(3)
(3) If a court has ordered that the person's operating privilege be restricted for a period of time after the suspension period is completed to operating vehicles equipped with an ignition interlock device, the license shall include that restriction.
343.39 Annotation
Reinstatement under sub. (1) (b) is not retroactive to the date of conviction. State v. Orethun,
84 Wis. 2d 487,
267 N.W.2d 318 (1978).
343.40
343.40
Judicial review of suspension, revocation, cancellation or denial of license. The denial or cancellation of a license or the revocation or suspension of an operating privilege is subject to judicial review in the manner provided in
ch. 227 for the review of administrative decisions.
343.40 History
History: 1977 c. 43,
187.
UNLAWFUL PRACTICES RELATIVE TO LICENSES
343.43
343.43
Unlawful use of license. 343.43(1)(a)
(a) Represent as valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or
343.43(1)(b)
(b) Sell or lend that person's license to any other person or knowingly permit the use thereof by another; or
343.43(1)(c)
(c) Represent as one's own any license not issued to that person; or
343.43(1)(d)
(d) Violate any of the restrictions placed on that person's license by or pursuant to law; or
343.43(1)(e)
(e) Permit any unlawful use of a license issued to that person; or
343.43(1)(f)
(f) Reproduce by any means whatever a copy of a license, unless the reproduction is done pursuant to rules promulgated by the department and for a valid business or occupational purpose; or
343.43(2)
(2) Whenever a license or identification card which appears to be altered is displayed to a law enforcement officer, agent of the secretary or the court, that person shall take possession of the license or identification card and return it to the department for cancellation. A notation of change of address properly indorsed on the license under
s. 343.22 shall not of itself be reason to consider the license altered.
343.43(3)
(3) Except as provided in
sub. (3m), any person who violates
sub. (1) shall be:
343.43(3)(a)
(a) Fined not less than $200 nor more than $600 and may be imprisoned for not more than 6 months or both for the first such violation.
343.43(3)(b)
(b) Fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months for the 2nd offense occurring within 3 years.
343.43(3)(c)
(c) Fined not less than $1,000 nor more than $2,000 and imprisoned for not less than 10 days nor more than 6 months for the 3rd or subsequent offense occurring within 3 years.
343.43(3m)
(3m) Any person who violates
sub. (1) (d) while operating a "Class D" or "Class M" vehicle as described in
s. 343.04 (1) (d) and
(e), except a school bus, may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than $500 and imprisoned for not more than 6 months for the 3rd or subsequent offense occurring within 3 years. A violation of a local ordinance in conformity with this section shall count as a previous offense.
343.43 Annotation
Convictions for presenting a fraudulently altered driver license are restricted to situations having a direct bearing on the license as the granting of driving privileges. Changing the date of birth did not affect the owner's driving privileges. State v. Scholwin,
57 Wis. 2d 764.
343.435
343.435
License not to be used as security. 343.435(1)
(1) No person may require or accept an operator's license, chauffeur's license, occupational license, instructional permit or any other license or permit issued under this chapter as security.
343.435(2)
(2) Any person violating this section may be required to forfeit not less than $20 nor more than $100.
343.435(3)
(3) This section does not apply to the action by a state, county, city, village or town of requiring or accepting a license or permit when such action is authorized by some other provision of law.
343.435 History
History: 1983 a. 355.
343.44
343.44
Operating while suspended, revoked, ordered out-of-service or disqualified. 343.44(1)(a)(a)
Operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. A person's knowledge that his or her operating privilege is suspended is not an element of the offense under this paragraph. In this paragraph, "restriction on an occupational license" means restrictions imposed under
s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.
343.44(1)(b)
(b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. In this paragraph, "restriction on an occupational license" means restrictions imposed under
s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.
343.44(1)(c)
(c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while ordered out-of-service under state or federal law.
343.44(1)(d)
(d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under
s. 343.315 or
49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to
49 CFR 383.51, or under a determination by the federal highway administration under the federal rules of practice for motor carrier safety contained in
49 CFR 386 that the person is no longer qualified to operate a vehicle under
49 CFR 391.
343.44(1g)
(1g) Reinstatement required. Notwithstanding any specified term of suspension, revocation, cancellation or disqualification, the period of any suspension, revocation, cancellation or disqualification of an operator's license issued under this chapter or of an operating privilege continues until the operator's license or operating privilege is reinstated.
343.44(2)(a)(a) Any person who violates
sub. (1) (a) or a local ordinance in conformity therewith shall be required to forfeit not less than $50 nor more than $200.
343.44(2)(am)
(am) Any person who violates
sub. (1) (b) before May 1, 2002, may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation of
sub. (1) (b), or of operating a motor vehicle in violation of s.
343.44 (1), 1997 stats., with an operating privilege that is revoked, within the preceding 5-year period, the penalty under
par. (b) shall apply.
343.44(2)(b)
(b) Except as provided in
par. (am), any person who violates
sub. (1) (b),
(c) or
(d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:
343.44(2)(b)1.
1. The aggravating and mitigating circumstances in the matter, using the guidelines described in
par. (d).
343.44(2)(b)3.
3. The number of prior convictions of the person for violations of this section within the 5 years preceding the person's arrest.
343.44(2)(b)4.
4. The reason that the person's operating privilege was revoked, or the person was disqualified or ordered out of service, including whether the person's operating privilege was revoked for an offense that may be counted under
s. 343.307 (2).
343.44(2)(b)5.
5. Any convictions for moving violations arising out of the incident or occurrence giving rise to sentencing under this section.
343.44(2)(c)
(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.
343.44(2)(d)
(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.
343.44(2p)
(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:
343.44(2r)
(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. Convictions of s.
343.44 (1), 1997 stats., other than for operating a commercial motor vehicle while ordered out-of-service shall be counted under this section as prior convictions.
343.44(2s)
(2s) Citations. 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.
343.44(3)
(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.
