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 in violation of this section constituted negligence per se. Kempf v. Boehrig,
95 Wis. 2d 435,
290 N.W.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 employee 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 any information required under
ss. 85.103 (2) and
343.14 (2) (a),
(b),
(bm) and
(br), 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 in violation of
s. 343.14 (5) are punishable as provided in
s. 343.14 (9).
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) Renewal. 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(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.
343.50 History
History: 1977 c. 360,
447;
1979 c. 226,
306;
1981 c. 20 s.
1848r;
1985 a. 29,
98;
1987 a. 27,
304;
1989 a. 105,
294,
298;
1991 a. 86,
269;
1995 a. 446;
1997 a. 27,
119,
191;
1999 a. 9,
32,
80,
85,
88,
186.
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.
343.51(1m)
(1m) The form for application for a special identification card under
sub. (1) shall include the information required under
s. 85.103 (2).
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.
343.52(3)(c)
(c) Within 24 hours after observing the violation, the member may deliver the report to a traffic officer of the political subdivision in which the violation occurred. A report which does not contain all of the information in
par. (b) shall nevertheless be delivered and shall be maintained by the political subdivision for statistical purposes.
343.52(3)(d)1.1. Within 48 hours after receiving a report containing all of the information in
par. (b) and after conducting an investigation, the traffic officer may prepare a uniform traffic citation under
s. 345.11 for the violation and may personally serve it upon the person or organization.
343.52(3)(d)2.
2. If with reasonable diligence the person or organization cannot be served under
subd. 1. or if the person or organization lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the person's or organization's last-known address.
LICENSING OF DRIVER SCHOOLS AND INSTRUCTORS
343.60(1)
(1) "Driver school" means the business of giving instruction, for compensation, in the driving of motor vehicles, except that it does not include a high school or technical college which teaches driver training as part of its regular school program and whose course of study in driver training has been approved by the department of public instruction or technical college system board and it does not include an institution of higher learning which teaches driver training as part of its teacher training program.
343.60(2)
(2) "Fraudulent practices" includes, but is not limited to:
343.60(2)(a)
(a) Any conduct or representation tending to give the impression that a license to operate a motor vehicle or any other license, registration or service granted by the secretary or department may be obtained by any means other than the means prescribed by law or by furnishing or obtaining the same by illegal or improper means; or
343.60(2)(b)
(b) The requesting, accepting, exacting or collecting of money for such purpose.
343.60(3)
(3) "Instructor" means any person who gives instruction in the driving of a motor vehicle, except a person who is employed as a full time instructor by a high school, technical college or institution of higher learning as provided in
sub. (1).
343.60(4)
(4) "Place of business" means the location at which the driver school is conducted.
343.61
343.61
License required for driver school; fee. 343.61(1)
(1) No person shall conduct a driver school without being licensed therefor by the department.
343.61(2)(a)(a) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:
343.61(2)(a)1.
1. Except as provided in
subd. 1m., in the case of an individual, the individual's social security number.
343.61(2)(a)1m.
1m. In the case of an individual who does not have a social security number, a statement made or subscribed under oath or affirmation that the individual does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license that is issued by the department in reliance on a statement submitted under this subdivision is invalid if the statement is false.
343.61(2)(a)2.
2. In the case of a person who is not an individual, the person's federal employer identification number.
343.61(2)(b)
(b) The department of transportation may not disclose any information received under
par. (a) 1. or
2. to any person except to the department of workforce development for purposes of administering
s. 49.22 or the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
343.61(3)
(3) The required fee for any driver school license, or for any annual renewal thereof, is $75 or, for licenses issued or renewed after August 31, 1998, $95.
343.61(4)
(4) If the application for a driver school license is approved by the department and the required fee paid, the applicant shall be granted a license and shall be issued a license certificate. The licensee shall display such certificate in the licensee's place of business.
343.61(5)
(5) A driver school license expires at the end of the calendar year, for which it is granted.
343.61(6)
(6) No driver school may be licensed unless its approved course of instruction does all of the following:
343.61(6)(a)
(a) Acquaints each student with the hazards posed by farm machinery and animals on highways and provides instruction in safely dealing with such hazards.
343.61(6)(b)
(b) Provides at least 30 minutes of instruction relating to organ and tissue donation and organ and tissue donation procedures.
343.62
343.62
License required for instructor; fee. 343.62(1)
(1) No person holding a driver school license shall employ any person as an instructor unless such person is licensed by the department to act as such instructor. No person, including the person holding the driver school license, shall act as an instructor in such school unless such person is licensed by the department to act as such instructor.
343.62(2)(a)(a) Application for an instructor's license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. Except as provided in
par. (am), the application shall include the applicant's social security number.
343.62(2)(am)
(am) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license that is issued by the department in reliance on a statement submitted under this paragraph is invalid if the statement is false.
