343.01(2)(g)3.
3. Is residing with and in the care of a relative or other adult acting in the place of a parent, with the consent of the child's parents or legal guardian.
343.01(2)(i)
(i) "Tank vehicle" means any commercial motor vehicle that is designed to transport a liquid or gaseous materials within a tank that is either permanently or temporarily attached to the commercial motor vehicle or the chassis. In this paragraph, "tank" does not include a portable tank, as defined in
49 CFR 171.8, having a rated capacity under 1,000 gallons. In this paragraph, "liquid" has the meaning given in
49 CFR 171.8.
343.02
343.02
Administration of driver license law. 343.02(1)
(1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary. Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act,
49 USC 31301 to
31317 and the regulations adopted under that act.
343.02(2)
(2) The state of Wisconsin assents to the provisions of the federal law and regulations specified in
sub. (1). The state of Wisconsin declares its purpose and intent to make provisions to implement and enforce that law and those regulations so as to ensure receipt by this state of any federal highway aids that have been or may be allotted to the state under
23 USC 104 (b) (1), (2), (5) and (6), including all increased and advanced appropriations.
343.02 Cross-reference
Cross Reference: See also chs.
Trans 102 and
115, Wis. adm. code.
343.025
343.025
Medicare acceptance of assignment; information; report. 343.025(2)(2) Beginning in 1991, the department shall annually 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 numbers of individuals, by counties in this state, to whom the department distributed explanatory materials under
ss. 343.20 (2m) and
343.50 (4).
343.025 History
History: 1989 a. 294;
2003 a. 33.
343.027
343.027
Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential. The department may release a signature or a facsimile of a signature only to the person to whom the signature relates.
343.027 History
History: 1995 a. 113.
343.03
343.03
Classified driver license system. 343.03(1)
(1)
Compliance with federal standards. Effective date note
NOTE: Par. (a) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(a) The department shall institute a classified driver license system meeting all federal standards under 49 USC 30304 (e) and 31301 to 31317 and 49 CFR 383 and 384.
343.03(1)(b)
(b) The department shall issue operator's licenses in conformity with the classified driver license system to each licensee upon renewal, reinstatement or initial application.
343.03(2)
(2) Authorizations to drive specific vehicle groups. The department shall clearly indicate on each operator's license the class of vehicles that the licensee is authorized to operate. Additional authorization for the licensee to operate a vehicle type described in
s. 343.04 (2) shall be shown by an endorsement, clearly indicated on the operator's license. If the authorizations are restricted in any way, the restrictions shall be clearly indicated on the document.
343.03(3)
(3) License variants. Except for restricted licenses under
s. 343.08 or temporary licenses, each operator's license issued by the department shall be in one of the following categories with a descriptive legend displayed on the top front side of the license document:
343.03(3)(a)
(a)
Regular license. The standard license legend is "regular" or a readily recognizable abbreviation thereof. The regular license, without any express endorsements or restrictions as provided in this chapter, authorizes the licensee to operate only "class D" vehicles as described in
s. 343.04 (1) (d), except as otherwise provided in this subsection. The license may be endorsed to permit operation of Type 1 motorcycles or school buses. A regular license may be subject to restrictions, including the attachment of a special restrictions card as provided in
s. 343.17 (4).
Effective date note
NOTE: Par. (a) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(a) Regular license. The standard license legend is "regular" or a readily recognizable abbreviation thereof. The regular license, without any express endorsements or restrictions as provided in this chapter, authorizes the licensee to operate only "class D" vehicles as described in s. 343.04 (1) (d), except as otherwise provided in this subsection. The license may be endorsed to permit operation of Type 1 motorcycles or school buses that are not commercial motor vehicles. A regular license may be subject to restrictions, including the attachment of a special restrictions card as provided in s. 343.17 (4).
343.03(3)(b)
(b)
Commercial driver license. A license authorizing the operation of "Class A", "Class B" or "Class C" vehicles, including a license issued under
s. 343.065, shall be labeled "Commercial Driver License" or "CDL". A commercial driver license may be endorsed to permit the operation of any other class or type of vehicle described in
s. 343.04. A commercial driver license may be subject to restrictions, including the attachment of a special restrictions card as provided in
s. 343.17 (4).
343.03(3)(c)
(c)
Motorcycle only license. Except as provided in
par. (f), a license authorizing only the operation of "Class M" vehicles shall be labeled "Motorcycle Only". A motorcycle only license may not be endorsed to permit the operation of any other class or type of vehicle. The license may be subject to restrictions, including the attachment of a special restrictions card as provided in
s. 343.17 (4).
343.03(3)(d)
(d)
Special restricted license. A license issued under
s. 343.135 shall be labeled "Special Restricted License" or a readily recognizable abbreviation thereof. The license may authorize the operation of only "Class D" vehicles and may not be endorsed to permit operation of the vehicle types described in
s. 343.04 (2). The license may be subject to restrictions in addition to those provided in
s. 343.135, including the attachment of a special restrictions card as provided in
s. 343.17 (4).
343.03(3)(e)
(e)
Occupational license. A license issued under
s. 343.10 authorizing only the operation of motor vehicles other than "Class A", "Class B" or "Class C" vehicles shall be labeled "Occupational License". Licenses issued under
s. 343.10 authorizing the operation of "Class A", "Class B" or "Class C" vehicles shall be labeled "CDL-Occupational". An occupational license may authorize the operation of "Class D" or "Class M" vehicles, or both, but may not be endorsed to permit operation of the vehicle types described in
s. 343.04 (2). The license may be subject to restrictions in addition to those provided in
s. 343.10, including the attachment of a special restrictions card as provided in
s. 343.17 (4).
Effective date note
NOTE: Par. (e) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(e) Occupational license. A license issued under s. 343.10 authorizing only the operation of motor vehicles other than "Class A", "Class B" or "Class C" vehicles shall be labeled "Occupational License". An occupational license may authorize the operation of "Class D" or "Class M" vehicles, or both, but may not permit operation of the vehicle types described in s. 343.04 (2). The license may be subject to restrictions in addition to those provided in s. 343.10, including the attachment of a special restrictions card as provided in s. 343.17 (4).
343.03(3)(f)
(f)
Probationary license. If
s. 343.085 applies, the license shall be labeled "Probationary" or a readily recognizable abbreviation thereof instead of as provided in
par. (a) or
(c). This paragraph does not apply to a license authorizing the operation of commercial motor vehicles.
343.03(4)
(4) Elimination of multiple licenses. The department shall not knowingly issue more than one license to a person.
343.03(5)
(5) Inquiries before issuance. Before issuing a license under this chapter, the department shall obtain driver record information from the national driver registry and commercial driver license information system to determine whether the applicant holds a commercial driver license, or a license that is revoked, suspended or canceled, or is otherwise disqualified. If the applicant is currently licensed in another state, the department shall obtain information on the applicant's license status with the state of licensure before issuing a license.
Effective date note
NOTE: Sub. (5) is affected eff. 9-30-05 by
2003 Wis. Act 2003 to read:
Effective date text
(5) Inquiries before issuance or renewal. (a) Before issuing or renewing any license under this chapter, the department shall obtain driver record information from the national driver registry and commercial driver license information system to determine whether the applicant holds a commercial driver license, or a license that is revoked, suspended or canceled, or is otherwise disqualified. If the applicant is currently licensed in another state, the department shall obtain information on the applicant's license status with the state of licensure before issuing a license.
Effective date text
(b) 1. Before issuing or renewing a commercial driver license, the department shall, within the time period specified in 49 CFR 384.232, request from any other jurisdiction that has issued an operator's license or commercial driver license to the person within the previous 10 years the driving record of the person as required under 49 CFR 384.206 (a) (2) (ii).
Effective date text
2. Subdivision 1. does not apply to a renewal of a person's commercial driver license if the department has previously issued or renewed a commercial driver license after September 30, 2005, and, in connection with the previous issuance or renewal, the department recorded on the person's driving record under s. 343.23 (2) (a) the date on which the operator's record check under subd. 1. was performed.
343.03(6)
(6) Release of records. The department shall, upon request, provide to the commercial driver license information system and the driver licensing agencies of other states any applicant or driver record information maintained by the department.
Effective date note
NOTE: Sub. (6) is affected eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(6) Release of records. (a) The department shall, upon request, provide to the commercial driver license information system and the driver licensing agencies of other states any applicant or driver record information maintained by the department.
Effective date text
(b) The department shall, upon request and within 30 days of the request, provide to the driver licensing agencies of other jurisdictions the driving record of any person currently or previously licensed by the department, as required under 49 CFR 384.206 (a) (2) (iii).
Effective date text
(c) The department shall, upon request and within the time period specified in s. 343.23 (2) (am) 1. b. and c., provide the operating record file information specified in s. 343.23 (2) (am) 1. b. and c. to any of the following requesters:
Effective date text
1. The person holding the commercial driver license.
Effective date text
2. The U.S. secretary of transportation.
Effective date text
3. Any employer or prospective employer of the person holding the commercial driver license, after notice to such person.
Effective date text
4. Any driver licensing agency of another jurisdiction or law enforcement agency.
Effective date text
5. Any governmental entity having access to the commercial driver license information system.
Effective date text
6. Any authorized agent of a requester specified in subds. 1. to 5.
343.03(7)
(7) Notification of commercial driver license issuance. The department shall notify the commercial driver license information system within 10 days of an issuance, renewal or reinstatement of a commercial driver license, a commercial driver license upgrade authorizing the operation of a vehicle group not authorized on the prior commercial driver license, and of the surrender of a commercial driver license issued by another state.
Effective date note
NOTE: Sub. (7) is affected eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(7) Notification of commercial driver license issuance and certain violations. (a) The department shall notify the commercial driver license information system within 10 days of an issuance, renewal or reinstatement of a commercial driver license, a commercial driver license upgrade authorizing the operation of a vehicle group not authorized on the prior commercial driver license, and of the surrender of a commercial driver license issued by another state.
Effective date text
(b) Within 10 days after the disqualification of the holder of a commercial driver license from operating a commercial motor vehicle for at least 60 days, or after the revocation, suspension, or cancellation of a commercial driver license for at least 60 days, the department shall notify the commercial driver license information system and, if the license was not issued by the department, the jurisdiction that issued the license of the disqualification, revocation, suspension, or cancellation and the violation that resulted in the disqualification, revocation, suspension, or cancellation.
Effective date text
(c) Within 30 days after a conviction of the holder of a commercial driver license issued by another jurisdiction for violating any state law or local ordinance of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another jurisdiction, other than a commercial driver license, for operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the jurisdiction that issued the license of the conviction.
Effective date note
NOTE: Par. (c) is amended eff. 9-30-08 by
2003 Wis. Act 33 to read:
Effective date text
(c) Within 10 days after a conviction of the holder of a commercial driver license issued by another jurisdiction for violating any state law or local ordinance of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another jurisdiction, other than a commercial driver license, for operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the jurisdiction that issued the license of the conviction.
343.04
343.04
Vehicle classifications. 343.04(1)
(1)
Vehicle classes. For purposes of this chapter, motor vehicles are divided into the following classes:
343.04(1)(a)
(a)
Class A. A "Class A" motor vehicle is any combination of vehicles with a gross vehicle weight rating, actual gross weight or registered weight of over 26,000 pounds, if the aggregate total gross vehicle weight rating, actual gross weight or registered weight of the vehicle or vehicles being towed is in excess of 10,000 pounds.
343.04(1)(b)
(b)
Class B. A "Class B" motor vehicle is any single vehicle with a gross vehicle weight rating, actual gross weight or registered weight of over 26,000 pounds, and any such vehicle towing a vehicle or vehicles with an aggregate total gross vehicle weight rating, actual gross weight or registered weight of 10,000 pounds or less.
343.04(1)(c)
(c)
Class C. A "Class C" motor vehicle is any single vehicle with a gross vehicle weight rating, actual gross weight and registered weight of 26,000 pounds or less, including any such vehicle towing a vehicle with a gross vehicle weight rating, actual gross weight and registered weight of less than 10,000 pounds, if any of the following applies:
343.04(1)(c)1.
1. The vehicle is designed to transport 16 or more passengers, including the driver.
343.04(1)(c)2.
2. The vehicle is transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under
42 CFR 73.
343.04(1)(e)
(e)
Class M. A "Class M" vehicle is any Type 1 motorcycle.
343.04(2)
(2) Vehicle types. For purposes of this chapter, certain vehicles intended to carry school children or other passengers, or having special operating characteristics, are divided into the following vehicle types specified in
pars. (a) to
(f):
343.04(2)(a)
(a)
Hazardous materials transporter. Hazardous materials transporter vehicles are vehicles transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under
42 CFR 73.
343.04(2)(b)
(b)
Air brakes equipped. Air brakes equipped vehicles are commercial motor vehicles equipped with a braking system operating fully or partly on the air brake principle.
343.04(2)(c)
(c)
Tanks. Tanks are commercial motor vehicles which are tank vehicles.
343.04(2)(d)
(d)
Passenger carrying. Passenger-carrying vehicles are motor vehicles designed to carry, or actually carrying, 16 or more passengers, including the driver.
343.04(2)(e)
(e)
School buses. All school buses, including those which are commercial motor vehicles.
343.04(2)(f)
(f)
Vehicles towing double or triple trailers. Vehicles towing double or triple trailers are commercial motor vehicles with double or triple trailers.
ISSUANCE, EXPIRATION AND RENEWAL OF LICENSES
343.05
343.05
Operators to be licensed; exceptions. 343.05(1)(a)(a) Except as provided in this subsection, no person may at any time have more than one operator's license. This prohibition includes, without limitation, having licenses from more than one state, having licenses under more than one name or birthdate, having an occupational license without having surrendered the revoked or suspended license document, and having more than one license issued for the operation of different types or classes of vehicles. This paragraph does not apply to any person who has only operator's licenses issued by this state and by a country, province or subdivision that is a party to an agreement under
s. 343.16 (1) (d).
343.05(1)(b)
(b) During the 10-day period beginning on the date on which the person is issued an operator's license, a person may hold more than one operator's license.
343.05(1)(c)
(c) A person may have both an operator's license and a duly issued instruction permit allowing restricted operation of a vehicle group not authorized by the license.
343.05(2)(a)(a) No person may operate a commercial motor vehicle upon a highway in this state unless the person is one of the following:
343.05(2)(a)1.
1. A resident who is at least 18 years of age, who is not disqualified under
s. 343.315, who has a valid commercial driver license which is not revoked, suspended, canceled or expired and, for the operation of any vehicle type under
s. 343.04 (2), has an endorsement authorizing operation of the vehicle type.
343.05(2)(a)2.
2. A nonresident who has in his or her immediate possession a valid commercial driver license issued to the person in another jurisdiction or Mexico bearing all endorsements required for the specific class and type of vehicle being operated. A license is not valid under this subdivision if the license is restricted to operation inside the person's home jurisdiction, or if the person is otherwise violating restrictions or exceeding operating authorization stated on the person's license. If the nonresident is operating a commercial motor vehicle in interstate commerce, he or she must be at least 21 years of age.
343.05(2)(a)4.
4. A person with a temporary license under
s. 343.305 (8) (a) which expressly authorizes the operation of the applicable class and type of commercial motor vehicle and which is not expired.
343.05(2)(b)
(b) This subsection does not apply to a person whose operation of a commercial motor vehicle is subject to waiver under
s. 343.055.
343.05(2)(c)
(c) A tow truck operator holding a valid commercial driver license who is engaged in the removal of a disabled or wrecked vehicle from the highway or eliminating a hazard is not required to hold an endorsement to his or her commercial driver license regardless of the type of vehicle being towed. This exception to the requirement for an endorsement does not apply to any subsequent towing of the vehicle, including moving the vehicle from one repair facility to another, unless one of the following applies:
