343.06 Cross-reference
Cross Reference: See also s.
PI 21.04, Wis. adm. code.
343.06 Annotation
Performance of the duty to apply sub. (7), 1987 stats. [now sub. (1) (e)], delegated to a state driver license examiner is within the rule of civil immunity. Lifer v. Raymond,
80 Wis. 2d 503,
259 N.W.2d 537 (1977).
343.06 Annotation
The offering of driver education courses by public schools is optional rather than mandatory; but if offered, all qualified students must be allowed to participate. The state superintendent may require private schools to consent to on-site inspections for compliance verification as a condition of approval granted those schools under that section. 59 Atty. Gen. 27.
343.065
343.065
Restricted commercial driver license. 343.065(1)
(1) If an applicant for a commercial driver license is less than 21 years of age or does not meet the physical qualifications for drivers contained in
49 CFR 391 or an alternative federally approved driver qualification program established by the department by rule but is at least 18 years of age and otherwise qualified under this chapter and the rules of the department, the department may issue the applicant a commercial driver license restricted to authorizing the operation of commercial motor vehicles not in interstate commerce.
343.065(2)
(2) A commercial driver license issued under this section shall clearly identify that the license does not authorize the operation of commercial motor vehicles in interstate commerce.
343.065 History
History: 1989 a. 105;
1995 a. 113.
343.065 Cross-reference
Cross Reference: See also ch.
Trans 112, Wis. adm. code.
343.07
343.07
Instruction permits. 343.07(1)(1)
Regular permit; issuance, restrictions. Upon application therefor by a person at least 15 years and 6 months of age who, except for age or lack of training in the operation of a motor vehicle, is qualified to obtain an operator's license and has passed such knowledge test as the department may require, the department may issue a regular instruction permit. If the application is made by a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under
s. 343.14 (2) (em). The permit entitles the permittee to operate a motor vehicle, except a commercial motor vehicle, school bus, or Type 1 motorcycle, a motor bicycle, or a moped, upon the highways, subject to the following restrictions:
343.07(1)(a)
(a) Except as provided in this subsection, no permittee may operate a motor vehicle unless accompanied by a person who has at least 2 years of licensed driving experience, who presently holds a valid regular license, as defined in
s. 343.03 (3) (a), who occupies the seat beside the permittee and who is one of the following:
343.07(1)(a)1.
1. A qualified instructor who is 19 years of age or older. If the motor vehicle is equipped with dual controls, up to 3 other persons, in addition to the qualified instructor, may occupy seats in the motor vehicle other than the front seat.
343.07(1)(a)2.
2. The permittee's parent, guardian or spouse who is 19 years of age or older. In addition to the parent, guardian or spouse, the permittee's immediate family members may occupy seats in the motor vehicle other than the front seat.
343.07(1)(a)3.
3. A person who is 21 years of age or older. If the permittee is under 18 years of age, this subdivision applies only if the licensed person has been designated in writing to accompany the permittee by the permittee's parent or guardian prior to operation of the vehicle by the permittee.
343.07(1)(bm)
(bm) Except as provided in
par. (a), no permittee may operate a motor vehicle upon a highway in this state whenever any person is in the motor vehicle.
343.07(1)(cm)
(cm) If the permittee is at least 16 years of age, in addition to the licensed accompanying operator, one other licensed person 25 years of age or more with at least 2 years' driving experience may occupy a seat in the motor vehicle other than the front seat.
343.07(1)(d)
(d) The permittee shall not operate a motor vehicle during the hours of darkness unless accompanied by:
343.07(1)(d)1.
1. A licensed person 25 years of age or more, with at least 2 years' licensed driving experience, occupying the seat beside the permittee; or
343.07(1)(e)
(e) The permittee may operate a motor vehicle when accompanied by an authorized license examiner for the purpose of examining the permittee's ability to operate a motor vehicle.
343.07(1m)
(1m) Commercial motor vehicle and school bus instruction permits; issuance, restrictions. Upon application therefor by a person at least 18 years of age who holds a valid operator's license issued under this chapter and who, except for lack of training in the operation of a commercial motor vehicle or school bus, is qualified to obtain authorization for the operation of such vehicle including having passed the applicable knowledge tests, the department may issue an instruction permit for commercial motor vehicle or school bus operation. A permit limited to commercial motor vehicle instructional operation entitles the permittee to operate only a commercial motor vehicle upon the highways. A permit limited to school bus instructional operation entitles the permittee to operate only a school bus upon the highways. Both permits are subject to the following restrictions:
343.07(1m)(a)
(a) Except as provided in
par. (am), the permittee may not operate a commercial motor vehicle or school bus unless accompanied by a qualified instructor or a licensed person 21 years of age or older with a valid license authorizing the person to operate such vehicle, occupying the seating position nearest to the driver. No passengers are allowed in the vehicle, except that when the accompanying operator is a qualified instructor up to 3 other permittees also being trained may occupy seats in the vehicle. The permittee may operate a commercial motor vehicle carrying property under this paragraph.
343.07(1m)(am)1.1. A permittee may operate a commercial motor vehicle or school bus, other than a vehicle type specified in
s. 343.04 (2) (a),
(c) or
(f), within this state unaccompanied by a qualified instructor or a licensed person 25 years of age or older with at least 2 years of licensed driving experience in a representative vehicle and a valid license authorizing the person to operate such vehicle if the permittee has taken and passed the applicable knowledge tests and all of the following requirements are met:
343.07(1m)(am)1.a.
a. The permittee is operating the vehicle in connection with a driver training course or program approved by the department.
343.07(1m)(am)1.b.
b. The vehicle is being used by the permittee exclusively for driver training purposes and not for the purposes of carrying property or passengers.
343.07(1m)(am)1.c.
c. Direct, uninterrupted audio or audiovisual electronic communication between a qualified instructor and the permittee is maintained at all times the permittee is operating the vehicle.
343.07(1m)(am)2.
2. This paragraph shall apply to the extent permitted under federal law.
343.07(1m)(b)
(b) Unless the permittee is at least 21 years of age, the instruction permit is not valid authorization for operation in interstate commerce and that lack of authorization shall be clearly indicated on the permit.
343.07(1m)(c)
(c) The permittee may operate a commercial motor vehicle or school bus when accompanied by an authorized license examiner for the purpose of examining his or her ability to operate a commercial motor vehicle or school bus.
343.07(1m)(d)
(d) No person holding an instruction permit issued under this subsection may operate a vehicle transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under
42 CFR 73.
343.07(2)
(2) Training certificate required. Except for persons who qualify for a license under
s. 343.08, the department shall not issue an instruction permit to anyone under 18 years of age, unless it has a certificate from the applicant's qualified instructor to the effect that the applicant is enrolled in an approved driver education and training course for the purpose of the practice driving phase.
343.07(3)
(3) Duration; cancellation. An instruction permit to operate vehicles other than commercial motor vehicles or school buses is valid for 12 months except that it may be canceled upon receipt of information, by the secretary, of noncompletion or unsatisfactory completion of a driver education and training course by a permittee under the age of 18. An instruction permit to operate commercial motor vehicles or school buses is valid for 6 months.
343.07(4)
(4) Instruction permits; Type 1 motorcycle, motor bicycle and moped. 343.07(4)(a)(a) Upon application by a person who qualifies for issuance of a license under
s. 343.06 (1) (c) and who wishes to qualify for the operation of a Type 1 motorcycle, the department may issue an instruction permit for the operation of "Class M" vehicles.
343.07(4)(b)
(b) The permit for Type 1 motorcycle operation shall be valid for 6 months. The department shall issue no more than 3 permits for Type 1 motorcycle operation to a person unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The permit for Type 1 motorcycle operation entitles the permittee to operate a Type 1 motorcycle subject to the following restrictions:
343.07(4)(b)1.
1. No passenger may accompany the permittee except that a person with at least 2 years of licensed driving experience and whose license is endorsed for Type 1 motorcycle operation may ride as a passenger-instructor.
343.07(4)(b)2.
2. The permittee may not operate a Type 1 motorcycle during hours of darkness unless accompanied by a licensed person 25 years of age or more and meeting the requirements of
subd. 1.
343.07(4)(c)
(c) The permit for moped and motor bicycle operation shall be valid for 6 months and entitles the permittee to operate a moped or motor bicycle subject to restrictions specified by the department by rule.
343.07 Cross-reference
Cross Reference: See also ch.
Trans 129, Wis. adm. code.
343.07(5)
(5) Definition. In this section, "qualified instructor" means a person employed by a public or private school, holding an operator's license and meeting the teaching certification standards of the department of public instruction or the technical college system board to teach driver education, or an instructor of a school licensed under
s. 343.61, or a teacher or student teacher in a driver education course for teachers conducted by an institution of higher education.
343.07(6)
(6) Special instructional permits. This section does not apply to instructional permits issued under
s. 343.075.
343.07 Annotation
Although the liability of a passenger-teacher for the negligence of his student driver has generally been based on principles of agency, the passenger's liability may also arise from violation of an independent duty to supervise and control the automobile based upon his agreement, as an experienced driver, to instruct and supervise an inexperienced driver. Hoeft v. Friedel,
70 Wis. 2d 1022,
235 N.W.2d 918 (1975).
343.075
343.075
Instructional permits for applicants for special restricted operators' licenses. The department may require an applicant for a special restricted operator's license under
s. 343.135 to first obtain an instructional permit if the department deems it advisable. The department shall determine the requirements for issuance of an instructional permit under this section and the restrictions, if any, on such permits.
343.075 History
History: 1979 c. 345.
343.08
343.08
Restricted licenses for persons under 18 years of age. 343.08(1)(1) Upon application therefor, the department may issue a restricted license to a person who is at least 14 and less than 18 years of age if the following conditions, in addition to any others specified in this chapter, are fulfilled:
343.08(1)(a)
(a) The department must be satisfied that it is necessary for the applicant to operate an automobile, farm truck, dual purpose farm truck, Type 1 motorcycle powered with an engine of not more than 125 cubic centimeters displacement, Type 2 motorcycle, moped or motor bicycle owned and registered by the applicant's parent or guardian or a farm truck leased to the applicant's parent or guardian.
343.08(1)(b)
(b) The applicant, accompanied by a parent or guardian, must have appeared in person before an examining officer with a certificate of birth to show that the applicant is at least 14 years of age.
343.08(1)(c)
(c) The applicant must have passed an examination as specified in
s. 343.16, including a test of the applicant's ability to safely operate the type of vehicle which the applicant is making application for license to operate.
343.08(2)(a)(a) A restricted license issued pursuant to this section is valid only until the licensee secures an operator's license issued pursuant to
s. 343.03 or reaches 18 years of age and, except as provided in
par. (b), entitles the licensee to operate an automobile, farm truck, dual purpose farm truck, Type 1 motorcycle powered with an engine of not more than 125 cubic centimeters displacement, Type 2 motorcycle, moped or motor bicycle owned and registered by the licensee's parent or guardian or a farm truck leased to the licensee's parent or guardian or any combination of these vehicles, depending on the restrictions placed by the department on the particular license.
343.08(2)(b)
(b) A license issued pursuant to this section does not authorize the licensee to operate any such vehicle during hours of darkness or to operate a vehicle for hire or in a city having a population of 500,000 or more or to operate a school bus or a commercial motor vehicle, including a farm truck or dual purpose farm truck defined as a commercial motor vehicle, or taxicab.
343.085
343.085
Probationary licenses to new drivers. 343.085(1)(a)(a) Except as provided in
par. (b) and
sub. (2), the department shall issue a probationary license to all applicants for an original license. The probationary license shall remain in effect as provided in
s. 343.20 (1) (a).
343.085(1)(b)
(b) The department may not issue a probationary license to operate "Class D" vehicles under this section to an applicant who is under 18 years of age unless the applicant has held an instruction permit issued under
s. 343.07 for not less than 6 months and, during the 6-month period immediately preceding application, has not committed a moving violation, specified by the department by rule, resulting in a conviction. The department may promulgate rules to waive the requirement of holding an instruction permit for not less than 6 months for qualified applicants who are licensed by another jurisdiction to operate "Class D" vehicles.
343.085(2)(a)(a) Any person moving to this state who has been licensed in another jurisdiction for at least 3 years, who presently holds a license, other than an instruction permit, from another jurisdiction which has not expired for more than 6 months and who has passed the person's 21st birthday is exempt from this section.
343.085(2)(b)
(b) Applicants issued a commercial driver license are exempt from this section.
343.085(2)(c)
(c) Any person entitled to a regular license under an agreement entered into under
s. 343.16 (1) (d) is exempt from this section.
343.085(2m)(a)(a) Except as provided in this subsection, during the 9-month period after issuance of a probationary license under this section, no licensee under 18 years of age may operate a "Class D" vehicle upon a highway in this state:
343.085(2m)(a)1.
1. If, in addition to the licensee, the vehicle is occupied by any person other than the following:
343.085(2m)(a)2.
2. Between the hours of 12 midnight and 5 a.m., unless the licensee's parent or guardian, or a person who meets the requirements under
s. 343.07 (1) (a), occupies the seat beside the licensee, or unless the licensee is traveling between his or her place of residence, school and place of employment.
343.085(2m)(am)1.1. Paragraph (a) does not apply to any licensee to whom all of the following apply:
343.085(2m)(am)1.a.
a. The licensee is operating the motor vehicle in the service of an organized program that, without compensation, transports teenagers to their homes.
343.085(2m)(am)1.b.
b. The licensee possesses documentation that identifies the program and the licensee and that authorizes the licensee to operate a motor vehicle in service of the program on the date and time of the operation. The documentation is valid only if signed by a person who is at least 25 years of age and associated with the program.
343.085(2m)(am)1.c.
c. The licensee is accompanied by another licensee, other than a teenager who is being transported, who is in the motor vehicle in the service of the program described in
subd. 1. a. and who possesses the documentation described in
subd. 1. b.
343.085(2m)(am)1.d.
d. The licensee is accompanied by not more than 3 passengers in the vehicle. The licensee described in
subd. 1. c. shall not be counted under this
subd. 1. d.
343.085(2m)(am)2.
2. Paragraph (a) does not apply to any licensee operating the motor vehicle to or from a program described in
subd. 1. a., if the licensee possesses documentation described in
subd. 1. b. A licensee described in this subdivision may be accompanied by any number of persons also traveling to or from a program described in
subd. 1. a.
343.085(2m)(ar)
(ar) Paragraph (a) does not apply to any licensee operating a motor vehicle for emergency purposes.
343.085(2m)(b)1.1. The department shall extend the restrictions under
par. (a) for an additional 6-month period or until the licensee's 18th birthday, whichever occurs earlier, if any of the following occurs while the licensee is subject to the restrictions under
par. (a):
343.085(2m)(b)1.a.
a. The licensee commits a moving violation specified by the department by rule, resulting in a conviction of the licensee.
343.085(2m)(b)1.c.
c. A court or the department suspends or revokes the licensee's operating privilege for any reason other than a mental or physical disability.
343.085(2m)(b)2.
2. If the department extends a restriction period under
subd. 1., the department shall immediately provide notice of the extension by 1st class mail to the person's last-known residence address.
343.085(2m)(c)
(c) A period of restriction under this subsection does not run while a person's operating privilege is suspended or revoked.
343.085(2m)(d)
(d) The restrictions under this subsection apply until the period of restriction expires or until the licensee reaches 18 years of age, whichever occurs first.
343.085(2m)(e)
(e) Nothing in this subsection may be construed to create a separate cause of action against the parent or guardian of a probationary licensee under this subsection or against the owner of any vehicle operated by a probationary licensee under this section.
343.085(3)
(3) The secretary may suspend a person's operating privilege under this section when such person has been assigned sufficient demerit points after conviction for traffic violations to require suspension under the rule adopted under
sub. (5) and either holds a license issued under this section or by age comes under this section. This subsection applies only to a person holding a probationary license issued before September 1, 2000. This subsection does not apply on or after October 1, 2003.
343.085(4)
(4) The secretary may require that a person be continued on probationary status beyond the period of first issuance if such person appears by the records of the department to have repeatedly violated any of the state traffic laws or any local ordinance in conformity therewith or any law of a federally recognized American Indian tribe or band in this state in conformity with any of the state traffic laws. A person may not be continued on probationary status due to a suspension under
s. 343.30 (6).
