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).
343.085(5)
(5) For the purpose of determining when to suspend or to continue a person on probationary status, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may change such weighted scale from time to time as experience or the accident frequency in the state makes necessary or desirable. Such scale may be weighted differently for this licensee than the scale used to determine suspensions under
s. 343.32. 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.
343.10
343.10
Occupational licenses. 343.10(1)
(1)
Application for occupational license. 343.10(1)(a)(a) If a person's license or operating privilege is revoked or suspended under this chapter or
s. 767.303,
938.34 (14q),
943.21 (3m), or
961.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in
sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or
s. 767.303,
938.34 (14q),
943.21 (3m), or
961.50, except that this limitation does not apply to an application to amend an occupational license restriction.
343.10(1)(b)
(b) The application shall be in a form established by the department and shall identify the specific motor vehicle that the applicant seeks authorization to operate, including the vehicle classification and any required endorsements. The application shall include an explanation of why operating the motor vehicle is essential to the person's livelihood and identify the person's occupation or trade. The application shall identify the applicant's employer, and include proof of financial responsibility as specified in
s. 343.38 (1) (c) covering the vehicle or vehicles that the applicant requests authorization to operate. The application shall identify the hours of operation and routes of travel being requested by the applicant in accord with the restrictions of
sub. (5). The applicant shall certify whether, to the best of personal knowledge, he or she is disqualified under
s. 343.315.
Effective date note
NOTE: Par. (b) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(b) The application shall be in a form established by the department and shall identify the specific motor vehicle that the applicant seeks authorization to operate, including the vehicle classification and any required endorsements. The application shall include an explanation of why operating the motor vehicle is essential to the person's livelihood and identify the person's occupation or trade. The application shall identify the applicant's employer, and include proof of financial responsibility as specified in s. 343.38 (1) (c) covering the vehicle or vehicles that the applicant requests authorization to operate. The application shall identify the hours of operation and routes of travel being requested by the applicant in accord with the restrictions of sub. (5).
343.10(1)(d)
(d) If the applicant's commercial driver license has been suspended or revoked for a violation of
s. 346.63 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (1) and the person was not operating a commercial motor vehicle at the time of the violation, an application seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed with the department. The application may also seek authorization to operate "Class D" or "Class M" vehicles.
Effective date note
NOTE: Par. (d) is repealed eff. 9-30-05 by
2003 Wis. Act 33.
343.10(1)(e)
(e) If the applicant's commercial driver license has been suspended under
s. 343.32 (2), an application seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed with the department. The application may also seek authorization to operate "Class D" or "Class M" vehicles.
Effective date note
NOTE: Par. (e) is repealed eff. 9-30-05 by
2003 Wis. Act 33.
343.10(1)(f)
(f) If the applicant's commercial driver license has been suspended or revoked under
ch. 344, an application seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed with the department. The application may not seek authorization to operate "Class D" or "Class M" vehicles.
Effective date note
NOTE: Par. (f) is repealed eff. 9-30-05 by
2003 Wis. Act 33.
343.10(2)(a)(a) Except as provided in
pars. (b) to
(e), a person is eligible for an occupational license if the following conditions are satisfied:
343.10(2)(a)1.
1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under this chapter or
ch. 344 or
s. 943.21 (3m) or
961.50 within the one-year period immediately preceding the present revocation or suspension, except as provided in
s. 344.40.
343.10(2)(a)2.
2. The person files proof of financial responsibility as specified under
s. 343.38 (1) (c) covering all vehicles for which the person seeks permission to operate.
343.10(2)(a)3.
3. The person surrenders his or her former operator's license unless the license is already in the possession of the court or the department.
343.10(2)(a)4.
4. At least 15 days have elapsed since the date of revocation or suspension, or, in the case of an appeal that is subsequently dismissed or affirmed, at least 15 days have elapsed since the date of revocation or suspension following the dismissal or affirmance of the appeal, unless another minimum waiting period or immediate eligibility is expressly provided by law.
343.10(2)(b)
(b) No occupational license may permit the operation of any motor vehicles for which the applicant did not hold valid authorization at the time of revocation or suspension of the person's license or operating privilege.
343.10(2)(c)
(c) No occupational license permitting the operation of a commercial motor vehicle may be granted to a person during a period of disqualification under
s. 343.315.
Effective date note
NOTE: Par. (c) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
