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:
Effective date text
(c) No occupational license permitting the operation of a commercial motor vehicle may be granted to a person.
343.10(2)(d)
(d) A person whose operating privilege is revoked under
ch. 351 is not eligible for an occupational license except as provided in
s. 351.07.
343.10(2)(e)
(e) If the court orders a person to submit to and comply with an assessment and driver safety plan and if the person has 2 or more prior convictions, suspensions or revocations, as counted under
s. 343.307 (1), no occupational license may be granted until the person has completed the assessment and is complying with the driver safety plan.
343.10(3)(a)(a) If satisfied that the person is eligible under
sub. (2), the department shall consider the number and seriousness of prior traffic convictions in determining whether to issue an occupational license and what restrictions to specify. Notwithstanding
s. 343.40, the denial by the department of an application for an occupational license is not subject to judicial review.
343.10(3)(b)
(b) The department shall inform a person whose application for an occupational license under
sub. (1) is denied in whole or in part of the specific reasons for the denial and that he or she may file one petition for an occupational license under
sub. (4).
343.10(4)
(4) Petition for occupational license. 343.10(4)(a)(a) A person whose application for an occupational license under
sub. (1) is denied in whole or in part may file a petition with the clerk of the circuit court in the county in which the person resides for an order authorizing the issuance of an occupational license to the person. No person may file a petition under this paragraph unless he or she first pays the fee specified in
s. 814.61 (14) to the clerk of the circuit court. The person's petition shall include a copy of the person's current operating record under
s. 343.23 (2) and the reasons why the person should be granted an occupational license. The court shall consider the number and seriousness of prior traffic convictions in determining whether to grant the petition and shall state, in writing, its reasons for granting or denying the petition. No person may file more than one petition with respect to a denial of an application for an occupational license under
sub. (1).
343.10(4)(b)
(b) If the court grants the petition, the court shall issue an order authorizing the issuance of an occupational license to the person. The order for issuance of an occupational license shall include definite restrictions as to hours of the day, hours per week, type of occupation and areas or routes of travel to be permitted under the license as provided in
sub. (5). A copy of the order shall be forwarded to the department. Upon receipt of the court order, the petitioner shall be considered an applicant by the department for purposes of this section. The occupational license issued by the department under this paragraph shall contain the restrictions ordered by the court. If the court denies the petition, the clerk of the court shall notify the department of the denial of the petition.
343.10(4)(c)
(c) The department shall not issue an occupational license to a person upon receipt of an order from a court under this subsection if the person appears by the records of the department to have filed more than one petition with a court for an occupational license under this subsection.
343.10(5)
(5) Restrictions and limitations on occupational license. 343.10(5)(a)1.1. In addition to any restrictions appearing on the former operator's license of the applicant, the occupational license shall contain definite restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes of travel which are permitted under the license. The occupational license may permit travel to and from church during specified hours if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The occupational license may permit travel necessary to comply with a driver safety plan ordered under
s. 343.30 (1q) or
343.305 if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The occupational license may contain restrictions on the use of alcohol and of controlled substances and controlled substance analogs in violation of
s. 961.41.
343.10(5)(a)2.
2. If the applicant has 2 or more convictions, suspensions or revocations, as counted under
s. 343.307 (1), the occupational license shall prohibit the applicant from driving or operating a motor vehicle while he or she has an alcohol concentration of more than 0.0.
343.10(5)(a)3.
3. If the applicant has 2 or more prior convictions, suspensions, or revocations, as counted under
s. 343.307 (1), the occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under
s. 343.301 (1) that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device or has ordered under s.
346.65 (6) (a) 1., 1999 stats., that the motor vehicle owned by the person and used in the violation or improper refusal be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. If the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.
343.10(6)
(6) Fee. No person may file an application for an occupational license under
sub. (1) unless he or she first pays a fee of $40 to the department.
343.10(7)
(7) Department to issue occupational license. 343.10(7)(b)(b) The department shall issue an occupational license as soon as practicable upon receipt of an application to the department under
sub. (1) or an order from a court under
sub. (4) or
s. 351.07 for such a license, if the department determines that the applicant is eligible under
sub. (2).
343.10(7)(c)
(c) If the person is disqualified under
s. 343.315 but otherwise eligible under
sub. (2), the department shall issue an occupational license authorizing operation only of vehicles other than commercial motor vehicles.
343.10(7)(cm)
(cm) If the occupational license includes the restriction specified in
sub. (5) (a) 3., the department shall not issue the occupational license until the applicant provides evidence satisfactory to the department that any motor vehicle that the applicant will be permitted to operate has been equipped with a functioning ignition interlock device.
343.10(7)(d)
(d) An occupational license issued by the department under this subsection shall be in the form of a photo license and any special restrictions cards under
s. 343.17 (4). The license shall clearly indicate that restrictions on a special restrictions card apply and that the special restrictions card is part of the person's license.
343.10(7)(e)
(e) The occupational license issued by the department shall contain the restrictions required by
sub. (5). The occupational license authorizes the licensee to operate a motor vehicle only when that operation is an essential part of the licensee's occupation or trade. If the department determines that the applicant is eligible under
sub. (2), the department may impose such conditions and limitations upon the authorization to operate commercial or noncommercial motor vehicles as in the secretary's judgment are necessary in the interest of public safety and welfare, including reexamination of the person's qualifications to operate a commercial or noncommercial motor vehicle or a particular type thereof. The department may limit such authorization to include, without limitation, the operation of particular vehicles, particular kinds of operation and particular traffic conditions.
Effective date note
NOTE: Par. (e) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(e) The occupational license issued by the department shall contain the restrictions required by sub. (5). The occupational license authorizes the licensee to operate a motor vehicle only when that operation is an essential part of the licensee's occupation or trade. If the department determines that the applicant is eligible under sub. (2), the department may impose such conditions and limitations upon the authorization to operate motor vehicles as in the secretary's judgment are necessary in the interest of public safety and welfare, including reexamination of the person's qualifications to operate a motor vehicle or a particular type thereof. The department may limit such authorization to include, without limitation, the operation of particular vehicles, particular kinds of operation and particular traffic conditions.
343.10(7)(f)
(f) The expiration date of the occupational license is the 2nd working day after the date of termination of the period of revocation or suspension as provided by law. The occupational license may be revoked, suspended or canceled before termination of that period. An occupational license is not renewable when it expires. If an occupational license expires and is not revoked, suspended or canceled, the licensee may obtain a new license upon that expiration but only if he or she complies with the conditions specified in
s. 343.38. Revocation, suspension or cancellation of an occupational license has the same effect as revocation, suspension or cancellation of any other license.
343.10(7)(g)
(g) Notwithstanding
sub. (2) (a) 4., there shall be no minimum waiting period before the issuance of an occupational license under this subsection authorizing operation of only "Class A", "Class B" or "Class C" vehicles 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 or has been suspended or revoked under
ch. 344. If the application also seeks authorization to operate "Class D" or "Class M" vehicles, the department may issue an occupational license if at least 15 days have elapsed since the date of suspension or revocation unless another minimum waiting period or eligibility at any time is provided by law.
Effective date note
NOTE: Par. (g) is repealed eff. 9-30-05 by
2003 Wis. Act 33.
343.10(8)
(8) Violation of restrictions. Any person who violates a restriction on an occupational license 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 shall be:
343.10(8)(a)
(a) Prosecuted under
s. 343.44 (1) (a) if the occupational license was issued while the person's operating privilege was suspended.
343.10(8)(b)
(b) Prosecuted under
s. 343.44 (1) (b) if the occupational license was issued while the person's operating privilege was revoked.
343.10(9)
(9) Notice. The department shall inform a person whose operating privilege is revoked or suspended under this chapter of his or her right to apply to the department for issuance of an occupational license under this section.
343.10 History
History: 1973 c. 90,
218;
1975 c. 297;
1977 c. 29 s.
1654 (7) (a), (e);
1977 c. 193;
1979 c. 102,
316,
355;
1981 c. 20;
1983 a. 27,
525,
526;
1985 a. 32 s.
3;
1985 a. 71,
337;
1987 a. 3;
1989 a. 31,
38,
105,
359;
1991 a. 39,
269,
277;
1995 a. 113,
201,
269,
401,
436,
448;
1997 a. 35,
84,
237;
1999 a. 109;
2001 a. 16 ss.
3409f,
3409g,
4060hw,
4060hy;
2003 a. 33,
80,
200,
326.
343.10 Cross-reference
Cross Reference: See also ch.
Trans 117, Wis. adm. code.
343.10 Annotation
A court cannot impose restrictions on occupational licenses other than those in sub. (1), 1987 stats. [now sub. (5) (a)]. State v. Darling,
143 Wis. 2d 839,
422 N.W.2d 886 (Ct. App. 1988).
343.11
343.11
Temporary license for persons previously licensed in another state. 343.11(1)
(1) The department shall not issue a license to a person previously licensed in another jurisdiction unless such person surrenders to the department all valid operator's licenses possessed by the person issued by any other jurisdiction, which surrender operates as a cancellation of the surrendered licenses insofar as the person's privilege to operate a motor vehicle in this state is concerned. When such applicant surrenders the license to the department, the department shall issue a receipt therefor, which receipt shall constitute a temporary license to operate a motor vehicle for a period not to exceed 60 days if the applicant meets the standard required for eyesight and, in the opinion of the examiner, is not a dangerous hazard to the applicant and other users of the highways. Except as provided in
s. 343.055, the temporary license shall not be valid authorization for the operation of commercial motor vehicles. The temporary license shall be surrendered to the examiner for cancellation by the department if the 3rd attempt at the driving test is failed and the applicant shall be required to secure a temporary instruction permit for further practice driving.
343.11(2)
(2) Within 30 days following licensure in this state, the department shall destroy all surrendered licenses and report to the issuing jurisdiction that the licensee is now licensed in this state.
343.11(3)
(3) Except as provided in
sub. (1), the department may issue a receipt to any applicant for a license, which receipt shall constitute a temporary license to operate a motor vehicle while the application for license is being processed. Such temporary license shall be valid for a period not to exceed 30 days.
343.12
343.12
School bus operators to obtain special authorization.
