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. 343.12(1)(a)(a) No person shall operate a school bus without having first applied for and received authorization from the department in the form of a school bus endorsement to the person's valid operator's license.
343.12(1)(b)
(b) A motor bus registered in compliance with
s. 341.26 (7) and equipped as provided under
ss. 347.25 (2) and
347.44 but not transporting children for any purpose is not a school bus within the meaning of this subsection while being used on a highway for purposes other than those specified in
s. 340.01 (56) (a) or
(am) if the flashing red warning lights are not used and all markings on the front and rear of the motor bus indicating that it is a school bus are removed or completely concealed.
343.12(2)
(2) The department shall issue or, except as provided in
par. (h), renew a school bus endorsement to a person only if such person meets all of the following requirements:
Effective date note
NOTE: Sub. (2) (intro.) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(2) The department shall issue a school bus endorsement to a person only if such person meets all of the following requirements:
Effective date note
NOTE: Sub. (2) (intro.) is shown below as affected by three acts of the 2003 Wisconsin legislature, eff. 9-30-05.
Effective date text
(2) Except as provided in sub. (2m), the department shall issue or, except as provided in par. (h), renew a school bus endorsement to a person only if such person meets all of the following requirements:
343.12(2)(a)
(a) Subject to
sub. (3), is at least 18 years and not more than 70 years of age.
343.12(2)(c)
(c) Holds a valid operator's license issued under this chapter.
343.12(2)(d)
(d) Notwithstanding
ss. 111.321,
111.322 and
111.335, has not been convicted of reckless driving under
s. 346.62 or a local ordinance in conformity with
s. 346.62 (2) or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.62 (2), operating a motor vehicle while operating privileges are suspended or revoked under
s. 343.44 (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. 343.44 (1) with respect to operation of a motor vehicle while operating privileges are suspended or revoked, any of the offenses enumerated under
s. 343.31 (1) or
(2), or 2 or more offenses under
s. 346.63 (7) 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 (7), or a conviction under the law of another jurisdiction, as those terms are defined in
s. 340.01 (9r) and
(41m), respectively, prohibiting reckless or careless driving, as those or substantially similar terms are used in that jurisdiction's laws, or a conviction, suspension or revocation that would be counted under
s. 343.307 (2), within the 2-year period immediately preceding the date of application. Upon request of the operator or school, the department shall certify whether the operator meets this requirement.
343.12(2)(dm)
(dm) Notwithstanding
ss. 111.321,
111.322, and
111.335, has been subject to the background investigation specified in
sub. (6) (a) and does not have a record of conviction or of adjudication of delinquency or operating privilege revocation that disqualifies the person from issuance or renewal of a school bus endorsement under
sub. (7) or rules promulgated by the department under
subs. (7) and
(8).
343.12(2)(e)
(e) Subject to
ss. 111.321,
111.322 and
111.335, has not been convicted of a felony or offense against public morals in this state, including a conviction under the law of a federally recognized American Indian tribe or band in this state for an offense which, if the person had been convicted of the offense under the laws of this state, would have constituted a felony or offense against public morals, or in another jurisdiction, within the past 5 years.
343.12(2)(f)
(f) Has sufficient use of both hands and the foot normally employed to operate the foot brake and foot accelerator correctly and efficiently. Such use may be substantiated by competent medical proof submitted by the applicant.
343.12(2)(g)
(g) Has passed the physical examination required. Physical standards to be met may be established by the department.
343.12(2)(h)
(h) Prior to the initial issuance or renewal of the endorsement, takes and passes a special examination prescribed by the department and administered by the department or by a 3rd-party tester under
s. 343.16 (1) (b) to determine his or her ability to safely operate a school bus. This special examination may include the examination required under
sub. (3). The department may renew the endorsement without retesting the licensee, except under
sub. (3).
343.12(2m)
(2m) The department shall issue a school bus endorsement to a person, authorizing operation of a school bus that is a commercial motor vehicle, only if such person meets all of the requirements specified in
sub. (2) and, in addition, meets all of the following requirements:
343.12(2m)(a)
(a) Has been or is at the same time issued a valid commercial driver license.
343.12(2m)(b)
(b) Qualifies for the endorsement under
s. 343.17 (3) (d) 3., including passing the knowledge and driving skills tests required for obtaining such an endorsement.
Effective date note
NOTE: Sub. (2m) is created eff. 9-30-05 by
2003 Wis. Act 33.
343.12(3)
(3) The department may issue a school bus endorsement to a person who is more than 70 years of age if the person meets the requirements specified in
sub. (2) (c) to
(f) and
(h) before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under
sub. (2) (g).
Effective date note
NOTE: Sub. (3) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(3) Notwithstanding sub. (2) (a) and (g), the department may issue a school bus endorsement under sub. (2) to a person who is more than 70 years of age if the person meets the requirements specified in sub. (2) (c) to (f) and (h) before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under sub. (2) (g). Notwithstanding sub. (2) (a) and (g), the department may issue a school bus endorsement under sub. (2m) to a person who is more than 70 years of age if the person meets the requirements specified in subs. (2) (c) to (f) and (h) and (2m) (a) to (d) before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under sub. (2) (g).
343.12(4)(a)(a) Notwithstanding
sub. (1), a person may operate a school bus in this state if one or more of the following requirements are met:
343.12(4)(a)1.
1. The person is a nonresident holding a valid commercial driver license with a "P" passenger endorsement and any additional endorsements required by the person's home jurisdiction for the operation of a school bus and the origin or destination of the trip is in another state.
343.12(4)(a)2.
2. The person is a resident of Iowa, Illinois, Michigan or Minnesota and was licensed under s.
343.12 (2) (c), 1987 stats. This subdivision applies only for 2 years after December 20, 1989.
343.12(4)(a)3.
3. The person is a resident of Iowa, Illinois, Michigan or Minnesota and holds a valid operator's license authorizing the operation of a school bus.
Effective date note
NOTE: Par. (a) is affected eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(a) Notwithstanding sub. (1), a person may operate a school bus in this state if the person is a nonresident holding a valid commercial driver license with an "S" endorsement and the school bus is a commercial motor vehicle or, if the school bus is not a commercial motor vehicle, the person is a resident of Iowa, Illinois, Michigan, or Minnesota holding a valid operator's license and any additional endorsements required by the person's home jurisdiction for the operation of a school bus.
343.12(4)(b)
(b) The department shall, by rule, establish standards for the employment by an employer of a person under
par. (a) 3. as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in
sub. (2) or
(3) and any rules of the department applicable to residents, except that the rules shall require the person to meet the qualifications contained in
sub. (2) (dm) and
(em). The rules shall also require the employer to perform the actions specified in
s. 121.555 (3) (a) 1. and
3.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(b) The department may, by rule, establish standards for the employment by an employer of a person under par. (a) 3. as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in sub. (2) or (3) and any rules of the department applicable to residents.
Effective date note
NOTE: Par. (b) is shown below as affected by three acts of the 2003 Wisconsin legislature, eff. 9-30-05.
Effective date text
(b) The department shall, by rule, establish standards for the employment by an employer of a person under par. (a) as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in sub. (2), (2m), or (3) and any rules of the department applicable to residents, except that the rules shall require the person to meet the qualifications contained in sub. (2) (dm) and (em). The rules shall also require the employer to perform the actions specified in s. 121.555 (3) (a) 1. and 3.
343.12(5)(a)
(a) Fined not less than $200 nor more than $600 and may be imprisoned for not more than 6 months or both for the first such offense.
343.12(5)(b)
(b) Fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months for the 2nd offense occurring within 3 years.
343.12(5)(c)
(c) Fined not less than $1,000 nor more than $2,000 and imprisoned for not less than 10 days nor more than 6 months for the 3rd or subsequent offense occurring within 3 years.
Effective date note
NOTE: Sub. (5) is renumbered to sub. (9) eff. 2-1-05 by
2003 Wis. Act 280.
343.12(6)(a)(a) Notwithstanding
ss. 111.321,
111.322, and
111.335, prior to the initial issuance or renewal of a school bus endorsement, the department shall conduct a background investigation of the applicant. In conducting the background investigation, the department shall obtain from the records maintained by the department of justice a criminal history search of the applicant. If the applicant has not resided in this state at any time within the 2 years preceding the date of the search, the department shall make a good faith effort to obtain additional criminal history information from any state in which the applicant has resided during this time period or from any other applicable federal or state agency. The department shall record in the applicant's file specified in
s. 343.23 (2) (a) the date on which the background investigation was completed.
343.12(6)(b)
(b) The department may require an applicant for the initial issuance or renewal of a school bus endorsement to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
