343.13 Cross-reference
Cross Reference: See also ch.
Trans 112, Wis. adm. code.
343.135
343.135
Special restricted operator's license. 343.135(1)(a)(a) Except as provided in
par. (b), upon application therefor, the department shall issue a special restricted operator's license to any person who meets the following requirements:
343.135(1)(a)1.
1. Is at least 14 years of age and is physically disabled or is at least 16 years of age.
343.135(1)(a)2.
2. Does not possess a valid operator's license issued under this chapter.
343.135(1)(a)4.
4. Has passed an examination which includes a test of the applicant's eyesight, ability to read and understand highway signs regulating, warning and directing traffic, knowledge of the traffic laws and an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the vehicle for which the special restricted license is to be issued. An applicant shall furnish the motor vehicle he or she will be operating for use in testing his or her ability to operate the vehicle. The department may waive the demonstration of ability to exercise ordinary and reasonable control in the operation of a moped or motor bicycle as provided in
s. 343.16 (2) (d).
343.135(1)(b)
(b) The department may not issue a special restricted license to a person whose operating privilege is suspended or revoked.
343.135(2)(a)(a) A special restricted operator's license may be issued only for the specific vehicle or type of vehicle described on the license. A license under this paragraph may not be issued to authorize operation of a commercial motor vehicle or a school bus. A special restricted operator's license may be issued only for the following vehicles:
343.135(2)(a)2.
2. Specially designed vehicles having a maximum speed of 35 miles per hour which the department authorizes to be operated on the highway.
343.135(2)(b)
(b) If a special restricted operator's license is issued for operation of a vehicle described in
par. (a) 2., the vehicle may be operated only by the following persons:
343.135(2)(b)2.
2. A person licensed under this chapter who operates the vehicle for the limited purposes of repairing or testing the vehicle.
343.135(3)
(3) Design of license. The special restricted license shall be of the same size and general design of the operator's license, except that it shall bear the words "SPECIAL RESTRICTED LICENSE". The information on the license shall be the same as specified under
s. 343.17 (3) and the holder may affix a decal thereto as provided in
s. 343.175 (3). All restrictions imposed under
sub. (6) shall be listed on the license or on an attachment thereto.
343.135(4)
(4) Physical requirements. The department may set such physical standards as it deems necessary for eligibility for licensing under this section. The standards shall include a vision standard.
343.135(5)
(5) Examination. The department may require an applicant to submit to a medical examination to determine whether the applicant meets the standards set under
sub. (4). The applicant shall pay the cost of any such examination.
343.135(6)
(6) Restrictions. The department may impose such restrictions as it deems necessary on any license issued under this section. Such restrictions may include, but are not limited to, the type of vehicle, special equipment, time of day of operation, and specific geographic areas and streets or routes of travel. A vehicle operated under this section shall display a slow moving vehicle emblem as required under
s. 347.245.
343.135(7)
(7) Expiration; renewal. A special restricted operator's license issued under this section shall expire 2 years after the date of issuance. Within 90 days prior to the expiration of a license, the holder of the restricted license may renew the license by paying the required fee and passing the examination under
sub. (1) (a) 4.
343.135 Cross-reference
Cross Reference: See also ch.
Trans 112, Wis. adm. code.
343.14
343.14
Application for license. 343.14(1)
(1) Every application to the department for a license or identification card or for renewal thereof shall be made upon the appropriate form furnished by the department and shall be accompanied by the required fee.
343.14(2)
(2) The forms for application shall be determined by the department and shall include:
343.14(2)(a)
(a) The full name and residence address of the applicant;
343.14(2)(b)
(b) The applicant's date of birth, color of eyes, color of hair, sex, height, weight and race;
343.14(2)(bm)
(bm) Except as provided in
par. (br), the applicant's social security number.
343.14(2)(br)
(br) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license that is issued or renewed under
s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.
343.14(2)(c)
(c) A statement as to whether the applicant has heretofore been licensed as an operator of any motor vehicle and, if so, when and by what jurisdiction;
343.14(2)(d)
(d) Whether any previous license or operating privilege has ever been suspended or revoked or whether application has ever been refused and, if so, the date and place of such suspension, revocation or refusal;
343.14(2)(e)
(e) If the application is made by a person under 18 years of age, documentary proof that the applicant is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in
s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in
s. 115.001 (3g). For purposes of this paragraph, "documentary proof" means the signature and verification of an adult sponsor as provided in
s. 343.15 (1) or the applicant as provided in
s. 343.15 (4) (b);
343.14(2)(em)
(em) If the application is made by a male who is at least 18 years of age but less than 26 years of age, the form shall notify the applicant that, by submitting the application to the department, the applicant gives his consent to be registered, if required by federal law, with the selective service system and that he authorizes the department to forward information to the selective service system under
s. 343.234.
343.14(2)(f)
(f) Such further information as the department considers appropriate to identify the applicant, including biometric data, and such information as the department may reasonably require to enable it to determine whether the applicant is by law entitled to the license applied for;
343.14(2)(g)
(g) A question as to whether the applicant wishes to include his or her name as a donor of an anatomical gift in the record of potential donors maintained by the department. The form shall indicate the following:
343.14(2)(g)1.
1. The applicant is not required to respond to the question under this paragraph in order to obtain a license.
343.14(2)(g)2.
2. The purpose of maintaining the record of potential donors is to facilitate the determination of whether a person is a potential donor in the event of his or her death.
343.14(2)(g)3.
3. An affirmative response to the question under this paragraph does not in itself authorize an anatomical gift. To authorize an anatomical gift, an applicant shall comply with
s. 157.06 or
343.175 (2);
343.14(2)(h)
(h) A certification by the applicant that the motor vehicle in which the person takes the driving skills test is a representative vehicle of the vehicle group that the person operates or expects to operate; and
343.14(2)(i)
(i) A certification by the applicant for a commercial driver license that he or she either:
343.14(2)(i)1.
1. Meets all of the driver qualifications contained in either
49 CFR 391 or in an alternative federally approved driver qualification program established by the department by rule. The department may require the applicant to show the medical certificate of physical examination required by
49 CFR 391.43; or
343.14(2)(i)2.
2. Meets all of the driver qualifications for drivers in intrastate commerce as established by the department by rule and is applying for a commercial driver license valid only in this state for noninterstate operation.
343.14(2g)(a)(a) Notwithstanding
ss. 111.321,
111.322, and
111.335 and any other provision of law, in addition to the information required under
sub. (2), the application form for an "H" endorsement specified in
s. 343.17 (3) (d) 1m. shall include all of the information and statements required under
49 CFR 1572.5 (e), including all of the following:
343.14(2g)(a)2.
2. A statement that the individual signing the application meets all of the following requirements:
343.14(2g)(a)2.a.
a. The individual has not been convicted, or found not guilty by reason of insanity, of any disqualifying felony criminal offense described in
subd. 1. in any jurisdiction during the 7-year period preceding the date of the application.
343.14(2g)(a)2.b.
b. The individual has not been released from incarceration in any jurisdiction for committing any disqualifying felony criminal offense described in
subd. 1. within the 5-year period preceding the date of the application.
343.14(2g)(a)2.c.
c. The individual is not wanted or under indictment for any disqualifying felony criminal offense described in
subd. 1.
343.14(2g)(a)2.d.
d. The individual is a U.S. citizen who has not renounced that citizenship, or is lawfully admitted for permanent residence to the United States. If the applicant is lawfully admitted for permanent residence to the United States, the applicant shall provide the applicant's alien registration number issued by the federal department of homeland security.
343.14(2g)(a)3.
3. A statement that the individual signing the application has been informed that
s. 343.245 (2) (a) 1. and federal regulations under
49 CFR 1572.5 impose an ongoing obligation to disclose to the department within 24 hours if the individual is convicted, or found not guilty by reason of insanity, of any disqualifying felony criminal offense described in
subd. 1., or adjudicated as a mental defective or committed to a mental institution, while he or she holds an "H" endorsement specified in
s. 343.17 (3) (d) 1m.
343.14(2g)(a)4.
4. Notwithstanding
sub. (2) (br) and the provisions of any memorandum of understanding entered into under
s. 49.857 (2), the applicant's social security number.
343.14(2g)(b)
(b) Upon receiving a completed application form for an "H" endorsement specified in
s. 343.17 (3) (d) 1m., the department of transportation shall immediately forward the application to the federal transportation security administration of the federal department of homeland security. The department of transportation shall also inform the applicant that the applicant has a right to obtain a copy of the applicant's criminal history record by submitting a written request for that record to the federal transportation security administration.
343.14(2j)(a)(a) Subject to any exceptions provided for in a memorandum of understanding entered into under
s. 49.857 (2), the department shall deny an application for the issuance or renewal of a license if the applicant has not included his or her social security number in the application, or, if the applicant does not have a social security number, has not included a statement made or subscribed under oath or affirmation that the applicant does not have a social security number in the application.
343.14(2j)(b)
(b) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under
sub. (2) (bm) to any person except to the department of workforce development for the sole purpose of administering
s. 49.22.
343.14(2m)
(2m) The forms for application for a license or identification card or for renewal thereof shall include the information required under
s. 85.103 (2).
343.14(3)
(3) The department shall, as part of the application process, take a photograph of the applicant to comply with
s. 343.17 (3) (a) 2. Except where specifically exempted by statute or by rule of the department, no application may be processed without the photograph being taken. In the case of renewal licenses, the photograph shall be taken once every 8 years, and shall coincide with the appearance for examination which is required under
s. 343.16 (3). The department may make provision for issuance of a license without a photograph if the applicant is stationed outside the state in military service and in specific situations where the department deems such action appropriate.
343.14(4m)
(4m) The department shall develop designs for licenses and identification cards which are resistant to tampering and forgery no later than January 1, 1989. Licenses and identification cards issued on or after January 1, 1989, shall incorporate the designs required under this subsection.
343.14(5)
(5) No person may use a false or fictitious name or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in an application for any of the following:
343.14(6)
(6) The department shall disseminate information to applicants for a license relating to the anatomical donation opportunity available under
s. 343.175. The department shall maintain a record of applicants who respond in the affirmative to the question under
sub. (2) (g). In the event of the death of a person, at the request of a law enforcement officer or other appropriate person, as determined by the department, the department shall examine its record of potential donors and shall advise the law enforcement officer or other person as to whether a decedent is recorded as a potential donor.
343.14(7)
(7) A person may notify the department in writing at any time if he or she wishes to include his or her name in the record of potential donors maintained by the department. A donor who revokes his or her gift and who has requested that his or her name be included in the record shall request the department in writing to remove his or her name from the record.
343.14(9)
(9) Any person who violates
sub. (5) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
343.14 History
History: 1977 c. 29 s.
1654 (7) (a), (e);
1977 c. 124,
360,
447;
1979 c. 306;
1981 c. 20 s.
1848r;
1985 a. 227;
1987 a. 27;
1987 a. 403 s.
256;
1989 a. 105,
294,
298,
359;
1991 a. 269;
1993 a. 363;
1995 a. 113;
1997 a. 27,
119,
191;
1999 a. 9,
80,
88;
2001 a. 93;
2003 a. 33.
343.15
343.15
Application of persons under 18; liability of sponsors; release from liability; notification of juvenile violation. 343.15(1)(a)(a) Except as provided in
sub. (4), the application of any person under 18 years of age for a license shall be signed and verified by either of the applicant's parents, or a stepparent of the applicant or other adult sponsor, as defined by the department by rule. The application shall be signed and verified before a traffic officer, a duly authorized agent of the department or a person duly authorized to administer oaths.
343.15(1)(b)
(b) The adult sponsor under
par. (a) shall sign and verify on the application that the person under 18 years of age is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in
s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in
s. 115.001 (3g).
343.15(2)(b)
(b) Any negligence or willful misconduct of a person under the age of 18 years when operating a motor vehicle upon the highways is imputed to the parents where both have custody and either parent signed as sponsor, otherwise, it is imputed to the adult sponsor who signed the application for such person's license. The parents or the adult sponsor is jointly and severally liable with such operator for any damages caused by such negligent or willful misconduct.
343.15(3)
(3) Any adult who signed the application of a person under the age of 18 years for a license may thereafter file with the department a verified written request that the license of such minor be canceled. Within 10 days after the receipt of such request the department shall cancel the license. When the license has been so canceled, the adult who signed the application and the parents or guardian of such minor is relieved from the liability which otherwise would be imposed under
sub. (2) by reason of having signed such application, or being a parent or guardian, insofar as any negligence or willful misconduct on the part of the minor while operating a motor vehicle subsequent to the cancellation concerned.
343.15(4)(a)(a) The department may issue a license to a person who is under 18 years of age even though an adult sponsor has not signed the application for license if such person is in one of the classes specified in this paragraph or in a substantially similar class specified by the department by rule and if a certificate of insurance to the effect that such person is covered by a motor vehicle policy of liability insurance meeting the requirements of
s. 344.33 has been filed with the department. Such policy may be canceled or terminated only after notice as provided in
s. 344.34.
343.15(4)(a)2.
2. A person who does not reside with his or her parents and who is a full-time student or earning a living.
343.15(4)(a)3.
3. A person who is a ward of the state, county or court and who has been placed in a foster home or a treatment foster home or in the care of a religious welfare service.
343.15(4)(a)4.
4. A person who is married and whose spouse is under 18 years of age.
343.15(4)(b)
(b) A person who is not required to have an adult sponsor under
par. (a) shall sign and verify on the application that he or she is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in
s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in
s. 115.001 (3g).
343.15(5)
(5) When a citation for a moving traffic violation, under
chs. 341 to
349 or under a local ordinance in conformity therewith, is issued to or a notice of revocation under
s. 351.027 is sent to a person who is under 18 years of age and required to have a sponsor under this section, the issuing or filing agency shall, within 7 days, notify the person's sponsor or parents of the violation or notice. When the secretary suspends or revokes the operating privilege of a person who is under 18 years of age and who possesses a license and who is required to have a sponsor under this section or when the secretary receives notice that a court has suspended or revoked the operating privilege of such a person, the secretary shall, within 14 days after the suspension or revocation or receipt of the notice of suspension or revocation by the court, respectively, notify the person's sponsor or parents of the suspension or revocation.
343.15 Annotation
A Pierringer release of a minor did not bar the plaintiff's action under sub. (2) against a sponsor. Swanigan v. State Farm Insurance Co.
99 Wis. 2d 179,
299 N.W.2d 234 (1980).
343.15 Annotation
A Pierringer release of a minor barred an action for contribution by nonsettling defendants against a sponsor who was not joined in the action by the plaintiff. Jackson v. Ozaukee County,
111 Wis. 2d 462,
331 N.W.2d 338 (1983).
343.15 Annotation
Sub. (2) does not violate the constitutional guarantees of due process or equal protection. Mikaelian v. Woyak,
121 Wis. 2d 581,
360 N.W.2d 706 (Ct. App. 1984).
343.15 Annotation
Parent sponsors are liable under this section for punitive damages assessed against their child. Evidence of the sponsors' wealth is not admissible for purposes of assessing punitive damages against an underage driver. Franz v. Brennan,
150 Wis. 2d 1,
440 N.W.2d 562 (1989).
343.15 Annotation
The suspension of a minor's license does not relieve the sponsoring adult from liability if after suspension of the license the minor, while operating without a license, causes injury. Relief from liability can only be had by applying for cancelation of the license under sub. (3). Johnson v. Schlitt,
211 Wis. 2d 830,
565 N.W.2d 305 (Ct. App. 1997).
