343.18
343.18
License to be carried; verification of signature. 343.18(1)(1) Every licensee shall have his or her license document, including any special restrictions cards issued under
s. 343.10 (7) (d) or
343.17 (4), in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon demand from any judge, justice or traffic officer.
343.18(1m)
(1m) A person charged with violating
sub. (1) may not be convicted if he or she produces in court or in the office of the arresting officer a license theretofore issued to the licensee and valid at the time of his or her arrest.
343.18(2)
(2) For the purpose of verifying the signature on a license, any judge, justice or traffic officer may require the licensee to write the licensee's signature in the presence of such officer.
343.18(3)(a)(a) Except as provided in
par. (c), any person who violates
sub. (1) shall forfeit not more than $200.
343.18(3)(c)
(c) If the person is operating a commercial motor vehicle at the time of the violation, any person who violates
sub. (1) shall forfeit not less than $250 nor more than $2,500.
343.18 Annotation
There is a public interest in permitting police to request a motorist's license and to run a status check on the license. State v. Ellenbecker,
159 Wis. 2d 91,
464 N.W.2d 427 (Ct. App. 1990).
343.18 Annotation
Under Ellenbecker, it was reasonable for an officer who stopped a motorist whose vehicle and general appearance matched that of a criminal suspect to make a report of the incident, even if the officer had already decided that the driver was not the suspect. For that purpose, it was reasonable to ask for the motorist's name and identification. Once the motorist stated that he had no identification, there was a reasonable grounds for further detention. State v. Williams, 2002 WI App 306,
258 Wis. 2d 395,
655 N.W.2d 462.
343.19
343.19
Duplicate licenses or identification cards. 343.19(1)(1) If a license issued under this chapter or an identification card issued under
s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in
s. 343.17 (3) (a) 12. or
13. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in
s. 343.17 (3) (a) 12. or
13. no longer applies. If the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under
s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.
343.19(1m)
(1m) If a license issued under this chapter has been surrendered under
s. 343.265 and has not expired, the person to whom the license was issued may obtain a duplicate license upon furnishing to the department the applicable information under
sub. (1) and complying with the requirements for reissuance of a license after surrender provided under
s. 343.265 (2).
343.19(2)
(2) No person may knowingly make a false statement or fail to return the original license or identification card to the department upon finding it or fail to comply with any other requirement of this section relating to an application for any of the following:
343.19(4)
(4) Any person who violates
sub. (2) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
343.20
343.20
Expiration of licenses. 343.20(1)(a)(a) Except as otherwise expressly provided in this chapter, reinstated licenses, probationary licenses issued under
s. 343.085 and original licenses other than instruction permits shall expire 2 years from the date of the applicant's next birthday. Subject to
s. 343.125 (3), all other licenses and license endorsements shall expire 8 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under
s. 343.21 (1) (a),
(b) and
(d) shall be prorated accordingly.
343.20(1)(c)
(c) The department may, by rule, require any person who is issued an operator's license that is valid for a period of more than 2 years to demonstrate continuing qualifications to hold a license under this chapter at 2-year intervals. The rules may include, without limitation, requiring examination under
s. 343.16 (6) or requiring current medical certification under
s. 343.16 (5). The department rules shall require cancellation or suspension of the license for noncompliance and shall permit surrender of the operator's license under
s. 343.265.
343.20(1)(d)1.1. The department shall cancel an operator's license that is endorsed for the operation of school buses under
s. 343.12 (3), regardless of the license expiration date, if the licensee fails to provide proof to the department of an annual physical examination determining that the person meets the physical standards established under
s. 343.12 (2) (g). The licensee may elect to surrender the license under
s. 343.265 (1m).
343.20(1)(d)2.
2. The department shall cancel an operator's license that is endorsed for the operation of school buses under
s. 343.12, regardless of the license expiration date, upon receiving a record of conviction or of adjudication of delinquency or results of a criminal history search showing that the person has been convicted of, or adjudicated delinquent for, a crime or other offense specified under
s. 343.12 (7) or rules of the department promulgated under
s. 343.12 (7) and
(8) after issuance or renewal of the endorsement or at a time when, if known by the department, the conviction or adjudication would have prevented issuance or renewal of the endorsement.
Effective date note
NOTE: Par. (d) is shown as affected eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(d) The department shall cancel an operator's license that is endorsed for the operation of school buses under s. 343.12 (3), regardless of the license expiration date, if the licensee fails to provide proof to the department of an annual physical examination determining that the person meets the physical standards established under s. 343.12 (2) (g). The licensee may elect to surrender the license under s. 343.265 (1m).
343.20(1)(e)
(e) Upon payment in full of the fees required by
s. 343.21, the department shall issue to a qualified person an original operator's license that expires 3 years after the person's next birthday, but only if the person meets one of the following requirements:
343.20(1)(e)1.
1. The person is moving to this state, surrenders his or her valid commercial driver license issued by another state and makes application for a commercial driver license in this state.
343.20(1)(e)2.
2. The person is 21 years of age or older and moving to this state, has been licensed in another jurisdiction for at least 3 years and presently holds a valid license, other than an instruction permit, from another jurisdiction which has not expired for more than 6 months.
343.20(2)(a)(a) The department shall mail to the last-known address of a licensee at least 30 days prior to the expiration of the license a notice of the date upon which the license must be renewed.
343.20(2)(b)
(b) Notwithstanding
par. (a), at least 180 days prior to the expiration of an "H" endorsement specified in
s. 343.17 (3) (d) 1m., the department of transportation shall mail a notice to the last-known address of the licensee that the licensee is required to pass a security threat assessment screening by the federal transportation security administration of the federal department of homeland security as part of the application to renew the endorsement. The notice shall inform the licensee that the licensee may commence the federal security threat assessment screening at any time, but no later than 90 days before expiration of the endorsement.
343.20(2)(c)
(c) Failure to receive notice to renew a license or endorsement shall not be a defense to a charge of operating a motor vehicle without a valid operator's license or endorsement.
343.20(2m)
(2m) The department shall include with the notice that it mails under
sub. (2) information regarding the requirements of
s. 347.48 (4) and information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under
s. 343.175.
343.20(3)
(3) Any person who holds a valid license and who is unable to make a renewal application within the period declared by the department, due to serving with any branch of the armed services, may apply for a renewal of the license at any time during such service or within 6 months after the date of discharge from such services.
343.20(4)
(4) Any license issued under this chapter does not expire on the expiration date on the license if, on that expiration date, the licensee is on active duty in the U.S. armed forces and is absent from this state. Any license extended under this subsection expires 30 days after the licensee returns to this state or 90 days after the licensee is discharged from active duty, whichever is earlier. If a license is renewed after an extension under this subsection, the renewal period shall begin on the day after the expiration date on the license.
343.21(1)(1) The following fees, in addition to any driving skills test fee, shall be paid to the department for the issuance, renewal, upgrading and reinstatement of licenses, endorsements and instruction permits:
343.21(1)(a)
(a) For the initial issuance of a license authorizing only the operation of "Class D" motor vehicles, $18.
343.21(1)(am)
(am) For the renewal of a license authorizing only the operation of "Class D" motor vehicles, $24.
343.21(1)(b)
(b) For the initial issuance of authorization to operate "Class M" motor vehicles, $12 in addition to any other fees due.
343.21(1)(bg)
(bg) For the renewal of authorization to operate "Class M" motor vehicles, $8 in addition to any other fees due.
343.21(1)(c)
(c) For the initial issuance or renewal of authorization to operate school buses that are not commercial motor vehicles, $10.
Effective date note
NOTE: Par. (c) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(c) For the initial issuance of authorization to operate school buses that are not commercial motor vehicles, $5.
343.21(1)(d)
(d) For the initial issuance or renewal of authorization to operate "Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular license which only authorizes the operation of "Class D" motor vehicles, $64. This fee includes issuance of any "H", "N", "P", or "T" endorsements or "Class D" authorization applied for at the same time for which the applicant is qualified. An additional fee of $5 is required for the issuance or renewal of any "S" endorsement applied for or renewed at the same time for which the applicant is qualified.
Effective date note
NOTE: Par. (d) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(d) For the initial issuance or renewal of authorization to operate "Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular license which only authorizes the operation of "Class D" motor vehicles, $64. This fee includes issuance of any "H", "N", "P", "S" or "T" endorsements or "Class D" authorization applied for at the same time for which the applicant is qualified.
343.21(1)(e)
(e) For upgrading an existing commercial driver license to add an "H", "N", "P", or "T" endorsement, $5, or, to add an "S" endorsement, $10.
Effective date note
NOTE: Par. (e) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(e) For upgrading an existing commercial driver license to add an "H", "N", "P", "S" or "T" endorsement, $5.
343.21(1)(f)
(f) For upgrading an existing commercial driver license to add authorization to operate another class of commercial motor vehicles, $5.
343.21(1)(g)
(g) For removing a "K" restriction against operation of commercial motor vehicles in interstate commerce, the same fee as for a duplicate license.
343.21(1)(h)
(h) For removing an "L" restriction prohibiting operation of commercial motor vehicles equipped with air brakes, $5.
343.21(1)(im)
(im) For an instruction permit authorizing the operation of "Class M" vehicles, $22.
343.21(1)(ir)
(ir) For an instruction permit authorizing the operation of "Class D" vehicles, $25.
343.21(1)(j)
(j) For reinstatement of an operating privilege previously revoked or suspended, $50.
343.21(1)(jm)
(jm) For reinstatement of a previously disqualified authorization to operate a commercial motor vehicle, $50. This fee is not applicable to disqualifications under
s. 343.315 (2) (g).
343.21(1)(m)
(m) For reinstatement of a previously canceled license or endorsement, $50. This fee includes reinstatement of any classification or endorsement applied for at the same time for which the applicant is qualified.
343.21(1m)
(1m) In addition to the fee specified in
sub. (1) (am),
(b) or
(d), an applicant whose application for renewal of a license or authorization under
sub. (1) (am),
(b) or
(d) is filed after the date of expiration of the license or authorization shall pay to the department a late fee of $5.
343.21(2)(a)(a) In addition to the fees set under
sub. (1), any applicant whose application for a permit, license, upgrade or endorsement, taken together with the applicant's currently valid license, if any, requires the department to administer a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall pay to the department an examination fee of $20 for an examination in a commercial motor vehicle other than a school bus and $15 for an examination in any other vehicle. Payment of the examination fee entitles the applicant to not more than 3 tests of the applicant's ability to exercise reasonable control in the operation of a motor vehicle. If the applicant does not qualify for issuance of a license, upgraded license or endorsement in 3 such tests, then a 2nd examination fee in the same amount shall be paid, which payment entitles the applicant to not more than 3 additional tests.
343.21(2)(b)
(b) The operator shall pay to the department an examination fee of $15 for conducting the special examination requested under
s. 121.555 (2) (cm), except that if the examination is in a commercial motor vehicle other than a school bus the fee is $20. Payment of the examination fee entitles the person to not more than 3 tests of the person's ability to safely operate the vehicle proposed to be used under
s. 121.555 (1) (a). If the applicant does not pass the examination for safe operation of the vehicle in 3 such tests, then a 2nd examination fee in the same amount shall be paid, which payment entitles the person to not more than 3 additional tests.
343.22
343.22
Notice of change of address or name. 343.22(1)(1) Whenever any person, after applying for or receiving a license not containing a photograph under this chapter, moves from the address named in the application or in the license issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall within 10 days thereafter notify the department in writing of his or her old and new address and of the number of any license then held by the person. The holder of the license shall endorse the new address on his or her present license and need not apply for a duplicate.
343.22(2)
(2) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under
s. 343.50, moves from the address named in the application or in the license or identification card issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall, within 10 days thereafter, do one of the following:
343.22(2)(a)
(a) Apply for a duplicate license or identification card showing on the application the correct name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for duplicate.
343.22(2)(b)
(b) In lieu of applying for a duplicate license or identification card, notify the department in writing of his or her change of address. This paragraph does not apply to persons issued a commercial driver license or a license labeled "CDL-Occupational" as described in
s. 343.03 (3) (b) and
(e).
Effective date note
NOTE: Par. (b) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(b) In lieu of applying for a duplicate license or identification card, notify the department in writing of his or her change of address. This paragraph does not apply to persons issued a commercial driver license.
343.22(2m)
(2m) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under
s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under
sub. (2), no fee shall be charged under
s. 343.21 (1) (L) or
343.50 (7) for the duplicate license or identification card.
343.22(3)
(3) When the name of a licensee or identification card holder is changed, such person shall, within 10 days thereafter, apply for a duplicate license or identification card showing the correct name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for a duplicate. If the licensee holds more than one type of license under this chapter, the licensee shall return all such licenses to the department along with one application and fee for a duplicate license for which the licensee may be issued a duplicate of each such license.
343.22(4)
(4) Any person who fails to comply with any of the requirements of this section may be required to forfeit not more than $50.
343.23
343.23
Records to be kept by the department. 343.23(1)
(1) The department shall maintain a record of every application for license, permit or endorsement received by it and of every suspension, revocation and cancellation by the department and shall maintain suitable indexes containing:
Effective date note
NOTE: Sub. (1 ) (intro.) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(1) The department shall maintain a record of every application for license, permit, or endorsement received by it and of every suspension, revocation, cancellation, and disqualification by the department and shall maintain suitable indexes containing:
343.23(1)(a)
(a) All applications denied and on each thereof note the reason for such denial;
