343.24 History
History: 1975 c. 297 s.
9; Stats. 1975 s. 343.24;
1977 c. 29 s.
1654 (7) (e);
1979 c. 221,
331,
355;
1989 a. 105;
1991 a. 269;
1993 a. 16,
490;
1995 a. 113; Sup. Ct. Order No.
99-04, 228 Wis. 2d xxiii (2000);
1999 a. 88,
185;
2001 a. 16.
343.24 Cross-reference
Cross Reference: See also ch.
Trans 195, Wis. adm. code.
343.245
343.245
Duties of commercial motor vehicle drivers; employer responsibilities; penalties. 343.245(1)(a)
(a) "Employee" means any operator of a commercial motor vehicle who is either directly employed by or under lease to an employer, including a full-time, regularly employed driver, a volunteer driver, a casual, intermittent or occasional driver, a leased driver, and an independent, owner-operator contractor while in the course of operating a commercial motor vehicle.
343.245(1)(b)
(b) "Employer" means any person, including the state or a political subdivision thereof, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
343.245(2)(a)1.1. `To state.' A person, after applying for or receiving a commercial driver license issued by this state, who is convicted of violating in a motor vehicle any law of this state or local ordinance adopted in conformity therewith or a law enacted by a federally recognized American Indian tribe or band in this state which is in conformity with any law of this state, or the law of another jurisdiction, relating to motor vehicle traffic control, other than parking violations, shall notify the department of the conviction in the manner specified by the department within 30 days after the date of conviction. Notwithstanding any other provision of law, a person who holds an "H" endorsement specified in
s. 343.17 (3) (d) 1m. shall notify the department within 24 hours if the person is convicted, or found not guilty by reason of insanity, of any disqualifying felony criminal offense described in
s. 343.14 (2g) (a) 1., or adjudicated as a mental defective or committed to a mental institution.
343.245(2)(a)2.
2. `To employers.' An employee, after applying for or receiving a commercial driver license issued by this state, who is convicted of violating in a motor vehicle any law of this state or local ordinance adopted in conformity therewith or a law enacted by a federally recognized American Indian tribe or band in this state which is in conformity with any law of this state, or the law of another jurisdiction, relating to motor vehicle traffic control, other than parking violations, shall notify his or her current employer in writing of the conviction within 30 days after the date of conviction.
343.245(2)(b)
(b)
Notification of suspensions, revocations and cancellations. An employee whose commercial driver license is suspended, revoked or canceled by a state, or who loses the privilege to operate a commercial motor vehicle in any state for any period, including being disqualified from operating a commercial motor vehicle or subject to an out-of-service order, shall notify his or her current employer of that fact before the end of the first business day after the day on which the employee receives notice of the suspension, revocation, cancellation, disqualification or out-of-service order.
343.245(2)(c)
(c)
Notification of previous employment. An applicant for employment as a commercial motor vehicle driver shall provide, at the time of application, information on his or her employment history as a commercial motor vehicle driver as requested by the prospective employer, certified as true and complete by the applicant, including all of the following information for the 10 years preceding the date of application:
343.245(2)(c)1.
1. The names and addresses of any previous employers for which the applicant was a commercial motor vehicle driver.
343.245(3)(a)(a) Every employer shall request each applicant for employment as a commercial motor vehicle driver to provide the information specified in
sub. (2) (c), and no employer may employ as a commercial motor vehicle driver an applicant who refuses or otherwise fails to provide true and complete information.
343.245(3)(b)
(b) No employer may knowingly allow, permit or authorize an employee to operate a commercial motor vehicle during any period when the employee:
343.245(3)(b)1.
1. Has had his or her commercial driver license suspended, revoked or canceled by any state;
343.245(3)(b)4.
4. Has more than one operator's license, except during the 10-day period beginning on the date on which the employee is issued an operator's license; or
343.245(3)(b)5.
5. Does not possess a valid commercial driver license properly endorsed to permit operation of the vehicle.
343.245(3)(c)
(c) No employer may knowingly allow, permit, or authorize an employee to operate a commercial motor vehicle in violation of any federal, state, or local law, rule, or regulation relating to railroad crossings.
343.245(3m)(a)(a) The department shall establish by rule an employer notification program to permit an employer to register the name of an employee and be notified by the department whenever a conviction or suspension, revocation, cancellation, disqualification or out-of-service order is recorded on the operating record of the employee. An employer may withdraw an employee's name from the program at any time.
343.245(3m)(b)
(b) The department shall establish and collect reasonable fees from employers in the program sufficient to defray the costs of instituting and maintaining the program, including the registration and withdrawal of employees. The fee for each notification by the department to an employer under
par. (a) shall be $5.
343.245(4)(a)(a) Except as provided in
pars. (b) and
(c), any person who violates
sub. (2) or
(3) shall forfeit not more than $2,500.
343.245(4)(b)
(b) Any person who violates
sub. (3) (b) shall be fined not less than $2,500 nor more than $10,000 or imprisoned for not more than 90 days or both.
343.245 Cross-reference
Cross Reference: See also ch.
Trans 118, Wis. adm. code.
CANCELLATION, REVOCATION AND
SUSPENSION OF LICENSES
343.25
343.25
Cancellation of licenses. The secretary shall cancel a license:
343.25(1)
(1) Whenever the secretary determines that the license or endorsement was issued upon an application which contains a false statement as to any material matter; or
343.25(2)
(2) Within 10 days after receiving a written request from a person who signed the application of a person under 18 years of age, or a notice of cancellation or termination of insurance, as provided in
s. 343.15; or
343.25(3)
(3) When the license is held by a person under 18 years of age and the secretary receives satisfactory evidence of the death of the adult who signed the application for the license; or
343.25(4)
(4) When the person holding the license falls into one of the classes of persons to whom the law prohibits issuance of a license or a particular endorsement; or
343.25(5)
(5) Whenever the secretary determines that a person has secured a license or endorsement by hiring or permitting another to appear in the person's place to take an examination; or
343.25(6)
(6) Whenever the secretary determines that a license has been altered and returned for cancellation under
s. 343.43 (2); or
343.25(7)
(7) When a person who has been ordered to submit to an examination under
s. 343.16 or to appear for either group or individual counseling or examination under
s. 343.32 (2) fails or refuses to do so. Such cancellation shall continue until compliance with the order has been made or the order is rescinded.
343.26
343.26
License after cancellation. Any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and the required fee, the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in
s. 343.16.
343.26 History
History: 1977 c. 29 s.
1654 (7) (a), (c).
343.265
343.265
Voluntary surrender and reissuance after surrender. 343.265(1)(1) The department may accept the voluntary surrender of the operator's license of a person who has a mental or physical disability or disease or a medical condition which prevents or may prevent the person from exercising reasonable control over a motor vehicle if the person's operating privilege is not subject to suspension or revocation for any reason.
343.265(1m)
(1m) The department may accept the voluntary surrender of the operator's license of a person who no longer intends to exercise the privilege of operating a vehicle class or type authorized by that license, if the person's operating privilege is not subject to suspension or revocation for any reason. The department may issue a license under
sub. (2), omitting the authorizations to operate a vehicle class or type that the person has relinquished.
343.265(1r)
(1r) Notwithstanding
sub. (1), the department shall accept the voluntary surrender of an "H" endorsement specified in
s. 343.17 (3) (d) 1m. Upon accepting the surrender, the department shall immediately cancel the endorsement if the licensee is not eligible for the endorsement. Following cancellation under this subsection, the department shall take the actions required in
s. 343.125 (4) (a) and
(b). Upon accepting the surrender from a person to whom the department would not be prohibited from issuing an "H" endorsement, the department may remove that endorsement from the licensee's commercial driver license as a temporary surrender. The department may not issue an "H" endorsement to any person whose "H" endorsement is removed as a temporary surrender under this subsection unless the person applies for initial issuance of an "H" endorsement.
343.265(2)
(2) A person whose voluntary surrender of license under
sub. (1) or
(1m) has been accepted by the department may apply for a duplicate license under
s. 343.19, or, if the person's license has expired during the period of surrender, a renewal license, at any time. Upon receipt of the person's application and the applicable fee under
s. 343.21, the department shall issue or deny the license as provided in this subchapter. The department may require the person to submit to an examination under
s. 343.16 (5).
343.28
343.28
Courts to report convictions and forward licenses to the department. 343.28(1)
(1) Whenever a person is convicted of a moving traffic violation under
chs. 341 to
349 or under a local ordinance enacted under
ch. 349, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall, as provided in
s. 345.48, forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under
42 CFR 73, or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver. Whenever a person is convicted of exceeding a posted speed limit, the record of conviction forwarded to the department shall include the number of miles per hour in excess of the posted speed limit.
343.28(2)
(2) Whenever a person is convicted of any offense for which
s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred shall require the surrender to it of any license then held by such person. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in
s. 345.48, forward to the department the record of conviction and any surrendered licenses. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under
42 CFR 73, or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.
343.28(3)
(3) If a person is convicted of committing a violation as defined by
s. 343.30 (6) (a), the clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in
s. 345.48, forward to the department the record of conviction and any surrendered licenses.
343.28(4)
(4) Any person who fails to comply with any provision of this section relative to forwarding records of convictions to the department may be fined not more than $100 or imprisoned not more than 6 months or both.
343.30
343.30
Suspension and revocation by the courts. 343.30(1)(1) A court may suspend a person's operating privilege for any period not exceeding one year upon such person's conviction in such court of violating any of the state traffic laws or any local ordinance enacted under
ch. 349.
343.30(1g)(a)(a) Except as provided in
par. (b), a court may suspend a person's operating privilege for any period not exceeding 6 months upon the person's conviction for violating
s. 343.44 (1) (a),
(b) or
(d) or a local ordinance in conformity therewith.
343.30(1g)(b)
(b) A court shall revoke a person's operating privilege upon the person's conviction for violating
s. 343.44 (1) (a),
(b) or
(d) or a local ordinance in conformity therewith if the person has been convicted of 3 or more prior violations of
s. 343.44 (1) (a),
(b) or
(d), or similar violations under s.
343.44 (1), 1997 stats., or a local ordinance in conformity therewith, within the 5-year period preceding the violation. The revocation shall be for a period of 6 months, unless the court orders a period of revocation of less than 6 months and places its reasons for ordering the lesser period of revocation on the record.
343.30(1n)
(1n) A court shall suspend the operating privilege of a person for a period of 15 days upon the person's conviction by the court of exceeding the applicable speed limit as established by
s. 346.57 (4) (gm) or
(h), by 25 or more miles per hour. If the conviction makes the person subject to suspension under
s. 343.085 or
343.32, the court shall order the suspension of the person's operating privilege and notify the secretary of the order. Upon receiving the notice, the secretary shall act as authorized under
s. 343.32 or
343.085. Any suspension under this subsection shall date from the day the secretary acts on the order of suspension of the operating privilege.
343.30(1o)
(1o) Upon conviction of a person for violating
s. 346.072, the court shall suspend the violator's operating privilege as follows:
343.30(1o)(a)
(a) For a period of not less than 90 days nor more than one year, if the offense resulted in damage to the property of another but did not result in bodily harm to another.
343.30(1o)(b)
(b) For a period of not less than 180 days nor more than 2 years, if the offense resulted in bodily harm to another but did not result in the death of another.
343.30(1o)(c)
(c) For a period of 2 years, if the offense resulted in the death of another.
343.30(1p)
(1p) Notwithstanding
sub. (1), a court shall suspend the operating privilege of a person for 3 months upon the person's conviction by the court for violation of
s. 346.63 (2m) or a local ordinance in conformity with
s. 346.63 (2m). If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under
s. 346.63 (2m) or a local ordinance in conformity with
s. 346.63 (2m), the court shall suspend the operating privilege of the person for 6 months.
343.30(1q)(a)(a) If a person is convicted under
s. 346.63 (1) or a local ordinance in conformity therewith, the court shall proceed under this subsection. If a person is convicted under
s. 346.63 (2) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, the court shall proceed under
pars. (c) and
(d). If a person is referred by the department acting under
s. 343.16 (5) (a), the department shall proceed under
pars. (c) and
(d) without the order of the court.
343.30(1q)(b)1.
1. Except as provided in
subds. 3. and
4., the court shall revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under
s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under
s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.
343.30(1q)(b)2.
2. Except as provided in
subd. 3.,
4. or
4m., for the first conviction, the court shall revoke the person's operating privilege for not less than 6 months nor more than 9 months. The person is eligible for an occupational license under
s. 343.10 at any time.
343.30(1q)(b)3.
3. Except as provided in
subd. 4m., if the number of convictions under
ss. 940.09 (1) and
940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under
s. 343.307 (1) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 60 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under
s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under
par. (c).
343.30(1q)(b)4.
4. Except as provided in
subd. 4m., if the number of convictions under
ss. 940.09 (1) and
940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under
s. 343.307 (1), equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under
s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under
par. (c).
343.30(1q)(b)4m.
4m. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under
s. 346.63 (1) or a local ordinance in conformity with
s. 346.63 (1), the applicable minimum and maximum revocation periods under
subd. 2.,
3. or
4. for the conviction are doubled.
343.30(1q)(b)5.
5. The time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions.
343.30(1q)(c)1.1. Except as provided in
subd. 1. a. or
b., and except for a first violation of
s. 346.63 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in
s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the department of transportation of the assessment order. The court shall notify the person that noncompliance with assessment or the driver safety plan will result in revocation of the person's operating privilege until the person is in compliance. The assessment order shall:
343.30(1q)(c)1.a.
a. If the person is a resident, refer the person to an approved public treatment facility in the county in which the person resides. The facility named in the order may provide for assessment of the person in another approved public treatment facility. The order shall provide that if the person is temporarily residing in another state, the facility named in the order may refer the person to an appropriate treatment facility in that state for assessment and development of a driver safety plan for the person satisfying the requirements of that state.
343.30(1q)(c)1.b.
b. If the person is a nonresident, refer the person to an approved public treatment facility in this state. The order shall provide that the facility named in the order may refer the person to an appropriate treatment facility in the state in which the person resides for assessment and development of a driver safety plan for the person satisfying the requirements of that state.
343.30(1q)(c)1.c.
c. Require a person who is referred to a treatment facility in another state under
subd. 1. a. or
b. to furnish the department written verification of his or her compliance from the agency which administers the assessment and driver safety plan program. The person shall provide initial verification of compliance within 60 days after the date of his or her conviction. The requirement to furnish verification of compliance may be satisfied by receipt by the department of such verification from the agency which administers the assessment and driver safety plan program.
343.30(1q)(c)1m.
1m. The person may voluntarily submit to an assessment by an approved public treatment facility, as defined in
s. 51.45 (2) (c), and driver safety plan under this paragraph before the conviction. A prosecutor may not use that voluntary submission to justify a reduction in the charge made against the person. Upon notification of the person's submission to the voluntary assessment and driver safety plan, the court may take that voluntary submission into account when determining the person's sentence, and shall suspend the order to submit to assessment pending the person's completion of the voluntary assessment and driver safety plan.
343.30(1q)(c)2.
2. The department of health and family services shall establish standards for assessment procedures and the driver safety plan programs by rule. The department of health and family services shall establish by rule conflict of interest guidelines for providers.
343.30(1q)(c)3.
3. Prior to developing a plan which specifies treatment, the facility shall make a finding that treatment is necessary and appropriate services are available. The facility shall submit a report of the assessment and the driver safety plan within 14 days to the county department under
s. 51.42, the plan provider, the department of transportation and the person, except that upon request by the facility and the person, the county department may extend the period for assessment for not more than 20 additional workdays. The county department shall notify the department of transportation regarding any such extension.
343.30(1q)(d)
(d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under
s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol, controlled substances or controlled substance analogs, or attendance at a school under
s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under
s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and with treatment. The school under
s. 345.60 shall notify the department, the county department under
s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of any noncompliance, other than for nonpayment of the assessment fee or driver safety plan fee, it shall revoke the person's operating privilege until the county department under
s. 51.42 or the school under
s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. If the department is notified that a person has not paid the assessment fee, or that a person with the ability to pay has not paid the driver safety plan fee, the department shall suspend the person's operating privilege for a period of 2 years or until it receives notice that the person has paid the fee, whichever occurs first. The department shall notify the person of the suspension or revocation, the reason for the suspension or revocation and the person's right to a review. A person may request a review of a revocation based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.
343.30(1q)(e)
(e) Notwithstanding
par. (c), if the court finds that the person is already covered by an assessment or is participating in a driver safety plan or has had evidence presented to it by a county department under
s. 51.42 that the person has recently completed assessment, a driver safety plan or both, the court is not required to make an order under
par. (c). This paragraph does not prohibit the court from making an order under
par. (c), if it deems such an order advisable.
