343.165 History
History: 2007 a. 20.
343.165 Annotation
Who are you? Prove it! The Federal REAL ID Act and Its Fate in Wisconsin. Gary. Wis. Law. Aug. 2008.
343.17
343.17
Contents and issuance of operator's license. 343.17(1)(1)
License issuance. The department shall issue an operator's license and endorsements, as applied for, to every qualifying applicant who has paid the required fees.
Effective date note
NOTE: Sub. (1) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
(1) License issuance. Subject to s. 343.165, the department shall issue an operator's license and endorsements, as applied for, to every qualifying applicant who has paid the required fees.
343.17(2)
(2) License document. The license shall be a single document, in one-part, consisting of 2 sides, except as otherwise provided in
sub. (4) and
s. 343.10 (7) (d). The document shall be, to the maximum extent practicable, tamper proof.
Effective date note
NOTE: Sub. (2) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
(2) License document. The license shall be a single document, in one part, consisting of 2 sides, except as otherwise provided in sub. (4) and s. 343.10 (7) (d). The document shall be, to the maximum extent practicable, tamper proof and shall contain physical security features consistent with any requirement under federal law.
343.17(3)(a)(a) The front side of the license document shall include, without limitation, all of the following:
343.17(3)(a)1.
1. The full name, date of birth and residence address of the person.
Effective date note
NOTE: Subd. 1. is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
1. The full legal name, date of birth, and principal residence address of the person.
343.17(3)(a)3.
3. A physical description of the person, including sex, height, weight and hair and eye color, but excluding any mention of race.
343.17(3)(a)4.
4. A unique identifying driver number assigned by the department.
343.17(3)(a)5.
5. A facsimile of the person's signature, or a space upon which the licensee shall immediately write his or her usual signature with a pen and ink on receipt of the license, without which the license is not valid.
Effective date note
NOTE: Subd. 5. is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
5. The person's signature.
343.17(3)(a)6.
6. The classes of vehicles that the person is authorized to operate under
par. (c), together with any endorsements or restrictions.
343.17(3)(a)11.
11. If the license authorizes the operation of certain commercial motor vehicles, the legend "Commercial Driver License", a readily recognizable abbreviation thereof or "CDL".
343.17(3)(a)12.
12. If the person is not the legal drinking age, as defined in
s. 125.02 (8m), at the time of issuance of the license, a distinctive appearance specified by the department that clearly identifies to the public that the person was not the legal drinking age at the time of issuance of the license.
343.17(3)(a)13.
13. If the person is under 18 years of age at the time of issuance of the license, a distinctive appearance specified by the department that clearly identifies to the public that the person was under 18 years of age at the time of issuance of the license.
343.17(3)(b)
(b) The reverse side of the license shall contain an explanation of any restriction codes or endorsement abbreviations used on the front of the license, in sufficient detail to identify the nature of the restrictions or endorsements to a law enforcement officer of this state or another jurisdiction. Except for a commercial driver license, a part of the reverse side of each license shall be printed to serve as a record of gift under
s. 157.06 (2) (t) or a record of refusal under
s. 157.06 (2) (u).
343.17(3)(c)
(c) The classifications on operator's licenses shall be as follows:
343.17(3)(c)1.
1. Classification "A", which authorizes the operation of "Class A" vehicles as described in
s. 343.04 (1) (a). A driver who has passed the knowledge and driving skills tests for operating "Class A" vehicles shall receive a license authorizing the operation of "Class A", "Class B" and "Class C" vehicles if the person possesses any requisite endorsement.
343.17(3)(c)2.
2. Classification "B", which authorizes the operation of "Class B" vehicles as described in
s. 343.04 (1) (b). A driver who has passed the knowledge and driving skills tests for operating "Class B" vehicles shall receive a license authorizing the operation of "Class B" and "Class C" vehicles if the person possesses any requisite endorsement.
343.17(3)(c)3.
3. Classification "C", which authorizes the operation of "Class C" vehicles as described in
s. 343.04 (1) (c) if the person possesses any requisite endorsement.
343.17(3)(c)4.
4. Classification "D", which authorizes the operation of "Class D" vehicles as described in
s. 343.04 (1) (d) if the person possesses any requisite endorsement.
343.17(3)(c)5.
5. Classification "M", which authorizes the operation of Type 1 motorcycles.
343.17(3)(d)
(d) The endorsements on operator's licenses shall be as follows:
343.17(3)(d)1g.
1g. "F" endorsement, which authorizes a seasonal employee of a farm service industry employer who is eligible for a restricted commercial driver license under applicable federal law or regulation to operate "Class B" and "Class C" vehicles as described in
s. 343.04 (1) (b) and
(c) for a seasonal period not to exceed 180 days in any calendar year. This endorsement permits the transporting of liquid fertilizers in vehicles or implements of husbandry with total capacities of 3,000 gallons or less, solid fertilizers that are not transported with any organic substance or 1,000 gallons or less of diesel fuel, but no combination of these materials. The endorsement does not permit operation of a commercial motor vehicle beyond 150 miles of the farm service industry employer's place of business or, in the case of custom harvesters, the farm currently being served.
343.17(3)(d)1m.
1m. "H" endorsement, which authorizes the driver to operate vehicles transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under
42 CFR 73.
343.17(3)(d)2.
2. "N" endorsement, which authorizes operating tank vehicles.
343.17(3)(d)3.
3. "P" endorsement, which authorizes operating vehicles designed to carry, or actually carrying, 16 or more passengers including the driver, except this endorsement does not authorize the operation of school buses unless the licensee also holds an "S" endorsement.
343.17(3)(d)4.
4. "S" endorsement, which authorizes operating school buses.
343.17(3)(d)5.
5. "T" endorsement, which authorizes operating commercial motor vehicles with double or triple trailers where the operation of such combination vehicles is permitted.
343.17(3)(d)6.
6. "X" endorsement, which is an optional endorsement that may be used to indicate that the licensee holds both "H" and "N" endorsements. The department may not issue or renew an endorsement under this subdivision after November 1, 2003.
343.17(3)(e)
(e) The standard restriction codes used on commercial driver licenses include:
343.17(3)(e)1.
1. "K" restriction, which restricts a person issued a license under
s. 343.065 from operating commercial motor vehicles in interstate commerce.
343.17(3)(e)2.
2. "L" restriction, which prohibits a person from operating commercial motor vehicles equipped with air brakes, as required in
s. 343.13 (2).
343.17(4)(a)(a) When an operator's license is subject to lengthy special restrictions or other restrictions not described in the standard codes on the front side of the license, the department shall indicate on the license document that the license is subject to restrictions contained on one or more separate special restrictions cards.
343.17(4)(b)
(b) A separate special restrictions card shall describe the restrictions, bear the issuance date of the card, specify the identifying driver number of the license to which it applies, and indicate the number and order of special restrictions cards currently issued by the department to the person, in the manner "1 of 2".
343.17(5)
(5) No photos on temporary licenses. The temporary licenses issued under
ss. 343.10,
343.11 (1) and
(3),
343.16 (6) (b) and
343.305 (8) (a) shall be on forms provided by the department and shall contain the information required by
sub. (3), except the license is not required to include a photograph of the licensee.
Effective date note
NOTE: Sub. (5) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
(5) No photos on certain temporary licenses. The temporary licenses issued under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b) and 343.305 (8) (a) shall be on forms provided by the department and shall contain the information required by sub. (3), except the license is not required to include a photograph of the licensee. This subsection does not apply to a noncitizen temporary license, as described in s. 343.03 (3m).
343.17(6)
(6) Rules. Subject to
subs. (2) and
(3), the department shall promulgate rules setting the design and specifications for the license document and subsequent changes thereto.
343.175
343.175
Organ donor information. 343.175(1)
(1)
Department to solicit and record information. As part of every application for an original, duplicate, reinstated, reissued or renewal license or endorsement, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person. If a procurement organization, as defined in
s. 157.06 (2) (p), reasonably identifies a person and requests the information recorded in the person's file under this subsection, the department shall promptly provide this information to the procurement organization.
343.175(1r)
(1r) Department to provide information. In addition to the inquiry under
sub. (1), if the applicant is at least 15 and one-half years of age, the department shall orally state to the applicant that he or she has the opportunity to indicate his or her willingness to be an organ donor. If the applicant indicates that he or she is undecided in response to the inquiry under
sub. (1), the department shall provide the applicant with written information that all organ procurement organizations and the department have together developed. If the applicant makes an affirmative response to the inquiry under
sub. (1), the department shall request at that time that the applicant write on the license the information that is specified under
sub. (2) (ar) and affix a sticker, as described in
sub. (3), to the front side of the license document.
343.175(2)(ag)
(ag) The department shall print a separate document to be issued to all persons issued a commercial driver license and make provisions so that the document may be attached to the reverse side of the license document along one edge. This document shall serve as a record of gift under
s. 157.06 (2) (t) or a record of refusal under
s. 157.06 (2) (u).
343.175(2)(ar)
(ar) If the person desires to be an organ donor, he or she may so indicate in the space provided on the license. The donor may supply information in the space provided on the license, including the specific body parts or organs to be donated, the name of the donee, the purpose for which the gift is made and the physician whom the donor wishes to carry out the appropriate procedures. The anatomical gift described on the license shall be signed by the licensee.
343.175(2)(b)
(b) The licensee may revoke or amend his or her gift by crossing out the donor authorization in the space provided on the license or as otherwise prescribed in
s. 157.06. The licensee may refuse to make an anatomical gift by so indicating in the space provided on the license or as otherwise prescribed in
s. 157.06.
343.175(3)
(3) Organ donor sticker. The department shall designate a space on the front side of the license document where the licensee may affix a sticker which indicates that the licensee is a potential donor of body organs or parts for the purposes of transplantation, therapy, medical research or education. The sticker shall not be larger than one-half inch in diameter and shall not conceal any of the contents required by
s. 343.17 (3). The sticker shall be of a distinctive design and supplied to the donor by a nationally recognized organization that enlists donors of body organs or parts for the purposes of transplantation, therapy, medical research or education.
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,
02-0384.
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.
Effective date note
NOTE: Sub. (1) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
(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 full legal 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.
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.
Effective date note
NOTE: Par. (a) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
