343.435(2)
(2) Any person violating this section may be required to forfeit not less than $20 nor more than $100.
343.435(3)
(3) This section does not apply to the action by a state, county, city, village or town of requiring or accepting a license or permit when such action is authorized by some other provision of law.
343.435 History
History: 1983 a. 355.
343.44
343.44
Operating while suspended, revoked, ordered out-of-service or disqualified. 343.44(1)(a)(a)
Operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. A person's knowledge that his or her operating privilege is suspended is not an element of the offense under this paragraph. In this paragraph, "restriction on an occupational license" means restrictions imposed under
s. 343.10 (5) (a) 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.
343.44(1)(am)
(am)
Knowingly operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state may knowingly operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. In this paragraph, "restriction on an occupational license" means restrictions imposed under
s. 343.10 (5) (a) 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.
343.44(1)(b)
(b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. In this paragraph, "restriction on an occupational license" means restrictions imposed under
s. 343.10 (5) (a) 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.
343.44(1)(c)
(c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while the person or the commercial motor vehicle is ordered out-of-service under state or federal law.
343.44(1)(d)
(d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under
s. 343.315 or
49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to
49 CFR 383.51, or under a determination by the federal motor carrier safety administration under the federal rules of practice for motor carrier safety contained in
49 CFR 386 that the person is no longer qualified to operate a vehicle under
49 CFR 391.
343.44(1g)
(1g) Reinstatement required. Notwithstanding any specified term of suspension, revocation, cancellation or disqualification, the period of any suspension, revocation, cancellation or disqualification of an operator's license issued under this chapter or of an operating privilege continues until the operator's license or operating privilege is reinstated.
343.44(2)(a)(a) Any person who violates
sub. (1) (a) or a local ordinance in conformity therewith shall be required to forfeit not less than $50 nor more than $200.
343.44(2)(am)
(am) Any person who violates
sub. (1) (b) before May 1, 2002, may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation of
sub. (1) (b), or of operating a motor vehicle in violation of s.
343.44 (1), 1997 stats., with an operating privilege that is revoked, within the preceding 5-year period, the penalty under
par. (b) shall apply.
343.44(2)(as)
(as) Any person who violates
sub. (1) (b) after July 27, 2005, shall forfeit not more than $2,500, except that, if the person has been convicted of a previous violation of
sub. (1) (b) within the preceding 5-year period or if the revocation identified under
sub. (1) (b) resulted from an offense that may be counted under
s. 343.307 (2), the penalty under
par. (b) shall apply.
343.44(2)(b)
(b) Except as provided in
pars. (am) and
(as), any person who violates
sub. (1) (b) or
(d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:
343.44(2)(b)1.
1. The aggravating and mitigating circumstances in the matter, using the guidelines described in
par. (d).
343.44(2)(b)3.
3. The number of prior convictions of the person for violations of this section within the 5 years preceding the person's arrest.
343.44(2)(b)4.
4. The reason that the person's operating privilege was revoked, or the person was disqualified or ordered out of service, including whether the person's operating privilege was revoked for an offense that may be counted under
s. 343.307 (2).
343.44(2)(b)5.
5. Any convictions for moving violations arising out of the incident or occurrence giving rise to sentencing under this section.
343.44(2)(bm)
(bm) Any person who violates
sub. (1) (c) shall be fined not less than $1,100 nor more than $2,750 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, the court shall review the record and consider the factors specified in
par. (b) 1. to
5.
343.44(2)(c)
(c) In addition to other penalties for violation of this section, if a person violates this section while his or her operating privilege is revoked as provided in
ch. 351, the penalties may be enhanced by imprisonment and additional fines as provided in
s. 351.08. For the purpose of enforcing this paragraph, in any case in which the accused is charged with operating a motor vehicle while his or her operator's license, permit or privilege to operate is suspended or revoked or is charged with operating without a valid operator's license, the court, before hearing the charge, shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender and therefore barred from operating a motor vehicle on the highways of this state.
343.44(2)(d)
(d) The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under
SCR 70.34, for the consideration of aggravating and mitigating factors. Such guidelines shall treat operators of commercial motor vehicles at least as stringently as operators of other classes of motor vehicles.
343.44(2)(e)
(e) Any person who, in the course of a violation of
sub. (1) (am) or
(b) or a local ordinance in conformity therewith, causes damage to the property of another shall be required to forfeit $1,000.
343.44(2)(f)
(f) Any person who, in the course of a violation of
sub. (1) (am) or
(b) or a local ordinance in conformity therewith, causes injury to another person shall be required to forfeit $5,000.
343.44(2)(g)
(g) Any person who, in the course of a violation of
sub. (1) (am) or
(b) or a local ordinance in conformity therewith, causes great bodily harm to another person is guilty of a Class A misdemeanor.
343.44(2)(h)
(h) Any person who, in the course of a violation of
sub. (1) (am) or
(b) or a local ordinance in conformity therewith, causes the death of another person is guilty of a Class A misdemeanor.
343.44(2p)
(2p) Sentencing option. The legislature intends that courts use the sentencing option under
s. 973.03 (4) whenever appropriate for persons subject to
sub. (2) to provide cost savings for the state and for local governments. This option shall not be used if the suspension or revocation was for one of the following:
343.44(2r)
(2r) Prior convictions. For purposes of determining prior convictions under this section, the 5-year period shall be measured from the dates of the violations that resulted in the convictions and each conviction under
sub. (2) shall be counted. Convictions of s.
343.44 (1), 1997 stats., other than for operating a commercial motor vehicle while ordered out-of-service shall be counted under this section as prior convictions.
343.44(2s)
(2s) Citations. Within 30 days after receipt by the department of a report from a law enforcement officer under
s. 343.305 (7) or a court order under
s. 343.28 of a violation committed by a person operating a commercial motor vehicle while subject to an out-of-service order under
s. 343.305 (7) (b) or
(9) (am), a traffic officer employed under
s. 110.07 may prepare a uniform traffic citation under
s. 345.11 for a violation of
sub. (1) (c) or
(d) and serve it on the person. The citation may be served anywhere in this state and shall be served by delivering a copy to the person personally or by leaving a copy at the person's usual place of abode with a person of discretion residing therein or by mailing a copy to the person's last-known residence address. The venue for prosecution may be the county where the alleged offense occurred or in the person's county of residence.
343.44(3)
(3) Failure to receive notice. Refusal to accept or failure to receive an order of revocation, suspension or disqualification mailed by 1st class mail to such person's last-known address shall not be a defense to the charge of driving after revocation, suspension or disqualification. If the person has changed his or her address and fails to notify the department as required in
s. 343.22 then failure to receive notice of revocation, suspension or disqualification shall not be a defense to the charge of driving after revocation, suspension or disqualification.
343.44(4)
(4) Impoundment. In addition to other penalties for violation of this section, if a person has violated this section with respect to a motor vehicle which he or she is the owner, the court may order the vehicle impounded. The court may determine the manner and period of impoundment. The cost of keeping the vehicle constitutes a lien on the vehicle.
343.44(4r)
(4r) Violation of out-of-service order. In addition to other penalties for violation of this section, if a person has violated this section after he or she was ordered out-of-service under state or federal law, the violation shall result in disqualification under
s. 343.315 (2) (h) or
(i).
343.44(5)
(5) Vehicle impoundment; lessors and secured creditors. If a motor vehicle impounded under
sub. (4) is subject to a security agreement or lease contract, the vehicle shall be released by the court to the lessor or secured creditor upon the filing of an affidavit by the lessor or secured creditor that the security agreement or lease contract is in default and shall be delivered to the lessor or secured creditor upon payment of the accrued cost of keeping the motor vehicle.
343.44 History
History: 1971 c. 164 s.
83;
1971 c. 280,
307;
1973 c. 90;
1977 c. 29 s.
1654 (7) (a);
1977 c. 165,
272;
1979 c. 221;
1981 c. 20;
1983 a. 535;
1989 a. 12,
105,
336;
1991 a. 39,
64,
189,
277;
1995 a. 113;
1997 a. 84;
1999 a. 9,
32,
143;
2003 a. 33;
2005 a. 25,
254,
412.
343.44 Annotation
A certified copy of the department order revoking the defendant's driver license was admissible under s. 889.18 (2). State v. Mullis,
81 Wis. 2d 454,
260 N.W.2d 696 (1978).
343.44 Annotation
The time between the violations underlying convictions, not the time between convictions, determines whether penalty enhancers apply. State v. Walczak,
157 Wis. 2d 661,
460 N.W.2d 797 (Ct. App. 1990).
343.44 Annotation
The general requirements for establishing prior criminal offenses in s. 973.12 are not applicable to the penalty enhancement provisions for offenses under sub. (2). The convictions must be established by defendant's admission, copies of prior judgments, or a teletype of the DOT driving record. State v. Spaeth,
206 Wis. 2d 135,
556 N.W.2d 728 (1996),
95-1827.
343.44 Annotation
A circuit court may not determine the validity of a prior conviction during an enhanced sentencing proceeding predicated on the prior conviction unless the offender alleges that a violation of the right to a lawyer occurred in the prior conviction. The offender may use whatever means are available to challenge the other conviction in another forum, and if successful, seek to reopen the enhanced sentence. State v. Hahn, 2000 WI 118,
238 Wis. 2d 889,
618 N.W.2d 528,
99-0554.
343.44 Annotation
A person has a privilege, but not a right, to drive a motor vehicle upon a public highway. To exercise that privilege, the person must satisfy the licensing requirements of the state. Failing that, the person may be properly prosecuted and convicted of operating after suspension of his or her operating privileges. County of Fond du Lac v. Kevin C. Derksen, 2002 WI App 160,
256 Wis. 2d 490,
647 N.W.2d 922,
01-2870.
343.44 Annotation
Section 351.08 authorizes enhancements to penalties under 343.44; it does not create a separate substantive offense.
75 Atty. Gen. 106.
343.45
343.45
Permitting unauthorized person to drive. 343.45(1)(1) No person shall cause or knowingly permit the person's child or ward under 18 years of age to operate a motor vehicle upon any highway in violation of this chapter or when such minor is not authorized under this chapter to operate a motor vehicle.
343.45(2)
(2) No person shall authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be operated upon any highway in violation of this chapter or by a person who is not authorized under this chapter to operate a motor vehicle. No dealer as defined in
s. 340.01 (11) (intro.) but including the persons specified in
s. 340.01 (11) (a),
(b),
(c) and
(d), shall permit any person to operate any motor vehicle owned by the dealer or in the dealer's possession or control on a trial run unless the dealer has been shown the person's valid operator's license, issued by this state or other jurisdiction, before permitting the trial run.
343.45(3)
(3) Except as another penalty is provided by
s. 343.245 (4) (b), any person violating this section may be required to forfeit not more than $100.
343.45 History
History: 1971 c. 278;
1989 a. 105,
359.
343.45 Annotation
A parent's unrestricted entrustment of a motorcycle to minor child in violation of this section constituted negligence per se. Kempf v. Boehrig,
95 Wis. 2d 435,
290 N.W.2d 563 (Ct. App. 1980).
343.46
343.46
Duty of persons renting vehicles to another. 343.46(1)(1) No person shall rent a motor vehicle, trailer or semitrailer to another unless the person who is to operate such rented vehicle is duly licensed under this chapter or, in the case of a nonresident, is duly licensed under the laws of the jurisdiction of the nonresident's residence.
343.46(2)
(2) No person shall rent a motor vehicle, trailer or semitrailer to another until that person has inspected the license of the person who is to operate the vehicle and has compared and verified the signature thereon with the signature of such person written in his or her presence.
343.46(3)
(3) Every person renting a motor vehicle, trailer or semitrailer to another shall keep a record of the registration number of the motor vehicle so rented or, in the case of a trailer or semitrailer, the registration number of the motor vehicle to which such trailer or semitrailer is to be attached, the name and address of the person who is to operate such rented vehicle, the number of the license of such person and the date when and place where such license was issued. Such record shall be open to inspection by any traffic officer or employee of the department.
343.46(4)
(4) Any person violating this section may be required to forfeit not more than $100.
IDENTIFICATION CARDS
343.50
343.50
Identification cards. 343.50(1)
(1)
Issuance. The department shall issue to every qualified applicant, who has paid all required fees, an identification card as provided in this section.
Effective date note
NOTE: Sub. (1) is affected 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 ss.
3375 and
3376 to read:
Effective date text
(1) Issuance. (a) Subject to par. (b) and s. 343.165, the department shall issue to every qualified applicant, who has paid all required fees, an identification card as provided in this section.
Effective date text
(b) The department may not issue an identification card to a person previously issued an operator's license in another jurisdiction unless the person surrenders to the department any valid operator's license possessed by the person issued by another jurisdiction, which surrender operates as a cancellation of the license insofar as the person's privilege to operate a motor vehicle in this state is concerned. Within 30 days following issuance of the identification card under this section, the department shall destroy any operator's license surrendered under this paragraph and report to the jurisdiction that issued the surrendered operator's license that the license has been destroyed and the person has been issued an identification card in this state.
Effective date text
(c) The department may issue a receipt to any applicant for an identification card, which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 30 days.
343.50(2)
(2) Who may apply. Any resident of this state who does not possess a valid operator's license which contains the resident's photograph issued under this chapter may apply to the department for an identification card pursuant to this section. The card is not a license for purposes of this chapter and is to be used for identification purposes only.
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) Who may apply. Any resident of this state who does not possess a valid operator's license issued under this chapter may apply to the department for an identification card pursuant to this section. The card is not a license for purposes of this chapter and is to be used for identification purposes only.
343.50(3)
(3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under
s. 343.17 (3). The card may serve as a record of gift under
s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in
s. 343.175 (3). The card may also serve as a record of refusal under
s. 157.06 (2) (u). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under
s. 343.17 (3) (a) 12.
Effective date note
NOTE: Sub. (3) 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 and is merged with the treatment by
2007 Wis. Act 106 by the legislative reference bureau under s. 13.92 (2) (i) to read:
Effective date text
(3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY." The information on the card shall be the same as specified under s. 343.17 (3). If the issuance of the card requires the applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall display, on the front side of the card, a legend identifying the card as temporary. The card shall contain physical security features consistent with any requirement under federal law. The card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.
343.50(4)
(4) Application. The application for an identification card shall include any information required under
ss. 85.103 (2) and
343.14 (2) (a),
(b),
(bm),
(br),
(em), and
(er), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. The department shall, as part of the application process, take a photograph of the applicant to comply with
sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of
s. 343.14 (5) are punishable as provided in
s. 343.14 (9).
Effective date note
NOTE: Sub. (4) 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
(4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), (em), and (es), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. Except with respect to renewals described in s. 343.165 (4) (d), the department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with sub. (3). Except with respect to renewals described in s. 343.165 (4) (d), no application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).
343.50(4m)(a)(a) As part of every application for an identification card, 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 paragraph, the department shall promptly provide this information to the procurement organization.
343.50(4m)(b)
(b) In addition to the inquiry under
par. (a), 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
par. (a), 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
par. (a), the department shall request at that time that the applicant write on the identification card the information that is required to make an anatomical gift under
s. 157.06 (5) and affix a sticker thereto as provided in
s. 343.175 (3).
343.50(5)
(5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under
sub. (10) shall be $18. The card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under
s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under
s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance.
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 s.
3381 to read:
Effective date text
(5) Valid period; fees. (a) The fee for an original card, for renewal of a card, and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.
Effective date text
(b) Except as provided in par. (c) and s. 343.165 (4) (c), an original or reinstated card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, and a renewed card shall be valid for the succeeding period of 8 years from the card's last expiration date.
Effective date text
(c) Except as provided in s. 343.165 (4) (c) and as otherwise provided in this paragraph, an identification card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (es) shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under par. (b), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (es) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the period specified in par. (b) except that, if the card was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.
343.50(5m)
(5m) Federal security verification mandate fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under
sub. (10), a federal security verification mandate fee of $10 shall be paid to the department.
343.50(6)
(6) Renewal. At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application 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. The fee for a renewal identification card shall be $18, which card shall be valid for 8 years, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under
s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under
s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for 8 years.
Effective date note
NOTE: Sub. (6) 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
(6) Renewal notice. At least 30 days prior to the expiration of an identification card, the department shall mail a renewal application to the last-known address of the card holder. If the card was issued or last renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the notice shall inform the card holder of the requirement under s. 343.165 (4) (c). The department shall include with the application 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.
343.50(7)
(7) Duplicate. The fee for a duplicate card is $6.
343.50(8)(a)(a) The department shall maintain current records of all identification card holders under this section in the same manner as required under
s. 343.23 for operator's licenses.
