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.
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:
Effective date text
(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. For each identification card applicant, the record shall include any application for an identification card received by the department, any reinstatement or cancellation of an identification card by the department, the information in all data fields printed on any identification card issued to the applicant, a record of the date on which any verification specified in s. 343.165 (1) and (3) was completed, and all documents required to be maintained under s. 343.165 (2) (a). The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years. Records under this paragraph shall be maintained in an electronic and transferable format accessible for the purpose specified in par. (c) 1.
343.50(8)(b)
(b) The department may not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, a procurement organization as provided in
sub. (4m) (a), the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Except for photographs for which disclosure is authorized under
s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under
s. 49.22 (2m) by the department of children and families or a county child support agency under
s. 59.53 (5).
343.50 Note
NOTE: Par. (b) is shown as affected by 2 acts of the 2007 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
343.50(8)(c)1.1. Notwithstanding
par. (b) and
ss. 343.027,
343.14 (2j), and
343.237 (2), the department shall, upon request, provide to the driver licensing agencies of other jurisdictions any record maintained by the department of transportation under this subsection, including providing electronic access to any such record.
343.50(8)(c)2.
2. Notwithstanding
par. (b) and
s. 343.14 (2j), the department may, upon request, provide to the department of health services any applicant information maintained by the department of transportation and identified in
s. 343.14 (2), including providing electronic access to the information, for the sole purpose of verification by the department of health services of birth certificate information.
Effective date note
NOTE: Par. (c) is created 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.
343.50(10)
(10) Cancellation. The department shall cancel an identification card:
343.50(10)(a)
(a) Whenever the department determines that the card was issued upon an application which contains a false statement as to any material matter; or
343.50(10)(b)
(b) Whenever the department determines that an identification card has been altered and returned for cancellation under
s. 343.43 (2).
Effective date note
NOTE: Sub. (10) 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 to read:
Effective date text
(10) Cancellation. The department shall cancel an identification card under any of the following circumstances:
Effective date text
(a) Whenever the department determines that the card was issued upon an application which contains a false statement as to any material matter.
Effective date text
(b) Whenever the department determines that an identification card has been altered and returned for cancellation under s. 343.43 (2).
Effective date text
(c) Whenever the department receives information from a local, state, or federal government agency that the card holder no longer satisfies the requirements for issuance of a card under ss. 343.14 (2) (es) and 343.165 (1) (e). A card cancelled under this paragraph may not be reinstated under sub. (5) until these requirements are again satisfied.
343.50(11)
(11) Surrender of card upon cancellation. The department may order any person whose identification card has been canceled to surrender the card to the department. The department may take possession of any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
343.50(12)(a)
(a) Represent as valid any canceled, fictitious or fraudulently altered identification card;
343.50(12)(b)
(b) Sell or lend his or her identification card to any other person or knowingly permit the use thereof by another;
343.50(12)(c)
(c) Represent as one's own, any identification card not issued to him or her;
343.50(12)(d)
(d) Permit any unlawful use of an identification card issued to him or her;
343.50(12)(e)
(e) Reproduce by any means whatever an identification card; or
343.50(13)
(13) Penalty. Any person who fails to comply with an order under
sub. (11) or who violates
sub. (12) may be required to forfeit not more than $1,000.
343.50 History
History: 1977 c. 360,
447;
1979 c. 226,
306;
1981 c. 20 s.
1848r;
1985 a. 29,
98;
1987 a. 27,
304;
1989 a. 105,
294,
298;
1991 a. 86,
269;
1995 a. 446;
1997 a. 27,
119,
191;
1999 a. 9,
32,
80,
85,
88,
186;
2001 a. 93;
2003 a. 33;
2005 a. 126;
2007 a. 20 ss.
3374 to
3390,
9121 (6) (a);
2007 a. 106; s. 13.92 (2) (i).
343.51
343.51
Special identification cards for physically disabled. 343.51(1)(1) Any person who qualifies for registration plates of a special design under
s. 341.14 (1),
(1a),
(1m) or
(1q) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under
s. 346.50 (2),
(2a) and
(3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a public health nurse certified or licensed to practice in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, public health nurse, physician assistant, podiatrist, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.
343.51(1m)(a)(a) The form for application for a special identification card under
sub. (1) shall include the information required under
s. 85.103 (2) and shall advise the applicant of the requirement under
par. (b).
343.51(1m)(b)
(b) If the department issues to a person a special identification card under
sub. (1), the person shall retain, for the period during which the special identification card is valid, any statement specified in
sub. (1) submitted by the person to the department in support of the application. Any time that a special identification card issued under
sub. (1) is displayed on a vehicle, the person issued the special identification card shall carry on the person or in the vehicle a copy of this statement and shall, upon request by any traffic officer, produce the statement for inspection.
343.51(2)(a)(a) Subject to
sub. (2m), the department shall prescribe the form and size of identification cards issued under this section and shall promulgate rules regarding the issuance and use of the cards. The identification cards shall be designed and displayed so as to enable law enforcement officers to determine that the vehicle, when parked, is entitled to parking privileges under
s. 346.50 (2),
(2a) and
(3), but shall not be unnecessarily conspicuous when the vehicle is operated. Except as provided in
par. (b), special identification cards shall be valid for 4 years.
343.51(2)(b)
(b) The department shall issue special identification cards which are valid for limited periods of time if the statement required by
sub. (1) indicates that the applicant's disability is temporary.
343.51(2)(c)
(c) 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 application shall include all of the information required for issuance of a special identification card under
sub. (1). The fee for a renewal identification card shall be the fee established by the department under
sub. (1). Except as provided in
par. (b), each card shall be valid for 4 years.
343.51(2m)(a)(a) The department may issue only one special identification card under this section to an applicant unless the applicant requests in the application, or subsequently in writing, a 2nd card.
343.51(2m)(b)
(b) The department shall provide by rule for the issuance of special identification cards to replace special identification cards that have been lost or destroyed.
