343.315 Note
NOTE: Par. (b) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
343.315(3)(bm)
(bm) Notwithstanding
pars. (a) and
(b) and the time periods for disqualification specified in
sub. (2), if a person is convicted in another jurisdiction of a disqualifying offense specified in
sub. (2) while the person is not licensed in or a resident of this state, that other jurisdiction disqualified the person from operating a commercial motor vehicle as a result of the conviction, and the period of disqualification in that other jurisdiction has expired, the department may not disqualify the person from operating a commercial motor vehicle as a result of the conviction.
343.315(3)(c)
(c) Nothing in this subsection exempts a person from reinstatement fees under
s. 343.21 or complying with applicable provisions of
s. 343.38.
343.315(3)(d)
(d) Disqualifications shall be effective from the date of conviction of the disqualifying offense.
343.315(4)
(4) Notification and commencement. The department shall send the notice of disqualification by 1st class mail to a person's last-known residence address. A period of disqualification ordered under this section commences on the date on which the notice is sent under this subsection. This subsection does not apply to disqualifications under
sub. (2) (g).
343.32
343.32
Other grounds for revocation or suspension of licenses; demerit points. 343.32(1)
(1) The secretary shall revoke a person's operating privilege whenever one or more of the following conditions exist:
343.32(1)(c)
(c) Notice has been received of the conviction of such person in another jurisdiction for an offense therein which, if committed in this state, would have required revocation of such person's operating privilege under this subsection.
343.32(1m)(a)(a) In this subsection, "another jurisdiction" means any state other than Wisconsin and includes the District of Columbia, the commonwealth of Puerto Rico and any territory or possession of the United States and any province of the Dominion of Canada.
343.32(1m)(b)
(b) The secretary may suspend a person's operating privilege for not less than 6 months nor more than 5 years whenever notice has been received of the conviction of such person under federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have permitted suspension of such person's operating privilege under
s. 961.50. The person is eligible for an occupational license under
s. 343.10 as follows:
343.32(1m)(b)2.
2. For a 2nd conviction within a 5-year period, after the first 60 days of the suspension period.
343.32(1m)(b)3.
3. For a 3rd or subsequent conviction within a 5-year period, after the first 90 days of the suspension period.
343.32(1m)(c)
(c) For purposes of counting the number of convictions under
par. (b), convictions of any violation of
ch. 961 shall be counted and given the effect specified under
par. (b). The 5-year period under this subsection shall be measured from the dates of the violations which resulted in the convictions.
343.32(1m)(d)
(d) If the person's license or operating privilege is currently suspended or revoked or the person does not currently possess a valid operator's license issued under this chapter, the suspension or revocation under this subsection is effective on the date on which the person is first eligible for issuance, renewal, or reinstatement of an operator's license under this chapter.
343.32(1s)
(1s) The secretary shall suspend the operating privilege of any person who has been convicted under state law or under a local ordinance which is in conformity therewith or under a law of a federally recognized American Indian tribe or band in this state which is in conformity with state law of altering the person's license, loaning the person's license to another or unlawfully or fraudulently using or permitting an unlawful or fraudulent use of a license.
343.32(2)(a)(a) The secretary may suspend a person's operating privilege if the person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under
ch. 349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in
chs. 341 to
348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law. For the purpose of determining when to suspend an operating privilege under this subsection, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may, subject to the limitations in this subsection, change such weighted scale as experience or the accident frequency in the state makes necessary or desirable.
343.32(2)(b)
(b) The scale adopted by the secretary shall assign, for each conviction, 3 demerit points for exceeding the lawful speed limit by 10 or less miles per hour, 4 demerit points for exceeding the lawful speed limit by more than 10 but less than 20 miles per hour or 6 demerit points for exceeding the lawful speed limit by 20 or more miles per hour. Except as provided in
s. 343.085 (5), the scale adopted by the secretary may not assign more demerit points for a subsequent conviction for exceeding the lawful speed limit than the number of demerit points specified for the conviction in this paragraph.
343.32(2)(bc)1.1. Except as provided in
subd. 2., the scale adopted by the secretary shall assess, for each conviction, twice the number of demerit points that are assessed for the same offense committed by the holder of a regular license, if the convicted person has been previously convicted of an offense for which demerit points are assessed and the person is one of the following:
343.32(2)(bc)1.b.
b. An unlicensed person who would hold a probationary license if licensed.
343.32(2)(bc)2.
2. The secretary may not increase under
subd. 1. the number of demerit points that are assessed for a violation of
ch. 347.
343.32(2)(bd)
(bd) The scale adopted by the secretary shall assess, for each conviction, 6 demerit points for a violation of
s. 346.44 or
346.62 (2m), except that convictions under
s. 346.44 and
346.62 (2m) arising out of the same incident or occurrence shall be counted as a single conviction.
343.32(2)(be)
(be) The scale adopted by the secretary shall assess, for each conviction, 2 demerit points for a violation of
s. 346.94 (22) (c) or
(d), except that convictions arising out of the same incident or occurrence shall be counted as a single conviction.
343.32(2)(bg)
(bg) The scale adopted by the secretary shall assign, for each conviction, 3 demerit points for operating a motor vehicle while disqualified, revoked, suspended or out-of-service under
s. 343.44 or a local ordinance in conformity therewith.
343.32(2)(bj)
(bj) The scale adopted by the secretary shall assess, for each conviction, 6 demerit points for a violation of
s. 346.63 (6), 4 demerit points for a violation of
s. 346.63 (2m), and 3 demerit points for a violation of
s. 346.63 (7) (a) 3. The scale adopted by the secretary shall not assess any demerit points for conviction of a violation of
s. 346.63 (5) or
(7) (a) 1. or
2.
343.32(2)(bm)1.1. The scale adopted by the secretary may not assess any demerit points for operating a motor vehicle without a valid operator's license in the operator's immediate possession in violation of
s. 343.18 (1).
343.32(2)(bm)2.
2. The scale adopted by the secretary may not assess more than 2 demerit points for operating a motor vehicle with a defective or improper speedometer in violation of
s. 347.41.
343.32(2)(br)
(br) The scale adopted by the secretary may not assess any demerit points for modifying the height of a vehicle in violation of
s. 347.455.
343.32(2)(c)1.1. Except as provided in
subd. 2., in order for the secretary to suspend an operating privilege under this subsection, the operator must have accumulated 12 demerit points in any 12-month period.
343.32(2)(c)2.
2. The secretary shall suspend, for a period of 6 months, the operating privilege of any person who holds a probationary license issued on or after September 1, 2000, and who has accumulated 12 demerit points in any 12-month period.
343.32(2)(d)
(d) When an operator accumulates more than 6 demerit points or has been involved in 2 or more accidents in a one-year period where the accident report indicates that the person may have been causally negligent, the secretary may require the operator to report to an examining station for driver improvement counseling, consisting of either group or individual counseling, reexamination or both.
343.32(2)(e)
(e) The secretary may require any person who has had his or her operating privilege suspended or revoked, whether the suspension or revocation is the result of action under this section or
s. 343.30, or conviction for an offense which requires mandatory revocation under
s. 343.31 to participate in driver improvement counseling, consisting of either group or individual counseling, reexamination or both.
343.32(2)(f)
(f) A reexamination required under
par. (d) or
(e) may consist of all or part of the tests specified in
s. 343.16 (2) (b), or any other special examination as required under
s. 343.16 (5). Upon conclusion of the counseling, interview and examination, the secretary shall take action as authorized at the conclusion of other examinations under
s. 343.16 (6) (a).
343.32(3)
(3) Except as provided in
sub. (1m), a revocation or suspension under this section may be for any period not exceeding one year unless a different period is specifically prescribed by law.
343.32(4)
(4) In adopting rules for weighing traffic convictions by their seriousness under
sub. (2), the secretary shall provide by rule for a reduction of up to 3 points if a person shows to the department satisfactory evidence of completion of a rider course approved by the secretary. This subsection applies only to demerit points relating to violations committed before completion of the rider course by a person while driving or operating a Type 1 motorcycle.
343.32(5)
(5) In adopting rules for weighing traffic convictions by their seriousness under
sub. (2), the secretary also may provide by rule for a reduction of points if a person shows to the department satisfactory evidence of completion of a course of instruction in traffic safety, defensive driving or similar course or driver improvement counseling approved by the secretary.
343.32(6)
(6) There shall be no minimum waiting period before issuance of an occupational license under
s. 343.10 to a person whose operating privilege has been suspended under
sub. (2) if the person is otherwise eligible for issuance of an occupational license.
343.32 History
History: 1971 c. 42,
278,
281;
1973 c. 90;
1977 c. 29 s.
1654 (7) (a), (c);
1977 c. 273;
1979 c. 221;
1981 c. 31,
216,
327;
1987 a. 24,
132;
1989 a. 22,
75,
105,
195,
359;
1991 a. 26,
32,
39,
189;
1993 a. 16,
314,
480;
1995 a. 113,
269,
338,
420,
448;
1997 a. 84,
135;
1999 a. 9,
185;
2005 a. 106,
317;
2009 a. 8,
103,
311.
343.32 Cross-reference
Cross-reference: See also ch.
Trans 101, Wis. adm. code.
343.325
343.325
Courts to report appeals; when appeal stays suspension, revocation or disqualification. 343.325(1)
(1) If a person files a notice of appeal from a conviction the clerk of the court in which such conviction occurred, or the judge of a court not having a clerk, shall:
343.325(1)(a)
(a) Promptly forward to the department a certificate stating that such appeal has been taken; and
343.325(1)(b)
(b) If the appeal is subsequently dropped, promptly certify such fact to the department; and
343.325(1)(c)
(c) Upon determination of the appeal by the appellate court, promptly certify such decision to the department.
343.325(2)
(2) Notwithstanding
ss. 343.31,
343.315 and
343.32 and except as otherwise provided in
sub. (4), the secretary shall not suspend or revoke a person's operating privilege or disqualify a person from operating a commercial motor vehicle on the basis of a conviction if the secretary receives from the court in which the conviction occurred a certificate stating that an appeal from the conviction has been taken. If the secretary receives such certificate after suspension or revocation of the operating privilege, the operating privilege shall be reinstated without requiring compliance with
s. 343.38. If the secretary receives the certificate after suspension of the operating privilege or disqualification, the operating privilege or authorization to operate a commercial motor vehicle shall be reinstated automatically.
343.325(3)
(3) Whenever suspension or revocation of an operating privilege or a disqualification has been withheld as provided in
sub. (2) and the department receives notice that the conviction in question has been affirmed on appeal or that the appeal has been dropped, the secretary shall suspend or revoke such operating privilege or disqualify the person from operating a commercial motor vehicle on the same basis as if the appeal had not been taken, but the period of suspension, revocation or disqualification shall run from the date of suspension, revocation or disqualification following the affirmance of the conviction or dropping of the appeal, less any time the operating privilege had been suspended or revoked or the authorization to operate a commercial motor vehicle had been disqualified prior to the receipt by the secretary of the certificate under
sub. (2).
343.325(3m)
(3m) Whenever the suspension or revocation of an operating privilege or a disqualification has been rescinded or withheld because of administrative action, an appeal, or a court order to reopen, stay or vacate a conviction, suspension, revocation or disqualification, and that suspension, revocation or disqualification is subsequently reimposed, the period of suspension, revocation or disqualification so reimposed shall be reduced by the period of suspension, revocation or disqualification previously served.
343.325(4)
(4) If a person whose suspension, revocation or disqualification was stayed pursuant to
sub. (2) is convicted of an offense for which revocation or disqualification is mandatory under
s. 343.31 or
343.315, during the pendency of the appeal of the original conviction, the secretary shall forthwith revoke such person's operating privilege or disqualify the person from operating a commercial motor vehicle on account of the latter conviction, notwithstanding the appeal of either or both convictions.
343.325(5)
(5) This section shall not prevent suspension or revocation of an operating privilege or a disqualification if there are grounds for suspension, revocation or disqualification other than the conviction in question.
343.325(6)(a)(a) If a court enters an order reopening, vacating or staying a conviction or a suspension or revocation of an operating privilege or a disqualification, the court shall promptly forward a copy of that order to the department.
343.325(6)(b)
(b) If there is subsequent court action affecting the order to reopen, vacate or stay, the court shall promptly notify the department of that action.
343.325(7)
(7) The department, upon receipt of an order under
sub. (6), shall proceed under this section as if an appeal had been taken.
343.325 History
History: 1971 c. 278;
1977 c. 29 s.
1654 (7) (a), (c);
1977 c. 273; Sup. Ct. Order, 146 Wis. 2d xiii (1988);
1989 a. 7,
72;
1995 a. 113.
343.33
343.33
Hearing on suspensions and revocations. 343.33(1)(1) Whenever the department under authority of
s. 343.32 or
343.34 revokes or suspends a person's operating privilege, the department shall immediately notify such person thereof in writing and upon his or her request shall afford him or her an opportunity for a hearing on the revocation or suspension unless the department is satisfied from the records and information in its possession that a hearing is not warranted. If the department is not so satisfied and the person requests a hearing, the department shall hold a hearing as soon as practicable and in any event within 20 days after receipt of the request therefor. If the person requesting the hearing is a resident of this state, the department shall fix the place of the hearing as close as practicable to the applicant's residence and in no event shall it be set for a place not in the county of the applicant's residence or a county contiguous thereto without the consent of the applicant. If the applicant is a nonresident, the department shall determine the place of the hearing. Any person who fails without cause to appear at the time and place specified in the notice served on him or her forfeits the right to a hearing.
343.33(2)
(2) Upon the hearing, the department or its hearing examiner may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. No law enforcement officer or other witness produced by the person who has requested a hearing to testify on his or her behalf shall be paid a witness fee by the department nor shall any law enforcement officer called to appear for the department be paid any witness fee. All testimony shall be taken and transcribed.
343.33(3)
(3) Upon completion of the hearing, the department shall make findings of fact and shall either let the order of suspension or revocation stand or, upon good cause appearing therefor, rescind the order or modify the period of suspension or revocation.
343.34
343.34
Suspension of licenses. The secretary may suspend operating privileges under this section under the following circumstances:
343.34(1)
(1) Whenever the secretary is satisfied that a person has violated a restriction on the license and that it is in the interests of public safety to suspend the license, the secretary shall suspend such license for a period not exceeding one year unless the violation is cause for revocation.
343.345
343.345
Restriction, limitation or suspension of operating privilege. The department shall restrict, limit or suspend a person's operating privilege if the person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857.
343.345 History
History: 1997 a. 191;
2007 a. 20.
343.35
343.35
Surrender of licenses upon cancellation, revocation or suspension. 343.35(1)
(1) The department may order any person whose operating privilege has been canceled, revoked or suspended to surrender his or her license or licenses to the department. The department may order any person who is in possession of a canceled, revoked or suspended license of another to surrender the license to the department.
343.35(2)
(2) Any person who fails to surrender a license as required by this section may be required to forfeit not more than $100.
343.35(3)
(3) The secretary or an appointed agent may take possession of any license required to be surrendered to the department or may direct any traffic officer to take possession thereof and return it to the department.
343.36
343.36
Department to distribute suspension, revocation and disqualification lists and nonresidents' records of conviction. 343.36(2)
(2) Once each month, the department shall compile a list of the names and addresses of all residents of this state whose operating privileges were revoked or suspended or who were disqualified under
s. 343.315 during the preceding month and the periods of those revocations, suspensions and disqualifications and, upon request, shall forward the list to the sheriff of each county, to the chief of police or the constable, respectively, of each city, village and town and to all county traffic officers.
343.36(3)
(3) Upon receiving a record of conviction showing that a nonresident operator of a motor vehicle has been convicted in this state of an offense which is grounds for revocation, suspension or disqualification under the laws of this state, the department shall forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
343.37
343.37
No operation under foreign license during revocation or suspension. 343.37(1)
(1) An operator's license or permit issued by another jurisdiction does not authorize a resident of this state whose operating privilege has been revoked or suspended pursuant to the laws of this state to operate a motor vehicle in this state until that person has obtained a new license when and as provided in this chapter. This subsection applies to a resident of this state even though that person was a nonresident at the time that person's operating privilege was revoked or suspended.
343.37(2)
(2) Notwithstanding the privilege conferred on nonresidents by
s. 343.05 (4) (b) 1., a nonresident whose operating privilege has been revoked or suspended pursuant to the laws of this state is not authorized to operate a motor vehicle in this state under an operator's license or permit issued by another jurisdiction until the nonresident's operating privilege in this state has been reinstated pursuant to the laws of this state. This subsection applies to a nonresident even though the nonresident was a resident of this state at the time the nonresident's operating privilege was revoked or suspended. This section does not limit the operating privilege granted to nonresidents by
s. 343.05 (2) (a) 2.
343.37 History
History: 1989 a. 105,
359;
1991 a. 316.
343.38
343.38
Reinstatement after revocation, suspension, cancellation, or disqualification. 343.38(1)
(1)
Reinstatement after revocation. Except as provided in
ss. 343.10,
343.39, and
351.07, the department shall not reinstate the operating privilege of a person whose operating privilege has been duly revoked unless the period of revocation has expired and the person:
