343.16(1)(bm)3.b.
b. The department may retest a sample of drivers who were tested by the 3rd-party tester to compare the pass and fail results.
343.16(1)(bm)4.
4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department's license examiners to the extent established by the department as necessary to satisfactorily perform the knowledge, driving skills, and eyesight tests required by
par. (a) and
sub. (2) (b) and
(c) for authorization to operate "Class D" vehicles.
343.16(1)(bm)5.
5. The department shall take prompt and appropriate remedial action against the 3rd-party tester in the event that the tester fails to comply with department or federal standards for testing for operators' licenses to operate "Class D" vehicles or with any provision of the contract, including immediate termination of testing by the 3rd-party tester.
343.16(1)(c)
(c)
Driver education course. The department may, after consultation with the department of public instruction and the technical college system board, provide for administration of and certification of the results of the test of an applicant's knowledge of the traffic laws and ability to read and understand highway signs in conjunction with a course in driver education specified in this paragraph, by an instructor in that course. The test under this paragraph does not include that part of a driver's examination involving the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle required for the issuance of a license other than an instruction permit. The test under this paragraph may be administered and certified by an instructor in any of the following:
343.16(1)(c)1.
1. A course in driver education in public schools approved by the department of public instruction.
343.16(1)(c)2.
2. A course in driver education in technical colleges approved by the technical college system board.
343.16(1)(c)3.
3. A course in driver education in nonpublic and private schools or tribal schools, as defined in
s. 115.001 (15m), that meets the minimum standards set by the department of public instruction.
343.16(1)(d)
(d)
Foreign license reciprocity. The chief administrator of the division of motor vehicles may, with the appropriate official of another country or of a province or other subdivision of another country, enter into a reciprocal agreement under which this state and the other country, province or other subdivision agree to waive any knowledge test and driving skills test of an applicant for an operator's license to operate "Class D" vehicles, as described in
s. 343.04 (1) (d), or "Class M" vehicles, as described in
s. 343.04 (1) (e), or both, if the applicant possesses a valid license to operate those vehicles, other than an instructional permit, issued by this state or the other country, province or other subdivision. The chief administrator may enter into an agreement under this paragraph only if the criteria for any knowledge test and driving skills test required by the other country, province or other subdivision for those types of vehicles are at least as stringent as the requirements of this state. The agreement shall specify all of the following:
343.16(1)(d)1.
1. That the department will issue a regular license, as described in
s. 343.03 (3) (a), to any person moving to this state who has been licensed by the other country, province or other subdivision for at least 3 years, who presently holds a license to operate that type of vehicle, other than an instructional permit, from the other country, province or other subdivision and who is at least 21 years of age. Notwithstanding
s. 343.03 (3) (a), a regular license issued under this subdivision may be endorsed to permit operation of Type 1 motorcycles, but may not be endorsed to permit operation of school buses. The department shall issue a probationary license under
s. 343.085 to any other applicant who holds a valid operator's license issued by the other country, province or other subdivision.
343.16(1)(d)2.
2. That whenever the secretary has good cause to believe that an operator licensed under an agreement entered into under this paragraph is incompetent or otherwise not qualified to be licensed, the secretary may, upon written notice of at least 5 days to the licensee, require the licensee to submit to an examination including all or part of the tests specified in
par. (a). Upon the conclusion of such examination the secretary shall take such action as is appropriate under this chapter, including cancellation of the license or permitting the licensee to retain the license subject to such restrictions as the secretary may order or without restrictions.
343.16(1)(d)3.
3. That the other country, province or other subdivision will treat operators licensed by this state similarly to how this state will treat operators licensed by the other country, province or other subdivision.
343.16(2)(a)(a)
Rules. The department shall promulgate rules setting testing standards for commercial driver license applicants. The testing standards shall comply with
49 CFR 383.71 to
383.135.
343.16(2)(b)
(b)
Specific requirements. The standards developed by the department under
par. (c) shall provide that the examination for persons making their first application for an operator's license shall include a test of the applicant's eyesight, ability to read and understand highway signs regulating, warning and directing traffic, knowledge of the traffic laws, including
ss. 346.072 and
346.26, understanding of fuel-efficient driving habits and the relative costs and availability of other modes of transportation, knowledge of the need for anatomical gifts and the ability to make an anatomical gift through the use of a donor card issued under
s. 343.175 (2), and an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The test of knowledge of the traffic laws shall include questions on the provisions of
ss. 343.30 (1q),
343.303 to
343.31 and
346.63 to
346.655, relating to the operation of a motor vehicle and the consumption of alcohol beverages. The test of knowledge may also include questions on the social, medical and economic effects of alcohol and other drug abuse. The examination of applicants for authorization to operate `Class M' vehicles shall test an applicant's knowledge of Type 1 motorcycle safety, including proper eye protection to be worn during hours of darkness. The department may require persons changing their residence to this state from another jurisdiction and persons applying for a reinstated license after termination of a revocation period to take all or parts of the examination required of persons making their first application for an operator's license. Any applicant who is required to give an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall furnish a representative vehicle in safe operating condition for use in testing ability.
343.16(2)(c)
(c)
Standards. The department shall promulgate rules setting standards to govern driver license examinations and reexaminations. Such standards shall take into consideration any federal standards or requirements which may apply.
343.16(2)(cm)
(cm)
Motorcycle waiver. The department shall waive the driving skills test of a person applying for authorization to operate "Class M" vehicles if the applicant has successfully completed a basic rider course approved by the department.
343.16 Cross-reference
Cross-reference: See also s.
Trans 129.03, Wis. adm. code.
343.16(2)(d)
(d)
Motor bicycle or moped waiver. The department may promulgate rules authorizing a license examiner to waive the operating skill examination of a person applying for a license to operate a motor bicycle or moped if the applicant has the physical ability to operate the vehicle safely. The rules shall ensure that the applicant demonstrates knowledge of the traffic laws necessary for the safe operation of the vehicle.
343.16(2)(e)
(e)
Farm service industry employee waiver. To the extent permitted under applicable federal law or regulation, the department may waive any knowledge test and shall waive the commercial driver license driving skills test of a person applying for an "F" endorsement, except as provided under
s. 343.16 (5) or
(6).
343.16(2)(f)1.1. In this paragraph, "military commercial driver license" means, notwithstanding
s. 340.01 (7m) and
(41m), an authorization from the national guard of any state, from a branch of the U.S. armed forces, or from forces incorporated as part of the U.S. armed forces, authorizing a person to operate vehicles that the department determines are equivalent to those described in
s. 340.01 (8) (a) or
(b).
343.16(2)(f)2.
2. An applicant for a commercial driver license who holds a military commercial driver license shall submit to the department, in addition to the application, the applicant's military commercial driver license and other documentation that the department considers necessary to determine the equivalent classes of vehicles under
s. 343.04 (1) that the applicant's military commercial driver license authorizes the applicant to operate.
343.16(2)(f)3.
3. Notwithstanding
pars. (a) to
(c) and
sub. (1) (a), the department shall treat an application for a commercial driver license submitted with a military commercial driver license and other related documentation the same as an application for that license submitted by a person holding a commercial driver license from another jurisdiction, with respect to equivalent classes of vehicles under
s. 343.04 (1).
343.16(3)(a)(a) Except as provided in
s. 343.165 (4) (d), the department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.
343.16(3)(b)
(b) The department shall require each applicant for the renewal of an operator's license with an endorsement authorizing the operation of school buses to take and pass the knowledge test under
sub. (1) and an abbreviated driving skills test including, but not limited to, pretrip inspection, the loading and unloading of passengers and railroad crossing procedures.
343.16(4)
(4) Conduct of driving skills test. 343.16(4)(a)(a) An applicant who holds an expired instruction permit, expired out-of-state license or who seeks to reinstate his or her operating privilege may drive a motor vehicle only when accompanied by an authorized license examiner for the purpose of examining the applicant's ability to operate a motor vehicle. Such applicant must be driven to and from the examining area by a licensed driver. This exception to the requirement to hold a valid operator's license does not apply to the operation of a commercial motor vehicle. For purposes of examining applicants for a special restricted operator's license under
s. 343.135, the department may waive the requirements of this paragraph in any case in which it considers a waiver desirable.
343.16(4)(b)
(b) More than one authorized operator's license examiner or supervisor may ride with any licensed operator or applicant for an operator's license for the purpose of examining the person's ability to operate a motor vehicle.
343.16(5)
(5) Medical or other special examinations. 343.16(5)(a)(a) The secretary may require any applicant for a license or any licensed operator to submit to a special examination by such persons or agencies as the secretary may direct to determine incompetency, physical or mental disability, disease, or any other condition that might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. If the department requires the applicant to submit to an examination, the applicant shall pay for the examination. If the department receives an application for a renewal or duplicate license after voluntary surrender under
s. 343.265 or receives a report from a physician, physician assistant, as defined in
s. 448.01 (6), advanced practice nurse prescriber certified under
s. 441.16 (2), or optometrist under
s. 146.82 (3), or if the department has a report of 2 or more arrests within a one-year period for any combination of violations of
s. 346.63 (1) or
(5) or a local ordinance in conformity with
s. 346.63 (1) or
(5) or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (1) or
(5), or s.
346.63 (1m), 1985 stats., or
s. 346.63 (2) or
(6) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, the department shall determine, by interview or otherwise, whether the operator should submit to an examination under this section. The examination may consist of an assessment. If the examination indicates that education or treatment for a disability, disease or condition concerning the use of alcohol, a controlled substance or a controlled substance analog is appropriate, the department may order a driver safety plan in accordance with
s. 343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the department shall revoke the person's operating privilege in the manner specified in
s. 343.30 (1q) (d).
343.16(5)(b)
(b) Whenever the department receives the results of a special examination required under this subsection, the department shall give fair consideration to the recommendation of the examining person or agency together with other evidence in determining if it is in the interest of public safety to issue, renew, deny or cancel a license. If a license is denied or canceled by the department after a special examination as provided in
par. (a), such denial or cancellation shall be reviewed by a reviewing board upon written request of the applicant filed with the department within 10 days after receipt of notice of such denial or cancellation. Notice of denial or cancellation shall be in writing and contain specific reasons. The notice shall contain a statement that the applicant has 10 days within which to file a written request with the department for review of the department's decision by the reviewing board. The applicant shall have the right to appear personally before the review board, to present witnesses and additional information, and to be represented by counsel. The department's representative may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant documents and may require a reexamination of the applicant. No law enforcement officer or other witness produced by the applicant to testify on the applicant's behalf shall be paid a witness fee nor shall any law enforcement officer called to appear for the department be paid any witness fee. A record including the recommendations of the board shall be made of the proceeding. If a license is denied or canceled, the applicant shall be given specific reasons in writing. Review boards shall consist of the department's representative and at least 2 members appointed by the secretary from a list of physicians licensed to practice medicine in this state and a list of optometrists licensed to practice optometry in this state. Optometrists shall be limited to reviewing cases concerning vision only. In cases concerning mental disability or disease at least one of the physicians shall have specialized training in psychiatry. In cases concerning seizure disorders at least one of the physicians shall have specialized training in neurology. The members of the board shall receive the per diem and expenses provided in
s. 15.08 (7) which shall be charged to the appropriation under
s. 20.395 (5) (cq). A decision of the department based on the recommendation of a reviewing board is subject to judicial review under
s. 343.40.
343.16(5)(c)
(c) All reports, records or information furnished by or on behalf of an applicant or licensed operator under this subsection are confidential and shall be for the sole use of the department, the applicant or licensed driver, the review board and the courts in administering this section and are not admissible as evidence for any other purpose in any civil or criminal action. The applicant or licensed driver may give informed written consent for release of this information to others.
343.16(5)(d)
(d) Nothing in this subsection shall be interpreted to require the release of this information which was obtained under a pledge of confidentiality and such a clear pledge was made in order to obtain the information and was necessary to obtain the information.
343.16(6)
(6) Special retesting of licensed operators. 343.16(6)(a)(a) Whenever the secretary has good cause to believe that a licensed operator is incompetent or otherwise not qualified to be licensed, the secretary may, upon written notice of at least 5 days to the licensee, require the licensee to submit to an examination including all or part of the tests specified in
sub. (1). Upon the conclusion of such examination the secretary shall take such action as is appropriate under this chapter, including cancellation of the license or permitting the licensee to retain the license subject to such restrictions as the secretary may order or without restrictions.
343.16(6)(b)
(b) Whenever the department requires an examination for renewal of an operator's license, it shall issue a receipt at the time of request for appearance for such examination which receipt shall constitute a temporary license to operate a motor vehicle for not to exceed 60 days pending such examination.
343.16(7)(a)(a) Any person required by or pursuant to this section to submit to an examination who by any means secures the services of another person to appear in that person's place to take such examination may be fined not less than $100 nor more than $200 or imprisoned not more than 6 months or both.
343.16(7)(b)
(b) Any person who appears for an examination under this section in the place of another person required to take such examination may be fined not less than $100 nor more than $200 or imprisoned not more than 6 months or both for the first offense and may be fined not less than $200 nor more than $500 or imprisoned not more than one year in county jail or both for the second or each subsequent offense thereafter.
343.16 History
History: 1971 c. 164 s.
83;
1973 c. 90,
176;
1975 c. 36,
199;
1977 c. 29 ss.
1456,
1654 (7) (a), (c);
1977 c. 273,
418;
1979 c. 34 ss.
1067m,
2102 (52) (a);
1979 c. 221,
345;
1981 c. 20;
1983 a. 74,
243,
534,
538;
1985 a. 65,
337;
1987 a. 3,
40,
215;
1989 a. 31,
105,
359;
1991 a. 21,
32,
39,
316;
1993 a. 16,
19,
183,
399;
1995 a. 27 s.
9145 (1);
1995 a. 113,
195,
448;
1997 a. 27,
84,
237;
1999 a. 32,
140;
2001 a. 105;
2003 a. 33;
2005 a. 187,
253,
466;
2007 a. 20,
68,
97,
162;
2009 a. 28,
302;
2011 a. 32,
161.
343.16 Cross-reference
Cross-reference: See also ch.
Trans 104, Wis. adm. code.
343.165
343.165
Processing license and identification card applications. 343.165(1)(1) Subject to
ss. 343.14 (3m) and
343.50 (4g), the department may not complete the processing of an application for initial issuance or renewal of an operator's license or identification card received by the department after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under
s. 85.515 (2) (b), and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and, subject to
sub. (7), the department verifies under
sub. (3), all of the following information:
343.165(1)(a)
(a) An identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth.
343.165(1)(b)
(b) Documentation showing the applicant's date of birth, which may be the identification document under
par. (a).
343.165(1)(c)
(c) Proof of the applicant's social security number or, except as provided in
s. 343.14 (2g) (a) 4., verification that the applicant is not eligible for a social security number.
343.165(1)(d)
(d) Documentation showing the applicant's name and address of principal residence.
343.165(2)(a)(a) Subject to
sub. (7), the department shall, in processing any application for an operator's license or identification card under
sub. (1), capture a digital image of each document presented or provided to the department by an applicant. Images captured under this paragraph shall be maintained, in electronic storage and in a transferable format, in the applicant's file or record as provided under
ss. 343.23 (2) (a) and
343.50 (8) (a).
343.165(3)(a)(a) Except as provided in
pars. (b) and
(c) and subject to
sub. (7), the department shall verify, in the manner and to the extent required under federal law, each document presented or provided to the department that is required to be presented or provided to the department by an applicant under
sub. (1).
343.165(3)(b)
(b) The department may not accept any foreign document, other than an official passport, to satisfy a requirement under
sub. (1).
343.165(3)(c)
(c) For purposes of
par. (a) and
sub. (1) (c), if an applicant presents a social security number that is already registered to or associated with another person, the department shall direct the applicant to investigate and take appropriate action to resolve the discrepancy and shall not issue any operator's license or identification card until the discrepancy is resolved. The department shall adopt procedures for purposes of verifying that an applicant is not eligible for a social security number.
343.165(4)(a)(a) Subsection (1) does not apply to an application for renewal of an operator's license or identification card received by the department after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under
s. 85.515 (2) (b), if in connection with a prior application after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under
s. 85.515 (2) (b), the applicant previously presented or provided, and the department verified under
sub. (3) or
(7), the information specified in
sub. (1) and, if verified under
sub. (3), the department recorded the date on which the verification procedures were completed as described in
sub. (2) (b).
343.165(4)(b)
(b) The department shall establish an effective procedure to confirm or verify an applicant's information for purposes of any application described in
par. (a). The procedure shall include verification of the applicant's social security number or ineligibility for a social security number.
343.165(4)(c)
(c) Notwithstanding
pars. (a) and
(b), no operator's license displaying the legend required under
s. 343.03 (3m) or identification card displaying the legend required under
s. 343.50 (3) (a) may be renewed unless the applicant presents or provides valid documentary proof under
sub. (1) (e) and this proof shows that the status by which the applicant qualified for the license or identification card has been extended by the secretary of the federal department of homeland security.
343.165(4)(d)
(d) With any license or identification card renewal following a license or identification card expiration established under
s. 343.20 (1m) or
343.50 (5) (c) at other than an 8-year interval, the department may determine whether the applicant's photograph is to be taken, or if the renewal is for a license the applicant is to be examined, or both, at the time of such renewal, so long as the applicant's photograph is taken, and if the renewal is for a license the applicant is examined, with a license or card renewal at least once every 8 years and the applicant's license or identification card at all times includes a photograph unless an exception under
s. 343.14 (3m) or
343.50 (4g) applies.
343.165(5)
(5) The department may, by rule, require that applications for reinstatement of operator's licenses or identification cards, issuance of occupational licenses, reissuance of operator's licenses, or issuance of duplicate operator's licenses or identification cards, received by the department after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under
s. 85.515 (2) (b), be processed in a manner consistent with the requirements established under this section for applications for initial issuance or renewal of operator's licenses and identification cards.
343.165(6)
(6) During the period in which the department processes an application under this section, the department may issue a receipt under
s. 343.11 (3) or
343.50 (1) (c).
343.165(7)(a)(a) The department may process an application for, and issue or renew, an operator's license or identification card without meeting the requirements under
subs. (2) and
(3) if all of the following apply:
343.165(7)(a)2.
2. The operator's license or identification card is processed and issued or renewed in compliance with applicable department practices and procedures that were in effect immediately prior to the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under
s. 85.515 (2) (b).
343.165(7)(b)
(b) In addition to other instances of original issuance or renewal, this subsection specifically applies to renewals occurring after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under
s. 85.515 (2) (b), of operator's licenses or identification cards originally issued prior to the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under
s. 85.515 (2) (b).
343.165 History
History: 2007 a. 20;
2011 a. 23,
32; s. 35.17 correction in (1) (b) (intro.).
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. 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 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 legal name, date of birth, and principal residence address of the person.
343.17 Note
NOTE: Subd. 2. is shown as affected by
2011 Wis. Acts 23,
32, and
241, and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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)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.
