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.
343.17(3)(a)14.
14. If the license contains the marking specified in
s. 343.03 (3r), a distinctive appearance specified by the department that clearly distinguishes the license from other operator's licenses or identification cards issued by the department and that alerts federal agency and other law enforcement personnel that the license may not be accepted for federal identification or any other official purpose.
343.17(3)(b)
(b) The reverse side of the license shall contain an explanation of any restriction codes or endorsement abbreviations used on the front of the license, in sufficient detail to identify the nature of the restrictions or endorsements to a law enforcement officer of this state or another jurisdiction. Except for a commercial driver license, a part of the reverse side of each license shall be printed to serve as a record of gift under
s. 157.06 (2) (t) or a record of refusal under
s. 157.06 (2) (u).
343.17(3)(c)
(c) The classifications on operator's licenses shall be as follows:
343.17(3)(c)1.
1. Classification "A", which authorizes the operation of "Class A" vehicles as described in
s. 343.04 (1) (a). A driver who has passed the knowledge and driving skills tests for operating "Class A" vehicles shall receive a license authorizing the operation of "Class A", "Class B" and "Class C" vehicles if the person possesses any requisite endorsement.
343.17(3)(c)2.
2. Classification "B", which authorizes the operation of "Class B" vehicles as described in
s. 343.04 (1) (b). A driver who has passed the knowledge and driving skills tests for operating "Class B" vehicles shall receive a license authorizing the operation of "Class B" and "Class C" vehicles if the person possesses any requisite endorsement.
343.17(3)(c)3.
3. Classification "C", which authorizes the operation of "Class C" vehicles as described in
s. 343.04 (1) (c) if the person possesses any requisite endorsement.
343.17(3)(c)4.
4. Classification "D", which authorizes the operation of "Class D" vehicles as described in
s. 343.04 (1) (d) if the person possesses any requisite endorsement.
343.17(3)(c)5.
5. Classification "M", which authorizes the operation of Type 1 motorcycles.
343.17(3)(d)
(d) The endorsements on operator's licenses shall be as follows:
343.17(3)(d)1g.
1g. "F" endorsement, which authorizes a seasonal employee of a farm service industry employer who is eligible for a restricted commercial driver license under applicable federal law or regulation to operate "Class B" and "Class C" vehicles as described in
s. 343.04 (1) (b) and
(c) for a seasonal period not to exceed 180 days in any calendar year. This endorsement permits the transporting of liquid fertilizers in vehicles or implements of husbandry with total capacities of 3,000 gallons or less, solid fertilizers that are not transported with any organic substance or 1,000 gallons or less of diesel fuel, but no combination of these materials. The endorsement does not permit operation of a commercial motor vehicle beyond 150 miles of the farm service industry employer's place of business or, in the case of custom harvesters, the farm currently being served.
343.17(3)(d)1m.
1m. "H" endorsement, which authorizes the driver to operate vehicles transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under
42 CFR 73.
343.17(3)(d)2.
2. "N" endorsement, which authorizes operating tank vehicles.
343.17(3)(d)3.
3. "P" endorsement, which authorizes operating vehicles designed to carry, or actually carrying, 16 or more passengers including the driver, except this endorsement does not authorize the operation of school buses unless the licensee also holds an "S" endorsement.
343.17(3)(d)4.
4. "S" endorsement, which authorizes operating school buses.
343.17(3)(d)5.
5. "T" endorsement, which authorizes operating commercial motor vehicles with double or triple trailers where the operation of such combination vehicles is permitted.
343.17(3)(d)6.
6. "X" endorsement, which is an optional endorsement that may be used to indicate that the licensee holds both "H" and "N" endorsements. The department may not issue or renew an endorsement under this subdivision after November 1, 2003.
343.17(3)(e)
(e) The standard restriction codes used on commercial driver licenses include:
343.17(3)(e)1.
1. "K" restriction, which restricts a person issued a license under
s. 343.065 from operating commercial motor vehicles in interstate commerce.
343.17(3)(e)2.
2. "L" restriction, which prohibits a person from operating commercial motor vehicles equipped with air brakes, as required in
s. 343.13 (2).
343.17(4)(a)(a) When an operator's license is subject to lengthy special restrictions or other restrictions not described in the standard codes on the front side of the license, the department shall indicate on the license document that the license is subject to restrictions contained on one or more separate special restrictions cards.
343.17(4)(b)
(b) A separate special restrictions card shall describe the restrictions, bear the issuance date of the card, specify the identifying driver number of the license to which it applies, and indicate the number and order of special restrictions cards currently issued by the department to the person, in the manner "1 of 2".
343.17(6)
(6) Rules. Subject to
subs. (2) and
(3), the department shall promulgate rules setting the design and specifications for the license document and subsequent changes thereto.
343.175
343.175
Organ donor information. 343.175(1)
(1)
Department to solicit and record information. As part of every application for an original, duplicate, reinstated, reissued or renewal license or endorsement, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person. If a procurement organization, as defined in
s. 157.06 (2) (p), reasonably identifies a person and requests the information recorded in the person's file under this subsection, the department shall promptly provide this information to the procurement organization.
343.175(1r)
(1r) Department to provide information. In addition to the inquiry under
sub. (1), if the applicant is at least 15 and one-half years of age, the department shall orally state to the applicant that he or she has the opportunity to indicate his or her willingness to be an organ donor. If the applicant indicates that he or she is undecided in response to the inquiry under
sub. (1), the department shall provide the applicant with written information that all organ procurement organizations and the department have together developed. If the applicant makes an affirmative response to the inquiry under
sub. (1), the department shall request at that time that the applicant write on the license the information that is specified under
sub. (2) (ar) and affix a sticker, as described in
sub. (3), to the front side of the license document.
343.175(2)(ag)
(ag) The department shall print a separate document to be issued to all persons issued a commercial driver license and make provisions so that the document may be attached to the reverse side of the license document along one edge. This document shall serve as a record of gift under
s. 157.06 (2) (t) or a record of refusal under
s. 157.06 (2) (u).
343.175(2)(ar)
(ar) If the person desires to be an organ donor, he or she may so indicate in the space provided on the license. The donor may supply information in the space provided on the license, including the specific body parts or organs to be donated, the name of the donee, the purpose for which the gift is made and the physician whom the donor wishes to carry out the appropriate procedures. The anatomical gift described on the license shall be signed by the licensee.
343.175(2)(b)
(b) The licensee may revoke or amend his or her gift by crossing out the donor authorization in the space provided on the license or as otherwise prescribed in
s. 157.06. The licensee may refuse to make an anatomical gift by so indicating in the space provided on the license or as otherwise prescribed in
s. 157.06.
343.175(3)
(3) Organ donor sticker. The department shall designate a space on the front side of the license document where the licensee may affix a sticker which indicates that the licensee is a potential donor of body organs or parts for the purposes of transplantation, therapy, medical research or education. The sticker shall not be larger than one-half inch in diameter and shall not conceal any of the contents required by
s. 343.17 (3). The sticker shall be of a distinctive design and supplied to the donor by a nationally recognized organization that enlists donors of body organs or parts for the purposes of transplantation, therapy, medical research or education.
343.18
343.18
License to be carried; verification of signature. 343.18(1)(1) Every licensee shall have his or her license document, including any special restrictions cards issued under
s. 343.10 (7) (d) or
343.17 (4), in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon demand from any judge, justice or traffic officer.
343.18(1m)
(1m) A person charged with violating
sub. (1) may not be convicted if he or she produces in court or in the office of the arresting officer a license theretofore issued to the licensee and valid at the time of his or her arrest.
343.18(2)
(2) For the purpose of verifying the signature on a license, any judge, justice or traffic officer may require the licensee to write the licensee's signature in the presence of such officer.
343.18(3)(a)(a) Except as provided in
par. (c), any person who violates
sub. (1) shall forfeit not more than $200.
343.18(3)(c)
(c) If the person is operating a commercial motor vehicle at the time of the violation, any person who violates
sub. (1) shall forfeit not less than $250 nor more than $2,500.
343.18 Annotation
There is a public interest in permitting police to request a motorist's license and to run a status check on the license. State v. Ellenbecker,
159 Wis. 2d 91,
464 N.W.2d 427 (Ct. App. 1990).
343.18 Annotation
Under Ellenbecker, it was reasonable for an officer who stopped a motorist whose vehicle and general appearance matched that of a criminal suspect to make a report of the incident, even if the officer had already decided that the driver was not the suspect. For that purpose, it was reasonable to ask for the motorist's name and identification. Once the motorist stated that he had no identification, there was a reasonable grounds for further detention. State v. Williams,
2002 WI App 306,
258 Wis. 2d 395,
655 N.W.2d 462,
02-0384.
343.19
343.19
Duplicate licenses or identification cards. 343.19(1)(1) If a license issued under this chapter or an identification card issued under
s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in
s. 343.17 (3) (a) 12. or
13. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of full legal name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in
s. 343.17 (3) (a) 12. or
13. no longer applies. If the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under
s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department.
343.19(1m)
(1m) If a license issued under this chapter has been surrendered under
s. 343.265 and has not expired, the person to whom the license was issued may obtain a duplicate license upon furnishing to the department the applicable information under
sub. (1) and complying with the requirements for reissuance of a license after surrender provided under
s. 343.265 (2).
