343.12(3)
(3) Notwithstanding
sub. (2) (a) and
(g), the department may issue a school bus endorsement under
sub. (2) to a person who is more than 70 years of age if the person meets the requirements specified in
sub. (2) (c) to
(f) and
(h) before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under
sub. (2) (g). Notwithstanding
sub. (2) (a) and
(g), the department may issue a school bus endorsement under
sub. (2m) to a person who is more than 70 years of age if the person meets the requirements specified in
subs. (2) (c) to
(f) and
(h) and
(2m) (a) to
(d) before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under
sub. (2) (g).
343.12(4)(a)(a) Notwithstanding
sub. (1), a person may operate a school bus in this state if the person is a nonresident holding a valid commercial driver license with an “S" endorsement and the school bus is a commercial motor vehicle or, if the school bus is not a commercial motor vehicle, the person is a resident of Iowa, Illinois, Michigan, or Minnesota holding a valid operator's license and any additional endorsements required by the person's home jurisdiction for the operation of a school bus.
343.12(4)(b)
(b) The department shall, by rule, establish standards for the employment by an employer of a person under
par. (a) as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in
sub. (2),
(2m), or
(3) and any rules of the department applicable to residents, except that the rules shall require the person to meet the qualifications contained in
sub. (2) (dm) and
(em). The rules shall also require the employer to perform the actions specified in
s. 121.555 (3) (a) 1. and
3.
343.12(6)(a)(a) Notwithstanding
ss. 111.321,
111.322, and
111.335, prior to the initial issuance or renewal of a school bus endorsement, the department shall conduct a background investigation of the applicant. In conducting the background investigation, the department shall obtain from the records maintained by the department of justice a criminal history search of the applicant. If the applicant has not resided in this state at any time within the 2 years preceding the date of the search, the department shall make a good faith effort to obtain additional criminal history information from any state in which the applicant has resided during this time period or from any other applicable federal or state agency. The department shall record in the applicant's file specified in
s. 343.23 (2) (a) the date on which the background investigation was completed.
343.12(6)(b)
(b) The department may require an applicant for the initial issuance or renewal of a school bus endorsement to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
343.12(6)(c)
(c) The department shall require an applicant for an endorsement under this section to specify on the application whether the applicant is listed in the registry under
s. 146.40 (4g) (a) 2.
343.12(6)(d)
(d) Notwithstanding
ss. 111.321,
111.322, and
111.335, 4 years after the initial issuance or renewal of a school bus endorsement, the department of transportation shall obtain from the records maintained by the department of justice a criminal history search of the person to whom the school bus endorsement is issued and, if applicable, take action under
s. 343.20 (1) (d) 2.
343.12(7)(a)(a) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may not issue or renew a school bus endorsement if, within the time period specified by the department by rule but not less than 2 years immediately preceding the date of application, the applicant has been convicted of a violation of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:
343.12(7)(a)2.
2. Operating a motor vehicle while operating privileges are suspended or revoked or while the operator is disqualified under
s. 343.44 (1) (a),
(b), or
(d).
343.12(7)(a)3.
3. Second-degree reckless homicide under
s. 940.06 if the offense results from the operation of a motor vehicle.
343.12(7)(a)7.
7. Causing injury by operating a motor vehicle under the influence of an intoxicant or other drug under
s. 346.63 (2).
343.12(7)(a)8.
8. Causing injury by operating a commercial motor vehicle with a prohibited alcohol concentration under
s. 346.63 (6).
343.12(7)(a)9.
9. Operating a motor vehicle under the influence of an intoxicant or other drug or with a prohibited alcohol concentration under
s. 346.63 (1).
343.12(7)(a)11.
11. Operating a motor vehicle while under the legal drinking age with a prohibited alcohol concentration under
s. 346.63 (2m).
343.12(7)(a)14.
14. Operating a commercial motor vehicle or being on duty time while having any alcohol concentration, within 4 hours of consuming alcohol or being intoxicated, or while possessing alcohol under
s. 346.63 (7) (a) if the applicant has been previously convicted of any offense under
s. 346.63 (7) (a) or any local ordinance in conformity with
s. 346.63 (7) (a) or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of
s. 346.63 (7) (a) if the applicant had committed the offense in this state and been convicted of the offense under the laws of this state.
343.12(7)(b)
(b) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may not issue or renew a school bus endorsement if, within 2 years immediately preceding the date of application, the applicant has had his or her operating privilege revoked under
s. 343.305 (10) for refusal to submit to chemical testing or has been convicted in another jurisdiction or had his or her operating privilege in another jurisdiction suspended or revoked under any law of that jurisdiction prohibiting refusal of chemical testing that is comparable to
s. 343.305.
343.12(7)(c)
(c) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may not issue or renew a school bus endorsement if, within the time period specified by the department by rule but not less than 5 years immediately preceding the date of application, the applicant has been convicted of a violation of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:
343.12(7)(c)11.
11. Abuse or neglect of a patient or resident under circumstances constituting a felony under
s. 940.295.
343.12(7)(c)27.
27. Any felony crime in the commission of which a motor vehicle is used other than those crimes specified in this paragraph or
par. (b).
343.12(7)(d)
(d) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may not issue or renew a school bus endorsement if the applicant has been adjudicated delinquent on or after his or her 12th birthday for committing any crime or other offense specified under
pars. (a) to
(c) or by the department by rule under this subsection within the time period specified under
pars. (a) to
(c) or by the department by rule under this subsection.
343.12(8)(a)(a) The department shall promulgate rules specifying crimes or other offenses, in addition to those specified in
sub. (7), the conviction for which, or adjudication of delinquency for which, disqualifies the applicant from initial issuance or renewal of a school bus endorsement and, for each such crime or offense, the time period within which the disqualification applies. The time period may be permanent but may not be less than the time period specified in
sub. (7) (a) to
(c) for a crime or other offense specified in
sub. (7) (a) to
(c). The disqualifying crimes or other offenses specified by the department shall apply notwithstanding
ss. 111.321,
111.322, and
111.335 and shall include crimes under
chs. 940 and
944.
343.12(8)(b)
(b) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may promulgate rules specifying any registry maintained by an agency of the state related to a person being reported or investigated for criminal activity, in addition to the registry specified in
sub. (6) (c), the listing of the applicant on which disqualifies the applicant from initial issuance or renewal of a school bus endorsement.
343.12(8)(c)
(c) The department shall promulgate rules to implement and administer this section, including all of the following:
343.12(8)(c)1.
1. For each disqualifying crime or offense specified in
sub. (7) (a) and
(c), the time period within which the disqualification applies.
343.12(8)(c)2.
2. Procedures for obtaining additional criminal history information in compliance with
sub. (6) (a) for applicants who have not resided in this state at anytime in the preceding 2 years. The department may by rule establish fees for obtaining such information that are not greater than the fees charged to the department in connection with acquiring such information.
343.12(9)(a)
(a) Fined not less than $200 nor more than $600 and may be imprisoned for not more than 6 months or both for the first such offense.
343.12(9)(b)
(b) Fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months for the 2nd offense occurring within 3 years.
343.12(9)(c)
(c) Fined not less than $1,000 nor more than $2,000 and imprisoned for not less than 10 days nor more than 6 months for the 3rd or subsequent offense occurring within 3 years.
343.12 History
History: 1971 c. 213 s.
5;
1973 c. 174,
218;
1975 c. 19,
199;
1977 c. 29 s.
1654 (7) (a);
1977 c. 125;
1977 c. 193 s.
17;
1977 c. 273,
418,
447;
1981 c. 71;
1981 c. 334 s.
25 (1);
1983 a. 175,
459,
480;
1985 a. 337;
1987 a. 3;
1989 a. 105,
176,
359;
1991 a. 39,
277;
1993 a. 16;
1995 a. 113;
2003 a. 33,
280,
326,
327;
2005 a. 253,
277;
2007 a. 116;
2013 a. 96;
2015 a. 366.
343.12 Cross-reference
Cross-reference: See also ch.
Trans 112, Wis. adm. code.
343.12 Annotation
Standards under sub. (2) (g) are not exempt from requirements under s. 111.34 (2) (b). Bothum v. DOT,
134 Wis. 2d 378,
396 N.W.2d 785 (Ct. App. 1986).
343.125
343.125
Endorsements for transporting certain hazardous materials. 343.125(2)
(2) The department may not issue or renew an “H" endorsement to a commercial driver license unless all of the following apply:
343.125(2)(a)
(a) The applicant has submitted to the department documentary proof, in one or more of the following forms, that the applicant is a U.S. citizen or that the applicant's permanent presence in the United States is authorized under federal law:
343.125(2)(a)2.
2. A birth certificate bearing an official seal or other mark of authentication and issued by a state, county, or municipality within the United States or by a territory or possession of the United States.
343.125(2)(a)3.
3. A certification of birth abroad issued by the federal department of state.
343.125(2)(a)6.
6. A permanent resident card or alien registration receipt card.
343.125(2)(b)
(b) If the applicant submits proof described under
par. (a) 6. or
7., the applicant submits his or her bureau of citizenship and immigration services alien registration number.
343.125(2)(c)
(c) The applicant has passed any knowledge test required by the department.
343.125(2)(d)
(d) The department of transportation has received notice from the federal transportation security administration of the federal department of homeland security that the applicant does not pose a security threat warranting denial of an “H" endorsement or that the applicant has received a waiver under
49 CFR 1572.143.
343.125(3)(a)(a) Except as provided in
par. (b), an “H" endorsement shall expire 4 years after the licensee's next birthday after the date of issuance or renewal.
