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.
343.125(3)(b)1.1. The initial period for which an “H" endorsement is valid is the period from the date on which the “H" endorsement is issued until the earlier of the following dates:
343.125(3)(b)1.a.
a. The date on which the licensee's commercial driver license expires. This
subd. 1. a. does not apply if the licensee renews his or her commercial driver license at the same time that the “H" endorsement is issued.
343.125(3)(b)1.b.
b. The date 4 years before the date on which the licensee's commercial driver license expires.
343.125(3)(b)2.
2. Notwithstanding
subd. 1., if the period as determined under
subd. 1. is less than 12 months, the initial period for which an “H" endorsement is valid is the period from the date on which the “H" endorsement is issued until the later of the dates specified in
subd. 1. a. or
b.
343.125(4)
(4) Within 15 days after receiving notice from the federal transportation security administration of the federal department of homeland security, the department of transportation shall do all of the following:
343.125(4)(a)
(a) Update the department's records to reflect the notice received, the issuance, denial, or cancellation of an “H" endorsement, and, if applicable, the expiration date of the “H" endorsement.
343.125(4)(b)
(b) Notify the commercial driver license information system of the notice received and the department's action.
343.125(4)(c)
(c) Issue the “H" endorsement, if the department received notice described in
sub. (2) (d) and the applicant is otherwise eligible for issuance of the “H" endorsement.
343.125(4)(d)
(d) Cancel or deny the “H" endorsement, if the notice is of a final administrative determination that the applicant or licensee poses a security threat warranting denial of an “H" endorsement.
343.125(5)
(5) Notwithstanding
s. 227.42, there is no right to a hearing on any cancellation or denial of an “H" endorsement under this section.
343.125(6)
(6) Notwithstanding
sub. (3) and
s. 343.20 (1) (a), the department may require any person who holds a valid “H" endorsement on November 1, 2003, to apply for renewal of that endorsement, if that endorsement expires after November 1, 2008. The department shall provide the notice required under
s. 343.20 (2) (b). The department may cancel the “H" endorsement of any person who fails to renew within the period specified by the department under this subsection. This subsection does not apply to “H" endorsements that are issued or renewed after November 1, 2003.
343.125 History
History: 2003 a. 33.
343.13
343.13
Restricted licenses. 343.13(1)
(1) The department upon issuing any license pursuant to this chapter may, whenever good cause appears, impose restrictions suitable to the licensee's operating ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate, or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
343.13(2)
(2) Notwithstanding
sub. (1), the department shall restrict the commercial driver license of any person to comply with
49 CFR 383.
343.13(3)
(3) If a court has ordered that a person's operating privilege be restricted for a period of time after the person's operating privilege revocation period is completed to operating vehicles equipped with an ignition interlock device, the license shall include that restriction.
343.13 Cross-reference
Cross-reference: See also ch.
Trans 112, Wis. adm. code.
343.135
343.135
Special restricted operator's license. 343.135(1)(a)(a) Except as provided in
par. (b), upon application therefor, the department shall issue a special restricted operator's license to any person who meets the following requirements:
343.135(1)(a)1.
1. Is at least 14 years of age and is physically disabled or is at least 16 years of age.
343.135(1)(a)2.
2. Does not possess a valid operator's license issued under this chapter.
343.135(1)(a)4.
4. Has passed an examination which includes a test of the applicant's eyesight, ability to read and understand highway signs regulating, warning and directing traffic, knowledge of the traffic laws and an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the vehicle for which the special restricted license is to be issued. An applicant shall furnish the motor vehicle he or she will be operating for use in testing his or her ability to operate the vehicle. The department may waive the demonstration of ability to exercise ordinary and reasonable control in the operation of a moped or motor bicycle as provided in
s. 343.16 (2) (d).
343.135(1)(b)
(b) The department may not issue a special restricted license to a person whose operating privilege is suspended or revoked.
343.135(2)(a)(a) A special restricted operator's license may be issued only for the specific vehicle or type of vehicle described on the license. A license under this paragraph may not be issued to authorize operation of a commercial motor vehicle or a school bus. A special restricted operator's license may be issued only for the following vehicles:
343.135(2)(a)2.
2. Specially designed vehicles having a maximum speed of 35 miles per hour which the department authorizes to be operated on the highway.
343.135(2)(b)
(b) If a special restricted operator's license is issued for operation of a vehicle described in
par. (a) 2., the vehicle may be operated only by the following persons:
