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) Except as provided in
par. (am), 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)(am)
(am) If the secretary receives credible information that a person holding a commercial driver license committed fraud related to the issuance of the license, the secretary shall provide written notice to the person that the person is required to submit to an examination, including all or part of the tests required under
sub. (1). A person receiving a notice under this paragraph shall, within 30 days of receiving notice, arrange to take the next available examination.
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;
2013 a. 94;
2013 a. 166 s.
77;
2013 a. 371;
2015 a. 55,
123.
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 [January 1, 2013] 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 Note
NOTE: Sub. (1) (intro.) is shown as affected by
2015 Wis. Acts 193 and
197 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was rendered surplusage by Act 193. Corrective legislation is pending.
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 [January 1, 2013] if in connection with a prior application [January 1, 2013] 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 Note
NOTE: Par. (a) is shown as affected by
2015 Wis. Acts 193 and
197 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was rendered surplusage by Act 193. Corrective legislation is pending.
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 [January 1, 2013] 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 Note
NOTE: Sub. (5) is shown as affected by
2015 Wis. Acts 193 and
197 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was rendered surplusage by Act 193. Corrective legislation is pending.
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 on December 31, 2012 [January 1, 2013].
343.165 Note
NOTE: Subd. 2. is shown as affected by
2015 Wis. Acts 193 and
197 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was rendered surplusage by Act 193. Corrective legislation is pending.
343.165(7)(b)
(b) In addition to other instances of original issuance or renewal, this subsection specifically applies to renewals occurring after [December 31, 2012] January 1, 2013, of operator's licenses or identification cards originally issued prior to January 1, 2013.
343.165 Note
NOTE: Par. (b) is shown as affected by
2015 Wis. Acts 193 and
197 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The date in brackets was inserted by Act 193 to replace an indeterminate date with the actual date, but is the incorrect date. The correct date, January 1, 2013, was inserted by
2015 Wis. Act 197. Corrective legislation is pending.
343.165 History
History: 2007 a. 20;
2011 a. 23,
32;
2015 a. 193,
197; s. 13.92 (2) (i).
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. 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(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)(a)15.
15. If the person is a veteran, has indicated that he or she wishes to have his or her veteran status indicated on the license, and has provided the verification required under
s. 343.14 (2) (j), an indication that the person is a veteran.
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)1e.
1e. “E" restriction, which prohibits a person from operating commercial motor vehicles equipped with a manual transmission.
343.17(3)(e)1m.
1m. “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.
343.17(3)(e)3.
3. “M" restriction, which prohibits a person from operating “Class A" passenger commercial motor vehicles.
