343.05(5)(b)1.1. Except as provided in
subd. 2. and
sub. (6), any person who violates
sub. (3) (a) may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than $500 and imprisoned for not more than 6 months for the 3rd or subsequent offense occurring within 3 years. A violation of a local ordinance in conformity with this section or a violation of a law of a federally recognized American Indian tribe or band in this state in conformity with this section shall count as a previous offense.
343.05(5)(b)2.
2. A person whose operator's license has expired not more than 3 months before a violation of
sub. (3) (a) may be required to forfeit not more than $100 for the first offense.
343.05(6)
(6) Other offenses; penalties. Section 343.44 and the penalties thereunder shall apply in lieu of this section to any person operating a motor vehicle upon a highway in this state with an operator's license which is revoked or suspended.
343.05 History
History: 1971 c. 164 s.
83;
1977 c. 29 s.
1654 (7) (a);
1977 c. 273,
288,
447;
1979 c. 345;
1981 c. 42,
138;
1981 c. 390 s.
252;
1983 a. 243,
534,
535,
538;
1985 a. 65;
1989 a. 87,
105,
359;
1991 a. 32,
39;
1995 a. 113,
269,
347;
1997 a. 237.
343.05 Cross-reference
Cross-reference: See s.
343.37 for limitations on nonresident operators.
343.05 Annotation
The guidelines for operating a commercial vehicle under this section constitute a fundamental public policy to promote highway safety. The discharge of an at-will employee for refusing to violate this section was a wrongful discharge. Kempfer v. Automated Finishing, Inc.
211 Wis. 2d 100,
564 N.W.2d 692 (1997).
343.05 Annotation
Three-wheeled trucks and automobiles, golf carts, and other special purpose vehicles such as street sweepers, industrial fork-lifts, and motorized wheelbarrows are not motorcycles, and operators are not required to have special driver licenses. 58 Atty. Gen. 17.
343.05 Annotation
A driver license authorizing motor-driven cycle operation is not required for the operation of a motor-driven cycle on private property. 64 Atty. Gen. 79.
343.055
343.055
Commercial driver license waivers. 343.055(1)(a)(a)
General. Except as provided in
subs. (3) and
(4) and notwithstanding
s. 343.05 (2), operators of certain commercial motor vehicles specified in
pars. (b) to
(h) or any rule of the department promulgated under
sub. (5) are not required to hold commercial driver licenses, if the operator holds a valid operator's license not limited to "Class M" vehicles.
343.055(1)(b)
(b)
Fire fighters. The operator of the commercial motor vehicle including, without limitation, fire trucks, hook and ladder trucks and foam or water transporters, is a person employed by a volunteer or paid fire organization and the person is operating emergency or fire fighting equipment necessary to the preservation of life or property or the execution of emergency management functions and equipped with a siren and warning lamps as provided in
ss. 347.25 (1) and
347.38 (4) and the operation is in the routine performance of other duties of the fire organization or in response to an emergency call under
s. 346.03 or during the return from a fire or other emergency response.
343.055(1)(c)
(c)
Farmers. The operator of the commercial motor vehicle is a farmer who is using the commercial motor vehicle within 150 miles of the operator's farm to transport agricultural products, farm machinery or farm supplies including transporting hazardous materials requiring placarding or a combination thereof to or from a farm and the commercial motor vehicle is operated and controlled by a farmer and not used in the operations of a common motor carrier or contract motor carrier, as defined in
s. 194.01 (1) and
(2). In this paragraph, "controlled" means leased or owned; and "farmer" and "leased" have the meanings given in
s. 340.01 (18) (b).
343.055(1)(d)
(d)
Recreational vehicle operators. The operator of the commercial motor vehicle is a person operating a motor home, or a vehicle towing a 5th-wheel mobile home or single-unit recreational vehicle and the vehicle or combination, including both units of a combination towing vehicle and the 5th-wheel mobile home or recreational vehicle, is both operated and controlled by the person and is transporting only members of the person's family, guests or their personal property. This paragraph does not apply to any transportation for hire or the transportation of any property connected to a commercial activity. In this paragraph, "controlled" means leased or owned.
343.055(1)(h)
(h)
Rescue squad members. The operator of the commercial motor vehicle is a member of a legally organized rescue squad. This paragraph applies only to the operation of authorized emergency vehicles.
343.055(2)
(2) Disqualifications not applicable. Notwithstanding
s. 343.44, a person disqualified under
s. 343.315 may operate a commercial motor vehicle as described in this section if the person holds a valid operator's license issued to the person authorizing the operation of "Class D" vehicles.
343.055(3)
(3) Vehicles transporting hazardous materials, carrying passengers or towing double or triple trailers not waived. Nothing in this section authorizes the operation of a combination vehicle with double or triple trailers, a vehicle transporting hazardous materials requiring placarding except as provided in
sub. (1) (c), or a vehicle carrying or designed to transport the driver and 15 or more persons, by a person who does not hold a valid operator's license properly endorsed to permit such operation.
343.055(4)
(4) Effect of waivers. The waivers under this section shall apply to the extent permitted under federal law and shall exempt a person only from the requirement in
s. 343.05 (2) to hold a commercial driver license to operate a commercial motor vehicle upon a highway in this state. A commercial motor vehicle operated under this waiver remains a commercial motor vehicle.
343.055(5)
(5) Rules. As soon as possible after the federal commercial motor vehicle safety act,
49 USC 31301 to
31317, or the regulations adopted under that act permit any commercial driver license waiver, the department shall promulgate rules governing eligibility for the waiver. This subsection applies to waivers not permitted by federal law on May 12, 1992.
343.06
343.06
Persons not to be licensed. 343.06(1)
(1) The department shall not issue a license:
343.06(1)(a)
(a) To any person whose operator's license or nonresident's operating privilege was withheld, suspended, revoked or canceled under the provisions of the law in effect prior to September 1, 1941, unless such person complies with the requirements of this chapter relative to obtaining a license or restoration of operating privileges after suspension, revocation or cancellation.
343.06(1)(b)
(b) To any person whose operating privilege has been suspended or revoked or is subject to immediate mandatory suspension or revocation under this chapter, except as otherwise expressly provided in this chapter.
343.06(1)(c)
(c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in
s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in
s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under
s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in
s. 343.07 (1). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under
s. 343.08 or
343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under
s. 343.16 (1) (c) and
(2) (cm) to
(e), no operator's license may be issued unless a driver's examination has been administered by the department.
343.06(1)(cm)
(cm) To operate "Class D" vehicles to any person under 18 years of age, unless the person has accumulated at least 30 hours of behind-the-wheel driving experience, at least 10 hours of which were during hours of darkness. Each hour of behind-the-wheel driving experience while accompanied by a qualified instructor, as defined in
s. 343.07 (5), shall be considered to be 2 hours of behind-the-wheel driving experience, except that no more than 5 hours of behind-the-wheel driving experience while accompanied by a qualified instructor may be counted in this manner. This paragraph does not apply to applicants for a restricted license under
s. 343.08 or a special restricted operator's license under
s. 343.135. The department may promulgate rules that waive the requirement of accumulating at least 30 hours of behind-the-wheel experience for qualified applicants who are licensed by another jurisdiction to operate "Class D" vehicles.
343.06(1)(d)
(d) To any person whose dependence on alcohol has attained such a degree that it interferes with his or her physical or mental health or social or economic functioning, or who is addicted to the use of controlled substances or controlled substance analogs, except that the secretary may issue a license if the person submits to an examination, evaluation or treatment in a treatment facility meeting the standards prescribed in
s. 51.45 (8) (a), as directed by the secretary, in accordance with
s. 343.16 (5).