AB557-ASA2, s. 177 Section 177. 343.265 (1) (a) and (b) of the statutes are repealed.

AB557-ASA2, s. 178 Section 178. 343.28 (1) of the statutes is amended to read:

AB557-ASA2,57,22 343.28 (1) Whenever a person is convicted of a moving traffic violation under chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall, as provided in s. 345.48, forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials or operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver. Whenever a person is convicted of exceeding a posted speed limit, the record of conviction forwarded to the department shall include the number of miles per hour in excess of the posted speed limit.

AB557-ASA2, s. 179 Section 179. 343.28 (2) of the statutes is amended to read:

AB557-ASA2,58,9 343.28 (2) Whenever a person is convicted of any offense for which s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred shall require the surrender to it of any license then held by such person. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the department the record of conviction and any surrendered licenses. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials or operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.

AB557-ASA2, s. 180 Section 180. 343.305 (10) (em) of the statutes is amended to read:

AB557-ASA2,58,19 343.305 (10) (em) One penalty for improperly refusing to submit to a test for intoxication regarding a person arrested for a violation of s. 346.63 (2m) or (7) or a local ordinance in conformity therewith is revocation of the person's operating privilege for 6 months. After the first 15 days of the revocation period, the person is eligible for an occupational license under s. 343.10. Any such improper refusal or revocation for the refusal does not count as a prior refusal or a prior revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person shall not be required to submit to and comply with any assessment or driver safety plan under pars. (c) and (d).

AB557-ASA2, s. 181 Section 181. 343.315 (2) (f) (intro.) of the statutes is amended to read:

AB557-ASA2,59,3 343.315 (2) (f) (intro.) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of 2 serious traffic violations, or and 120 days if convicted of 3 serious traffic violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle. The department shall consider only offenses committed on or after November 2, 1989 in applying 120-day period of disqualification under this paragraph shall be in addition to any other period of disqualification imposed under this paragraph. In this paragraph, "serious traffic violations" means:

AB557-ASA2, s. 182 Section 182. 343.315 (2) (fm) of the statutes is created to read:

AB557-ASA2,59,7 343.315 (2) (fm) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of violating s. 343.14 (5) or 345.17, if the violation relates to an application for a commercial driver license.

AB557-ASA2, s. 183 Section 183. 343.315 (2) (h) of the statutes is created to read:

AB557-ASA2,59,17 343.315 (2) (h) Except as provided in par. (i), a person is disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or one year if convicted of 2 out-of-service violations, or 3 years if convicted of 3 or more out-of-service violations, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service violation" means violating s. 343.44 (1) by operating a commercial motor vehicle while ordered out-of-service under state or federal law.

AB557-ASA2, s. 184 Section 184. 343.315 (2) (i) of the statutes is created to read:

AB557-ASA2,60,2 343.315 (2) (i) If the violation listed in par. (h) occurred in the course of transporting hazardous materials or while operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver, the person shall be disqualified from operating a commercial motor vehicle for 180 days upon a first conviction, or for a 3-year period for a 2nd or subsequent conviction, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44.

AB557-ASA2, s. 185 Section 185. 343.315 (3) (a) of the statutes is amended to read:

AB557-ASA2,60,15 343.315 (3) (a) Notwithstanding s. 343.39, if a person's license or operating privilege is revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2). The person's authorization to operate a commercial motor vehicle shall not be reinstated upon expiration of the period of revocation or suspension unless the period of disqualification has also expired. During any period of disqualification in which the person's license or operating privilege is not revoked or suspended, the department may issue an operator's license to the person for the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles as provided in s. 343.14.

AB557-ASA2, s. 186 Section 186. 343.315 (3) (b) of the statutes is amended to read:

AB557-ASA2,61,2 343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h) or (i), the department shall immediately cancel the person's license disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h) or (i). Upon proper application by the person and payment of a duplicate license fee, the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.

AB557-ASA2, s. 187 Section 187. 343.32 (4) of the statutes is amended to read:

AB557-ASA2,61,10 343.32 (4) In adopting rules for weighing traffic convictions by their seriousness under sub. (2), the secretary shall provide by rule for a reduction of up to 3 points if a person shows to the department satisfactory evidence of completion of a rider course approved by the secretary. This subsection applies only to demerit points relating to violations committed before completion of the rider course by a person while driving or operating a Type 1 motorcycle. No person is eligible for more than one point reduction of up to 3 points under this subsection.

AB557-ASA2, s. 188 Section 188. 343.325 (title) of the statutes is amended to read:

AB557-ASA2,61,13 343.325 (title) Courts to report appeals; when appeal stays suspension or, revocation or disqualification.

AB557-ASA2, s. 189 Section 189. 343.325 (2) of the statutes is amended to read:

AB557-ASA2,61,24 343.325 (2) Notwithstanding ss. 343.31, 343.315 and 343.32 and except as otherwise provided in sub. (4), the secretary shall not suspend or revoke a person's operating privilege or disqualify a person from operating a commercial motor vehicle on the basis of a conviction if the secretary receives from the court in which the conviction occurred a certificate stating that an appeal from the conviction has been taken. If the secretary receives such certificate after suspension or revocation of the operating privilege, the operating privilege shall be reinstated without requiring compliance with s. 343.38. If the secretary receives the certificate after suspension of the operating privilege or disqualification, the operating privilege or authorization to operate a commercial motor vehicle shall be reinstated automatically.

AB557-ASA2, s. 190 Section 190. 343.325 (3) of the statutes is amended to read:

AB557-ASA2,62,11 343.325 (3) Whenever suspension or revocation of an operating privilege or a disqualification has been withheld as provided in sub. (2) and the department receives notice that the conviction in question has been affirmed on appeal or that the appeal has been dropped, the secretary shall suspend or revoke such operating privilege or disqualify the person from operating a commercial motor vehicle on the same basis as if the appeal had not been taken, but the period of suspension or, revocation or disqualification shall run from the date of suspension or, revocation or disqualification following the affirmance of the conviction or dropping of the appeal, less any time the operating privilege had been suspended or revoked or the authorization to operate a commercial motor vehicle had been disqualified prior to the receipt by the secretary of the certificate under sub. (2).

AB557-ASA2, s. 191 Section 191. 343.325 (3m) of the statutes is amended to read:

AB557-ASA2,62,19 343.325 (3m) Whenever the suspension or revocation of an operating privilege or a disqualification has been rescinded or withheld because of administrative action, an appeal, or a court order to reopen, stay or vacate a conviction, suspension or, revocation or disqualification, and that suspension or, revocation or disqualification is subsequently reimposed, the period of suspension or, revocation or disqualification so reimposed shall be reduced by the period of suspension or, revocation or disqualification previously served.