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;
2019 a. 50;
2021 a. 23,
152;
2021 a. 240 s.
30.
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 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(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 if in connection with a prior application 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(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 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(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).