343.165(8)(b)6.o. o. Department of homeland security/transportation security administration transportation worker identification credential.
343.165(8)(b)7. 7. In this paragraph, “ unavailable" means that the applicant does not have the document and would be required to pay a government agency to obtain it.
343.165(8)(c) (c) The administrator may delegate to the deputy administrator or to a bureau director, as described in s. 15.02 (3) (c) 2., whose regular responsibilities include driver licensing and identification card issuance, the authority to accept or reject such extraordinary proof of name, date of birth, or U.S. citizenship under this subsection.
343.165(8)(e) (e) The denial of a petition under par. (b) is subject to judicial review in the manner provided in ch. 227 for the review of administrative decisions.
343.165(8)(f) (f) If the administrator, or delegate described in par. (c), determines that an applicant has knowingly made a false statement or knowingly concealed a material fact or otherwise committed a fraud in an application, petition, or additional information, the department shall immediately suspend the investigation, shall notify the person in writing of the suspension and the reason for the suspension, and refer any suspected fraud to law enforcement.
343.165(8)(g) (g) A person whose petition is suspended or denied due to a failure to respond timely may revive the petition at any time by contacting the department to discuss the petition application. If a person revives a petition, the department shall immediately issue, and shall continue to reissue, an identification card receipt to the person as provided in s. 343.50 (1) (c) 2., except that the department shall first require the person to take a photograph if required under s. 343.50 (1) (c) 2.
343.165(8)(h) (h) The department shall grant a petition if the department concludes, on the basis of secondary documentation or other corroborating information, that it is more likely than not that the name, date of birth, and U.S. citizenship provided in the application is correct.
343.165 History History: 2007 a. 20; 2011 a. 23, 32; 2015 a. 193, 197; 2017 a. 365, 369.
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) (3) Contents.
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)2. 2. A photograph of the person, unless the exception under s. 343.14 (3m) applies.
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)5. 5. The person's signature.
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)7. 7. The name of this state.
343.17(3)(a)8. 8. The date of issuance of the license.
343.17(3)(a)9. 9. The date of expiration of the license.
343.17(3)(a)10. 10. A space for the sticker under s. 343.175 (3).
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.
343.17(3)(e)4. 4. “N" restriction, which prohibits a person from operating “Class A" and “Class B" passenger commercial motor vehicles.
343.17(3)(e)5. 5. “O" restriction, which prohibits a person from operating tractor-trailer commercial motor vehicles.
343.17(3)(e)6. 6. “V" restriction, which restricts a person from operating commercial motor vehicles without a medical variance.
343.17(3)(e)7. 7. “Z" restriction, which prohibits a person from operating commercial motor vehicles equipped with full air brakes.
343.17(4m) (4m) Lengthy special restrictions. If an operator's license is subject to restrictions that do not fit within the available space on the license document, the restrictions shall be provided to the licensee in a format determined by the department.
343.17(5) (5) No photos on temporary licenses. The temporary licenses issued under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b), and 343.305 (8) (a) shall be on forms provided by the department and shall contain the information required by sub. (3), except that temporary licenses under ss. 343.16 (6) (b) and 343.305 (8) (a) are not required to include a photograph of the licensee. This subsection does not apply to a noncitizen temporary license, as described in s. 343.03 (3m).
343.17(6) (6) Rules. Subject to subs. (2) and (3), the department shall promulgate rules setting the design and specifications for the license document and subsequent changes thereto.
343.175 343.175 Organ donor information.
343.175(1)(1)Department to solicit and record information. As part of every application for an original, duplicate, reinstated, reissued or renewal license or endorsement, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person. If a procurement organization, as defined in s. 157.06 (2) (p), reasonably identifies a person and requests the information recorded in the person's file under this subsection, the department shall promptly provide this information to the procurement organization.
343.175(1r) (1r) Department to provide information. In addition to the inquiry under sub. (1), if the applicant is at least 15 and one-half years of age, the department shall orally state to the applicant that he or she has the opportunity to indicate his or her willingness to be an organ donor. If the applicant indicates that he or she is undecided in response to the inquiry under sub. (1), the department shall provide the applicant with written information that all organ procurement organizations and the department have together developed. If the applicant makes an affirmative response to the inquiry under sub. (1), the department shall request at that time that the applicant write on the license the information that is specified under sub. (2) (ar) and affix a sticker, as described in sub. (3), to the front side of the license document.
343.175(2) (2) Record of gift or refusal.
343.175(2)(a) (a) Except as provided in par. (ag), 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).
343.175(2)(ag) (ag) The department shall print a separate document to be issued to all persons issued a commercial driver license and make provisions so that the document may be attached to the reverse side of the license document along one edge. This document shall serve as a record of gift under s. 157.06 (2) (t) or a record of refusal under s. 157.06 (2) (u).
343.175(2)(ar) (ar) If the person desires to be an organ donor, he or she may so indicate in the space provided on the license. The donor may supply information in the space provided on the license, including the specific body parts or organs to be donated, the name of the donee, the purpose for which the gift is made and the physician whom the donor wishes to carry out the appropriate procedures. The anatomical gift described on the license shall be signed by the licensee.
343.175(2)(b) (b) The licensee may revoke or amend his or her gift by crossing out the donor authorization in the space provided on the license or as otherwise prescribed in s. 157.06. The licensee may refuse to make an anatomical gift by so indicating in the space provided on the license or as otherwise prescribed in s. 157.06.
343.175(2)(c) (c) Persons authorizing gifts of their body parts remain subject to s. 157.06.
343.175(3) (3) Organ donor sticker. The department shall designate a space on the front side of the license document where the licensee may affix a sticker which indicates that the licensee is a potential donor of body organs or parts for the purposes of transplantation, therapy, medical research or education. The sticker shall not be larger than one-half inch in diameter and shall not conceal any of the contents required by s. 343.17 (3). The sticker shall be of a distinctive design and supplied to the donor by a nationally recognized organization that enlists donors of body organs or parts for the purposes of transplantation, therapy, medical research or education.
343.175 History History: 1989 a. 105, 298; 1995 a. 446; 2003 a. 33; 2007 a. 106.
343.18 343.18 License to be carried; verification of signature.
343.18(1)(1)Every licensee shall have his or her license document in his or her immediate possession at all times when operating a motor vehicle and shall display the license document upon demand from any judge, justice, or traffic officer.
343.18(1m) (1m)A person charged with violating sub. (1) may not be convicted if he or she produces in court or in the office of the arresting officer a license theretofore issued to the licensee and valid at the time of his or her arrest.
343.18(2) (2)For the purpose of verifying the signature on a license, any judge, justice or traffic officer may require the licensee to write the licensee's signature in the presence of such officer.
343.18(3) (3)
343.18(3)(a)(a) Except as provided in par. (c), any person who violates sub. (1) shall forfeit not more than $200.
343.18(3)(c) (c) If the person is operating a commercial motor vehicle at the time of the violation, any person who violates sub. (1) shall forfeit not less than $250 nor more than $2,500.
343.18 History History: 1989 a. 105; 1991 a. 316; 1997 a. 84; 2015 a. 77.
343.18 Annotation There is a public interest in permitting police to request a motorist's license and to run a status check on the license. State v. Ellenbecker, 159 Wis. 2d 91, 464 N.W.2d 427 (Ct. App. 1990).
343.18 Annotation Under Ellenbecker, it was reasonable for an officer who stopped a motorist whose vehicle and general appearance matched that of a criminal suspect to make a report of the incident, even if the officer had already decided that the driver was not the suspect. For that purpose, it was reasonable to ask for the motorist's name and identification. Once the motorist stated that he had no identification, there was a reasonable grounds for further detention. State v. Williams, 2002 WI App 306, 258 Wis. 2d 395, 655 N.W.2d 462, 02-0384.
343.19 343.19 Duplicate licenses or identification cards.
343.19(1)(1)If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of full legal name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies. If the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department.
343.19(1m) (1m)If a license issued under this chapter has been surrendered under s. 343.265 and has not expired, the person to whom the license was issued may obtain a duplicate license upon furnishing to the department the applicable information under sub. (1) and complying with the requirements for reissuance of a license after surrender provided under s. 343.265 (2).
343.19(2) (2)No person may knowingly make a false statement or fail to return the original license or identification card to the department upon finding it or fail to comply with any other requirement of this section relating to an application for any of the following:
343.19(2)(a) (a) A duplicate license.
343.19(2)(b) (b) A duplicate identification card.
343.19(4) (4)Any person who violates sub. (2) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
343.20 343.20 Expiration of licenses.
343.20(1)(1)
343.20(1)(a) (a) Except as otherwise expressly provided in this chapter, probationary licenses issued under s. 343.085 shall expire 2 years from the date of the applicant's next birthday. Licenses issued after cancellation shall expire on the expiration date for the prior license at the time of cancellation. Subject to s. 343.125 (3), all other licenses and license endorsements shall expire 8 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (b) and (d) shall be prorated accordingly.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7-1-19)