AB150-ASA1-AA26,343,222 343.055 (5) (a) As soon as possible after the federal commercial motor vehicle
23safety act, 49 USC 2701 to 2716 31301 to 31317, or the regulations adopted under
24that act permit any commercial driver license waiver, the department shall

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1promulgate rules governing eligibility for the waiver. This subsection paragraph
2applies to waivers not permitted by federal law on May 12, 1992.

AB150-ASA1-AA26,343,54 343.055 (5) (b) Notwithstanding par. (a), the department shall promulgate
5rules for the waiver under sub. (1) (j).

AB150-ASA1-AA26,344,57 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a
8school program or high school equivalency program and is not a habitual truant as
9defined in s. 118.16 (1) (a), has graduated from high school or been granted a
10declaration of high school graduation equivalency or is enrolled in a home-based
11private educational program, as defined in s. 115.001 (3g), and has satisfactorily
12completed a course in driver education in public schools approved by the department
13of public instruction, or in technical colleges approved by the technical college system
14board, or in nonpublic and private schools which meet the minimum standards set
15by the department of public instruction, or has satisfactorily completed a
16substantially equivalent course in driver training approved by the department and
17given by a school licensed by the department under s. 343.61, or has satisfactorily
18completed a substantially equivalent course in driver education or training approved
19by another state and has attained the age of 16, except as provided in s. 343.07 (1).
20The department shall not issue a license to any person under the age of 18
21authorizing the operation of "Class M" vehicles unless the person has successfully
22completed a basic rider course approved by the department. The department may,
23by rule, exempt certain persons from the basic rider course requirement of this
24paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the
25driver education, basic rider or driver training course requirement. The secretary

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1shall prescribe rules for licensing of schools and instructors to qualify under this
2paragraph. The driver education course shall be made available to every eligible
3student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (f), no
4operator's license may be issued unless a driver's examination has been
5administered by the department.

AB150-ASA1-AA26,344,167 343.06 (2) After March 31, 1992, the The department shall not issue a
8commercial driver license, including a renewal, occupational or reinstated license,
9to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51
10or the law of another jurisdiction in substantial conformity therewith, as the result
11of one or more disqualifying offenses committed on or after July 1, 1987. Beginning
12on April 1, 1992, the department shall cancel any commercial driver license Any
13person who is known to the department to have been issued to a person who is
14disqualified be subject to disqualification under s. 343.315 (1) (a) shall be disqualified
15by the department, unless the required period of disqualification specified in s.
16343.315 for the disqualifying offense has already expired.

AB150-ASA1-AA26,344,19 18343.065 (title) Intrastate restricted Restricted commercial driver
19license.

AB150-ASA1-AA26,345,221 343.065 (1) If an applicant for a commercial driver license is less than 21 years
22of age or does not meet the physical qualifications for drivers contained in 49 CFR
23391 or an alternative federally approved driver qualification program established by
24the department by rule but is at least 18 years of age and otherwise qualified under
25this chapter and the rules of the department, the department may issue the

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1applicant a commercial driver license restricted to authorizing the operation of
2commercial motor vehicles only within this state and not in interstate commerce.

AB150-ASA1-AA26,345,64 343.065 (2) A commercial driver license issued under this section shall clearly
5identify that the license does not authorize the operation of commercial motor
6vehicles outside this state or in interstate commerce.

AB150-ASA1-AA26,345,128 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same
9incident or occurrence for which the person's license or operating privilege is
10currently revoked or suspended, the person's license or operating privilege was not
11revoked or suspended previously under this chapter or ch. 344 or s. 161.50 within the
12one-year period immediately preceding the present revocation or suspension.".

AB150-ASA1-AA26,345,2316 343.10 (10) (a) If the petitioner's commercial driver license has been suspended
17or revoked solely for a violation of s. 346.63 (1) or a local ordinance in conformity
18therewith or a law of a federally recognized American Indian tribe or band in this
19state in conformity with s. 346.63 (1) and the person was not operating a commercial
20motor vehicle at the time of the violation, a petition seeking issuance of an
21occupational license authorizing operation of "Class A", "Class B" or "Class C"
22vehicles may be filed directly with the department. The petition may also seek
23authorization to operate "Class D" or "Class M" vehicles.

AB150-ASA1-AA26,346,6

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1343.12 (2) (h) Prior to the initial issuance or renewal of the endorsement, takes
2and passes a special examination prescribed by the department and administered
3by the department or by a 3rd-party tester under s. 343.16 (1) (b) to determine his
4or her ability to safely operate a school bus. This special examination may include
5the examination required under sub. (3). The department may renew the
6endorsement without retesting the licensee, except under sub. (3).

AB150-ASA1-AA26,346,119 343.14 (3) (b) Any photograph taken of an applicant under par. (a) or s. 343.50
10(4) may be maintained by the department and shall be kept confidential. The
11department may release a photograph only to the following persons:

AB150-ASA1-AA26,346,1212 1. The person whose photograph was taken.

AB150-ASA1-AA26,346,1413 2. Any person authorized in writing by the person whose photograph was
14taken.

AB150-ASA1-AA26,346,1615 3. A law enforcement agency, a state agency or a federal governmental agency
16to perform a legally authorized function.

AB150-ASA1-AA26,346,1917 (c) Any person who has received a photograph under par. (b) shall keep the
18photograph confidential and may not disclose or reproduce it except as authorized.
19This paragraph does not apply to the person whose photograph was taken.

AB150-ASA1-AA26,347,2523 343.16 (1) (a) General. The department shall examine every applicant for an
24operator's license, including applicants for license renewal as provided in sub. (3),

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1and every applicant for authorization to operate a vehicle class or type for which the
2applicant does not hold currently valid authorization, other than an instruction
3permit. Except as provided in sub. (2) (cm) and (e) and s. 343.03 (8) (b) and (c), (e)
4and (f), the examinations of applicants for licenses authorizing operation of "Class
5A", "Class B", "Class C", "Class D" or "Class M" vehicles shall include both a
6knowledge test and an actual demonstration in the form of a driving skills test of the
7applicant's ability to exercise ordinary and reasonable control in the operation of a
8representative vehicle. The department shall not administer a driving skills test to
9a person applying for authorization to operate "Class M" vehicles who has failed 2
10previous such skills tests unless the person has successfully completed a rider course
11approved by the department. The department may, by rule, exempt certain persons
12from the rider course requirement of this paragraph. The driving skills of applicants
13for endorsements authorizing the operation of commercial motor vehicles equipped
14with air brakes, the transportation of passengers in commercial motor vehicles or the
15operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested
16by an actual demonstration of driving skills. The department may endorse an
17applicant's commercial driver license for transporting hazardous materials, or the
18operation of tank vehicles or vehicles towing double or triple trailers, as described
19in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In
20administering the knowledge test, the department shall attempt to accommodate
21any special needs of the applicant. The Except as may be required by the department
22for an "H" or "S" endorsement, the knowledge test is not intended to be a test for
23literacy or English language proficiency. This paragraph does not prohibit the
24department from requiring an applicant to correctly read and understand highway
25signs.

AB150-ASA1-AA26,348,102 343.16 (2) (f) "Class D" vehicle waiver. The department may, by rule, waive the
3driving skills test of a person applying for authorization to operate "Class D" vehicles
4who qualifies for issuance of a license under s. 343.06 (1) (c) if the applicant has
5successfully completed an enhanced course in driver education in public schools
6approved by the department of public instruction, or in technical colleges approved
7by the technical college system board, or in nonpublic and private schools which meet
8the minimum standards set by the department of public instruction, and the
9instructor in that course certifies that the applicant has satisfied the driving skills
10requirements of the course.

AB150-ASA1-AA26,348,1412 343.17 (3) (e) 1. "K" restriction, which restricts a person issued a license under
13s. 343.065 to from operating commercial motor vehicles only within this state and not
14in interstate commerce.

AB150-ASA1-AA26,348,1816 343.21 (1) (g) For removing a "K" restriction against operation of commercial
17motor vehicles outside this state or in interstate commerce, the same fee as for a
18duplicate license.

AB150-ASA1-AA26,348,2220 343.21 (1) (jm) For reinstatement of a previously disqualified authorization to
21operate a commercial motor vehicle, $50. This fee is not applicable to
22disqualifications under s. 343.315 (2) (g).

AB150-ASA1-AA26,349,3

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1343.21 (1) (m) For reinstatement of a previously canceled license or
2endorsement, $50. This fee includes reinstatement of any classification or
3endorsement applied for at the same time for which the applicant is qualified.

AB150-ASA1-AA26,350,95 343.23 (2) The department shall maintain a file for each licensee containing
6the application for license, permit or endorsement, a record of reports or abstract of
7convictions, the status of the licensee's authorization to operate different vehicle
8groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9)
9(am) and a record of any reportable accident in which the licensee has been involved,
10including specification of the type of license and endorsements issued under this
11chapter under which the licensee was operating at the time of the accident and an
12indication whether or not the accident occurred in the course of the licensee's
13employment as a law enforcement officer, fire fighter or emergency medical
14technician — paramedic or as a person engaged, by an authority in charge of the
15maintenance of the highway, in highway winter maintenance snow and ice removal
16during either a storm or cleanup following a storm. This information must be filed
17by the department so that the complete operator's record is available for the use of
18the secretary in determining whether operating privileges of such person shall be
19suspended, revoked, canceled or withheld in the interest of public safety. The record
20of suspensions, revocations and convictions that would be counted under s. 343.307
21(2) and of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be
22maintained for at least 10 years. The record of convictions for disqualifying offenses
23under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of
24convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
25maintained permanently, except that 5 years after a licensee transfers residency to

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1another state such record may be transferred to another state of licensure of the
2licensee if that state accepts responsibility for maintaining a permanent record of
3convictions for disqualifying offenses. Such reports and records may be cumulative
4beyond the period for which a license is granted, but the secretary, in exercising the
5power of revocation granted under s. 343.32 (2) may consider only those reports and
6records entered during the 4-year period immediately preceding the exercise of such
7power of revocation. For purposes of this subsection, "highway winter maintenance
8snow and ice removal" includes plowing, sanding, salting and the operation of
9vehicles in the delivery of those services.

AB150-ASA1-AA26,350,1111 343.245 (3) (b) 3. Is subject to an out-of-service order in any state; or

AB150-ASA1-AA26,350,1312 4. Has more than one operator's license, except during the 10-day period
13beginning on the date on which the employe is issued an operator's license.; or

AB150-ASA1-AA26,350,1615 343.245 (3) (b) 5. Does not possess a valid commercial driver license properly
16endorsed to permit operation of the vehicle.

AB150-ASA1-AA26,350,2018 343.245 (4) (b) Any person who violates sub. (3) (b) shall be fined not more than
19$5,000 less than $2,500 nor more than $10,000 or imprisoned for not more than 90
20days or both.

AB150-ASA1-AA26,351,323 343.265 (1) The department may accept the voluntary surrender of the
24operator's license of a person who has a mental or physical disability or disease or
25a medical condition which prevents or may prevent the person from exercising

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1reasonable control over a motor vehicle if the person's operating privilege is not
2subject to suspension or revocation for any reason and if either of the following
3conditions are satisfied:.

AB150-ASA1-AA26,351,176 343.28 (1) Whenever a person is convicted of a moving traffic violation under
7chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court
8in which the conviction occurred, or the justice, judge or magistrate of a court not
9having a clerk, shall, as provided in s. 345.48, forward to the department the record
10of such conviction. The record of conviction forwarded to the department shall state
11whether the offender was involved in an accident at the time of the offense, whether
12the offender was operating a commercial motor vehicle at the time of the offense and,
13if so, whether the offender was transporting hazardous materials or operating a
14vehicle designed to carry, or actually carrying, 16 or more passengers, including the
15driver. Whenever a person is convicted of exceeding a posted speed limit, the record
16of conviction forwarded to the department shall include the number of miles per hour
17in excess of the posted speed limit.

AB150-ASA1-AA26,352,419 343.28 (2) Whenever a person is convicted of any offense for which s. 343.31
20makes mandatory the revocation by the secretary of such person's operating
21privilege, the court in which the conviction occurred shall require the surrender to
22it of any license then held by such person. The clerk of the court, or the justice, judge
23or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the
24department the record of conviction and any surrendered licenses. The record of
25conviction forwarded to the department shall state whether the offender was

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1involved in an accident at the time of the offense, whether the offender was operating
2a commercial motor vehicle at the time of the offense and, if so, whether the offender
3was transporting hazardous materials or operating a vehicle designed to carry, or
4actually carrying, 16 or more passengers, including the driver.

AB150-ASA1-AA26,352,146 343.305 (10) (em) One penalty for improperly refusing to submit to a test for
7intoxication regarding a person arrested for a violation of s. 346.63 (2m) or (7) or a
8local ordinance in conformity therewith is revocation of the person's operating
9privilege for 6 months. After the first 15 days of the revocation period, the person
10is eligible for an occupational license under s. 343.10. Any such improper refusal or
11revocation for the refusal does not count as a prior refusal or a prior revocation under
12this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person shall not be
13required to submit to and comply with any assessment or driver safety plan under
14pars. (c) and (d).

AB150-ASA1-AA26,352,2316 343.315 (2) (f) (intro.) A person is disqualified for a period of 60 days from
17operating a commercial motor vehicle if convicted of 2 serious traffic violations, or
18and 120 days if convicted of 3 serious traffic violations, arising from separate
19occurrences committed within a 3-year period while driving or operating a
20commercial motor vehicle. The department shall consider only offenses committed
21on or after November 2, 1989 in applying 120-day period of disqualification under
22this paragraph shall be in addition to any other period of disqualification imposed
23under this paragraph. In this paragraph, "serious traffic violations" means:

AB150-ASA1-AA26,353,3

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1343.315 (2) (fm) A person is disqualified for a period of 60 days from operating
2a commercial motor vehicle if convicted of violating s. 343.14 (5) or 345.17, if the
3violation relates to an application for a commercial driver license.

AB150-ASA1-AA26,353,135 343.315 (2) (h) Except as provided in par. (i), a person is disqualified for a period
6of 90 days from operating a commercial motor vehicle if convicted of an
7out-of-service violation, or one year if convicted of 2 out-of-service violations, or 3
8years if convicted of 3 or more out-of-service violations, arising from separate
9occurrences committed within a 10-year period while driving or operating a
10commercial motor vehicle. A disqualification under this paragraph shall be in
11addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service
12violation" means violating s. 343.44 (1) by operating a commercial motor vehicle
13while ordered out-of-service under state or federal law.

AB150-ASA1-AA26,353,2215 343.315 (2) (i) If the violation listed in par. (h) occurred in the course of
16transporting hazardous materials or while operating a vehicle designed to carry, or
17actually carrying, 16 or more passengers, including the driver, the person shall be
18disqualified from operating a commercial motor vehicle for 180 days upon a first
19conviction, or for a 3-year period for a 2nd or subsequent conviction, arising from
20separate occurrences committed within a 10-year period while driving or operating
21a commercial motor vehicle. A disqualification under this paragraph shall be in
22addition to any penalty imposed under s. 343.44.

AB150-ASA1-AA26,354,1024 343.315 (3) (a) Notwithstanding s. 343.39, if a person's license or operating
25privilege is revoked or suspended as the result of an offense committed after March

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131, 1992, which results in disqualification under sub. (2), the department shall
2immediately disqualify the person from operating a commercial motor vehicle for the
3period required under sub. (2). The person's authorization to operate a commercial
4motor vehicle shall not be reinstated upon expiration of the period of revocation or
5suspension unless the period of disqualification has also expired. During any period
6of disqualification in which the person's license or operating privilege is not revoked
7or suspended, the department may issue an operator's license to the person for the
8operation of vehicles other than commercial motor vehicles. Upon expiration of the
9period of disqualification, the person may apply for authorization to operate
10commercial motor vehicles as provided in s. 343.14.

AB150-ASA1-AA26,354,2112 343.315 (3) (b) If a person's license or operating privilege is not otherwise
13revoked or suspended as the result of an offense committed after March 31, 1992,
14which results in disqualification under sub. (2) (a) to (f), (h) or (i), the department
15shall immediately cancel the person's license disqualify the person from operating
16a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h) or (i).
17 Upon proper application by the person and payment of a duplicate license fee, the
18department may issue a separate license authorizing only the operation of vehicles
19other than commercial motor vehicles. Upon expiration of the period of
20disqualification, the person may apply for authorization to operate commercial
21motor vehicles under s. 343.26.

AB150-ASA1-AA26,355,423 343.32 (4) In adopting rules for weighing traffic convictions by their
24seriousness under sub. (2), the secretary shall provide by rule for a reduction of up
25to 3 points if a person shows to the department satisfactory evidence of completion

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1of a rider course approved by the secretary. This subsection applies only to demerit
2points relating to violations committed before completion of the rider course by a
3person while driving or operating a Type 1 motorcycle. No person is eligible for more
4than one point reduction of up to 3 points under this subsection.

AB150-ASA1-AA26,355,7 6343.325 (title) Courts to report appeals; when appeal stays suspension
7or, revocation or disqualification.

AB150-ASA1-AA26,355,189 343.325 (2) Notwithstanding ss. 343.31, 343.315 and 343.32 and except as
10otherwise provided in sub. (4), the secretary shall not suspend or revoke a person's
11operating privilege or disqualify a person from operating a commercial motor vehicle
12on the basis of a conviction if the secretary receives from the court in which the
13conviction occurred a certificate stating that an appeal from the conviction has been
14taken. If the secretary receives such certificate after suspension or revocation of the
15operating privilege, the operating privilege shall be reinstated without requiring
16compliance with s. 343.38. If the secretary receives the certificate after suspension
17of the operating privilege or disqualification, the operating privilege or authorization
18to operate a commercial motor vehicle shall be reinstated automatically.

AB150-ASA1-AA26,356,520 343.325 (3) Whenever suspension or revocation of an operating privilege or a
21disqualification has been withheld as provided in sub. (2) and the department
22receives notice that the conviction in question has been affirmed on appeal or that
23the appeal has been dropped, the secretary shall suspend or revoke such operating
24privilege or disqualify the person from operating a commercial motor vehicle on the
25same basis as if the appeal had not been taken, but the period of suspension or,

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1revocation or disqualification shall run from the date of suspension or, revocation or
2disqualification following the affirmance of the conviction or dropping of the appeal,
3less any time the operating privilege had been suspended or revoked or the
4authorization to operate a commercial motor vehicle had been disqualified prior to
5the receipt by the secretary of the certificate under sub. (2).

AB150-ASA1-AA26,356,137 343.325 (3m) Whenever the suspension or revocation of an operating privilege
8or a disqualification has been rescinded or withheld because of administrative
9action, an appeal, or a court order to reopen, stay or vacate a conviction, suspension
10or, revocation or disqualification, and that suspension or, revocation or
11disqualification is subsequently reimposed, the period of suspension or, revocation
12or disqualification so reimposed shall be reduced by the period of suspension or,
13revocation or disqualification previously served.

AB150-ASA1-AA26,356,2115 343.325 (4) If a person whose suspension or , revocation or disqualification was
16stayed pursuant to sub. (2) is convicted of an offense for which revocation or
17disqualification is mandatory under s. 343.31 or 343.315, during the pendency of the
18appeal of the original conviction, the secretary shall forthwith revoke such person's
19operating privilege or disqualify the person from operating a commercial motor
20vehicle on account of the latter conviction, notwithstanding the appeal of either or
21both convictions.

AB150-ASA1-AA26,356,2523 343.325 (5) This section shall not prevent suspension or revocation of an
24operating privilege or a disqualification if there are grounds for suspension or,
25revocation or disqualification other than the conviction in question.

AB150-ASA1-AA26,357,52 343.325 (6) (a) If a court enters an order reopening, vacating or staying a
3conviction or a suspension or revocation of an operating privilege or a
4disqualification, the court shall promptly forward a copy of that order to the
5department.