343.07(1)(d)1.
1. A licensed person 25 years of age or more, with at least 2 years' licensed driving experience, occupying the seat beside the permittee; or
343.07(1)(e)
(e) The permittee may operate a motor vehicle when accompanied by an authorized license examiner for the purpose of examining the permittee's ability to operate a motor vehicle.
343.07(1m)
(1m) Commercial motor vehicle and school bus instruction permits; issuance, restrictions. Upon application therefor by a person at least 18 years of age who holds a valid operator's license issued under this chapter and who, except for lack of training in the operation of a commercial motor vehicle or school bus, is qualified to obtain authorization for the operation of such vehicle including having passed the applicable knowledge tests, the department may issue an instruction permit for commercial motor vehicle or school bus operation. A permit limited to commercial motor vehicle instructional operation entitles the permittee to operate only a commercial motor vehicle upon the highways. A permit limited to school bus instructional operation entitles the permittee to operate only a school bus upon the highways. Both permits are subject to the following restrictions:
343.07(1m)(a)
(a) Except as provided in
par. (am), the permittee may not operate a commercial motor vehicle or school bus unless accompanied by a qualified instructor or a licensed person 21 years of age or older with a valid license authorizing the person to operate such vehicle, occupying the seating position nearest to the driver. No passengers are allowed in the vehicle, except that when the accompanying operator is a qualified instructor up to 3 other permittees also being trained may occupy seats in the vehicle. The permittee may operate a commercial motor vehicle carrying property under this paragraph.
343.07(1m)(am)1.1. A permittee may operate a commercial motor vehicle or school bus, other than a vehicle type specified in
s. 343.04 (2) (a),
(c) or
(f), within this state unaccompanied by a qualified instructor or a licensed person 25 years of age or older with at least 2 years of licensed driving experience in a representative vehicle and a valid license authorizing the person to operate such vehicle if the permittee has taken and passed the applicable knowledge tests and all of the following requirements are met:
343.07(1m)(am)1.a.
a. The permittee is operating the vehicle in connection with a driver training course or program approved by the department.
343.07(1m)(am)1.b.
b. The vehicle is being used by the permittee exclusively for driver training purposes and not for the purposes of carrying property or passengers.
343.07(1m)(am)1.c.
c. Direct, uninterrupted audio or audiovisual electronic communication between a qualified instructor and the permittee is maintained at all times the permittee is operating the vehicle.
343.07(1m)(am)2.
2. This paragraph shall apply to the extent permitted under federal law.
343.07(1m)(b)
(b) Unless the permittee is at least 21 years of age, the instruction permit is not valid authorization for operation in interstate commerce and that lack of authorization shall be clearly indicated on the permit.
343.07(1m)(c)
(c) The permittee may operate a commercial motor vehicle or school bus when accompanied by an authorized license examiner for the purpose of examining his or her ability to operate a commercial motor vehicle or school bus.
343.07(2)
(2) Training certificate required. Except for persons who qualify for a license under
s. 343.08, the department shall not issue an instruction permit to anyone under 18 years of age, unless it has a certificate from the applicant's qualified instructor to the effect that the applicant is enrolled in an approved driver education and training course for the purpose of the practice driving phase.
343.07(3)
(3) Duration; cancellation. An instruction permit shall be valid for 6 months except that it may be canceled upon receipt of information, by the secretary, of noncompletion or unsatisfactory completion of a driver education and training course by a permittee under the age of 18.
343.07(4)
(4) Instruction permits; Type 1 motorcycle, motor bicycle and moped. 343.07(4)(a)(a) Upon application by a person who qualifies for issuance of a license under
s. 343.06 (1) (c) and who wishes to qualify for the operation of a Type 1 motorcycle, the department may issue an instruction permit for the operation of "Class M" vehicles.
343.07(4)(b)
(b) The permit for Type 1 motorcycle operation shall be valid for 6 months. The department shall issue no more than 3 permits for Type 1 motorcycle operation to a person unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The permit for Type 1 motorcycle operation entitles the permittee to operate a Type 1 motorcycle subject to the following restrictions:
343.07(4)(b)1.
1. No passenger may accompany the permittee except that a person with at least 2 years of licensed driving experience and whose license is endorsed for Type 1 motorcycle operation may ride as a passenger-instructor.
343.07(4)(b)2.
2. The permittee may not operate a Type 1 motorcycle during hours of darkness unless accompanied by a licensed person 25 years of age or more and meeting the requirements of
subd. 1.
343.07(4)(c)
(c) The permit for moped and motor bicycle operation shall be valid for 6 months and entitles the permittee to operate a moped or motor bicycle subject to restrictions specified by the department by rule.
343.07(5)
(5) Definition. In this section, "qualified instructor" means a person employed by a public or private school, holding an operator's license and meeting the teaching certification standards of the department of education or the technical college system board to teach driver education, or an instructor of a school licensed under
s. 343.61, or a teacher or student teacher in a driver education course for teachers conducted by an institution of higher education.
Effective date note
NOTE: Sub. (5) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(5) Definition. In this section, "qualified instructor" means a person employed by a public or private school, holding an operator's license and meeting the teaching certification standards of the department of public instruction or the technical college system board to teach driver education, or an instructor of a school licensed under s. 343.61, or a teacher or student teacher in a driver education course for teachers conducted by an institution of higher education.
343.07(6)
(6) Special instructional permits. This section does not apply to instructional permits issued under
s. 343.075.
343.07 Annotation
Although the liability of a passenger-teacher for the negligence of his student driver has generally been based on principles of agency, the passenger's liability may also arise from violation of an independent duty to supervise and control the automobile based upon his agreement, as an experienced driver, to instruct and supervise an inexperienced driver, as required by 343.07, for the protection of third persons on the highway. Hoeft v. Friedel, 70 W (2d) 1022, 235 NW (2d) 918.
343.075
343.075
Instructional permits for applicants for special restricted operators' licenses. The department may require an applicant for a special restricted operator's license under
s. 343.135 to first obtain an instructional permit if the department deems it advisable. The department shall determine the requirements for issuance of an instructional permit under this section and the restrictions, if any, on such permits.
343.075 History
History: 1979 c. 345.
343.08
343.08
Restricted licenses for persons under 18 years of age. 343.08(1)(1) Upon application therefor, the department may issue a restricted license to a person who is at least 14 and less than 18 years of age if the following conditions, in addition to any others specified in this chapter, are fulfilled:
343.08(1)(a)
(a) The department must be satisfied that it is necessary for the applicant to operate an automobile, farm truck, dual purpose farm truck, Type 1 motorcycle powered with an engine of not more than 125 cubic centimeters displacement, Type 2 motorcycle, moped or motor bicycle owned and registered by the applicant's parent or guardian or a farm truck leased to the applicant's parent or guardian.
343.08(1)(b)
(b) The applicant, accompanied by a parent or guardian, must have appeared in person before an examining officer with a certificate of birth to show that the applicant is at least 14 years of age.
343.08(1)(c)
(c) The applicant must have passed an examination as specified in
s. 343.16, including a test of the applicant's ability to safely operate the type of vehicle which the applicant is making application for license to operate.
343.08(2)(a)(a) A restricted license issued pursuant to this section is valid only until the licensee secures an operator's license issued pursuant to
s. 343.03 or reaches 18 years of age and, except as provided in
par. (b), entitles the licensee to operate an automobile, farm truck, dual purpose farm truck, Type 1 motorcycle powered with an engine of not more than 125 cubic centimeters displacement, Type 2 motorcycle, moped or motor bicycle owned and registered by the licensee's parent or guardian or a farm truck leased to the licensee's parent or guardian or any combination of these vehicles, depending on the restrictions placed by the department on the particular license.
343.08(2)(b)
(b) A license issued pursuant to this section does not authorize the licensee to operate any such vehicle during hours of darkness or to operate a vehicle for hire or in a city having a population of 500,000 or more or to operate a school bus or a commercial motor vehicle, including a farm truck or dual purpose farm truck defined as a commercial motor vehicle, or taxicab.
343.085
343.085
Probationary licenses to new drivers. 343.085(1)(1) Except as provided in
sub. (2), the department shall issue a probationary license to all applicants for an original license. The probationary license shall remain in effect during the entire period of the first issuance of the original license.
343.085(2)(a)(a) Any person moving to this state who has been licensed in another jurisdiction for at least 3 years, who presently holds a license, other than an instruction permit, from another jurisdiction which has not expired for more than 6 months and who has passed the person's 21st birthday is exempt from this section.
343.085(2)(b)
(b) Applicants issued a commercial driver license are exempt from this section.
343.085(3)
(3) The secretary may suspend a person's operating privilege under this section when such person has been assigned sufficient demerit points after conviction for traffic violations to require suspension under the rule adopted under
sub. (5) and either holds a license issued under this section or by age comes under this section. The secretary may revoke such a person's operating privilege under this section if such person has a previous suspension under this section.
343.085(4)
(4) The secretary may require that a person be continued on probationary status beyond the period of first issuance if such person appears by the records of the department to have repeatedly violated any of the state traffic laws or any local ordinance in conformity therewith or any law of a federally recognized American Indian tribe or band in this state in conformity with any of the state traffic laws. A person may not be continued on probationary status due to a suspension under
s. 343.30 (6).
343.085(5)
(5) For the purpose of determining when to suspend or to continue a person on probationary status, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may change such weighted scale from time to time as experience or the accident frequency in the state makes necessary or desirable. Such scale may be weighted differently for this licensee than the scale used to determine revocations under
s. 343.32.
343.085 Annotation
See note to 343.32, citing Best v. State, 99 W (2d) 495, 299 NW (2d) 604 (Ct. App. 1980).
343.10
343.10
Occupational licenses. 343.10(1)
(1)
Application for occupational license. 343.10(1)(a)(a) If a person's license or operating privilege is revoked or suspended under this chapter or
s. 767.303 or
961.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in
sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or
s. 161.50 [767.303 or 961.50], except that this limitation does not apply to an application to amend an occupational license restriction.
343.10 Note
NOTE: Par. (a) is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language is the intended reference. Corrective legislation is pending.
343.10(1)(b)
(b) The application shall be in a form established by the department and shall identify the specific motor vehicle that the applicant seeks authorization to operate, including the vehicle classification and any required endorsements. The application shall include an explanation of why operating the motor vehicle is essential to the person's livelihood and identify the person's occupation or trade. The application shall identify the applicant's employer, and include proof of financial responsibility as specified in
s. 343.38 (1) (c) covering the vehicle or vehicles that the applicant requests authorization to operate. The application shall identify the hours of operation and routes of travel being requested by the applicant in accord with the restrictions of
sub. (5). The applicant shall certify whether, to the best of personal knowledge, he or she is disqualified under
s. 343.315.
343.10(1)(d)
(d) If the applicant's commercial driver license has been suspended or revoked for a violation of
s. 346.63 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (1) and the person was not operating a commercial motor vehicle at the time of the violation, an application seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed with the department. The application may also seek authorization to operate "Class D" or "Class M" vehicles.
343.10(1)(e)
(e) If the applicant's commercial driver license has been suspended or revoked under
s. 343.32 (2), an application seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed with the department. The application may also seek authorization to operate "Class D" or "Class M" vehicles.
343.10(1)(f)
(f) If the applicant's commercial driver license has been suspended or revoked under
ch. 344, an application seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed with the department. The application may not seek authorization to operate "Class D" or "Class M" vehicles.
343.10(2)(a)(a) Except as provided in
pars. (b) to
(e), a person is eligible for an occupational license if the following conditions are satisfied:
343.10(2)(a)1.
1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under this chapter or
ch. 344 or
s. 161.50 [961.50] within the one-year period immediately preceding the present revocation or suspension, except as provided in
s. 344.40.
343.10 Note
NOTE: The bracketed language indicates the correct cross-reference. Section 161.50 was renumbered by
1995 Wis. Act 448. Corrective legislation is pending.
343.10(2)(a)2.
2. The person files proof of financial responsibility as specified under
s. 343.38 (1) (c) covering all vehicles for which the person seeks permission to operate.
343.10(2)(a)3.
3. The person surrenders his or her former operator's license unless the license is already in the possession of the court or the department.
343.10(2)(a)4.
4. At least 15 days have elapsed since the date of revocation or suspension, or, in the case of an appeal that is subsequently dismissed or affirmed, at least 15 days have elapsed since the date of revocation or suspension following the dismissal or affirmance of the appeal, unless another minimum waiting period or immediate eligibility is expressly provided by law.
343.10(2)(b)
(b) No occupational license may permit the operation of any motor vehicles for which the applicant did not hold valid authorization at the time of revocation or suspension of the person's license or operating privilege.
343.10(2)(c)
(c) No occupational license permitting the operation of a commercial motor vehicle may be granted to a person during a period of disqualification under
s. 343.315.
343.10(2)(d)
(d) A person whose operating privilege is revoked under
ch. 351 is not eligible for an occupational license except as provided in
s. 351.07.
343.10(2)(e)
(e) If the court orders a person to submit to and comply with an assessment and driver safety plan and if the person has 2 or more prior convictions, suspensions or revocations, as counted under
s. 343.307 (1), no occupational license may be granted until the person has completed the assessment and is complying with the driver safety plan.
343.10(3)(a)(a) If satisfied that the person is eligible under
sub. (2), the department shall consider the number and seriousness of prior traffic convictions in determining whether to issue an occupational license and what restrictions to specify. Notwithstanding
s. 343.40, the denial by the department of an application for an occupational license is not subject to judicial review.
343.10(3)(b)
(b) The department shall inform a person whose application for an occupational license under
sub. (1) is denied in whole or in part of the specific reasons for the denial and that he or she may file one petition for an occupational license under
sub. (4).
343.10(4)
(4) Petition for occupational license. 343.10(4)(a)(a) A person whose application for an occupational license under
sub. (1) is denied in whole or in part may file a petition with the clerk of the circuit court in the county in which the person resides for an order authorizing the issuance of an occupational license to the person. No person may file a petition under this paragraph unless he or she first pays the fee specified in
s. 814.61 (14) to the clerk of the circuit court. The person's petition shall include a copy of the person's current operating record under
s. 343.23 (2) and the reasons why the person should be granted an occupational license. The court shall consider the number and seriousness of prior traffic convictions in determining whether to grant the petition and shall state, in writing, its reasons for granting or denying the petition. No person may file more than one petition with respect to a denial of an application for an occupational license under
sub. (1).
343.10(4)(b)
(b) If the court grants the petition, the court shall issue an order authorizing the issuance of an occupational license to the person. The order for issuance of an occupational license shall include definite restrictions as to hours of the day, hours per week, type of occupation and areas or routes of travel to be permitted under the license as provided in
sub. (5). A copy of the order shall be forwarded to the department. Upon receipt of the court order, the petitioner shall be considered an applicant by the department for purposes of this section. The occupational license issued by the department under this paragraph shall contain the restrictions ordered by the court. If the court denies the petition, the clerk of the court shall notify the department of the denial of the petition.
343.10(4)(c)
(c) The department shall not issue an occupational license to a person upon receipt of an order from a court under this subsection if the person appears by the records of the department to have filed more than one petition with a court for an occupational license under this subsection.
343.10(5)
(5) Restrictions and limitations on occupational license. 343.10(5)(a)1.1. In addition to any restrictions appearing on the former operator's license of the applicant, the occupational license shall contain definite restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes of travel which are permitted under the license. The occupational license may permit travel to and from church during specified hours if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The occupational license may permit travel necessary to comply with a driver safety plan ordered under
s. 343.30 (1q) or
343.305 if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The occupational license may contain restrictions on the use of alcohol and of controlled substances and controlled substance analogs in violation of
s. 961.41.
343.10 Note
NOTE: Subd. 1. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
343.10(5)(a)2.
2. If the applicant has 2 or more convictions, suspensions or revocations, as counted under
s. 343.307 (1), the occupational license shall prohibit the applicant from driving or operating a motor vehicle while he or she has an alcohol concentration of more than 0.0.
343.10 Note
NOTE: Subd. 2. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
343.10(5)(a)3.
3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under
s. 343.307 (1), the occupational license of the applicant may restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device as provided under
s. 346.65 (6). A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device.
343.10 Note
NOTE: Par. (b) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
343.10(6)
(6) Fee. No person may file an application for an occupational license under
sub. (1) unless he or she first pays a fee of $40 to the department [59.25 (3) (m)].
343.10 Note
NOTE: Sub. (6) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by
1995 Wis. Act 201, but was rendered superfluous by the treatment of this provision by
1995 Wis. Act 269. Corrective legislation is pending.
343.10(7)
(7) Department to issue occupational license. 343.10(7)(b)(b) The department shall issue an occupational license as soon as practicable upon receipt of an application to the department under
sub. (1) or an order from a court under
sub. (4) or
s. 351.07 for such a license, if the department determines that the applicant is eligible under
sub. (2).
343.10(7)(c)
(c) If the person is disqualified under
s. 343.315 but otherwise eligible under
sub. (2), the department shall issue an occupational license authorizing operation only of vehicles other than commercial motor vehicles.
343.10(7)(cm)
(cm) If the occupational license includes the restriction specified in
sub. (5) (a) 3., the department shall not issue the occupational license until the applicant provides evidence satisfactory to the department that any motor vehicle that the applicant will be permitted to operate has been equipped with a functioning ignition interlock device.
