Wisconsin Statutes 343.03 – Classified driver license system
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Terms Used In Wisconsin Statutes 343.03
- Conviction: A judgement of guilt against a criminal defendant.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motorcycle: has the meaning given in…. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) Compliance with federal standards.
343.03(1)(a) (a) The department shall institute a classified driver license system meeting all federal standards under 49 U.S. Code § 30304 (e) and 31301 to 31317 and 49 CFR 383 and 384.
(b) The department shall issue operator’s licenses in conformity with the classified driver license system to each licensee upon renewal, initial application, or cancellation under s. 343.26 (1).
(2) Authorizations to drive specific vehicle groups. The department shall clearly indicate on each operator’s license the class of vehicles that the licensee is authorized to operate. Additional authorization for the licensee to operate a vehicle type described in s. 343.04 (2) shall be shown by an endorsement, clearly indicated on the operator’s license. If the authorizations are restricted in any way, the restrictions shall be clearly indicated on the document.
(3) License variants. Except for restricted licenses under s. 343.08 or temporary licenses under s. 343.10, 343.11 (1) or (3), 343.16 (6) (b), or 343.305 (8) (a), each operator’s license issued by the department shall be in one of the following categories with a descriptive legend displayed on the top front side of the license document:
(a) Regular license. The standard license legend is “regular” or a readily recognizable abbreviation thereof. The regular license, without any express endorsements or restrictions as provided in this chapter, authorizes the licensee to operate only “class D” vehicles as described in s. 343.04 (1) (d), except as otherwise provided in this subsection. The license may be endorsed to permit operation of motorcycles or school buses that are not commercial motor vehicles. A regular license may be subject to restrictions.
(b) Commercial driver license. A license authorizing the operation of “Class A”, “Class B” or “Class C” vehicles, including a license issued under s. 343.065, shall be labeled “Commercial Driver License” or “CDL”. A commercial driver license may be endorsed to permit the operation of any other class or type of vehicle described in s. 343.04. A commercial driver license may be subject to restrictions.
(c) Motorcycle only license. Except as provided in par. (f), a license authorizing only the operation of “Class M” vehicles shall be labeled “Motorcycle Only”. A motorcycle only license may not be endorsed to permit the operation of any other class or type of vehicle. The license may be subject to restrictions.
(d) Special restricted license. A license issued under s. 343.135 shall be labeled “Special Restricted License” or a readily recognizable abbreviation thereof. The license may authorize the operation of only “Class D” vehicles and may not be endorsed to permit operation of the vehicle types described in s. 343.04 (2). The license may be subject to restrictions in addition to those provided in s. 343.135.
(e) Occupational license. A license issued under s. 343.10 authorizing only the operation of motor vehicles other than “Class A”, “Class B” or “Class C” vehicles shall be labeled “Occupational License”. An occupational license may authorize the operation of “Class D” or “Class M” vehicles, or both, but may not permit operation of the vehicle types described in s. 343.04 (2). The license may be subject to restrictions in addition to those provided in s. 343.10.
(f) Probationary license. If s. 343.085 applies, the license shall be labeled “Probationary” or a readily recognizable abbreviation thereof instead of as provided in par. (a) or (c). This paragraph does not apply to a license authorizing the operation of commercial motor vehicles.
(3m) Noncitizen limited-term license. If the issuance of any license described under sub. (3) requires the license applicant to present any documentary proof specified in s. 343.14 (2) (es) 2. to 7. or (im) 2m. b., the license shall display on the front side of the license, in addition to any legend or label described in sub. (3), a legend identifying the license as limited term or, if the license authorizes the operation of a commercial motor vehicle, as a nondomiciled license. This noncitizen limited-term license may not be renewed except as provided in s. 343.165 (4) (c). A nondomiciled license may not be issued to a resident of Canada or Mexico.
(3r) Real ID Noncompliant license. If any license described under sub. (3) is issued based upon the exception specified in s. 343.165 (7), the license shall, in addition to any legend or label described in sub. (3), be marked in a manner consistent with requirements under applicable federal law and regulations to indicate that the license is issued in accordance with P.L. Public Law 109-13″>109-13, section 202 (d) (11), and is not intended to be accepted by any federal agency for federal identification or any other official purpose.
(4) Elimination of multiple licenses. The department shall not knowingly issue more than one license to a person.
(5) Inquiries before issuance.
343.03(5)(a) (a) Before issuing or renewing any license under this chapter, the department shall obtain driver record information from the national driver registry and commercial driver license information system to determine whether the applicant holds a commercial driver license, or a license that is revoked, suspended or canceled, or is otherwise disqualified. If the applicant is currently licensed in another state, the department shall obtain information on the applicant’s license status with the state of licensure before issuing a license.
(b)
1. Before issuing or renewing a commercial driver license, the department shall, within the time period specified in 49 C.F.R. 384.232, request from any other jurisdiction that has issued an operator’s license or commercial driver license to the person within the previous 10 years the driving record of the person as required under 49 C.F.R. 384.206 (a) (2) (ii).
2. Subdivision 1. does not apply to a renewal of a person’s commercial driver license if the department has previously issued or renewed a commercial driver license after September 30, 2005, and, in connection with the previous issuance or renewal, the department recorded on the person’s driving record under s. 343.23 (2) (a) the date on which the operator’s record check under subd. 1. was performed.
(6) Release of records.
(a) Notwithstanding ss. 343.027, 343.14 (2j), and 343.237 (2), the department shall, upon request, provide to the commercial driver license information system and the driver licensing agencies of other jurisdictions any applicant or driver record information maintained by the department of transportation, including providing electronic access to any record or file under s. 343.23 (1) or (2).
(b) The department shall, upon request and within 30 days of the request, provide to the driver licensing agencies of other jurisdictions the driving record of any person currently or previously licensed by the department, as required under 49 C.F.R. 384.206 (a) (2) (iii).
(c) The department shall, upon request and within the time period specified in s. 343.23 (2) (am) 1. b. and c., provide the operating record file information specified in s. 343.23 (2) (am) 1. b. and c. to any of the following requesters:
1. The person holding the commercial driver license.
2. The U.S. secretary of transportation.
3. Any employer or prospective employer of the person holding the commercial driver license, after notice to such person.
4. Any driver licensing agency of another jurisdiction or law enforcement agency.
5. Any governmental entity having access to the commercial driver license information system.
(7) Notification of commercial driver license issuance and certain violations.
343.03(7)(a) (a) The department shall notify the commercial driver license information system within 10 days of an issuance, renewal or reinstatement of a commercial driver license, a commercial driver license upgrade authorizing the operation of a vehicle group not authorized on the prior commercial driver license, and of the surrender of a commercial driver license issued by another state.
(b) Within 10 days after the disqualification of the holder of a commercial driver license from operating a commercial motor vehicle for at least 60 days, or after the revocation, suspension, or cancellation of a commercial driver license for at least 60 days, the department shall notify the commercial driver license information system and, if the license was not issued by the department, the jurisdiction that issued the license of the disqualification, revocation, suspension, or cancellation and the violation that resulted in the disqualification, revocation, suspension, or cancellation.
(c) Within 10 days after a conviction of the holder of a commercial driver license issued by another jurisdiction for violating any state law or local ordinance of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator’s license issued by another jurisdiction, other than a commercial driver license, for any such violation while operating a commercial motor vehicle, the department shall notify the driver licensing agency of the jurisdiction that issued the license of the conviction.