Wis. Stat. § 343.315 — WI Code / Chapter 343 / Section 343.315
Section 343.315
Status: in_force

4. Violating s. 346.07 (2) , 346.08 , 346.09 , 346.10 , 346.13 , 346.24 (3) or 346.34 (1) (a) 3. 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. 346.07 (2) , 346.08 , 346.09 , 346.10 , 346.13 , 346.24 (3) or 346.34 (1) (a) 3. or the law of another jurisdiction prohibiting improper or erratic lane changes or improper passing, or otherwise prohibiting the conduct described in sections 11-304 to 306 and 11-309 of the uniform vehicle code and model traffic ordinance (1987), as those or substantially similar terms are used in that jurisdiction’s law.

5. Violating s. 346.14 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. 346.14 or the law of another jurisdiction prohibiting following a vehicle too closely, or otherwise prohibiting the conduct described in section 11-310 of the uniform vehicle code and model traffic ordinance (1987), as those or substantially similar terms are used in that jurisdiction’s law.

6. Operating a commercial motor vehicle when the person has not obtained a commercial driver license.

7. Operating a commercial motor vehicle when the person does not have in his or her immediate possession the person’s commercial driver license document unless the person produces in court or in the office of the law enforcement officer that issued the citation, by the date that the person must appear in court or pay any fine or forfeiture with respect to the citation, a commercial driver license document issued to the person prior to the date of the citation and valid at the time of the citation.

8. Operating a commercial motor vehicle without the proper class of commercial driver license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

9. Violating s. 346.89 (3) (a) 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. 346.89 (3) (a) or the law of another jurisdiction prohibiting driving a motor vehicle while composing or sending an electronic text message or electronic mail message, as those or substantially similar terms are used in that jurisdiction’s law.

10. In this subdivision, “mobile telephone” has the meaning given in 49 CFR 390.5 . Violating s. 346.89 (4) (b) 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. 346.89 (4) (b) or the law of another jurisdiction prohibiting driving a commercial motor vehicle, as defined in 49 CFR 390.5 , while using a hand-held mobile telephone, as those or substantially similar terms are used in that jurisdiction’s law.

(fm) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if the person is convicted of violating s. 343.14 (5) or 345.17 and the violation of s. 343.14 (5) or 345.17 relates to an application for a commercial driver license or if the person’s commercial driver license is cancelled by the secretary under s. 343.25 (1) .

(fp) A person is disqualified for a period of one year from operating a commercial motor vehicle if the person’s commercial driver license is canceled by the secretary under s. 343.25 (5) .

(g) A person is disqualified from operating a commercial motor vehicle for the 24-hour period following issuance of a citation for violation of s. 346.63 (7) 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 (7) or issuance of an out-of-service order for violating 49 CFR 392.5 or the law of another jurisdiction in substantial conformity therewith.

(h) Except as provided in par. (i) , a person shall be disqualified for a period of 180 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or 2 years if convicted of 2 out-of-service violations, or 3 years if convicted of 3 or more out-of-service violations, arising from separate occurrences committed within a 10-year period while operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44 . In this paragraph, “out-of-service violation” means violating s. 343.44 (1) (c) or a law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of s. 343.44 (1) (c) , if the operator holds a commercial driver license or is required to hold a commercial driver license to operate the commercial motor vehicle.

(i) If the violation listed in par. (h) occurred in the course of transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73 , or while operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver, the person shall be disqualified from operating a commercial motor vehicle for 180 days upon a first conviction, or for 3 years for a 2nd or subsequent conviction, arising from separate occurrences committed within a 10-year period while operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44 .

(j) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of a railroad crossing violation, or 120 days if convicted of 2 railroad crossing violations or one year if convicted of 3 or more railroad crossing violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle. In this paragraph, “railroad crossing violation” means a violation of a federal, state, or local law, rule, or regulation, or the law of another jurisdiction, relating to any of the following offenses at a railroad crossing:

1. If the operator is not always required to stop the vehicle, failing to reduce speed and determine that the tracks are clear of any approaching railroad train or railroad track equipment.

2. If the operator is not always required to stop the vehicle, failing to stop before reaching the crossing if the tracks are not clear.

3. If the operator is always required to stop the vehicle, failing to do so before proceeding onto the crossing.

4. Failing to have sufficient space to proceed completely through the crossing without stopping the vehicle.

5. Failing to obey any official traffic control device or the directions of any traffic officer, railroad employee, or other enforcement official.

6. Failing to successfully proceed through the crossing because of insufficient undercarriage clearance.

(k) A person disqualified by federal authorities under 49 USC 31310 (f) and 49 CFR 383.52 on the basis that the person’s continued operation of a commercial motor vehicle would create an imminent hazard, as defined in 49 USC 5102 and 49 CFR 383.5 , is disqualified from operating a commercial motor vehicle for the period of disqualification determined by the federal authority upon receipt by the department of the notice of disqualification provided for in 49 CFR 383.52 (d) .

(L) If the department receives notice from another jurisdiction of a failure to comply violation by a person issued a commercial driver license by the department arising from the person’s failure to appear to contest a citation issued in that jurisdiction or failure to pay a judgment entered against the person in that jurisdiction, the person is disqualified from operating a commercial motor vehicle until the department receives notice from the other jurisdiction terminating the failure to comply violation except that the disqualification may not be less than 30 days nor more than 2 years.

(3) Effect of disqualification.

(a) If a person’s license or operating privilege is revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) , the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) . Notwithstanding s. 343.38 (3r) , the person’s authorization to operate a commercial motor vehicle shall not be reinstated upon expiration of the period of revocation or suspension unless the period of disqualification has also expired. During any period of disqualification in which the person’s license or operating privilege is not revoked or suspended, the department may issue an operator’s license to the person for the operation of vehicles other than commercial motor vehicles.

(b) If a person’s license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f) , (h) to (j) , or (L) , the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f) , (h) to (j) , or (L) . Upon proper application by the person and payment of the fees specified in s. 343.21 (1) (L) and (n) , the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles.

(bm) Notwithstanding pars. (a) and (b) and the time periods for disqualification specified in sub. (2) , if a person is convicted in another jurisdiction of a disqualifying offense specified in sub. (2) while the person is not licensed in or a resident of this state, that other jurisdiction disqualified the person from operating a commercial motor vehicle as a result of the conviction, and the period of disqualification in that other jurisdiction has expired, the department may not disqualify the person from operating a commercial motor vehicle as a result of the conviction.

(c) Nothing in this subsection exempts a person from reinstatement fees under s. 343.21 or complying with applicable provisions of s. 343.38 .

(d) Disqualifications shall be effective from the date of conviction of the disqualifying offense.

(4) Notification and commencement. The department shall send the notice of disqualification by 1st class mail to a person’s last-known residence address. A period of disqualification ordered under this section commences on the date on which the notice is sent under this subsection. This subsection does not apply to disqualifications under sub. (2) (g) .

History: 1989 a. 105 ; 1991 a. 39 , 277 ; 1995 a. 113 , 448 ; 1997 a. 84 , 258 ; 1999 a. 85 , 140 ; 2001 a. 38 , 109 ; 2003 a. 33 , 97 ; 2007 a. 20 ; 2009 a. 28 , 103 ; 2011 a. 32 , 101 , 244 , 258 ; 2011 a. 260 s. 81 ; 2013 a. 100 ; 2015 a. 77 , 123 .