reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.235 - Access to license and identification card records.

343.235
Access to license and identification card records.
(1)
In this section:
(a)
“Agent" means an authorized person who acts on behalf of or at the direction of another person.
(b)
“Insurer" has the meaning given in s. 600.03 (27).
(c)
“Personal identifier" has the meaning given in s. 85.103 (1).
(d)
“State authority" has the meaning given in s. 19.62 (8).
(2)
In providing copies under s. 19.35 (1) (a) of any written information collected or prepared under this chapter which consists in whole or in part of the personal identifiers of 10 or more persons, the department may not disclose a personal identifier of any person who has made a designation under s. 85.103 (2) or (3).
(3)
Subsection (2) does not apply to any of the following:
(a)
A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, a federal governmental agency, or the commission to perform a legally authorized function.
(b)
An insurer authorized to write property and casualty or life, disability or long-term care insurance in this state or an agent of the insurer, if the insurer or agent uses the personal identifiers for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim. Notwithstanding sub. (5), no insurer, or agent of an insurer, may disclose to another person for marketing purposes any personal identifier received under this paragraph.
(5)
Any person who has received under sub. (3) a personal identifier of any person who has made a designation under s. 85.103 (2) or (3) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under sub. (3).
(6)
(a)
Any person who discloses a personal identifier in violation of this section may be required to forfeit not more than $500 for each violation.
(b)
Any person who requests or obtains a personal identifier from the department under this section under false pretenses may be required to forfeit not more than $500 for each violation.
(c)
Paragraphs (a) and (b) do not apply to a legal custodian under s. 19.33 of the department.
History:  1991 a. 269; 1999 a. 88; 2007 a. 20, 27; 2009 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.247 - Employer notification program.

343.247
Employer notification program.
(1)
In this section:
(a)
“Employee" has the meaning given in s. 343.245 (1) (a) and also includes any person whose employment responsibilities include the operation of any motor vehicle.
(b)
“Employer" has the meaning given in s. 343.245 (1) (b) and also includes any person, including the state or a political subdivision thereof, who employs a person whose employment responsibilities include the operation of any motor vehicle.
(2)
(a)
The department shall establish by rule an employer notification program to permit an employer to register the name of an employee and be notified by the department whenever a conviction or suspension, revocation, cancellation, disqualification or out-of-service order is recorded on the operating record of the employee. An employer may withdraw an employee's name from the program at any time.
(b)
The department shall establish and collect reasonable fees from employers in the program sufficient to defray the costs of instituting and maintaining the program, including the registration and withdrawal of employees. The fee for each notification by the department to an employer under par. (a) shall be $5.
History:  2009 a. 326 ss. 2 to 4.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.25 - Cancellation of licenses.

343.25
Cancellation of licenses.
The secretary shall cancel a license:
(1)
Whenever the secretary determines that the license or endorsement was issued upon an application which contains a false statement as to any material matter; or
(2)
Within 10 days after receiving a written request from a person who signed the application of a person under 18 years of age, or a notice of cancellation or termination of insurance, as provided in s. 343.15; or
(3)
When the license is held by a person under 18 years of age and the secretary receives satisfactory evidence of the death of the adult who signed the application for the license; or
(4)
When the person holding the license falls into one of the classes of persons to whom the law prohibits issuance of a license or a particular endorsement; or
(5)
Whenever the secretary determines that a person has secured a license or endorsement, or attempted to secure a license or endorsement, by hiring or permitting another to appear in the person's place to take an examination or otherwise gaining or attempting to gain a passing score on an examination by fraud or otherwise obtain a commercial license or endorsement by fraud; or
(6)
Whenever the secretary determines that a license has been altered and returned for cancellation under s. 343.43 (2); or
(7)
When a person who has been ordered to submit to an examination under s. 343.16 or to appear for either group or individual counseling or examination under s. 343.32 (2) fails or refuses to do so. Such cancellation shall continue until compliance with the order has been made or the order is rescinded.
History:  1975 c. 5, 199; 1977 c. 29 s. 1654 (7) (c); 1989 a. 105, 359; 2015 a. 123.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.26 - License after cancellation.

343.26
License after cancellation.
(1)
Except as provided in sub. (2), any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and all required fees, and after processing the application as provided in s. 343.165, the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in s. 343.16.
(2)
If a person's license has been canceled under s. 343.25 (2) or (3), or canceled because of the person's nonpayment of a fee, the person's license may be reinstated as provided in s. 343.38 (3g).
History:  1977 c. 29 s. 1654 (7) (a), (c); 2007 a. 20; 2009 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.265 - Voluntary surrender and reissuance after surrender.

343.265
Voluntary surrender and reissuance after surrender.
(1)
The department may accept the voluntary surrender of the operator's license of a person who has a mental or physical disability or disease or a medical condition which prevents or may prevent the person from exercising reasonable control over a motor vehicle if the person's operating privilege is not subject to suspension or revocation for any reason.
(1m)
The department may accept the voluntary surrender of the operator's license of a person who no longer intends to exercise the privilege of operating a vehicle class or type authorized by that license, if the person's operating privilege is not subject to suspension or revocation for any reason. The department may issue a license under sub. (2), omitting the authorizations to operate a vehicle class or type that the person has relinquished.
(1r)
Notwithstanding sub. (1), the department shall accept the voluntary surrender of an “H" endorsement specified in s. 343.17 (3) (d) 1m. Upon accepting the surrender, the department shall immediately cancel the endorsement if the licensee is not eligible for the endorsement. Following cancellation under this subsection, the department shall take the actions required in s. 343.125 (4) (a) and (b). Upon accepting the surrender from a person to whom the department would not be prohibited from issuing an “H" endorsement, the department may remove that endorsement from the licensee's commercial driver license as a temporary surrender. The department may not issue an “H" endorsement to any person whose “H" endorsement is removed as a temporary surrender under this subsection unless the person applies for initial issuance of an “H" endorsement.
(2)
A person whose voluntary surrender of license under sub. (1) or (1m) has been accepted by the department may apply for a duplicate license under s. 343.19, or, if the person's license has expired during the period of surrender, a renewal license, at any time. Upon receipt of the person's application and the applicable fees under s. 343.21, the department shall issue or deny the license as provided in this subchapter. The department may require the person to submit to an examination under s. 343.16 (5).
History:  1987 a. 40; 1989 a. 105; 1995 a. 113; 2003 a. 33; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.28 - Courts to report convictions and forward licenses to the department.

343.28
Courts to report convictions and forward licenses to the department.
(1)
Whenever a person is convicted of a moving traffic violation under chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall, as provided in s. 345.48, forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver. Whenever a person is convicted of exceeding a posted speed limit, the record of conviction forwarded to the department shall include the number of miles per hour in excess of the posted speed limit.
(2)
Whenever a person is convicted of any offense for which s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred may require the surrender to it of any license then held by such person. If the court requires surrender of a license, the court shall destroy the license. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the department the record of conviction, which shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.
(3)
If a person is convicted of committing a violation as defined by s. 343.30 (6) (a), the clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the department the record of conviction.
(4)
Any person who fails to comply with any provision of this section relative to forwarding records of convictions to the department may be fined not more than $100 or imprisoned not more than 6 months or both.
History:  1971 c. 278; 1977 c. 29 s. 1654 (7) (a), (c); 1977 c. 273; 1979 c. 331; 1989 a. 105; 1995 a. 113; 1999 a. 140; 2003 a. 33; 2009 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.33 - Hearing on suspensions and revocations.

343.33
Hearing on suspensions and revocations.
(1)
Whenever the department under authority of s. 343.32 or 343.34 revokes or suspends a person's operating privilege, the department shall immediately notify such person thereof in writing and upon his or her request shall afford him or her an opportunity for a hearing on the revocation or suspension unless the department is satisfied from the records and information in its possession that a hearing is not warranted. If the department is not so satisfied and the person requests a hearing, the department shall hold a hearing as soon as practicable and in any event within 20 days after receipt of the request therefor. If the person requesting the hearing is a resident of this state, the department shall fix the place of the hearing as close as practicable to the applicant's residence and in no event shall it be set for a place not in the county of the applicant's residence or a county contiguous thereto without the consent of the applicant. If the applicant is a nonresident, the department shall determine the place of the hearing. Any person who fails without cause to appear at the time and place specified in the notice served on him or her forfeits the right to a hearing.
(2)
Upon the hearing, the department or its hearing examiner may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. No law enforcement officer or other witness produced by the person who has requested a hearing to testify on his or her behalf shall be paid a witness fee by the department nor shall any law enforcement officer called to appear for the department be paid any witness fee. All testimony shall be taken and transcribed.
(3)
Upon completion of the hearing, the department shall make findings of fact and shall either let the order of suspension or revocation stand or, upon good cause appearing therefor, rescind the order or modify the period of suspension or revocation.
History:  1977 c. 29 ss. 1460, 1654 (7) (a), (c); 1977 c. 418; 1981 c. 347 s. 80 (2); 1989 a. 72; 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.34 - Suspension of licenses.

343.34
Suspension of licenses.
The secretary may suspend operating privileges under this section under the following circumstances:
(1)
Whenever the secretary is satisfied that a person has violated a restriction on the license and that it is in the interests of public safety to suspend the license, the secretary shall suspend such license for a period not exceeding one year unless the violation is cause for revocation.
(2)
When a person has been convicted under s. 343.16 (7) (b).
History:  1971 c. 164 s. 82; 1975 c. 5; 1977 c. 29 s. 1654 (7) (c); 1977 c. 273; 1989 a. 105; 1991 a. 269.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.345 - Restriction, limitation or suspension of operating privilege.

343.345
Restriction, limitation or suspension of operating privilege.
The department shall restrict, limit or suspend a person's operating privilege if the person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.
History:  1997 a. 191; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.35 - Surrender of licenses upon cancellation, revocation or suspension.

343.35
Surrender of licenses upon cancellation, revocation or suspension.
(1)
The department may order any person whose operating privilege has been canceled, revoked or suspended to surrender his or her license or licenses to the department. The department may order any person who is in possession of a canceled, revoked or suspended license of another to surrender the license to the department.
(2)
Any person who fails to surrender a license as required by this section may be required to forfeit not more than $100.
(3)
The secretary or an appointed agent may take possession of any license required to be surrendered to the department or may direct any traffic officer to take possession thereof and return it to the department.
History:  1971 c. 278; 1977 c. 29 s. 1654 (7) (a), (c); 1977 c. 273; 1985 a. 29; 2007 a. 20; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.36 - Department to distribute suspension, revocation and disqualification lists and nonresidents' records of conviction.

343.36
Department to distribute suspension, revocation and disqualification lists and nonresidents' records of conviction.
(2)
Once each month, the department shall compile a list of the names and addresses of all residents of this state whose operating privileges were revoked or suspended or who were disqualified under s. 343.315 during the preceding month and the periods of those revocations, suspensions and disqualifications and, upon request, shall forward the list to the sheriff of each county, to the chief of police or the constable, respectively, of each city, village and town and to all county traffic officers.
(3)
Upon receiving a record of conviction showing that a nonresident operator of a motor vehicle has been convicted in this state of an offense which is grounds for revocation, suspension or disqualification under the laws of this state, the department shall forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
History:  1977 c. 29 s. 1654 (7) (a); 1977 c. 273; 1989 a. 167; 1995 a. 338.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.37 - No operation under foreign license during revocation or suspension.

343.37
No operation under foreign license during revocation or suspension.
(1)
An operator's license or permit issued by another jurisdiction does not authorize a resident of this state whose operating privilege has been revoked or suspended pursuant to the laws of this state to operate a motor vehicle in this state until that person has obtained a new license when and as provided in this chapter. This subsection applies to a resident of this state even though that person was a nonresident at the time that person's operating privilege was revoked or suspended.
(2)
Notwithstanding the privilege conferred on nonresidents by s. 343.05 (4) (b) 1., a nonresident whose operating privilege has been revoked or suspended pursuant to the laws of this state is not authorized to operate a motor vehicle in this state under an operator's license or permit issued by another jurisdiction until the nonresident's operating privilege in this state has been reinstated pursuant to the laws of this state. This subsection applies to a nonresident even though the nonresident was a resident of this state at the time the nonresident's operating privilege was revoked or suspended. This section does not limit the operating privilege granted to nonresidents by s. 343.05 (2) (a) 2.
History:  1989 a. 105, 359; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.39 - When operating privilege automatically reinstated.

343.39
When operating privilege automatically reinstated.
(1)
An operating privilege is automatically reinstated under any of the following circumstances:
(b)
When, in the case of a revocation, suspension, or disqualification based on a conviction, the conviction is reversed, set aside or vacated. This paragraph applies whether or not the conviction occurred in this state and whether or not the conviction was cause for revocation, suspension, or disqualification only when considered in connection with the person's entire operating record.
(c)
Whenever any other provision of law provides for automatic reinstatement.
(2)
Whenever a person's operating privilege is automatically reinstated, the department shall forthwith notify such person thereof. If the person's license is expired, the person may renew the license at the standard renewal fee at any time after the reinstatement of the person's operating privilege. If the person states to the department that he or she no longer possesses the license because the license was surrendered to a court, and the person has satisfied all requirements under sub. (1), the department shall issue a new license without any additional fee for the license.
History:  1973 c. 90; 1977 c. 29 s. 1654 (7) (a); 1977 c. 273; 1991 a. 39, 277; 1993 a. 16; 1997 a. 84; 2007 a. 20; 2009 a. 100, 103.
Reinstatement under sub. (1) (b) is not retroactive to the date of conviction. State v. Orethun, 84 Wis. 2d 487, 267 N.W.2d 318 (1978).
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.40 - Judicial review of suspension, revocation, cancellation or denial of license.

343.40
Judicial review of suspension, revocation, cancellation or denial of license.
The denial or cancellation of a license or the revocation or suspension of an operating privilege is subject to judicial review in the manner provided in ch. 227 for the review of administrative decisions.
History:  1977 c. 43, 187.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.43 - Unlawful use of license.

343.43
Unlawful use of license.
(1)
No person shall:
(a)
Represent as valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or
(b)
Sell or lend that person's license to any other person or knowingly permit the use thereof by another; or
(c)
Represent as one's own any license not issued to that person; or
(d)
Violate any of the restrictions placed on that person's license by or pursuant to law; or
(e)
Permit any unlawful use of a license issued to that person; or
(f)
Reproduce by any means whatever a copy of a license, unless the reproduction is done pursuant to rules promulgated by the department and for a valid business or occupational purpose; or
(g)
Deface or alter a license except to endorse a change of address authorized by s. 343.22 (2).
(2)
Whenever a license or identification card which appears to be altered is displayed to a law enforcement officer, agent of the secretary or the court, that person shall take possession of the license or identification card and return it to the department for cancellation. A notation of change of address properly endorsed on the license under s. 343.22 shall not of itself be reason to consider the license altered.
(3)
Except as provided in sub. (3m), any person who violates sub. (1) shall be:
(a)
Fined not less than $200 nor more than $600 and may be imprisoned for not more than 6 months or both for the first such violation.
(b)
Fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months for the 2nd offense occurring within 3 years.
(c)
Fined not less than $1,000 nor more than $2,000 and imprisoned for not less than 10 days nor more than 6 months for the 3rd or subsequent offense occurring within 3 years.
(3m)
Any person who violates sub. (1) (d) while operating a “Class D" or “Class M" vehicle as described in s. 343.04 (1) (d) and (e), except a school bus, may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than $500 and imprisoned for not more than 6 months for the 3rd or subsequent offense occurring within 3 years. A violation of a local ordinance in conformity with this section shall count as a previous offense.
History:  1975 c. 5, 199; 1977 c. 29 s. 1654 (7) (a), (c); 1977 c. 360, 447; 1979 c. 306; 1981 c. 20 s. 1848r; 1983 a. 36, 534; 1989 a. 105; 1991 a. 189, 230; 1999 a. 9; 2007 a. 20; 2009 a. 28.
Convictions for presenting a fraudulently altered driver license are restricted to situations having a direct bearing on the license, such as the granting of driving privileges. Changing the date of birth did not affect the owner's driving privileges. State v. Scholwin, 57 Wis. 2d 764, 204 N.W.2d 677 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.435 - License not to be used as security.

343.435
License not to be used as security.
(1)
No person may require or accept an operator's license, chauffeur's license, occupational license, instructional permit or any other license or permit issued under this chapter as security.
(2)
Any person violating this section may be required to forfeit not less than $20 nor more than $100.
(3)
This section does not apply to the action by a state, county, city, village or town of requiring or accepting a license or permit when such action is authorized by some other provision of law.
History:  1983 a. 355.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.45 - Permitting unauthorized person to drive.

343.45
Permitting unauthorized person to drive.
(1)
No person shall cause or knowingly permit the person's child or ward under 18 years of age to operate a motor vehicle upon any highway in violation of this chapter or when such minor is not authorized under this chapter to operate a motor vehicle.
(2)
No person shall authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be operated upon any highway in violation of this chapter or by a person who is not authorized under this chapter to operate a motor vehicle. No dealer as defined in s. 340.01 (11) (intro.) but including the persons specified in s. 340.01 (11) (a), (b), (c) and (d), shall permit any person to operate any motor vehicle owned by the dealer or in the dealer's possession or control on a trial run unless the dealer has been shown the person's valid operator's license, issued by this state or other jurisdiction, before permitting the trial run.
(3)
Except as another penalty is provided by s. 343.245 (4) (b), any person violating this section may be required to forfeit not more than $100.
History:  1971 c. 278; 1989 a. 105, 359.
A parent's unrestricted entrustment of a motorcycle to minor child in violation of this section constituted negligence per se. Kempf v. Boehrig, 95 Wis. 2d 435, 290 N.W.2d 563 (Ct. App. 1980).
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.46 - Duty of persons renting vehicles to another.

343.46
Duty of persons renting vehicles to another.
(1)
No person shall rent a motor vehicle, trailer or semitrailer to another unless the person who is to operate such rented vehicle is duly licensed under this chapter or, in the case of a nonresident, is duly licensed under the laws of the jurisdiction of the nonresident's residence.
(2)
No person shall rent a motor vehicle, trailer or semitrailer to another until that person has inspected the license of the person who is to operate the vehicle and has compared and verified the signature thereon with the signature of such person written in his or her presence.
(3)
Every person renting a motor vehicle, trailer or semitrailer to another shall keep a record of the registration number of the motor vehicle so rented or, in the case of a trailer or semitrailer, the registration number of the motor vehicle to which such trailer or semitrailer is to be attached, the name and address of the person who is to operate such rented vehicle, the number of the license of such person and the date when and place where such license was issued. Such record shall be open to inspection by any traffic officer or employee of the department.
(4)
Any person violating this section may be required to forfeit not more than $100.
History:  1971 c. 278; 1977 c. 29 s. 1654 (7) (a); 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.60 - Definitions.

343.60
Definitions.
In ss. 343.60 to 343.73:
(1)
“Driver school" means a business that gives instruction, for compensation, in the operation of motor vehicles, except that it does not include any of the following:
(a)
A high school or technical college that teaches driver training as part of its regular school program and whose course of study in driver training meets the criteria for a driver education course under this chapter has been approved by the department of public instruction or technical college system board.
(b)
An institution of higher learning that teaches driver training as part of its teacher training program.
(c)
A motorcycle training school that offers a basic or experienced rider training course approved by the department.
(d)
Any driver training school that offers training exclusively in the operation of vehicles designed and manufactured for off-highway operation.
(e)
An instructor.
(1g)
“Driver school classroom" means any facility that is approved by the department and used to conduct driver training, but does not include a motor vehicle.
(1m)
“Driver school office" means the location at which the driver school business is conducted and approved by the department. “Driver school office" does not include any facility used only as a driver school classroom.
(2)
“Fraudulent practices" includes, but is not limited to:
(a)
Any conduct or representation tending to give the impression that a license to operate a motor vehicle or any other license, registration or service granted by the secretary or department may be obtained by any means other than the means prescribed by law or by furnishing or obtaining the same by illegal or improper means; or
(b)
The requesting, accepting, exacting or collecting of money for such purpose.
(3)
“Instructor" means any person who is employed by a driver school licensed under this chapter and who, for compensation, gives instruction in the operation of a motor vehicle.
History:  1971 c. 154 s. 79 (2); 1977 c. 29 s. 1654 (7) (a), (c); 1983 a. 189; 1993 a. 399; 1995 a. 27 s. 9145 (1); 1997 a. 27; 2005 a. 397.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.69 - Hearings on license denials, cancellations, restrictions, suspensions, and revocations, and progressive enforcement action.

343.69
Hearings on license denials, cancellations, restrictions, suspensions, and revocations, and progressive enforcement action.
(1)
If the department denies an application for original issuance or renewal of a driver school license or instructor's license, or revokes, suspends, cancels, or restricts any such license, the department shall notify the applicant or licensee in writing of the action by sending notice of the action by registered or certified mail to the last-known address of the licensee or applicant. Any person who is aggrieved by a decision of the department under this subsection may, within 10 days after the date of receiving notice of the department's action, request review of the action by the division of hearings and appeals in the department of administration under ch. 227. This subsection does not apply to denials, cancellations, restrictions, suspensions, or revocations of licenses under s. 343.66 (2), (3), or (3m).
(2)
The department shall establish by rule a system of progressive enforcement action taken against licensees for violations of this subchapter or rules promulgated under this subchapter. This system shall include a procedure for addressing consumer complaints and taking action against licensees when such complaints are found to be substantiated.
History:  1977 c. 29 ss. 1461, 1654 (7) (a), (c); 1977 c. 418; 1981 c. 347 s. 80 (2); 1993 a. 16; 1997 a. 191, 237; 2005 a. 397; 2013 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.72 - Rules for conducting driver schools; prohibited practices.

343.72
Rules for conducting driver schools; prohibited practices.
(1)
No licensee may agree to give refresher lessons, unless the student states that he or she has had previous experience operating a motor vehicle.
(5m)
No driver school may represent that completion of a course of instruction will guarantee that the student will pass the driving skills test administered by the department or by an authorized 3rd-party tester under s. 343.16 (1) (bm). A driver school may only represent by means of a certificate of completion that the student has satisfactorily completed the required course.
(6)
All licensees must ascertain from the department the routes in the licensee's locale on which road tests are given by state license examiners and by authorized examiners of authorized 3rd-party testers under s. 343.16 (1) (bm). No licensee may instruct on these routes, except that driver schools may operate on these routes if comparable training location opportunities are not otherwise available in the locale.
(7)
Licensees may not publish, advertise, or create the impression that a license is guaranteed or assured. The display of a sign such as “License Secured Here" is forbidden.
(10)
All driver training cars used by the school must be identified by a sign visible to other vehicles from behind stating that the vehicle is a driver school vehicle.
(11)
All driver training vehicles must be registered with the department with a brief description of each, including the make, model, and registration number, and shall be kept in safe working condition, as established by the department by rule. The department may promulgate rules authorizing the department to place any driver training vehicle out of service for a vehicle equipment violation or for failure to file with the department proof of insurance for the vehicle.
(12)
All driver training vehicles shall be equipped with dual controls so that the instructor can stop the vehicle promptly. The department may inspect these vehicles at its discretion. After initial inspection of any driver training vehicle by the department, a driver school may, as provided by rule, certify to the department the condition of any driver training vehicle of a model year not more than 3 years old.
History:  1977 c. 29 s. 1654 (7) (a), (e); 1981 c. 314; 1991 a. 316; 2005 a. 397; 2009 a. 28; 2021 a. 152.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.73 - Penalty.

343.73
Penalty.
Any person who violates ss. 343.60 to 343.72 may be required to forfeit not less than $100 nor more than $200 for each offense.
History:  1971 c. 278; 1973 c. 218; 2005 a. 397.
2023 Wisconsin Statutes & Annotations › Chapter 343 - Operators' licenses. › 343.75 - Control group testing by department.

343.75
Control group testing by department.
The department may exempt certain persons from one or more of the mandatory requirements of this chapter to establish a test group in order to compare this group with a group of persons not exempted from any of the mandatory requirements of this chapter. After comparing these 2 groups, the department shall determine what effect, if any, that a particular mandatory requirement may have on highway safety in this state. The department shall submit any findings in this regard to the secretary who shall include them in the report required under s. 15.04 (1) (d).
History:  1977 c. 29 s. 1654 (7) (e); 1977 c. 196 s. 131; 1977 c. 273; 1981 c. 390 s. 252.
2023 Wisconsin Statutes & Annotations › Chapter 344 - Vehicles — financial responsibility. › 344.02 - Hearing on suspension or impoundment.

344.02
Hearing on suspension or impoundment.
(1)
Whenever the department under s. 344.13 gives notice of the amount of security required to be deposited and that an order of suspension or impoundment will be made if such security is not deposited, it shall afford the person so notified an opportunity for a hearing on the proposed action, if written request for a hearing is received by the department prior to the date specified in the notice, or prior to the postponed effective date of suspension if postponement has been granted under s. 344.14 (1). Upon receipt of timely request for hearing, the department shall fix the time and place of the hearing and give notice thereof to such person by regular mail. The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the owner of the motor vehicle to be impounded. Any person who fails without reasonable cause to appear at the time and place specified in the notice shall forfeit the right to a hearing.
(2)
No law enforcement officer or other witness called by the person who has requested a hearing to testify on his or her behalf may be paid a witness fee by the department. No law enforcement officer called as a witness for the department may be paid any witness fee.
(3)
Upon completion of the hearing, the department shall make findings of fact, conclusions of law, and a decision, and shall either proceed to order suspension of the person's operating privilege, or registrations, or both, and may also order the impoundment of the person's motor vehicle, in accordance with s. 344.14, or upon good cause appearing therefor, shall terminate the proceedings.
(4)
The time during which enforcement of an order of suspension or impoundment is stayed pending completion of court review thereof shall not be included as part of the one-year period fixed by s. 344.18 (1) (d) for suspension or the period fixed under s. 344.185 (2) (a) or (b) for impoundment.
History:  1971 c. 253; 1977 c. 29 ss. 1462, 1654 (7) (a), (c); 1977 c. 418; 1979 c. 258; 1981 c. 347 s. 80 (2); 1981 c. 363, 391; 1991 a. 269; 1993 a. 16; 1997 a. 27, 84.
The hearing procedures under this section satisfy due process. A person's minimal property interest is balanced by the state's interest in the procedures, which carry little risk of an erroneous deprivation of property. Kopf v. State, 158 Wis. 2d 208, 461 N.W.2d 813 (Ct. App. 1990).
2023 Wisconsin Statutes & Annotations › Chapter 344 - Vehicles — financial responsibility. › 344.03 - Judicial review.

344.03
Judicial review.
(1)
Any person aggrieved by a final decision of the department under this chapter may, at any time prior to 30 days after the entry of an order of suspension, revocation or impoundment, seek judicial review under ch. 227.
(2)
If any person aggrieved by a decision of the department under this chapter fails to seek judicial review under ch. 227 within the time allowed in sub. (1), the circuit court may, upon the person's petition and notice to the department, and upon the terms and within a time as the court deems reasonable, but not later than one year after the act complained of or, in the case of an impoundment, after the vehicle has been ordered sold under s. 344.185 (2), allow a review with the same effect as though done within the time prescribed in sub. (1). This subsection does not authorize the court to stay suspension or revocation of an operator's license.
History:  1977 c. 29 ss. 1463, 1654 (7) (c); 1977 c. 187, 418; 1981 c. 347 s. 80 (2); 1981 c. 363, 391; 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 344 - Vehicles — financial responsibility. › 344.04 - Power of court to stay suspension of registration or impoundment of vehicles.

344.04
Power of court to stay suspension of registration or impoundment of vehicles.
(1)
Notwithstanding any other provision of this chapter, the secretary shall not suspend the registration of a vehicle when ordered not to do so by the court wherein the judgment for damages was had or, in a case not involving a judgment, when ordered not to do so by a court under petition of the registrant in accordance with sub. (2).
(2)
Upon receiving information, other than of a judgment for damages in a court of this state, that would be cause for suspension of registration or impoundment of the vehicle, the secretary shall notify the registrant of the intention to suspend such registration or impound the vehicle. The registrant may thereupon petition any court of record in the registrant's county for an order enjoining the secretary's contemplated action, whereupon the judge of such court shall grant an order restraining the secretary in the matter until the petition is finally determined by the court. If such petition and order are served upon the secretary within 10 days after the date of the secretary's notice or in any event before the secretary has suspended the registration or impounded the vehicle, the secretary shall await the final determination of the court. The secretary shall be given notice of the hearing. Upon a showing that it would result in undue hardship upon the petitioner to have any such registration suspended or the vehicle impounded, the court shall issue an order restraining the secretary from suspending the registration or impounding the vehicle.
(3)
This section does not authorize a court to stay suspension or revocation of an operator's license.
History:  1977 c. 29 s. 1654 (7) (c); 1977 c. 273; 1981 c. 363; 1991 a. 269; 1997 a. 84.
2023 Wisconsin Statutes & Annotations › Chapter 344 - Vehicles — financial responsibility. › 344.05 - Courts to report nonpayment of certain judgments.

344.05
Courts to report nonpayment of certain judgments.
(1)
If a judgment of $500 or more for damages arising out of a motor vehicle accident is not satisfied within 30 days after its having become final by expiration without appeal of the time within which an appeal might have been taken or by final affirmation on appeal, the clerk of the court in which the judgment was rendered, or the judge if the court has no clerk, shall immediately forward to the secretary a certified copy of the judgment upon request of the judgment creditor or the attorney of record for the judgment creditor.
(2)
If the defendant named in any certified copy of a judgment reported to the secretary is a nonresident, the secretary shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the defendant is a resident.
History:  1977 c. 29 s. 1654 (7) (c); 1981 c. 20; Sup. Ct. Order, 146 Wis. 2d xiii (1988); 1997 a. 84.
2023 Wisconsin Statutes & Annotations › Chapter 344 - Vehicles — financial responsibility. › 344.08 - Suspension for failure to report accident.

344.08
Suspension for failure to report accident.
(1)
The secretary may suspend the operating privilege or registration of any person who fails to report an accident as required by s. 346.70 or to give correctly the information requested by the secretary in connection with such report unless, in the judgment of the secretary, there was excusable cause for such failure or unless the accident did not result in injury or damage to the person or property of anyone other than the person so required to report.
(2)
Any operating privilege suspended or revoked under this section, or suspended or revoked under any other section for failure to report an accident, shall be reinstated in accordance with s. 344.09 at the end of one year following the effective date of the suspension or revocation order if, during such one-year period, no notice of action has been filed with the department in the manner specified in s. 344.18 (1) (d).
History:  1977 c. 29 s. 1654 (7) (a), (c); 1979 c. 258; 1991 a. 269; 1997 a. 84.
2023 Wisconsin Statutes & Annotations › Chapter 344 - Vehicles — financial responsibility. › 344.09 - Reinstatement of operating privilege and registration.

344.09
Reinstatement of operating privilege and registration.
(1)
Whenever the secretary is satisfied that the reason for suspending or revoking an operating privilege under this chapter has been removed, including satisfaction of any of the requirements of s. 344.18, the secretary shall order reinstatement of the operating privilege. The department shall give notice of the reinstatement to the person whose operating privilege was suspended or revoked in the manner it deems appropriate. The order reinstating a suspended operating privilege has the same effect as an automatic reinstatement under s. 343.39.
(2)
Whenever an operating privilege suspended or revoked under this chapter is reinstated, any registration that was suspended or revoked along with the operating privilege is reinstated and the department shall return any surrendered and unexpired registration plate in its possession.
(3)
Nothing in this section exempts a person from the applicable reinstatement fees under s. 341.36 or 343.21 or from complying with applicable provisions of s. 343.38.
History:  1977 c. 29 s. 1654 (7) (a), (c); 1977 c. 273; 1985 a. 29; 1991 a. 269; 1997 a. 84.
2023 Wisconsin Statutes & Annotations › Chapter 344 - Vehicles — financial responsibility. › 344.12 - Applicability of provisions relating to deposit of security for past accidents.

344.12
Applicability of provisions relating to deposit of security for past accidents.
Subject to the exceptions contained in s. 344.14, the provisions of this chapter requiring deposit of security and requiring suspension for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person of $1,000 or more.
History:  1981 c. 20; 1991 a. 269; 1995 a. 113; 1997 a. 84.
Wisconsin's safety responsibility law. FitzGerald. WBB Feb. 1984.
2023 Wisconsin Statutes & Annotations › Chapter 344 - Vehicles — financial responsibility. › 344.13 - Secretary to determine amount of security required following accident and to give notice thereof.

344.13
Secretary to determine amount of security required following accident and to give notice thereof.
(1)
The secretary after receipt of a report of an accident of the type specified in s. 344.12 shall determine, with respect to such accident, the amount of security which is sufficient in the secretary's judgment to satisfy any judgment for damages resulting from such accident which may be recovered against either operator or owner of the vehicles involved in such accident. Such determination shall be based upon the total property damage suffered by other persons whose property was involved in the accident, not including the vehicle a person was operating when such operation was with the owner's permission, and on the extent of personal injuries, including deaths, involving other parties to the accident. The determination as to the amount of security required shall not be made with respect to operators or owners who are exempt from the requirements of security and suspension under s. 344.14 (2).
(2)
The secretary shall determine the amount of security required to be deposited by each person on the basis of the accident reports or other information submitted. In addition to the accident reports required by law, the secretary may request from any of the persons, including passengers and pedestrians, involved in such accident such further information, sworn statements or other evidence relating to property damage, personal injury or death in motor vehicle accidents as deemed necessary to aid in determining the amount to be deposited as security under s. 344.14. Failure of a person to comply with such request is grounds for suspending such person's operating privilege but no suspension shall be made on such grounds until one follow-up request has been made and at least 20 days have elapsed since the mailing of the first request.
(3)
The secretary within 90 days after receipt of a report of an accident of the type specified in s. 344.12 and upon determining the amount of security to be required of any person involved in such accident or to be required of the owner of any vehicle involved in such accident, shall give at least 10 days' written notice to every such person of the amount of security required to be deposited by the person. The notice also shall state that an order of suspension will be made as provided in s. 344.14, unless within such time security is deposited as required by the notice. The order of suspension may be made a part of the notice, with a provision that it will take effect on the date specified in this subsection unless security is deposited prior to that date.
History:  1971 c. 253; 1977 c. 29 s. 1654 (7) (c); 1977 c. 273; 1991 a. 269; 1997 a. 84.
The 90-day time limit under sub. (3) is directory, not mandatory. Warner v. DOT, 102 Wis. 2d 232, 306 N.W.2d 266 (Ct. App. 1981).