Wisconsin Administrative Code › Department of Transportation › Chapter Trans 117 - Occupational driver's license › Section Trans 117.03 - Eligibility

Current through June 24, 2024
(1) GENERAL. An occupational license may be
			 issued to a Wisconsin resident who meets the requirements of s.
			 343.10,
			 Stats., who is otherwise eligible to receive a license in the state of
			 Wisconsin, and whose petition for an occupational license is granted by a court
			 or by the department.
(2) MANDATORY
			 REQUIREMENTS. The department may not issue an occupational license unless all
			 of the following criteria are met:
(a) The
			 person is a resident of the state of Wisconsin.
Note: See s.
				343.06(1)
				(k), Stats.
(b) The person's license is suspended or
			 revoked.
Note: Drivers with cancelled or disqualified licenses are not
				eligible for occupational licensing. s.
				343.10(1)
				(a), Stats.
(c) The person has filed proof of financial
			 responsibility for the future covering all vehicles the person seeks permission
			 to operate.
Note: See s.
				343.10(2)
				(a)2, Stats.
(d) The person has submitted an application
			 containing all materials and information required under s.
			 Trans
			 117.05.
(f) The person has installed any ignition
			 interlock devices the person has been ordered to install as a condition of an
			 occupational license or pursuant to a court order under s.
			 343.301(1g),
			 Stats.
(g) The person has completed
			 assessment and is in compliance with the driver safety plan required by the
			 assessment if the person has 2 or more prior alcohol offenses. For purposes of
			 this paragraph, a person shall be presumed to be in compliance with the driver
			 safety plan if the department has not received a report of non-compliance or
			 license denial from the assessment agency or traffic safety school.
Note: See s.
				343.10(2)
				(e), Stats.
(h) The person has reinstated all operating
			 privileges in all other states in which the person's operating privilege or
			 license was suspended or revoked if the occupational license will be the first
			 license issued to the person after moving to this state.
Note: s.
				343.38(4),
				Stats.
(i) The person
			 successfully passes any required examinations.
Note: See s.
				343.06(1)
				(f), Stats.
(j) The person is not prohibited from holding
			 an operator's license as a result of conviction for a sex-related offense under
			 s.
			 343.06(1)
			 (i) or
			 343.30(2d),
			 Stats.
(k) The person has not filed
			 more than one petition with a circuit court for an occupational license since
			 the last date on which the department issued an occupational license to the
			 person.
Note: See s., 343.10 (4) (c), Stats.
(m) The person's operating privilege has not
			 been suspended or revoked during the one year period preceding the present
			 revocation or suspension. For purposes of this paragraph, multiple suspensions
			 or revocations arising out of the same incident or occurrence shall count as
			 one suspension or revocation.
Note: See s.
				343.10(2)
				(a)1, Stats.
(n) Any minimum mandatory waiting period
			 required under s.
			 343.10(2)
			 (a) 4, Stats., or specified in any other
			 provision of law has expired. The waiting period commences on the date the
			 suspension or revocation is imposed. Each revocation or suspension imposed has
			 its own waiting period. The waiting periods may run concurrently. Where waiting
			 periods do not run concurrently, no credit may be granted for waiting periods
			 resulting from multiple suspensions or revocations arising out of one incident
			 or occurrence. A reduction in the length of a suspension or revocation does not
			 affect the length of the waiting period for an occupational license. An appeal
			 or other judicial action that stays a suspension or revocation also stays the
			 running of any required waiting period for that suspension or revocation.
Note: See s.
				343.10(2)
				(a)4, Stats.