Wisconsin Legislature: Trans 102.18(2)(b)

Note: See s. 343.16 (3) (a), Stats.

(3) Renewed regular, commercial driver and motor-cycle only licenses. Regular, commercial and motorcycle only licenses shall expire 8 years from the expiration date of the license being renewed if the license is renewed prior to its expiration, or 7 years from the person’s next birthday in all other circumstances, except as otherwise provided in this section.

(3m) License extensions. A regular license issued by the department may be extended by the department for 4 years from the expiration date of the license if the department has selected the license for 4 year extension rather than renewal in order to balance the number of licenses that will expire in future years. The department may not extend an expiration date under this subsection beyond the date that the person’s presence in the United States is legally authorized. The department may consider a person’s driving history in deciding whether to extend the person’s license. Vision examinations may not be required for extensions.

Note: Section 343.20 (1) (f), Stats., provides that this extension program sunsets on December 31, 2001.

(4) License renewal. No person may renew:

(a) An operator’s license more than one year prior to the expiration date of the license.

(b) A probationary license or special restricted license more than 90 days prior to the expiration date of the license.

(5) New state residents. Original operator’s licenses issued under s. 343.20 (1) (e), Stats., shall expire 3 years after the licensed person’s next birthday or on the date that the person’s legal presence in the United States is no longer authorized or on the following date, whichever occurs sooner.

Note: Section 343.20 (1) (e), Stats., was repealed, and s. Trans 102.16 (5) has no effect.

(6) Special restricted licenses. Special restricted license renewals expire on the date that the person’s legal presence in the United States is no longer authorized or on the following date, whichever occurs sooner:

(7) Endorsements expire with licenses. All endorsements on an operator’s license shall expire on the same date the operator’s license expires or is withdrawn.

(8) Expiration date does not change with changes in authority. The expiration date of a valid license document shall remain the same when subsequent upgrades to classifications or endorsements are applied to the license, except that if the date that the person’s legal presence in the United States is no longer authorized occurs sooner, the expiration date shall become the date that the person’s legal presence in the United States is no longer authorized.

Note: Expiration of restricted licenses is provided for in s. 343.08 (2) (a), Stats.

History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (3) (b), Register, September, 1992, No. 441, eff. 10-1-92; am. (2), (5), r. and recr. (3), cr. (3m), Register, December, 1999, No. 528, eff. 1-1-00; CR 06-082: am. (1) (3m), (5), (6) and (8) Register December 2006 No. 612, eff. 4-1-07.

Trans 102.17 Temporary operator’s license or driver receipt.

(1) Temporary operator’s license. The department may issue a class D or M temporary operator’s license and attach it to a person’s previous Wisconsin license when the person presents the previous license and the department is unable to immediately issue a renewal operator’s license to the person for one of the following reasons:

(a) The department, pursuant to s. 343.16 (6), Stats., requires testing or an examination prior to renewal including, but not limited to, medical, eye, or mental examinations or evaluations of drug or alcohol dependency and the testing cannot be completed prior to the expiration of the existing license; or

(b) The department’s license production system temporarily prevents production of an operator’s license.

(2) Temporary driver receipt. The department may issue a class D or M temporary driver receipt and validate it for driving:

(a) When a person is eligible for a temporary driver receipt under s. Trans 102.15 (6); or

(b) When a person applying for renewal of a license is unable to present the person’s previous Wisconsin license and the department is not able to immediately issue an operator’s license for any of the reasons stated in sub. (2) (a) or (b).

(c) If the person has previously held a motorcycle instruction permit, that instruction permit is expired, and the person seeks authorization to operate a motorcycle solely for the purpose of completing a motorcycle driver exam.

(3) Duration. A temporary operator’s license or driver receipt may be valid for not longer than 60 days from the date issued, unless otherwise canceled, revoked or suspended. The date issued shall be shown on the face of a temporary license or driver receipt.

Note: Form MV3501, temporary operator’s license, form MV3432, receipt, form MV3392 data card instruction permit/receipt.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1) (intro.) and (2) (intro.), Register, November, 1994, No. 467, eff. 12-1-94; cr. (2) (c), Register, January, 1997, No. 493, eff. 2-1-97.

Trans 102.18 Identification card and issuance period.

(1) Original and reinstatement identification cards expire 4 years from the identified person’s next birthday, or on the date that the person’s legal presence in the United States is no longer authorized, whichever occurs sooner.

(2) Renewal identification cards expire on the date that the person’s legal presence in the United States is no longer authorized or on the following date, whichever occurs sooner:

(a) Four years from the identified person’s next birthday when the renewal application is made prior to the expiration date of the latest identification card on file for that person;

(b) Three years from the identified person’s next birthday when the renewal application is made after the expiration date of the latest identification card on file for that person.

(3) No person may renew an identification card more than one year prior to the expiration date of the identification card.

Note: See s. 343.50 (5) and (6), Stats.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 06-082: am. (1) and (2) Register December 2006 No. 612, eff. 4-1-07.

Trans 102.19 Instruction permits.

(1) Class d instruction permits. An instruction permit for class D privileges may not be issued to a person less than 18 years of age who is enrolled in a behind the wheel driver education course more than 60 days prior to the beginning of the practice driving phase of that driver education course.

(2) Moped and motor bicycle instruction permits.

(a) In order to be issued a moped and motor bicycle instruction permit, a person must pass a knowledge test established by the department.

(b) A person holding a moped or motor bicycle instruction permit, or regular instruction permit endorsed for moped and motor bicycle operation may operate a moped or motor bicycle only during daylight hours and may not carry passengers.

Note: See s. 343.07, Stats.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; renum. (1) and (2) to be (2) (a) and (b), cr. (1), Register, January, 1997, No. 493, eff. 2-1-97.

Trans 102.20 Farm service CDLs.

(1) Purpose. The purpose of this section is to adopt a seasonal farm service waiver for CMV drivers consistent with those federal department of transportation regulations at 49 CFR 383.3(f).

(2) Definitions. In this section:

(a) “Agri-chemical business” means a business that sells and delivers fertilizer, pesticides or other chemical compounds to farmers.

(b) “CDL” means a commercial driver license.

(c) “Convicted” or “conviction” has the meaning set forth in s. 340.01 (9r), Stats., and includes convictions under state law, convictions under local ordinances in conformity with state law, convictions under a law of federally recognized American Indian tribe or band in this state in conformity with state law, or convictions under the law of another jurisdiction which prohibits conduct similar to that prohibited under state law even if that jurisdiction’s law is not in conformity with state law.

(d) “Custom harvester” means a business which is engaged solely in the provision of for hire harvesting services to farmers or engaged in canning, freezing or processing the crops being harvested.

Note: The licenses of temporary seasonal employees of custom harvester employers are limited to permit only transportation related to the harvesting of crops. See s. Trans 102.20 (8) (fm). A driver in this category may, for example, haul harvesting equipment to and from the fields where the harvest is conducted, and may haul harvested crops from the fields where harvested to a storage facility or food processing plant. Subsequent transportation of the harvested crops, however, such as to haul harvested crops from storage facilities to processing plants or to haul processed crops to market, are not permitted under a Farm Service CDL.

(e) “Farm retail outlet” means a business engaged in the retail sale and delivery of farm supplies to farmers.

(f) “Farm service CDL” means a restricted commercial driver license issued pursuant to this section.

(g) “Farm service industry” means a farm retail outlet, a custom harvester, a livestock feeder or an agri-chemical business.

(h) “Farmer” has the meaning set forth in s. 340.01 (18) (b), Stats.

(i) “Livestock feeder” means a business that is licensed as an approved feed lot under s. ATCP 11.14.

Note: Section ATCP 11.14 was repealed eff. 10-1-06.

(j) “Seasonal employment” means a period of employment that does not exceed 210 days per year.

(k) “Seasonal period” means a continuous time period for which a farm service CDL permits limited operation of commercial motor vehicles.

(3) Eligibility. The department may issue a farm service CDL to any person who meets all of the following requirements:

(a) Is employed in seasonal employment with a farm service industry.

(b) Has held a class D operator’s license, other than an instruction permit for at least the one-year period preceding the date of application.

(d) Has passed the test required under sub. (7).

(e) Does not hold a CDL.

(f) Meets the medical standards requirements of s. 343.065, Stats., and ch. Trans 112.

(g) Is at least 18 years of age.

(4) Driver record requirements. The department may not issue or renew a farm service CDL to any person who at any time during the 2-year period preceding the date of application:

(a) Held more than one operator’s license at one time, except that for purposes of this subdivision, a school bus or chauffeur’s license issued under s. 343.12 or 343.125, 1987 Stats., shall be counted with a regular license as a single license.

(b) Had any driver license or operating privilege, in Wisconsin or any other jurisdiction, revoked, suspended or canceled as a result of a moving violation. Failure to pay a forfeiture resulting from a non-traffic offense is not a moving violation for purposes of this paragraph.

(c) Was convicted of speeding in excess of 15 miles per hour over the applicable speed limit or any one violation listed as a disqualifying offense or serious traffic violation under s. 343.315 (2) (a), (e), (f) or (g), Stats., regardless of whether the person was operating a commercial motor vehicle at the time of the offense.

(d) Was convicted of a violation of a law relating to motor vehicle traffic control arising in connection with any traffic accident, except a parking or safety belt violation.

(e) Was at fault in any motor vehicle accident.

(f) Was convicted of a violation of a law arising out of the person’s operating a vehicle type not authorized under a farm service CDL, violating a restriction of a farm service CDL, transporting hazardous materials not permitted under a farm service CDL, or operating a commercial motor vehicle outside the seasonal period provided for on a farm service CDL.

(5) Disqualification. The department shall revoke, suspend, cancel or disqualify the farm service CDL privilege of any person who is disqualified under s. 343.315, Stats.

(6) Application.

(a) An application for a farm service CDL shall be made on forms provided by the department and shall include all requested information.

(b) An original or renewal application for farm service CDL shall include all of the following:

1. A standard driver license application form.

2. A certification of the driver’s eligibility for the license.

3. The required fee.

4. Specification of the seasonal period for which the applicant seeks farm service CDL operating privileges.

Note: Driver License Application and renewal forms (MV3001 and MV3005) and Driver Certification forms (MV3586) may be obtained at any Division of Motor Vehicle Services Center or from the Wisconsin Department of Transportation, Bureau of Driver Services, License Issuance Unit, P.O. Box 7918, Madison, WI 53707-7918.

(7) Testing.

(a) The department may not issue a farm service CDL to any person who has not passed the required knowledge test.

Note: See ss. 343.16 (1) (a) and 343.16 (2), Stats.

(b) The department shall waive CDL skills tests for applicants seeking farm service CDLs except under circumstances where the department would require one or more examinations under s. 343.16 (5) or (6), Stats.

(8) Restrictions. All farm service CDLs shall be subject to the following restrictions:

(a) The license may not permit operation of class A motor vehicles as defined in s. 343.04 (1) (a), Stats.

(b) The license may not permit transporting hazardous materials except liquid fertilizer in vehicles or implements of husbandry with total capacities of 3000 gallons or less, solid fertilizers that are not transported with any organic substance, or 1000 gallons or less of diesel fuel, but no combination of these materials.

(c) The license may not permit operation of a school bus or of a passenger carrying vehicle, as defined in s. 343.04 (2) (d), Stats.

(d) The license shall permit operation only of commercial motor vehicles owned, leased or rented by the driver’s farm service industry employer.